Private Attorneys for R. Marcus Andrade Seek to Remove Themselves from Representation of Andrade After LIT Spotlights this Criminal Case
PLEASE TAKE NOTICE THAT at 2:30 p.m. PDT on Tuesday, July 20, 2021, or as soon thereafter as counsel may be heard before the Honorable Richard Seeborg, United States District Judge of the United States District Court for the Northern District of California, San Francisco Division, 450 Golden Gate Avenue, San Francisco, Katherine D. Cooper, Lionel André of Murphy & McGonigle, PC, and Mauricio S. Beugelmans of Murphy & McGonigle, RLLP, shall and hereby do respectfully seek leave of this Court, pursuant to Local R. 11-5(a), Crim. Local R. 44-2(b), and in compliance with Cal. R. Prof. Conduct Rule 1.16(b), to withdraw as counsel for Defendant Rowland Marcus Andrade.
MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT ANDRADE
Pursuant to the Northern District of California’s Criminal Local Rule 44-2(b), Katherine D. Cooper and Lionel André of Murphy & McGonigle, PC, and Mauricio S. Beugelmans of Murphy & McGonigle, RLLP (“Movants”) hereby notify the Government and the Court of their intent to withdraw as counsel for defendant Rowland Marcus Andrade.
Movants state the following grounds for this notice and motion:
1. Movant Mauricio S. Beugelmans of Murphy & McGonigle, RLLP, filed his notice of appearance in the instant matter on December 22, 2020.
2. This Court granted Movants Cooper and André leave to appear pro hac vice in this action pursuant to its December 22, 2020, Order.
3. Movants have represented DEFENDANT Andrade since November 2020, in connection with the instant criminal matter by joining his criminal defense team, headed by Manny Medrano.
4. Movants seek leave to withdraw their representation of Defendant Andrade for professional considerations under Cal. R. Prof. Conduct Rule 1.16(b). In light of their duty of confidentiality under Cal. R. Prof. Conduct Rule 1.6, Movants decline to provide additional details regarding their basis for withdrawing pursuant to Cal. R. Prof. Conduct Rule 1.16(b). Given Rule 1.6, any further detail should only be shared with the Court in camera.
Cal. R. Prof. Conduct Rule 1.16(b)
5. Movants’ withdrawal will not cause any prejudice to Defendant Andrade or delay in this matter because Defendant Andrade’s original defense attorneys, Manny Medrano and Brian Beck, will remain attorneys of record for Defendant Andrade.
In addition, because Defendant Andrade is not currently detained upon information and belief, it is unlikely that a trial date in this matter will be set to commence before 2022.
6. Given the insubstantial nature of this Motion, as well as the substantial burden to all parties in travelling and attending a hearing on this Motion, Movants respectfully request that the Court waive oral argument.
For the foregoing reasons, Movants respectfully request that this Court waive oral argument on this Motion, grant them leave to withdraw as counsels in the above-captioned matter, and enter an order stating that Movants have so withdrawn.
15 July 2021
/s/ Katherine D. Cooper
KATHERINE D. COOPER
Murphy & McGonigle, P.C.
MAURICIO S. BEUGELMANS
Murphy & McGonigle, RLLP
Attorneys for Defendant Rowland Marcus Andrade
— LawsInTexas (@lawsintexasusa) July 15, 2021
Katherine Cooper advises clients on issues arising in the sale and trading of commodities, derivatives, securities and digital assets. She also represents clients in regulatory investigations and enforcement actions.
With twenty years of experience working in leadership roles at an exchange, swap dealers and the Commodity Futures Trading Commission, Katherine offers financial market participants trusted guidance to help them chart their way through the often confusing legal and regulatory landscape. She provides clients not only the knowledge about the applicable law and regulations, but also an understanding of the ecosystem created by the interplay between different types of market participants trading derivatives and other financial products. This allows her to not only advise on compliance with the applicable law, regulations and rules, but also help clients identify and exploit strategic opportunities sometimes created by changes in the law to launch new products and services.
Katherine previously served as the Chief Regulatory Officer of NYSE Liffe US, a CFTC-registered futures exchange. In that role, she advised the Board and senior management on the extensive changes made to the Commodity Exchange Act and Commodity Futures Trading Commission’s regulations by the Dodd-Frank Act and related rulemakings. She worked to launch New York Portfolio Clearing, a CFTC-registered clearinghouse, which provided an innovative portfolio margining process that margined certain clearing participants’ cash, securities and related derivatives positions as a single portfolio.
As Chief Regulatory Officer, Katherine also oversaw NYSE Liffe US’s self-regulatory program including the surveillance, investigation and prosecution of disciplinary actions involving violations of law, CFTC regulations and exchange rules.
Prior to NYSE Liffe US, Katherine worked in senior management roles in compliance at Barclays Capital and before that Citigroup Global Markets. She led teams of compliance professionals covering the public sales and trading of fixed income, currencies and commodities assets, as well as equity execution, equity derivatives, preferred securities and structured products businesses.
Before her work at Citigroup, Katherine served as a Trial Attorney and then Senior Trial Attorney in the Enforcement Division at the CFTC.
In that role, she led teams of attorneys and investigators in the investigation and prosecution of enforcement actions involving frauds and other wrongdoing committed by brokerage houses, commodity trading advisers, commodity pool operators, foreign exchange boiler rooms, and exchange floor members.
Some of these matters led Katherine to conduct joint or parallel investigations with other government authorities including the FBI, the US Postal Inspection Service, and the New York State Attorney General’s Office, as well as foreign government authorities in the United Kingdom, France and Germany.
Prior to her service with the CFTC, Katherine was an associate at Lankler Siffert & Wohl which represented clients in parallel civil and criminal investigations of anti-trust, securities and other matters, as well as in civil matters including commercial litigation, bankruptcy and real estate matters.
Before Lankler, Katherine was a litigation associate at Sullivan & Cromwell where she assisted in the representation of clients in securities, anti-trust, bankruptcy, breach of contract, foreclosure, and lien enforcement matters.
Katherine received her Juris Doctor from the University of Virginia School of Law and earned a Masters of Arts Degree in Philosophy from the Columbia University Graduate School of Arts and Sciences.
She received her undergraduate degree in Philosophy & Economics from Columbia College.
She is a member of the New York, District of Columbia and Virginia Bars.
She is admitted to the United States District Courts for the Southern and Eastern Districts of New York.
Lionel André is a highly experienced litigator addressing investigation and white collar issues.
He brings unique and significant work experience of over thirteen years of SEC investigation and litigation experience and over sixteen years of DOJ criminal trial experience.
Most recently, Mr. André served as Assistant United States Attorney in the Fraud and Public Corruption Section in the United States Attorney’s Office for the District of Columbia.
At the U.S. Attorney’s Office, he served as Senior Litigation Counsel and Health Care Fraud Coordinator in the Fraud and Public Corruption Section. Mr. André prosecuted criminal matters from grand jury to verdict in the United States District Court for the District of Columbia.
He conducted numerous investigations involving wide-ranging violations of both federal and local criminal laws, using a variety of investigative tools, including wire interceptions, administrative and grand jury subpoenas, covert operations, cooperating witnesses, and search warrants.
Mr. André supervised teams of investigators from various federal and local law enforcement agencies including the Federal Bureau of Investigation, Postal Inspection Service, U.S. Secret Service, U.S. Department of Homeland Security, U.S. Health & Human Services, and the Internal Revenue Service’s Criminal Investigation Division where his caseload included matters involving healthcare fraud, off-label marketing schemes, pharmaceutical fraud, federal procurement fraud, false claims, campaign finance violations, public corruption, securities fraud, money laundering, and environmental crimes.
Prior to that, Mr. André spent time at the United States Securities & Exchange Commission as Assistant Chief Litigation Counsel (1999-2001), Senior Counsel (1990-1999), and Staff Attorney (1987-1990), Division of Enforcement.
He prosecuted violators of federal securities laws and handled numerous matters in the areas of financial fraud, executive compensation, auditor independence, Foreign Corrupt Practices Act, broker-dealer regulation and supervision, Internet fraud, micro-cap stock manipulation, “prime bank” securities fraud, unregistered distribution of securities, self-dealing by fund managers, and insider trading.
Mr. André earned the U.S. Attorney’s Office Special Achievement Award on six occasions in recognition of meritorious service and sustained superior performance.
In 2016, he received the Federal Bureau of Investigation Commendation, awarded for the successful prosecution of U.S. v. Florence and Michael Bikundi, (largest healthcare fraud case in the District of Columbia history). Mr. André received the Federal Bureau of Investigation Commendation in 2012, which was awarded for Outstanding Prosecutorial Assistance to the Federal Bureau of Investigation on local public corruption matters.
While at the Securities and Exchange Commission, he was awarded the Director’s Award in recognition of Outstanding Contribution to the Enforcement of the Federal Securities Laws in 2000.
Mr. Beugelmans focuses his practice on serving financial institutions in securities litigation, arbitration, employment, and regulatory proceedings. He established Murphy & McGonigle’s first West Coast office, located in San Francisco, CA.
Mr. Beugelmans brings over twenty years of litigation and FINRA, CFTC, and SEC regulatory experience from his prior roles as in-house counsel at Morgan Stanley and Charles Schwab, as managing partner of a law firm serving financial institutions, and as a litigation and financial markets partner in a national law firm.
Mr. Beugelmans held various leadership roles in Morgan Stanley’s compliance and legal division, including as counsel to Morgan Stanley’s chief compliance officer. He has led hundreds of securities arbitration, internal investigations, and regulatory proceedings. Following his tenure at Morgan Stanley, he returned to private practice and founded a law firm, serving as the firm’s managing partner for ten years.
Martindale-Hubbell has assigned Mr. Beugelmans a rating of AV Preeminent, its highest peer rating standard. In addition, he received recognition as a Top Rated Securities Litigation Attorney in San Francisco in SuperLawyers 2020.
U.S. District Court
California Northern District (San Francisco)
CRIMINAL DOCKET FOR CASE #: 3:20-cr-00249-RS-1
|Case title: USA v. Andrade||Date Filed: 06/22/2020|
|Date Filed||#||Docket Text|
|06/23/2021||50||CLERK’S NOTICE ADVANCING THE TIME FOR THE STATUS HEARING as to Rowland Marcus Andrade. Status Conference set for 7/13/2021 at 09:30 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 6/23/2021) (Entered: 06/23/2021)|
|06/24/2021||51||CLERKS NOTICE SETTING ZOOM STATUS HEARING. Status Conference set for 7/13/2021 at 02:30 PM in San Francisco, – Videoconference Only before Judge Richard Seeborg. This proceeding will be held via a Zoom webinar.
Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/rs
General Order 58. Persons granted access to court proceedi ngs held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.
Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.
(This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 6/2 4/2021) (Entered: 06/24/2021)
|07/13/2021||52||Minute Entry for proceedings held before Judge Richard Seeborg: Status Conference as to Rowland Marcus Andrade held via Zoom on 7/13/2021.Court proceedings held by zoom. General Order 74 authorizes the Court to proceed by way of video conference hearing.
Counsel will inform the Court by Monday, July 19, 2021 re: status of their legal representation.
Status Conference set for 7/20/2021 at 02:30 PM in San Francisco, – Videoconference Only before Judge Richard Seeborg.
Total Time in Court 8 minutes.
Court Reporter: Ana Dub.Plaintiff Attorney: Andrew Dawson.
Defendant Attorney: Manuel Medrano, Katherine Cooper, Lionel Andre.
Probation Officer: n/a.
Pretrial Officer: n/a.
Defendant Present: Yes.
Defendant in Custody: No.Excludable Delay:
Category: Effective Preparation of Counsel.
Government to prepare an exclusion order.(This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 7/13/2021) (Entered: 07/13/2021)