FacultyFaculty/Author Profile
John Einstman

John Einstman

US Commodity Futures Trading Comm

Washington, DC, USA


CAREER EXPERIENCE

U.S. Commodity Futures Trading Commission, Washington, D.C., March 2008 - Present

Chief Trial Attorney, Division of Enforcement

  • Responsible for and oversee all facets of litigating civil enforcement actions in United States District Courts brought by the Commission and in administrative actions brought by the Division before the Commission.
  • On behalf of the Commission, and in all aspects of complex federal civil litigation:present arguments; conduct legal research; interpret federal and state statutes, federal regulations, and federal and state case law; draft pleadings and filings; interact and negotiate with opposing counsel; develop and implement investigation and trial strategy; and coordinate with state, federal, and international civil and criminal enforcement agencies.
  • Supervise and review the work of trial attorneys and futures trading investigators in the prosecution of violations of the Commodity Exchange Act and Commission Regulations, from initial referral stage through litigation.
  • Depose and take investigative testimony domestically and internationally from dozens of defendants and witnesses in manipulation and fraud investigations concerning sophisticated financial derivative products.
  • Assisted the Director of Enforcement in presenting an ongoing manipulation case to the Commission.
  • Draft and revise pleadings, motions, memoranda of law, proposed orders, subpoenas, and correspondence.
  • Negotiated and secured tens of millions of dollars in settlements paid to the United States Treasury.
  • Serve on the Division of Enforcement’s attorney hiring committee.

U.S. Attorney’s Office for the District of Columbia, Washington, D.C., June 2003 - March 2008

Assistant United States Attorney

  • Investigated and indicted 44 felony cases, and represented the United States in hundreds of hearings.
  • Tried ten felony cases in the Superior Court for the District of Columbia.
  • Tried 29 misdemeanor cases, obtaining 27 guilty verdicts, and carried a case load of over 100 cases.
  • Filed 20 appellate briefs, including Williams v. United States, 881 A.2d 557 (D.C. 2005), and successfully argued five cases, including the First-Degree Murder convictions in Simpson v. United States, 877 A.2d 1045 (D.C. 2005), and Gamble v. United States, 901 A.2d 159 (D.C. 2006).
  • Received Special Achievement Awards for superior performance in 2004, 2005, and 2006.
  • Served on the United States Attorney’s Office attorney hiring committee.

U.S. Department of Justice, Commercial Litigation Branch, Washington, D.C., May 1999 - June 2003

Trial Attorney

  • Served as lead counsel in over 85 cases in the U.S. Courts of Federal Claims and International Trade.
  • Drafted and argued motions, drafted and responded to discovery requests, took and defended depositions.
  • Argued and briefed appeals in the U.S. Court of Appeals for the Federal Circuit.
  • Argued two cases before the U.S. Court of International Trade and ten cases before the U.S. Court of Appeals for the Federal Circuit, including the seminal case concerning entitlement to law enforcement officer credit in Watson v. Department of Navy, 262 F.3d 1292 (Fed. Cir. 2001).

U.S. Army Judge Advocate General’s Corps, Captain, June 1995 - May 1999

Appellate Defense Counsel, Falls Church, Virginia, June 1998 - May 1999

  • As lead counsel, briefed and argued appeals and all petitions for extraordinary relief in the U.S. Court of
  • Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals.
  • Argued and obtained reversal in United States v. Morrison, 52 M.J. 117 (1999), in the U.S. Court of Appeals for the Armed Forces, and argued three cases in the U.S. Army Court of Criminal Appeals.
  • Filed 53 briefs and represented over 100 clients with courts-martial convictions.

Prosecuting Trial Counsel, Fort Stewart, Savannah, Georgia, April 1997 - June 1998

Group Judge Advocate, Port-au-Prince, Haiti, November 1996 - April 1997

General Practice Attorney, Fort Stewart, Savannah, Georgia, June 1995 - November 1996

 EDUCATION

The College of William and Mary Marshall-Wythe School of Law, Juris Doctor, Spring 1994

The College of William and Mary, Bachelor of Arts, Political Science, Spring 1990

 STATE BAR MEMBERSHIPS:  Member in good standing of the bars of the District of Columbia and Pennsylvania.

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