Jerome Tomas

Jerome has extensive experience representing clients in government litigation and enforcement investigations before the SEC, DOJ, various United States Attorneys Offices and the Commodities Futures Trading Commission . On multiple occasions, he has obtained complete declinations of enforcement action from federal and state agencies. Jerome has handled investigations and prosecutions relating to the FCPA, securities fraud and manipulation, SEC reporting-related misconduct, financial statement disclosures, auditor independence, insider trading, commodities manipulation, money laundering, the Food Drug and Cosmetic Act, including the Responsible Corporate Officer Doctrine, the US wire and mail fraud statutes and OFAC-related matters, among others.

With his experience as a former member of the SEC Division of Enforcement’s Cyberforce, the agency’s internet and cyber fraud unit, Jerome regularly advises companies involved in data security breaches and incident response, including navigating through initial reports of potential compromise, to investigating, coordinating, and reporting to federal and state authorities, consumer notification and ultimately remediating.

Jerome also regularly advises multinational companies on risk mitigation and compliance in the context of international mergers and acquisitions, other business combinations, and general corporate transactions. He has advised on anticorruption and trade compliance in transport, telecommunications, mining, oil and resource extraction, chemical, defense, pharmaceutical, health care, agriculture, technology, hotel, travel, hospitality, consumer products and manufacturing industries. He also advises on compliance with US and international anti-money laundering laws and the US Bank Secrecy Act.

Litigation/Investigations/Government Proceedings/Regulatory Matters

• Represented the special committee of a publicly traded consumer products company in conducting an internal investigation and SEC and DOJ investigations into potential FCPA violations in China.

• Represented a non-US, formerly publicly traded commodities company, in an SEC investigation into its restated financial statements.

• Represented a multinational US-based consumer products company in connection with SEC and DOJ investigations into potential violations of US federal securities laws in India, including the FCPA.

• Represented a multinational US-based beverages company in connection with SEC and DOJ investigations into potential violations of the US federal securities laws in India, including the FCPA.

Individual Representations

• Represented the former president for North America of an international pharmaceutical regarding a grand jury investigation by a US Attorney's Office into the company's marketing and advertising practices.

• Represented a US-based defense company employee and other service provider employees in connection with SEC and DOJ investigations into potential FCPA violations in China. Matter was ultimately resolved without action taken against the company or the employees.

• Represented several finance department employees of a publicly-traded pharmaceutical company in connection with an SEC and derivative investigation arising out of a restatement.

• Numerous representations of individuals investigated by the SEC and/or the SEC for insider trading, resulting in a declination of action by the SEC or Finra.

Compliance Counseling

• Acted as lead counsel to a multinational pharmaceutical and healthcare company in a post-acquisition compliance review of a recent acquisition in South America.

• Acted as lead counsel to a multinational pharmaceutical and healthcare company in a pre-acquisition compliance review of a potential acquisition in Latin America.

• Acted as lead counsel to a multinational logistics provider in compliance reviews of several potential acquisition targets.

• Acted as lead counsel to a multinational industrial company in pre-acquisition due diligence of an acquisition in Turkey, and developing and implementing, post-acquisition, a compliance program at the Turkish operation.

• American Bar Association, ABA Securities Enforcement Committee - Co-chair
• Association of SEC Alumni (ASECA) - Member