U.S. District Court (Southern and Eastern Districts of New York)
U.S. Court of Appeals for the Second Circuit
Mr. Park is a trial lawyer whose practice focuses on white collar criminal and regulatory defense, related securities class action litigation and other complex litigation. Mr. Park served for ten years as a federal prosecutor in the United States Attorney's Office for the Southern District of New York, where he held various positions, including Senior Trial Counsel in the Securities & Commodities Fraud Task Force, as well as Chief of the Narcotics Unit. As a prosecutor, Mr. Park obtained convictions in each of the many jury trials he handled and was awarded the Attorney General's Award for Distinguished Service. He then spent ten years as a litigation partner at Shearman & Sterling LLP, where he represented individual executives and companies, including commercial and investment banks, three of the Big Four accounting firms, and investment funds and their advisers, in a wide variety of criminal, regulatory and civil matters. Mr. Park was inducted as a Fellow of the American College of Trial Lawyers in 2006.
Since co-founding Park Jensen & Bennett in 2009, Mr. Park has continued to successfully represent both institutional and individual clients in a broad range of criminal, regulatory and civil matters. He has been selected by a Fortune 500 multinational products company as its U.S. National Litigation Counsel in class action and commercial litigation matters. He regularly leads internal investigations and was appointed by multiple City and State agencies to serve as the Integrity Monitor for a major not-for-profit organization.
Mr. Park is consistently listed as an accomplished white collar defense lawyer in the publications Super Lawyers and Chambers Partners.
White Collar Criminal/Regulatory Matters
Over the course of the last 17 years, Mr. Park has successfully represented many clients facing criminal and/or regulatory charges.Representative matters include:
Matters Where Charges Were Avoided Entirely
Client portfolio manager of large hedge fund had been notified that he was the target of an insider trading investigation conducted by U.S. Attorney’s Office (“USAO”) and Securities and Exchange Commission (“SEC”) and that he would be charged imminently.Hedge fund was charged, along with other members of firm, but client was not charged.
Different client portfolio manager of hedge fund had been notified that he was the target of a different insider trading investigation conducted by USAO and SEC and that he would be charged imminently. Other alleged members of conspiracy were charged, but client was not charged.
Client president of company had been told he was the target of USAO’s criminal investigation into illegal facilitation of internet gambling.Client was not charged.
Client former chief operating officer of a CDO management firm had been told charges were being considered against her by SEC in connection with failed CDOs. Firm and principal were charged, but client was not charged.
Client former analyst at multi-national bank that underwrote various CDOs received a Wells notice from SEC indicating that he may be charged with fraud. After presentations to highest levels of the Enforcement Division, SEC persuaded not to seek charges. The bank and other employees of firm were charged.
Client co-head of trading desk in charge of residential mortgage-backed securities at major multi-national bank in connection with multiple SEC and New York Attorney General investigations into causes of financial system failure in 2008.Bank sued, but no action filed against client.
Trials and Other Dispositions
Co-lead trial counsel for individual charged by USAO with violations of U.S. sanctions laws prohibiting trade with Iran.While client convicted on the basis of faulty jury instructions, conviction on principal charges was overturned on appeal.
Co-lead trial counsel for former CFO of technology company accused by USAO in 22 counts of securities and tax fraud arising from alleged accounting improprieties.After six-week trial, jury was hung on all charges.Government was subsequently persuaded to offer client plea to a single tax count involving no jail time.
Lead counsel for engineering manager of a major oil exploration company who was told he was the target of a DOJ criminal investigation into causes of the Gulf Oil spill involving BP. After client’s company entered into guilty plea with government on the basis that client had destroyed documents potentially relevant to government investigation, DOJ notified client of its intent to file felony charges.Mr. Park persuaded government to offer client a misdemeanor charge, and client received no jail time.
Co-lead counsel for former president of company who was arrested on felony charges of insider trading in connection with Imclone stock brought by DOJ. After extensive presentation to government, client received deferred prosecution and no indictment was ever filed.
Lead counsel for individual arrested on charges of various forms of identity theft and other fraud filed by USAO.Successfully moved to suppress the evidence seized from client’s home, and successfully defended the suppression ruling on appeal. The charges were dropped.
Lead counsel for client construction company and principals in connection with New York District Attorney investigation into kickback schemes in construction industry. Clients told they would be charged as co-conspirators. Government subsequently agreed to deferred prosecution agreement against company and no charges against any individual.
Internal Investigations and Related Activities
Currently serving as Integrity Monitor for large not-for-profit organization whose previous CEO was convicted of kickback scheme in high profile prosecution brought by New York Attorney General’s Office. Reporting to multiple New York State and City agencies.
Led independent investigation on behalf of Board of Trustees of a university reviewing complex and highly charged facts relating to occupation of university facilities by students seeking the ouster of university president.
Led dozens of corporate investigations reporting to Board or senior management of public companies regarding allegations of: accounting and/or disclosure misrepresentations in financial statements, FCPA violations, insider trading, Reg FD violations and improper asset allocation and self-dealing by portfolio managers.
Other Notable Representations
Represented South African company DeBeers Centenary AG in historic guilty plea in U.S. District Court for the Southern District of Ohio in connection with antitrust violation involving the diamond market after negotiated settlement of charges filed a decade earlier by DOJ.
Lead counsel for a Big Four accounting firm during the course of high profile investigation by U.S. and Korean authorities into allegations that founding chairman of conglomerate client of the accounting firm had engaged in systematic bribery of top Korean officials.
Lead counsel for prominent hedge fund in connection with Senate investigation into off-shore tax shelter practices.
Lead counsel for dozens of individuals and entities identified as subjects in high-profile investigations by the DOJ and/or SEC, including off-shore tax shelter and tax evasion investigations, public corruption investigations involving political leaders in Albany, New York; fraud investigations involving sudden acceleration defects in Toyota automobiles, as well as ignition switch defects in GM automobiles; the FX market investigations, the ISDA fix collusion investigations, the LIBOR collusion investigations, the CDS and CDO market investigations.All of Mr. Park’s clients in these matters have avoided any charges or other sanction.
Civil Litigation Matters
Mr. Park combines his trial skills with his deep experience as a litigation partner to obtain early, efficient and successful outcomes for each of his clients in civil litigation matters. He was one of 40 attorneys invited by the judges of the U.S. District Court in the Southern District of New York to assist the Court in devising a pilot project for the most efficient management of complex civil litigation in the courthouse. He counts among his regular clients on civil matters, LG Electronics, for whom he acts as U.S. Litigation Counsel, as well as Brown Brothers Harriman. Some of his representative cases include:
Co-lead trial counsel for a company and its executives in connection with claim for fraudulent conveyance brought by trustee of bankrupt estate who sought to claw back over $100 million.
Co-lead counsel for major manufacturing company in contract-based indemnification dispute with major distributor company in international arbitration hearing.
Lead counsel for major manufacturing company in connection with threats by a licensor to seek $300 million in damages for breach of contract.After intensive negotiations, adverse party was persuaded to withdraw all threats of litigation.
Lead counsel for LG Electronics in multiple consumer fraud class action cases filed in District Courts in New Jersey and in California. Led negotiations of early and favorable settlements.
Lead counsel for Boston Scientific, SA, in connection with civil RICO action filed by government of Iraq alleging fraud in Oil for Food program administered by the UN. Case disposed of on motion prepared by joint defense group.
Representation of Nortel Networks in multiple class actions charging securities fraud in financial statements, based on allegations of violations of GAAP in use of reserves, earnings mismanagement, and improper revenue recognition. Settled.
Lead counsel for Societe Generale in contract-based action filed in New York State court by former customers alleging mismanagement of investment funds.Case dismissed on an early motion.
Co-lead counsel for Merrill Lynch in contract-based action filed in Southern District of New York by former customer of bank alleging mismanagement of investment fund.Case dismissed on an early motion.
Fellow, American College of Trial Lawyers
Member, Magistrate Judge Merit Selection Panel (Southern District of New York)
Member of select group of 40 lawyers assigned to help judges devise the Pilot Project for Case Management of Complex Civil Cases in the Southern District of New York (2011)
Member, Criminal Justice Act Panel (2000-2006)
Member, Association of the Bar of the City of New York
Member, Federal Bar Council
Member, Board of Directors of Federal Defenders of New York (present)
Member, Board of Directors of New York Appleseed, a not-for-profit organization (present)
Trustee, The Nature Conservancy, Eastern New York Chapter (2013-2015)
Fellow, David Rockefeller Fellowship (2005)
Commissioner, New York City Civilian Complaint Review Board (2002-2004)
“Inside the Minds: Managing White Collar Legal Issues,” Aspatore Books, October 2008
“Asset forfeiture hits the suites,” The National Law Journal, July 21, 2008
“Are the Sentencing Guidelines More Than ‘Advisory’?,” Business Crimes Bulletin, May 2008
“Does Cooperation Obscure the Truth,” Business Crimes Bulletin, June 2004
“The ‘Inherently Wrongful’ Doctrine in Federal Law,” New York Law Journal, March 7, 2000
“Ethical Issues In White Collar Investigations”– PLI Conference on White Collar Crime, October 2016, New York City;
“The Government’s Call for Cooperation by and Against Companies – A Game Changer or More of the Same?” – New York City Bar Assoc. — White Collar Crime Institute – May 2015, New York City;
“Screening Third Parties: Due Diligence Procedures for Freight Forwarders, Agents, consultants and Joint-Venture Partners” – ACI Conference on FCPA – May 2008, Chicago;
Corporate self-disclosures – PLI Conference on “FCPA 2008: Coping with Heightened Enforcement Risks,” April 2008, New York City.