Overview
Joshua Goldberg is a partner in the firm’s Litigation Department and a member of its White Collar Defense and Investigations group. Mr. Goldberg has extensive trial and appellate experience, having served as lead counsel in fifteen federal jury trials and having briefed and argued more than a dozen appeals before the U.S. Court of Appeals for the Second Circuit.
Mr. Goldberg’s practice focuses on white collar criminal defense and related regulatory proceedings, internal investigations, and complex financial litigation. He has represented corporations and corporate executives in high-profile criminal and regulatory investigations involving alleged securities fraud, antitrust violations, and violations of the federal Racketeer Influenced and Corrupt Organizations Act. He has also advised corporations regarding the Foreign Corrupt Practices Act and the False Claims Act, and has represented individuals and organizations in connection with investigations by the U.S. Securities and Exchange Commission, the U.S. Department of Justice, the U.S. Congress, and state and local prosecutors.
Prior to joining Patterson Belknap, Mr. Goldberg served for eight years as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of New York where he investigated and prosecuted complex white collar cases involving securities fraud, accounting fraud, market manipulation, investment adviser fraud, insider trading and commercial bribery. While working as a federal prosecutor, Mr. Goldberg was a member of the Securities and Commodities Fraud Task Force. He also prosecuted matters involving wire and mail fraud, money laundering, racketeering, murder, firearms and narcotics trafficking. In 2002, Mr. Goldberg received the Department of Justice Director’s Award for Superior Performance. In 2010, Mr. Goldberg received a Prosecutor of the Year Award from the Federal Law Enforcement Foundation for investigating and prosecuting securities fraud at a major international corporation while serving in the U.S. Attorney’s Office.
After graduation from law school, Mr. Goldberg served as a Law Clerk to the Hon. Barbara S. Jones, United States District Court for the Southern District of New York. Mr. Goldberg then worked as an associate at Patterson Belknap for three years before joining the United States Attorney’s Office.
Representative Matters
Representation of an executive at an international airline in connection with an investigation by the U.S. Department of Justice into alleged price-fixing of fuel surcharges.
Representation of a hedge fund portfolio manager in connection with a U.S. Department of Justice investigation into alleged insider trading.
Representation of a financial advisor in connection with a U.S. Department of Justice and SEC investigation and prosecution into alleged municipal bond bid-rigging in violation of the federal antitrust laws.
Representation of a major pharmaceutical research and development company in connection with a multi-billion dollar licensing dispute before an international arbitration tribunal in The Hague, Netherlands.
Representation of executive officers and members of the Board of Directors of a major pharmaceutical company in connection with multiple shareholder derivative actions alleging off-label marketing, violations of the federal anti-kickback statute, violations of the Foreign Corrupt Practices Act, and other regulatory violations.
Representation of a leading financial and business information provider in connection with allegations of corporate espionage and alleged violations of the federal antitrust laws, the Racketeer Influenced and Corrupt Organizations Act, and other state and federal laws.
Representation of an investment advisor and brokerage firm in connection with an investigation by the SEC into alleged securities fraud and violations of Rule 144 of the Securities Act of 1933.
Representation of an executive and several affiliated entities in connection with an investigation by the New York County District Attorney’s Office into alleged financial improprieties.
Representation of a corporation before the United States District Court for the Southern District of New York in connection with recovering restitution as a victim of securities fraud related to a private investment in public equity (PIPE) transaction.
Significant Prosecutions
United States v. James J Treacy: Investigated and prosecuted the former President and COO of Monster Worldwide, Inc. for his role in a multi-year scheme to backdate numerous stock option grants at Monster, thereby causing Monster to misstate its financial results by more than $330 million.
United States v. Ross Mandell, et al.: Investigated and prosecuted several senior executives and officials of Sky Capital, a New York-based brokerage-dealer firm, for investment advisor fraud, market manipulation, and misappropriation of assets in connection with long-term scheme to defraud investors of approximately $140 million.
United States v. Mitchel Guttenberg, et al.: Prosecuted defendants for insider trading based on their use of nonpublic information regarding upcoming stock upgrades and downgrades at UBS, in violation of the federal securities laws.
United States v. Carole Argo: Investigated and prosecuted the former CFO and COO of SafeNet, Inc., a publicly-traded information resource corporation, for her role in a scheme to backdate millions of dollars' worth of employee stock option grants, in violation of the federal securities laws.
United States v. John Black, et al.: Prosecuted multiple defendants arrested as part of what was then described as the largest securities fraud investigation in history for their role in a scheme to defraud several New York-based union pension funds through kickbacks to organized crime figures and a corrupt investment advisor, in violation of various federal laws.
OTHER
Served as a faculty member in connection with the Lawline.com presentation of “White Collar Crimes: The Notable Cases of 2009.”
Served as co-host in connection with 2010 Martindale-Hubbell counsel-to-counsel forum.