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Eric A. Tirschwell

Partner

Phone: 212.715.8404 Fax: 212.715.8000 New York

Mr. Tirschwell practices primarily in the areas of white collar criminal defense and complex civil and constitutional litigation, drawing on 20 years of 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 Department of Justice's Antitrust Division, the New York State Attorney General, the Manhattan D.A.'s Office, and FINRA (formerly the NASD and NYSE). 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 with the federal government to recover ten 1933 Double Eagle gold coins.

Mr. Tirschwell was recognized by Lawdragon as one of the 500 Leading Lawyers in America and has been chosen as a “Super Lawyer” in the area of white collar criminal defense every year since 2006 in New York Super Lawyers, a special supplement to The New York Times. He 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," as well as numerous other articles on federal criminal practice.

Mr. Tirschwell is an expert in federal sentencing. He has represented numerous clients at the sentencing phase of federal criminal cases, and also has handled several sentencing appeals. He is one of only 17 federal criminal practitioners nationwide to be appointed in 2008 by the United States Sentencing Commission to the Commission's Practitioners Advisory Group, where he served as the single voting member representing the Second Circuit, and in 2010 he was appointed by the Commission to be the National Vice Chair. Mr. Tirschwell has testified before the U.S. Sentencing Commission, and he has published several articles about sentencing issues.

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, 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.

Representative Matters

  • Mr. Tirschwell represents Bear Stearns in federal regulatory investigations and civil proceedings focused on the collapse of two Bear Stearns structured securities hedge funds related to the subprime mortgage crisis.

  • Mr. Tirschwell represents an investment management firm in a federal criminal antitrust bid-rigging investigation.

  • Mr. Tirschwell represented a prominent internet short-seller in an insider trading federal criminal trial.

  • Mr. Tirschwell represents former senior officers of Lehman Brothers in U.S. Attorney and SEC investigations arising out of the credit crisis of 2007/2008.

  • Mr. Tirschwell represented a life settlement company in a NYAG investigation into alleged bid-rigging.

  • Mr. Tirschwell 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 represented the former CFO of a national business/consumer services company in a federal criminal and SEC investigation into alleged accounting fraud.

  • Mr. Tirschwell represented a former Prudential broker charged in a SEC market timing case.

  • Mr. Tirschwell represented a Morgan Stanley investment banker in the federal "stock finders" investigation.

  • Mr. Tirschwell represented the former CFO of a New York-based cosmetics company in an insider trading investigation.

  • Mr. Tirschwell represented the former treasurer of a major Puerto Rico-based bank in a SEC/DOJ probe of mortgage sales accounting.

  • Mr. Tirschwell 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 received The National Law Journal's 2006 Pro Bono Award.

  • Mr. Tirschwell leads a team of Kramer Levin associates in representing several Uighurs, a persecuted Muslim minority group from western China, who were wrongfully imprisoned at Guantanamo Bay. In October 2008, the team won a historic ruling ordering immediate release into the United States of the firm's detainee clients. While the appeal of that ruling was pending, three of Kramer Levin's clients were released to freedom in Palau.

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J.D., cum laude, Harvard Law School, 1992
  • Board of Directors and Student Attorney, Harvard Legal Aid Bureau
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B.A., magna cum laude, Phi Beta Kappa, Amherst College, 1988
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New York, 1993
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District of Columbia, 1995
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U.S. Court of Appeals for the Second Circuit
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U.S. Court of Appeals for the Third Circuit
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U.S. Court of Appeals for the District of Columbia
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U.S. Court of Appeals for the Eleventh Circuit
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U.S. District Court, Southern District of New York
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U.S. District Court, Eastern District of New York
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U.S. District Court, District of Connecticut
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Honorable David V. Kenyon,  U.S. District Court, Central District of California, 1992 - 1994
    -Federal Bar Council, Public Service Committee (2012-present)
    -Lawyers Council, Citizens Crime Commission of New York City (2012-present)
    -United States Sentencing Commission, Practitioner's Advisory Group: National Vice Chair (2010-present); Second Circuit Representative (2009-2010)
    -Board of Directors, The Fund for Modern Courts (2009-present)
    -Pro Bono Panel, U.S. Court of Appeals for the Second Circuit (2005-present)
    -Federal Bar Council's Inn of Court (2001-2003)
    -Council on Judicial Administration, New York City Bar Association (1995-1997)
    -Pro Bono Panel, Southern District of New York (1996-1997)

    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)