Mr. Park is a trial lawyer whose practice focuses on white collar criminal and regulatory defense, related securities class action litigation and other complex litigation. Mr. Park served for ten years as a federal prosecutor in the United States Attorney's Office for the Southern District of New York, where he held various positions, including Senior Trial Counsel in the Securities & Commodities Fraud Task Force, as well as Chief of the Narcotics Unit. As a prosecutor, Mr. Park obtained convictions in each of the many jury trials he handled and was awarded the Attorney General's Award for Distinguished Service. He then spent ten years as a litigation partner at Shearman & Sterling LLP, where he represented individual executives and companies, including commercial and investment banks, three of the Big Four accounting firms, and investment funds and their advisers, in a wide variety of criminal, regulatory and civil matters. Mr. Park was inducted as a Fellow of the American College of Trial Lawyers in 2006.
Since co-founding Park & Jensen in 2009, Mr. Park has continued to successfully represent both institutional and individual clients in a broad range of criminal, regulatory and civil matters. He has been selected by a Fortune 500 multinational products company as its U.S. National Litigation Counsel in class action and commercial litigation matters. He regularly leads internal investigations and was recently appointed by multiple City and State agencies to serve as the Integrity Monitor for a major not-for-profit organization.
Mr. Park is consistently listed as an accomplished white collar defense lawyer in the publications Super Lawyers and Chambers Partners.
White Collar Criminal/Regulatory Matters
In the 15 years Mr. Park has worked as a white collar defense lawyer, not a single client who came to him at the outset of a governmental investigation was charged by the authorities, with the very few exceptions noted below under "Trials and Other Dispositions." The few exceptions involved pleas or settlements involving no jail time and having such marginal impact on the clients that they readily accepted the compromise offered by the government.
Matters Where Charges Were Avoided Entirely
- Successfully represented portfolio manager of large hedge fund who had been notified that he was the target of an insider trading investigation conducted by U.S. Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC") and that he would be charged imminently. Hedge fund was charged, along with other members of firm, but client was not charged.
- Successfully represented portfolio manager of hedge fund who had been notified that he was the target of a different insider trading investigation conducted by DOJ and SEC and that he would be charged imminently. Other alleged members of conspiracy were charged, but client was not charged.
- Successfully represented president of company who had been told he was the target of DOJ's criminal investigation into illegal facilitation of internet gambling. Client was not charged.
- Successfully represented former chief operating officer of a CDO management firm who had been told charges were being considered against her by SEC in connection with failed CDOs. Firm and principal were charged, but client was not charged.
- Successfully represented former analyst at multi-national bank that underwrote various CDOs who received a Wells notice from SEC indicating that he may be charged with fraud. After presentations to highest levels of the Enforcement Division, Mr. Park persuaded SEC not to seek charges. The bank and other employees of firm were charged.
- Successful representation of co-head of trading desk in charge of residential mortgage-backed securities at major multi-national bank in connection with multiple SEC and New York Attorney General investigations into causes of financial system failure in 2008. No charges brought.
- Successfully represented controller of public company in connection with SEC investigation into accounting fraud. The SEC notified company and other employees of its intent to file charges for fraud in Wells Notice, but client did not receive a Wells notice.
Trials and Other Dispositions
- Defended at trial individual charged by DOJ with violations of U.S. sanctions laws prohibiting trade with Iran. Client had been represented by different counsel at the outset, and Mr. Park was engaged to be one of the lead trial counsel. While client convicted on the basis of faulty jury instructions, conviction on principal charges was overturned on appeal.
- Defended at trial former CFO of technology company accused by DOJ in 22 counts of securities and tax fraud arising from alleged accounting improprieties. Client had been represented by different counsel during the outset of investigation, and Mr. Park was subsequently engaged to be one of the lead trial counsel. Guideline sentence would have yielded 20-year sentence of imprisonment on conviction. After six-week trial, jury was hung on all charges. Government was subsequently persuaded to offer client plea to a single tax count with no jail time.
- Defended former manager of a major oil exploration company who was told he was the target of a DOJ criminal investigation into causes of the Gulf Oil spill involving BP. After client's company entered into guilty plea with government on the basis that client had destroyed documents potentially relevant to government investigation, DOJ notified client of its intent to file felony charges. Mr. Park persuaded government to offer client a misdemeanor charge, and client received no jail time.
- Defended former president of company who was arrested on felony charges of insider trading in connection with Imclone stock brought by DOJ. After extensive presentation to government, client received deferred prosecution and no indictment was ever filed.
- Defended individual arrested on charges of various forms of identity theft and other fraud filed by DOJ. Successfully moved to suppress the evidence seized from client's home, and successfully defended the suppression ruling on appeal. The charges were dropped.
- Defended client construction company and principals in connection with New York District Attorney investigation into kickback schemes in construction industry. Clients told they would be charged as co-conspirators. Government subsequently agreed to deferred prosecution agreement against company and no charges against any individual.
- Defended construction general contractor firm and its principal in connection with District Attorney investigation into tax fraud scheme. Clients told they would be charged with felonies. Matter resolved with client pleading to misdemeanor and a sentence of conditional discharge and modest fine.
Internal Investigations and Related Activities
- Currently serving as Integrity Monitor for large not-for-profit organization whose previous CEO was convicted of kickback scheme in high profile prosecution brought by New York Attorney General's Office. Reporting to multiple New York State and City agencies.
- Led independent investigation on behalf of Board of Trustees of a university reviewing complex and highly charged facts relating to occupation of university facilities by students seeking the ouster of university president.
- Led dozens of corporate investigations reporting to Board or senior management of public companies regarding allegations of: accounting and/or disclosure misrepresentations in financial statements, FCPA violations, insider trading, Reg FD violations and improper asset allocation and self-dealing by portfolio managers.
Other Notable Representations
- Represented South African company DeBeers Centenary AG in historic guilty plea in U.S. District Court for the Southern District of Ohio in connection with antitrust violation involving the diamond market after negotiated settlement of charges filed a decade earlier by DOJ.
- Lead counsel for a Big Four accounting firm during the course of high profile investigation by U.S. and Korean authorities into allegations that founding chairman of conglomerate client of the accounting firm had engaged in systematic bribery of top Korean officials.
- Lead counsel for prominent hedge fund in connection with Senate investigation into off-shore tax shelter practices.
- Lead counsel for three of the Big Four accounting firms during the course of various DOJ-SEC investigations into financial statement fraud by issuer clients.
- Lead counsel for dozens of individuals and entities identified as subjects in high-profile investigations by the DOJ and/or SEC, including off-shore tax shelter and tax evasion investigations, public corruption investigations involving political leaders in Albany, NY; fraud investigations involving sudden acceleration defects in Toyota automobiles, as well as ignition switch defects in GM automobiles; the FX market investigations, the ISDA fix collusion investigations, the LIBOR collusion investigations, the CDS and CDO market investigations.
All of Mr. Park's clients in these matters have avoided any charges or other sanction.
Civil Litigation Matters
Mr. Park combines his trial skills with his deep experience as a litigation partner to obtain early, efficient and successful outcomes for each of his clients in civil litigation matters. He was one of 40 attorneys invited by the judges of the U.S. District Court in the Southern District of New York to assist the Court devise a pilot project for the most efficient management of complex civil litigation in the courthouse. He counts among his regular clients on civil matters LG Electronics, for whom he acts as U.S. Litigation Counsel, as well as Brown Brothers Harriman. Some of his representative cases include:
- Co-lead trial counsel for a company and its executives in connection with claim for fraudulent conveyance brought by trustee of bankrupt estate who sought to claw back over $100 million. Mr. Park was engaged expressly for the jury trial after case had been defended by a large law firm for ten years. After four weeks of trial, jury returned a compromise verdict and motion to set aside verdict has been filed.
- Lead counsel for large manufacturing company in connection with threats by a licensor to seek $300 million in damages for breach of contract. After intensive negotiations where adverse party was represented by a leading law firm based in NYC, and preparation of preliminary injunction motion papers, Mr. Park persuaded adverse party to withdraw all threats of litigation.
- Lead counsel representation of Brown Brothers in multiple litigations filed in Southern District of New York, in connection with claims by third parties who alleged fraud by the bank's account holding customers. Pending.
- Lead counsel representation of LG Electronics in multiple consumer fraud class action cases filed in District Courts in New Jersey and in California. Led negotiations of early and favorable settlements.
- Lead counsel representation of Boston Scientific, SA, in connection with civil RICO action filed by government of Iraq alleging fraud in Oil for Food program administered by the UN. Case disposed of on motion prepared by joint defense group.
- Lead counsel representation of former CEO and CFO of major telecommunications company in bankruptcy in connection with class action filed in the Southern District of New York alleging financial statement fraud. Pending.
- Representation of Big Four accounting firm in connection with SEC action filed in the Southern District of New York alleging accounting fraud against Fortune 500 information technology company. Settled.
- Representation of Nortel Networks in multiple class actions charging securities fraud in financial statements, based on allegations of violations of GAAP in use of reserves, earnings mismanagement, and improper revenue recognition. Settled.
- Lead counsel representation of Societe Generale in separate contract-based actions filed in New York State and California State courts, by different former customers alleging mismanagement of investment funds. New York State case dismissed on an early motion, and California case settled.
- Co-lead counsel representation of Merrill Lynch in contract-based action filed in Southern District of New York by former customer of bank alleging mismanagement of investment fund. Case dismissed on an early motion.