The Trusted Advocate

Nelson A. Boxer

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OVERVIEW

Nelson A. Boxer represents corporations and individuals in criminal prosecutions, criminal and regulatory investigations, and in commercial litigation. A trial lawyer, he served as an Assistant United States Attorney in the Southern District of New York for seven years. In private practice, Mr. Boxer has been lead counsel in high-profile criminal and civil investigations and trials, involving securities, health care, banking, accounting, and tax, among other areas of law. Mr. Boxer also has extensive experience conducting corporate internal investigations domestically and abroad, and he has been engaged by regulators and corporations to serve as an independent corporate monitor.

Well known in numerous courts and jurisdictions, Mr. Boxer has a reputation for exceptional advocacy, integrity, and tenacious defense of his clients.

BIOGRAPHY

From 1991 to 1998, Mr. Boxer served as an Assistant United States Attorney for the Southern District of New York, where he investigated, prosecuted, and tried numerous cases and argued appeals in the United States Court of Appeals for the Second Circuit. In September 1997, he received the U.S. Department of Justice, Executive Office of U.S. Attorneys, Director’s Award. Before joining Petrillo Klein & Boxer, Mr. Boxer was co-leader of the Government Investigations practice at the prominent national law firm Alston & Bird LLP.

Mr. Boxer graduated from the University of Michigan magna cum laude in 1984 and was elected to Phi Beta Kappa. He earned his law degree from New York University School of Law in 1987.

Mr. Boxer served as a law clerk for The Hon. Arthur D. Spatt of the United States District Court for the Eastern District of New York, from 1989-1991.

NOTABLE ENGAGEMENTS

  • Mr. Boxer’s recent public litigation experience includes:
    • US v. Oztemel, et al., 23-cr-26 (KAD), D. Ct., FCPA prosecution, representing oil and gas trader whose company traded with Petrobas.
    • Arbeeny et al. v. Cuomo, et al., 22-cv-2336 (LDH), EDNY, representing the former Commissioner of the New York State Department of Health in purported class action alleging Covid-19-related claims. Motion to dismiss granted on Sept. 30, 2024. 
    • Preston Hollow v. Nuveen and Miller, 20-cv-5597 (PKC), SDNY, represented municipal bond portfolio manager in civil litigation. 
    • US v. Kaufman, 19-cr-504 (LAK), SDNY, 2021 trial defending former CEO and Treasurer of the Melrose Credit Union. Acquitted of conspiracy and bribery charges, convicted of accepting gratuities.
    • US v. Middendorf, 18-cr-36 (JPO), SDNY, 2019 trial defending former KPMG national managing partner for audit quality and professional practice, accused of defrauding the PCAOB and the SEC. Acquitted of SEC conspiracy charge, convicted of wire fraud PCAOB charges; Dec. 5, 2023, Second Circuit Order remanding appeal to district court to dismiss wire fraud counts; Dec. 7, 2023, Order of nolle prosequi issued in district court dismissing wire fraud counts.
    • Oakley v. Dolan, et al., 17-cv-6903 (RJS), SDNY, co-counsel representing former New York Knick Charles Oakley in assault and battery claims against Madison Square Garden.
    • People v. Chlupsa, 730-2018, NY County, 2019 trial defending former President of engineering, design, and consulting firm charged with bribery of employee of New York City Department of Environmental Protection and corrupting government. Acquitted of most serious felonies, convicted of lesser included offenses, and those convictions subsequently vacated and dismissed by June 2, 2020, court order.
    • US v. Petrossi, 16-cr-234 (BMC), EDNY, 2017 trial defending speaker at investment seminars in 2017 federal criminal securities fraud trial.
    • New York v. Mountain Tobacco Co.,. 942 F.3d 536, 549 (2d Cir. 2019), and 12-CV-6276 (JS), EDNY, represented a Native American-owned corporation in federal civil tax litigation.
    • US v. Gehring, 13-cr-748 (SDW) DNJ, defended executive of investment company in 2016 Sherman Act, bid-rigging criminal prosecution concerning New Jersey municipal tax lien auctions, in case brought by the Antitrust Section of the Department of Justice. Government dismissed the charge the day before jury selection.
  • MR. BOXER’S RECENT INVESTIGATIONS EXPERIENCE INCLUDES: Securities
    • Representing founder public shareholders in SEC Section 13 and 16 investigation.
    • Defended foreign national in DOJ and SEC securities fraud investigation.
    • Defended senior executive of public company in DOJ and SEC insider trading investigations.
    • Defended commodities trader in CFTC fraud investigation.
    • Defended a derivatives trader at investment bank in CFTC fraud investigation.
    • Defended CEO of public company in SEC stock price manipulation investigation.
    • Defended a foreign hedge fund in a SEC insider-trading investigation
    • Defended U.S. broker-dealer in a FINRA enforcement investigation.
  • Health Care
    • Representing employee of pharmaceutical manufacturer in civil qui tam action alleging Medicare fraud.
    • Represented employee of pharmaceutical manufacturer in DOJ price fixing investigation.
    • Represented employees of pharmaceutical manufacturer in SDNY qui tam investigation and litigation.
    • Represented senior medical officer of pharmaceutical manufacturer in D. Mass off-label promotion investigation.
  • Banking
    • Represented U.S. bank and investment advisor in SEC investigation regarding secondary market, private equity transaction.
    • Represented U.S. bank and broker-dealer in SEC investigation regarding sales practices.
    • US v. Commerzbank AG, 15-cr-31 (BAH), DDC. Represented Commerzbank A.G., in federal, New York District Attorney's Office, and Federal Reserve investigation of U.S. dollar clearing related to OFAC-sanctioned jurisdictions and entities.
  • Accounting
    • Represented Chief Accounting Officer of public company in SEC investigation of accuracy of financial reports.
    • Represented audit engagement partner in New York Attorney General Investigation of nonprofit organization’s financial statements.
  • Tax
    • Representing a bank in qui tam tax litigation with New York State.
    • Mr. Boxer’s recent internal investigations experience includes:
      • Conducted internal investigation of alleged age discrimination in corporate reorganization by public company for general counsel’s office.
      • Conducted internal investigation of alleged FCPA violation for a board committee of a public company.
      • Conducted internal investigation of alleged accounting impropriety for a public media company.
    • Mr. Boxer’s recent monitorships includes:
      • Served as Independent Review Organization of public pharmaceutical company, pursuant to Corporate Integrity Agreement with the Office of Inspector General of the U.S. Department of Health and Human Services.
      • Served as monitor of a New York City contractor in connection with a New York City Department of Investigation of fraudulent billing practices.
    • Mr. Boxer is regularly listed on The Best Lawyers in New York and the New York Metro Super Lawyers.
    • Mr. Boxer serves on the Board of Directors and as Counsel of the Cancer Research & Treatment Fund, Inc. (www.crt.org)