Professional Experience
James R. DeVita focuses on white-collar criminal defense matters, as well as complex civil and commercial litigation. He represents corporations and individuals in federal and state criminal investigations related to various forms of alleged business fraud and improper conduct. He also defends and prosecutes civil litigation, and represents clients in connection with regulatory investigations and proceedings, including those conducted by the Securities and Exchange Commission, the New York Stock Exchange, the National Association of Securities Dealers, and the Federal Reserve.
Earlier in his career, Mr. DeVita was an assistant U.S. attorney for the Southern District of New York. He was the lead prosecutor in the 1989 tax evasion trial of Leona Helmsley. He was also part of the trial team in the case that led to the conviction of Sun Myung Moon for conspiracy and filing false tax returns.
James DeVita has represented individuals and companies in a broad range of criminal cases and investigations including:
· A former partner in the accounting firm of KPMG, in what has been described as the largest criminal tax fraud case ever brought, relating to allegedly abusive tax shelter programs marketed by KPMG; the dismissal of that indictment was affirmed by the United States Court of Appeals for the Second Circuit, and the Government decided against seeking certiorari to the Supreme Court.
· A chief executive officer of an international conglomerate in a prosecution for larceny and securities fraud in New York State court.
· An international hospitality company in an internal investigation of its purchasing department.
· Two executives of a major British bank in connection with a joint investigation by the United States Department of Justice and the New York County District Attorney's Office relating to international dollar payments.
· The general counsel of a public United Kingdom company in connection with a Foreign Corrupt Practices Act investigation by the United States Department of Justice.
· The chief executive of a mezzanine mortgage and corporate lending enterprise in connection with federal and state investigations of proposed transactions.
· Numerous individuals in connection with investigations of alleged income tax evasion, including investment bankers, attorneys, accountants and business executives; various individuals at trial on charges of tax fraud.
· Numerous securities brokers, including brokers on the floor of the NYSE, in criminal, SEC and NYSE investigations relating to a wide variety of allegedly illegal or improper practices, including insider trading, market manipulation, customer abuse, churning and unauthorized trading.
Mr. DeVita has represented a broad range of clients in civil cases including:
· A major national bank in a class action arising from the acquisition of another bank.
· A major international hotel operator in connection with litigation relating to the operation and sale of a resort property in Orlando, Florida.
· A clothing and garment manufacturer in a civil RICO action.
· Issuers, underwriters and broker/dealers in private damage actions under the federal securities laws.
News, Publications & Presentations
· Featured, "Seventy-two Day Pitney Lawyers Named to Best Lawyers List for 2012," Day Pitney Press Release, October 4, 2011
· Featured, "Ex-SAC Capital Manager Set to Plead Guilty," Wall Street Journal, April 28, 2011
· Quoted, "Galleon Jurors Review More Taped Phone Calls," New York Times, April 27, 2011
· Quoted, "Rajaratnam's Biggest Bet Yet," Wall Street Journal, March 7, 2011
· Featured, "Fifty-seven Day Pitney Attorneys Recognized as Super Lawyers; Six Additional Lawyers Recognized as 'Rising Stars'," Day Pitney Press Release, November 12, 2010
Professional Affiliations
· Association of the Bar of the City of New York
· New York State Bar Association
· Federal Bar Council
· New York Council of Defense Lawyers
Awards and Achievements
· Recognized as a New York Super Lawyer, 2007-2010
· Chosen for inclusion in The Best Lawyers in America, 2010-2012
· AV Rated, Martindale Hubbell