Joseph Boryshansky’s practice focuses on representing financial and banking institutions, investment management firms, private and public companies, and individuals in government enforcement investigations, regulatory audits and examinations, corporate governance and compliance matters, internal reviews, and litigation in federal and state courts.
Practice & Background
In more than fifteen years of practice, both in government service and in the private sector, Mr. Boryshansky has developed extensive experience in the securities laws. This experience extends across a wide array of matters, including issuer reporting and internal controls, valuation and disclosure, regulatory reporting, market manipulation, insider trading, investment advisory and broker-dealer compliance and regulation, money laundering, and accounting irregularities. Mr. Boryshansky regularly handles matters before a variety of federal and state governmental and regulatory agencies, including the Securities and Exchange Commission, the Department of Justice, the Commodity Futures Trading Commission, the Federal Reserve, the New York Department of Financial Services, as well as self-regulatory organizations such as the Financial Industry Regulatory Authority and the National Futures Association.
Mr. Boryshansky returned to the firm in 2014 after six years in government service at the SEC, where he worked as senior trial counsel in the agency’s Division of Enforcement. While there, he led the SEC’s enforcement efforts as lead counsel in several district court actions designated by the agency as national priority cases. Among the landmark matters he handled were an action against a major global investment bank for reporting and internal control violations that resulted in hundreds of millions of dollars in penalties, an action against a major multinational bank for proxy fraud in a highly-publicized M&A matter, and an action against a sizeable asset management firm concerning breach of fiduciary duty and compliance violations, among numerous others.
While at the SEC, Mr. Boryshansky also handled multiple investigative matters involving suspected violations of the broker-dealer registration, supervision, and compliance provisions; SEC Rule of Practice 102(e); unregistered securities offerings; Ponzi schemes; and a variety of other fraud and regulatory matters. In these and other cases, Mr. Boryshansky worked closely with attorneys at the Justice Department, the Commodity Futures Trading Commission (CFTC), the Federal Reserve, the Office of the Comptroller of the Currency (OCC), the UK Financial Conduct Authority, and the New York Attorney General’s Office. During his government tenure, Mr. Boryshansky received several SEC Enforcement Director’s Awards for distinction in investigating and prosecuting enforcement matters. Prior to joining the SEC’s trial unit, Mr. Boryshansky served as lead investigative attorney on several SEC matters that resulted in enforcement actions.
Mr. Boryshansky received his J.D. from Yale Law School, his B.C.L. from Oxford University and his L.L.B. from Essex University. He also previously served as law clerk to the Honorable Miriam Goldman Cedarbaum of the United States District Court for the Southern District of New York.
- representing a major global bank in a regulatory investigation resulting from whistleblower allegations of multi-billion dollar misvaluation of RMBS trading books
- representing a major global financial services firm in an SEC investigation relating to the last general obligation bond offering by the Commonwealth of Puerto Rico
- representing a major bank in examinations and investigations by state banking regulators regarding anti-money laundering and related controls
- representing a major hedge fund in regulatory investigation by the SEC, CFTC, and FCA regarding potential conflicts of interest related to proprietary assets
- representing a major bank in several regulatory enforcement investigations regarding regulatory reporting and supervision
- defending a multinational investment manager in litigation alleging complicity in LIBOR manipulation
- investigating and prosecuting an action in federal district court against former traders of a global investment bank stemming from their mismarking of a $150 billion credit derivatives portfolio
- investigating and prosecuting an action in federal district court against a major multinational bank for fraud in soliciting shareholder votes for the acquisition of another global financial firm in the aftermath of the financial crisis
- investigating and prosecuting an action in federal district court against a prominent CDO collateral manager for various investment advisory, fraud, and compliance violations related to trading of billions of dollars in residential mortgage-backed securities
- prosecuting an action in federal district court against a New York-based money management firm for misappropriation of tens of millions of dollars from its advisory clients
- prosecuting an action in federal district court against a New York-based brokerage firm and its officers for overvaluing a major bank’s holdings of natural gas derivatives by half a billion dollars
- investigating and prosecuting an SEC administrative proceeding against former traders of two major investment firms for sham round-trip trades of asset-backed securities worth tens of millions of dollars and related broker-dealer compliance violations
- prosecuting an action in federal district court against senior officers of a Fortune 500 company for widespread improper revenue recognition practices and related fraud and reporting violations
- prosecuting an action against a New York-based brokerage firm for the fraudulent marketing and sale of a multi-million dollar debenture offering
- prosecuting an action in federal district court against a broker of a major financial services firm for misappropriating millions of dollars in retail client assets and investigating related supervisory violations by the firm’s management
- investigating and settling potential fraud claims against a major investment bank in the marketing and sale of auction rate securities (ARS) in the lead up to the collapse of the ARS market.