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Faculty Andrew M. J. Bernstein
Partner at
Fox Rothschild
White-Collar Criminal Defense and Investigations
Admitted Jurisdictions
Practice Areas
Biography
Andrew is a partner in the firm’s litigation practice. He is a trial and investigations lawyer whose practice focuses on white-collar criminal defense, government and corporate investigations, enforcement actions and regulatory compliance. Andrew also represents licensed professionals in misconduct and disciplinary proceedings.
Andrew regularly represents corporations and individuals in grand jury and regulatory investigations conducted by the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC), the Internal Revenue Service (IRS) and various state law enforcement and regulatory agencies. Andrew has tried more than 25 criminal cases to verdict in federal and state courts in various jurisdictions and litigated numerous pretrial hearings. In addition to his litigation successes, he has helped many clients under investigation or subpoena avoid criminal charges and other sanctions. While Andrew built his public reputation on trial wins, often his clients most celebrate his ability to stop an investigation and keep it out of the public eye.
Andrew frequently lectures on all matters of white-collar criminal defense, with a particular focus on representing corporations and individuals in grand jury and regulatory investigations. He has lectured extensively for the New York State Bar Association (NYSBA), national and regional Continuing Legal Education (CLE) providers such as Lawline, Law Practice CLE and Marino Legal. Recently, he has become a trusted legal commentator for media outlets such as YahooNews, News Nation, The American Banker and others.
Before Fox Rothschild
Andrew served as a partner at a global law firm before joining us. He previously practiced as the chair of the white-collar criminal defense practice at a securities law firm. Before that, he was a founding partner of a boutique litigation firm and a trial attorney for The Legal Aid Society’s Manhattan Criminal Practice.
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Speaking Engagements
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2021 White-Collar Criminal Defense Litigation Update
View SpeechJuly 22, 2021
In 2021, there has been a change in the White House, the make-up of Congress, and in leadership roles at the DOJ, SEC, and other criminal and regulatory enforcement bodies. Coupled with a new Supreme Court composition and the fallout from pandemic era-related frauds, the white-collar defense landscape is ever-changing. This program will alert white-collar defense practitioners to the recent shift in the government's criminal and enforcement priorities and offer a recap on the important developments for the first and second quarters of 2021. Additionally, the program will offer insights on how to defend clients against common pandemic era allegations and advise clients on how to avoid the extra scrutiny brought on by pandemic-related enforcement. This program is presented by Andrew M. J. Bernstein, Partner, and Chair of Sichenzia Ross Ference LLP's White-Collar Defense and Investigations Practice. The course will benefit white-collar criminal defense practitioners who represent corporations and individuals in government investigations, criminal cases, and in parallel regulatory and quasi-criminal investigations.
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Preparing Your Client to Testify Before a Grand Jury
View SpeechJanuary 25, 2021
New York, New YorkFor a criminal defendant or a target of a government investigation, there may be no higher-stakes situation than testifying before a grand jury. A successful outcome may result in the dismissal or reduction of criminal charges or the conclusion of an investigation without criminal charges ever being filed. This course will cover how to effectively prepare a client, who is either a defendant in a criminal case or a target of a government investigation, to testify before a grand jury. This program will benefit criminal defense practitioners who represent clients facing pre-indictment felony charges or individuals or corporations who are the target of a grand jury investigation. Additionally, the skills taught in this course are valuable to any lawyer who may need to prepare a client to make a sworn statement or give sworn testimony in any type of proceeding.
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Making an Initial Appearance in a NY Criminal Case in the COVID-19 Era
View SpeechNovember 30, 2020
New York, New YorkThis course, presented by Andrew M. J. Bernstein, Esq., Chair of Sichenzia Ross Ference LLP’s White-Collar Defense and Investigations Practice, will cover the basics of representing a criminal defendant at a remote NY Federal or State initial appearance in a criminal matter during the age of COVID-19. This program will benefit both new criminal practitioners looking to learn about remote initial appearances and experienced criminal defense lawyers who have yet to represent a recently arrested or charged client in the COVID-19 era.
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On Demand Audio New York State Grand Jury Practice for Criminal Defense Attorneys
View SpeechSeptember 28, 2020
This course, presented by Andrew M. J. Bernstein, Leader of Sichenzia Ross Ference LLP’s White-Collar Defense and Investigations Practice, will cover the law governing grand juries, grand jury presentations by the prosecutor, and the intricacies and responsibilities of criminal defense attorneys representing defendants who will be or are considering appearing before a grand jury. This program will benefit Criminal Court/District Court practitioners looking to expand their practice to include felony grand jury practice as well as experienced criminal defense attorneys looking to further strengthen their current grand jury practice.
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Grand Jury Presentations & Representing Clients In Grand Jury – NYSBA Trial Academy Virtual Conference (Webinar)
View SpeechAugust 21, 2020
“We’re going into the Grand Jury.” “So, are we!” Representing Clients in the Grand Jury will cover the intricacies of representing individual and corporate clients appearing before a grand jury as either a defendant, target, or witness. Preparing clients to testify, requesting legal instructions, making favorable witnesses known to the prosecutor and other essential defense strategies, obligations, and considerations will be discussed. Also, law and practice involved in grand jury presentations, including, burden of proof and role of the District Attorney.
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Articles & Publications
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Sichenzia Ross Ference Partner, and Chair of the White-Collar Defense Practice, Andrew M. J. Bernstein’s CLE Chosen for NYSBA Video Replay
September 09, 2021
During the month of September, the New York State Bar Association (“NYSBA”) will be doing a series of video replays of its most popular virtual CLEs. Partner and Chair of Sichenzia Ross Ference LLP’s White-Collar Defense and Investigations practice, Andrew M. J. Bernstein’s successful and highly rated presentation titled “Grand Jury Practice for Criminal Defense Attorneys in New York State” will be featured online again on Tuesday September 14, 2021 at 12:00 PM.
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Andrew M. J. Bernstein to Present CLE on “Preparing Your Client to Testify Before a Grand Jury”
January 11, 2021
Andrew M. J. Bernstein, Partner and leader of Sichenzia Ross Ference LLP’s White-Collar Defense and Investigations practice, will be presenting “Preparing Your Client to Testify Before a Grand Jury” on Monday January 25, 2021 at 11:30 A.M. EST. The course will cover how to effectively prepare a client, who is either a defendant in a criminal case or a target of a government investigation, to testify before a grand jury.
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Andrew M. J. Bernstein Presented CLE on Initial Appearances in Criminal Matters in the COVID era.
December 08, 2020
Andrew M. J. Bernstein, Partner and leader of Sichenzia Ross Ference LLP’s White-Collar Defense and Investigations practice, presented “Making an Initial Appearance in a NY Criminal Case in the COVID-19 Era,” last Monday, November 30, 2020. This is Mr. Bernstein’s second collaboration with Lawline this year. The CLE course was filmed live and is now available for online viewing anytime by clicking here. This CLE presentation focused on how to effectively represent clients at remote initial presentments or arraignments in New York federal and state criminal matters. Mr. Bernstein further offered his expertise and insights from his recent successful remote appearances.
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Sichenzia Ross Ference LLP Recognized in U.S. News & World Report – “Best Law Firms" for 2021
November 18, 2020
Sichenzia Ross Ference LLP is proud to be included in the 2021 list of “Best Law Firms” ranking issued by U.S. News & World Report. The firm was recognized as a top tier Metropolitan “Best Law Firm” in the Corporate Law practice area. Based on a rigorous evaluation process through consistent impressive ratings from clients and peers, “Best Law Firm” is a prestigious list in which the firm is honored to be recognized.
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Eight Sichenzia Ross Ference LLP Attorneys Selected for Inclusion on 2020 Super Lawyers Lists
November 03, 2020
Press Release – New York, NY – November 3, 2020 – Sichenzia Ross Ference LLP, a leading corporate and securities law firm, announced today that eight of its attorneys were recognized by Super Lawyers Magazine for 2020, including Partner and Chair of its White Collar Defense Practice, Andrew M. J. Bernstein, Esq.
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Sichenzia Ross Ference Partner Andrew M. J. Bernstein, Esq. to Present Grand Jury CLE for Lawline
September 20, 2020
Sichenzia Ross Ference partner, and leader of the firm’s White-collar Defense and Investigations practice, Andrew M. J. Bernstein will be presenting “New York State Grand Jury Practice for Criminal Defense Attorneys” on Monday September 28, 2020 at 4:00 P.M. The CLE course, presented by Lawline, will be live-streamed that day and the recording will be available any time after online at https://www.lawline.com.
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Sichenzia Ross Ference Partner Andrew M. J. Bernstein, Esq. Will Present at the Next Installment of The New York State Bar Association’s 2020 Trial Academy Virtual Conference Series: “Grand Jury Presentations and Representing Clients in the Grand Jury,” o
August 18, 2020
Sichenzia Ross Ference partner, and leader of the firm’s white-collar defense practice, Andrew M. J. Bernstein will be presenting at “Grand Jury Presentations and Representing Clients in the Grand Jury.” The presentation, which is Continuing Legal Education (“CLE”) accredited, is part of the New York State Bar Association’s (NYSBA) 2020 Trial Academy Virtual Conference series. The program will also feature Catherine A. Christian, Esq., Senior Assistant District Attorney from the New York County District Attorney’s Office, Special Victims Bureau.
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Andrew M. J. Bernstein, Esq. to Lead SRF's White Collar Defense Practice
Press Release – New York, NY – May 4, 2020 – Sichenzia Ross Ference, a leading securities and corporate law firm, announced today that Andrew Bernstein will join the firm as a Partner, leading the Firm’s white-collar criminal defense practice.
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Professional Memberships
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New York State Association of Criminal Defense Lawyers
2016 - 2024
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New York State Bar Association - Criminal Justice Section (Executive Committee Member)
2017 - 2024
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New York Criminal Bar Association
2017 - 2024
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National Association of Criminal Defense Lawyers
2018 - 2024
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Southern District of New York Criminal Justice Act Panel Member
2019 - 2024
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Eileen M. Burke Foundation (Board Member)
2017 - 2023
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Eastern District of New York Criminal Justice Act Panel Member
2019 - 2021
Education
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Touro Law School
J. D. (2011)
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The Pennsylvania State University
B.S., Crime, Law & Justice (2006)