Elliot G. Sagor heads Mintz and Gold’s Investigations, White Collar and Fraud practice. From 2001-2013 he was a partner at Hogan & Hartson LLP which then became Hogan Lovells US LLP in 2010. He is a former federal prosecutor with a distinguished record as a member of the New York defense bar. In over 40 years of high-stakes complex civil and criminal litigation practice, Elliot has obtained numerous favorable settlements and results for a diverse group of individuals, corporate, and multinational clients, directors, broker-dealers, accountants, and attorneys. He has represented clients in investigations where there are alleged violations of federal securities laws, tax, accounting fraud, antitrust, state securities laws, and FDA violations. Elliot has extensive experience in handling all types of trials, appeals, and pre-indictment advocacy before the United States Attorneys Offices, the SEC, DOJ, FINRA, New York State Attorney General, District Attorney, and other federal and state regulatory authorities.
Prior to entering private practice, Elliot was an Assistant U.S. Attorney for the Southern District of New York from 1970-76. He was a member of the Securities Fraud Unit and Public Corruption Unit, with a focus on the investigation and prosecution of complicated financial and securities frauds, including the grand jury investigation and indictment of Robert L. Vesco, the fugitive financier.
With a background in accounting and taxation Elliot tried many tax, securities, fraud, and corruption jury cases and argued their appeals before the Second Circuit. Prior to joining the U.S. Attorneys’ Office, Elliot served on active duty as a Lieutenant in the U.S. Navy Judge Advocate General’s Corps from 1967-69 and was awarded the Joint Service Commendation Medal in 1969. Before that he was a law clerk to Hon. Irving Ben Cooper, U.S. District Judge for the Southern District of New York.
Elliot lectures and writes on federal criminal issues, ethics, and discovery. He has lectured at the National Institute of Trial Advocacy (NITA), the Civil Litigation Seminar sponsored by the New York Law Journal, the Association of the Bar of the City of New York on ethics issues, including “The Ethics of Threats, and the Line between Extortion and Zealous Advocacy,” and at the ABA First National Institute on E-Discovery. He has also written several articles for the White-Collar Crime Reporter and other distinguished journals, such as the Litigation Journal of the ABA (on discovery) and has contributed to Business Crimes—A Guide for Corporate and Defense Counsel (Practicing Law Institute).
REPRESENTATIVE EXPERIENCE Represented the Government of The Bahamas in connection with the defense of nine of its citizens charged with counterfeiting in the Southern District of New York. Hired by the GOB to coordinate defenses by assigned counsel, advise Bahamian government on anti-counterfeiting measures, coordinate with U.S. State Department and handle press relations. All defendants received below guideline and non-incarceration sentences.
Obtained a dismissal on pleadings grounds for a defendant company sued in a RICO oil-for-food case in the SDNY which was affirmed on appeal before the Second Circuit. See Karim v. AWB, 2008 WL 4450265.
Represented the CEO of a dealer in credit default swaps in a FINRA investigation which was subsequently terminated without charges.
Represented a NYSE company in an antitrust grand jury price fixing investigation in Illinois in the plumbing and copper fittings industry. Obtained a declination from prosecution. There were parallel EU investigations in the copper tubing industry and in Canada.
Defended the President of a South American country in connection with a request by a foreign government to obtain bank account information in the United States. The legislative investigation ended without charges being brought.*
Represented the target of an investigation by the New York State Attorney General and the New York Stock Exchange involving alleged market timing. No charges were brought.
Appointed Employer Trustee of a Teamster Health and Pension fund by United States District Judge Harold Baer, Jr. Monitored Teamster pension fund, reviewed financials, had oversight responsibilities regarding costs, hired and supervised accountants and pension fund money managers. See Liss v. Smith, 991 F. Supp. 278, 313 (S.D.N.Y. 1998).
Appointed Trustee of a stock fraud restitution fund by recommendation of the US Attorney for the Eastern District of New York and by order of District Court Judge Sterling Johnson Jr.
Represented post-indictment the head of an Arizona broker-dealer who was indicted for a market manipulation of a listed security on the American Stock Exchange. Persuaded the SEC and U.S. Attorney to withdraw an indictment after making a presentation. The SEC did not bring any charges.
Represented the President of the U.S. subsidiary of a large Japanese pharmaceutical company in sodium gluconate international cartel price fixing and allocation of markets worldwide. Avoided jail penalty on behalf of the Associate Executive Director of the company’s Chemicals division in San Francisco, California.*
Obtained declinations on behalf of the presidents of two failed banks with losses of over $100 million.
Obtained the declination for the President of an Italian luxury goods company in a potential tax case.
Formerly Co-Chair of the ABA’s Criminal Justice Section subcommittee on Corporate Criminal Liability.
Formerly Head of Ethics Committee for the New York Counsel of Defense Attorneys.
Special counsel to the New York Senate Committee on Investigations and Taxation.*
* All Matters handled prior to joining the firm Publication:
“Martin Act Does Not Preclude a Private Litigant from Bringing a Non-Fraud Common-Law Cause of Action.” Co-author at Hogan Lovells (22 December 2011)