Jay K. Musoff

Jay Musoff, a former federal prosecutor, 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 stock options grants, insider trading, tax shelters, Foreign Corrupt Practices Act issues, and securities and accounting fraud.

Mr. Musoff also has an active international arbitration practice.  Recent cases include the successful representation of Telenor ASA, the Norwegian telecommunications company, in arbitrations in New York, London and Geneva.  The American Lawyer notes that "[t]he interplay between courts, tribunals, and -- potentially -- treaty panels is showcased in the contest for Russian mobile phone operator VimpelCom between Alfa and Norway's Telenor ASA."   These arbitrations were recognized as among the top 10 arbitrations in The American Lawyer Arbitration Scorecard for 2007.   The Economist describes the dispute as "one of Russia’s longest-running and most bitter boardroom battles." 

Mr. Musoff also successfully defended Compal Electronics Inc., one of the largest original equipment manufacturers in Taiwan, in an arbitration brought by Audiovox Communications Corp.

Prior to joining Orrick, Mr. Musoff served for more than five 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.  At the U.S. Attorney’s Office, Mr. Musoff investigated and prosecuted cases involving insider trading, market manipulation, wire fraud and mail fraud, as well as cases involving racketeering and violent crime.

Some of Mr. Musoff's recent notable representations include the following.

• A U.S. Congressman in an ethics investigation regarding tax and financial disclosure issues.
• The CEO of a London Stock Exchange FTSE 100 company in a criminal investigation of internet gaming 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.
• The special committee of the board of directors of an insurance company in connection with an internal investigation concerning the alleged use of assets from a private foundation for personal expenses.  As a result of the investigation, the board removed the chairman and replaced the CFO of the company.
• The audit committee of a telecommunications company in connection with an internal investigation of alleged violations of the Foreign Corrupt Practices Act.
• A New York real estate development company in criminal investigations by the Manhattan District Attorney's Office, the Bronx District Attorney's Office and the U.S. Attorney's Office regarding bribery and corruption allegations.
• An administrative law judge in a corruption investigation by the New York City Department of Investigation.  No charges were brought against the judge.

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.  Among his significant cases include the successful prosecution of:

• the CEO, managing director, trustee and others associated with Credit Bancorp Ltd., a Swiss financial institution, that defrauded investors out of more than US$200 million.  All defendants were convicted after an eight-week jury trial;
• the chairman and administrator of the Badische Bank, a fraudulent US$65 billion European financial institution;
• the hedge fund manager of Manhattan Investment Fund Ltd., who fraudulently concealed more than $400 million in losses from investors;
• the hedge fund manager of Apex Investments and Ashbury Capital Partners L.P., who defrauded investors out of more than US$35 million; and
• the leaders of a violent gang who were responsible for more than a dozen murders, including the murder of a government witness.

Mr. Musoff has been recognized as one of the top lawyers in Manhattan by a poll conducted by New York Super Lawyers.

Admitted in

• New York

Court Admissions

• Second Circuit

• Eastern District of New York
• Northern District of New York
• Southern District of New York

Memberships

• New York State Bar Association
• American Bar Association
• Federal Bar Council
• Scarsdale School Board Nominating Committee, 2009-present
• Kids' Before and After School Enrichment Program and The Little School, Board of Trustees, 2002-2006

Multimedia

Publications

• "The Foreign Corrupt Practices Act: Thirty Years and Still Growing," presented at the Government Scrutiny of Global Business conference, hosted by Orrick and WilmerHale, November 5, 2008.
• "White Collar Crime and Government Investigations," Trends and Challenges in Complex Litigation, November 2006.
• Key Strategies For Successfully Conducting Internal Investigations For White Collar Crimes, Aspatore Books, September 2006.
• Best Practices For White Collar Litigation, Aspatore Books, August 2006.
• "Stock Options Grant Timing," Employee Benefit Plan Review, August 2006.
• "Stock Options Grant Timing: Is Your Company At Risk?," Orrick Client Alert, June 2006.
• "Sharing Information with Auditors: Does it Waive Work Product Protection?," White-Collar Crime Issue, New York Law Journal, July 2005.
• "Business Fraud: D.C. Circuit Wrestles with Intent in Securities Fraud," National Law Journal, October 2004.
• "In House Counsel: Ethics and Off-Switches: What Next?," Legal Times, September 2004.
• "The Changing Role of the General Counsel," New York Law Journal, August 2004.
• "White-Collar Crime: Criminal Provisions of Sarbanes Have Yet To Make an Impact," New York Law Journal, July 2004.

Speeches & Programs

• "Federal Criminal Law," New York University School of Law, Lawyering Program (October 2009).
• "OFAC Sanctions and New Enforcement Guidelines," Government Scrutiny of Global Business conference, hosted by Orrick and WilmerHale (November 5, 2008).
• "Federal Criminal Law," New York University School of Law, Lawyering Program (November 2008).
• "Attorney-Client Privilege," Real Estate Roundtable (June 12, 2008)
• "Federal Criminal Law," New York University School of Law, Lawyering Program (November 2007).
• "Investigating Suspected Wrongdoing While Minimizing Legal Risk," 9th Annual Roundtable on Critical Issues in the Financial Services Industry (June 2005).
• "Emerging Issues in Corporate Internal Investigations," National Employment Law Institute (December 2004).
• "Internal Investigations and Avoiding Retaliation in the Sarbanes-Oxley Era," 8th Annual Roundtable on Critical Issues in the Financial Services Industry (June 2004).