Todd is a critical member of McDermott’s industry-leading Cryptocurrency practice. Todd has been instrumental in gaining favorable resolutions for numerous large companies in the cryptocurrency industry, in relation to fraud and regulatory investigations by the DOJ, the SEC, the Commodity Futures Trading Commission (CFTC), the Federal Trade Commission (FTC), and the Treasury Department.

Todd has been first-chair in more than forty trials in federal and state courts and has filed appellate briefs and conducted appellate arguments in more than a dozen cases in the US Court of Appeals for the Second Circuit. Todd has been named a “Litigation Star” by Benchmark Litigation.

In August 2015, Todd was named the national “Litigator of the Week” by American Lawyer for the rare defense trial win he secured in a federal insider trading case. Todd’s client was a hedge fund manager who faced 36 counts of securities fraud, wire fraud and conspiracy related to an alleged insider trading scheme. At trial in federal district court, Todd won a full acquittal of all 36 counts, vindicating his client and saving his client from a potential maximum of 25 years in jail. Todd has won on every single count of all 12 of the federal trials in which he has served as lead chair.

Previously, Todd served for more than five years as an Assistant US Attorney and Deputy Chief for the US Attorney’s Office for the Eastern District of New York and as an Assistant District Attorney for the New York County District Attorney’s Office. In 2003, the DOJ recognized Todd’s outstanding trial work in a racketeering case with the Director’s Award for Superior Performance by an Assistant US Attorney. He has handled complex and high-profile matters involving federal and state crimes, including insider trading, securities violations, sanctions violations, racketeering, conspiracy, money laundering, bank fraud, mortgage fraud, export control violations, tax fraud, bankruptcy fraud, bribery, environmental crimes, terrorist financing, mail and wire fraud, health care fraud, obstruction of justice, false statements, murder and public corruption.

From January 2011 to October 2012, Todd served as chief counsel of the Energy & Commerce Committee of the US House of Representatives, where he was responsible for oversight and investigations covering the energy, health care, telecommunications and environmental sectors. He oversaw complex investigations of private-sector companies and government agencies, including the US Department of Energy, the Federal Trade Commission, the US Commodity Futures Trading Commission, the US Department of Commerce, the US Department of Health and Human Services, the US Food and Drug Administration, the US Environmental Protection Agency, the Federal Communications Commission, the Federal Energy Regulatory Commission, the Consumer Products Safety Commission and the Nuclear Regulatory Commission.

Todd is also a member of our legal cannabis industry group. Our Cannabis Industry group is a multidisciplinary team of lawyers providing clients with regulatory, litigation, intellectual property, trade and tax services with respect to their investments and participation in the cannabis industry, all subject to the Firm’s obligations under federal and state laws and bar licensure rules.

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• Representing a leading cryptocurrency company in DOJ, SEC, FTC, and Treasury Department investigations
• Representing a leading cryptocurrency company relating to an investigation regarding customer funds
• Representing numerous leading cryptocurrency companies in relation to regulatory investigations and subpoena responses
• Representing a high-ranking executive of a national oil services company in an investigation of alleged violations of the Foreign Practice Act (FCPA) by the DOJ
• Won the complete dismissal of a multimillion dollar False Claims Act lawsuit filed against one of the world’s largest beverage companies
• Represented one of the world’s largest banks in a False Claims Act investigation; convinced the government to drop the investigation
• Represented one of Korea’s largest banks in an Anti-Money Laundering investigation by the New York Department of Financial Services
• Represented a private equity fund in relation to an investigation by the New York State Attorney General’s Office into allegations of fraud/kickbacks, convinced the government not to file charges
• Represented a large public real estate financing company in a state attorney general’s investigation regarding allegations of “pay to play” fraud, convinced the government not to file charges
• Represented an international financial services company in an SEC enforcement action regarding allegations of securities fraud, no charges/complaints filed
• Represented an international bank in relation to allegations of money laundering, no charges were filed
• Representing the CEO of an international bank in a money-laundering investigation
• Represented a bond trader at a large, international bank in relation to investigations by the DOJ, the CFTC and the SEC regarding alleged rate manipulation, convinced the government not to file charges
• Represented an energy company in a False Claims Act investigation conducted jointly by the US Treasury Department Inspector General and a US Attorney’s Office, convinced the government that there were no violations of the False Claims Act
• Represented a major insurance company regarding allegations of fraud
• Represented an insurance company in a criminal fraud investigation conducted by the US Attorney’s Office for the Southern District of New York, convinced the government not to file charges
• Representing a large international family-run business in relation to tax investigation by the IRS and DOJ relating to off-shore accounts
• Represented several high-ranking executives of an international bank in relation to an international tax investigation by the DOJ, no charges filed
• Represented numerous executives of a large international company in relation to a corporate tax evasion investigation by the Internal Revenue Service, no charges filed
• Represented a global supply company in a fraud investigation conducted by the Chinese government
• Represented multiple art dealerships in a False Claims Act investigation by the New York State Attorney General and the New York State Department of Taxation and Finance, convinced the government that there were no violations of the False Claims Act
• Represented an international trade association in relation to several parallel investigations (by the US Congress, the DOJ and the Office of the Inspector General) into alleged export control violations, convinced the government entities not to file charges or hold hearings
• Represented the CEO of an energy company in an investigation by the New York State Attorney General’s Office alleging a multimillion-dollar accounting fraud
• Represented several hedge fund portfolio managers in relation to an SEC investigation regarding allegations of insider trading, convinced the SEC not to file any charges/complaints
• Represented the CEO of an apparel company in a market-timing investigation conducted by the SEC and the New York County District Attorney’s Office
• Represented multiple executives of construction companies in a widespread fraud investigation by the US Attorney’s Office for the Eastern District of New York, convinced the government not to file charges
• Represented several major beverage companies in internal investigations and related tax investigations by the Department of the Treasury
• Represented a major financial services company in negotiations with the US Treasury Department regarding tax issue
• Represented an international bank in relation to asset forfeiture proceedings in the Southern District of New York and other jurisdictions around the world
• Represented a former high-ranking investment banking executive of one of the world’s largest banks in an investigation by FINRA, convinced FINRA to drop charges/complaint
• Represented a mortgage brokerage in several mortgage fraud investigations conducted by the US Attorney’s Office for the District of New Jersey and the New Jersey State Attorney General’s Office, as well as numerous related civil actions, convinced the government agencies not to file charges
• Represented a technology company in an internal investigation in the US and China regarding theft of trade secrets
• Represented numerous brokers, traders and investors in relation to SEC and FINRA actions, successfully convinced the government agencies not to file charges/complaints in all matters
• Represented a large national financial services company in a mortgage fraud investigation conducted by a New York State investigative agency
• Represented an officer of a joint city/state land development concern in a fraud/bribery investigation conducted by the Manhattan District Attorney’s Office, convinced the government not to file charges
• Represented an insurance company in an investigation conducted by the New York State Insurance Department regarding numerous licensing and regulatory issues
• Represented a dry-dock company in an environmental crimes investigation conducted by the New Jersey State Attorney General’s Office and the New Jersey Department of Environmental Protection, no charges filed
• Represented an employee of a broker-dealer in an investigation by FINRA into allegations of fraud related to “soft dollars” collected by the broker-dealer
• Represented a large automaker in a civil lawsuit regarding allegations of civil Racketeer Influence and Corrupt Organizations (RICO) and violations of various environmental statutes and regulations
• Represented a financial advisory company regarding securities fraud issues
• Represented a hospital group in relation to billing issues
• Represented an investment bank in civil litigation regarding the enforcement of a services contract

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• US Department of Justice, Director’s Award for Superior Performance by an Assistant US Attorney 2003, for outstanding trial work in a racketeering case

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