- Securities Enforcement and Compliance
- Internal Investigations
- Compliance and Internal Controls
- Banking and Financial Services Regulation
- Corporate Governance and Investigations
- Foreign Corrupt Practices Act and Anti-Corruption
- Investigations and White Collar Defense
- Anti-Money Laundering
|University ||St. John's University, B.S., magna cum laude, 1988|
|Law School||University of Pennsylvania Law School, J.D., 1991|
|Admitted||1992, New York; 1993, District of Columbia|
|Born||New York, NY, 1966|
Michael J. Rivera chairs Venable's Securities Enforcement and Compliance Practice.
Mr. Rivera defends businesses and individuals involved in government investigations and enforcement proceedings and counsels clients in the areas of corporate and securities compliance and regulation. Mr. Rivera was a partner at a major international law firm for 17 years (1993-2010) where he represented companies and financial institutions (including public companies, broker-dealers, investment advisers, hedge funds, private equity firms and accounting firms) and individuals (including securities professionals, executives, officers, directors, lawyers and accountants) in connection with investigations by the Securities and Exchange Commission and numerous other government agencies. He also conducted internal investigations for clients and counseled them on corporate and securities law issues and compliance matters.
From 2011 to 2013, Mr. Rivera served as Chief Investigative Counsel for the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), where he oversaw the financial relief programs implemented under the Troubled Asset Relief Program (TARP). At SIGTARP, Mr. Rivera led a premier white collar fraud unit, composed of highly experienced federal prosecutors and law enforcement agents, that investigated and prosecuted complex bank, securities and mortgage frauds relating to TARP. Mr. Rivera also served as SIGTARP's lead liaison to top management of law enforcement agencies, federal prosecutor offices, securities and bank regulators, as well as to President Obama's Financial Fraud Enforcement Task Force (FFETF). In addition, Mr. Rivera established SIGTARP's joint task force with the Consumer Financial Protection Bureau (CFPB) and supervised investigations conducted jointly by SIGTARP and the CFPB.
Mr. Rivera began his legal career as a staff attorney in the Enforcement Division of the Securities and Exchange Commission where he conducted investigations into insider trading, disclosure and reporting violations, fraudulent securities transactions and other violations of the federal securities laws.
· Represented a major investment banking firm in connection with regulatory investigations and compliance counseling relating to auction rate securities.
· Represented a major investment banking firm in connection with compliance counseling relating to auction rate securities.
· Represented a major investment banking firm in a New York Stock Exchange (NYSE) investigation relating to IPO allocation practices and prospectus delivery practices.
· Represented a major investment banking firm in an NYSE investigation relating to prospectus delivery practices.
· Represented a public company Chief Financial Officer and Investor Relations Officer in an SEC investigation and subsequent SEC civil action in federal district court alleging false disclosures and accounting improprieties.
· Represented a public company treasurer in a corporate internal investigation, an SEC investigation and private class action lawsuit involving accounting practices.
· Represented a public company Chief Executive Officer in an insider trading investigation.
· Represented a private investor in an SEC insider trading investigation.
· Represented a hedge fund in an SEC investigation into front running and improper sharing of trading and portfolio information.
· Represented a hedge fund in an SEC investigation into the illegal dissemination of false rumors about issuers.
· Represented a hedge fund in an SEC investigation into short selling.
· Represented a hedge fund in SEC investigations into insider trading.
· Represented a hedge fund in SEC investigation into trading with respect to public investment in private equity (PIPE) transactions.
· Represented an offshore investment group in dealing with SEC civil action and a court-appointed Receiver seeking the return of investor funds.
· Represented General Counsel of an asset management firm in an SEC investigation into compliance practices relating to the allocation of trades between proprietary and client accounts.
· Represented portfolio managers in an SEC investigation alleging the sale of unregistered securities and fraudulent securities transactions.
· Represented a real estate company in connection with an SEC investigation into the sale of unregistered securities.
· Represented a major accounting firm in an SEC investigation involving accounting for special purpose entity transactions.
· Represented a major accounting firm in investigations by the SEC, AICPA and several state accounting regulators involving auditor independence requirements.
· Represented a major accounting firm and firm partners in connection with depositions and third-party discovery requests in connection with an SEC civil fraud suit alleging earnings manipulation by a public company.
· Represented senior management of a large public technology company in an internal review of potential leaks of confidential earnings information and in the development of procedures for properly protecting such information.
· Represented a financial services firm in an SEC investigation focused on variable annuity sales practices.
· Represented an insurance company in connection with mutual fund inquiries by a U.S. Attorney, Massachusetts Securities Division, and the New York attorney general (relating to market timing and late trading), the SEC (regarding directed brokerage and 12b-1 fees) and NASD Regulation (regarding mutual fund sales promotions and market timing).
Consumer Financial Protection Bureau Task Force
Chief Investigative Counsel, Investigations Division, Special Inspector General for the Troubled Asset Relief Program
Staff Attorney, Division of Enforcement, U.S. Securities and Exchange Commission
Documents by this lawyer on Martindale.com
Bad Actors: Snubbed at Golden Globes, But Awarded Guidance from SEC
Parker B. Morrill,Michael J. Rivera, January 17, 2014
Bad actors received no accolades at last night’s Golden Globe Awards. However, persons designated as "bad actors" under the federal securities laws are very much in the SEC’s limelight. On December 4, 2013 and January 3, 2014, the SEC issued guidance on the provisions that...
No Bar Is Off-Limits: SEC Enforces 2004 Order Barring Accountant - Redux
Joanna P. Breslow Boyd,Hillary S. Profita,Michael J. Rivera, January 7, 2014
For the second time in recent months, the Securities and Exchange Commission (SEC) has sought to enforce an aging SEC order suspending an accountant and to disgorge multiple years of the accountant’s compensation. A federal court last month handed the SEC a victory in the first of these...
SEC Sheds Light on Its Pursuit of "Streamlined" Investigations
Hillary S. Profita,Michael J. Rivera, November 7, 2013
Securities market participants and their counsel have fretted recently over the Securities and Exchange Commission’s (the Commission) new aggressive enforcement initiatives. In particular, in several recent speeches, Chairwoman Mary Jo White has warned that she intends for the Commission to...
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