Jeffrey Plotkin
Partner
(o) 203.325.5018
jplotkin@fdh.com
Vcard
Jeff represents broker-dealers, investment advisers, financial services professionals, public companies and their officers and directors, auditors, attorneys, and institutional investors in a wide variety of regulatory, criminal, and civil litigation and arbitration matters nationwide. He also conducts internal investigations for financial services companies.
Jeff started his career in the SEC's Division of Enforcement, New York Regional Office, where he served as Staff Attorney; Chief of the Branch of Broker-Dealer Enforcement and Interpretations; and Assistant Regional Administrator. At the SEC, Jeff handled investigations and enforcement actions involving investment fund fraud, underwriting fraud, unregistered securities distributions, market manipulation, and violations of the broker-dealer net capital and customer reserve rules. He was the lead SEC trial attorney in the successful federal court action to enjoin the fraudulent sales practices of ten penny stock brokers at J.T. Moran & Co., Inc. (the basis for the fictional J.T. Marlin brokerage firm in the movie “Boiler Room”), and one of the SEC trial attorneys in the successful federal court action to enjoin the largest “free riding” margin scheme in history.
After the SEC, Jeff was an associate of the Morvillo Abramowitz law firm, a white collar criminal defense boutique in New York City, where he represented entities and individuals in criminal and regulatory investigations and conducted internal corporate investigations. Immediately prior to joining Finn Dixon in 2012, Jeff was a partner of Day Pitney LLP in its New York City and Stamford, CT offices, and was Chair of that firm’s Government Investigations practice group and Broker-Dealer and Investment Advisers practice group.
Jeff has enjoyed considerable success during the “Wells Notice” process in persuading the Staffs of the SEC, FINRA and the securities exchanges to reverse their preliminary determinations to recommend enforcement actions against his clients. Among other successes, Jeff’s Wells Submissions and further advocacy on behalf of his clients have successfully terminated investigations against his clients without enforcement action in the following matters:
- An SEC investigation of a mortgage-backed securities salesman at a major broker-dealer for allegedly making material misrepresentations to hedge fund counterparties during trade negotiations;
- An SEC investigation of an investment adviser for failure to disclose conflicts of interest surrounding receipt of 12b-1 fees for the sale of mutual funds to managed accounts;
- An SEC insider trading investigation of a securities analyst for allegedly tipping institutional clients of an impending ratings change on a stock;
- An SEC investigation of a portfolio manager to a mutual fund for alleged disclosure failures by the mutual fund in its SEC filings;
- A FINRA insider trading investigation of a securities analyst based on alleged “URL guessing” of web pages where a public company was loading its quarterly earnings statements in advance of public announcement;
- A FINRA investigation of a branch manager of a broker-dealer subsidiary of an insurance company for allegedly failing to supervise several brokers who participated in a Ponzi scheme; and
- A stock exchange investigation of a broker-dealer and its electronic communications network (ECN) for alleged violations of the “trade-through” rule of SEC Regulation NMS.
Over the years, Jeff has been appointed to undertake a variety of independent regulatory projects, including serving as the:
- Court-appointed Distribution Agent for a $67 million SEC Fair Fund. In that role, he prepared and implemented a plan of distribution of Fair Fund assets to investors harmed by a public company's multi-year scheme to overstate its revenues and earnings;
- SEC-appointed Plan Administrator for a $50 million SEC Fair Fund. In that role, he monitored and audited the distribution of Fair Fund assets to investors harmed by a broker-dealer's failure to disclose facts in the offer and sale of the mutual funds;
- Designated Independent Consultant for a NYSE specialist firm pursuant to settlements with the SEC and NYSE in the so-called "Specialist Case" (which involved allegations that NYSE specialists inter-positioned and traded ahead of customer orders on the NYSE). In that role, he conducted a review of all the specialist's policies, procedures and systems for handling customer order flow on the NYSE, and recommended amendments and revisions to the specialist's policies, procedures and systems to ensure compliance with SEC and NYSE rules; and
- Independent Third Party Auditor for a NYSE specialist firm pursuant to former NYSE Rule 104(h). In that role, he conducted reviews of all specialist algorithms and systems to ensure they operated in accordance with SEC and NYSE rules.
Jeff has been an adjunct professor for New York Law School’s LLM program for Financial Services Law, was a guest lecturer at the Columbia Business School for over ten years on insider trading law for securities analysts, and has served as a panelist at numerous seminars and conferences concerning securities regulation and arbitration.
Jeff is the former co-Chair of the Securities Subcommittee of the New York State Bar Association’s White Collar Criminal Litigation Committee, and the principal author of that Committee’s published report on criminal prosecutorial discretion in insider trading cases.
Jeff currently is the Chairman of Connecticut Legal Services, Inc., the largest legal aid society in Connecticut.
Jeff is the co-chair of the Firm's Practice Standards Committee and is the Firm's Loss Prevention Partner.
Representative Matters
- Represented a securities analyst and a hedge fund adviser in separate SEC GameStop investigations;
- Represented a broker-dealer in a Connecticut Department of Banking investigation concerning the sale of Fyre Festival securities to investors;
- Represented an investment banker at a major broker-dealer in an internal investigation and related FINRA examination concerning the unapproved use of text messages for business-related communications;
- Conducted an internal investigation for an international bond dealer into potential misuse of material nonpublic information obtained from a prospective investment banking client;
- Represented a broker-dealer in a FINRA investigation and disciplinary action concerning a bond trader’s mismarking of inventory positions;
- Represented a Canadian hedge fund adviser in an SEC investigation concerning potential insider trading in a NASDAQ pharmaceutical stock;
- Represented a corporate partner of a large New York City law firm in an SEC investigation concerning Form 10-K disclosures by a NASDAQ company client;
- Conducted an internal investigation for an alternative asset management firm concerning criminal charges filed against its former Chief Compliance Officer;
- Represented a hedge fund adviser in connection with civil litigation concerning a CMO trade dispute;
- Represented various clients in connection with the Bernie Madoff Ponzi scheme, including a pension fund, a securities analyst, and numerous individual Madoff investors;
- Represented central figures in the SEC’s mutual fund “market timing” and “late trading” investigations and enforcement actions;
- Represented the first defendant arrested in the “expert networks” insider trading prosecution;
- Represented a broker-dealer in the first appeal of a disciplinary proceeding involving the NASD’s securities analyst disclosure rule;
- Represented a stock broker in the first federal court challenge to the SEC’s quorum rule;
- Represented a futures commission merchant before the United States Supreme Court in a civil action seeking damages against a futures exchange for failure to enforce its own rules;
- Represented sovereign wealth funds in civil litigation and government investigations related to “pay-to-play” schemes involving third party marketers for investments in private equity funds, hedge funds, real estate funds, and CDOs;
- Represented investment advisers in SEC investigations and enforcement actions concerning asset valuation, investment performance reporting, regulatory disclosures, and registration requirements;
- Represented broker-dealers in SEC, FINRA and stock exchange investigations concerning algorithmic trading, including High Frequency Trading, with a focus on quote stuffing, spoofing, layering, wash trades, excessive cancelations, matched trades, marking the close, SEC Market Access Rule compliance, and electronic market maker quoting and pricing obligations;
- Represented public companies, broker-dealers, investment advisers, and individuals in insider trading investigations and actions by the Department of Justice, SEC, and FINRA;
- Represented public companies and their officers in SEC investigations concerning accounting fraud;
- Represented a public accounting firm in an SEC investigation concerning audit failures; and
- Represented clients in industry and customer disputes before FINRA Dispute Resolution (and its predecessors, NASD, NYSE, and AMEX), JAMS and other arbitration venues, and litigated motions to vacate/confirm arbitration awards in federal and state court.
Honors
- Ranked Attorney in Connecticut for Litigation: White Collar Crime & Government Investigation, Chambers and Partners (2022-present)
Associations
- Chairman, Connecticut Legal Services, Inc.
- New York State Bar Association, White Collar Criminal Litigation Committee, Commercial and Federal Litigation Section (Former Co-Chair, Securities Subcommittee)
- Connecticut Bar Association, Federal Practice Section
- American Bar Association, Business Law Section
- Director, MoCA Westport (formerly Westport Arts Center), 2014 – 2018 (Chair, Governance Committee)
Publications
- "The Potential Impact of the Supreme Court’s Ruling in SEC v Jarkesy on the Connecticut Department of Banking: Should “At Common Law” Have a Common Meaning?", Chambers and Partners, White-Collar Crime 2024, USA-Connecticut, Trends and Developments, October 24, 2024.
- "BlackBerry: The FINRA Compliant Smartphone," February 2011 (White Paper commissioned by Research in Motion Limited)
- "Criminal Prosecutorial Discretion in Insider Trading Cases: Let's Look at the Numbers," NYLitigator, Fall 2010 (principal author)
- "Confidential Commercial Documents in the SEC's Investigative Files: Caution to the Complacent," Securities Regulation Law Journal, Fall 2010 (co-author)
- "SEC v. Bank of America: Back to the Drawing Board," ABA Criminal LitigationNewsletter, Winter 2010 (co-author)
- "The Designated Third Party Requirement: The Final Frontier of SEC Rule 17a-4(f)," November 2009 (White Paper commissioned by Iron Mountain) (republished February 2012)
- "Responding To SRO Market Surveillance Inquiries Into Potential Insider Trading," The Metropolitan Corporate Counsel, October 2007 (co-author)
- "Securities Class Action Settlements - How Corporate Governance Reform Has Played a Role in the Process," New York Law Journal, September 20, 2007 (co-author)
- "Reaping the Benefits of Electronic Message Surveillance," 2006 (report of broker-dealer survey conducted with Fortiva, Inc.) (co-author)
- "The Act-Of-Production Privilege in SEC Proceedings," The Review of Securities & Commodities Regulation, Vol. 39, No. 1, January 4, 2006 (co-author)
- "SEC Enforcement Actions: Show Me the Money," New York Law Journal, December 19, 2005
- "The Tipper Benefit Test Under the Misappropriation Theory," New York Law Journal, August 15, 2003
- "Broker-Dealer Regulations Concerning E-Mail," New York Law Journal, December 4, 2002
Practice Areas
- SEC Investigations & Examinations
- Internal Investigations
- Complex Civil Litigation
- White-Collar Defense
- Investment Adviser & Broker-Dealer Registration & Compliance
Previous Experience
- Partner, Day Pitney LLP
- Associate, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C.
- Assistant Regional Administrator, Division of Broker-Dealer Enforcement, Securities and Exchange Commission, New York Regional Office
Education
- New York Law School, J.D., cum laude
- Editor, N.Y.L.S. Journal of Int'l and Comp. Law
- Honors Internship, New York Stock Exchange, Inc., Division of Enforcement
- Law Clerk, New York State Attorney General’s Office, Investor Protection and Securities Bureau
- University of Arizona, B.A., Creative Writing
Admissions
- Connecticut
- New York
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of Connecticut
- U.S. District Court for the Southern District of New York
- U.S. District Court or the Eastern District of New York
o: 203.325.5018
jplotkin@fdh.com
Vcard
Jeff represents broker-dealers, investment advisers, financial services professionals, public companies and their officers and directors, auditors, attorneys, and institutional investors in a wide variety of regulatory, criminal, and civil litigation and arbitration matters nationwide. He also conducts internal investigations for financial services companies.
Jeff started his career in the SEC's Division of Enforcement, New York Regional Office, where he served as Staff Attorney; Chief of the Branch of Broker-Dealer Enforcement and Interpretations; and Assistant Regional Administrator. At the SEC, Jeff handled investigations and enforcement actions involving investment fund fraud, underwriting fraud, unregistered securities distributions, market manipulation, and violations of the broker-dealer net capital and customer reserve rules. He was the lead SEC trial attorney in the successful federal court action to enjoin the fraudulent sales practices of ten penny stock brokers at J.T. Moran & Co., Inc. (the basis for the fictional J.T. Marlin brokerage firm in the movie “Boiler Room”), and one of the SEC trial attorneys in the successful federal court action to enjoin the largest “free riding” margin scheme in history.
After the SEC, Jeff was an associate of the Morvillo Abramowitz law firm, a white collar criminal defense boutique in New York City, where he represented entities and individuals in criminal and regulatory investigations and conducted internal corporate investigations. Immediately prior to joining Finn Dixon in 2012, Jeff was a partner of Day Pitney LLP in its New York City and Stamford, CT offices, and was Chair of that firm’s Government Investigations practice group and Broker-Dealer and Investment Advisers practice group.
Jeff has enjoyed considerable success during the “Wells Notice” process in persuading the Staffs of the SEC, FINRA and the securities exchanges to reverse their preliminary determinations to recommend enforcement actions against his clients. Among other successes, Jeff’s Wells Submissions and further advocacy on behalf of his clients have successfully terminated investigations against his clients without enforcement action in the following matters:
- An SEC investigation of a mortgage-backed securities salesman at a major broker-dealer for allegedly making material misrepresentations to hedge fund counterparties during trade negotiations;
- An SEC investigation of an investment adviser for failure to disclose conflicts of interest surrounding receipt of 12b-1 fees for the sale of mutual funds to managed accounts;
- An SEC insider trading investigation of a securities analyst for allegedly tipping institutional clients of an impending ratings change on a stock;
- An SEC investigation of a portfolio manager to a mutual fund for alleged disclosure failures by the mutual fund in its SEC filings;
- A FINRA insider trading investigation of a securities analyst based on alleged “URL guessing” of web pages where a public company was loading its quarterly earnings statements in advance of public announcement;
- A FINRA investigation of a branch manager of a broker-dealer subsidiary of an insurance company for allegedly failing to supervise several brokers who participated in a Ponzi scheme; and
- A stock exchange investigation of a broker-dealer and its electronic communications network (ECN) for alleged violations of the “trade-through” rule of SEC Regulation NMS.
Over the years, Jeff has been appointed to undertake a variety of independent regulatory projects, including serving as the:
- Court-appointed Distribution Agent for a $67 million SEC Fair Fund. In that role, he prepared and implemented a plan of distribution of Fair Fund assets to investors harmed by a public company's multi-year scheme to overstate its revenues and earnings;
- SEC-appointed Plan Administrator for a $50 million SEC Fair Fund. In that role, he monitored and audited the distribution of Fair Fund assets to investors harmed by a broker-dealer's failure to disclose facts in the offer and sale of the mutual funds;
- Designated Independent Consultant for a NYSE specialist firm pursuant to settlements with the SEC and NYSE in the so-called "Specialist Case" (which involved allegations that NYSE specialists inter-positioned and traded ahead of customer orders on the NYSE). In that role, he conducted a review of all the specialist's policies, procedures and systems for handling customer order flow on the NYSE, and recommended amendments and revisions to the specialist's policies, procedures and systems to ensure compliance with SEC and NYSE rules; and
- Independent Third Party Auditor for a NYSE specialist firm pursuant to former NYSE Rule 104(h). In that role, he conducted reviews of all specialist algorithms and systems to ensure they operated in accordance with SEC and NYSE rules.
Jeff has been an adjunct professor for New York Law School’s LLM program for Financial Services Law, was a guest lecturer at the Columbia Business School for over ten years on insider trading law for securities analysts, and has served as a panelist at numerous seminars and conferences concerning securities regulation and arbitration.
Jeff is the former co-Chair of the Securities Subcommittee of the New York State Bar Association’s White Collar Criminal Litigation Committee, and the principal author of that Committee’s published report on criminal prosecutorial discretion in insider trading cases.
Jeff currently is the Chairman of Connecticut Legal Services, Inc., the largest legal aid society in Connecticut.
Jeff is the co-chair of the Firm's Practice Standards Committee and is the Firm's Loss Prevention Partner.
Representative Matters
- Represented a securities analyst and a hedge fund adviser in separate SEC GameStop investigations;
- Represented a broker-dealer in a Connecticut Department of Banking investigation concerning the sale of Fyre Festival securities to investors;
- Represented an investment banker at a major broker-dealer in an internal investigation and related FINRA examination concerning the unapproved use of text messages for business-related communications;
- Conducted an internal investigation for an international bond dealer into potential misuse of material nonpublic information obtained from a prospective investment banking client;
- Represented a broker-dealer in a FINRA investigation and disciplinary action concerning a bond trader’s mismarking of inventory positions;
- Represented a Canadian hedge fund adviser in an SEC investigation concerning potential insider trading in a NASDAQ pharmaceutical stock;
- Represented a corporate partner of a large New York City law firm in an SEC investigation concerning Form 10-K disclosures by a NASDAQ company client;
- Conducted an internal investigation for an alternative asset management firm concerning criminal charges filed against its former Chief Compliance Officer;
- Represented a hedge fund adviser in connection with civil litigation concerning a CMO trade dispute;
- Represented various clients in connection with the Bernie Madoff Ponzi scheme, including a pension fund, a securities analyst, and numerous individual Madoff investors;
- Represented central figures in the SEC’s mutual fund “market timing” and “late trading” investigations and enforcement actions;
- Represented the first defendant arrested in the “expert networks” insider trading prosecution;
- Represented a broker-dealer in the first appeal of a disciplinary proceeding involving the NASD’s securities analyst disclosure rule;
- Represented a stock broker in the first federal court challenge to the SEC’s quorum rule;
- Represented a futures commission merchant before the United States Supreme Court in a civil action seeking damages against a futures exchange for failure to enforce its own rules;
- Represented sovereign wealth funds in civil litigation and government investigations related to “pay-to-play” schemes involving third party marketers for investments in private equity funds, hedge funds, real estate funds, and CDOs;
- Represented investment advisers in SEC investigations and enforcement actions concerning asset valuation, investment performance reporting, regulatory disclosures, and registration requirements;
- Represented broker-dealers in SEC, FINRA and stock exchange investigations concerning algorithmic trading, including High Frequency Trading, with a focus on quote stuffing, spoofing, layering, wash trades, excessive cancelations, matched trades, marking the close, SEC Market Access Rule compliance, and electronic market maker quoting and pricing obligations;
- Represented public companies, broker-dealers, investment advisers, and individuals in insider trading investigations and actions by the Department of Justice, SEC, and FINRA;
- Represented public companies and their officers in SEC investigations concerning accounting fraud;
- Represented a public accounting firm in an SEC investigation concerning audit failures; and
- Represented clients in industry and customer disputes before FINRA Dispute Resolution (and its predecessors, NASD, NYSE, and AMEX), JAMS and other arbitration venues, and litigated motions to vacate/confirm arbitration awards in federal and state court.
Honors
- Ranked Attorney in Connecticut for Litigation: White Collar Crime & Government Investigation, Chambers and Partners (2022-present)
Associations
- Chairman, Connecticut Legal Services, Inc.
- New York State Bar Association, White Collar Criminal Litigation Committee, Commercial and Federal Litigation Section (Former Co-Chair, Securities Subcommittee)
- Connecticut Bar Association, Federal Practice Section
- American Bar Association, Business Law Section
- Director, MoCA Westport (formerly Westport Arts Center), 2014 – 2018 (Chair, Governance Committee)
Publications
- "The Potential Impact of the Supreme Court’s Ruling in SEC v Jarkesy on the Connecticut Department of Banking: Should “At Common Law” Have a Common Meaning?", Chambers and Partners, White-Collar Crime 2024, USA-Connecticut, Trends and Developments, October 24, 2024.
- "BlackBerry: The FINRA Compliant Smartphone," February 2011 (White Paper commissioned by Research in Motion Limited)
- "Criminal Prosecutorial Discretion in Insider Trading Cases: Let's Look at the Numbers," NYLitigator, Fall 2010 (principal author)
- "Confidential Commercial Documents in the SEC's Investigative Files: Caution to the Complacent," Securities Regulation Law Journal, Fall 2010 (co-author)
- "SEC v. Bank of America: Back to the Drawing Board," ABA Criminal LitigationNewsletter, Winter 2010 (co-author)
- "The Designated Third Party Requirement: The Final Frontier of SEC Rule 17a-4(f)," November 2009 (White Paper commissioned by Iron Mountain) (republished February 2012)
- "Responding To SRO Market Surveillance Inquiries Into Potential Insider Trading," The Metropolitan Corporate Counsel, October 2007 (co-author)
- "Securities Class Action Settlements - How Corporate Governance Reform Has Played a Role in the Process," New York Law Journal, September 20, 2007 (co-author)
- "Reaping the Benefits of Electronic Message Surveillance," 2006 (report of broker-dealer survey conducted with Fortiva, Inc.) (co-author)
- "The Act-Of-Production Privilege in SEC Proceedings," The Review of Securities & Commodities Regulation, Vol. 39, No. 1, January 4, 2006 (co-author)
- "SEC Enforcement Actions: Show Me the Money," New York Law Journal, December 19, 2005
- "The Tipper Benefit Test Under the Misappropriation Theory," New York Law Journal, August 15, 2003
- "Broker-Dealer Regulations Concerning E-Mail," New York Law Journal, December 4, 2002
Practice Areas
- SEC Investigations & Examinations
- Internal Investigations
- Complex Civil Litigation
- White-Collar Defense
- Investment Adviser & Broker-Dealer Registration & Compliance
Previous Experience
- Partner, Day Pitney LLP
- Associate, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C.
- Assistant Regional Administrator, Division of Broker-Dealer Enforcement, Securities and Exchange Commission, New York Regional Office
Education
- New York Law School, J.D., cum laude
- Editor, N.Y.L.S. Journal of Int'l and Comp. Law
- Honors Internship, New York Stock Exchange, Inc., Division of Enforcement
- Law Clerk, New York State Attorney General’s Office, Investor Protection and Securities Bureau
- University of Arizona, B.A., Creative Writing
Admissions
- Connecticut
- New York
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of Connecticut
- U.S. District Court for the Southern District of New York
- U.S. District Court or the Eastern District of New York
Highlights
Members of the firm’s White Collar Crime and SEC Investigations & Examinations practices were selected to participate in the Chambers White-Collar Crime 2024 Global Practice Guide, which features articles from more than 40 jurisdictions worldwide. Read more
On October 10, 2024, Finn Dixon partner Jeff Plotkin, in his capacity as Chair of Connecticut Legal Services, Inc. (CLS), the State’s largest legal aid agency, and Madeleine Anderson, a CLS Supervisory Attorney, presented at Yale University on the topic of “Considering a Career... Read more
On September 20th at 12:00pm EST, litigation partner Jeffrey Plotkin will be joined by Debra A. Jenks, Esq. to present “Unraveling FINRA Arbitration: Strategic Insights for Legal Triumph.” Read more