Russell D. DuncanRussell Duncan Clark Hill
Russell D. Duncan
Russell D. Duncan is a member in the Litigation Business Unit in the Washington, D.C. office.
As one of the few attorneys to have served as senior trial attorney for the U. S. Attorney’s Office in D.C., trial counsel for the SEC, and enforcement counsel for the PCAOB, Russell understands the tactics of prosecutors, regulators, and government enforcement agencies. Russell has used his experience as a government lawyer to assist clients in over six hundred and fifty matters. His clients, including CEO’s, CFO’s, accountants, directors, and other professionals describe Russell’s temperament and negotiation skill as crucial to his success in resolving their issues with the government, frequently without expensive litigation. They also know that he has the litigation experience to prevail against the government in court, if necessary.
In the past twenty years. Russell has used his broad government experience in helping hundreds of businessmen, accountants, broker dealers, and other securities professionals successfully navigate matters involving insider trading, securities fraud, accounting fraud, PCAOB standards and rule violations, the Investment Advisor Act, FTC and CFTC violations, whistleblower actions, FINRA arbitration cases for registered representatives and investors, and government contract cases, including bid protests and debarment proceedings.. Russell also has litigated successfully in federal court, administrative hearings, and arbitration on behalf of clients with challenging issues before the Securities and Exchange Commission, the Department of Justice, and other federal and state regulatory and criminal authorities.
His recent work at the PCAOB as an Assistant Director in Enforcement, has provided Russell with an insider’s perspective into the PCAOB’s confidential investigation and hearings process, including an assessment of the PCAOB attorneys and accountants involved in those matters. He can provide guidance to accounting firms and accountant in complying with the increasingly complex PCAOB accounting rules and standards and in responding to examination deficiencies.
Russell has a deep practice representing clients in areas such as:
- Securities Enforcement, White Collar, and Government Investigations and Trials
- PCAOB Inspections and Enforcement Matters
- FINRA Arbitrations and Investigations
- College Student Disciplinary Defense
- Commercial Litigation
- Financial Regulatory and Compliance Programs
- Responding to Regulatory and Grand Jury Subpoenas
SEC Enforcement and FINRA Arbitration
- Convinced the SEC to dismiss its administrative proceeding against a multimillion-dollar hedge fund after the SEC had filed its complaint.
- Won summary judgment for a general counsel of a public company and dismissal of the lawsuit the SEC had filed in federal district court.
- Convinced the SEC not to file charges against a CEO and his wife who the SEC previously had stated it intended to charge with insider trading. Entered the case after the SEC had sent clients a Wells notice and persuaded SEC to reverse its decision and end its investigation.
- Won summary judgment for four directors of a public company in derivative securities litigation resulting from an SEC investigation.
- Convinced the SEC staff to end its investigation without bringing any charges against a public company and its officers in an investigation of alleged financial fraud.
- Won summary judgment in federal district court for a national investment advisor and its officers in a private securities class action litigation resulting from an SEC investigation.
- Persuaded the SEC staff to end its investigation of a hedge fund without bringing any charges in the investigation of mortgage-backed securities.
- Currently representing a financial advisor in a combined SEC and U. S. Attorney's office investigation. Currently representing broker in FINRA arbitration regarding U-5 defamation by former firm.
- Convinced Enforcement Staff to close investigation of Northeast regional accounting firm with no charges.
- Convinced Enforcement Staff to close its investigation of West Coast accounting firm and individual partner and resolve the matter through remediation in the inspections.
- Resolved accounting firm's failure to file timely Special Reporting Form 3 with no action by Enforcement
White Collar and Other Criminal Matters
- Won acquittal in a federal district court trial for the president of a Midwestern company on charges of criminal fraud and conspiracy arising out of an FDA investigation.
- Convinced U. S. Attorney's Criminal Division not to pursue its criminal investigation of a government contractor arising out of alleged false claims.
- Obtained acquittal for government official in a state court trial alleging personal misconduct.
- Currently representing an executive of a government contractor in combined DOJ and Antitrust criminal and civil investigation.
- Currently representing a business owner in a DOJ criminal investigation.
- Convinced federal government prosecutors to agree to probationary sentence for individual involved in bringing illegal workers into the United States.
- Convinced the U. S. Attorney's office not to intervene in a whistleblower suit and subsequently obtained dismissal of the private whistleblower action against a government contractor in an alleged civil billing fraud investigation.
- Successfully represented a government contractor in arbitration hearing and obtained a multi-million dollar return for the client.
- Convinced U. S. Attorney's Civil Division not to bring false claims case against a government contractor.
Seminars & Speaking Engagements
- "Dodd-Frank and the New SEC Whistleblower Program," The National Law Journal Breakfast Series, April 2011
- "Dodd-Frank and the Future of Securities Litigation," American Constitution Society National Convention, June 2011
- Russell has appeared on CNN, MSNBC, and FOX discussing securities law and white collar issues and has been quoted in the Wall Street Journal, New York Times, Washington Post, Bloomberg, the National Law Journal, and the Legal Times
- 15 Years Of SOX: Avoiding PCAOB Enforcement Sanctions
- 'Sweetheart Deal' for Figure in Campaign Corruption Case
- People on the Move
- CFTC Mimics SEC Policy Shift with JPMorgan 'Whale' Pact