Joshua R. Hochberg
Joshua R. Hochberg's practice focuses on individual and corporate white collar defense, internal investigations, and compliance. He has conducted significant investigations as a Court appointed Bankruptcy Examiner. In addition, he has a proven track record of successfully defending CEOs and public officials in connection with accounting, FCPA, and corruption investigations. He has defended large corporations in suits seeking civil monetary damages.
- Served as Examiner in the Refco, DBSI, and WaMu bankruptcies. Timely completed cost effective investigations that resulted in well documented reports detailing wrongdoing and analyzing potential causes of action for the benefit of creditors and equity.
- Successfully defended former CEO of a Fortune 500 company in an accounting fraud investigation. Resolved the matter with a negotiated SEC settlement that did not allege criminal or civil fraud.
- Defended two foreign company CEOs in SEC and DOJ investigations of alleged FCPA bribery.
- Represented a former CEO of a Fortune 500 company in an FCPA investigation by the SEC and DOJ.
- Successfully represented federal public officials including an elected Representative and a federal agency Director in potentially criminal investigations.
- Represented a high ranking World Bank official in a corruption investigation that resulted in reduced findings and monetary awards to the official.
- Represents a former CEO of a large failed bank in SEC and criminal investigations.
- Represented a major government contractor in a qui tam action that was settled to the company's satisfaction.
- Represented an institutional health care provider in a qui tam action in which the government declined to intervene.
Prior to joining MLA, Mr. Hochberg was the long-time Chief of the Fraud Section in the Criminal Division of the DOJ. He organized nationally significant complex investigations and prosecutions of securities, health care, bank fraud, and corporate matters including as Acting United States Attorney for the investigation of Enron. He also supervised all Foreign Corrupt Practices Act investigations and prosecutions nationwide. Working with the Securities and Exchange Commission, Mr. Hochberg negotiated major global settlements of accounting fraud matters. He is highly experienced with evaluating the DOJ expectations for corporate voluntary disclosures, corporate cooperation, and settlement parameters.
While at the DOJ, Mr. Hochberg received the highest award for litigation, the "Attorney General’s John Marshall Award." He has also been a recipient of the Criminal Division’s highest award, the "Henry E. Petersen Memorial Award."
Mr. Hochberg is a frequent speaker at ABA, SEC, and HHS conferences addressing white collar crime issues.
- J.D., New York University School of Law, 1972
- B.A., Columbia College, 1969
- New York
- District of Columbia
- "Court Allows FCPA Case To Proceed on Jurisdictional Theory SEC Once Conceded “May Be Breaking New Ground”, MLA Advisory, February 19, 2013.
- "New FCPA Guidance: Long on Information, Short on Novelty," MLA Advisory, November 20, 2012.
- Final Report of the Washington Mutual Examiner filed with the Court on November 1, 2010
For a full copy of the report and exhibits, click here. (Click here for download directions.)
- Final Report of the DBSI Examiner filed with the Court on October 19, 2009.
- Interim Report of the DBSI Examiner filed with the Court on August 3, 2009.
- Final Report of the Refco Examiner filed with the Court on July 11, 2007.
Seminars and Presentations:
- "Receivers/Trustees/Monitors: Navigating the Minefield," Panel Moderator, ABA National Institute on Securities Fraud, New Orleans, Louisiana, November 15, 2012
- "Creative Investigative Techniques In White Collar Cases," Panel Moderator, ABA National Institute on White Collar Crime, March 2012
- "Internal Investigations: Where Is My Deputy Badge?" Panelist, ABA National Institute on Securities Fraud, November 3-4, 2011
- "What You Need to Know About the U.K. Bribery Act," Presenter, McKenna Long & Aldridge Webinar, June 22, 2011
- "Section 304 Actions," Panel Moderator, ABA National Institute on Securities Fraud, October 2010
- "Monitors, Examiners, and Receivers: Corporate Watchdogs, Investigators or Liquidators?" Panel Moderator, ABA White Collar Crime Conference, Miami, Florida, February 25, 2010
- "Litigation Strategies," Speaker, Class Action Litigation 2009: Prosecution and Defense Strategies, New York, NY; July 10, 2009
- "Ethical Issues in White Collar Cases," Panelist, ABA White Collar Crime Conference, San Francisco, CA; March 5, 2009
- "Corporate Compliance-Reducing Exposure to Severe Sanctions," Panel Moderator, Southeastern Health Care Fraud Institute, Atlanta, Georgia; December 18, 2008
- "Monitors: When, Why, and How?" Panel Moderator, ABA National Institute on Securities Fraud, Washington, DC; October 2, 2008