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| Phone: (212) 808-5147 |
Fax: (212) 808-7897 |
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| Don Buchwald has defended individuals, corporations, partnerships, and professional associations before the SEC, NASD, FTC, in federal court and grand jury proceedings throughout the country, and in the state courts of New York. Current and former employees of leading financial services, telecommunications, manufacturing, pharmaceutical, consumer goods and other companies have relied on Mr. Buchwald for defense against charges ranging from insider trading, securities and mail fraud, antitrust violations, tax evasion, bribery, customs fraud, immigration violations, and money laundering. |
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Representative Experience:
Representation of officers and directors of AIG, Bank of America, JPMorgan Chase, Citibank, Computer Associates, Global Crossing, Merrill Lynch, and Nortel in investigations involving allegations of accounting irregularities.
Representation of Cayman Islands-based banker initially charged with securities fraud and money laundering who was released on $4 million bond. A plea was negotiated resulting in a sentence of unsupervised probation. United States v. Robert Oosterwyk, 04 Cr. 667 (LDW) (E.D.N.Y.)
Representation of former government scientist in connection with FBI and postal service investigation into anthrax mailings.
Representation of 15 Vice-Presidents of the International Longshoreman's Association in a civil RICO action brought by the U.S. government (U.S. v. ILA, et al., 05-Civ-3212 (ILG) (E.D.N.Y.)
Representation of project manager of an architectural firm in federal investigation of alleged environmental crimes involving asbestos disposal.
Representation of a bond broker in Department of Justice investigation of New Mexico State Treasurer's office.
Representation of a provider of energy derivatives trading and brokerage services in parallel investigations being conducted by the CFTC, SEC, Department of Justice and Manhattan District Attorney's Office.
Representation of landscaping company and its president in New York Labor Law "prevailing wage" criminal investigation.
Representation of sales manager of international furniture company in criminal investigation into alleged vendor kickbacks and fraudulent invoicing.
Representation of bank official of a major Southeastern bank in internal investigation of bank's accounting and revenue recognition practices.
Representation of officer and various employees of automobile manufacturer in connection with criminal antitrust investigation.
Represented former counsel of a multinational food product and dairy company in financial fraud investigation.
Represented former officer of footwear company in SEC and Department of Justice investigations into sales reporting practices.
Represented brokers at various firms in connection with Eastern District of New York "squawk box" prosecutions.
Represented managing director of financial institution in investigation involving MCI-WorldCom.
Represented construction company and its officers in criminal investigation involving alleged kickbacks and money laundering.
Represented former managing director of financial institution in connection with criminal investigation probing IPO allocations.
Previous representations in which Mr. Buchwald has participated include:
Defended R. Foster Winans, "Heard-on-the-Street" columnist for the Wall Street Journal. Represented Winans from trial through oral argument in U.S. Supreme Court on insider trading charges for trading in advance of publication of his market-moving columns. Carpenter v. United States, 484 U.S. 19.
Defended director of administrative services of the United States Court of Appeals for the Second Circuit on bribery charges involving alleged receipt of kickbacks from moving company employed by the Court. Client acquitted of all charges and continued in his position with the Court. United States v. Frank Pisana, 88 Cr. 846 (MBM) (S.D.N.Y.)
Tried the capital murder/conspiracy case of United States v. Quinones, et al., 00 Cr. 761 (JSR), in which client, Diego Rodriguez, was charged with participating in the abduction and murder of a police informant. District Judge Rakoff declared the federal death penalty statute to be unconstitutional, before being reversed by the Second Circuit.
Defended a New York City businessman in his two week Southern District of New York trial involving alleged money laundering and non-compliance with Currency Transaction Reporting requirements by principals of a publicly held check factoring company, General Credit Corporation. Eight of the nine charged counts against client were dismissed and the lone count of conviction resulted in the imposition of a sentence of six months probation. United States v. Paul Weiner, 03 Cr. 916 (JSR) (S.D.N.Y.).
Defended employee of car dealership extradited from Aruba at his trial on drug importation conspiracy charges. Client acquitted of all charges and returned to Aruba. United States v. James Duque, 02 Cr. 1290 (RMB) (S.D.N.Y.). |
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Professional Activities:
Mr. Buchwald is the President of the Federal Bar Foundation and a former Vice-President of the Federal Bar Council. |
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Prior Positions:
Mr. Buchwald previously served as Deputy Chief of the Criminal Division of the United States Attorney’s Office for the Southern District of New York and was a co-founder of Buchwald & Kaufman where he practiced for 27 years before joining Kelley Drye. |
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Bar Admissions:
New York
United States Supreme Court
United States Court of Appeals for the Second Circuit
United States District Courts for the Southern and Eastern Districts of New York
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Education:
Cornell, JD, 1968
Cornell, BA, 1965
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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