Jason Hernandez

Civil Matters

• Obtained formal notification from the U.S. Securities and Exchange Commission (“SEC”) that it terminated its investigation of a client for potential violations of the securities law in connection with an investment into a special purpose acquisition company (SPAC).
• Pro bono Florida counsel for the Metropolitan African Methodist Episcopal Church, a historic black church in Washington, D.C. The church was awarded a $1 million judgment against the Proud Boys organization for trespassing on the church’s property to tear down a Black Lives Matter flag during a 2020 protest.
• Representing the plaintiff, settled $30 million securities fraud lawsuit in the U.S. District Court for the Northern District of California on very favorable terms after defeating eight defendants’ summary judgment motions. (Settlement amount is confidential.)
• Lead counsel in a class action that achieved a $100 million settlement on behalf of a 179-member class of real estate investors representing 72% of the class’ damages. 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.
• Obtained defense victory in multi-million dollar arbitration alleging breach of contract and fraud which was subsequently affirmed unanimously on appeal.
• Conducted several internal investigations for companies that have been embezzlement victims and successfully pursued insurance claims in certain cases. 
• Represented a private high school in disciplinary proceedings before the Florida High School Athletic Association.
• Represented landlord in six-figure breach of lease agreement. The matter was settled on favorable terms to the landlord.

Criminal Representations

• Represented multiple witnesses in federal grand jury investigations.
• Obtained "no jail time" sentence for a defendant who was charged by federal prosecutors with committing a multi-million dollar fraud.
• Obtained a 66% reduction in a defendant's initial sentence pursuant to Rule 35 of the Federal Criminal Rules of Procedure.
• Negotiated forfeiture settlement with federal prosecutors on behalf of a real estate company that allowed the real estate company to consummate certain transactions.
• Persuaded the District Attorney’s Office in a major city to not file charges against a client for alleged tax offenses.
• Coordinated and conducted two multi–country internal investigations under the FCPA.
• Obtained a “no-action” letter from OFAC on behalf of a national bank.
• Defeated government’s appeal in the Sixth Circuit of client’s below Guideline sentence. The court affirmed the client’s sentence which was 36% below the bottom of the Guideline range.
• Won client’s sentencing appeal in the Seventh Circuit. Client’s original sentence was vacated and was remanded for re-sentencing due to errors made by the sentencing judge that enhanced the client’s initial sentence. 
• Drafted, revised, and designed substantial revisions to multiple compliance policies and procedures for two Fortune 500 companies.

As a Federal Prosecutor in the Southern District of New York

• 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.
• Successfully argued five appeals before the Second Circuit Court of Appeals.
• 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.
• 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.
• 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.

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

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

• 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

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