Verified profile

Rebecca Mermelstein

White collar and finance-related investigations & litigation

Rebecca Mermelstein's profile photo
LocationNew YorkNew York, United States
Current rolePartnerO'Melveny & Myers LLP · since Nov 2022
Government service14yrsU.S. Attorney’s Office · U.S. District Court

About

Rebecca Mermelstein is a first-chair trial lawyer with extensive experience handling white collar and finance-related investigations and litigation. She advises corporate and individual clients on complex white collar matters, including regulatory actions, internal investigations, and compliance initiatives.

Prior to joining O’Melveny, Rebecca spent more than a decade as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York. She was a senior member of the Securities and Commodities Task Force before rising to Co-Chief of the General Crimes Unit. Rebecca has tried 12 cases to verdict, briefed and argued numerous federal appeals, and conducted or supervised more than 1,000 investigations, including grand jury investigations and cross-border matters involving simultaneous investigations by multiple U.S. and international regulators. Her expertise spans securities and accounting fraud, insider trading, Ponzi schemes, money laundering, cybercrime, public corruption, human trafficking, and sexual misconduct.

Through her work leading investigations and prosecutions, Rebecca has established strong working relationships with U.S. Attorney’s Office colleagues and officials at the Securities and Exchange Commission, Commodity Futures Trading Commission, and the Public Company Accounting Oversight Board, as well as federal law enforcement agencies. The knowledge she has gained from her experience and relationships helps her achieve the best possible results for clients.

Roles

Nov 2022–Present
Current role

Partner

O'Melveny & Myers LLP

New York, New York

Foreign Corrupt Practices Act (FCPA)Civil LitigationInternational Trade LawLegal AssistanceSecurities LawWhite Collar CrimeComplianceCriminal InvestigationConservative Public Interest Law
Mar 2011–Nov 2022
Former role

Co-Chief

U.S. Attorney’s Office, General Crimes Unit

(appointed)New York Southern District

Foreign Corrupt Practices Act (FCPA)Securities LawCriminal LawCorporate LawCybercrimeCriminal Investigation
Jan 2006–Jan 2010
Former role

Litigation Associate

Simpson Thacher & Bartlett LLP

New York, New York

Civil Litigation
Jan 2005–Jan 2006
Former role

Judicial Law Clerk

U.S. District Court

(appointed)New York

Law ClerkResearchInvestigations

Served as judicial law clerk to the Honorable Charles P. Sifton, researching and drafting opinions, orders, and bench memoranda.

Jan 2000–Jan 2001
Former role

Paralegal

U.S. Attorney’s Office

(appointed)New York Southern District

ParalegalLegal

Representative matters

Private Practice

March 2025

Represent a global commodities trading company in a wide-ranging FCPA investigation by the United States Attorney’s Office for the Eastern District of New York and Main Justice involving alleged conduct in South America. Represent a Fortune 50 company in a DOJ investigation under the False Claims Act. Represented an entertainment company in an internal investigation of senior officers concerning possible violations of internal finance and approval policies. Represented a global consulting firm in an in internal investigation and litigation relating to allegations under the Adult Survivors Act. Secured an acquittal for a Louisiana man who served more than eight years in prison after he was wrongfully convicted of second-degree murder by a non-unanimous jury.

Government Experience

March 2025

Supervised dozens of jury trials and more than 1,000 cases involving securities fraud, wire fraud, mail fraud, tax fraud, money laundering, access device fraud, cybercrime, immigration offenses, child exploitation, human trafficking, robbery, narcotics trafficking, and firearms offenses. Investigated and prosecuted complex financial crimes, including accounting fraud, insider trading, market manipulation, investment adviser fraud, wire fraud, bank fraud, insurance fraud, and money laundering. Managed relationships with FBI and SEC, among other agencies. Conducted 12 criminal trials, including numerous multi-defendant white-collar cases. Briefed and/or argued more than a dozen appeals in the Second Circuit. Investigated, prosecuted, and supervised numerous sex-crimes cases, including leading the investigation and prosecution of a 19-defendant international sex-trafficking ring and supervising multiple cases of sex abuse by middle school and high school teachers.

Recognition

Honors

Recommended by Corporate Investigations and White-Collar Criminal Defense

The Legal 500 US

January 2024

Publications & speeches

Turning the Tables on DOJ: Individual Defendants Wield Corporate Criminal Enforcement Policies Against the Government,

New York Law Journal

March 2023

Co-author

SBF Sentenced to 25 Years in Prison

Bloomberg — Podcast

March 2024

O’Melveny partner Rebecca Mermelstein was featured on Bloomberg Television to discuss the sentencing of Sam Bankman-Fried, who was convicted of fraud. “I think that you saw the government weaponize the defense theory here. The defense tried to use his autism, his inability to experience happiness, and his effective altruism that he was so committed to, to explain, if not justify some of the actions he took and to cast him in a more sympathetic light,” Mermelstein said. “What the government did was flip that coin on its head and say that is exactly why this defendant is so dangerous and why he needs to be not just punished, but incapacitated and incarcerated for a long enough period of time so that he won't be able to commit future crimes.”

Link

Against the Rules with Michael Lewis: The Trial of Sam Bankman-Fried

Michael Lewis — Podcast

September 2023

O’Melveny partner Rebecca Mermelstein was featured on an episode of the “Against the Rules” podcast, hosted by bestselling author Michael Lewis. Mermelstein and Lewis discuss the case against Sam Bankman-Fried, the former CEO of crypto firm FTX. With Bankman-Fried’s trial set to begin next month, Lewis taps Mermelstein’s insights as a former prosecutor on how prosecutors are building their case and how the defense team might prepare.

Link