Areas of Practice

Some of Mr. Pitofsky’s recent or current matters include: the representation of a former KPMG partner charged in United States v. Stein, et al., which is billed as the largest criminal tax case in United States history; the representation of an individual in a high-profile corruption and money laundering investigation involving former United States Congressman Randall “Duke” Cunningham; the representation of a New York City government employee accused of accepting bribes from a private contractor; the representation of an individual in a federal corruption investigation involving former New York State Assemblyman and labor leader Brian McLaughlin; the representation of a corporate officer in connection with a federal money laundering investigation of NeTeller, a foreign money transmitter servicing offshore gaming sites; the representation of an individual employed by a major U.S. brokerage in connection with a federal investigation into the stock loan industry; the representation of an individual charged by the SEC with engaging in market timing in violation of the federal securities laws; the representation of two corporations in connection with separate antitrust investigations conducted by the New York State Attorney General’s Office; and advising multiple entities engaged in overseas transactions as to the requirements of the Foreign Corrupt Practices Act.

In the area of internal investigations, Mr. Pitofsky has conducted multiple investigations into...more »

Some of Mr. Pitofsky’s recent or current matters include: the representation of a former KPMG partner charged in United States v. Stein, et al., which is billed as the largest criminal tax case in United States history; the representation of an individual in a high-profile corruption and money laundering investigation involving former United States Congressman Randall “Duke” Cunningham; the representation of a New York City government employee accused of accepting bribes from a private contractor; the representation of an individual in a federal corruption investigation involving former New York State Assemblyman and labor leader Brian McLaughlin; the representation of a corporate officer in connection with a federal money laundering investigation of NeTeller, a foreign money transmitter servicing offshore gaming sites; the representation of an individual employed by a major U.S. brokerage in connection with a federal investigation into the stock loan industry; the representation of an individual charged by the SEC with engaging in market timing in violation of the federal securities laws; the representation of two corporations in connection with separate antitrust investigations conducted by the New York State Attorney General’s Office; and advising multiple entities engaged in overseas transactions as to the requirements of the Foreign Corrupt Practices Act.

In the area of internal investigations, Mr. Pitofsky has conducted multiple investigations into alleged bribery, misappropriation of funds, and accounting fraud, including an investigation for a Fortune 10 company. Mr. Pitofsky has advocated for his clients before the Department of Justice, the European Commission, the SEC, the European Bank for Reconstruction and Development, and the New York State Attorney General’s Office, and each presentation resulted in the declination of prosecution against his clients. less »

In January 2008, Mr. Pitofsky co-authored an article entitled “5^th Circuit Confirms and Expansive Reading of the FCPA in United States v. Kay,” which was published in Andrews White Collar-Crime Reporter. Other recently-published works include an article in the New York Law Journal on the “Monitor/Examiner’s Role Under Deferred Prosecution Agreements” (September 2005) and a co-authored article in the New York Law Journal entitled “Lawyers on Trial” (July 2005). In November 2006, Mr. Pitofsky was one of three commentators who contributed to a Wall Street Journal Online feature entitled “Has the Government Gone to Far in its War on Corporate Crime?”

Mr. Pitofsky is a frequent speaker on a variety of white collar crime and securities enforcement topics. In December 2005, he moderated a Federal Bar Council program on “Corporate Deferred Prosecution Agreements.” Other recent presentations include “Internal Investigations and Corporate Cooperation: Whose Side Are You On?,” a plenary session at the 2005 ABA National Institute on White Collar Crime (March 2005), and “Current Issues in Attorney-Client Privilege; Corporate Crime and Civil Litigation” at the Federal Bar Council CLE Program (March 2004). In September 2004, he presented the case of United States v. Computer Associates International, Inc. to the President’s Corporate Fraud Task Force. In October 2005, he was a panelist at the American Conference Institute’s...more »

In January 2008, Mr. Pitofsky co-authored an article entitled “5^th Circuit Confirms and Expansive Reading of the FCPA in United States v. Kay,” which was published in Andrews White Collar-Crime Reporter. Other recently-published works include an article in the New York Law Journal on the “Monitor/Examiner’s Role Under Deferred Prosecution Agreements” (September 2005) and a co-authored article in the New York Law Journal entitled “Lawyers on Trial” (July 2005). In November 2006, Mr. Pitofsky was one of three commentators who contributed to a Wall Street Journal Online feature entitled “Has the Government Gone to Far in its War on Corporate Crime?”

Mr. Pitofsky is a frequent speaker on a variety of white collar crime and securities enforcement topics. In December 2005, he moderated a Federal Bar Council program on “Corporate Deferred Prosecution Agreements.” Other recent presentations include “Internal Investigations and Corporate Cooperation: Whose Side Are You On?,” a plenary session at the 2005 ABA National Institute on White Collar Crime (March 2005), and “Current Issues in Attorney-Client Privilege; Corporate Crime and Civil Litigation” at the Federal Bar Council CLE Program (March 2004). In September 2004, he presented the case of United States v. Computer Associates International, Inc. to the President’s Corporate Fraud Task Force. In October 2005, he was a panelist at the American Conference Institute’s program on “Broker/Dealer Enforcement Actions.”

Mr. Pitofsky was the subject of a featured interview in the Corporate Crime Reporter (19 Corporate Crime Reporter 46(8), November 2005). He was featured in the January 2006 issue of CFO magazine (“Race to Reform: Test Case of DPAs”). He is also frequently quoted as an authority on a variety of white collar crime and securities fraud related topics in numerous publications, “Crackdown Puts Corporations, Executives in New Legal Peril,” Wall Street Journal, June 20, 2005; “Inquiry Into Taser Upgraded, Giving SEC Subpoena Power,” New York Times, September 28, 2005; “Rove to Testify a Fourth Time in CIA Leak Case,” Wall Street Journal, October 7, 2005; “Calling the Ethics Cops,” Business Week, February 13, 2006; “Well-Knit Team Gathered by Cuomo in Effort to Solve ‘Real Problems,’” New York Sun, June 26, 2007; “In Brocade Trial, Judge Breyer is an Equal Opportunity Heavy,” Wall Street Journal, July 11, 2007; and “Clemens’s Fate Rests in Hands of Justice Dept.,” New York Sun, February 28, 2008. less »

Prior to joining Goodwin Procter, Mr. Pitofsky worked for the United States Attorney’s Office for the Eastern District of New York, where he was Principal Deputy Chief of the Office’s Criminal Division. His distinguished tenure in the United States Attorney’s Office included his work as lead investigator and prosecutor in United States v. Computer Associates International, Inc. Mr. Pitofsky spearheaded this highly complex, high profile, two-year corporate fraud investigation that resulted in securities fraud and obstruction of justice convictions of, among others, the company’s CFO and general counsel, as well as a deferred prosecution agreement with the company that included a $225 million payment of restitution. Based on his role in this case and other complex corporate fraud prosecutions which he supervised while in the United States Attorney’s Office, Mr. Pitofsky has a unique understanding and grasp of these complex cases, including the operation of the deferred prosecution agreements, restitution funds and monitorships that are normally established in connection with the resolution of such cases.

Some of Mr. Pitofsky’s other significant prosecutions included: United States v. Dennis Gaito, in which he and co-counsel secured conviction after jury trial of a CPA on charges including securities fraud conspiracy and domestic and international money laundering; United States v. Jui-Teng Lin, in which he investigated and secured conviction after...more »

Prior to joining Goodwin Procter, Mr. Pitofsky worked for the United States Attorney’s Office for the Eastern District of New York, where he was Principal Deputy Chief of the Office’s Criminal Division. His distinguished tenure in the United States Attorney’s Office included his work as lead investigator and prosecutor in United States v. Computer Associates International, Inc. Mr. Pitofsky spearheaded this highly complex, high profile, two-year corporate fraud investigation that resulted in securities fraud and obstruction of justice convictions of, among others, the company’s CFO and general counsel, as well as a deferred prosecution agreement with the company that included a $225 million payment of restitution. Based on his role in this case and other complex corporate fraud prosecutions which he supervised while in the United States Attorney’s Office, Mr. Pitofsky has a unique understanding and grasp of these complex cases, including the operation of the deferred prosecution agreements, restitution funds and monitorships that are normally established in connection with the resolution of such cases.

Some of Mr. Pitofsky’s other significant prosecutions included: United States v. Dennis Gaito, in which he and co-counsel secured conviction after jury trial of a CPA on charges including securities fraud conspiracy and domestic and international money laundering; United States v. Jui-Teng Lin, in which he investigated and secured conviction after jury trial of the CEO of a public company who falsely touted development of groundbreaking lasers for eye surgery, on charges of securities fraud and international money laundering; and United States v. James and Elizabeth Sanders, in which he secured conviction after trial jury of a self-styled investigation journalist and his flight attendant wife who conspired to steal from a secure location part of the recovered wreckage of TWA Flight 800.

In his role as Principal Deputy Chief of the Criminal Division, Mr. Pitofsky was involved with shaping the policies, procedures and objectives of the Criminal Division as well as supervising approximately 100 criminal prosecutors. His particular areas of focus were corporate fraud, terrorism and capital crimes. Additionally, the United States Attorney, who was a member of the President’s Corporate Fraud Task Force, appointed Mr. Pitofsky to be her representative on two of the Task Force’s working groups which focused on creative corporate resolutions and emerging trends in corporate fraud. Mr. Pitofsky began his tenure in the Criminal Division in 1996 as an Assistant U.S. Attorney.

Mr. Pitofsky is an experienced and highly-regarded courtroom lawyer. While in the United States Attorney’s Office, he was first chair in 10 jury trials, all of which resulted in convictions. In addition, he tried numerous additional cases as co-counsel and argued and won 14 appeals in the Second Circuit Court of Appeals.

Prior to his work within the United States Attorney’s Office, Mr. Pitofsky was an associate in the Litigation Department at Donovan Leisure Newton & Irvine, where he practiced commercial litigation primarily in the areas of securities fraud and antitrust.

Following law school, Mr. Pitofsky served as a law clerk to the Honorable Jaime Pieras, Jr. of the United States District Court for the District of Puerto Rico. less »