Howard E. Heiss

Partner

Howard Heiss is a partner in O'Melveny's New York office and a member of the White Collar Defense and Corporate Investigations Practice and the SEC Practice. Howard's practice focuses on white collar criminal defense, SEC, and other regulatory proceedings; corporate internal investigations; and federal and state trials. He represents clients in criminal and securities enforcement cases involving insider trading, accounting fraud, offering fraud, sales practice fraud, books and records violations, and other securities offenses. In addition, he handles a wide array of other criminal matters involving mail, wire, bank and tax fraud; money laundering; bribery; customs and immigration offenses; environmental violations; and other criminal charges.

Howard is recognized as a leading lawyer in the area of White Collar Crime & Government Investigations by Chambers USA (2005–10); was named a New York "Super Lawyer" in a survey conducted by Law & Politics Media Inc. (2006–10); and was selected by Lawdragon as one of the 500 Leading Lawyers in America (2007–10).

Illustrative Professional Experience

• Executives in subprime investigations
• Financial institutions in auction-rate securities investigations
• Financial institutions and executives in criminal tax shelter investigations
• Executive of pharmaceutical company in criminal investigation into off-label marketing and anti-kickback allegations
• Executives and board members in options-pricing investigations
• Chief Financial Officer of auto industry company in grand jury accounting fraud investigation
• Executive of financial institution in antitrust and SEC investigation into bid-rigging allegations in municipal finance industry
• Broker-dealer in SEC municipal securities investigation
• Broker-dealer in state Attorney General investigation into suitability of securities sold to investors
• Banking institution in SEC accounting investigation
• Insurance carrier in state Attorneys General investigations into compensation arrangements with brokers
• Public health care company in internal accounting investigation
• Mutual fund company in market timing/late trading investigation
• Public companies and executives in Foreign Corrupt Practices Act investigations
• Hedge fund manager in grand jury insider trading investigation
• Bank official in state money laundering investigation
• Public company in grand jury investigation into environmental violations
• Investment banker in criminal obstruction prosecution, SEC investigation and NASD enforcement proceedings
• Vice-President of Finance of one of the nation's leading cable companies in connection with grand jury investigation, criminal indictment, and related SEC investigation
• Accounting firm partners in connection with grand jury, SEC, Congressional, and trial proceedings in criminal obstruction case brought against the firm
• Accounting firm partner in grand jury and SEC investigations into accounting fraud and obstruction of justice
• Deal manager at investment bank in grand jury, SEC, and NASD investigations into allocations of stock in initial public offerings
• Audit committees in connection with internal and SEC accounting fraud investigations
• Trader at investment fund in SEC investigation into market manipulation
• Investment fund in connection with state Attorney General securities fraud investigation
• Executive in charge of corporate development at software company in grand jury and SEC investigations into accounting fraud and related class action litigation
• Sales manager of computer software company in connection with SEC accounting fraud and insider trading investigation
• Executive at software company in connection with SEC investigation involving allegations of accounting fraud, false books and records, misrepresentations in publicly filed documents, and insider trading
• Corporate entities and executive in connection with grand jury investigation into bank trading scandal
• Broker-dealer in internal and SEC, NASD, and NYSE investigations of mismarking securities positions and parking violations
• Broker-dealer and related entities in connection with SEC investigation and class-action litigation involving allegations of sales practice abuses in the sale of mutual funds and annuities
• Finance director of beverage manufacturing company in SEC accounting fraud investigation
• Broker-dealer and individual executives in New York Stock Exchange arbitration alleging failure to properly execute stock and option trades, unauthorized purchases and sales, and front running
• Two brokers in securities fraud indictment brought in the Southern District of New York
• Executive of financial advisory firm in SEC investigation into whether the firm was operating as an unregistered broker-dealer
• Chief Financial Officer of software company in connection with indictment in the Northern District of California for mail fraud, wire fraud, bank fraud, and various securities offenses
• Securities lawyer in connection with grand jury investigation involving allegations of offering fraud and market manipulation
• Manufacturing company and its Chief Executive Officer in SEC investigation involving allegations of market manipulation and registration violations
• Executive of bank in connection with internal, grand jury, and SEC investigations involving trading scandal
• Executive of major bank in internal, SEC and grand jury investigations of violations of the Foreign Corrupt Practices Act
• Numerous individuals, including former Chief Executive Officers of insurance institution, in connection with five-year grand jury investigation of allegations of fraud in insurance underwriting market
• Executive of auction house in connection with grand jury investigation into customs and IRS violations relating to the importation into the United States of painting
• Power company employees in a grand jury investigation into environmental violations following an oil spill
• Financial data services corporation in contract and breach of fiduciary duty action in Delaware Chancery Court, resulting in three-month trial
• Executives of South American banking institution in civil action alleging fraud and breach of fiduciary duty
• Investment bank in multiple state civil litigation over fee for investment banking services

Before entering private practice, Howard served as an Assistant US Attorney in the US Attorney's Office for the Southern District of New York for more than 11 years. During that time, Howard prosecuted numerous white collar cases involving securities fraud, insider trading, mail and wire fraud, political corruption, and tax evasion, as well as organized crime and narcotics cases. Howard also served as Deputy Chief of the Narcotics Unit, Deputy Chief of the Criminal Division, Chief of the General Crimes Unit, and Chief of the Organized Crime Unit. In November 1987, Howard received the Director's Award for Superior Performance from the Director of the Executive Office for US Attorneys.

From November 1992 through September 1995, Howard served as Chief of the Securities and Commodities Fraud Task Force in the US Attorney's Office. In 1993, the Attorney General of the United States appointed Howard as Special Attorney to the Attorney General to serve as the lead prosecutor in United States v. Drogoul, arising from the multi-billion dollar fraud on the Banca Nazionale del Lavoro. As a result of that prosecution, Howard received the Attorney General's Award for Distinguished Service.

Professional Activities

Board of Directors, Office of the Appellate Defender
Awards, Named to Expert Guides’ handbook of the “World’s Leading White Crime Lawyers” (2010)
Recent Publications, "Taking the Fifth in Government Investigations: Does the Adverse Inference Doctrine Apply?" Bloomberg White Collar Crime Law Reports, Vol. 1, No. 1 (July 2009) (co-authored with Mark Racanelli); "On Government Suppression of Defense Testimony," New York Law Journal, July 3, 2007, at 4 (co-authored with Mark Racanelli); "Can An Employee's Proffer Be Used Against the Company?" New York Law Journal, June 27, 2006, at 4 (co-authored with Mark Racanelli)