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Eric A. Tirschwell
Partner

Mr. Tirschwell practices primarily in the areas of white collar criminal defense and complex civil and constitutional litigation, drawing on his substantial experience handling a wide range of cases as both a defense lawyer and federal prosecutor.

Mr. Tirschwell has defended individuals and corporations in investigations and at trial in matters initiated by the SEC, various U.S. Attorney's Offices, the New York State Attorney General and the NASD. His recent representations include: a major investment bank in the U.S. Attorney subprime investigation involving the collapse of two hedge funds; the former CFO of a national business/consumer services company in a federal criminal and SEC investigation into accounting fraud; a broker charged in a SEC market timing case; a Wall Street investment banker in the federal "stock finders" investigation; the former CFO of a New York-based cosmetics company in an insider trading investigation; the former treasurer of a major Puerto Rico-based bank in a SEC/DOJ probe of mortgage sales accounting; an internet search-engine company in a SEC investigation and securities fraud class actions; a former lead audit partner of a Big 4 accounting firm in a federal criminal and SEC investigation relating to earnings fraud; a prominent internet short-seller in an insider trading federal criminal trial; and a large hedge fund in the NYAG mutual fund investigation.

Mr. Tirschwell has been chosen as a “Super Lawyer” in the area of white collar criminal defense in 2006, 2007 and 2008 in New York Super Lawyers, a special supplement to The New York Times, and is co-author of the widely used textbook The Practice of Federal Criminal Law: Prosecution and Defense (2006, Thomson/West, American Casebook Series), which a review in the New York Law Journal called a "valuable and savvy text" "distinguished by its practical approach and insight into the federal criminal system."

In addition, Mr. Tirschwell has conducted numerous internal corporate investigations and handles complex civil litigations during both pre-trial proceedings and at trial, including securities fraud class actions, complex business disputes, and, currently, a high-profile numismatic suit against the government to recover ten 1933 Double Eagle gold coins.

Mr. Tirschwell also is involved in representing leading companies in the litigation finance industry. He serves as outside counsel to the American Legal Finance Association and in that capacity negotiated a groundbreaking agreement with the New York State Attorney General's Office.

Mr. Tirschwell has an active and diverse pro bono practice. In 2006, he led a team of Kramer Levin and other public interest attorneys in a high-profile federal constitutional challenge to an onerous Florida law that had shut down voter registration by non-partisan groups. For its "singular achievement" in this case, which was the first to hold that private voter registration drives are protected by the First Amendment, Kramer Levin was one of only three firms nationwide to receive The National Law Journal's 2006 Pro Bono Award. Currently Mr. Tirschwell leads a team of Kramer Levin associates in representing several Uighurs, a persecuted Muslim minority group from western China, who have been wrongfully imprisoned at Guantanamo Bay since 2002.

From 1997 through 2002, Mr. Tirschwell served as an Assistant U.S. Attorney in the Eastern District of New York, representing the United States as lead counsel in scores of federal criminal cases -- including numerous jury trials -- involving securities fraud, mortgage fraud, and mail fraud, money laundering, embezzlement from federal programs and international narcotics trafficking. Mr. Tirschwell served as a deputy section chief, training and supervising new prosecutors, and was awarded the Department of Justice's Director's Award for Superior Performance in recognition of his successful prosecution of white collar crimes.

Education
J.D., cum laude, Harvard Law School, 1992
  • Board of Directors and Student Attorney, Harvard Legal Aid Bureau
B.A., magna cum laude, Phi Beta Kappa, Amherst College, 1988

Clerkships
Honorable David V. Kenyon, U.S. District Court, Central District of California, 1992 - 1994

Bar Admissions
District of Columbia, 1995
New York, 1993

Court Admissions
U.S. Court of Appeals for the District of Columbia
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court, District of Connecticut
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York

Other Activities
Teaching
Fordham Law School, Adjunct Professor of Legal Writing (2001-2003)
New York University Law School, Visiting Lecturer, Professional Responsibility in the Practice of Criminal Law (2004, 2005)

Professional Affiliations
Pro Bono Panel, U.S. Court of Appeals for the Second Circuit (2005- )
Federal Bar Council's Inn of Court, 2001-2003
Council on Judicial Administration, City of New York Bar Association, 1995-1997
Pro Bono Panel, Southern District of New York, 1996-1997