Eric Rosen - Boston, MA

Partner

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 a 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.

Defending a prominent doctor in health care fraud investigation by the FBI and Department of Justice in the District of Massachusetts. After the DOJ threatened to bring charges within weeks, Eric and his team fought back against the government and ultimately convinced DOJ to decline to press all charges - even forgoing civil sanctions

Defending individual 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 after convincing the government that the proper loss amount was $21,000. The parallel SEC remains ongoing

Defending individual in parallel Department of Justice and Securities and Exchange Commission insider-trading charges in the District of Massachusetts. Eric ultimately obtained a sentence of 12 months and 1 day in prison, far short of the Government’s demand for 48 months

Representing individual witness in national security investigation brought by federal prosecutors involving export controls

Representing individual in federally charged securities fraud case in Cleveland, Ohio based on allegations that the defendant helped facilitate a “pump and dump” of the stock HIPH

Defended individual in civil securities fraud suit brought by the Colorado Division of Securities. Although the initial complaint asked for millions in disgorgement, Eric achieved a “no admit and no deny” settlement with zero monetary penalty or disgorgement

Defended individual in federal civil asset forfeiture proceedings and parallel criminal computer fraud and abuse act investigation related to a crypto-asset “Bug” in the District of Colorado. After multiple presentations to federal prosecutors, the DOJ declined to bring a federal case

Defending senior executive of bankrupt Celsius, a crypto-asset company, in federal investigations (DOJ, CFTC and SEC), bankruptcy court and class action

Represented decentralized crypto exchange in Delaware Chancery Court lawsuit brought against the exchange by one of its investors related to contractual language regarding the provision of tokens to the investor

Representing executive in Department of Justice investigation in the District of Massachusetts related to alleged Personal Protective Equipment (PPE) fraud and price gouging during Covid

Representing company executive in parallel DOJ/SEC investigation in Rhode Island involving revenue recognition

Representing individual in crypto Ponzi scheme investigation in the Southern District of Ohio

Representation of company regarding funds wrongfully frozen by OFAC as part of sanctions against Russia

Representing individual company executive in DOJ investigation into potential violations of export control laws

Representing foreign crypto-asset management company in asset recovery investigation and litigation

Representing financial institution in inquiry by the Massachusetts Securities Division

Representing senior Wall Street banker in Securities and Exchange Commission inquiry

Representing crypto-asset investors in internal investigation related to crypto-trading

Representing individual in NYPD investigation into potential child abuse

Representing former tech executive in Department of Justice inquiry based out of Dallas, Texas

Representing tech executive in third-party deposition

Representing non-fungible token (NFT) company in responding to online attacks

epresenting foreign defendant in a class-action concerning an initial coin offering that was litigated in federal court in the Western District of Pennsylvania

Representing individual in state court action in Texas in responding to claims of fraud

Representing individual in dispute with employee concerning the ownership percentage of a company as the company prepares for sale

Representing individual accused of fraud in a civil suit filed in federal court in the District of Massachusetts

Representing individual in crypto-currency escrow account dispute

Representing crypto-mining company executive in “Founder’s dispute