Joshua R. Hochberg
FAX: 202.496.7756
Experience
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.
Prior to joining MLA, Mr. Hochberg spent seven years as 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.
Notable Engagements
- 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 the complex facts that lead to the bankruptcy filings.
- Successfully defended former CEO of a Fortune 500 company in an accounting fraud investigation. Resolved the matter with a negotiated settlement that did not allege criminal or civil fraud.
- Defended two foreign company CEOs in SEC and DOJ investigations of alleged FCPA bribery.
- Representation of former CEO of a Fortune 500 company in an ongoing FCPA investigation by the SEC and DOJ.
- Represented a high ranking World Bank official in a corruption investigation that resulted in reduced findings and monetary awards to the official.
- Represented public officials including an elected individual and an agency head in criminal investigations.
- Representation of former CEO of failed bank in SEC and criminal investigations.
- In response to a subpoena, conducted an internal investigation and participated in government interviews concerning the award of a government contract. The investigation resulted in no charges against the company.
- Represented an institutional health care provider in response to FBI interviews that led to the government’s decision not to intervene in the qui tam action.
Education
- J.D., New York University School of Law, 1972
- B.A., Columbia College, 1969
Bar Admissions
- New York
- District of Columbia
Publications:
- "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:
- "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
- "FCPA Enforcement and Preventative Steps for Companies," Panel Moderator, Compliance Week Conference, Washington, DC; June 4, 2008
- "Corporate Crime and Compliance," Panel Moderator, ABA National Institute on Health Care Fraud, Fort Lauderdale; May 16, 2008