Mr. Ferguson represents clients in both federal and state courts, as well as before governmental agencies and other regulatory bodies, including the U.S. Department of Justice, the Internal Revenue Service, the Securities and Exchange Commission, FINRA, the New York Attorney General’s Office, the U.S. Department of Labor, the New York City Department of Investigations and the Manhattan District Attorney’s Office. He has defended clients in federal and state investigations and prosecutions involving allegations of tax fraud, securities fraud, anti-trust violations (bid rigging and price fixing), Bank Secrecy Act violations, mail and wire fraud, CARES Act fraud, prevailing wage fraud, theft of government services, fraud related to state and local Minority and Women Business Enterprise (“MWBE”) programs, and other violations of federal and state law.
In his civil practice, Mr. Ferguson has represented both plaintiffs and defendants in a variety of complex commercial matters, including wage and hour class actions, tax shelter litigations, government procurement matters and commercial litigations involving breach of contract, breach of fiduciary duty, fraudulent conveyances, civil fraud, civil RICO, civil forfeiture and similar claims.
Mr. Ferguson also conducts internal investigations for institutional clients whose officers and/or employees have been suspected or accused of wrongdoing.
Mr. Ferguson received his B.A., magna cum laude, from Boston College and his J.D. from New York University School of Law. Prior to joining Kostelanetz LLP, he served as a law clerk to the Honorable Jay C. Waldman of the United States District Court for the Eastern District of Pennsylvania, and was associated with the law firm of Dewey Ballantine, LLP, where he practiced in the areas of complex commercial, antitrust, and bankruptcy litigation.
Mr. Ferguson is recognized in Super Lawyers and is a member of the New York Council of Criminal Defense Lawyers. He is also the former Secretary of the Criminal Law Committee of the Bar Association of the City of New York and has published and spoken extensively in the areas of white collar criminal and civil and criminal tax controversies.