Marjorie Peerce
Marjorie Peerce

Marjorie J. Peerce

Partner

peercem@ballardspahr.com
Tel 646.346.8039
Fax 212.223.1942
New York

Marjorie J. Peerce is a litigator, with a practice focus on white collar criminal defense, regulatory matters, and complex civil litigation. In her more than 30 years practice, she has handled matters across the criminal and regulatory spectrum.

Ms. Peerce appears in New York state and federal courts, as well as in federal districts around the country. She has handled criminal and regulatory investigations concerning, for example, violations of the Internal Revenue Code, securities fraud, (including Bitcoins) the Foreign Corrupt Practices Act (FCPA), the Bank Secrecy Act, government contract procurement and subsidy fraud, mail fraud, bribery, accounting fraud, government contract procurement, government subsidy fraud, immigration fraud, health care fraud, environmental matters, commodities fraud, computer fraud and hacking, and criminal customs investigations. She has handled a significant number of matters with the Securities and Exchange Commission, as well as with FINRA and the CFTC. She has handled numerous matters with the New York Attorney General in a variety of areas. She also regularly represents individuals in myriad matters in the Criminal and Supreme Courts in New York City.

In her civil practice, Ms. Peerce has represented defendants in securities class actions, financial institutions in commercial and real estate disputes, employees involved in noncompete disputes, general commercial litigation, and matters for several major real estate companies in New York City. She has represented doctors under investigation with the Office of Professional Medical Conduct in New York, as well as lawyers with disciplinary matters pending before the Departmental Disciplinary Committees, state employees with the New York State Department of Professional Discipline, and a former state employee in a matter with the New York State Joint Commission on Public Ethics.

Ms. Peerce is past President of the New York Council of Defense Lawyers, a premier defense lawyers' organization composed of 240 of New York's preeminent white collar lawyers. As the past Chair of the Council's Sentencing Guidelines Committee, she prepared regular submissions to the U.S. Sentencing Commission on the Guidelines and testified before the Commission on two occasions. Ms. Peerce is the current Co-Chair of the Sentencing Committee of the National Association of Criminal Defense Lawyers, is on the national Steering Committee of Clemency Project 2014, as well as on the American Bar Association Task Force to Reform the Economic Crimes Guidelines.

Representative Matters

Securities Fraud

  • Represented several employees of a hedge fund in an internal investigation, SEC investigation, and civil litigation involving alleged misuse of investor funds
  • Represented the principal of private equity fund in a criminal proceeding into misuse of investor funds
  • Handled a great number of criminal and regulatory securities fraud cases, including insider trading cases, hedge fund fraud, Bitcoins, and alleged fraud with PIPE investments
  • Represented a specialist on the floor of the New York Stock Exchange indicted for securities fraud

Accounting Fraud

  • Represented numerous executives of public companies in multi-pronged accounting fraud investigations
  • Represented numerous employees of a public accounting firm in investigations nationwide as well as representing the accounting firm itself
  • Represented an auditor of several public companies in numerous SEC investigations
  • Represents an auditor in an SEC and DOJ investigation into municipal accounting

Mortgage Fraud

  • Represents several individuals under investigation by the U.S. Department of Justice for allegedly participating in mortgage fraud schemes
  • Defended a client against criminal RICO charges in 14-month trial in the Southern District of New York
  • Represents individuals in investigations being conducted by the New York County District Attorney as well as the Department of Justice, into myriad construction-related matters, including alleged Disadvantaged Business Enterprises fraud, testing lab issues, criminal safety violations, and criminal labor law violations
  • Successfully obtained dismissal of felony Disadvantaged Business Enterprise fraud charges against an individual

Tax

  • Represented an executive of an international family business charged with mail and tax fraud
  • Represents several individuals under investigation for maintenance of offshore bank accounts
  • Handled several matters related to the Bernard Madoff matter
  • Represents an international jeweler in criminal sales tax investigations

Bank Secrecy Act

  • Represents numerous employees in several Bank Anti-Money Laundering/Bank Secrecy Act investigations by the U.S. Department of Justice
  • Represented a financial institution in a matter implicating Bank Secrecy Act issues

Health Care

  • Represented an investigator in a major matter in the Southern District of New York concerning use of an experimental drug, resulting in a deferred prosecution agreement
  • Represents the owner of a nursing home in a New York Attorney General's Office investigation and civil lawsuit into alleged Medicaid false claims act violations
  • Represents a prison health care provider in numerous matters
  • Represented a medical provider concerning HIPAA issues

Public Corruption

  • Successfully defended a CEO of a public company charged with government contract procurement fraud after a two-month trial in district court in Washington, D.C.
  • Represented employee of a public utility charged with receipt of gratuities
  • Represented an elected official charged with receiving a bribe
  • Represents a family member of a public official charged with receiving a bribe

Environmental

  • Represents an individual in a Department of Justice investigation into the Volkswagen emissions matter
  • Represented an individual involved in the Deepwater Horizon investigation
  • Successfully represented a national restaurant chain in a felony criminal environmental spillage case resulting in non-criminal disposition
  • Represented an employee of a concrete supplier in a criminal environmental spillage case

Labor and Employment

  • Represented numerous executives of public companies in internal investigations related to company employment
  • Represented a union under investigation for a number of criminal violations, successfully resolving the matter with a non-prosecution agreement

Internal Investigation

  • Conducted an internal investigation for an international financial institution into alleged FCPA violations in South America, subsequently investigated by the U.S. Attorney's Office for the Southern District of New York resulting in no prosecution
  • Conducted an internal investigation into alleged misuse of a customs stamp for an import company
  • Conducted an internal investigation for a public company into alleged securities fraud

Customs/Immigrations

  • Represented an employee of a company under indictment for a major customs importation fraud
  • Represents a number of employees of a multi-national company in a criminal investigation into visa fraud
  • Represents a corporate officer in Department of Labor investigation into visa fraud
  • Represented a group of employees in a criminal undocumented worker investigation

Miscellaneous

  • Represented individuals under investigation by various state and city agencies, including the New York Attorney General's office, the New York City Department of Investigation, the New York City Department of Consumer Affairs, and Inspectors General of numerous New York City and state agencies
  • Defended an attorney accused of paying kickbacks for the settlement of personal injury cases
  • Represents several individuals in investigations into antiquity fraud being conducted by the New York County District Attorney's Office
  • Represented a witness in alleged sex discrimination case
  • Represented an individual and a financial institution in New York County District Attorney's Office investigations into alleged elder abuse
  • Successfully obtained dismissal of felony reckless endangerment charges brought by the New York County District Attorney's Office
  • Successfully obtained dismissal of felony sexual abuse charges brought by the New York District Attorney's Office and reduction of felony sexual abuse charges to non-criminal dispositions
  • Successfully convinced the U.S. Secret Service not to seek criminal prosecution of an individual who allegedly hacked into a computer system
  • Represents a jewelry store in a Department of Justice investigation into the alleged possession of stolen property
  • Represented individuals involved with investigations being conducted by bankruptcy trustees
  • Represented several indigent defendants at trial as appointed counsel while a member of the Southern District of New York Criminal Justice Act panel for 12 years

Judicial Clerkships

Hon. Vincent L. Broderick, U.S. District Court for the Southern District of New York

Professional Activities

New York City Bar Association, member, White Collar Crime Committee; past Chair, Criminal Law Committee

New York Council of Defense Lawyers, past President; past Chair, Sentencing Guidelines Committee

Criminal Justice Act Panel for the Eastern District of New York, Oversight Committee

Federal Bar Council, member, and past Editor-in-Chief of newsletter

State/Federal Judicial Advisory Council

National Association of Criminal Defense Lawyers, Co-Chair, Sentencing Committee; representative on ABA task force addressing revisions to economic crimes sentencing guidelines; Member Steering Committee of Clemency Project 2014

New York University School of Law, past Adjunct Professor, trial advocacy

Ballard Spahr's Diversity and Inclusion Council

Recognition & Accomplishments

Named to New York Metro Super Lawyers Top Women, 2015 and 2016

Named to Women in the Law Top Peer-Nominated Lawyers by Best Lawyers, 2016

Named in The Best Lawyers in America, administrative/regulatory law, criminal defense: white collar, 2008-2017

Named one of New York's Women Leaders in the Law by Martindale-Hubbell, New York Magazine,and ALM, 2014 and 2015

AV Peer Review Rating, Martindale-Hubbell

Received Ballard Spahr's 2015 Alan J. Davis Award for pro bono work on the Clemency Project

Received New York State Bar Association President's Pro Bono Service Award for the First Judicial District (Manhattan), 2015

Named to New York Metro Super Lawyers, 2006-2015

Listed in Expert Guides' Women in Business Law, white collar crime, 2013-2016

Listed in Marquis Who’s Who in the East, 2016

Named to International Who's Who of Business Crime Defence Lawyers, 2011-2016

Selected to Avenue Magazine's Legal Elite list of top women lawyers

Publications

Co-author, "2016 Year in Review: Money Laundering (Part Two)," Money Laundering Watch, February 6, 2017

Co-author, "2016 Year in Review: Money Laundering (Part One)," Money Laundering Watch, February 1, 2017  

Co-author, "New York Regulators Drive Cyber Security Accountability for the Financial Sector," Payments & FinTech Lawyer, November 10, 2016

Co-author, "D.C. Circuit to Decide Scope of Judges’ Authority in Approval Process for Deferred Prosecution Agreements," Ballard Spahr alert, September 10, 2015

"'Operation Ruse Control' Announcement Highlights Importance of Auto Finance Compliance," Ballard Spahr alert, March 31, 2015

Co-author, "Raising the Stakes," Business Crimes Bulletin, March 2015

"White Collar Crime: Q&A with Marjorie Peerce," Euromoney Institutional Investor PLC's Women in Business Law guide, October 2014

Co-author, "Where to Self-Report a White Collar Offense," Atticus, a publication of the New York State Association of Criminal Defense Lawyers, Summer 2014

Co-author, "NY Attorney General Files Redlining Lawsuit Alleging Mortgage Discrimination," Ballard Spahr alert, September 5, 2014

Co-author, "New York Grand Jury Indicts 12 Online Payday Lenders and 3 Individuals," Ballard Spahr alert, August 15, 2014

Co-author, "New York Department of Financial Services To Begin Cybersecurity Examinations of Financial Institutions," Ballard Spahr alert, May 8, 2014

"Pro Bono Panel Addresses Effective Assistance of Counsel in Plea Bargains," New York State Bar Association Pro Bono News, Winter 2014

Co-author, "New York Attorney General Announces Settlement with Large Payday Lender," Ballard Spahr alert, February 14, 2014

Co-author, "The Complications of Full Disclosure," Law Journal Newsletters Business Crimes Bulletin, December 2013

"SEC Task Force Scrutinizing Non-GAAP Measurements," Ballard Spahr alert, December 17, 2013

Co-author, "New York Payday Loan Crackdown Continues as DFS Subpoenas 16 Lead Generators," Ballard Spahr alert, December 4, 2013

"N.Y. Pension Fund Trustees and Consultants under Increased Scrutiny," Ballard Spahr alert, November 7, 2013

Co-author, "Comments of the NY Council of Defense Lawyers Regarding 2013 Proposed Amendments to Sentencing Guidelines, Policy Statements, and Official Commentary," New York Council of Defense Lawyers, March 19, 2013

Co-author, "Difficult Issues: Indemnification and Fee-Advancement," Law Journal Newsletters Business Crimes Bulletin, November 30, 2012

Speaking Engagements

Speaker, "The Next Wave: The Government’s Focus on U.S. Investments to Evade Foreign Taxes," 33rd Annual National Institute on Criminal Tax Fraud and the Sixth Annual National Institute on Tax Controversy, Las Vegas, December 8, 2016

Speaker, "Plea Bargaining," Twenty-Fifth Annual National Seminar on Federal Sentencing, Orlando, June 1, 2016

Speaker, "Federal Sentencing: Maximizing Client Outcomes from the Investigation to Post-Sentencing," Lawline CLE webinar, May 17, 2016

Speaker, "Recent High Frequency Trading and Spoofing Enforcement Actions: Lessons Learned and Compliance," ABA Business Law Section Spring Meeting, Montreal, Canada, April 7, 2016

Speaker, "Recent Developments in Law Enforcement," ABA 2016 Digital Currency and Blockchain Technology Institute, Washington, D.C., April 1, 2016

Is Climate Change Real? The Current Atmosphere and Future Forecast for White Collar Sentencing Guidelines," Pennsylvania Association of Criminal Defense Lawyers, Philadelphia, November 12, 2015

"The Do's and Don'ts of Conducting Internal Investigations," Ballard Spahr webinar, November 10, 2015

"Clemency Petitions: How to Shave Years Off Sentences," The Second Circuit Judicial Council and The Federal Defenders of New York, New York, June 26, 2015

"Attorney Privilege and Work Product," New York State – Federal Judicial Council and the Second Circuit Judicial Council: Attorney Privilege and Work Product, New York, June 18, 2015

"Plea Bargaining," The Tampa Bay Chapter of the Federal Bar Association, the National Association of Criminal Defense Lawyers, and the Criminal Justice Section of the American Bar Association: The 24th Annual National Seminar on the Federal Sentencing Guidelines, St. Petersburg, Florida, May 28, 2015

"The Future of Conspiracy Law," NACDL & NYSACDL: Criminal Conspiracy, New York, May 15, 2015

"Halt or Reform? Death Penalty & Criminal Sentencing Guidelines Reform," The Widener Law Journal, Widener University School of Law, Harrisburg, April 20, 2015

"White Collar Criminal Defense College at Stetson," National Association of Criminal Defense Lawyers, Stetson University College of Law, Gulfport, Florida, March 12-15, 2015

"Preventing and Defending Against Challenges by Students Accused of Sexual Misconduct," Ballard Spahr webinar, February 26, 2015

"Federal Grand Jury Practice," New York State Association of Criminal Defense Lawyers, Important Topics for Federal Practice, New York, October 24, 2014

"FIRREA: What Banks and Other Consumer Financial Service Providers Need To Know," Ballard Spahr webinar, October 9, 2014

Panelist, "Sentencing Proportionality and Mandatory Minimums," Tampa Bay Chapter of the Federal Bar Association, National Association of Criminal Defense Lawyers, and Criminal Justice Section of the American Bar Association, 23rd Annual National Seminar on the Federal Sentencing Guidelines, St. Petersburg, Fla., June 12, 2014

Faculty, "Sentencing Issues – Sentencing Guidelines & State Sentencing Issues," City Bar Center for CLE, Representing Clients in Federal & State Criminal Tax Investigations: Defense Strategies & Prosecution Initiatives Every Attorney Needs To Know, New York, June 9, 2014

Moderator, "Ethical Issues in Plea Bargaining: The Implications of Missouri v. Frye and Lafler v. Cooper," New York State – Federal Judicial Council, New York City and via webcast, May 21, 2014

"The Consumer Financial Services Industry in the Crosshairs of NY Regulators, Ballard Spahr webinar, April 15, 2014

Panelist, "Cross-Examination" and "Sentencing, Prison Preparation, and Collateral Consequences," National Association of Criminal Defense Lawyers, 3rd Annual White Collar Criminal Defense College at Stetson, Gulfport, Fla., March 22, 2014

"Sentencing Strategies in White Collar Cases," American Bar Association's 28th Annual National Institute on White Collar Crime, Miami Beach, March 6, 2014

Board Memberships

Federal Bar Foundation, 2014-present




Georgetown University Law Center (J.D. 1983, cum laude)
Managing Editor, Tax Lawyer

Tufts University (B.A. 1980, magna cum laude)

District of Columbia

New York

U.S. District Court for the District of Columbia

U.S. District Courts for the Southern and Eastern Districts of New York

U.S. Court of Appeals for the Second Circuit