Boyd M. Johnson III co-authored a chapter titled “Defending Clients in Insider Trading Investigations and Enforcement Actions,” which was published in the recently released book Defending Corporations & Individuals In Government Investigations, second edition. Johnson, a partner in the firm’s Litigation/Controversy Department, co-wrote the chapter with his former colleague at the United States Attorney’s Office, Christopher L. Garcia, who served as chief of the Securities and Commodities Fraud Task Force. Jason D. Hirsch, a senior associate in the firm’s Litigation/Controversy Department, also helped with the chapter, which details insider trading investigations in response to the government’s renewed commitment to the area.
Johnson provides a unique perspective in the chapter by drawing on nearly a decade of private sector experience as well as 13 years of service as a federal prosecutor. As former Deputy United States Attorney in the Southern District of New York, Johnson managed some of the biggest insider trading investigations in history, including that of Raj Rajaratnam of the Galleon Group. In addition, he oversaw the proliferation of the use of wiretaps within these investigations.
The chapter focuses on key considerations at each phase of an insider trading investigation, as well as the important steps that individuals and corporations can take to minimize the likelihood of an insider trading investigation from ever occurring. In addition, it explains significant aspects of insider trading law, common defenses asserted on each element of the crime, and trends in the imposition of sentences and fines.
The second edition of Defending Corporations & Individuals In Government Investigations was released in December 2012 and is intended to serve as a resource for lawyers handling any aspect of such matters. It is comprised of chapters written by a variety of former prosecutors and government regulators that address the mechanics of, and strategies behind, defending many of the frequently charged federal crimes.
Former United States Attorney for the Southern District of New York Mary Jo White called the book “a must have resource and reference for any lawyer involved in white collar matters.”