Sharon Frase

Sharon Frase counsels individuals and organizations in connection with investigations by government enforcement authorities, including the Department of Justice, Securities and Exchange Commission, Federal Trade Commission, and other federal and state agencies.  She has provided advice to clients under scrutiny for alleged violations of the Economic Espionage Act, Foreign Corrupt Practices Act, Bank Secrecy Act, False Claims Act, and FIRREA, and other federal and state laws.

As a former federal prosecutor, Sharon defends clients at every stage of the criminal process, and has done so in cases involving charges as varied as trade secret theft, racketeering, and narcotics trafficking.  She also has represented clients in post-trial habeas proceedings and forfeiture actions.  Sharon has substantial experience interfacing with the government about the retention and collection of electronic evidence, including from non-traditional data sources, particularly for emerging technology companies.

Sharon also represents clients in court not only in federal criminal, but also in complex civil litigation.  She works on a wide range of complex civil matters, and has deep experience in civil discovery techniques, motion tactics, settlement strategies, and appeals.  She has defended clients in class action and in multi-district litigation against securities, antitrust, and product liability claims.  Sharon also has conducted affirmative litigation involving corporate governance issues and clients’ contract claims.

Before becoming a partner with Boersch & Illovsky LLP, Sharon was with the international firm of Orrick, Herrington & Sutcliffe LLP.  From 2006 to 2010, she served as an Assistant U.S. Attorney in the Southern District of New York, where she successfully investigated, prosecuted, and tried white collar cases, including a million-dollar food stamp fraud and threats against an IRS agent.  Sharon also helped return assets to victims in the Madoff conspiracy, helped repatriate to Brazil hundreds of millions of dollars’ worth of modern artworks purchased with the proceeds of a massive bank fraud, and obtained, after trial, a civil forfeiture judgment leading to the return of a Camille Pissarro lithograph stolen from a French museum years earlier.

Sharon is admitted to practice law in both California and New York.

Education

New York University School of Law, J.D., 2000

Notes Editor, NYU Law Review

Dartmouth College, B.A., 1995

Department Citations in Government and Music Theory

Clerkship

Law Clerk to the Honorable Colleen McMahon
U.S. District Court for the Southern District of New York, 2000-2001

Representative Client Matters

Member of trial team that obtained a jury verdict acquitting client charged in federal court of stealing trade secrets

Representation of streaming media provider in DOJ investigation of allegedly anti-competitive employment practices that ended without further action

Representation of Fortune 50 company in internal investigation of consumer fraud and Bank Secrecy Act allegations

Representation of social media company in investigation by SEC of investor disclosures that ended without enforcement action

Representation of special board committee of an electronics company investigating misconduct of parent company bankruptcy trustee

Representation of Fortune 500 company in investigation by SEC of compliance with Bank Secrecy Act reporting requirements

Representation of a healthcare company executive in a DOJ investigation of alleged violations of Anti-Kickback Statute

Representation of testifying senior officer of Fortune 100 company in DOJ prosecution alleging company assisted shipping of illegal pharmaceuticals by online pharmacies

Representation of Fortune 50 company in SEC investigation of retail inventory practices

Representation of public university medical center in internal investigation of potential False Claims Act violations

Defended drywall company against product liability claims in multi-district litigation

Defended manufacturer of liquid crystal display panels against antitrust claims