James G. Cavoli

Partner

Contact
F +1 212.822.5172

New York

55 Hudson Yards

New York, NY US 10001-2163

T +1 212.530.5172

F +1 212.822.5172

James G. Cavoli is a partner in the New York office of Milbank LLP and a member of the firm’s Litigation & Arbitration Group. A nationally recognized trial lawyer and former federal prosecutor, Jamie has nearly three decades of experience advising clients on their most important litigation matters, both domestically and internationally.

White Collar Defense

With over 20 years of experience prosecuting and defending white collar matters, Jamie represents and advises companies, boards of directors and individuals in government enforcement matters, both criminal and civil, on a wide variety of subject areas. He also has substantial experience navigating parallel investigations by multiple government agencies (both domestic and foreign), conducting complex internal investigations, and advising on a variety of compliance issues and remedial actions.

Representative matters include:

  • The defense of Cooperative Rabobank U.A. in domestic and international LIBOR-related investigations conducted by the DOJ, the CFTC, numerous State Attorneys General, the UK FCA, the JFSA, and various other authorities (including an extensive internal investigation);
  • The defense of a major retail subsidiary of an international bank in a 4-year BSA/AML criminal investigation by the DOJ, which included a thorough internal investigation, related obstruction allegations, and a parallel OCC enforcement action;
  • The defense of a Global bank in a DOJ criminal antitrust investigation (and parallel EC civil inquiry) involving alleged collusion in relation to bond trading (including a comprehensive internal investigation);
  • Representation of an international financial institution in a criminal investigation involving alleged violations of US-Iranian sanctions;
  • Representation of numerous compliance and surveillance personnel in connection with a DOJ spoofing investigation;
  • Conducting an internal investigation for a major international bank regarding possibly inappropriate FX trading practices and the potential manipulation of ISDAFIX;
  • Conducting an internal investigation on behalf of a major retail bank stemming from whistle blower allegations of inadequate BSA/AML controls;
  • Conducting an internal review for a multi-national financial institution relating to possible front running of block futures trades;
  • Representation of an international bank in connection with the industry-wide auction rate securities investigation by the SEC and numerous state regulators;
  • Representation of the senior-most executives at one of the world’s largest banks in connection with a criminal antitrust investigation relating to potentially collusive agreements in relation to human resources;
  • Representation of individuals involved in various DOJ criminal antitrust investigations, including some accused of bid rigging, and criminal sanctions investigations;
  • Representation of the General Counsel of one of the world’s largest banks in connection with an investigation of the bank’s BSA/AML compliance program;
  • Representation of an individual allegedly involved in the Danish cum-ex tax scandal;
  • Representation of former executives at ratings agencies in connection with a SEC investigation relating to fraud and conflicts of interest regarding the rating of mortgage backed securities and other products;
  • Representation of a fund executive in a SEC investigation regarding potential fraud in relation to asset valuation;
  • Representation of an in-house attorney in the context of DOJ and CME investigations regarding futures trading and the alleged obstruction of CME inquiries; and
  • Representation of an investment bank executive in a DOJ investigation relating to CDS transactions.

Contested Private Civil Litigation

Jamie has substantial experience in private civil litigation, focusing primarily on securities and complex commercial disputes. He has defended five of the largest mutual fund complexes against excessive fee claims under the Investment Company Act of 1940, three of which he tried to victory in United States District Court in California and New Jersey. He also represented one of the world’s largest commercial banks in major litigation stemming from the Adelphia Communications bankruptcy, and several leading energy producers in international commercial disputes concerning LNG contracts. 

Background

From February 1998 to November 2005, Jamie served as an Assistant US Attorney, Criminal Division, in the Southern District of New York, where he led a variety of criminal investigations and successful prosecutions, focusing primarily on white-collar matters. He was a member of the Securities and Commodities Fraud Unit, where he handled cases involving accounting fraud, insider trading, and hedge fund manager bribery, and worked closely with SEC staff conducting parallel civil investigations. Jamie was also a member of the Major Crimes Unit, where he prosecuted health care, bank, mail and wire fraud, money laundering, sanctions, extortion, and obstruction of justice offenses, among others, and served as health care fraud coordinator. Jamie served as Deputy Chief Appellate Attorney for the Office as well, one of six supervisors in charge of overseeing briefing and argument of all appeals before the United States Court of Appeals for the Second Circuit. As an Assistant, he handled numerous jury trials and appellate arguments. Jamie began his career in 1992 at Rogers & Wells (now Clifford Chance LLP), specializing in antitrust litigation.

Recognition & Accomplishments

Jamie has been recognized by Chambers USA as a leading lawyer in Litigation: White Collar Crime & Government Investigations. He has also written several articles, including: 

  • “New Guidance from the DOJ Regarding the Inability to Pay Corporate Fines” (2019);
  • “‘U.S. v. Connolly’: The Consequences of Outsourcing Government Investigations to the Private Sector” (2019);
  • “New Corporate Co-operation Guidance from the UK Serious Fraud Office: Convergence and Divergence between the US and UK Regimes” (2019);
  • “Fund Profitability in Mutual Fund Fee Litigation” (2012);
  • “Pleading Fraud In New York: CPLR 3016(b)’s Heightened Pleading Standard and Why It’s Important” (2011);
  • “NSMIA Preemption and its Impact on the New York Attorney General’s Action Against Bank of America” (2010),
  • “The SEC’s Mutual Fund Fee Initiative: What to Expect” (2010); and
  • “Court Finds Implied Private Right of Action Under the Investment Company Act” (2009).

While in law school, Jamie served as the lead articles editor for the  Albany Law Review.

Additional Details
Education
  • Albany Law School, J.D.
  • Siena College, B.S.
Admissions
  • New York
  • US Court of Appeals for the Second Circuit
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York