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Christopher M. Ferguson

Christopher M. Ferguson

Christopher M. Ferguson

Partner


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New York City
T: 212.808.8100
F: 212.808.8108

Christopher M. Ferguson is an experienced litigator who concentrates his practice on white-collar criminal defense as well as civil and criminal tax controversies and other regulatory enforcement matters. Mr. Ferguson also has extensive experience handling complex civil litigation.

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 investigations and prosecutions involving a variety of federal and state statutes, including the Internal Revenue Code, the Bank Secrecy Act, the Sherman Antitrust Act, the Davis-Bacon Act, the Fair Labor Standards Act, the federal mail, wire and bank fraud statutes, the federal securities laws, the New York City procurement rules and the New York Penal Code and New York Tax Code.

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, 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 & Fink, 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 the former Secretary of the Criminal Law Committee of the Bar Association of the City of New York and has published and spoken in the areas of white collar criminal and civil and criminal tax controversies.

Boston College, B.A. (1994), magna cum laude

New York University School of Law, J.D. (1999)

New York State, 2000

U.S.D.C. Southern District of New York, 2001

U.S.D.C. Eastern District of New York, 2001

  • Conducted internal investigation of not-for-profit affordable housing developer with respect to suspected embezzlement by an employee.  Obtained evidence of embezzlement that formed basis of employee’s termination and subsequent prosecution by the Manhattan District Attorney’s Office.  Recommended improvements to client’s internal policies and procedures aimed at preventing and detecting theft, waste, fraud and abuse.
  • Conducted internal investigation for quasi-governmental corporation into allegations of embezzlement and other misconduct on the part of several employees.  Investigation resulted in termination of one employee and implementation of recommendations for improving client’s policies and procedures aimed at preventing and detecting theft, waste, fraud and abuse.
  • Representation of employee of bidding agent in multi-jurisdictional Department of Justice bid rigging investigation into the municipal derivatives industry; persuaded government not to bring charges
  • Representation of registered representative at major investment bank in coordinated multi-agency investigation into mutual fund market timing; persuaded Department of Justice and SEC not to bring charges.
  • Representation of target of investigation into tax evasion and Bank Secrecy Act violations in connection with foreign bank accounts; persuaded government not to bring charges.
  • Representation of multiple taxpayers in tax shelter litigations in the federal district courts and tax court
  • Representation of insurance company in multi-jurisdictional litigation with an insurance conglomerate  involving claims of fraud and breach of contract.
  • Representation of principal of one of the largest Chinese food distributors on the East Coast in investigation of Bank Secrecy Act violations by United States Attorney’s Office; persuaded government not to bring charges.
  • Persuaded United States Attorney’s Office not to bring charges against chief executive of private company for tax evasion.
  • Representation of holders of foreign bank accounts in connection with voluntary disclosures before the Internal Revenue Service.
  • Representation of individual accused of engaging in mail and wire fraud by defrauding New York City in credit card scam; obtained sentence of two weeks where minimum recommended sentence under the United States Sentencing Guidelines was one year.
  • Representation of owner of construction company in Department of Justice prosecution for structuring offenses; obtained non-incarceration sentence following guilty plea.
  • Representation of hedge fund and hedge fund manager in IRS audit.
  • Representation of former partner in hedge fund in ownership dispute involving claims of fraud and breach of fiduciary duty.
  • Representation of California public utility in various adversary proceedings arising from bankruptcy.
  • Representation of former UFC world champion in contract dispute with former manager.
  • Representation of owner of New York City parking garages in shareholder dispute.
  • Representation of golf course in various contract disputes.
  • Panelist, “Update on International Voluntary Disclosure Procedures,” NYSSCPA International Tax Committee, Annual Conference, Baruch College, NY, NY, Jan. 30, 2020.
  • Panelist, “Following the Money: The Ins and Outs of Construction Industry Audits and Investigations,” NYU Tax Controversy Forum, New York, NY, June 20, 2019.
  • Panelist, “Advising Financial Institutions in Times of Uncertainty,” 2019 ABA Taxation Section Midyear Meeting, New Orleans, LA, January 18, 2019.
  • Member, Criminal Law Committee, New York City Bar Association, 2010