Howard E. Heiss

Partner

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Howard Heiss has an extensive litigation practice focused on government regulatory investigations and enforcement actions, grand-jury investigations, and the defense of clients in criminal cases, with a particular emphasis on securities matters. He regularly represents public companies and individual corporate executives in the financial services industry. Howard is also a skilled trial lawyer and has represented clients in various criminal and civil trials and securities-related arbitrations. Howard has a track record for being creative in his approach, responsive, and effective both at negotiating and fighting with the government on behalf of his clients.

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 held a number of supervisory positions in the US Attorney’s Office, including Deputy Chief of the Criminal Division and Chief of the Organized Crime Unit. 

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Corporate & Government Experience

  • Served as an Assistant US Attorney in the US Attorney's Office for the Southern District of New York, including as chief of the Securities and Commodities Fraud Task Force and deputy chief of the Criminal Division

Honors & Awards

  • Recognized by Best Lawyers® 2019 for Criminal Defense: White-Collar in New York, NY; Howard has been listed in Best Lawyers® since 2010.
  • Recognized as a leading lawyer in the area of White Collar Crime & Government Investigations by Chambers USA (2005–2018)
  • Named an Investigations; Business Crime Defence: Individuals and Corporates Expert by Who’s Who Legal (2018)
  • Named a New York "Super Lawyer" in numerous surveys conducted by Law & Politics Media Inc. 
  • Selected as one of the 500 Leading Lawyers in America by Lawdragon (2007–2010)
  • Received the Director's Award for Superior Performance from the Director of the Executive Office for US Attorneys 
  • Received the Attorney General's Award for Distinguished Service

Admissions

Bar Admissions

  • New York

Court Admissions

  • US District Court, Southern and Eastern Districts of New York
  • US Court of Appeals, Second Circuit
  • US Supreme Court

Education

  • Boston College, J.D., 1976: cum laude
  • University of Illinois, B.A., 1972: high honors; Phi Beta Kappa

Professional Activities

Publications

  • “Taking the Fifth in Government Investigations: Does the Adverse Inference Doctrine Apply?” Bloomberg White Collar Crime Law Reports, Vol. 1, No. 1, co-authored with Mark Racanelli  (July 2009)
  • “On Government Suppression of Defense Testimony,” New York Law Journal, co-authored with Mark Racanelli (July 3, 2007)
  • “Can An Employee's Proffer Be Used Against the Company?” New York Law Journal, co-authored with Mark Racanelli (June 27, 2006)
  • A corporate executive in a criminal fraud trial involving alleged bid rigging in the municipal bond market. The conviction was reversed and the indictment dismissed on appeal.
  • A multinational technology company in a civil antitrust trial against the Department of Justice Antitrust Division.
  • Corporate executives in the federal government’s LIBOR investigations.
  • Corporate executives in the federal government’s foreign exchange investigations.
  • Traders in the federal government’s bond market trading investigations.
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