MATTHEW I. MENCHEL

matthew.menchel@kobrekim.com

Miami:
2 South Biscayne Boulevard, 35th Floor, Miami, Florida 33131
Tel. +1 305 967 6108
Fax. +1 305 967 6128


Matthew I. Menchel is an experienced trial attorney who regularly teaches trial techniques to practicing lawyers and law students. Prior to joining Kobre & Kim LLP, Mr. Menchel served as an Assistant U.S. Attorney as well as the former Chief of the Criminal Division of the U.S. Attorney's Office for the Southern District of Florida, and as a Director of Legal Training and Assistant District Attorney at the New York County District Attorney's Office. At Kobre & Kim LLP, Mr. Menchel focuses on complex civil litigation, insolvency litigation and white-collar criminal defense matters.

Recent Engagements:

Financial Products & Services Litigation:

• Representation of a publicly-traded company in a US $70+ million suit against Merrill Lynch for violations of securities laws and broker-dealer duties
• Representation of a commodity futures trading firm in connection with litigation against several clearing houses and futures and options merchants relating to over US $100 million of disputed trades on the InterContinental Exchange
• Representation of the spouse of a renowned best-selling author in a dispute involving several millions of dollars
• Representation of an asset management firm and officers of the company in defending against a series of related Civil RICO and fraud claims

Insolvency & Debtor-Creditor Disputes:

• Representation of a real estate investor who was defrauded out of US $70+ million in a series of civil actions and as a creditor in a bankruptcy proceeding in the U.S. District Court for the Southern District of Florida and related adversary proceedings

Government Enforcement Defense:

• Representation of an executive at a prosthetic orthopedic parts manufacturer, under investigation by the U.S. Department of Justice for violation of anti-kickback statute
• Representation of Brian Hunter, the former head of energy trading at Amaranth, in connection with an administrative hearing against the Federal Energy Regulatory Commission and in an enforcement proceeding brought by the Commodity Futures and Trading Commission in proceedings involving more than US $300 million in potential fines and penalties
• Lead trial attorney in a US $170 million federal bank fraud case in trial lasting over five months
• Lead trial attorney in a multi-million dollar bankruptcy fraud case in federal district court
• Co-lead trial counsel in a multi-million dollar health fraud case in federal district court
• Representation of Pankesh Patel in the highly-publicized, eight week long "FCPA sting operation" in Washington, DC. Mr. Menchel obtained a novel ruling regarding the government's assertion of expansive jurisdiction under the Foreign Corrupt Practices Act ("FCPA"), which resulted in the Court entering a judgment of acquittal in favor of Mr. Patel on an alleged substantive violation of the act. Mr. Menchel also sought and obtained a mistrial from the Court as to the remaining two charges against Mr. Patel when the jurors were unable to reach a unanimous verdict
• Representation of the Chief Executive Officer of a large publicly traded healthcare company in an investigation by the U.S. Securities and Exchange Commission involving options backdating
• Representation of a hedge fund manager in connection with an investigation conducted by the U.S. Securities and Exchange Commission into trading strategies involving bond indexes

Investigations & Monitorships:

• Representation of an officer of a pharmaceutical company in connection with an internal investigation regarding possible "off label" promotion of certain pharmaceuticals

Prior To Kobre & Kim LLP:

While serving as an Assistant United States Attorney, Mr. Menchel served in the U.S. Attorney's Office for the Southern District of Florida where he worked in Economic Crimes and Public Corruption units handling large complex white collar cases. As Chief of the Criminal Division, Mr. Menchel supervised over 150 federal prosecutors. Mr. Menchel also served for eleven years as an Assistant District Attorney in the New York County District Attorney's Office during which time he trained numerous Assistant District Attorneys in trial advocacy as a Director of Legal Training.

Professional & Community Involvement:

• National Institute for Trial Advocacy ("NITA") and the Cardozo School of Law's Intensive Trial Advocacy Program, Faculty Member
• University of Miami School of Law's Litigation Skills Program, Adjunct Professor

News & Publications:

• Co-author of the treatise New York Criminal Law (West Publications)

Practice Focus:

• Insolvency & Debtor-Creditor Disputes
• Government Enforcement Defense

Education:

• The City University of New York Law School at Queens College, J.D.
• The State University of New York at Binghamton, B.A.

Admissions:

• New York
• Florida
• New Jersey
• U.S. District Courts for the Middle and Southern Districts of Florida
• U.S. District Court of New Jersey
• U.S. District Courts for the Southern, Eastern and Northern Districts of New York
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Eleventh Circuit