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Jeremy D. Frey

Jeremy D. Frey is a partner in the White Collar Litigation and Investigations Practice Group of Pepper Hamilton LLP, resident in the Philadelphia and Princeton offices. Mr. Frey concentrates on corporate investigations, white collar criminal defense and complex civil litigation.

Since leaving the U.S. Attorney’s Office in New Jersey, Mr. Frey's representations have included internal investigations for public and privately held businesses, SEC investigations and enforcement proceedings, corporate compliance (including 1940 Investment Company Act compliance), public authorities, federal tax matters, commercial and real estate litigation, health care, class action cases, qui tam proceedings, patent litigation, environmental compliance matters, whistle-blower employment cases, First Amendment litigation, forfeiture proceedings and extensive representations of businesses and individuals in federal and state criminal investigations and cases.

His representations also include matters involving the Foreign Corrupt Practices Act, the Foreign Sovereign Immunities Act, the Alien Tort Claims Act, the Internet gaming industry and proceedings by U.S. Immigration and Customs Enforcement. He has handled numerous cases before the Third Circuit Court of Appeals.

Mr. Frey has represented a national bank, major health care providers, group purchasing organizations, registered investment advisers, public agencies, broker-dealers and public companies, as well as corporate executives, public and labor union officials and a lobbyist.

Before joining the firm, Mr. Frey was the Assistant U.S. Attorney-in-Charge of the U.S. Attorney’s Office in Camden, New Jersey. In more than 15 years as a prosecutor, Mr. Frey tried dozens of major cases and supervised hundreds of others.

In 2006, Mr. Frey was a recipient of the Burton Award for Legal Achievement (given in association with the Library of Congress) in recognition of his legal scholarship. He was selected for inclusion on the 2005 and 2010-2014 New Jersey Super Lawyers lists.

Mr. Frey has taught at Rutgers University School of Law. He is a trustee of the Association of the Federal Bar of New Jersey, and on the Executive Committee of the Federal Bar Association, Criminal Law Committee, Philadelphia Chapter. He is a member of the Advisory Boards of BNA’s Criminal Law Reporter and White Collar Crime Report. He is a non-governmental advisor to the International Competition Network (ICN), Cartel Working Group.

Mr. Frey also is a co-author of H.R. 409 and S. 273, bills to divide New Jersey into two federal judicial districts, and H.R. 417, the Anti-Open Air Drug Market Act.

Before joining the Justice Department, Mr. Frey was in private practice, concentrating on corporate transactions, including secured lending, initial public offerings, mergers and acquisitions, and municipal bonds.

Mr. Frey received a B.A. degree from Oberlin College in 1976 and is a member of Phi Beta Kappa. He received his J.D. from New York University School of Law in 1979, where he was an editor of the Annual Survey of American Law. Mr. Frey is a member of the Pennsylvania and New Jersey bars.

Mr. Frey’s publications include:

  • “Long Time Coming: United States Wins First Extradition on Antitrust Charge” (co-author), Client Alert, Pepper Hamilton LLP (April 7, 2014)
  • “The Supreme Court Limits the Reach of the Alien Tort Statute” (co-author), U.S. Law Week, (May 7, 2013)
  • “The Alien Tort Statute: Kiobel Dials it Back” (co-author), Client Alert, Pepper Hamilton LLP (April 18, 2013)
  • "2012 DOJ Criminal Antitrust Results Show Increased Risk for International Businesses and Employees," Client Alert, Pepper Hamilton LLP (December 14, 2012)
  • “Enhanced Sentencing for Criminal Antitrust Defendants: U.S. v. VandeBrake,” White Collar Litigation and Investigations Newsletter, Pepper Hamilton LLP (November 8, 2012)
  • “Internet Gambling: Why We Will Miss Barney Frank,” eGaming Review (January 4, 2012) and World Online Gambling Law Report (January 2012)
  • “Home Health Care Compliance: On Maxim and the Senate Finance Committee” (co-author), BNA White Collar Crime Report, Vol. 6, No. 23 (November 18, 2011) and BNA Health Care Fraud Report (November 30, 2011)
  • “The Alien Tort Statute: Supreme Court to Provide Much-Needed Guidance” (co-author), U.S. Law Week (November 8, 2011)
  • “Internet Gambling: Globalizing Regulation After Black Friday,” World Online Gambling Law Report (August 2011)
  • “More on the Alien Tort Statute: John Doe VIII and Flomo Rulings Add to the Chaos” (co author), U.S. Law Week (August 30, 2011)
  • “Black Friday – Plenty More to Come,” eGaming Review (May 18, 2011)
  • “Limitations on the Jurisdiction and Reach of the Alien Tort Statute” (co-author), U.S. Law Week (April 5, 2011)
  • “Internet Gambling: States of Play,” eGaming Review (March 18, 2011)
  • “Hold ’Em or Draw: The Strange Case of U.S. Enforcement Efforts Against Internet Gambling and Peer-to-Peer Poker” (co-author), BNA White Collar Crime Report, Vol. 6, No. 5 (March 11, 2011)
  • “The Sentencing of Morgan Crucible’s Ian Norris” (co-author), Law360 (February 18, 2011); Antitrust Client Alert, Pepper Hamilton LLP (December 17, 2010)
  • “Willful Blindness Instructions in Criminal Tax Cases: The Third Circuit’s Stadtmauer Ruling” (co-author), Client Alert, Pepper Hamilton LLP (November 16, 2010)
  • “FCPA Update: With its Own ‘Integrity Deficit,’ Does the United States Have the Authority to Continue its Overseas Anti-Bribery Fight?” (co-author), Client Alert, Pepper Hamilton LLP (November 10, 2010)
  • “Lessons on How to Avoid Making a Bad Situation Even Worse – The Antitrust Investigation of Morgan Crucible and the Obstruction of Justice Conviction of its Former Chief Executive Officer” (co-author), Antitrust Client Alert, Pepper Hamilton LLP (July 29, 2010)
  • “U.S. Supreme Court’s Recent Decisions on Honest Services Fraud Raise Questions about Fiduciary Duty, Quid Pro Quo, Mens Rea and other Issues” (co-author), BNA White Collar Crime Report, Vol. 9, No. 15 (July 16, 2010)
  • “U.S. Supreme Court Limits Federal Honest Service Fraud Law” (co-author), White Collar and Corporate Investigations Alert, Pepper Hamilton LLP (June 25, 2010)
  • “Tax Counsel Beware: First Circuit’s Textron Ruling Raises New Concerns About Vitality of Work-Product Doctrine” (co-author), Practical U.S./Domestic Tax Strategies (November 2009)
  • “Ninth Circuit Decision Has Major Implications for Search Warrants Authorizing Seizure of Computer Information,” BNA White Collar Crime Report (November 20, 2009); White Collar and Corporate Investigations Alert, Pepper Hamilton LLP (August 27, 2009)
  • “Bonuses and Incentive Compensation as Emblems of Fraud: DOJ’s Latest ‘Teaching Moment?’” (co-author), Client Alert, Pepper Hamilton LLP (August 4, 2009)
  • “SEC Approves Proposal Aimed to Curb ‘Pay to Play’ Practices” (co-author), Financial Services Alert, Pepper Hamilton LLP (July 29, 2009)
  • “Update on FASB’s Proposed Changes to Financial Statement Reporting of Loss Contingencies” (co-author), White Collar and Corporate Investigations Newsletter, Pepper Hamilton LLP (June 16, 2009)
  • “Investment Advisers Should Review Proxy Voting Disclosures,” (co-author), Corporate and Securities Law Alert, Pepper Hamilton LLP (May 21, 2009)
  • “Strange and Getting Stranger: OIG’s New Changes to the Self-Disclosure Protocol,” BNA Health Care Fraud Report (July 1, 2009) and Health Care Law Update, Pepper Hamilton LLP (May 2009)
  • “After Spears and Nelson: More Frontal Attacks on the Sentencing Guidelines,” White Collar and Corporate Investigations Alert, Pepper Hamilton LLP (January 26, 2009)
  • “Victims of Madoff Scheme Should Know, Plan for Tax Implications of Losses” (co-author), White Collar and Corporate Investigations Alert, Pepper Hamilton LLP (December 22, 2008)
  • “Beware Business Dealings with Public Officials,” White Collar and Corporate Investigations Alert, Pepper Hamilton LLP (December 17, 2008)
  • “Mukasey Vows to Change DOJ Attorney-Client Privilege Waiver Policy, but FASB Proposal May Pose New Danger” (co-author), White Collar and Corporate Investigations Alert, Pepper Hamilton LLP (July 10, 2008)
  • “Feds Investigating U.S. Taxpayers’ Foreign Accounts” (co-author), White Collar and Corporate Investigations Alert, Pepper Hamilton LLP (July 2, 2008)
  • “A Little of This and a Little of That: OIG Updates Its Provider Self-Disclosure Protocol,” Health Care Alert, Pepper Hamilton LLP (April 16, 2008)
  • “Update on the Erosion of Attorney-Client and Work Product Protections,” Commercial Litigation Report, Pepper Hamilton LLP (May 2007)
  • “Federal Bar Backs Attorney – Client Privilege Protection Act,” New Jersey Law Journal (April 9, 2007)
  • “Coalition Scores Dramatic Success in Battle Over Erosion of Attorney-Client Privilege,” Commercial Litigation Report, Pepper Hamilton LLP (July 2006)
  • “Privilege Still on Losing End in Corporate Waiver Dispute,” New Jersey Law Journal (November 21, 2005)
  • “Exhibit A of a Disparate Sentencing System,” New Jersey Law Journal (April 4, 2005)
  • “A Chance to Rethink Sentencing Policy,” New Jersey Law Journal (January 24, 2005)
  • “Trying to Read the Tea Leaves in Blakely,” New Jersey Lawyer (August 2, 2004)
  • “Crime and Punishment Under Sarbanes-Oxley” (co-author), The Legal Intelligencer (August 19, 2002)
  • “Sweeping Securities Law Reform Will Affect Issuers, Officers and Directors” (co-author), The Legal Intelligencer (August 12, 2002)
  • “SEC Offers Guidance on Internal Investigations,” New Jersey Law Journal (May 13, 2002).


Education
B.A. 1976 Oberlin College; Phi Beta Kappa
J.D. 1979 New York University School of Law; editor, Annual Survey of American Law


Bar Admissions
Admitted to practice in New Jersey and Pennsylvania

Jeremy D. Frey
Partner
Phone: 215.981.4445
609.452.0808
Fax: 215.981.4750
609.452.1147
freyj@pepperlaw.com
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Office(s)
Philadelphia Princeton

Practice Area(s)
Antitrust and Competition
Appellate Practice

Business Integrity
Canadian

Commercial Litigation
Gaming Industry Counseling, Litigation and Investigative Services

Health Care Services
Health Care White Collar Defense and Consultative Regulatory Investigation Services

International
Investment Funds Industry Group

Investment Management
Securities Enforcement and Litigation

Securities Litigation
White Collar Litigation and Investigations


Articles


Long Time Coming: United States Wins First Extradition on Antitrust Charge

The Alien Tort Statute: Kiobel Dials it Back


2012 DOJ Criminal Antitrust Results Show Increased Risk for International Businesses and Employees

Enhanced Sentencing for Criminal Antitrust Defendants: U.S. v. VandeBrake


Home Health Care Compliance: On Maxim and the Senate Finance Committee

The Alien Tort Statute: Supreme Court to Provide Much-Needed Guidance


The Alien Tort Statute: Are Indian Companies at Risk of Suits in the United States for Torts Committed Overseas?

Internet Gambling: Globalizing Regulation After Black Friday


More on the Alien Tort Statute: John Doe VIII and Flomo Rulings Add to the Chaos

The Alien Tort Statute: Are French Companies at Risk of Suits in the United States for Torts Committed Overseas?


Limitations on the Jurisdiction and Reach of the Alien Tort Statute

Hold ’Em or Draw: The Strange Case of U.S. Enforcement Efforts Against Internet Gambling and Peer-to-Peer Poker


The Sentencing of Morgan Crucible’s Ian Norris

Willful Blindness Instructions in Criminal Tax Cases: The Third Circuit's Stadtmauer Ruling


FCPA Update: With its Own 'Integrity Deficit,' Does the United States Have the Authority to Continue its Overseas Anti-Bribery Fight?

U.S. Supreme Court’s Recent Decisions on ‘Honest Services’ Fraud Raise Questions About Fiduciary Duty, Quid Pro Quo, Mens Rea, and Other Issues


Lessons on How to Avoid Making a Bad Situation Even Worse – The Antitrust Investigation of Morgan Crucible and the Obstruction of Justice Conviction of its Former Chief Executive Officer

U.S. Supreme Court Limits Federal Honest Service Fraud Law


First Circuit’s Textron Ruling Raises New Concerns About Vitality of Work-Product Doctrine

Ninth Circuit Decision Has Major Implications for Search Warrants Authorizing Seizure of Computer Information


Bonuses and Incentive Compensation as Emblems of Fraud: DOJ's Latest ‘Teaching Moment?’

SEC Approves Proposal Aimed to Curb ‘Pay to Play’ Practices


Update on FASB’s Proposed Changes to Financial Statement Reporting of Loss Contingencies

Investment Advisers Should Review Proxy Voting Disclosures in Light of Recent SEC Enforcement


Strange and Getting Stranger: OIG’s New Changes to the Self-Disclosure Protocol

After Spears and Nelson: More Frontal Attacks on the Sentencing Guidelines


Victims of Madoff Scheme Should Plan for Tax Implications of Losses

Beware Business Dealings With Public Officials


Mukasey Vows to Change DOJ Attorney-Client Privilege Waiver Policy, but FASB Proposal May Pose New Danger

Feds Investigating U.S. Taxpayers' Foreign Accounts


A Little of This and a Little of That: OIG Updates Its Provider Self-Disclosure Protocol

Update on the Erosion of Attorney-Client and Work Product Protections


Coalition Scores Dramatic Success in Battle Over Erosion of Attorney-Client Privilege

Privilege Still on Losing End in Corporate-Waiver Dispute


McCallum Memorandum Creates Review Process for DOJ's Requests for Waiver

Exhibit A of a Disparate Sentencing System


Trying to Read the Tea Leaves in Blakely

Sweeping Securities Law Reform Will Affect Issuers, Officers and Directors


SEC’s Seaboard Report Offers Guidance on Internal Investigations


Articles


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