Education

  • J.D., University of California, Berkeley School of Law (Boalt Hall), 1981
  • B.A., University of California, Berkeley, with high honors and distinction in general scholarship, 1977.  Varsity Football Letterman, 1975 Co-Championship Team

Admissions

  • California, 1981
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T: 415-433-6830
F: 415-433-7104
E: jbornstein@rbgg.com

Jeffrey Bornstein is a partner at Rosen Bien Galvan & Grunfeld LLP. He focuses on white collar criminal defense, internal investigations, Securities and Exchange Commission, and other regulatory matters. He represents corporations and individuals in connection with all types of government enforcement issues and parallel civil actions and derivative matters, including criminal antitrust, securities, healthcare fraud, and criminal environmental matters.

Mr. Bornstein joined the firm in 2015 following nearly two decades in the criminal and civil divisions of the San Francisco United States Attorney’s Office and ten years as a partner with a major international law firm. Full bio »

vCard icon

Download vCard
T: 415-433-6830
F: 415-433-7104
E: jbornstein@rbgg.com

Jeffrey Bornstein is a partner at Rosen Bien Galvan & Grunfeld LLP. He focuses on white collar criminal defense, internal investigations, Securities and Exchange Commission, and other regulatory matters. He represents corporations and individuals in connection with all types of government enforcement issues and parallel civil actions and derivative matters, including criminal antitrust, securities, healthcare fraud, and criminal environmental matters.

Mr. Bornstein joined the firm in 2015 following nearly two decades in the criminal and civil divisions of the San Francisco United States Attorney’s Office and ten years as a partner with a major international law firm.

Mr. Bornstein is a highly experienced trial lawyer in both civil and criminal cases. He has tried more than 35 jury and non-jury trials in state and federal courts. He has been involved in many high-profile cases including representing a key person in the Galleon insider-trading case, several individuals in connection with the San Bruno gas pipeline accident, the pilot of the Cosco Busan following the ship’s San Francisco Bay Bridge accident and oil spill, Solyndra, an investment company in a high stakes civil fraud trial, and together with RBGG, was co-lead counsel in the 2013 trial on behalf of California’s mentally ill inmates who were being subjected to excessive force and other unconstitutional conditions of confinement.

He has been recognized by Best Lawyers in America for Criminal Defense: White Collar since 2012 and by Northern California Super Lawyers for Criminal Defense since 2010. He was named in Who’s Who Legal Business Crime Defence in London in 2014, received the Bar Association of San Francisco’s Award of Merit in 2014, the Perlman Service Award from Litigation Counsel of America in 2013, was named a Trial Lawyer of the Year Finalist by the Public Justice Foundation in 2010, and was recognized with numerous awards and commendations during his service as an Assistant United States Attorney, including for Superior Performance as an Assistant United States Attorney by the United States Department of Justice and Furthering Equal Employment Opportunity by the United States Attorney General.

Mr. Bornstein worked as an Assistant United States Attorney in the United States Attorney’s Office in San Francisco in the criminal division from 1989 to 2005. He served as the senior litigation counsel, supervised the Major Crimes Unit, and was a member of the White Collar/Securities Fraud Unit. Prior to that, he worked three years as a civil litigator in the United States Attorney’s Office and over four years in the San Francisco City Attorney’s Office, and a San Francisco law firm.

Mr. Bornstein speaks and writes regularly on a wide range of issues relating to government enforcement and white collar criminal defense.  Active in bar and community activities, he was instrumental in the creation and implementation of the Building Our Leaders of Tomorrow (BOLT) drug education and violence prevention program for youth in the Northern District of California and is a founding board member of the Nicaraguan Children’s Friendship Committee, based in San Francisco, that serves poor and abandoned youth in Leon, Nicaragua.

REPRESENTATIVE CASES

  • Galleon Insider-Trading Case.  Mr. Bornstein is representing a key person in the Galleon insider-trading case.
  • Solyndra Federal Criminal Probe.  Mr. Bornstein represented Solyndra in connection with a federal criminal probe following its bankruptcy filing
  • San Bruno Gas Pipeline Accident.  He is representing multiple individuals in connection with the San Bruno gas pipeline accident
  • Representation of an investment advisor in a civil fraud trial. Mr. Bornstein was co-lead counsel who successfully obtained a defense verdict on all counts following a multiple week trial in Los Angeles.
  • FINRA Investigation of Broker Dealer.  Mr. Bornstein has represented the owners of a broker-dealer in connection with a Financial Industry Regulatory Authority  (FINRA) investigation.
  • Representation a seafood processor in a Clean Water Act criminal investigation. Mr. Bornstein continues to represent the owner of a seafood processing plant in Washington State with an ongoing criminal probe coordinated by the Environmental Protection Agency.
  • Representation of persons alleged to have engaged in bid rigging. Mr. Bornstein continues to represent individuals in connection with criminal antitrust investigations and cases alleging improper bid rigging and/or price cartel activities.
  • U.S. v. Business Owner.  Mr. Bornstein represented an owner of a local meat-processing facility for alleged violations of various federal food safety and inspection requirements
  • Criminal Trade Secrets Case re iPhone.  Mr. Bornstein successfully resolved the criminal case brought by the district attorney in connection with the alleged theft of an iPhone prototype without the filing of any felony charges
  • U.S. v. Pharmacy.  He successfully represented a regional pharmacy in connection with a U.S. Attorney, State Attorney General, U.S. Drug Enforcement Administration and U.S. Food and Drug Administration investigation involving the alleged adulteration and misbranding of prescription drugs including controlled substances
  • Cosco Busan Oil Spill.  He represented the pilot of the Cosco Busan in connection with the oil spill in the San Francisco Bay following the ship’s striking of a bridge tower of the Bay Bridge and assisted him in avoiding any felony conviction
  • U.S. v. Chair of Audit Committee.  Mr. Bornstein defended the former chair of the audit committee in the Brocade stock option backdating criminal and related class action and derivative civil litigation
  • Coleman v. Brown/Plata v. Brown: In a landmark decision, the United States Supreme Court ruled that overcrowding in California’s prisons resulted in cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. The Court affirmed a January 2010 order issued by a three-judge federal court after an extensive trial directing California officials to reduce the State’s severe prison overcrowding down to 137.5% of design capacity. The order was issued after the judges found that overcrowding is the primary cause of ongoing unconstitutional conditions in California’s prisons, such as the system’s inability to provide minimally adequate medical and mental health care for prisoners. Brown v. Plata, 131 S. Ct. 1910 (2011).
  • Coleman v. Brown: Mr. Bornstein has been a key part of the team that represents a class of the more than 30,000 men and women in California’s prison system with serious mental illness. After a contested trial, the district court held that the prison mental health delivery system violates the Eighth Amendment and ordered systemwide injunctive relief. See Coleman v. Wilson, 912 F. Supp. 1282 (E.D. Cal. 1995). The court determined that the constitutional violations remain ongoing in 2013 after the State attempted to terminate the injunction. See Coleman v. Brown, 938 F. Supp. 2d 955 (E.D. Cal. 2013). Through hard-fought litigation over the last two decades, RBGG has secured a number of significant systemic changes on behalf of the class, including, most recently, reforms to policies and practices regarding the use of force against prisoners with mental illness, as well as the overuse and misuse of solitary confinement. See Coleman v. Brown, 28 F. Supp. 3d 1068 (E.D. Cal. 2014). RBGG also recently secured an order requiring the State to provide emergency access to inpatient psychiatric hospitalization, which was affirmed on appeal by the Ninth Circuit in an unpublished decision.  For more information see Coleman v. Brown: Court Orders, Reports, Photos, Expert Declarations and Media Coverage.
  • Fabio Petrolino v. City and County of San Francisco:  RBGG represents the children, mother, and siblings of Alberto Petrolino, who was arrested after threatening to commit suicide and taken to the County’s jail, rather than a psychiatric hospital, where, despite his family’s warnings, he was placed in regular housing with no suicide precautions and denied access to mental health treatment.  Three days later, Alberto committed suicide by hanging himself in a shower stall.  On June 2, 2016, we filed a federal civil rights action alleging that Alberto’s death was preventable were it not for the deliberate indifference of the arresting officer and jail personnel, and inadequate policies and practices at the jail.

Honors & Awards

  • Best Lawyers, U.S. News & World Report, Criminal Defense: White-Collar, 2012–2017
  • Super Lawyers, Northern California Super Lawyer, Criminal Defense 2010–2016
  • Who’s Who Legal Business Crime Defense 2014
  • Bar Association Of San Francisco Award of Merit 2014
  • Perlman Service Award, Litigation Counsel of America, 2013
  • Fellow, Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, 2010–Present
  • Trial Lawyer of the Year Finalist, Public Justice Foundation, 2010
  • Award for Superior Performance as an Assistant United States Attorney, U.S. Department of Justice Director’s Award
  • Award for Outstanding Performance and Invaluable Assistance, U.S. Department of Justice Environment and Natural Resources Division
  • Award for Furthering Equal Employment Opportunity, U.S. Attorney General
  • Commendations from numerous federal agencies including U.S. Secret Service, Federal Bureau of Investigation, U.S. Postal Service, U.S. Coast Guard, U.S. Department of Health and Human Services, U.S. Customs Service, U.S. Drug Enforcement Agency and U.S. Department of Labor

Education

  • J.D., University of California, Berkeley School of Law (Boalt Hall), 1981
  • B.A., University of California, Berkeley, with high honors and distinction in general scholarship, 1977.  Varsity Football Letterman, 1975 Co-Championship Team

Admissions

  • California, 1981

Community Service

  • Bar Association of San Francisco (Criminal Justice Subcommittee)
  • American Bar Association (Criminal Law Section, White Collar Subcommittee)
  • National Association of Criminal Defense Lawyers
  • California Attorneys for Criminal Justice
  • Litigation Counsel of America
  • Federal Bar Association
  • Criminal Justice Act Panel Attorney for NDCA, 2006–2009; 2010–2013; 2014-present
  • Founding Board Member, Nicaraguan Children’s Friendship Committee (www.NCFCkids.org)

Jeffrey Bornstein is a partner at Rosen Bien Galvan & Grunfeld LLP. He focuses on white collar criminal defense, internal investigations, Securities and Exchange Commission, and other regulatory matters. He represents corporations and individuals in connection with all types of government enforcement issues and parallel civil actions and derivative matters, including criminal antitrust, securities, healthcare fraud, and criminal environmental matters.

Mr. Bornstein joined the firm in 2015 following nearly two decades in the criminal and civil divisions of the San Francisco United States Attorney’s Office and ten years as a partner with a major international law firm.

Mr. Bornstein is a highly experienced trial lawyer in both civil and criminal cases. He has tried more than 35 jury and non-jury trials in state and federal courts. He has been involved in many high-profile cases including representing a key person in the Galleon insider-trading case, several individuals in connection with the San Bruno gas pipeline accident, the pilot of the Cosco Busan following the ship’s San Francisco Bay Bridge accident and oil spill, Solyndra, an investment company in a high stakes civil fraud trial, and together with RBGG, was co-lead counsel in the 2013 trial on behalf of California’s mentally ill inmates who were being subjected to excessive force and other unconstitutional conditions of confinement.

He has been recognized by Best Lawyers in America for Criminal Defense: White Collar since 2012 and by Northern California Super Lawyers for Criminal Defense since 2010. He was named in Who’s Who Legal Business Crime Defence in London in 2014, received the Bar Association of San Francisco’s Award of Merit in 2014, the Perlman Service Award from Litigation Counsel of America in 2013, was named a Trial Lawyer of the Year Finalist by the Public Justice Foundation in 2010, and was recognized with numerous awards and commendations during his service as an Assistant United States Attorney, including for Superior Performance as an Assistant United States Attorney by the United States Department of Justice and Furthering Equal Employment Opportunity by the United States Attorney General.

Mr. Bornstein worked as an Assistant United States Attorney in the United States Attorney’s Office in San Francisco in the criminal division from 1989 to 2005. He served as the senior litigation counsel, supervised the Major Crimes Unit, and was a member of the White Collar/Securities Fraud Unit. Prior to that, he worked three years as a civil litigator in the United States Attorney’s Office and over four years in the San Francisco City Attorney’s Office, and a San Francisco law firm.

Mr. Bornstein speaks and writes regularly on a wide range of issues relating to government enforcement and white collar criminal defense.  Active in bar and community activities, he was instrumental in the creation and implementation of the Building Our Leaders of Tomorrow (BOLT) drug education and violence prevention program for youth in the Northern District of California and is a founding board member of the Nicaraguan Children’s Friendship Committee, based in San Francisco, that serves poor and abandoned youth in Leon, Nicaragua.

REPRESENTATIVE CASES

  • Galleon Insider-Trading Case.  Mr. Bornstein is representing a key person in the Galleon insider-trading case.
  • Solyndra Federal Criminal Probe.  Mr. Bornstein represented Solyndra in connection with a federal criminal probe following its bankruptcy filing
  • San Bruno Gas Pipeline Accident.  He is representing multiple individuals in connection with the San Bruno gas pipeline accident
  • Representation of an investment advisor in a civil fraud trial. Mr. Bornstein was co-lead counsel who successfully obtained a defense verdict on all counts following a multiple week trial in Los Angeles.
  • FINRA Investigation of Broker Dealer.  Mr. Bornstein has represented the owners of a broker-dealer in connection with a Financial Industry Regulatory Authority  (FINRA) investigation.
  • Representation a seafood processor in a Clean Water Act criminal investigation. Mr. Bornstein continues to represent the owner of a seafood processing plant in Washington State with an ongoing criminal probe coordinated by the Environmental Protection Agency.
  • Representation of persons alleged to have engaged in bid rigging. Mr. Bornstein continues to represent individuals in connection with criminal antitrust investigations and cases alleging improper bid rigging and/or price cartel activities.
  • U.S. v. Business Owner.  Mr. Bornstein represented an owner of a local meat-processing facility for alleged violations of various federal food safety and inspection requirements
  • Criminal Trade Secrets Case re iPhone.  Mr. Bornstein successfully resolved the criminal case brought by the district attorney in connection with the alleged theft of an iPhone prototype without the filing of any felony charges
  • U.S. v. Pharmacy.  He successfully represented a regional pharmacy in connection with a U.S. Attorney, State Attorney General, U.S. Drug Enforcement Administration and U.S. Food and Drug Administration investigation involving the alleged adulteration and misbranding of prescription drugs including controlled substances
  • Cosco Busan Oil Spill.  He represented the pilot of the Cosco Busan in connection with the oil spill in the San Francisco Bay following the ship’s striking of a bridge tower of the Bay Bridge and assisted him in avoiding any felony conviction
  • U.S. v. Chair of Audit Committee.  Mr. Bornstein defended the former chair of the audit committee in the Brocade stock option backdating criminal and related class action and derivative civil litigation
  • Coleman v. Brown/Plata v. Brown: In a landmark decision, the United States Supreme Court ruled that overcrowding in California’s prisons resulted in cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. The Court affirmed a January 2010 order issued by a three-judge federal court after an extensive trial directing California officials to reduce the State’s severe prison overcrowding down to 137.5% of design capacity. The order was issued after the judges found that overcrowding is the primary cause of ongoing unconstitutional conditions in California’s prisons, such as the system’s inability to provide minimally adequate medical and mental health care for prisoners. Brown v. Plata, 131 S. Ct. 1910 (2011).
  • Coleman v. Brown: Mr. Bornstein has been a key part of the team that represents a class of the more than 30,000 men and women in California’s prison system with serious mental illness. After a contested trial, the district court held that the prison mental health delivery system violates the Eighth Amendment and ordered systemwide injunctive relief. See Coleman v. Wilson, 912 F. Supp. 1282 (E.D. Cal. 1995). The court determined that the constitutional violations remain ongoing in 2013 after the State attempted to terminate the injunction. See Coleman v. Brown, 938 F. Supp. 2d 955 (E.D. Cal. 2013). Through hard-fought litigation over the last two decades, RBGG has secured a number of significant systemic changes on behalf of the class, including, most recently, reforms to policies and practices regarding the use of force against prisoners with mental illness, as well as the overuse and misuse of solitary confinement. See Coleman v. Brown, 28 F. Supp. 3d 1068 (E.D. Cal. 2014). RBGG also recently secured an order requiring the State to provide emergency access to inpatient psychiatric hospitalization, which was affirmed on appeal by the Ninth Circuit in an unpublished decision.  For more information see Coleman v. Brown: Court Orders, Reports, Photos, Expert Declarations and Media Coverage.
  • Fabio Petrolino v. City and County of San Francisco:  RBGG represents the children, mother, and siblings of Alberto Petrolino, who was arrested after threatening to commit suicide and taken to the County’s jail, rather than a psychiatric hospital, where, despite his family’s warnings, he was placed in regular housing with no suicide precautions and denied access to mental health treatment.  Three days later, Alberto committed suicide by hanging himself in a shower stall.  On June 2, 2016, we filed a federal civil rights action alleging that Alberto’s death was preventable were it not for the deliberate indifference of the arresting officer and jail personnel, and inadequate policies and practices at the jail.

Honors & Awards

  • Best Lawyers, U.S. News & World Report, Criminal Defense: White-Collar, 2012–2017
  • Super Lawyers, Northern California Super Lawyer, Criminal Defense 2010–2016
  • Who’s Who Legal Business Crime Defense 2014
  • Bar Association Of San Francisco Award of Merit 2014
  • Perlman Service Award, Litigation Counsel of America, 2013
  • Fellow, Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, 2010–Present
  • Trial Lawyer of the Year Finalist, Public Justice Foundation, 2010
  • Award for Superior Performance as an Assistant United States Attorney, U.S. Department of Justice Director’s Award
  • Award for Outstanding Performance and Invaluable Assistance, U.S. Department of Justice Environment and Natural Resources Division
  • Award for Furthering Equal Employment Opportunity, U.S. Attorney General
  • Commendations from numerous federal agencies including U.S. Secret Service, Federal Bureau of Investigation, U.S. Postal Service, U.S. Coast Guard, U.S. Department of Health and Human Services, U.S. Customs Service, U.S. Drug Enforcement Agency and U.S. Department of Labor

Publications

  • Truth, Justice and the American Way,” Daily Journal (February 3, 2017)
  • What is the Likely Affect the Trump Administration Will Have on Our Criminal Justice System,Casetext (November 15, 2016)
  • New Antitrust Investigation of Airlines: Are They Speaking in Code or Just Stating the Facts?, Casetext (July 8, 2015)
  • “2014 Saw the Arrival of ‘Gray Collar’ Crime,” co-author, Law 360 (January 5, 2015)
  • “The SEC’s New Enforcement Program,” co-author, The Review of Securities & Commodities Regulation, Vol 47, No.7 (April 2, 2014)
  • “The Resurgence of Judicial Independence in White Collar Prosecutions: What it Means for Defendants in SEC and DOJ/U.S. Attorney Cases,” co-author, American Bar Association (Winter 2012)
  • “Compliance in the Age of Dodd-Frank and Aggressive Criminal and Civil Enforcement Actions,” co-author, NSCP Currents (May-June 2011)
  • Chapter 119: Internal Investigations, Securities Law Techniques, Lexis Nexis Publishing Co. (Spring 2009)
  • “The BetonSports and Neteller DOJ Agreements: Analysis,” co-author, World Online Gambling Law Report (January 2008)
  • Chapter 8: Criminal enforcement of securities laws: a primer for the securities practitioner, American Bar Association’s Securities Enforcement Manual, 2nd ed. (October 2007)
  • “Judicial decision will significantly impact coordination of investigations by the SEC and DOJ,” Securities Regulation & Law (February 6, 2007)
  • “New memo won’t help,” The National Law Journal (November 14, 2005)

Presentations

  • “It’s Not Who You Know, But Who You Represent: The Ethics of Joint Representation in a Criminal Investigation,” Bar Association of San Francisco Presentation, May 20, 2014
  • “Lions, Tigers, Bears, Prosecutors and SEC Enforcement Attorneys – Oh My!”, Litigation Counsel of America, 2014 Spring Conference, May 1, 2014
  • “Balancing the Customer Experience with Robust Security Systems that Protect Against Fraud,” National Investment Company Service Association’s (NICSA) Risk Management Workshop, November 20, 2013
Full list of presentations »
  • “It’s Not Who You Know, But Who You Represent: The Ethics of Joint Representation in a Criminal Investigation,” Bar Association of San Francisco Presentation, May 20, 2014
  • “Lions, Tigers, Bears, Prosecutors and SEC Enforcement Attorneys – Oh My!”, Litigation Counsel of America, 2014 Spring Conference, May 1, 2014
  • “Balancing the Customer Experience with Robust Security Systems that Protect Against Fraud,” National Investment Company Service Association’s (NICSA) Risk Management Workshop, November 20, 2013
  • “Navigating Environmental Accidents and Catastrophes – Government and Defense Perspectives,” Bar Association of San Francisco Presentation, November 14, 2013
  • “Identifying Changes to the Global Anti-Corruption Compliance Landscape to Maintain and Upgrade Your Existing Compliance Program,” 9th Annual FCPA and Anti-Corruption Compliance Conference, September 19-21, 2012
  • “Spill Oil – Go to Jail: The New Paradigm for Mariners,” Passenger Vessel Association Annual Conference, February 15, 2010
  • “Spill Oil – Go to Jail: The New Paradigm for Mariners after the Cosco Busan,” San Francisco Chapter of the National Association of Insurance Women, October 20, 2009
  • “Conflicts of Interest for Hedge Fund Managers and Prime Brokers,” May 16, 2007
  • “You are Alerted to an Incident of Employee Theft of Company Intellectual Property. What do you do?,” Silicon Valley Women’s Group, March 16, 2007
  • “Be Prepared: What You Need to Know about the Criminalization of Securities Laws,” July 31, 2006