James R. DeVita, Partner
James DeVita is a trial lawyer and recently named as a 2010 national Super Lawyer in the Criminal Defense: White Collar category. Mr. DeVita specializes in white-collar criminal matters, as well as complex civil and commercial litigation and has defended cases involving allegations of securities, tax and other forms of financial fraud. He represents corporations and executives in federal and state criminal investigations relating to various forms of alleged business fraud or improper conduct. He served as co-counsel to former Tyco CEO L. Dennis Kozlowski in connection with Mr. Kozlowski's indictments in New York State Court charging Enterprise Corruption (the New York State equivalent of a Federal RICO charge), larceny, securities fraud and sales tax fraud. As an Assistant United States Attorney for the Southern District of New York, Mr. DeVita was the lead prosecutor in the case of United States v. Leona M. Helmsley, and was on the trial team in the case of United States v. Sun Myung Moon. While at the United States Attorney's Office, Mr. DeVita headed the Office's White Plains, New York branch office for approximately two years.
Mr. DeVita also represents institutions and individuals in all manner of civil litigation and in connection with regulatory investigations and proceedings, including investigations or proceedings conducted by the SEC, the New York Stock Exchange, the National Association of Securities Dealers and the Federal Reserve Bank. He has defended private damage actions under the federal securities laws as well as civil RICO actions.
Professional Activities:
Awards:
- New York Super Lawyers 2010
- New York Super Lawyers 2009
- New York Super Lawyers 2008
- New York Super Lawyers 2007
- The Best Lawyers in America® 2010
- AV Rated – Martindale Hubble
Representative Engagements:
Criminal Cases and Investigations:
- A former partner in the accounting firm of KPMG, in what has been described as the largest criminal tax fraud case ever brought, relating to allegedly abusive tax shelter programs marketed by KPMG; the dismissal of that indictment was affirmed by the United States Court of Appeals for the Second Circuit, and the Government decided against seeking certiorari to the Supreme Court.
- An international hospitality company in an internal investigation of its purchasing department.
- Two executives of a major British bank in connection with a joint investigation by the United States Department of Justice and the New York County District Attorney's Office relating to international dollar payments.
- The general counsel of a public United Kingdom company in connection with a foreign corrupt practices act investigation by the United States Department of Justice.
- The chief executive of a mezzanine mortgage and corporate lending enterprise in connection with Federal and State investigations of proposed transactions.
- Numerous individuals in connection with investigations of alleged income tax evasion, including investment bankers, attorneys, accountants and business executives; various individuals at trial on charges of tax fraud.
- Numerous securities brokers, including brokers on the floor of the NYSE, in criminal, SEC and NYSE investigations relating to a wide variety of allegedly illegal or improper practices, including insider trading, market manipulation, customer abuse, churning and unauthorized trading.
Civil CaseS:
- A major national bank in a class action arising from the acquisition of another national bank.
- A major international hotel operator in connection with litigation relating to the operation and sale of a resort property in Orlando, Florida.
- A clothing and garment manufacturer in a civil RICO action.
- Issuers, underwriters and broker/dealers in private damage actions under the federal securities laws.
