Sharon L. McCarthy

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Sharon L. McCarthy

Partner

Sharon L. McCarthy has broad experience representing individuals and corporations in white collar criminal matters, and civil and criminal tax controversies. Her cases have included government investigations of tax fraud, securities fraud, including insider trading and market manipulation, bank fraud, accounting fraud, violations of the Foreign Corrupt Practices Act, failure to file tax returns, antitrust violations, and attorney misconduct. Ms. McCarthy also conducts sensitive internal investigations for institutional clients facing potential criminal charges, and assists clients in voluntarily disclosing off-shore assets.

Sharon McCarthy Representative Matters

•  Obtained acquittal of Denis Field, former CEO of BDO Seidman, in a major tax shelter trial in the Southern District of New York.

•  Representation of garment industry manufacturer in connection with federal investigation into payroll, corporate, and personal tax evasion involving millions of dollars in unpaid taxes.  Successfully obtained a probationary sentence.

•  Representation of sole shareholder of Subchapter S corporation in federal tax fraud investigation, resulting in corporate plea with no charges against the individual.

•  Representation of commodities trader in connection with fraud investigation by the United States Attorney's Office for the Southern District of New York, the New York County District Attorney's Office, the Securities and Exchange Commission, and the Commodity Futures Trading Commission.

•  Representation of dozens of holders of foreign bank accounts in connection with voluntary disclosures before the Internal Revenue Service (criminal investigation and civil audit) and numerous state taxing authorities.

Background and Experience

  • Special Counsel to the Attorney General for the New York State Police Investigation, Office of the New York State Attorney General
    (May 2008 – March 2009)
     

Served as lead counsel in an investigation into whether there had been political interference with the New York State Police.  Supervised a team of attorneys and investigators.

  • Assistant United States Attorney, United States Attorney’s Office for the Southern District of New York  (1994 – 2006)
     

Extensive experience as lead counsel and supervisor of numerous federal criminal jury trials, hearings, evidentiary hearings, oral arguments, plea proceedings, and sentencings.  Briefed and argued numerous appeals before the Second Circuit Court of Appeals.

  • Chief, Violent Crimes Unit
    (July 2002 to September 2006)
     
  • Deputy Chief, Criminal Division
    (January 2001 to July 2002)
     
  • Honors:   Recipient, Director’s Award for Superior Performance as an Assistant United States Attorney (1996 and 1999)
     
  • Associate, Lankler Siffert & Wohl (1991-1994)
     
  • Law Clerk, Honorable John F. Keenan
    United States District Judge for the Southern District of New York (1989 - 1991)


Significant Cases in the United States Attorney's Office

Significant Cases in the United States Attorney's Office with Principal Supervisory Responsibility

Awards and Recognitions

  • Ms. McCarthy has been recognized by "New York Super Lawyers" in the field of white-collar criminal defense since 2009.
     
  • Martindale-Hubbell AV Rating
     
  • Ms. McCarthy has been listed in Best Lawyers in America since 2011.


Speaking Engagements

  • Panelist, “Ask the Experts” ABA Criminal Tax Fraud and Tax Controversy Conference, December 2013
     
  • Panelist, “Cross Examination of the Cooperating Witness and Working with Co-Counsel in the Multi—Defendant Case,” New York State Association of Criminal Defense Lawyers, Cross to Kill 2013
     
  • Panelist, “Mind Games:  Challenging Intent, Winning the Case,” National Association of Criminal Defense Lawyers, Annual Defending the White Collar Case – In and Out of Court (Fordham Law School, September 2011)
     
  • Lectured newly admitted attorneys in the First Department on civility, professionalism, and pro bono work (2010)
     
  • Panel member, Human Trafficking, International Rescue Committee, April 2004
     
  • Panel member, Dealing with Cooperating Witnesses, New York Council of Defense Lawyers, November 2004
     
  • Panel member, Women in Criminal Law, New York County Lawyers’ Association, December 2003
     
  • Panel member, Sentencing Guidelines post-Apprendi, New York City Bar, March 2002
     
  • Lectured at the National Advocacy Center on the use of the RICO and Violent Crimes in Aid of Racketeering statutes in prosecuting violent criminal enterprises
     
  • Instructed Assistant United States Attorneys in witness preparation and trial practice
     

Professional Associations

  • Member, Committee on Character and Fitness, Appellate Division, First Judicial Department
     
  • Chair, Criminal Law Committee, New York City Bar Association (2012 - Present); member, 2007 - 2010
     
  • Former Member, Government Ethics Committee, New York City Bar Association
     
  • Member, Committee on White Collar Litigation, New York State Bar Association
     
  • Member, New York Council of Defense Lawyers
     
  • Appointed by New York City Police Commissioner to the Crime Reporting Review Committee - Report issued in April 2013