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Jerrob Duffy represents clients facing white collar investigations and regulatory enforcement, counsels clients on corporate compliance and risk assessment, and handles complex civil litigation. Jerrob’s deep experience in these areas and courtroom skills, honed during his many years as a federal white collar prosecutor, allow him to provide a critical perspective to domestic and international entities and individuals facing government scrutiny. Jerrob has particular expertise in matters involving Foreign Corrupt Practices Act (FCPA), securities and commodities enforcement, and international money laundering and financial crimes investigations. Jerrob is a seasoned litigator, having tried more than 20 cases before a jury, including 15 of those as lead trial counsel.
As the former Chief of the Litigation Unit of the US Department of Justice Criminal Division, Fraud Section, Jerrob supervised complex, multi-district litigation, including numerous noteworthy trial and appellate matters. In this capacity, and previously as an Assistant US Attorney focused on white collar crimes, he supervised and prosecuted a range of cases involving foreign bribery and corruption, securities and commodities violations, financial institution fraud, accounting fraud, money laundering, and decentralized finance and crypto-related violations, often working in parallel with regulators at the US Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Financial Crimes Enforcement Network Bureau of the US Department of the Treasury (FinCEN), and other agencies.
As a federal prosecutor and supervisor, Jerrob has also evaluated compliance programs of publicly traded companies, including remediation efforts when companies have engaged in alleged violations of the securities and commodities laws.
Prior to leading the Litigation Unit of the US Department of Justice Criminal Division, Fraud Section, Jerrob created and led the section’s Special Matters Unit (SMU). Under his leadership, the unit devised new strategies for handling privilege litigation in white collar investigations and charged cases, successfully employing privilege litigation strategies in dozens of criminal cases across the country. Jerrob's expertise with privilege and legal ethics issues also includes serving as professional responsibility officer in the Fraud Section.
After serving as a law clerk to US District Judge Joan A. Lenard in the Southern District of Florida, Jerrob began his legal career in private practice, focusing on white collar and commercial litigation in New York and, later, internationally.
FCPA and Corruption
- Lead prosecutor in FCPA prosecution involving anti-competitive conduct in the telecom business in Eastern Europe, leading to a USD $95 million corporate settlement. He led complex foreign evidence collection in five countries, including Switzerland, Hungary, and the United Kingdom. The case established the notable precedent that minimal use of US email accounts by persons located overseas is alone sufficient to invoke the interstate commerce prong of FCPA.
- Sole prosecutor of an FCPA matter involving bribery by an Argentine oil services company, resulting in substantial criminal resolution by non-prosecution agreement. The parallel US Securities and Exchange Commission (SEC) matter resulted in the agency’s first-ever use of a deferred prosecution agreement.
- Led an FCPA investigation of a large, US-based technology company engaged in alleged bribery on multiple continents.
- Lead counsel for litigation involving efforts by third parties to set aside a US$2.5 billion corporate resolution involving a multinational aerospace company.
Securities Enforcement
- Lead counsel for investigation and prosecution of a US$287 million securities fraud scheme involving nearly 3,400 investors.
- Lead trial counsel in three separate trials involving a US$300 million securities fraud and fraudulent SEC registrations related to property acquisition and investment in Florida.
- Lead trial counsel in a six-week trial of a US-based investment sales company’s executives, who perpetrated a US$750 million securities fraud. Convictions for securities fraud, obstruction, and money laundering were obtained.
- Lead trial counsel in a securities fraud trial of a lawyer engaged in fraudulent share registrations and classifications, as well as false certifications of SEC filings by lawyers and accountants engaged in false representations pursuant to Rule 144 of the Securities Act of 1933.
- Sole criminal prosecutor who worked with the SEC’s Microcap Fraud Task Force in a multi-year effort to criminally prosecute industry professionals dealing in fraudulent share registrations and unlawful sales of restricted shares and manipulative trading for more than 30 issuers.
- Lead counsel for securities enforcement action involving a securities broker-dealer engaged in insider trading and unlawful share transfers.
Commodities Enforcement
- Lead counsel for commodities price manipulation investigation related to the North American propane futures market, including corporate prosecution resulting in US$303 million criminal and parallel Commodities Futures Trading Commission (CFTC) settlement for commodities offenses.
- Led commodities price manipulation investigation related to high-speed options trading by a prominent hedge fund, including a “marking the close” trading scheme. He worked closely with the CFTC in a parallel civil investigation that resulted in a criminal resolution and a separate CFTC enforcement action.
Education
- University of North Carolina Chapel Hill School of Law, J.D., 1996
- Princeton University, School of Public and International Affairs, M.P.A., 1996
- University of Cape Town, School of Law, L.L.M., 1998
- North Carolina State University, B.A., 1992
Admissions
- California, 2013
- New York, 1997
Languages
- English
- Spanish
- Co-author (with John Kosmidis), “Crime-fraud Litigation in White-collar Prosecutions”, Department of Justice Journal of Federal Law and Practice (Issue on Combating White-collar Crime and Fraud), December 2022.
- Panelist, “Examining the Complexities of Protecting the Privilege in Internal and Government Investigations,” National Institute on White-Collar Crime Conference, American Bar Association (ABA), March 2022.
- Panelist, “Enforcement Trends and Challenges in Cross-Border Parallel Proceedings,” UK Serious Fraud Office/Financial Conduct Authority Conference, US Department of Justice Criminal Division, May 2022.
- Panelist, “Emerging Payments and Cryptocurrency in the Casino Industry”, Annual Bank Secrecy Act/Anti-money Laundering (BSA/AML) Gaming Conference, October 2022.