Derrelle Janey

• Admitted Pro Hac Vice, United States District Court for the Western District of Pennsylvania in connection with the following matter:  Thomas Dexter Jakes v. Duane Youngblood et al., 24-cv-1608 (WSS).  On behalf of my client, the plaintiff in this matter, my law firm is lead counsel prosecuting this defamation and conspiracy complaint.  , 2024
• United States of America, ex rel., William Cusick v. Kutzko, 19-cv-02856 (RBJ), U.S. Dist. Court, Colorado---this false claims act was commenced against my clients, Ron and Melinda Green and their associated entity, NHS Pharma, along with other defendants alleging that my clients fraudulently caused pharmacies to process prescriptions.  After several years of litigation, we achieved a stipulated dismissal of the complaint and no penalties for my clients., 2024
• On July 24, 2024, the Board of Judges and the Chief Judge for the United States District Court for the Eastern District of New York appointed Derrelle Janey to serve as a member of the Eastern District's Magistrate Judge Selection panel.  Mr. Janey's appointment is for a 7 year term.  (EDNY Administrative Order No. 2024-14), 2024
• Admitted to practice as attorney at bar of the court- United States District Court, Western District of Michigan, July 14, 2023., 2023
• Admitted Pro Hac Vice, U.S. District Court for the District of New Jersey, Marine Electric Systems, Inc. et al. v. MES Financing, LLC, et al., 22-cv-02643 (JXN) (MAH), October 14, 2022., 2022
• United State District Court for the Northern District of Alabama - admitted pro hac, 2019
• Gurbir S. Grewal v. GPB Capital Holdings, LLC, et al., ESX-C-0000-19-21.  Pro Hac admission granted to represent white collar criminal defendant in multi-billion securities fraud and Ponzi scheme., 2021
• David Rosenberg v. GPB Prime Holdings, LLC, et al., 1982-cv-0925.   Pro Hac admission granted to represent white collar defendant in civil case related to criminal Ponzi scheme allegations.    , 2021
• Jeff Lipman and Carol Lipman v. GPB Holdings II, LP, et al, No. 2020-0054-SG (Delaware).  Pro hac admission granted to represent white collar defendant in multi-million dollar Ponzi-scheme., 2021
• People of the State of California v. Ali Ahmad, M.D., et al., 19-LBCV00187.  Pro Hac admission granted to represent white collar defendant in parallel proceeding prosecuted by the State of California alleging civil conspiracy and fraud in connection with health care., 2021
• United States of America v. Charles Ronald Green, Jr. and Melinda Green, 20-cr-01566-DMS.  Admitted Pro Hac to represent criminal defendant in alleged conspiracy to commit health care fraud and bribery case., 2021
• Alabama Securities Commission v. GPB Capital Holdings, LLC et. al., 47-cv-2021-900169.  Admitted Pro Hac Vice to represent a client criminally indicted and subject to securities enforcement in an alleged multi-billion dollar Ponzi scheme conspiracy., 2021
• United States Bankruptcy Court for the Western District of New York - admitted to practice, 2020
• District Court, Clark County, Nevada (Order Admitting Pro Hac), 2020
• United States District Court for the Eastern District of Michigan- admitted to practice, 2019
• United States District Court for the District of New Jersey (pro hac vice), 2018
• United States District Court for the Commonwealth of Massachusetts (pro hac vice), 2018
• United States Court of Appeals for the First Circuit, 2018
• United States District Court for the Middle District of Florida (pro hac vice), 2018
• United States District Court for the Southern District of Florida (pro hac vice), 2018
• United States District Court of Appeals for the Second Circuit, 2018
• United States District Court for the Western District of New York, 2018
• New York
• New York State Bar Association, Member
• National Black Trial Lawyers Association, Member
• American Bar Association, Member
• Federal Bar Council Member
• United States District Court for the Southern District of New York, 2012
• New York City Bar Association, Member
• United States District Court for the Eastern District of New York, 2013

• In post- trial litigation, United States of America v . Laurence Doud III, 19-CR-285 (SDNY), I submitted and argued at oral argument a Rule 29 (and in the alternative Rule 33) motion to set aside the jury verdict based on the failure of the Government to adduce sufficient evidence at trial to support the jury verdict on three grounds.  Among those, critically, was the issue of drug weight in this precedent setting case where the Government sought to convict the CEO of a drug distribution company for illegal distribution of controlled substances.  On the issue of drug weight, the Court granted my motion, thus, overturning the jury verdict on drug weight, thereby eliminating the statutory 10 year minimum that would have been otherwise imposed at sentencing.  At sentencing, I argued for a recalculation of the Sentencing Guidelines as proposed by Probation and the Government as to the controlled substances weight for the purposes of sentencing and that application was granted.  Accordingly, the Guidelines changed from 120 months to 27-33 months.  Over the Government's objection, and its recommendation for 180 months, in this pivotal case, the Court sentenced my client to the lowest end of the Guidelines range: 27 months., 2023
• United States of America v. Robert Sabet, 21-cr-00140 (United States District Court, Eastern District of New York)--my client, the defendant in this federal criminal action, was charged, inter alia, with conspiracy to violate the federal health care statutes.  Here, the Government argued that the Court should sentence Mr. Sabet in a Sentencing Guidelines range of 63-78 months and Probation argued for the lower end of that range.  On the basis of the defense sentencing submission, the facts of the case, and a multi-hour sentencing argument, the defense persuaded the Court to sentence Mr. Sabet below the Guidelines range and he was sentenced to only 30 months.  , 2022
• Marine Electric Systems, Inc. et al. v. MES Financing, LLC et al., 22-cv-02643 (United States District Court, District of New Jersey)--here, I represented the plaintiffs and was retained as substitute counsel in the midst of discovery in support of a preliminary injunction application to prevent the defendants, a private equity investor group, from foreclosing on the stock of the owner of Marine for alleged default of the investors' lending arrangements.  Foreclosure would have meant the owner immediately losing control of a business he managed and controlled for 40 years, an important US defense navy contractor.  The plaintiffs filed suit alleging civil conspiracy to "steal" the company from the plaintiff owner and made application for the preliminary injunction.  Following an evidentiary hearing on the preliminary injunction and on the basis of extensive submissions, the District Court granted our motion for preliminary injunction holding that plaintiffs had met their burden for likelihood of success on the merits. , 2022
• United States of America v. Laurence Doud III, No. 19-CR-285 (GBD) (Southern District of New York); represented defendant in precedent setting criminal trial to hold former CEO of drug distributor criminally responsible for distributing opioids to pharmacies that illicitly sold the drugs.  Jury voted to convict Doud.  Matter is currently in post-trial litigation.  , 2022
• In the Matter of GPB Capital Holdings, LLC, et al, State Action No. 2000838.  Representing the defendant Jeffrey Lash in this matter before the Illinois Securities Commission, Janey settled the matter by way of a "neither admit nor deny" consent decree without any financial penalties imposed on the client-defendant., 2021
• Royal Operation System Enterprise, Inc. v. Takako Kobayasji, Index No. 656120/2018 (NY County).  Representing the defendant, Janey settled the commercial dispute., 2021
• Northshore Pharmacy v. Midwest Pharmaceutical Supply, 20-cv-979 (District of Ohio).  Representing the defendants, Janey settled the matter in lieu of trial., 2021
• Abbott Laboratories et al. v. Adelphia Supply USA et al., 15 Civ. 05826 (CBA)(LB)--settled this multi-year litigation in respect of defendants Coolrelic Inc. and Ralph Amato., 2020
• Abbott Laboratories et al. v. Adelphia Supply USA et al, 15 Civ. 05826 (CBA)(LB)--settled this multi-year action in respect of defendant NWHOLESALDEALS, 2020
• In Re Intuniv Antitrust Litigation, 18-MC-00062-CEM-DCI - won motion for protective order quashing non-party subpoena for documents and testimony on behalf of former CEO of competitor of Intuniv., 2019
• In Re: Loestrin 24 FE Antitrust Litigation, United States District Court for the Southern District of Florida, Case No. 18-22581-MC-Altonaga/Goodman- won motion to quash subpoena for documents and testimony served upon former CEO competitor of Loestrin, 2018
• Direct Access Partners, LLC v. Rothstein, Kass & Co., P.C., Docket No. L-2107-14, New Jersey Superior Court Law Division, Essex County.  Trial counsel to broker-dealer in action against former accountant.  Matter settled during the course of trial. , 2018
• United States of America v. Jack Ventola, 15-cr-10356 (District Court of Masschusetts) (DPW).  Mr. Janey represented Jack Ventola in this white collar criminal tax prosecution.  Client entered into a plea arrangement with the Government and the judgment of conviction at the sentencing hearing was 24 months of incarceration for failing to pay taxes for 8 years.  Based on the defense sentencing submission, including the described acts of charity and involvement in the community, the Court sentenced Mr. Ventola to 24 months instead of the 36 month term requested by the Government. , 2018
• Peter Best v. Marva Layne & Asim Walker, Docket No. 18 2299 (Second Circuit Court of Appeals, 2018).  Mr. Janey represented the plaintiff-appellant, Peter Best, on appeal of District Court (SDNY) abstention of jurisdiction over defamation and tortious interference action on Colorado River grounds.  Following multiple sessions of Second Circuit CAMP mediation, the parties settled the matter by stipulation, more particularly, preserving Mr. Best's defamation and other tort claims for adjudication in a related state court action., 2018
• Securities and Exchange Commission v. Town of Ramapo, et al., 16 CV 2779 (CS)(SDNY).  Represented town attorney (corporation counsel) in an alleged municipal fraud action prosecuted by the SEC.  Settled the SEC matter with minimal restrictions and penalties on client., 2018
• Sugarhouse Casino, HSP Gaming, LP v. Craig Carton, Docket No DJ-041942-18 (Superior Court of New Jersey, Mercer County, Law Division).  Plaintiff commenced action against client while client was in the course of a federal criminal investigation.  Civil suit for money damages settled., 2018
• City National Bank v. Carton, Index No. 153753/2018 (N.Y. Sup. Ct. 2018).  Financial institution action against client while client was in the course of a criminal indictment.  Civil suit for money damages settled., 2018
• United States of America v. Craig Carton et al, 17 cr 680 (CM) (SDNY).  White collar criminal case where the defendant was found guilty.  Mr. Janey served as trial counsel., 2018
• In re In the Matter of Jordan Peixoto, Administrative Proceeding File No. 3-16184.  Jordan Peixoto was charged by the SEC with substantive insider trading in the stock of Herbalife.  Following intense pre-trial motions and filing a petition to transfer the matter to the Federal District Court (suing the SEC), the Division of Enforcement filed a motion to dismiss the charges against my client, Mr. Peixoto., 2014
• In what has been touted as the most important cybersecurity-related action to date at that time, the SEC fined Morgan Stanley $1 million for violations of the so-called safeguards rule, which requires firms to adopt policies and procedures to safeguard customer information.  This penalty occured in the context of the former Morgan Stanley employee, Galen Marsh, allegedly stealing data from 730,000 Morgan Stanley customer accounts.  I, along with my partner, Robert Gottlieb, represented Marsh in both the federal criminal case against him, as well as the SEC enforcement action.  In terms of the criminal case, Mr. Marsh was sentenced to 3 years of probation and, with respect to the regulatory enforcement action, Mr. Marsh was suspended from the securities industry for 5 years with an opportunity to reapply. , 2016
• On behalf of an investor, Mr. Janey commenced a securities litigation action against a public company in federal court in New York alleging alternatively securities fraud and breach of contract in connection with a securities offering.  The defendants filed a motion to dismiss the complaint and were defeated.  In a rare instance, the court's order dismissing the motion to dismiss practically invited the plaintiff to file a motion for summary judgment.  The case is captioned as Cottam v. Global Emerging Capital Group, LLC et al, 16-cv-04584 (SDNY) (RJS)., 2017
• In February 2018, in a multi-defendant action prosecuted by the SEC alleging a multi-million dollar fraud scheme by the municipality (issuer) against investors, Mr. Janey represented the Town's corporate counsel, who was named as a defendant in the SEC action.  Ultimately, Mr. Janey reached a settlement in principle with the SEC Enforcement Division staff (pending approval by the SEC Commission) to settle all claims against his client on "a neither admit nor deny basis."  (The case is captioned as SEC v. Town of Ramapo, et al., SDNY, No. 16-CV-02779.)  , 2018
• As special litigation counsel to a chapter 7 Bankruptcy trustee, Mr. Janey led an investigation that culminated in legal action against the chapter 7 debtor's former law firm alleging claims, including aiding and abetting criminal fraud, legal malpractice and fraudulent conveyance.  The matter is captioned as Ian J. Gazes, as chapter 7 trustee for debtor WJB Capital Group, Inc., v. Mark Skolnick and Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, Adv. Pro No. 15-01298 (Bankr. SDNY) (SCC).  After extensive litigation in both federal bankruptcy and district court, Mr. Janey successfully settled this complicated federal litigation matter., 2017
• In February 2018, Mr. Janey, as counsel to the principal individual and corporate defendants, settled a multiyear litigation alleging, inter alia, claims of fraud and conversion.  The case is captioned as The MaxCure Foundation, Inc. and Richard L. Plotkin v. Taylor J. Van Deusen, Wendy Van Deusen, Longhouse Reserve, Ltd., Tailored Productions, and Duke+Van Deusen Events, LLC, Docket No. BER-L-1070-15, Superior Court of New Jersey Law Division: Bergen County. , 2018
• In the largest trade infringement action prosecuted by the global pharmaceutical giant, Abbott Laboratories, Mr. Janey represented five commonly owned distributor companies based in Florida (who were among over 200 other defendants) defending against Abbott's infringement, fraud and civil RICO claims.  Mr. Janey, on behalf of his clients, filed a motion to dismiss Abbott's RICO and unjust enrichment claims, and conducted the oral argument on behalf of his clients and the clients of two other law firms (combined representing 46 defendants in the case).  By memorandum and order, Judge Carol Bagley Amon, chief judge of the Eastern District of New York, dismissed Abbott's RICO and unjust enrichment claims.  The case is Abbott Laboratories et al v. Adelphia Supply USA et al, 15 CV-5826 (CBA)(LB).  Abbott was represented by the law firm Patterson Belknap. , 2017
• In February 2018, on behalf of the chapter 7 trustee for the estate of Direct Access Partners, LLC, Mr. Janey, along with co-counsel, successfully settled an auditor malpractice action against a national accounting firm that was the former auditor for the broker-dealer/debtor in bankruptcy.  The case settled during trial, after opening statements and after the jury had been sworn.  (The case is captioned as Direct Access Partners, LLC v. Rothstein, Kass & Co., P.C., Superior Court of New Jersey, Docket No. L-2107-14.) , 2018

• Derrelle Janey represented sports radio talk show host, Craig Carton, in a federal criminal trial where he was accused of effectuating a Ponzi Scheme.  At sentencing, the Government sought 6-7 years incarceration; however, based on the sentencing submission, the Court sentenced Mr. Carton to 3 1/2 years.  In this interview, Derrelle Janey discusses the crimes and the sentencing., Derrelle Janey Speaks About Sentencing of Accused Ponzi Scheme Client, 2019

• Ian Gazes, bankruptcy chapter 7 trustee, Southern District of New York, 2018
• Craig Carton, nationally syndicated sports radio talk show host, 2017
• Michael Klein, former Town Attorney, Town of Ramapo, New York, 2018
• Yann Geron, bankruptcy chapter 7 Trustee, Southern District of New York, 2018
• Laurence Doud III, former chief executive, Rochester Drug Cooperative, 2018
• Jack Ventola, former chief executive officer, National Fish & Seafood, 2017

• NAACP, Member

• Lawyers of Distinction named me as among the "2021 Power Lawyers" in the United States as published in the New York Times on Sunday, April 25, 2021., 2021 Power Lawyers, Lawyers of Distinction, 2021
• For his demonstrated success and leadership in large, complex and national litigation, the New York Law Journal named Mr. Janey as among its Distinguished Leaders for 2017., Distinguished Leader Award, The New York Law Journal, 2017

• Kenyon College, B.A. in Political Science, 1993
• University of Michigan Law School, 1996

• Critique of the Government's use of wiretaps in recent insider trading cases., co-author, Wiretaps and Fourth Amendment: Lessons from the Galleon Prosecutions, New York Law Journal, 2012
• Analysis of recent regulatory expectations for chief compliance officers of financial services companies., co-author, Broker-Dealer Compliance in Era of Regulatory Pressures, New York Law Journal, 2014
• Description of current state of the law regarding legal requirements for application to stay civil proceedings where defendant also faces concurrent criminal action., author, Parallel Proceedings: Staying the Civil Action, New York Law Journal, 2014
• Analysis of the limitations for defendants defending against claims commenced in SEC administrative enforcement proceedings as compared to defending against such claims in federal court. , Author, The Odds Are Stacked Against Insider Trading Defendants, Law360, 2015
• Description of the various ways in which parallel criminal cases impact and potentially hinder bankruptcy adversary proceedings, and approaches for overcoming those situations.  , Author, How Criminal Cases Affect Bankruptcy: Debunking the Myths, Law360, 2016
• Using the dismissal of RICO and unjust enrichment claims in Abbott Laboratories et al v. Adelphia Supply USA et al, 15-cv-5826, this article describes and analyzes the heightened pleading standards required for pleading RICO claims and the reasons courts in the Second Circuit carefully consider whether such claims should proceed beyond the pleading stage., Author, Pleading Civil RICO: Lessons from the Abbott Litigation, Law360, 2017

• Attorney cameo in HBO Documentary, Wild Card, which describes the crimes, sentencing and underlying causes of the Ponzi Scheme prosecution of client Craig Carton.  Mr. Janey presents a discussion of the alleged crime, the sentencing and the restitution. , 2020
• Lawyers of Distinction, Recognizing Excellence in Civil Litigation , 2020
• Who's Who in America, The Marquis Who's Who Publications Board, 2020
• Member, America's Top 100 High Stakes Litigators, 2020

• Financial Services
• Health Care
• Private Equity

“Mr. Janey has extraordinary knowledge of the intricacies of securities and regulatory representation of corporations, businesses and individuals. His background in finance, investment industry and corporate sets him apart to other attorneys in this same area. His preparation at all stages of investigation and litigation cannot be matched by any other attorney.”

“Derrelle is one of the up and coming stars in the white collar litigation area - especially in the securities industry. A client favorite who works tirelessly for his clients.”