Mr. Bornstein joined K&L Gates in 2005 following an almost 20-year career in the criminal and civil divisions of the San Francisco United States Attorneys Office. Mr. Bornstein concentrates his practice in white collar crime/criminal defense, securities enforcement matters, and internal investigations, as well as environmental, class actions and other types of civil litigation. Mr. Bornstein is a highly experienced trial attorney, having tried approximately 36 criminal and civil jury and non-jury trials, primarily in federal court. He is also an experienced appellate litigator. He has been involved in, among other types of matters: securities investigations including insider trading, revenue recognition and other accounting fraud; commodities manipulation; Clean Water Act, and other environmental prosecutions; ERISA and other mail and wire fraud cases; government contracting, healthcare, theft of trade secrets; import and export violations, including ITAR; Foreign Corrupt Practices Act; money laundering; false claims; and criminal antitrust cases.
Since joining K&L Gates, Mr. Bornstein has represented individuals and companies in a variety of United States Attorney and Securities and Exchange Commission investigations, prosecutions, and civil enforcement actions. His work includes conducting a number of important internal investigations, including those involving FCPA allegations. Mr. Bornstein recently defended the pilot involved in the Cosco Busan oil spill and the former chair of the audit committee in the Brocade stock option backdating criminal and civil litigation. In October 2010, he successfully defended an investment management firm in a two week jury trial in Los Angeles.
Mr. Bornstein also advises on Internet gaming compliance, primarily as it relates to federal criminal enforcement issues including the Unlawful Internet Gambling Enforcement Act, Wire Act, and the US Department of Justice’s position on those laws.
Mr. Bornstein's career with the United States Attorneys' Office included services as an Assistant United States Attorney, Senior Litigation Counsel for the Criminal Division, Supervisor of the Major Crimes Unit, and a member of the White Collar/Securities Fraud Unit. His prior work experience includes seven years as a civil litigator with the United States Attorneys' Office, a San Francisco law firm, and the San Francisco City Attorneys' Office.