Christopher M. Ferguson

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 in 1994 and his J.D. from New York University School of Law in 1999. 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.


Christopher M. Ferguson Representative Matters

  • 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.

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Speaking Engagements

  • 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.

  • "When is Reliance Reasonable (And When Is It Not): Reasonable Cause and Reliance Upon Professionals As A Defense To Penalties," NYU Tax Controversy Forum, New York, NY, June 2010.

Bar Committees

Member, Criminal Law Committee, New York City Bar Association, 2010