Robert D. Rose is a partner in the firm's San Diego office and specializes in white collar criminal defense and trials of complex business litigation, in the state and federal courts.
Areas of Practice
Mr. Rose was a federal prosecutor for twelve years, followed by the last twenty-seven years as a defense attorney. He has prosecuted organized crime figures, utilizing electronic surveillance, informants, witness protection and grand juries. He has tried cases as a cross-designated Deputy District Attorney. He convicted J. David Dominelli, responsible for an $80 million Ponzi scheme involving international arbitrage and bankruptcy fraud. As a defense attorney, he represents clients with criminal and civil exposure from governmental inquiries. He defended Gary Naiman, the president of Pioneer Mortgage, a $200 million Ponzi scheme involving collateralized mortgage pools.
Mr. Rose represents targets, witnesses, stock issuers, and professionals in pre-filing investigations conducted by securities regulators, as well as in filed actions. He has defended: corporate officers charged with accounting fraud; options backdating and insider trading; issuers engaged in real estate promotion; a law firm whose clients sold commodities contracts; telemarketers selling unregistered securities; a registered representative selling variable annuities from an insurance agency; an insurance company selling unregistered securities; the directors of a conglomerate, sued for breaches of fiduciary duty in a hostile takeover by a publicly traded corporation; accountants and lawyers accused of making misrepresentations.
He has served as counsel and a panelist in FINRA arbitrations.
Mr. Rose regularly appears in federal and state courts in a variety of matters, often involving fraud allegations. He is expert in RICO prosecution and defense, both civil and criminal. His clients have included individuals and businesses named in qui tam suits and FDIC actions. He has successfully defended claims of libel, defamation, breaches of fiduciary duties, unfair business practices and professional negligence.
Regulatory and Investigative Advice
Part of Mr. Rose's practice stresses avoidance and prevention of criminal conduct within corporations. He advises and represents clients experiencing grand jury subpoenas, search warrants and Civil Investigative Demands. He also conducts internal investigations on behalf of corporations suspected of improper conduct, such as FCPA, illegal stock options, conflicts of interest and misstatements of scientific advances.
Mr. Rose counsels companies with the questions that directors and management should be asking to assure the best protection for customer information, financial data, trade secrets, customer lists, etc., that are vulnerable to hacking from outside and misappropriation from within. He works with businesses which have suffered from data breaches that must be repaired, losses that must be mitigated and the civil and criminal exposures.
Mr. Rose has represented a university ER physician targeted for VA program fraud; an organ transplant surgeon targeted in a DOJ investigation of UNOS reporting deficiencies; a psychologist facing license loss based on improper patient contacts; a methadone clinic owner being investigated for fraud; surgeons needed as witnesses in an investigation of a manufacturer's misrepresentations of off-label use.
Class Actions and Derivative Suits
Mr. Rose has significant experience in a variety of class actions involving securities and employment issues. He represented former executives of a publicly traded computer manufacturer in consolidated class actions arising from restatements of earnings and insurance company executives sued for investment losses.
Mr. Rose represented the key witness and co-defendant in the prosecution of Las Vegas and San Diego elected officials for accepting money to protect his strip club businesses. He successfully defended a municipal union leader serving on San Diego's employer retirement board, charged with conflict of interest for his role on a city contribution measure.
•AV rating from Martindale Hubbell
•Best Lawyers in America, 2006-2014
•Southern California Super Lawyer, 2007-2014
•San Diego's Top Attorneys, San Diego Magazine, 2007-2008, 2012-2013
•Voted one of San Diego's top white collar defense lawyers, San Diego Magazine, 2007-2008
•Voted Top Ten Criminal Defense Lawyers, San Diego Daily Transcript, 2005
•Outstanding Trial Lawyer, Consumer Attorneys of San Diego, 1998
•Special Achievement Award, United States Department of Justice, 1985
•Honors Program, United States Department of Justice, 1974
•Regents Scholar, U.C.L.A., 1967-1971