Rachel MaiminPartner

New YorkT: +1 212.419.5876  |  F: +1 973.597.2400[email protected]

As a former Assistant U.S. Attorney in the Southern District of New York (SDNY), Rachel Maimin tried numerous cases to successful jury verdict. In her nine years as a federalprosecutor for the SDNY, Rachel worked on some of the office’s highest-profile matters, including United States v. Michael Cohen, where she acted as a senior prosecutor in theinvestigation and prosecution of the personal attorney to the President of the United States. She was also lead prosecutor on the largest-ever gang investigation and prosecution inNew York City history, which resulted in the arrest and prosecution of 120 leaders and members of two rival gangs.

Rachel applies her years of experience in the U.S. Attorney’s Office to advising and defending Lowenstein Sandler’s clients, including corporations, funds, and individuals targeted bythe DOJ, the SEC, FINRA, and other regulators alleging insider trading, securities fraud, wire and bank fraud, honest services fraud, racketeering, extortion, and bribery. She alsoprovides clients with vigorous defense against a variety of civil claims, including breach of contract, breach of fiduciary duty, and fraud. Rachel works closely with our Tech Group andInvestment Management group to advise businesses facing federal and state governmental inquiries. Her clients include startups; growth companies; venture, growth, and privateequity funds; and large financial institutions (along with their executives and boards) across the country and overseas, along with cryptocurrency platforms and brokers. Well-versedin technology, Rachel also leads internal corporate investigations concerning potential criminal violations, employee misconduct, and cybersecurity breaches.

Rachel thrives on understanding and simplifying (whether for a jury, corporate board, enforcement agency, or judicial panel) complex financial crimes (or the lack thereof). As aprosecutor, she was responsible for investigating and prosecuting matters relating to complex financial crimes such as fraud and money laundering, as well as large and complexcriminal organizations engaged in racketeering, narcotics, and violent offenses. Just prior to joining Lowenstein, Rachel was awarded the U.S. Attorney General’s 2017 David MargolisAward for Exceptional Service (the U.S. Department of Justice’s highest honor) and was named Homeland Security Investigations Prosecutor of the Year for her handling ofracketeering cases on behalf of the U.S. Department of Justice.

Sought out for her enforcement experience, Rachel also guides clients on compliance, working extensively with investment funds, startups, growth companies, and others seeking toproactively understand, manage, and mitigate their risk through compliance reviews, training, and designing/implementing customized, effective internal policies and protocols inareas including AML and anti-corruption.

Prior to her government service, Rachel practiced litigation at two prominent firms in New York City. She also clerked for the Hon. Joseph F. Bianco of the U.S. District Court for theEastern District of New York.

EXPERIENCE

Represent multiple witnesses in proceedings in federal court brought by the U.S. Department of Justice.

Represent a fund in a dispute regarding asset forfeiture with the U.S. Department of Justice.

Represent multiple entities being investigated by the Securities & Exchange Commission and other regulators.

Represent multiple creditors in various bankruptcy litigations, including depositions and other related proceedings.

Represent an entity in complex business divorce proceedings.

Represent members of a board of directors in a breach of fiduciary duty lawsuit.

Represent a party in a breach of contract suit in proceedings in New York State court.

Represent an employee accused of trade secret theft in an employment arbitration.

Conducting internal investigation on behalf of the board of directors relating to allegations of CEO misconduct.

Conducted an internal investigation into allegations of employee misconduct, including negotiation of separation agreement.

Advise funds on insider trading compliance and policy.

HONORS & AWARDS

Attorney General’s Award for Distinguished Service (2019)Received the Department of Justice’s second highest honor for the BMB/2Fly investigation and prosecution, the largest gang takedown in New York City history.

David Margolis Award for Exceptional Service (2017)Received the Department of Justice’s highest honor for the Trinitarios investigation and prosecution.

Homeland Security Investigations Prosecutor of the Year (2017)

NEWS & INSIGHTSPublications

November 8, 2021"Best Practices To Ensure DPA Compliance After Ericsson," Law360Robert A. Johnston Jr., Rachel Maimin, Lauren E. Van Driesen

November 3, 2021"DOJ 'Invigorates' Efforts to Combat Corporate and White Collar Crimes," White Collar Criminal Defense Client AlertRobert A. Johnston Jr., Rachel Maimin, Lauren E. Van Driesen

September 27, 2021"Second Circuit Affirms Legality of “Gag Orders” in SEC Settlements," White Collar Criminal Defense Client AlertRachel Maimin

May 26, 2021"SDNY Decision Makes It Harder for Employers to Recoup Legal Fees From Convicted Employees," White Collar Criminal Defense Client AlertRachel Maimin

May 5, 2021"Novel Securities Liabilities From the Coronavirus and Utilizing Insurance to Manage the Risk," The Review of Securities & Commodities Regulation, Rachel Maimin, Andrew Reidy, Joseph M. Saka

March 12, 2021"Translating SEC Exam Priorities Into Compliance Action Items," Law360Rachel Maimin, , Scott H. Moss, David L. Goret

March 5, 2021"New York Whistleblower Suit Results in $105 Million From Hedge Fund Manager Who Evaded Taxes," White Collar Criminal Defense Client AlertRachel Maimin, Kathleen A. McGee, Carly Coleman

March 5, 2021"New York Whistleblower Suit Results in $105 Million From Hedge Fund Manager Who Evaded Taxes," Business LitigationCarly Coleman, Kathleen A. McGee, Rachel Maimin

February 22, 2021"Takeaway From One of the 'Biggest Blunders in Banking History': Get Payment Notices in Order," Practical Guidance, Rachel Maimin

February 17, 2021"What to Take Away From One of the “Biggest Blunders in Banking History”: Get Payment Notices in Order," White Collar Criminal Defense Client Alert, Rachel Maimin

January 26, 2021"Anti-Money Laundering Act Requires Fresh Look at Compliance," Bloomberg Law, Rachel Maimin

January 14, 2021"Recent Amendments to the Securities Exchange Act of 1934 Strengthen the SEC’s Disgorgement Powers," White Collar Criminal Defense Client Alert, Rachel Maimin

January 7, 2021"Managing the Risk of Emerging COVID-19 Securities Liabilities With D&O Insurance," Insurance Recovery and White Collar Criminal Defense Client Alert, Rachel Maimin, Andrew Reidy, Joseph M. Saka

December 15, 2020"COVID-19 Regulatory Update: What the Cheesecake Factory Settlement With the SEC Means for Issuers," White Collar Criminal Defense Client Alert

, Rachel Maimin

November 9, 2020"The SEC Division of Enforcement Publishes 2020 Results," Investment Management and White Collar Criminal Defense Client Alert, David L. Goret, Rachel Maimin, Scott H. Moss,

September 24, 2020"White House Memo Directs Federal Agencies to Issue Rules on Fairness in Administrative Enforcement and Adjudication," White Collar Criminal Defense Client Alert, Rachel Maimin,

August 17, 2020"Likely Spike in Whistleblower Complaints Means PPP Loan Recipients Must Remain Vigilant," The Tech Group and White Collar Criminal Defense Client AlertRachel Maimin, Kathleen A. McGee

June 23, 2020"The Supreme Court Upholds the SEC’s Ability to Obtain Disgorgement," White Collar Criminal Defense Client Alert, Rachel Maimin,

May 28, 2020"A Bankruptcy Probe Primer For White Collar Attorneys," Law360Rachel Maimin, , Michael A. Kaplan, C. Patrick Thomas

May 6, 2020"PPP Loan Scrutiny Requires Immediate Borrower Attention," Law360Rachel Maimin, , Jamie Gottlieb Furia, Kathleen A. McGee, Rebecca J. Ryan

April 27, 2020"How To Avoid Federal Criminal and Civil Penalties in Connection With Applications for PPP Loans," New York Law Journal, Jamie Gottlieb Furia, Rachel Maimin, Kathleen A. McGee,

April 10, 2020"Significant Criminal Conviction Illustrates Importance of Experienced Sanctions Counsel," White Collar Criminal Defense Client AlertDoreen M. Edelman, Rachel Maimin, Abbey E. Baker, Christian C. Contardo

April 9, 2020"What DOJ Memo Means For Defense Attys Tackling Wiretaps," Law360, Rachel Maimin,

March 27, 2020"Best Practices for Responding to Subpoenas That Conflict With Foreign Data Privacy Laws," New York Law Journal, Rachel Maimin, Kathleen A. McGee,

February 3, 2020"New Rule of Criminal Procedure Can and Should Be Used to Assist Defense at Trial," White Collar Criminal Defense Client AlertRachel Maimin, ,

November 25, 2019"SEC Reports Modest Decline in Whistleblower Tips in 2019," White Collar Criminal Defense Client Alert, Rachel Maimin, Rebecca J. Ryan

November 13, 2019"The SEC Division of Enforcement Publishes 2019 Results," Lowenstein Sandler Client Alert, David L. Goret, Rachel Maimin, Scott H. Moss,

October 3, 2019"New York Attorney General’s Office Launches First-in-Nation Whistleblower Portal," White Collar Criminal Defense Client AlertRachel Maimin, Kathleen A. McGee

September 19, 2019"DOJ Ups the Ante on Spoofing Prosecutions," White Collar Criminal Defense Client Alert, Rachel Maimin, Rebecca J. Ryan

August 8, 2019"New Guidelines on Antitrust Compliance Programs Offer Chance to Avoid Criminal Charges," Lowenstein Sandler Client AlertJeffrey Blumenfeld, Rachel Maimin

June 27, 2019"A New Court Approach To DOJ And SEC Parallel Proceedings," Law360, Rachel Maimin, Jeffrey Blumenfeld

June 21, 2019"Key Takeaways From a Recent Development in the Theranos Case," White Collar Criminal Defense & Litigation Client Alert, Rachel Maimin, Jeffrey Blumenfeld

June 10, 2019"Home Depot Inc. v. Jackson: The Supreme Court Deals Class Action Plaintiffs a Major Victory," Litigation Client AlertRachel Maimin

June 3, 2019"Class Action Insights From Justices' App Store Opinion," Law360Leiv Blad Jr., Rachel Maimin

May 15, 2019"Attorney-Client Privilege Logs and Public Relations Firms: A Recent Warning in the SDNY on Maintaining the Privilege," Litigation Client AlertRachel Maimin,

May 10, 2019"What Gov't Outsourcing Ruling Means For Investigations," Law360Rachel Maimin

In the MediaOctober 12, 2021Rachel Maimin comments in Law360 on the prosecutorial strategy in the “Varsity Blues” case, which resulted in a swift conviction without calling to the stand the scheme’s“admitted mastermind.” Maimin says that she “expects the government to again lean on recorded conversations in the upcoming trials—especially if they are as damning as callsthe jury heard.”

June 15, 2021Rachel Maimin, partner in the firm’s White Collar Criminal Defense practice and former SDNY prosecutor, is quoted in the New York Law Journal’s article on the easing of COVID-19 restrictions in Manhattan’s federal courtrooms. Maimin says, “It will be immensely helpful for everyone to be able to see each other without masks in all of these key situations.… I personally have been and continue to be confident in the policies put into place by Chief Judge [Laura Taylor] Swain and feel safe and eager to be in court.”

March 23, 2021Rachel Maimin talks to Law360 about the nomination of veteran federal prosecutor Damian Williams to serve as the next U.S. Attorney for the Southern District of New York(SDNY), where Maimin herself served as an Assistant U.S. Attorney. She calls it a “groundbreaking choice,” adding that “it is a fairly unusual pick, since Damian would be the firstpresidentially-appointed USAO elevated from within the office in well over half a century.”In Law & Crime, Maimin further notes that Williams is “beloved among his peers at the office, who have worked alongside him for years and seen firsthand that he is anoutstanding colleague and leader.” She continues: “There was also a very competitive race for U.S. Attorney this year, with Damian competing for the nomination with much moresenior contenders. But his qualifications and reputation clearly won the day.”

March 10, 2021Lowenstein's representation of the Unsecured Creditors’ Committee of Parent Company of Balducci’s New York and Kings Food Markets in the confirmation of the Plan filed by theDebtors and approved by the court on February 22 is noted in the Global Legal Chronicle and PBV Monitor. The Lowenstein team was led by Joseph J. DiPasquale, Mary E.Seymour, Kenneth A. Rosen, and Jennifer B. Kimble and includes Lowell A. Citron, Rachel Maimin, Jeremy D. Merkin, and Craig Dashiell. View Lowenstein's newsannouncement about this representation.

September 10, 2020Lowenstein's retention as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case of KB US Holdings Inc., the parent company of Balducci’sNew York and Kings Food Markets, and several affiliates, is noted in the Global Legal Chronicle. The Lowenstein team is led by Kenneth A. Rosen, Mary E. Seymour, Joseph J.DiPasquale, and Jennifer B. Kimble and includes Rachel Maimin and Jeremy D. Merkin. View Lowenstein's news announcement about this retention. 

June 17, 2020Lowenstein's role in securing recovery for the benefit of the Official Committee of Unsecured Creditors (Committee) in the confirmed plan of reorganization in the Chapter 11bankruptcy cases of medical practice owner Hygea Holdings Corp. (Hygea) and its affiliates is highlighted in the Global Legal Chronicle. The Lowenstein team included Joseph J.DiPasquale, Robert M. Hirsh, Rachel Maimin, Eric R. Suggs, John P. Schneider, Phillip Khezri, Colleen M. Maker, and Jeremy D. Merkin. View Lowenstein's newsannouncement about this outcome.

July 9-14, 2019; August 12, 2019Rachel Maimin, a former SDNY prosecutor, provides commentary surrounding the Southern District of New York’s sex trafficking case against Jeffrey Epstein across variousmedia outlets. In CNN Maimin states, "It certainly is clear that [the agreement] only restricts the U.S. Attorney's office in Florida, so on its face it would appear to not precludeSDNY, but they have to be clear that this is a different crime…[T]he understanding assumes that the person is brought to justice in the original district, and he clearly wasn't here."She predicts: "There's going to be legitimate, real litigation about how the non-prosecution agreement plays into the case…I don't know if [Epstein's counsels' double jeopardyargument is] a winner at the end of the day because of the plain language of the agreement, but it sounds like that may be their best defense, because there seems to be anoverwhelming amount of evidence." In ABC News Radio, Maimin responds to the defense team’s argument that this latest proceeding is a “do-over for the feds” who, ten years ago,had allowed Epstein to plead guilty to lesser charges and enter a non-prosecution agreement in Florida. In the New York Post, Maimin notes that the judge overseeing his case isknown for having “little sympathy” for wealthy defendants who can afford to enjoy the comforts of home, while underprivileged defendants cannot. Later, Maimin comments forCNN on evidentiary issues arising from searches of Epstein’s properties in the ongoing sex-trafficking case against the now-deceased financier and others who may have been

involved in the alleged conspiracy. Maimin observes that prosecutors are likely to use materials seized from a search of his New York mansion before his arrest and that the videosand photos obtained may implicate other people in criminal activity. "Others wouldn't have standing to object to it because they have no privacy interest in the property,” shesays. “[I]f prosecutors are contemplating new charges beyond conspiracy, they may choose to obtain a new search warrant for the material out of an abundance of caution.”

May 10, 2019Rachel Maimin is quoted in CNN in an article discussing the conviction of five executives of Insys Therapeutics last week on racketeering charges. Maimin notes that theprosecution demonstrates that the Department of Justice is targeting all levels of the distribution chain to battle the opioid crisis.

April 1-9; April 29, 2019The growth of Lowenstein’s White Collar Criminal Defense and Capital Markets Litigation practices with the arrival of new partners Rachel Maimin and H. Gregory Baker ishighlighted in The New York Times, Law360 (April 1, 2019; April 29, 2019),  NJBIZ, Securities Docket, Law.com, Global Investigations Review, Bloomberg Law – Big LawBusiness, Reuters, The Deal, and the Commerce and Industry Association of New Jersey’s (CIANJ) Business Beat newsletter. Several of the articles note the new partners’previous high-profile government experience: Maimin as part of the Southern District of New York team that investigated and prosecuted President Donald Trump’s formerpersonal attorney Michael Cohen, and Baker’s extensive investigative work with the Department of Justice, the Federal Bureau of Investigation, the Internal Revenue Service, andother federal agencies. (subscription required to access certain content).

April 1, 2019The American Lawyer features Lowenstein Sandler’s recent “lateral hiring spree of government lawyers and prosecutors” in an article on the arrival of new partners and formergovernment litigators Rachel Maimin and Greg Baker. Both Maimin, former SDNY assistant U.S. attorney, and Baker, former senior counsel at the U.S. Securities & ExchangeCommission, praised Lowenstein’s “commitment to growing its white-collar practice,” in addition to the strength of its investment management and funds practice, as criticalelements attracting them to the firm. The piece notes that since former Attorney General of New Jersey Anne M. Milgram joined the firm in July 2017 as special counsel and former Attorney General of New JerseyChristopher Porrino returned to the firm in 2018, Lowenstein has welcomed several former prosecutors and government lawyers. The firm’s Litigation team now includes formerFirst Assistant Attorney General of New Jersey Peter Slocum; former Assistant U.S. Attorney, Eastern District of New York Ryan M. Wilson; former Assistant U.S. Attorney,Southern District of New York Elie Honig; and former Deputy Attorney General of New Jersey Shontae D. Gray. Porrino, Chair of the firm’s Litigation group, says that “he expected the firm’s ‘talent binge’ to continue. … ‘We’re focused on talent and we’re focused on experience and I thinkRachel and Greg are great examples of that.’” (This article also appeared in the New Jersey Law Journal and on Yahoo! Finance and Yahoo! News.) (subscription required toaccess certain content) View Lowenstein’s news announcement about Maimin and Baker joining the firm.

SPEAKING ENGAGEMENTS

Speaker, Analyzing the Latest Developments in Government Investigations and Enforcement, General Counsel, New York, NY, September 23, 2021

Panelist, AML and Bank Secrecy Act Compliance: Increased Enforcement and Customer Identification Requirements, Strafford, Webinar, September 9, 2021

Speaker, What Compliance Officers Need to Know About Recent Updates to BSA/AML Law, Compliance Week, Webinar, March 30, 2021

Speaker, A New Era for Private Fund Managers? What to Expect Under the Biden Administration , Lowenstein Sandler; Duff & Phelps, Webinar, March 11, 2021

Speaker, The Specter of Whistleblower Actions & the CARES Act: An Overview, Lowenstein Sandler LLP, Webinar, June 16, 2020

Speaker, DOJ and SEC Investigations: Best Practices for Asset Managers, ACA Compliance Group's Fall 2019 Compliance Conference, Lost Pines, TX, September 19, 2019

EDUCATION

Columbia Law School (J.D. 2004); senior editor, Columbia Law Review

Harvard University (B.A. 2001), magna cum laude

ADMISSIONS

New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

U.S. Court of Appeals for the Second Circuit

NEW YORK PALO ALTO NEW JERSEY UTAH WASHINGTON, D.C.

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