Michael J. Rivera

Broker-Dealer and Financial Services Firm Representation

• Represented $8 billion bank in multi-year SIGTARP investigation into bank fraud and violations of TARP.
• Represented regional brokerage firm in connection with SEC OCIE examination and deficiency letter relating to anti-money laundering program.
• Represented two major investment banking firms in regulatory investigations and compliance counseling relating to auction rate securities.
• Represented major publishing company in SEC investigation into the lawfulness of publications discussing a public company.
• Represented major investment banking firm in NYSE investigation relating to IPO allocation practices and prospectus delivery practices.
• Represented insurance company in connection with mutual fund inquiries by a U.S. Attorney, SEC, FINRA, the Massachusetts Securities Division, and the New York Attorney General relating to market timing and late trading, directed brokerage, 12b-1 fees and mutual fund sales promotions.
• Represented real estate company in connection with SEC investigation into the sale of unregistered securities.
• Represented financial services firm in SEC investigation focused on variable annuity sales practices.

Investment Advisor/Hedge Fund Representation

• Represented party in SEC investigation into the allocation of expenses by a private equity fund and conflict disclosures.
• Represented hedge fund in SEC investigation into front running and improper sharing of trading data and portfolio information.
• Represented hedge fund in SEC investigation into trading with respect to public investment in private equity (PIPE) transactions.
• Represented hedge fund in SEC investigation into the illegal dissemination of false rumors about issuers.
• Represented hedge fund in SEC investigation into short selling.
• Represented offshore investment group in dealing with SEC civil action and a court-appointed receiver seeking the return of investor funds.
• Represented multiple hedge funds in SEC insider trading investigations.

Representation of Securities Professionals, Executives and Lawyers

• Represented the head of the mortgage-backed securities trading desk at a major investment banking firm in connection with internal investigation and regulatory investigations (DOJ, SEC, FINRA) into mortgage-backed securities trades.
• Represented both the chief executive officer and the president of a major manufacturing company in connection with an internal investigation and multiple government investigations (DOJ, SEC, IRS) relating to FCPA and tax issues.
• Represented compliance officer of major investment banking firm in connection with FINRA investigation relating to purchases of mutual fund class shares subject to 12b-1 fees.
• Represented owner of research and consulting firm in DOJ and SEC investigations and criminal trial relating to the use of “political intelligence” by investment firms.
• Represented head of information technology for a federal government agency in Congressional investigation.
• Represented chief financial officer of Mexican company in SEC accounting fraud investigation.
• Represented AML compliance officer in connection with FINRA investigation into the adequacy of an investment banking firm’s AML program.
• Represented seven Russian nationals, in their capacity as employees of a Russian subsidiary of a major American technology company, in DOJ and SEC investigations into potential FCPA violations.
• Represented public company treasurer in corporate internal investigation, an SEC investigation, and private class action lawsuit involving accounting practices.
• Represented multiple public company senior executives in SEC insider trading investigations.
• Represented general counsel of an asset management firm in SEC investigation into compliance practices relating to the allocation of trades between proprietary and client accounts.
• Represented a law firm in lawsuit filed by SEC alleging securities fraud and failure to register securities.

Internal Investigations

• Conducted internal investigation for board of directors of a farm credit bank into certain personnel issues.
• Conducted internal investigation at direction of senior management of Big Four accounting firm into the activities of a subsidiary and its employees.
• Conducted internal investigation for general counsel’s office of major investment bank into the conduct of members of a securities trading desk.
• Advised senior management of large public technology company in conducting internal investigation of leaks of confidential earnings information and in the development of procedures for protecting such information.

Financial Fraud and Accounting Cases

• Represented Big Four accounting firm in investigations by the SEC, AICPA, and several state accounting regulators involving auditor independence requirements.
• Represented Big Four accounting firm in SEC investigation involving accounting for special purpose entity transactions.
• Represented Big Four accounting firm and firm partners in connection with depositions and third party discovery requests in SEC civil fraud suit alleging earnings manipulation by a public company.
• Represented chief financial officer and investor relations officer in SEC investigation and SEC federal district court lawsuit alleging false corporate disclosures and accounting improprieties.

Compliance Counseling

• Counseled regional brokerage firm regarding enhancements to its anti-money laundering procedures.
• Drafted trading desk manuals and supervisory procedures for major investment banks.
• Drafted and advised clients on policies and procedures relating to insider trading, anti-bribery and corruption and other compliance issues.