345 Park Avenue
New York, NY
10154
 212.407.4212
 646.619.4169
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Jay
K.
Musoff
Partner
and
Co-Chair, White Collar Criminal Defense, Corporate Compliance and Investigations
Jay Musoff, a former federal prosecutor, is co-chair of Loeb & Loeb's White Collar Criminal Defense and Investigations Group. He focuses his practice on white collar criminal defense, internal investigations, and securities litigation. Mr. Musoff represents corporations and their senior executives in high-profile investigations, including investigations relating to insider trading, tax shelters, Foreign Corrupt Practices Act issues, government contractor fraud, and securities and accounting fraud.
Mr. Musoff has one of the leading practices in the United States representing public companies based in the People’s Republic of China, as well as their officers, directors, and auditors, in investigations throughout the country by the U.S. Securities and Exchange Commission (“SEC”) and the Public Company Accounting Oversight Board (“PCAOB”). The SEC’s Director of Enforcement has made the investigation of China-based issuers one of the Commission’s top enforcement priorities. Mr. Musoff -- and Loeb & Loeb’s China Litigation, Enforcement and Arbitration Response Team, of which Mr. Musoff is a member -- is handling investigations brought by the SEC and the PCAOB across the country, including New York, Washington, Los Angeles and Boston.
In addition, Mr. Musoff also has one of the country’s leading internet gambling practices. From the criminal investigations of public companies in the United Kingdom that the U.S. Department of Justice (“DOJ”) brought in the wake of the passage of the Unlawful Internet Gambling Enforcement Act of 2006, to the recent prosecutions and asset forfeiture seizures following “Black Friday,” Mr. Musoff has represented companies, chief executive officers, and board of director committees in the most important cases that the DOJ has brought in this area.
Mr. Musoff also has an active international arbitration practice. The American Lawyer described his representation of Telenor ASA in its dispute with Alfa Group as "one of the defining transnational business battles of our time."
In addition, Mr. Musoff has defended consumer protection actions and investigations initiated by the Federal Trade Commission, United States Department of Justice, and state Attorneys General offices.
Prior Work Experience
Mr. Musoff served for six years as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of New York, where he was a member of the Securities and Commodities Fraud Task Force. During his tenure at the U.S. Attorney’s Office, Mr. Musoff tried 10 felony jury cases to verdict, and he briefed and argued numerous cases before the U.S. Court of Appeals for the Second Circuit.
Representative Experience
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Represented the special committee of the board of directors of an internet poker company in connection with an internal investigation prompted by investigations by the U.S. Attorney's Office for the Southern District of New York.
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Represented the CEO of a London Stock Exchange FTSE 100 company in a criminal investigation of internet gambling by the U.S. Attorney's Office for the Southern District of New York. The company signed a non-prosecution agreement with the government, and no officers or directors were charged.
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Represented a public company based in China that is under investigation by the U.S. Securities and Exchange Commission in connection with allegations relating to accounting irregularities in connection with an acquisition.
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Represented a public company based in China that is under investigation by the U.S. Securities and Exchange Commission in connection with allegations relating to insider trading by a member of the company's board of directors.
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Represented the CEO of a company under investigation by the U.S. Securities and Exchange Commission in connection with allegations relating to accounting irregularities and improper revenue recognition.
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Represented the Norwegian telecommunications company Telenor ASA in its multiple disputes with Alfa Group.
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Represented a public company in connection with an internal audit regarding potential issues relating to mortgage services provided to financial institutions.
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Represented the CFO of a division of a European bank under investigation by the U.S. Department of Justice and the New York District Attorney's Office for allegedly facilitating financial transactions with Cuba.
Publications/Speeches
- Co-chair, 19th Annual Edward Brodsky Legal Conference Presented by the Anti-Defamation League, New York, New York (March 5, 2013)
- Author, International Discovery Regulations and U.S. Government Investigations (September 2012)
- Speaker, Fact or Fiction: Is Fraud Widely Prevalent in China-Based Public Companies or are Fears Exaggerated?, NASDAQ - New York, New York (November 8, 2011)
- Speaker, Parallel Investigations and Proceedings by the SEC and DOJ, Lawline Seminar (October 11, 2011)
- Speaker, Privilege Issues in Internal Investigations, Pro Bono Legal Training for Goldman Sachs (October 13, 2010)
- Speaker, Federal Criminal Law, New York University School of Law, Lawyering Program, New York, New York (October 2009)
- Speaker, Attorney-Client Privilege, Real Estate Roundtable (June 12, 2008)
- Speaker, Federal Criminal Law, New York University School of Law, Lawyering Program, New York, New York (November 2007)
Media Mentions
Affiliations
- Member, New York State Bar Association
- Member, American Bar Association
- Member, Federal Bar Council
- President, Sherbrooke Park Neighborhood Association (2011-present)
- Board Member, Scarsdale School Board Nominating Committee (2009-2011)
- Board Member, Kids' Before and After School Enrichment Program and The Little School Board of Trustees (2002-2006)
Distinctions
- Named "New York Super Lawyer" in Criminal Defense: White Collar by Thomson Reuters (2006, 2010-2012)
- New York City Urban Fellow
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