The Securities and Exchange Commission today announced the appointment of David J. Gottesman as deputy chief litigation counsel in the Division of Enforcement.
Mr. Gottesman joined the SEC in 2004 and was promoted to a supervisory role in the trial unit in 2011, where he has litigated cases involving financial and accounting fraud, insider trading, market manipulation, investment company and adviser fraud, offering fraud, and registration violations.
“David is an outstanding lawyer, demonstrating great judgment, significant securities law expertise, and a drive to succeed,” said Andrew J. Ceresney, director of the SEC’s Division of Enforcement. “I am pleased that he will bring his considerable skills as a trial lawyer to a leadership role in the national litigation program.”
Matthew C. Solomon, chief litigation counsel in the Enforcement Division, added, “David has a keen sense of what works with judges and juries and has distinguished himself as an advocate by winning challenging trials against top defense counsel. His trial acumen, together with his subject matter expertise and strong management experience, will be critical assets to our national litigation program.”
Mr. Gottesman has successfully led several jury trials on behalf of the Commission, including a two-week jury trial that concluded with a finding of liability for accounting fraud against former executives of Hayes-Lemmerz, an international auto parts supplier. He also led one of the SEC's financial crisis cases against two former executives of Charles Schwab & Co. for misleading statements and omissions in marketing the Schwab YieldPlus Fund. The defendants' settlements included significant civil money penalties and industry bars or suspensions. Mr. Gottesman also was a member of the team that obtained admissions of liability as part of an $18 million settlement with hedge fund adviser Philip A. Falcone and his advisory firm Harbinger Capital Partners.
Mr. Gottesman said, “I am honored to have the chance to serve as deputy chief litigation counsel. I look forward to continue helping the Enforcement Division carry out its mission of protecting investors and the markets.”
Mr. Gottesman received his bachelor’s and law degrees from the University of Minnesota. He was a partner at the law firm of Rosenthal and Schanfield, P.C. in Chicago from 1988 to 1991 and began there as an associate in 1982. He was a trial attorney in the Commercial Litigation Branch of the Civil Division of the U.S. Department of Justice from 1991 to 2004.