Eric Rosen
Founding Partner | Boston | New York
Eric Rosen, a graduate of Harvard University and Columbia Law School, is a nationally recognized former federal and state prosecutor based in Boston and New York. Eric has a nationwide practice which focuses on white-collar criminal defense, corporate investigations, and complex civil litigation, with a specialty of novel and cutting-edge issues involving money laundering, market manipulation, securities fraud, cross-border litigation and investigations, cryptocurrency and health care fraud. Eric is one of the leading crypto attorneys in the country.
Eric, a seasoned courtroom advocate, has successfully litigated, as lead and co-counsel, numerous cases before federal juries and arbitrators, along with handling countless evidentiary hearings, sentencings, and other legal proceedings. Eric has also argued more than 50 appeals. When zealous, aggressive advocacy is called for, and when clients are embroiled in crises and facing the most difficult times of their lives, Eric is retained. A renowned master in the courtroom, Eric was recently featured in Law360’s “The Spiciest Quotes Heard in Massachusetts Courtrooms in 2023” as it relates to his sentencing advocacy.
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Expertise in Complex Cross-Border Investigations
Eric also has significant experience with overseas and cross-border investigations and prosecutions, including those involving alleged violations of the Foreign Corrupt Practices Act (FCPA) as well as the use of Mutual Legal Assistance Treaties (MLAT), both as a prosecutor and as defense counsel. As examples, as a prosecutor in Massachusetts Eric conducted an investigation into FCPA violations by employees of PDVSA (Venezuela oil company), and as defense counsel Eric represented executives in the DOJ investigation into Odebrecht (Brazilian company) and its aftermath.
Eric served as an Assistant United States Attorney in Pittsburgh, Pennsylvania and Boston, Massachusetts for nearly nine years, and before that, he was an Assistant District Attorney in New York. As a federal prosecutor, Eric prosecuted hundreds of defendants for a wide variety of federal crimes, including: wire and mail fraud, securities fraud, investor fraud, bribery, health care fraud, drug misbranding, money laundering, drug trafficking, racketeering, smuggling, and firearms offenses. Eric developed significant expertise in securities fraud cases (including parallel investigations with the SEC), money laundering cases, bribery charges, and cases with international components.
Former Lead Prosecutor in Operation Varsity Blues
As a federal prosecutor, Eric was the lead attorney in “Operation Varsity Blues,” the seminal case widely known as the college admissions scandal, one of the largest white-collar crime prosecutions in United States history. In March 2018, Eric, while leading an unrelated securities fraud investigation, began “Operation Varsity Blues,” the investigation that led, a year later, to charges against more than 50 individuals for fraud, bribery, racketeering and money laundering offenses related to the college admissions process. Eric’s work in the landmark prosecution, which generated significant worldwide media attention, was widely profiled by national and international publications and media outlets, including the Boston Globe, the New York Times, CNN, the Washington Post, Los Angeles Times, USA Today, and Netflix. Eric’s role as the lead prosecutor was chronicled in the July 2020 book “Unacceptable,” written by two Wall Street Journal reporters, Melissa Korn and Jennifer Levitz, the July 2022 book “Bad City,” by Los Angeles Times reporter Paul Pringle, and a 2024 podcast called “Infamous” put out by Sony Music Entertainment. Eric is also regularly called upon by the media to speak about other, non-Varsity Blues related, news, including publications such as Coin Telegraph, Fortune, Trading View, and the Wall Street Journal, amongst others.
Eric began his legal career by serving for three years as an Assistant District Attorney in Manhattan, followed by a one-year clerkship with federal Judge Robert P. Patterson, Jr. of the Southern District of New York. Prior to founding Dynamis LLP, Eric was a partner at an elite litigation boutique with offices in New York, Boston and Miami.
Contact Eric About Your Matter
Email Eric: erosen@dynamisllp.com to schedule a time to speak.
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Since leaving the DOJ in Boston, Massachusetts, Eric, who specializes in white-collar defense, has represented dozens of individuals in all types of white-collar investigations, disputes and enforcement matters nationwide, involving federal, state and local regulators, often achieving remarkable and unprecedented success in many of the matters he has handled, such as having the Indictment of seven individuals dismissed a week before trial.
Because of this, Eric’s clients frequently seek him out for their toughest and thorniest problems that require considered legal analysis and strategy. Email Eric: erosen@dynamisllp.com to schedule a time to speak.
Defending John Rybarczyk, aka “Ultra Calls,” a prominent Twitter influencer, who was arrested and charged with securities fraud together with seven others as part of the landmark “Atlas Trading” case. Seizing on the recent Supreme Court decision in Ciminelli v. United States, Eric succeeded in securing the dismissal of the Indictment on the eve-of-trial on behalf of both his own client as well as all the other defendants. The briefing and analysis that resulted in this rare event is detailed here. Eric is currently representing Mr. Rybarczyk before the Fifth Circuit Court of Appeals.
Defended a prominent doctor in health care fraud investigation by the FBI and Department of Justice in the District of Massachusetts. When Eric, a prominent Boston white-collar defense attorney, took over the case from prior counsel, the DOJ threatened to arrest the doctor the next week for charges related to the distribution of Schedule II controlled substances and health care fraud. Eric and his team fought back against the government, churning through tens of thousands of documents in the first week alone to create compelling presentations outlining the doctor’s innocence, and ultimately convinced DOJ to decline to press all charges - even forgoing civil sanctions.
Defending Steve Gallagher in first-of-its kind parallel investigation and charges brought by the Securities and Exchange Commission and the Department of Justice (Southern District of New York) alleging “scalping” as part of a “pump and dump” securities fraud scheme orchestrated over Twitter by an influencer using the screen name “Alex DeLarge.” Although client faced multiple years in prison after his arrest based on a charged loss amount of $1.2 million, Eric and his team ultimately achieved a “no jail” sentence for client in the criminal case (6 months) after convincing the government to drop nearly all the charges and adjust the loss amount down to just $21,000, a decrease of 98%. The parallel SEC remains ongoing in the Southern District of New York.
Defending prominent European banker in novel money laundering and FCPA case related to the DOJ’s sprawling Odebrecht investigation. Despite being threatened with nearly 20 years in prison upon his arrest at Newark Airport in the spring of 2021, Eric and his team convinced the DOJ to reduce the charges significantly, and ultimately, the individual pled guilty to a 371 conspiracy charge and was allowed to travel abroad prior to sentencing (which has not been scheduled).
Defending individual in District of Massachusetts investigation related to PPP-fraud. The DOJ accused Eric’s client of running a large-scale “middleman” operation related to the distribution of fake masks and PPP during the pandemic, as well as price gouging. Eric’s client was supposed to be arrested within weeks, after being represented by other counsel for more than a year. Eric took over the case two years ago in anticipation of taking the case to trial, but the DOJ still has not brought charges due to Eric’s zealous advocacy on behalf of his client.
Defending uncharged co-conspirator in recent crypto “market manipulation” takedown in the District of Massachusetts. Given Eric’s expertise in crypto-assets and securities, Eric, a Boston-based white-collar defense attorney, was quickly retained to represent an individual in need of his services in this unique case.
Representing real estate owner in civil securities fraud complaint filed by the Colorado securities commission in state court in Colorado. The Colorado securities commission, through the Attorney General’s office, filed a complaint against a real estate developer alleging that Eric’s client engaged in fraud amounting to a nearly $2 million loss to investors. After months of aggressive advocacy that pushed back on the Commission’s charges, the Commission relented and ended the case with no fine or monetary penalty and a “no admit no deny” resolution of the allegations.
Defending individual in parallel Department of Justice and Securities and Exchange Commission insider-trading charges in the District of Massachusetts. Eric, a Boston white-collar defense attorney, represented a prominent entrepreneur from the day he was approached by the FBI in June 2021 through the present, with the case now having been transferred to the Southern District of Florida. After the individual dropped out of cooperation with the FBI, the DOJ retaliated and demanded a sentence of 48 months in prison based on multiple million dollar gain. Due to Eric’s zealous advocacy and oral argument at sentencing, Eric ultimately obtained a sentence of 12 months and 1 day in prison, far short of the Government’s demand. Eric’s advocacy and ingenuity at sentencing was deemed by Law360 to be amongst the “Spiciest Quotes Heard in Massachusetts courtrooms” in 2023.
Represented individual in Department of Justice led asset crypto-asset seizure and investigation in the District of Colorado. Mark Shin was accused of stealing more than $10 million in crypto-assets obtained through a bug in the software. Eric successfully convinced the Department of Justice not to bring any charges and ultimately, the case was transferred to local authorities in Colorado, who later dropped the case entirely.
Represented key executive in securities fraud revenue recognition case spearheaded by the DOJ and FBI in the District of Rhode Island, together with the parallel SEC action. Eric represented the individual in numerous proffer sessions in Providence, Rhode Island.
Representing former executive at the bankruptcy crypto company, “Celsius.” Eric successfully convinced the Department of Justice and Securities and Exchange Commission not to charge the executive, and also convinced, in a series of presentations, the executive’s new employer to allow the executive to remain employed after news of the bankruptcy broke. In addition, Eric currently represents the individual in a Celsius-related class action (on the defense) and in Celsius’ bankruptcy proceedings.
Represented senior banking executive in SEC investigation into use of personal devices for work-related business. No action was taken against the executive.
Represented owner of crypto-oriented venture capital fund in testimony before the SEC. No charges were brought against this executive.
Representing the New York City Early Learning Corporation (NYCELC), a large New York-based school system, after its owner was arrested on federal program theft charges. In one of his most difficult, and successful representations, when NYCELC’s owner was arrested on “666” federal charges in January 2023, the school turned to Eric to navigate its future. Multiple agencies, from Head Start to NY’s Administration for Child Services, cut off funding for the school. Through a combination of aggressive litigation and engagement with the regulators, Eric kept the school alive, conducted an internal investigation, responded to a federal grand jury subpoena, and ultimately convinced federal, state and local agencies to restore funding to the school.
Defending multiple individuals in international money laundering investigations brought by Money Laundering and Asset Recovery section and Foreign Corrupt Practices Act section of the Department of Justice.
Representing key witness in national security investigation brought by federal prosecutors in the District of Massachusetts involving export controls related to shipments to China. Eric zealously represents and prepares individuals for testimony and proffer sessions, even when they are not accused of committing any crimes. It is critical to properly and thoroughly prepare before meeting with regulators in order to avoid surprises as the investigation progresses.
Represented agency that administers standardizes tests in civil Department of Justice inquiry related to the Americans with Disabilities Act. The Department of Justice, based out of the Eastern District of Pennsylvania, has launched a nationwide investigation into various standardized testing agencies to ensure that the agencies provide sufficient accommodations to test takers with disabilities.
Representing celebrity marketing executive in federally charged securities fraud case in Cleveland, Ohio based on allegations that the defendant played a minor role in helping to facilitate a “pump and dump” of the stock HIPH. Eric is lead counsel in this alleged pump and dump case that allegedly involved the use of boiler rooms to pump up the price of the stock.
Represented individuals under investigation by the Massachusetts state police. No charges were brought against these individuals.
Representing former real estate executive in parallel Department of Justice and Securities Exchange parallel investigation related to the meltdown of a real estate company. Eric is helping the client navigate the waters when the client is facing investigations by multiple regulators.
Representing large financial institution in Massachusetts Securities Division investigation related to the registration of investment advisors.
Representing individual in FINRA investigation. FINRA is investigating alleged cheating in “continuing education” as it relates to various licenses. Eric is representing this individual in this matter out of Boston and New York.
Represents employee of bio-tech company in qui tam lawsuit in the District of Massachusetts. This case is now being investigated and prosecuted by the Department of Justice.
Eric also has represented numerous clients in one-off investigations and testimony before the Securities and Exchange Commission.
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Eric represents individuals and companies nationwide in complex civil litigation cases in both federal and state courts (and arbitration tribunals) ranging from antitrust to consumer class-arbitrations. Feared in depositions (and trial) for his aggressive, commanding cross-examination skills, Eric represents clients on both sides of the “V” - plaintiffs and defendants. Email Eric: erosen@dynamisllp.com to schedule a time to speak.
Represented plaintiff in dispute with former company in the Commercial Division in Massachusetts Superior Court. The company and its venture capital funders had expelled the executive who then sued the company for breach of fiduciary duty, amongst other causes of action. Eric took over the case from another law firm who had been representing the client for three years, and after extremely aggressive maneuvering in discovery and motion practice, Eric achieved a significant settlement for the client in just six months.
Represented 118 individuals in a mass-arbitration in AAA against Coinbase for alleged product liability and negligence as it relates to the design of the Coinbase Wallet.
Representing multiple clients in antitrust claims publicly filed against Activision-Blizzard for a monopoly related to its Call of Duty video game. Eric is currently leading the case against the company in ICC arbitration on behalf of multiple clients.
Represented individual in dispute with employee concerning the ownership percentage of a company as the company prepares for sale. Eric successfully negotiated the resolution of this case, which was settled before a complaint had been filed.
Representing defendant Shipyard Software (and cross-claimant) in highly complex dispute with its venture capital funder, Polychain, over the valuation of crypto-assets. Achieved highly beneficial settlement after litigating in Delaware Chancery Court.
Representing multiple whistleblowers, as examples:
In complaint to SEC concerning the alleged revenue and profits at the whistleblower’s company; representing an individual who filed a false claims act case in the biopharma;
In a complaint filed with OSHA, alleging that a large, multinational bank violated the Sarbanes-Oxley Act;
In a complaint filed in 22 different states concerning the unlawful retention of funds by national banks; and,
In a False Claims Act case filed in the District of Massachusetts in the biopharma space.
Representing whistleblower in retaliation claim made under provisions of the Sarbanes-Oxley Act related to the individual’s role as an investment banking executive. Given Eric’s background and experience, Eric is adept at handling complaints made to various regulatory agencies such as, in this case, OSHA. Eric is also exploring parallel whistleblower action before the SEC.
Representing individual in state court action in Texas in responding to claims of fraud.
Eric has represented numerous lead plaintiffs in securities fraud class-actions filed in federal courts nationwide.
Representing tech executive in third-party deposition related to the dissolution of an investment management company.
Representing bio-tech company executive in Massachusetts in employment dispute related to alleged retention of key trade secrets.
Representing companies in Colorado bankruptcy action where individual owning the company has been accused of a large-scale fraud in an attempt to remove assets from the bankruptcy estate.
Represented individual in dispute with the social media platform “LinkedIn.” Eric successfully convinced LinkedIn to allow the individual to continue to use the platform.
Represented individual in defamation and breach of fiduciary case related to his forced expulsion from a start-up hedge fund. Eric achieved significant settlement on behalf of the individual after litigating through a motion to dismiss.
Representing nearly 30 investors in potential claims against crypto-asset company for alleged diversion of funds in federal court in Delaware.
Represented large corporation providing services to penal institutions nationwide. Helped company navigate new laws related to the provision of telecommunications services to inmates in Massachusetts.
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Eric, a Boston-based white-collar defense attorney, has a national cryptocurrency litigation and disputes practice.
Eric is also one of the few practitioners in Boston and New York to focus on crypto-asset litigation. Eric has represented individuals in white-collar crypto matters, crypto disputes, disputes with various regulators, and he also provides AML/BSA advice. These can be extremely complex matters that require someone with the experience is get results. Email Eric: erosen@dynamisllp.com to schedule a time to speak.
Defended individual in federal civil asset forfeiture proceedings and parallel criminal computer fraud and abuse act investigation related to a crypto-asset “Bug” in the ICX blockchain in the District of Colorado. After multiple presentations to federal prosecutors, the DOJ declined to bring a federal case.
Defending senior executive of bankrupt Celsius, a crypto-asset company, in federal investigations (DOJ, CFTC and SEC), bankruptcy court and class action. Eric fended off various federal regulators, and is now helping the client navigate the Celsius bankruptcy proceeding and a class action in New Jersey.
Represented decentralized crypto exchange in Delaware Chancery Court lawsuit brought against the exchange by one of its investors related to contractual language regarding the provision of tokens to the investor.
Representing individual in crypto Ponzi scheme investigation in the Southern District of Ohio. Individual was subject to investigation by both the Department of Justice and the Commodities and Futures Trading Commission. After aggressive response to the various regulators, no charges were pursued. The best defense, at times, is a robust offense.
Defending uncharged co-conspirator in recent crypto “market manipulation” takedown in the District of Massachusetts. Given Eric’s expertise in crypto-assets and securities, Eric was quickly retained to represent an individual in need of his services in this unique case.
Representing class of individuals in large-scale class action in Delaware against the crypto company “Portal.” Eric is the lead attorney in a class-action on behalf of a group of investors suing the crypto company Portal for fraud and misuse of investor funds.
Representing individual in crypto-currency escrow account dispute.
Representing crypto-mining company executive in “Founder’s dispute.” Successfully negotiated resolution of case where ousted former owner of crypto-mining company threatened suit in Texas.
Representing 118 individual claimants in mass arbitration against Coinbase for securities flaw in the Coinbase Wallet.
Represented non-fungible token (NFT) company in responding to online attacks.
Represented foreign defendant in a class-action concerning an initial coin offering that was litigated in federal court in the Western District of Pennsylvania. Negotiated successful resolution to the case on behalf of client located abroad.
Representing foreign crypto-asset management company in asset recovery investigation and litigation;
Representing crypto-asset investors in internal investigation related to crypto-trading;
Providing advice related to AML/BSA for a decentralized crypto exchange.
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Columbia Law School, J.D. (2005)
School of Oriental and African Studies, LLM (2005)
Harvard College, B.A. cum laude in Government (2000)
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Massachusetts
New York
U.S. District Court: Southern and Eastern Districts of New York
U.S. District Court: District of Massachusetts
U.S. District Court: Western District of Pennsylvania
U.S. District Court: Colorado
U.S. District Court: District of Columbia
Appeals Courts: Second, Fifth and D.C. Circuits
