Verified profile

Thomas J. Krysa

SEC Enforcement and Government Investigations Defense

Thomas J. Krysa's profile photo
LocationDenverColorado, United States
Current rolePartnerFoley & Lardner LLP · since Feb 2020
Government service20yrsSecurities and Exchange Commission (SEC) · U.S. Department of Justice (DOJ) · Tax Court

About

Tom Krysa advises clients in securities enforcement and litigation matters, government investigations, class actions, and complex commercial disputes. As a former federal prosecutor and SEC trial lawyer, Tom uses his extensive government experience to resolve his clients’ problems short of government action while at the same time preserving their interests, should litigation and trial become necessary. He is a partner in the firm’s Securities Enforcement & Litigation Practice and a member of the Environmental, Social, and Corporate Governance (ESG) Team.

Tom represents clients in matters involving the SEC, DOJ, FINRA, PCAOB, CFTC, and other federal and state regulators and self-regulatory organizations. He conducts internal investigations for companies, audit committees, and boards of directors. He also represents clients in class actions and complex commercial litigation in federal and state courts.

While at the SEC, Tom served in several capacities — as a staff attorney, trial attorney, supervisory trial counsel, and ultimately as associate regional director in charge of enforcement and trials for the Denver regional office. In these roles Tom litigated and supervised matters involving insider trading, financial fraud, broker-dealer and investment adviser misconduct, offering fraud, market timing, market manipulation, and auditor negligence. Prior to the SEC, Tom was a federal prosecutor for the Department of Justice in Washington, D.C., prosecuting criminal tax and other white-collar matters in federal district courts.

Roles

Feb 2020–Present
Current role

Partner

Foley & Lardner LLP

Denver, Colorado

AttorneyEnvironmental LawBankruptcy AttorneyCivil LitigationInvestigationsCriminal DefenseSecurities LawHealth LawWhite Collar CrimeEnvironmental, Social, and Governance (ESG)Corporate LawAppellate LitigationTax LawEmployment / Labor Law
May 2016–Feb 2020
Former role

Shareholder

Brownstein Hyatt Farber Schreck

Denver, Colorado

AttorneyEnvironmental LawBankruptcy AttorneyCivil LitigationInvestigationsCriminal DefenseSecurities LawHealth LawWhite Collar CrimeCriminal LawEnvironmental, Social, and Governance (ESG)Corporate LawAppellate LitigationEmployment / Labor Law

Represents clients with respect to securities litigation and enforcement defense, government investigations, internal investigations, and other white-collar matters drawing upon more than 17 years of experience with the Securities and Exchange Commission and Department of Justice. Has significant experience prosecuting and defending investigations, civil litigation, and civil and criminal trials. Represents clients before the SEC, DOJ, IRS, FINRA, PCAOB, CFTC, and other federal and state regulators. Represents clients in commercial litigation and tax controversies.

Jul 2010–Apr 2016
Former role

Associate Regional Director -- Senior Officer

Securities and Exchange Commission (SEC), Enforcement

(appointed)Colorado

Security and Law EnforcementSecurities LawEnvironmental, Social, and Governance (ESG)Corporate LawCriminal Investigation

Supervised the Denver Regional Office’s trial unit and all litigation filed through the office regarding violations of federal securities laws, rules, and regulations in federal district courts throughout the United States and before administrative law judges. Advised trial staff on litigation issues including charging decisions, discovery plans and disputes, dispositive motions, trial strategy, settlements, and appeals. Maintained active litigation docket in addition to supervisory responsibilities.

Jul 2010–Jul 2014
Former role

Regional Trial Counsel

Securities and Exchange Commission (SEC)

(appointed)Colorado

Securities Law

Supervised the Denver Regional Office’s trial unit and all litigation filed through the office regarding violations of federal securities laws, rules, and regulations in federal district courts throughout the United States and before administrative law judges. Advised trial staff on litigation issues including charging decisions, discovery plans and disputes, dispositive motions, trial strategy, settlements, and appeals. Maintained active litigation docket in addition to supervisory responsibilities.

Nov 2003–Jul 2010
Former role

Trial Counsel

Securities and Exchange Commission (SEC)

(appointed)Colorado

Securities Law

Prosecuted civil enforcement actions regarding violations of federal securities laws, rules, and regulations in federal district courts throughout the United States and before administrative law judges. Litigated complex cases involving extensive written discovery, deposition practice, and motions practice. Represented SEC and Division of Enforcement in jury trials, bench trials, hearings, and appellate arguments. Advised enforcement staff regarding ongoing investigations. Recommended actions to Commission for settlement or other disposition.

Sep 1998–Nov 2003
Former role

Trial Attorney

U.S. Department of Justice (DOJ), Tax Division

District of Columbia

White Collar CrimeTax AttorneyTax Law

Prosecuted criminal cases involving criminal tax violations and white-collar fraud in various federal district courts throughout the United States. Managed docket of federal criminal cases from grand jury investigation through indictment, discovery, trial, and appeals. Reviewed evidence and made charging recommendations in criminal tax cases pursuant to the Tax Division’s prosecutorial review function. Prosecuted federal criminal cases as Special Assistant U.S. Attorney for the U.S. Attorney’s Office for the Eastern District of Virginia from November 1998 through June 1999. Hired under Attorney General’s Honor Program. Recipient of U.S. Department of Justice, Tax Division, Outstanding Attorney Award – October 16, 2002.

Aug 1996–Aug 1998
Former role

Law Clerk

Tax Court

District of Columbia

Tax Law

Drafted judicial opinions in federal civil cases relating to corporate, partnership, and individual income taxation issues.

Representative matters

Experience*

March 2025

Represented the chief executive officer of a public company under SEC investigation involving disclosure and executive compensation issues, resulting in no government action and termination of the investigation. Represented the chief financial officer of a public company under SEC investigation involving disclosure issues, resulting in no government action and termination of the investigation. Represented a public company under SEC investigation involving accounting restatement, resulting in no government action and termination of the investigation. Represented a chief operating officer in SEC and DOJ parallel prosecutions involving revenue recognition and disclosure issues. Represents a public company under SEC investigation involving revenue recognition issues. Represents a private fund adviser in SEC investigation involving potential conflicts of interest and disclosure issues. Represents registered representatives of broker dealer in SEC investigation involving Reg BI issues. Represented a private fund adviser in SEC investigation involving potential conflicts of interest and disclosure issues. Represented limited partners in a complex commercial dispute involving two private equity funds. Represented a public company in a private securities fraud and commercial dispute, resulting in dismissal of securities fraud claims. Served as outside fiduciary counsel to the board of trustees of a $50 billion public pension fund. *Matters were handled prior to joining Foley.

Goverment Experience

March 2025

Lead SEC trial counsel in a matter involving undisclosed perquisite compensation against two former CFOs of an Omaha-based database marketing company, resulting in a successful four-week jury trial in Omaha, Nebraska. Lead SEC trial counsel in a disclosure fraud case against a California-based paint manufacturer and its president, resulting in a successful two-week jury trial in Los Angeles, California. Lead SEC trial counsel in a case involving market timing at a mutual fund complex against its portfolio manager, head of marketing, and sales employee, resulting in a partially successful 10-day bench trial in Denver, Colorado and Washington, D.C. before an administrative law judge. Lead SEC trial counsel in a case involving large-scale financial fraud at a Denver telecommunications company against several former executives, including the CEO, CFO, and COO. Lead SEC trial counsel in an action involving a US$54 million Ponzi scheme relating to green energy fraud against a president and a sales promoter, resulting in a successful summary judgment motion and more than $200 million in monetary relief. Lead DOJ trial counsel in a criminal case against a tax return preparer for preparing false tax returns, resulting in a successful jury trial in Alexandria, Virginia. DOJ trial counsel in a criminal case against an attorney for securities fraud, wire fraud, money laundering, and tax fraud relating to a pump-and-dump securities fraud scheme, resulting in a successful five-week jury trial in Las Vegas, Nevada. DOJ trial counsel in a criminal case against a chiropractor and his wife for federal tax fraud, resulting in a successful three-week jury trial in Reno, Nevada.

Publications & speeches

SEC’s Division of Examinations Releases Priorities for Fiscal Year 2025

FOLEY VIEWPOINTS

October 2024

Link

Dual-Hatted CEO and CCO Named Individually in SEC Settlement for Compliance Violations

NEWSLETTERS

December 2022

Link

The SEC’s Latest CCO Case and the Ongoing Need for a Framework

FOLEY BLOGS

August 2022

Link

The Fifth Circuit Strikes a Blow to the Constitutionality of SEC Administrative Proceedings

FOLEY BLOGS

May 2022

Link

SEC Issues Proposed 10b5-1 Trading Plan Amendments

NEWSLETTERS

December 2021

Link

Lest We Forget, the SEC Cares About Private Equity

FOLEY FUNDS LEGAL FOCUS

September 2021

Link