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Overview

Jason P. Hernandez is a Shareholder in the Litigation Department. His practice focuses on complex commercial litigation, financial institution regulatory matters, white collar criminal representations of institutions and individuals, and appellate advocacy. Prior to joining the Firm, Jason was Associate General Counsel at HSBC Holdings in New York City, where he was in charge of conducting global internal investigations for the bank involving the Foreign Corrupt Practices Act (FCPA), antitrust law, trade sanctions, and the Bank Secrecy Act/anti-money laundering laws, among other things.

From 2009-2014, Jason was an Assistant United States Attorney in the Southern District of New York. As an AUSA, Jason investigated and prosecuted cases involving financial fraud such as the FCPA, mail/wire fraud, complex tax offenses, money laundering, commercial kickbacks/bribery, securities fraud, Ponzi schemes, embezzlement, and health care fraud. As a prosecutor, Jason successfully tried five cases to a jury and argued five appeals on behalf of the United States in the Second Circuit Court of Appeals.

Jason clerked for United States District Judge Kenneth M. Karas in the Southern District of New York, and was a judicial extern for United States Circuit Judge (now United States Supreme Court Justice) Sonia Sotomayor. He also worked at a prominent international law firm for three years in Washington, D.C.

Jason graduated from the University of Michigan with a B.A. in Political Science in 2000, and from Columbia Law School in 2005, where he was a Harlan Fiske Stone Scholar.

Representative Experience

  • Lead counsel in a class action that achieved a $100 million settlement on behalf of a 179-member class of real estate investors. The settlement resolved claims that one of the largest commercial real estate firms in the world, and one of its employees, concealed and failed to alert our clients to an on-going multi-million dollar embezzlement scheme.
  • As a former AUSA in the Southern District of New York, Jason had first-chair responsibility in five jury trials, securing guilty verdicts in all five, including four defendants found guilty after a three-month trial in the largest tax shelter prosecution in U.S. history (U.S. v. Paul Daugerdas, et al.), a $1.5 billion fraud on the US Treasury. He also successfully argued five appeals before the Second Circuit Court of Appeals.
  • Obtained a $50 million Deferred Prosecution Agreement from a major accounting firm in connection with the marketing and sale of illegal tax shelters.
  • Prosecuted a 22-person health care fraud ring that submitted millions of dollars worth of fraudulent insurance claims to major insurance companies.
  • Led the grand jury investigation that resulted in the indictment of eight former Siemens officers, directors, and agents for violating the FCPA in a $1 billion bribe scheme in Argentina (U.S. v. Uriel Sharef, et al.).
  • Prosecuted a $40 million embezzlement from the Sandhogs union, the largest in U.S. history.
  • Prosecuted eight defendants for their roles in an honest services fraud scheme to pay $2.3 million in kickbacks to steer business contracts to the defendants.
  • Convicted Rudy Kurniawan, the largest wine counterfeiter in the world, after a one-week jury trial.
  • Secured convictions in several high profile art fraud cases, including Glafira Rosales, who was responsible for selling more than $80 million of fake modern abstract expressionist paintings through the Knoedler Art Gallery in New York City, and John Re who sold millions of dollars of fake Jackson Pollock paintings.
  • As a member of the US Attorney’s Office’s Money Laundering and Forfeiture Unit, Jason obtained tens of millions of dollars in civil and criminal forfeiture actions.
  • Lead counsel in a putative class action in the Southern District of Florida seeking $150 million for breaches of fiduciary duty by a publicly traded property management company.

Judicial Clerkships

  • Law Clerk, Honorable Kenneth M. Karas, U.S. District Court, Southern District of New York
  • Judicial Extern, U.S. Circuit Judge (now United States Supreme Court Justice) Sonia Sotomayor

Professional & Community Involvement

  • Adjunct Professor, Cardozo School of Law – Criminal Trial Practice Seminar, Fall 2013
  • Adjunct Professor, George Washington University Law School – Sentencing Seminar, Fall 2008
  • Special Professor of Law, Hofstra University School of Law – Sentencing Seminar, Fall 2007

Recognition

  • Chief Counsel’s Award from the Internal Revenue Service for the prosecution of the Jenkens & Gilchrist illegal tax shelters
  • The True American Hero award from the Federal Drug Agents Foundation

Publications & Presentations

Events: Regulating the Art Market: Will Ethical and Similar Considerations Spoil all the Fun
Benjamin N. Cardozo School of Law|November 2017

Publications: Degas or Dud? What You Can Do if the Artwork You Bought Is a Fake
Daily Business Review |December 2016

Publications: Feds Shift Focus to Money Laundering in Miami Real Estate
Daily Business Review|January 2016

Publications: The KPMG Tax Shelter Case and the Right against Self-Incrimination
Business Crimes Bulletin|December 2008

Publications: Presumptions of Reasonableness for Guideline Sentences after Booker
Federal Sentencing Reporter|July 2006

Publications: Blakely’s Potential
Columbia Journal of Law and Social Problems|January 2005

Publications: The Blakely Blog
January 2005

Publications: The Blakely Effect: Managing the Uncertainty
Business Crimes Bulletin|January 2004

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