Litigation, SEC Enforcement and White Collar Criminal Defense
Richard Marmaro is the head of Skadden’s West Coast SEC enforcement and white collar defense practice and has offices in Los Angeles, New York and Palo Alto. Mr. Marmaro is a fellow of the American College of Trial Lawyers, as well as the International Academy of Trial Lawyers. He has been called the “go to” white collar lawyer by the Daily Journal, and the publication has recognized him as one of the “Top 100” attorneys in California, and has named him one of the “Ten Top Lawyers of the Decade.” The Daily Journal also has recognized Mr. Marmaro as one of the leading white collar and SEC enforcement defense attorneys in California, and the Los Angeles Business Journal has included him on its list of “Who’s Who in L.A. Law.”
Mr. Marmaro consistently is recognized as a “leading lawyer” by Chambers Global and Chambers USA, and he repeatedly has been selected for inclusion in The Best Lawyers in America. He was one of 11 attorneys named to The National Law Journal’s annual “Winning” feature, which profiles highly successful litigators, and one of 34 attorneys named to their “Most Influential Lawyers” list of those who are “shaping the law, the economy and the physical fabric of the United States and the world.” Mr. Marmaro also was named “Litigator of the Week” by The Am Law Litigation Daily; was named “Attorney of the Year” by The Recorder; was recognized as a “Litigator in the Spotlight” by The American Lawyer; and was a finalist in 2010, 2011 and 2013 for the Chambers USA “Award for Excellence” in the area of “Litigation: White Collar Crime & Government Investigations.” In addition, he has been included in Who’s Who Legal — Business Crime Defense. Mr. Marmaro also was among the winners of California Lawyer magazine’s “California Lawyer Attorneys of the Year Awards,” which recognize lawyers throughout the state whose legal work has made a profound impact.
For more than 30 years, Mr. Marmaro has defended individuals and corporations successfully, both nationally and internationally, in all phases of complex civil, criminal and regulatory matters, including those involving allegations of insider trading, accounting and disclosure irregularities, violations of the Foreign Corrupt Practices Act, stock options backdating, market manipulation, financial frauds and wrongful termination. Mr. Marmaro has tried numerous cases in federal and state courts around the country, and he has conducted internal corporate investigations for Fortune 500 companies, involving allegations of stock options backdating, insider trading, tax violations and corporate opportunity issues. He has represented clients in their most formidable and difficult lawsuits and investigations, including the following:
- successfully defended William J. Ruehle, the former CFO of Broadcom, in the largest stock options backdating case brought by the federal government. In what only can be described as an extraordinary result, after a jury trial lasting nearly two months, Judge Cormac J. Carney of the Central District of California dismissed the indictment against Mr. Ruehle, dismissed the stock options backdating indictment against Broadcom co-founder Dr. Henry T. Nicholas, withdrew Broadcom co-founder Dr. Henry Samueli’s guilty plea and dismissed the case against him, and dismissed the pending SEC case against Mr. Ruehle, Drs. Nicholas and Samueli, and David Dull, the former general counsel of Broadcom;
- represented Greg Reyes, the former CEO and chairman of Brocade, in criminal, SEC and civil litigation in the first stock options backdating case to go to trial. The Ninth Circuit unanimously reversed Mr. Reyes’ conviction in his first trial based on prosecutorial misconduct;
- served as co-lead counsel in the successful defense of a former CEO and chairman of Columbia Savings & Loan, who was acquitted on all 60 criminal counts against him following a two-month jury trial;
- successfully defended the former CEO of Gateway in an SEC enforcement action where Mr. Marmaro prevailed at summary judgment; and
- represented executives of several leading corporations in SEC enforcement matters, including Critical Path (defense of former CEO); Gemstar-TV Guide (defense of former CFO of TV Guide); Peregrine Systems (defense of former controller); and Netopia (defense of former VP of sales).
Mr. Marmaro has represented Big Four accounting firms and their executives in civil, regulatory (SEC and PCAOB) and criminal litigation. He also has conducted internal investigations for accounting firms in SEC and PCAOB matters, which have included FCPA, fraud, breach of contract and negligence issues.
In addition, Mr. Marmaro routinely is retained by broker-dealers in connection with criminal and regulatory investigations by the DOJ, SEC, FINRA and the New York attorney general. These representations have involved IPO allocations, market timing and revenue recognition issues. Mr. Marmaro also has represented audit and special committees of public companies in connection with internal investigations into various allegations.
Mr. Marmaro has appeared on CNN, KNBC and CNBC as an “expert commentator” on SEC enforcement and white collar criminal issues. He is quoted frequently in such publications as The New York Times, The Wall Street Journal, The Los Angeles Times, The Washington Post, USA Today and Fortune magazine on issues relating to white collar criminal defense and SEC enforcement. He contributed to Navigating Today’s Environment: The Directors’ and Officers’ Guide to Restructuring (BeardGroup, Globe White Page Ltd., 2010) and is a frequent speaker at conferences and bar groups on trial techniques and defending SEC and white collar cases.
Mr. Marmaro has been on the faculty of the Attorney General’s Advocacy Institute at the U.S. Department of Justice, where he participated in training assistant U.S. attorneys from around the country. In addition, he has served as the president of the Los Angeles Chapter of the Federal Bar Association. He has served as the co-chairman of the Central District’s Attorneys Delegation to the Ninth Circuit Judicial Conference and as the co-chairman of the Trial Practice Committee of the ABA’s Litigation Section. Mr. Marmaro also has taught civil trial practice at Southwestern Law School.
Prior to entering private practice in 1984, Mr. Marmaro served as a law clerk to a federal judge in the Southern District of New York and as an assistant United States attorney in the Central District of California, where he was an assistant chief of the Criminal Division. As a federal prosecutor, Mr. Marmaro conducted and supervised numerous grand jury investigations and successfully prosecuted both individuals and companies for business-related crimes, and successfully argued numerous appeals before the Ninth Circuit Court of Appeals.
J.D., New York University School of Law, 1975 (Executive Editor, Journal of International Law and Politics)
B.A., George Washington University, 1972 (magna cum laude, Phi Beta Kappa)
Assistant U.S. Attorney for the Central District of California, Criminal Division, U.S. Department of Justice (1980-1984)
Attorney Delegate, Central District of California attorney delegation to the Ninth Circuit Judicial Conference
President, Los Angeles Chapter, Federal Bar Association (2001-2002)
“How to Get an Indictment Dismissed After a Tainted Government Search,” Business Crimes Bulletin, Compliance and Litigation, Vol. 6, No. 5 (June 1999)
“Aberrant Behavior Can Mean a Lighter Sentence,” Business Crime Bulletin: Compliance and Litigation, Vol. 4, No. 12 (January 1998)
“Contract Fraud: Minimizing Corporate Damage,” Defense Contract Litigation Reporter, Vol. 5, No. 9, (May 1992)
“Government Procurement Fraud: The Ever-Expanding Scope of Liability and Methods of Damage Control,” Corporate Criminal Liability - Representing Corporations, CEOs, Corporate Officers and the Impact of Sentencing Guidelines, P.L.I. (1991)
Co-Author, “The Procedural Rights of Third Parties in RICO's Post-Forfeiture Third-Party Ancillary Hearing,” White-Collar Crime Reporter, Vol. 3, No. 10 (November-December 1989)
“Protecting the Results of Internal Corporate Investigations,” White-Collar Crime Reporter, Vol. 1, No. 4 (July 1987)
“The Criminal Law and Technology Protection: Prosecuting a Dishonest Employee,” The Computer Lawyer, Vol. 2, No. 12 (December 1985)
“Domestic Criminal Proceedings Against Product Counterfeiting,” Product Counterfeiting: Remedies, P.L.I. (1984)