Jonathan is a Partner in the Investigations & White Collar Defense and Litigation practice groups.  As a former federal and state prosecutor, he has built a reputation as a seasoned advocate, having successfully litigated over 100 trials. Jon vigorously defends and counsels public companies, corporate executives, and individuals in complex civil, regulatory, and criminal matters. 

Known for his 25+ years of expertise in high-stakes cases, Jonathan regularly handles matters involving the Foreign Corrupt Practices Act (FCPA), the Bank Secrecy Act, insider trading, securities and accounting irregularities, fraud, healthcare compliance, off-label drug marketing, the Anti-Kickback Statute, the False Claims Act, money laundering, federal tax offenses, asset forfeiture, government contracting, the Martin Act, and antitrust violations. 

Beyond representing clients in active investigations, Jonathan is often engaged by corporations and executive leadership to conduct internal investigations, advise during regulatory inquiries, and design remedial actions. He also helps clients develop and enhance compliance programs and provides training to mitigate future risks. 

Representative Experience

  • Representation of former U.S. cabinet official at trial on corruption and fraud charges in the United States, District Court for the Western District of Texas. Obtained substantial sentencing variance over government’s objection. 

  • Representation of a defendant who pled guilty in the EDNY to a nearly $2M healthcare fraud scheme. Mr. Rosen assisted the client in receiving only probation, over the government’s objection. 
  • Representation of Chinese Americans in an investigation by the United States Department of Justice for procurement fraud regarding the provision of services to NASA at the Kennedy Space Center. No criminal charges were filed. 
  • Representation of multiple Chinese investors before the Securities and Exchange Commission regarding allegations of fraudulent investments pursuant to the EB-5 Immigrant Investor Program. 
  • Representation of Chinese American regarding legal compliance with asset protection procedures. 
  • Representation of a Chinese bank in money laundering and economic sanctions investigation by the United States Department of Justice. 
  • Representation of Chinese professor in investigation by the United States Department of Justice for theft of trade secrets and economic espionage. 
  • Representation of medical provider in a criminal health care fraud case in the Eastern District of New York. 
  • Representation of senior executives of an Italian bank in criminal investigations by the United States Department of Justice for money laundering and economic sanctions violations. Obtained favorable result without criminal charges being filed. 
  • Led a multidisciplinary team of 30+ lawyers, multiple experts and support staff in defense of CEO of specialty pharmacy in joint bribery prosecution of Valeant pharmaceuticals executive in the Southern District of New York. Obtained a favorable sentence of one year and one day, despite guidelines offense calculation of 8-10 years. 
  • Representation of target in administrative proceedings before the Office of Foreign Assets Control of the United States Department of Treasury. Obtained release of frozen funds. 
  • Representation of Blackwater senior executive targeted in federal probe involving potential FCPA and export control violations. No charges were filed against the client. 
  • Conducted an investigation into allegations of corruption by the Inter-American Developmental Bank. No sanctions were imposed against client. 
  • Representation of president and chief executive officer of nation’s largest privately held mortgage lender in enforcement action by the United States Federal Trade Commission.  Obtained dismissal of all charges. 
  • Led internal investigation of Fortune 500 pharmaceutical company during criminal investigation of client for misbranding and failure to report safety data. Designed and implemented effective work plan, reported results and remediated legal risk without aggravating pre-existing risk engendered by parallel criminal prosecution. 
  • Representation of target of Congressional hearing involving bribery allegations by head of a government agency. Negotiated non-public deposition of the client and mitigated legal risk from negative publicity. 
  • Representation of a high-profile target in the Department of Interior component of the Abramoff investigation.  Negotiated plea settlement and obtained probation for client after a contested sentencing hearing. 
  • Obtained first-ever conviction based on the alternative nationality provision of the FCPA. 
  • Led prosecution team on complex financial institution and mortgage fraud involving multiple conspiracies to defraud lenders. Conducted streamlined presentation of hundreds of thousands of exhibits and obtained convictions on all charges after one-week trial. 
  • Researched and wrote twelve appellate briefs involving statutory and constitutional issues and argued cases before the District of Columbia Court of Appeals. 

Honors & Awards

  • Super Lawyer, 2016-2018, 2020 
  • Director’s Award, United States Department of Justice, 2005 
  • Special Achievement Award, United States Department of Justice, 2001, 2003–2005 

Publications and Speeches

PUBLICATIONS 

  • “Joint Defense and Confidentiality Agreement,” Practical Law Journal, April 2014 
  • “From the Chair:  Working to Ensure Fair Oversight,” For the Defense, July 2011 
  • “In-House Counsel in the Crosshairs:  The Government’s War on Corporate Fraud,” In-House Defense Quarterly, Winter 2010 
  • “Deputization of In-House Counsel and the Brave New World of Internal Investigations,” ABA Criminal Justice Magazine, Fall 2010 
  • “Managing Risks in the Global Market,” For the Defense, October 2010 
  • “Criminal and Civil Liability for Corporations, Officers and Directors,” The Practical Law Journal, May 2010 
  • “Health Care Probes on the Rise with Foreign Investment,” Daily Business Review, February 24, 2009 
  • “Minimizing Collateral Damage from Corporate Cooperation in a Government Investigation,” Directorship Magazine, May 2007 

SPEAKING ENGAGEMENTS 

  • “Hot Topics in Health Care Fraud Enforcement,” ABA 2020 Annual Meeting
  • “Defending False Claims Act Cases,” George Washington University School of Law, February 2017 
  • “False Claims Act Defense,” Edward Bennet Williams Inn of Court, September 2017 
  • “The Foreign Corrupt Practices Act,” The Giles S. Rich American Inn of Court, May 24, 2016  
  • “The Yates Memorandum,” Business Law Institute, Summer 2016 
  • “Conducting Internal Investigations,” Business Law Institute, Summer 2014 
  • “Building and Maintaining a Culture of Compliance:  Workplace Policies, Investigations & Discipline,” Executive Roundtable on Understanding Keys to Successful Workforce Management in Highly Competitive Industries, June 3, 2014 
  • “Defending Health Care Fraud Investigations,” George Washington University School of Law, February 25, 2014 
  • “Unknown Traps in Government Investigations:  What is the Government Really Thinking?” Polsinelli Litigation Webinar, March 27, 2014 
  • “Fraud and Abuse,” Health Care Compliance Webinar, January 14, 2014 
  • “Overcriminalization of Business Conduct,” ABA/American Association of Law Schools, June 2013 
  • “International Cooperation: Multilateral Assistance, Cooperation in Anti-Corruption Investigations, and Combating International Financial Crimes,” George Mason University, May 2013 
  • “The Crime of Doing Nothing:  The Responsible Corporate Officer Doctrine and Related Enforcement Issues,” DRI Corporate Counsel Committee, February 2013 
  • “Fraud and Abuse: A Year in Review, 2013,” Health Care Compliance Committee, February 2013 
  • “Hot Topics in Health Care Fraud,” Stafford Webinars, January 2013 
  • “Parallel Proceedings,” ABA Commercial Litigation Seminar, October 2012 
  • “New Federal Initiatives:  All about the CFPB and the RMBS Working Group,” ABA White Collar Crime Committee’s DC Regional Subcommittee, June 2012 
  • “Corporate Internal Investigations: A Case Study Involving Special Committee, Auditors and Antitrust on Protecting Privileged Information,” ABA Section of Litigation Annual Conference, April 2012 
  • “Detecting Bribery Schemes and Questionable Transactions:  Practical Steps to Avoid FCPA Investigations,” Minority Corporate Counsel Association, March 2012 
  • “Overcriminalization of Business Conduct,” DRI Annual Meeting, October 2011 
  • “Governance, Risk and Compliance in the Age of WikiLeaks,” DRI’s Government Enforcement and Corporate Compliance Committee Webinar, June 9, 2011 
  • “The Exit Strategy:  Negotiating a Settlement and Monitors,” ABA’s Forum for In-House Counsel, May 6, 2011 
  • “Social Media Evidence,” ABA’s 25th Annual National Institute on White Collar Crime, March 3, 2011 
  • “Strict Liability in Criminal Proceedings,” Edward Bennett Williams Inn of Court, November 18, 2010 
  • “Enhancing Accountability and Raising the Standards of Corporate Compliance: An Overview of Current Anti-Corruption Trends,” International Stability Operations Association Annual Summit, October 18, 2010 
  • “Past is Prologue:  Impact of Dodd Frank’s Whistleblower Provisions on Security Law Enforcement,” ABA’s Fifth Annual Securities Fraud National Institute, October 7, 2010 
  • “Internal Investigations:  Best Practices for In-House Counsel,” Webinar, Ethisphere, September 22, 2010 
  • “FCPA:  National Security, Corruption and Contingency Contracting,” International Stability Operations Association’s Legal Conference, September 16, 2010 
  • “Legal Compliance for Contingency Contractors,” International Peace Operations Association London Conference, April 9, 2010 
  • “Internal Investigations:  How to Protect Your Company and Yourself,” DRI Corporate Counsel Committee, Webinar, May 26, 2010 
  • “Litigation and Regulatory Risks Arising from Today’s Subprime Meltdown,” ABA Business Law Spring Meeting, April 2009 
  • “An Introduction to Export Controls,” International Peace Operations Association Fall Conference, September 1, 2009 
  • “The FCPA in Latin America:  Exerting Greater Control over Non-U.S. Entities and Nationals,” American Chamber of Commerce for Brazil, August 27, 2009 
  • “Compliance in the Age of Corporate Scrutiny,” Greater Washington Board of Trade, September 2007 
  • “Defending the International Public Corruption Case,” The ABA International Law Conference, May 2007 
  • “The FCPA in Latin America:  Exerting Greater Control over Non-U.S. Entities and Nationals,” American Chamber of Commerce for Brazil, August 27, 2009 
  • “Defending the International Public Corruption Case,” the ABA International Law Conference, May 2007 
  • “Managing FCPA Risks in a Global Marketplace,” DRI for the Defense, October 2010 
  • “Detecting Bribery Schemes and Questionable Transactions:  Practical Steps to Avoid FCPA Investigations,” Minority Corporate Counsel Association Annual Conference, March 21, 2012 
  • “International Cooperation:  Multilateral Assistance, Cooperation in Anti-Corruption Investigations and Combatting International Financial Crimes,” George Mason University, May 8, 2013 

Memberships and Affiliations

  • Co-Chair, Health Care Fraud Subcommittee, White Collar Crime Committee, 2013 – present 
  • Barrister, Edward Bennett Williams Inn of Court, September 2006 – present 

Languages

  • French

News, Events & Insights

Education

  • Boston University School of Law, J.D., cum laude 
  • Stanford University, B.A. with Honors, History

Previous Experience

  • Polsinelli, Shareholder
  • Shook, Hardy & Bacon LLP, Partner
  • Mintz, Levin, Cohn, Ferris, Glovsky and Popeo LLP, Partner
  • Assistant United States Attorney for the District of Columbia, United States Department of Justice
  • Los Angeles County District Attorney’s Office, State Prosecutor

Admissions

  • District of Columbia
  • California

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