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Cuti Frisch PLLC

 


 


Cuti Frisch PLLC

40 Fulton Street, New York, NY 10038

(212) 285-8000
(646) 304-0352


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Results
Andrew J. Frisch
Tel: (212) 285-8000
Fax: (646) 304-0352
afrisch@cutifrisch.com

Practicing in federal and state courts for over forty years, Andrew J. Frisch is renowned for devotion to his clients and determined advocacy in championing them through federal and state criminal and civil investigations, trials, appeals, and SEC administrative proceedings. Andy's focused practice affords him the incomparable satisfaction of fighting for his clients, unencumbered by typical law firm agendas. He provides the best possible representation with unequaled personal commitment.

Andy has won acquittals, dismissals and reversals in especially challenging trials and appeals. He has litigated hundreds of cases, including over 30 jury trials and over 150 appeals.

Results
  • Won acquittals, dismissals or deadlocks of 106 counts against the former Chief Financial Officer of Dewey & LeBoeuf LLP, charged with defrauding the global law firm's creditors; retrial resulted in sentence of community service and a fine.
  • Won dismissal of a $40 million civil lawsuit against a New York attorney sued for allegedly facilitating a Ponzi scheme.
  • Won dismissal of a federal indictment charging an accomplished physician with health care fraud.
  • Won acquittal after federal jury trial of a physician charged with obstructing a federal investigation.
  • Won acquittal after federal jury trial of an entrepreneur charged with using extortionate means to collect a debt.
  • Won sentence of time served for Australian chat moderator of Silk Road website.
    "Silk Road Member Avoids Further Jail," Sydney Morning Herald
  • Won appeal in the United States Court of Appeals for the Second Circuit from a securities fraud judgment against a Prudential broker charged with market timing.
    "Second Circuit Dismisses All Claims Against Former Top Prudential Broker Capping 11 Year Quest to Establish Innocence," Reuters.com
  • Won appeal in the United States Court of Appeals for the Second Circuit from a securities fraud conviction of a Merrill Lynch broker, the lead defendant in the federal "Squawk Box" prosecution.
    Ex-Merrill Lynch Broker's Squawk Box Conviction Reversed," Bloomberg.com
  • Won appeal in the United States Court of Appeals for the Tenth Circuit (Denver) from an order requiring a criminal defense attorney to testify against his client before a Utah grand jury.
  • Won appeal in the United States Court of Appeals for the Second Circuit based on improper preclusion of an FBI agent's testimony that the defendant had done nothing wrong.
    "Error Leads Circuit to Order New Trial for Informant," New York Law Journal
  • Won appeal from a conviction for murder in 2015 committed in 1985.
    "Appeals Court Tosses Cold-Case Murder Triumph," www.syracuse.com
  • Won dismissal with prejudice of an estate attorney's federal lawsuit for malicious prosecution against a beneficiary who had challenged the attorney's right to administer the estate.
  • Won challenge to the government's seizure of funds in European bank accounts wrongly alleged to be subject to criminal forfeiture which rightly belonged to the daughter of a former head of state.
  • Won release of jewelry wholesaler's incoming shipments of gold illegally seized by United States Customs.
  • Represented the lead defendant among Bernard Madoff's senior employees charged with criminal and civil securities fraud for facilitating Madoff's Ponzi scheme.
  • Persuaded prosecutors to resolve indicted charges of fraud against a telecommunications executive with a non-criminal disposition and corporate plea.
  • Persuaded the Financial Industry Regulatory Authority not to charge an industry executive for violating Stock Exchange and NASD Rules.
  • Persuaded prosecutors not to charge a corporate officer with racketeering and an attorney for securities fraud.
  • From 2006 to 2008, headed the white collar crime practice of a national law firm
  • From 1995 to 2006, served the United States Department of Justice as a federal prosecutor in the Eastern District of New York, appointed Senior Litigation Counsel in the Office's Business and Securities Frauds and Public Integrity Units and attorney-in-charge of the Office's criminal environmental practice
  • Detailed to United States Senate Judiciary Committee's Minority Counsel during hearings into White House campaign fund-raising and nuclear scientist's espionage
  • Member, New York Council of Defense Lawyers
  • Awarded by the United States Department of Justice for Superior Performance by a Federal Prosecutor
  • Awarded the Charles E. Rose Award by the Eastern District of New York Association
John R. Cuti
Tel: (212) 285-8000
Fax: (646) 304-0352
jcuti@cutifrisch.com

John R. Cuti is a seasoned trial lawyer and problem solver. He litigates commercial, defamation, securities-law and corporate-governance disputes, criminal matters, and a wide range of civil rights issues. Before founding Cuti Frisch PLLC, John was a founding partner at two boutique litigation firms, a partner at a national law firm, and the General Counsel of two public companies.

Education

J.D., New York University School of Law, 1990, cum laude
• Order of the Coif
B.A., University of Virginia, 1987, magna cum laude

Admissions
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern, Eastern, Northern, and Western Districts of New York
Professional and Community Activities
  • Director, National Center for Access to Justice
  • Association of the Bar of the City of New York
  • Board of Trustees, Neighborhood Defender Service of Harlem (2000 – 2013)
Professional Recognition
  • Recipient, Champion of Children and Families Award, Legal Information for Families Today, 2007
  • Recipient, Ethical New York Award, Common Cause, 2000 (awarded for significant achievements in ballot access litigation)
Representative Cases
Litigation
  • Contract, employment, regulatory and other matters for sophisticated clients including IAC Interactive, Vimeo, Match.com, Martha Stewart Living, The Street.com, GrubHub/Seamless, and individual corporate officers and directors. Matters include:
    • Narayanan v. Sutherland Global Holdings – Represented corporate director in District Court and in the Second Circuit, ultimately prevailing at trial, obtaining recovery far in excess of value of contract claim, and dismissal of Defendant's breach-of-fiduciary-duty claim.
    • Icelandic Water Holdings, hf. – Successfully tried arbitration on behalf of Icelandic, resulting in dismissal of small investment bank's claim for additional compensation.
    • Brodsky v. Match.com – Successfully represented Match.com in a putative nationwide class action alleging RICO, consumer fraud, and contract violations.
    • Cope v. IAC Search, LLC – Successfully represented IAC Search in litigation over $25 million acquisition of software company.
  • Regulatory and Administrative Agency Proceedings for well-known New York City catering and party planning entities.
Government Investigations
  • Tax Incentives Investigation – Represented company in connection with government inquiry into State tax incentive program.
  • Confidential DOJ Investigation – Represented senior financial services executive in connection with DOJ inquiry into trading practices at large financial institution.
  • Moreland Commission Investigation – Represented parties in State government investigation regarding lobbying and ethical issues.
  • Matter of Merrill Lynch – Represented a Merrill Lynch senior executive in inquiry by the New York Attorney General.
  • Judicial Conduct – Represented New York State Court justices and judges accused of judicial misconduct.
Civil Rights Litigation
  • Walden v. Kosinski, et al. – Representing candidate for Mayor of New York City in First Amendment challenge to provision of the Election Law severely burdening his access to the ballot.
  • 2020 Presidential Election – Participated with national team of lawyers advising state attorneys general on constitutional and state-law issues regarding election administration, ballot canvassing and counting, recounts, and election contests.
  • Estate of Kurt Doerbecker et al. v. Nassau County et al. – Successfully represented estate and family of 23-year-old man who was fatally shot in the back of the head by a Nassau County police officer in a federal civil rights and wrongful death suit.
  • Luke Herrine and Leo Gertner – Successfully represented NYU School of Law students in First Amendment challenge to subpoenas.
  • Third Church of Christ, Scientist v. City of New York – Obtained a permanent injunction under the Religious Land Use and Institutionalized Persons Act against the New York City Department of Buildings.
  • Friends of the HighLine v. City of New York – Won a preliminary injunction on behalf of the New York City Council preventing the destruction of an elevated railroad line that has since been converted into a unique public park.
  • Jacobs v. Seminole County Canvassing Board – Trial counsel in a challenge to the Seminole County absentee ballot application process as part of the statewide Democratic Party challenge to the 2000 presidential election in Florida.
  • McCain v. Powers; Rockefeller v. Powers – Successfully represented 2000 and 1996 presidential candidates John McCain and Steve Forbes in constitutional challenges to New York's ballot access laws.
Criminal Litigation
  • United States v. Martha Stewart and Peter Bacanovic – Trial counsel for Martha Stewart in a criminal trial alleging securities fraud and obstruction of an SEC agency proceeding.
  • People of the State of New York v. Anthony Marshall – Trial counsel and Lead appellate counsel for Ambassador Marshall in fraud and larceny case regarding his mother, Brooke Astor.
  • People of the State of New York v. Ronald Meadow – Obtained reversal of murder conviction in the Appellate Division, Fourth Department; represented defendant at retrial.
Advice Regarding Unwanted Media Coverage
  • Brett Kavanaugh Hearings – Defamation and public relations advice to key figure in Brett Kavanaugh Senate Confirmation Hearings.
  • Finance Executive – Defamation and public relations advice to prominent finance executive.
  • General Counsel – Advised General Counsel of well-known company regarding successful effort to persuade major newspaper to omit him from negative story.
  • High-profile Entrepreneur – Defamation and public relations advice to prominent founder of global business.
General Counsel Experience

MortgageIT Holdings, Inc.
2004-2005
Member of senior management team of publicly traded mortgage REIT (NYSE: MHL) that has since been acquired by Deutsche Bank.

Martha Stewart Living Omnimedia, Inc.
2005-2007
Member of senior management at publicly traded corporation with publishing, internet, television and merchandising businesses.