Eric Rosen: White-Collar Defense Attorney

Defending John Rybarczyk, aka “Ultra Calls,” a prominent Twitter influencer, who was arrested and charged with securities fraud together with seven others as part of the landmark “Atlas Trading” case. Seizing on the recent Supreme Court decision in Ciminelli v. United States, Eric succeeded in securing the dismissal of the Indictment on the eve-of-trial on behalf of both his own client as well as all the other defendants. The briefing and analysis that resulted in this rare event is detailed here. Eric is currently representing Mr. Rybarczyk before the Fifth Circuit Court of Appeals.

Defended a prominent doctor in health care fraud investigation by the FBI and Department of Justice in the District of Massachusetts. When Eric, a prominent Boston white-collar defense attorney, took over the case from prior counsel, the DOJ threatened to arrest the doctor the next week for charges related to the distribution of Schedule II controlled substances and health care fraud. Eric and his team fought back against the government, churning through tens of thousands of documents in the first week alone to create compelling presentations outlining the doctor’s innocence, and ultimately convinced DOJ to decline to press all charges - even forgoing civil sanctions.

Defending Steve Gallagher in first-of-its kind parallel investigation and charges brought by the Securities and Exchange Commission and the Department of Justice (Southern District of New York) alleging “scalping” as part of a “pump and dump” securities fraud scheme orchestrated over Twitter by an influencer using the screen name “Alex DeLarge.” Although client faced multiple years in prison after his arrest based on a charged loss amount of $1.2 million, Eric and his team ultimately achieved a “no jail” sentence for client in the criminal case (6 months) after convincing the government to drop nearly all the charges and adjust the loss amount down to just $21,000, a decrease of 98%. The parallel SEC remains ongoing in the Southern District of New York.

Defending prominent European banker in novel money laundering and FCPA case related to the DOJ’s sprawling Odebrecht investigation. Despite being threatened with nearly 20 years in prison upon his arrest at Newark Airport in the spring of 2021, Eric and his team convinced the DOJ to reduce the charges significantly, and ultimately, the individual pled guilty to a 371 conspiracy charge and was allowed to travel abroad prior to sentencing (which has not been scheduled).

Defending individual in District of Massachusetts investigation related to PPP-fraud. The DOJ accused Eric’s client of running a large-scale “middleman” operation related to the distribution of fake masks and PPP during the pandemic, as well as price gouging. Eric’s client was supposed to be arrested within weeks, after being represented by other counsel for more than a year. Eric took over the case two years ago in anticipation of taking the case to trial, but the DOJ still has not brought charges due to Eric’s zealous advocacy on behalf of his client.

Defending uncharged co-conspirator in recent crypto “market manipulation” takedown in the District of Massachusetts. Given Eric’s expertise in crypto-assets and securities, Eric, a Boston-based white-collar defense attorney, was quickly retained to represent an individual in need of his services in this unique case.

Representing real estate owner in civil securities fraud complaint filed by the Colorado securities commission in state court in Colorado.   The Colorado securities commission, through the Attorney General’s office, filed a complaint against a real estate developer alleging that Eric’s client engaged in fraud amounting to a nearly $2 million loss to investors. After months of aggressive advocacy that pushed back on the Commission’s charges, the Commission relented and ended the case with no fine or monetary penalty and a “no admit no deny” resolution of the allegations.

Defending individual in parallel Department of Justice and Securities and Exchange Commission insider-trading charges in the District of Massachusetts. Eric, a Boston white-collar defense attorney, represented a prominent entrepreneur from the day he was approached by the FBI in June 2021 through the present, with the case now having been transferred to the Southern District of Florida. After the individual dropped out of cooperation with the FBI, the DOJ retaliated and demanded a sentence of 48 months in prison based on multiple million dollar gain. Due to Eric’s zealous advocacy and oral argument at sentencing, Eric ultimately obtained a sentence of 12 months and 1 day in prison, far short of the Government’s demand. Eric’s advocacy and ingenuity at sentencing was deemed by Law360 to be amongst the “Spiciest Quotes Heard in Massachusetts courtrooms” in 2023.

Represented individual in Department of Justice led asset crypto-asset seizure and investigation in the District of Colorado. Mark Shin was accused of stealing more than $10 million in crypto-assets obtained through a bug in the software. Eric successfully convinced the Department of Justice not to bring any charges and ultimately, the case was transferred to local authorities in Colorado, who later dropped the case entirely.

Represented key executive in securities fraud revenue recognition case spearheaded by the DOJ and FBI in the District of Rhode Island, together with the parallel SEC action. Eric represented the individual in numerous proffer sessions in Providence, Rhode Island.

Representing former executive at the bankruptcy crypto company, “Celsius.” Eric successfully convinced the Department of Justice and Securities and Exchange Commission not to charge the executive, and also convinced, in a series of presentations, the executive’s new employer to allow the executive to remain employed after news of the bankruptcy broke. In addition, Eric currently represents the individual in a Celsius-related class action (on the defense) and in Celsius’ bankruptcy proceedings.

Represented senior banking executive in SEC investigation into use of personal devices for work-related business. No action was taken against the executive.

Represented owner of crypto-oriented venture capital fund in testimony before the SEC. No charges were brought against this executive.

Representing the New York City Early Learning Corporation (NYCELC), a large New York-based school system, after its owner was arrested on federal program theft charges. In one of his most difficult, and successful representations, when NYCELC’s owner was arrested on “666” federal charges in January 2023, the school turned to Eric to navigate its future. Multiple agencies, from Head Start to NY’s Administration for Child Services, cut off funding for the school. Through a combination of aggressive litigation and engagement with the regulators, Eric kept the school alive, conducted an internal investigation, responded to a federal grand jury subpoena, and ultimately convinced federal, state and local agencies to restore funding to the school.

Defending multiple individuals in international money laundering investigations brought by Money Laundering and Asset Recovery section and Foreign Corrupt Practices Act section of the Department of Justice.

Representing key witness in national security investigation brought by federal prosecutors in the District of Massachusetts involving export controls related to shipments to China. Eric zealously represents and prepares individuals for testimony and proffer sessions, even when they are not accused of committing any crimes. It is critical to properly and thoroughly prepare before meeting with regulators in order to avoid surprises as the investigation progresses.

Represented agency that administers standardizes tests in civil Department of Justice inquiry related to the Americans with Disabilities Act. The Department of Justice, based out of the Eastern District of Pennsylvania, has launched a nationwide investigation into various standardized testing agencies to ensure that the agencies provide sufficient accommodations to test takers with disabilities.

Representing celebrity marketing executive in federally charged securities fraud case in Cleveland, Ohio based on allegations that the defendant played a minor role in helping to facilitate a “pump and dump” of the stock HIPH. Eric is lead counsel in this alleged pump and dump case that allegedly involved the use of boiler rooms to pump up the price of the stock.

Represented individuals under investigation by the Massachusetts state police. No charges were brought against these individuals.

Representing former real estate executive in parallel Department of Justice and Securities Exchange parallel investigation related to the meltdown of a real estate company. Eric is helping the client navigate the waters when the client is facing investigations by multiple regulators.

Representing large financial institution in Massachusetts Securities Division investigation related to the registration of investment advisors.

Representing individual in FINRA investigation. FINRA is investigating alleged cheating in “continuing education” as it relates to various licenses. Eric is representing this individual in this matter out of Boston and New York.

Represents employee of bio-tech company in qui tam lawsuit in the District of Massachusetts. This case is now being investigated and prosecuted by the Department of Justice.

Eric also has represented numerous clients in one-off investigations and testimony before the Securities and Exchange Commission.