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Richard Hong

Partner
Richard  Hong's headshot
Richard Hong Partner

Richard Hong is a former federal prosecutor and senior SEC trial lawyer who represents individuals and entities in the banking, financial, securities and digital assets industries in government and internal investigations, civil enforcement actions and criminal prosecutions, as well as in other high-stakes litigations.  

Before joining the firm, Richard was widely regarded as one of the most experienced trial lawyers in the SEC’s Division of Enforcement. In his 17-plus years of service at the SEC, in New York (as senior trial counsel) and Washington, DC (as assistant chief litigation counsel), Richard litigated virtually every type of federal securities violations brought by the SEC’s Division of Enforcement, including many that involved parallel criminal actions from various U.S. Attorney’s Offices/DOJ’s Fraud Section and state law enforcement authorities. He was awarded the SEC’s Chairman’s Award for Excellence as well as the Enforcement Division Director’s Award (12 times) for his work.

Richard litigated some of the highest profile and difficult post-financial crises cases, including the Bear Stearns and Fannie Mae subprime disclosure frauds. He also worked on accounting frauds, ADR sales practice violations, asset freezes, audit failures, breach of fiduciary duty/conflict-of-interest cases, CMBS bond trading frauds, cryptocurrency frauds, Foreign Corrupt Practices Act violations (involving a receivership), insider trading, investment adviser/hedge fund frauds, market manipulations, offering frauds, a stop-order AP proceeding and subpoena enforcement matters.

Richard has tried 43 federal civil and criminal cases – 41 of them tried to jury – around the country. At the SEC, he tried several multi-week complex accounting/disclosure fraud cases before federal juries. Between 2019 and 2022, Richard tried two two-week federal jury trials in the Southern District of New York – tied for the most in the Enforcement Division during that period. 

Prior to joining the SEC, Richard served as a federal prosecutor at Main Justice (DOJ) in Washington, DC and at the U.S. Attorney’s Office for the Southern District of Florida (Miami), Economic Crimes Section, where he led numerous complex white-collar grand jury investigations, including bank and securities fraud cases, and prosecuted environmental enforcement cases. As a criminal Assistant U.S. Attorney, Richard tried, as lead or another principal trial counsel, 35 cases, including multi-week bank, securities, mail and wire fraud and money laundering cases, to verdict in less than six years. He also worked on more than 15 criminal appeals as an appellate Assistant U.S. Attorney and argued eight times before the U.S. Court of Appeals for the Eleventh Circuit, including “first impression” federal sentencing issues. Richard was awarded, among other awards, the Attorney General’s John Marshall Award (DOJ’s highest award for attorneys).

A member of the faculty for the National Institute for Trial Advocacy (NITA), Richard regularly teaches trial advocacy courses to lawyers across the country. He is actively involved on several committees of the New York City Bar Association; in 2022, he was appointed chair of the Federal Courts Committee and in 2023 was named to the City Bar’s working group evaluating the New York Court of Appeals nomination process.

Experience

U.S. Securities and Exchange Commission, Enforcement Division

  • Litigated as lead or principal trial counsel in some of the Enforcement Division’s most difficult financial/disclosure fraud cases, including SEC v. Mudd (Fannie Mae), SEC v. Cioffi (Bear Stearns) and the AOL Time Warner (SEC v. Kelly) cases.
  • Tried as lead or co-lead several multi-week financial/disclosure and offering fraud cases before federal juries in New York City, Washington, D.C. and Detroit; obtained a favorable fraud settlement during the jury selection in an accounting fraud case in Newark, N.J.
  • Investigated and litigated as lead counsel emergency insider trading and market manipulation cases involving defendants in Switzerland, China and the Middle East.
  • Advised and assisted the SEC investigative staff in complex investigations involving accounting/disclosure frauds, ADR sales practice violations, audit failures, bankruptcy disclosure failures, cryptocurrency frauds, FCPA violations (involving a receivership), insider trading, investment adviser frauds, market manipulations, offering frauds, a stop-order AP proceeding and subpoena enforcement matters.
  • Reviewed and advised on charging decisions, litigation risk and trial strategies for some of the most difficult and sensitive investigative matters in the Enforcement Division, including enforcement actions relating to the Boeing 737 MAX airplane crashes. 

United States Attorney’s Office, Southern District of Florida, Miami

  • Led a multi-year grand jury investigation and prosecution of bank senior executives for bank and securities frauds involving more than $148 million in losses
  • Tried 37 federal (felony) criminal jury cases, including tried as lead counsel multi-week bank, securities and wire frauds and money laundering conspiracy cases
  • Argued 11 appeals, including white collar criminal fraud cases, before the U.S. Court of Appeals for the Eleventh Circuit and the Florida state appellate court
  • Litigated a billion-dollar criminal forfeiture action against the CEO of a failed bank

United States Department of Justice, Environmental Enforcement Section

  • Tried a Clean Water Act case, United States v. Smithfield Foods, Inc. (E.D. Va.), which resulted in then the highest Clean Water Act civil penalty award ($12.6 million) ever assessed by a federal judge after trial, and a Superfund cost recovery action involving a large landfill near Philadelphia (E.D. Pa.)
  • Litigated as lead or co-counsel more than a dozen complex environmental enforcement actions (Clean Air Act/Clean Water Act, Oil Pollution Act, RCRA and Superfund cases) and regulatory takings in federal district courts in the mid-Atlantic and western states

Law Clerk, Honorable Robert Holmes Bell, District Judge, United States District Court for the Western District of Michigan

Professional Activities

New York City Bar Association

  • Chair, Federal Courts Committee
  • Member, New York City Bar Association Working Group on New York Court of Appeals Nomination Process

American Bar Association

  • Member, International White Collar Crime Committee

Recognition

  • Chairman’s Award for Excellence, U.S. Securities and Exchange Commission Division Director’s Awards, U.S. Securities and Exchange Commission, Enforcement Division (awarded 12 times)
  • Award for Excellence, President’s Council for Integrity and Efficiency
  • “Most Appealing Award” for excellence in appellate advocacy by the Florida’s Eleventh Judicial Circuit Guardian Ad Litem Program (for pro bono work)
  • Best Criminal Conviction of 2005, Miami New Times (for conviction of a stockbroker)
  • Honors Program attorney for DOJ’s Environmental Enforcement Section
  • Attorney General’s John Marshall Award (for Litigation), U.S. Department of Justice
  • Gold Medal for Exceptional Service, U.S. Environmental Protection Agency

Speaking Engagements

  • Faculty, National Institute for Trial Advocacy (NITA), Building Trial Skills and Deposition Skills Courses, Jan. 2021 - Present
  • Moderator/Program Chair, Diversity and Financial Regulators: Careers in the Financial Regulatory Field, New York City Bar Association, June 2021

News & Publications

  • Author, Pretrial Discovery of Prosecution Witnesses in State Courts, in 1A Criminal Defense Techniques, Chapter 11 (Matthew Bender)
Richard  Hong's headshot

Education

  • Fordham University School of Law, J.D.
  • Columbia College, Columbia University, A.B.

Bar Admissions

  • New York
  • New Jersey

Media & Insights