Christopher J. Clark

Christopher J. Clark

Christopher Clark is a partner in the Litigation Group and co-head of the firm's White Collar Defense and Regulatory Investigation Group.

Prior to joining Dewey & LeBoeuf in 2005, Mr. Clark was an Assistant U.S. Attorney in the U.S. Attorney's Office in the Southern District of New York for six years, where he was a member of the Securities and Commodities Fraud Task Force. During his tenure at the U.S. Attorney's Office, he conducted nine federal criminal trials as lead or co-lead counsel, including, most recently, United States v. John J. Rigas, et al. in which both the former CEO and former CFO of Adelphia Communications Corporation were convicted of numerous securities and bank fraud charges. Mr. Clark's other trials include the successful securities fraud prosecution of the former CEO of a public healthcare corporation (United States v. Arthur Wheeler), and the successful prosecution of two Certified Public Accountants for agreeing to provide fraudulent audit opinions (United States v. Downing (Ward and Drucker)). He has also delivered over 20 oral arguments before the United States Court of Appeals for the Second Circuit. Mr. Clark clerked for the Honorable Joseph M. McLaughlin, U.S. Court of Appeals for the Second Circuit and the Honorable Lewis A. Kaplan, United States District Court, Southern District of New York, after graduating from law school

Representative Matters

· S.E.C. v. Mark Cuban., represented Mark Cuban in connection with allegation that Mr. Cuban committed insider trading. Obtained first of its kind decision dismissing S.E.C.'s Complaint in its entirety.

· S.E.C. v. Gryphon Partners, L.P., representation of hedge fund in contested enforcement proceeding regarding the trading of PIPEs. Won landmark motion to dismiss SEC allegations regarding violations of Section 5 of the Securities Act of 1933.

· Represented a major appraisal management in New York Attorney General's Office investigation of the appraisal management industry. No action was taken against client appraisal management company.

· Represented Fortune 500 insurance company after receipt of target letter from the United States Department of Justice. Successfully negotiated for no action to be taken against target company.

· Representation of major information services provider in connection with DOJ FCPA investigation. No action taken by DOJ against client company.

· Health Care Regulatory Investigations, Assisted Federal Monitor in addressing multiple regulatory inquiries relating to activities of major American pharmaceutical company;

· Certain Loss Mitigation Products (2005), Lead counsel in investigation of numerous transactions in the worldwide reinsurance industry;

· United States v. John J. Rigas, et al. (2002-2005). Co-lead counsel in investigation and trial of one of the largest securities frauds in history, with losses in the tens of billions of dollars. Involvement concerned all three main aspects of the Adelphia case: (1) criminal investigation and trial; (2) bankruptcy matters; and (3) civil settlement;

· In the criminal investigation, oversaw the conduct of scores of witness interviews and constructed investigative plan that led to charges in one of the shortest periods ever for a case of this magnitude. Co-lead counsel at 16-week criminal trial. Presented the majority of the Government's trial witnesses, including Government's main cooperating witness, who was on the stand for the entire month of May 2004. Presented Government's summation to the jury;

· In bankruptcy court, handled numerous matters on behalf of the Government, including discovery stay litigation and Section 9019 motion seeking approval of a settlement of potential charges against Adelphia;

· Helped manage and negotiate landmark tri-party civil settlement with Adelphia and Rigas Family. Settlement resulted in $750 million for victims of Adelphia fraud. Settlement structure involved the compromise of several civil suits and class actions, and required the approval of numerous parties with disparate interests. Successfully defended settlements against two emergency mandamus petitions before the Second Circuit. See In re Huff Asset Management, 409 F.3d 555 (2d Cir. 2005);

· United States v. Arthur Wheeler (2002). Lead counsel in prosecution of CEO of American Healthcare Providers, Inc. for distribution of false press releases in connection with a scheme to manipulate the public market for the company's stock. Two-week trial resulted in the conviction of the CEO Also obtained guilty pleas from CEO's three accomplices in the scheme;

· United States v. Peter Chabot (2000). Co-lead counsel in investigation and prosecution of hedge fund manager who, due to losses and misappropriation, lost all of the fund's principal and attempted to flee to Brazil. Successfully tracked defendant and apprehended him during flight. Identified assets available for forfeiture and oversaw civil process to perfect that forfeiture;

· United States v. Glenn B. Laken, et al. (2000). Lead counsel in prosecution of six individuals in connection with a plan to manipulate the market for a public security through false information and rigged trades; and

· United States v. Samuel Ward, et ano. (2000). Lead counsel in prosecution and trial of two CPAs for securities fraud in connection with their agreement to provide sham certified audits to public companies. Jury trial resulted in the conviction of the defendant-CPAs, their imprisonment and the loss of their licenses.

Selected Activities

· Faculty Member and Panelist, PLI Securities Litigation and Enforcement Institute, San Francisco, CA, September 2006

· Speaker, United States Postal Inspection Service, Advanced Fraud Training, Washington, D.C., April 6, 2005 and San Francisco, CA, July 27, 2005

· Speaker, Corporate Fraud Working Group, Recent Developments in Asset Forfeiture, Denver, CO, February 3, 2005

· Speaker, Department of Justice - Financial Fraud Conference, Financial Fraud Investigative Tools, New York, NY, August 21, 2004

Selected Media Coverage

· "Mark Cuban Scores in SEC Case," Wall Street Journal (July 18, 2009) (quoting Clark regarding Judge's opinion).

· "Big Suits SEC v. Adelphia," American Lawyer (July 2005).

· "Adelphia Founder Sentenced to 15 Years, Son Given 20," New York Law Journal, Tuesday (June 21, 2005).

· "Adelphia Creditors Seek Settlement Reversal," The Wall Street Journal (June 7, 2005).

· "How Marathon Talks Split Adelphia Assets," The Legal Intelligencer (June 17, 2005).

· "Adelphia Trial Nears Finish Line," The Wall Street Journal (June 23, 2004).

· "Greed Destroyed Adelphia, Prosecutor Says in Summary," The New York Times (June 17, 2004).

· "Prosecution Wraps Up Adelphia," Trial The Wall Street Journal (June 17, 2004).

· "Rigas Downplayed Pay, Witness Says," The Wall Street Journal (May 11, 2004).

· "A White-Collar Criminal Adds Conviction No. 7 to His Record," The New York Times (March 13, 2002) Market Place (Floyd Norris).