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Tracy A. Burnett

Partner
Tracy A.  Burnett's headshot
Tracy A. Burnett Partner

Tracy Burnett’s practice focuses on white-collar criminal and regulatory enforcement defense, internal investigations and complex litigation.

Tracy regularly represents corporations and individuals in criminal and civil matters brought by federal and state authorities and regulatory agencies, including the Department of Justice, the Securities and Exchange Commission, the Financial Industry Regulatory Authority (FINRA), the Manhattan District Attorney and the New York Attorney General’s Office. She is highly experienced in counseling clients in matters involving the securities laws, banking regulations, criminal and civil fraud, bribery and kickbacks, unfair and deceptive trade practices, money laundering, tax evasion, the Foreign Corrupt Practices Act, and the False Claims Act, among others.

In addition to her work on government investigations, prosecutions and regulatory enforcement actions, Tracy has conducted numerous internal investigations, advising companies on potential litigation risk, compliance-related issues, and best practices.

Recent successes include the outright acquittal of all criminal charges against an executive of a large national construction company brought by the Manhattan District Attorney’s Office after a 7-month trial, declinations by the government in matters including criminal tax fraud, public benefits fraud, and minority- and women-owned business enterprise fraud, successfully representing a fund manager in an investigation by DOJ stemming from allegations of securities, mail and wire fraud resulting in no charges, and winning a dismissal of a False Claims Act lawsuit against a multinational development company.  

In addition to her practice, Tracy is Secretary of the Women in the Legal Profession committee of the New York City Bar Association, and she was appointed to the Board of the Law Alumni of Color Association of New York University School of Law. She also serves on the boards of Planned Parenthood of Greater New York Action Fund and Planned Parenthood of Greater New York Vote PAC.

Tracy received a J.D. from New York University School of Law, where she served as Associate Editor of the Review of Law and Social Change. She received her B.A. from the University of Virginia. Prior to joining Morrison Cohen, she was a litigation partner at McLaughlin & Stern. She was previously an associate at Debevoise & Plimpton LLP and clerked for the Hon. Carl E. Stewart of the United States Court of Appeals for the Fifth Circuit.

Experience

  • Won an outright acquittal of all charges against an executive of a large national construction company brought by the Manhattan District Attorney after a 7-month trial over allegations arising from a crane accident at a high-rise construction project.
  • Represented regional subsidiary of a NYSE-listed construction company in parallel investigations by the United States Attorney for the Eastern District of New York and city, state and federal regulators over allegations of M/WDBE fraud that resulted in no criminal charges against the company, its executive or employees.
  • Represented an executive of a global medical device company in investigation by DOJ, FBI and DHHS regarding allegations of health care fraud and Anti-Kickback Statue violations in connection with company’s marketing and referral programs, resulting in no charges.
  • Represented a fund manager in an investigation by the U.S. Attorney for the Southern District of New York and the Securities and Exchange Commission stemming from allegations of securities, mail and wire fraud in connection with an alleged $100 million Ponzi scheme resulting in no charges brought by the DOJ, and settlement for simple negligence with the SEC.
  • Won Motion to Dismiss a False Claims Act lawsuit against a multinational development company over allegations of payroll and billing fraud.
  • Represented a NASDAQ-listed multinational telecommunications company in connection with investigations by and settlements with the Department of Justice and Securities and Exchange Commission over FCPA violations, following an extensive internal investigation.
  • Represented a prominent South American soccer executive in the “FIFA” indictment brought by the United States Attorney for the Eastern District of New York.
  • Represented Swiss bank executives in connection with a DOJ indictment relating to an alleged tax evasion scheme involving bank accounts in “tax haven” jurisdictions.
  • Counsel to the Audit Committee of a publicly traded cosmetics and personal care company in connection with an independent internal investigation related to the company’s books and records and led team of accountants in rectifying Company’s publicly disclosed material weakness.
  • Represented a specialty sub-contractor in parallel investigations by the U.S. Attorney for the Southern District of New York and the Manhattan District Attorney’s Office over allegations of payroll tax fraud and worker’s compensation fraud.
  • Represented founder and CEO of video streaming service in dispute with “Big Five” American film and entertainment studio in connection with copyright, employment and breach of contract claims.

Professional Activities

  • Secretary, Women in the Legal Profession Committee – New York City Bar Association
  • Board member, Law Alumni of Color Association of New York University School of Law

Recognition

New York University School of Law

  • Associate Editor, Review of Law and Social Change
Tracy A.  Burnett's headshot

Education

  • New York University School of Law, J.D.
  • University of Virginia, B.A.

Bar Admissions

  • New York
  • U.S. District Courts for the Southern and Eastern Districts of New York

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