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Cory S. Flashner

Member

[email protected]

+1.617.348.1605

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Cory is a white collar defense attorney in the firm’s Chambers ranked White Collar practice group, and a former federal and state prosecutor with extensive trial experience who specializes in representing individuals and companies in the financial services sector in investigations, enforcement actions and compliance related to financial laws. Cory uses his experience as a first chair litigator in over 75 state and federal jury trials and hundreds of grand jury proceedings to advise his clients on a variety of actions, from subpoena responses to plea negotiations to trial proceedings related to alleged financial crimes, and violations of securities laws, anti-money laundering laws and regulations. He also has extensive expertise in advising clients on FCPA compliance and due diligence, as well as drafting and implementing internal anti-money laundering and FCPA policies for clients looking to mitigate risk. In addition, Cory has a long history of representing broker-dealers before the SEC and DOJ, in both subpoena responses and enforcement proceedings and skillfully guides clients through such challenges with a deep understanding of potential civil, criminal and reputational impacts. As a former prosecutor and head of anti-money laundering for a global systemically important bank, Cory’s approach to legal challenges is holistic and draws on his unique experiences in the role of defense counsel, prosecutor and in-house counsel in complex disputes.

Cory also works with clients on navigating the complex regulatory and legal issues surrounding the cannabis industry at both the state and federal level. He helps guide investors, startups and individuals through this uncertain and evolving legal landscape, including counseling them on risk assessment, compliance measures, and helping to minimize business disruption. He has extensive experience in advising clients and individuals in the cryptocurrency industry on navigating the rapidly evolving legal landscape including counselling them on complex legal issues related to criminal and civil disputes, government investigations and regulatory compliance.

In addition to his robust white collar practice, Cory is an active member of the firm’s pro bono initiatives, where he works on a variety of different regional and national projects, including advising domestic violence shelters in understanding and responding to U.S. Immigration and Customs Enforcement actions.

Prior to joining Mintz, Cory was a vice president and the regional head of the anti-money laundering (AML) division for North America at a Boston-based global systemically important bank (G-SIB). His work encompassed supervising more than two dozen compliance professionals and providing oversight and guidance to the company’s North American business units on AML regulations, the Bank Secrecy Act, and the Office of Foreign Assets Control (OFAC) regulations. In addition, he negotiated and resolved matters before federal, state, and international regulatory bodies including FINRA, the Financial Crimes Enforcement Network (FinCEN), the Office of the Comptroller of the Currency (OCC), and the Federal Reserve Bank.

Between 2010 and 2016, Cory served as an Assistant US Attorney for the District of Massachusetts, where he investigated and indicted one of the largest pyramid schemes ever prosecuted by the US Department of Justice involving investors in 240 countries and over $3 billion in losses. Earlier, he worked in the homicide and senior trial units of the Suffolk County District Attorney’s Office in Boston, handling all aspects of homicide and high-profile felony cases. In addition to his extensive trial court and grand jury work, Cory argued before the Supreme Judicial Court of Massachusetts and succeeded in persuading the court to adopt the doctrine of forfeiture by wrongdoing. In 2008, Cory was the recipient of the Outstanding Superior Court Prosecutor Award from the Suffolk County DA’s Office.  

In law school, Cory served as a notes & comments editor of the Fordham Intellectual PropertyMedia & Entertainment Law Journal and senior director of Fordham Student Sponsored Fellowship. He was also a two-time recipient of the fellowship and was granted the Archibald R. Murray Public Service Award.

He coaches various Weston youth athletic teams, including baseball and wrestling.

Experience

  • Currently represents two defendants charged with fraud in relation to the ongoing College Admissions prosecution.
  • Represented CFO charged in $30+ million fraud scheme and secured disposition substantially more favorable than recommended by the Federal Guidelines. The sentencing judge remarked that he was “frankly surprised that [CFO’s] counsel was able to negotiate such a favorable agreement.”
  • Represented former professional athlete as a witness in a DOJ investigation related to the Foreign Corrupt Practices Act.
  • Represented numerous broker dealers in connection with various investigations and actions brought by the DOJ and SEC.
  • Represented CFO indicted in a $25 million fraud.
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viewpoints

Based upon the increase in both financial and staffing resources, we expect to see an increase in COVID-19 related fraud prosecutions in 2023 as DOJ tries to recover additional funds and resolve cases in order to meet its stated Priority Goals. We anticipate that these cases will be a mixture of larger or more complex cases and cases that will bring heightened media scrutiny such as the recent charges brought in the Northern District of Florida against a controversial Florida state representative stemming from his applications for $150,000 in pandemic relief.

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On January 4, 2023, the New York State Department of Financial Services (“DFS”) announced that it reached a $100 million settlement with Coinbase, Inc. (“Coinbase”) following an investigation that revealed “significant failings” in the company’s anti-money laundering (“AML”) compliance program.

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The Financial Industry Regulatory Authority (“FINRA”) recently announced that it is conducting targeted sweeps of broker-dealers concerning their communications about “crypto assets.”

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Non-fungible tokens (“NFTs”) grabbed mainstream attention in 2021 with news of digital art and collectibles selling for millions. But headlines reporting NFTs selling for millions were short-lived. “Crypto winter” cast a chill across the crypto world – prices and interest in the digital art and images that became synonymous with NFTs plummeted.

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Calls for strong US-based crypto regulation and leadership are growing after the U.S. Attorney for the Southern District of New York (SDNY) announced charges against three men in the "first ever cryptocurrency insider trader tipping scheme." The SEC's decision to charge the same three defendants with securities fraud could have broad implications beyond this case, classifying crypto assets traded on Coinbase as securities.  

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As the DOJ, SEC, and other regulators continue to ramp up their crypto enforcement teams, the US Attorney’s Office in the Southern District of New York stepped into the spotlight this week with an indictment alleging “insider trading” in the NFT market by an OpenSea employee.

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The NFT space is now accustomed to novel use cases and new project launches on a near daily basis. From NFTs involving real estate, to property in the metaverse, to NFT funds, innovation is the name of the game. But until a few days ago, we had not seen a corporate-style acquisition in the NFT space. This news is another reminder that technological innovation continues to outpace regulatory guidance. 

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The U.S. Department of Justice (DOJ) recently announced new efforts to combat constantly evolving cyber threats including the “explosion of ransomware and the abuse of cryptocurrency” and issued a warning to companies, advising them to heighten their defenses against cybercriminals and ransomware.
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On January 1, 2021, Congress enacted the National Defense Authorization Act for Fiscal Year 2021 (the “NDAA”), after overriding a presidential veto. Within the NDAA is the Anti-Money Laundering Act of 2020 (the “AMLA”), which introduces substantial reforms to U.S. anti-money laundering (“AML”) and counter-terrorism financing (“CFT”) laws.
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On September 1, 2020, the Financial Crimes Network (“FinCEN”) issued a statement regarding various media outlets’ intent to publish Suspicious Activity Reports (“SARs”) and “other sensitive government documents”.
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News & Press

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Member Cory Flashner spoke to the National Law Journal about a pivotal lawsuit brought by investor James Harper against the IRS, challenging the warrantless seizure of cryptocurrency records and questioning the third-party doctrine’s relevance to digital privacy at the 1st Circuit Court of Appeals. He explains the distinction in privacy expectations between crypto exchange data and cell phone records.

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Member Cory Flashner was quoted in a Law360 article, sharing his insights on the return of the pre-pandemic 12-person jury to Massachusetts state courts.

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BOSTON –  Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.

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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.

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Massachusetts Lawyers Weekly covered an article written by Members Cory Flashner, and Adam Sisitsky, and Associate Edmund P. Daley about the rise in cryptocurrency whistleblowers.

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Member Cory Flashner spoke to McKnights Long-Term Care News about a case of large scale COVID relief fraud at a nursing home in Iowa.

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In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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In a recent article for The Real Estate Finance Journal, Member and Co-Chair of the firm’s Financial Services Practice, Pete S. Michaels, Member Cory S. Flashner, and Associate Alyssa C. Scruggs, explore the recent increased focus on money-laundering risks in residential real estate transactions, including an overview of regulatory efforts to prevent money laundering.
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Events & Speaking

Panelist
Mar
7
2024

ACAMS Greater Boston Chapter March 2024 Event: Career Tracks in Financial Crime

Boston University Law School, Barristers Hall, Ground Floor, 765 Commonwealth Ave. Boston, 02115

Moderator
Jan
15
2020

2020 White-Collar Crime Conference

Boston Bar Association

Aloft Boston | Seaport District 401-403 D Street Boston, Massachusetts, 02210

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Recognition & Awards

  • Chambers USA: Massachusetts- Litigation: White Collar Crime and Government Investigations (2023-2024)

  • Best Lawyers in America: Criminal Defense: White Collar (2021-2024)

  • Boston Magazine Top Lawyers – Criminal Defense-White Collar (2021 - 2023)

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Involvement

  • Board Member, Healing Abuse Working for Change (HAWC) (2021)
  • Board Member, Weston Dads Foundation (2016 - present)
  • Vice President, Show-Me Wrestling Club
  • Secretary, New England Chapter, Fordham Law Alumni Association (2008 - 2015)
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