John Nowak is a partner in the Investigations and White Collar Defense practice at Paul Hastings and is based in the firm's New York office. Mr. Nowak represents corporate entities and their executives and boards in internal investigations and government inquiries involving allegations of fraud, accounting disclosures, sales practice abuse, securities violations, conflicts of interest, related party transactions and violations of the Foreign Corrupt Practices Act and False Claims Act. A significant portion of his practice has been devoted to representing financial services institutions and investment advisers, as well as their senior principals and traders, before the SEC, DOJ, CFTC, FINRA, and the Federal Reserve. Mr. Nowak regularly counsels public and private companies on compliance procedures, enforcement response initiatives and proactive strategies designed to mitigate legal, regulatory and reputational risks.
Prior to joining Paul Hastings, Mr. Nowak was the Deputy Chief of the Business and Securities Fraud Section of the United States Attorney's Office, EDNY. He managed large-scale investigations of white-collar and securities crimes, in multiple domestic and foreign jurisdictions. Mr. Nowak supervised fifteen senior prosecutors pursuing cases in insider trading, fraud, extortion, FCPA violations, computer hacking, money laundering and market manipulation. He also gained significant jury trial experience and argued more than a dozen cases before the Court of Appeals for the Second Circuit, and routinely communicated with senior officials at the DOJ, the SEC and other regulatory agencies about policy matters.
He was previously Branch Chief, Enforcement Division at the SEC where he supervised a team of eight attorneys pursuing a variety of securities law matters, including insider trading, best execution and short sale violations, PIPE financings, breaches of fiduciary duties, adviser conflicts of interest, soft dollar arrangements, beneficial ownership disclosures and broker-dealer regulations.
Accolades and Recognitions
The Legal 500, Dispute Resolution - Financial Services Litigation (2021)
The Legal 500, Capital Markets: High-Yield Debt Offerings: Advice to Issuers (2021)
University of Richmond School of Law, J.D. (cum laude), 2000
College of the Holy Cross, B.A. in Mathematics, 1993
Mr. Nowak is a frequent lecturer and author on white collar crime and securities law topics. He also routinely provides training and CLE presentations to clients on matters relating to regulatory enforcement, anticorruption, DOJ enforcement and compliance issues. Mr. Nowak has been quoted in major media outlets on matters affecting his practice and the financial services community.
Representing a public company in SEC inquiry relating to revenue recognition and accounting disclosure
Representing hedge funds, hybrid funds and PE funds in investigations and examinations by the SEC Municipal Securities and Public Pensions Unit, the SEC Asset Management Unit, the SEC Market Abuse Unit, and the SEC's Office of Compliance Inspections and Examinations (OCIE)
Representing a CEO of a leading media company in an SEC investigation
Representing a public company and executives in SEC and DOJ investigations relating to the securitization and servicing of mortgage-backed assets
Representing a global financial services company in an SEC "dark pool" investigation
Representing an international financial services firm in SEC investigation relating to disclosure of fees and conflicts
Representing a public company in connection with a related party and disclosure investigation by the SEC
Representing the head of a global division within an international financial services company in a DOJ investigation of FX-linked products
Representing a former CFO of a public company in connection with DOJ and SEC prosecution relating to accounting disclosures, pending in the District of Delaware
Representing a former trader in a LIBOR prosecution by the DOJ, pending in the Southern District of New York
Representing a trader in a CFTC investigation relating to market trading practices
Represented a former CFO of automotive company in an SEC investigation relating to disclosures made during a capital raise
Represented a foreign corporation in connection with an internal accounting disclosures inquiry and related SEC investigation
Represented a global head of private equity of a major financial institution in connection with an SEC investigation
Represented an executive of a financial services company in SEC investigation relating to accounting disclosures
Represented a foreign public company in an SEC investigation relating to accounting and related party disclosures
Represented a hedge fund in SEC investigation relating to conflicts of interest and related party transactions
Represented a foreign public issuer in an internal investigation relating to whistleblower complaints
Represented a hedge fund in insider trading investigations by the SEC
Represented a managing director of an international investment bank in an SEC investigation of secondary offering of securities by a China-based public company
Represented a trader in connection with Litvak-style SEC and U.S. Attorney's Office investigation
Represented the head of a trading desk in connection with global government FOREX investigation
Represented a trader in connection with Federal Reserve investigation
Represented a swaps trader in connection with a DOJ Antitrust investigation