Skip to Main Content

Jamie M. McCall

Partner

D   610.421.1535

Jamie M. McCall is a partner in the Firm who concentrates on securities fraud litigation. Prior to joining the Firm, Jamie spent twelve years with the Department of Justice in the U.S. Attorney’s Offices for Miami, Florida and Wilmington, Delaware, where he oversaw complex criminal investigations ranging from securities, tax, bank and wire frauds, to the theft of trade secrets and cybercrime.

Jamie has successfully tried numerous jury trials, including a seven-week securities fraud trial, which arose from financial conduct during the Great Recession, and resulted in trial verdicts against four bank executives and a $60 million civil settlement to victim-shareholders; and a five-week multi-defendant stalking-murder case, which stemmed from the 2013-shootout at the New Castle County Courthouse in Delaware, and resulted in first-in-the-nation convictions for “cyberstalking resulting in death” under the Violence Against Women Act. For his work on both of these cases, Jamie was twice awarded the Director’s Award for Superior Performance by the Department of Justice. Most recently, Jamie served as the section chief for the National Security and Cybercrime Division for the Delaware U.S. Attorney’s office.

Jamie also spent several years practicing civil law at Morgan, Lewis & Bockius in Philadelphia, where he worked on major, high-stakes litigation matters involving Fortune 250 companies. Jamie began his legal career as a Judge Advocate in the Marine Corps, working primarily as a prosecutor and achieving the rank of Captain. In 2004, Jamie served for nearly five months as the principal legal advisor to 1st Battalion, 5th Marine Regiment in and around Fallujah, Iraq, including during the First Battle of Fallujah.

Jamie maintains an active membership in the Federal Bar Association, District of Delaware chapter. He has presented on numerous issues involving corporate and securities fraud. He was also a featured interview on CBS’s “60 Minutes” in a segment about theft of original correspondence by Christopher Columbus, most recently aired in August 2020.

Jamie has received numerous awards for his work in securities fraud and cybercrime, along with respective military service awards, including the Navy & Marine Corps Commendation Medal, Navy & Marine Corps Achievement Medal, Combat Action Ribbon, and Global War Against Terrorism Expeditionary Medal.

Memberships

  • Federal Bar Association, Delaware Chapter

Speaking Engagements

  • Featured Interview, “Who’s Stealing Christopher Columbus Letters from Libraries Around the World?”, 60 MINUTES, CBS News, October 20, 2019
  • Panel Instructor, “Prosecuting Lies to the Federal Reserve:  A Case Study of Delaware’s Wilmington Trust Investigation and Prosecution,” Federal Reserve Bank of Philadelphia, Conference of Counsel, April 2019
  • Panel Instructor, “Corporate Investigations and Individual Accountability,” National Advocacy Center for the Department of Justice, Advanced Fraud and Economic Crimes Seminar, November 2018
  • Panel Moderator, “Case Study:  United States v. Matusiewicz, et al.,” District of Delaware Federal Bar Association, Bench and Bar Conference, May 2018
  • Panel Moderator, “Cyberstalking and Lethal Consequences,” Beau Biden Foundation, Technology & Child Protection Conference, October 2017
  • Panel Moderator, “United States v. Matusiewicz.  A Case Study in Cyberstalking,” Conference on the Investigation & Prosecution of Crimes of Stalking, Dover, Delaware, October 2016

Awards/Rankings

  • Executive Office for United States Attorneys, Department of Justice, Director’s Award for Superior Performance by a Litigative Team, United States v. Wilmington Trust Corp., et al., September 2020
  • Chief of Internal Revenue Service-Criminal Investigation Division’s Excellence Award for Tax/Financial Investigation into Wilmington Trust Corp., August 2019
  • Executive Office for United States Attorneys, Department of Justice, Director’s Award for Superior Performance by a Litigative Team, United States v. Matusiewicz, et al., May 2019
  • Delaware Valley Chapter, International Association of Financial Crimes Investigators Task Force of the Year Award, May 2019
  • Federal Bureau of Investigation, Special Recognition Award for United States v. Wilmington Trust Corp., et al., May 2018
  • Federal Bureau of Investigation, Special Recognition Award for United States v. Matusiewicz, et al., February 2016
  • Cybersecurity Trailblazer Award, The National Law Journal, December 2015
  • Younger Federal Lawyer of the Year Award, Federal Bar Association, 2004
  • Navy & Marine Corps Commendation Medal, Navy & Marine Corps Achievement Medal, Combat Action Ribbon, Global War Against Terrorism Expeditionary Medal
Experience

Ongoing Cases

  • CASE CAPTION In re Advance Auto Parts, Inc. Securities Litigation
    COURT United States District Court for the District of Delaware
    CASE NUMBER 18-cv-00212-RGA
    JUDGE Honorable Richard G. Andrews
    PLAINTIFF Public Employees’ Retirement System of Mississippi (“MPERS”)
    DEFENDANTS Advance Auto Parts, Inc., Thomas R. Greco, and Thomas Okray
    CLASS PERIOD November 14, 2016 through August 15, 2017, inclusive

    This securities fraud class action case arises out of Defendants’ misrepresentations about their financial forecasts and guidance for fiscal year 2017. As alleged, prior to the Class Period, Defendant Advance Auto Parts struggled with lagging comparable store sales and operating margins. Under a new CEO and CFO (Defendants Thomas Greco and Thomas Okray, respectively), the Company announced an ambitious, optimistic transformation and told the market that it would achieve positive sales and margins in 2017—despite all internal projections continuing to point negative. During the Class Period, Defendants chose to double down and reaffirm their false guidance when presented with opportunities to modify it. When they finally admitted publicly that their promised success would never come to fruition, Defendants caused the Company’s stock price to plummet.

    MPERS filed a 95-page Amended Complaint in January 2019 on behalf of a putative class of investors alleging that the Defendants violated Section 10(b) of the Securities and Exchange Act by making false and misleading statements about the Company’s fiscal year 2017 financial forecasts. In February 2020, Judge Andrews denied the vast majority of Defendants’ motion to dismiss. In November 2020, Judge Andrews certified the class. Defendants sought interlocutory review of the class certification order, but the 3d Circuit Court of Appeals denied review.  Fact discovery is complete, with expert disclosures underway.  The case is set for trial on April 4, 2022.

  • CASE CAPTION    In re Carnival Corp. Securities Litigation
    COURT United States District Court for the Southern District of Florida
    CASE NUMBER 1:20-cv-22202-KMM
    JUDGE Honorable K. Michael Moore
    PLAINTIFF

    Massachusetts Laborers’ Pension and Annuity Funds, New England Carpenters Pension & Guaranteed Annuity Funds, & Michael W. Slaunwhite

    DEFENDANTS Carnival Corp., Carnival plc, and Arnold W. Donald
    CLASS PERIOD September 16, 2019 to March 31, 2020

    This securities fraud class action concerns Defendants’ statements touting Carnival’s compliance with health and safety requirements and related protocols and with respect to the risk and impact of COVID-19 on its passengers, crew, and business. Carnival is the world’s largest cruise operator, carrying nearly half of the world’s cruise passengers on voyages around the world on over 100 ships across nine cruise lines. At the start of the Class Period, Defendants announced the creation of Carnival’s Incident Analysis Group (the “IAG”). The Company tasked the IAG with making recommendations to enhance Carnival’s Health, Environment, Safety, and Security (“HESS”) policies and procedures and developing programs to standardize training and investigation of the Company’s HESS issues.

    The worldwide COVID-19 pandemic illustrated that Carnival’s HESS policies, Defendants’ statements touting their commitment to their passengers’ and crew members’ health safety, and the Company’s commitment to keeping its ships “free of . . . illness” were ultimately false. As COVID-19 spread throughout the world in the early months of 2020, unbeknownst to investors, Carnival’s policies, procedures, and infrastructure were insufficient, if existent at all. Rather than publicly acknowledging the risks posed by the coronavirus and that its policies, procedures, and protocols were insufficient to address them, Carnival publicly projected a “business as usual” narrative. Specifically, Carnival kept its ships full and on the water, continued to sell cruise tickets, and limited customers’ access to refunds. All the while, Carnival’s deficient health and safety protocols created all manner of problems on its ships, which ultimately proved to be virulent breeding grounds for the virus, causing severe illness and death among its passengers.

    Despite Defendants’ falsely optimistic outlook on Carnival’s ability to contain the coronavirus and the potential effects of the virus on their business, the relevant truth began to emerge in mid-March. First, on March 16, 2020, Defendants disclosed publicly what they had known since late January: that COVID-19 would have a “material negative impact on [Carnival’s] financial results and liquidity,” and while the Company would be “unable to provide an earnings forecast,” it “expect[ed] results of operations for the fiscal year ending November 30, 2020 to result in a net loss.” The price of both Carnival common stock and Carnival ADSs declined by over 12% on this news. Then, on March 31, 2020, Defendants comprehensively revised the risk factors contained in the Company’s Form 10-K. These new risk factors finally divulged the true and extremely serious risks that the coronavirus pandemic posed to Carnival’s business as a result of Defendants’ inability to implement adequate policies, procedures, and protocols to safeguard passengers’ and employees’ health and safety. On this news, shares of Carnival common stock declined by 34%, and the price of Carnival ADSs declined by a similar amount.

    Plaintiffs’ filed the Second Amended Class Action Complaint on July 2, 2021. Defendants’ motion to dismiss is fully briefed and pending before the Court.  

  • CASE CAPTION          Sjunde AP-Fonden v. The Goldman Sachs Group, Inc. et al.
    COURT United States District Court for the Southern District of New York
    CASE NUMBER 1:18-cv-12084-VSB
    JUDGE Honorable Vernon S. Broderick
    PLAINTIFF Sjunde AP-Fonden (“AP7”)
    DEFENDANTS The Goldman Sachs Group (“Goldman Sachs” or the “Company”), Lloyd C. Blankfein, Gary D. Cohn, and Harvey M. Schwartz
    CLASS PERIOD February 28, 2014 to December 20, 2018, inclusive

    This securities fraud class action case arises out of Goldman Sachs’ role in the 1Malaysia Development Berhad (“1MDB”) money laundering scandal, one of the largest financial frauds in recent memory.

    In 2012 and 2013, Goldman served as the underwriter for 1MDB, the Malaysia state investment fund masterminded by financier Jho Low, in connection with three state-guaranteed bond offerings that raised over $6.5 billion. Goldman netted $600 million in fees for the three bond offerings—over 100 times the customary fee for comparable deals.

    In concert with Goldman, Low and other conspirators including government officials from Malaysia, Saudi Arabia, and the United Arab Emirates ran an expansive bribery ring, siphoning $4.5 billion from the bond deals that Goldman peddled as investments for Malaysian state energy projects. In actuality, the deals were shell transactions used to facilitate the historic money laundering scheme. Nearly $700 million of the diverted funds ended up in the private bank account of Najib Razak, Malaysia’s now-disgraced prime minister who was convicted for abuse of power in 2020. Other funds were funneled to Low and his associates and were used to buy luxury real estate in New York and Paris, super yachts, and even help finance the 2013 film “The Wolf of Wall Street.”

    AP7 filed a 200-page complaint in October 2019 on behalf of a putative class of investors alleging that Goldman and its former executives, including former CEO Lloyd Blankfein and former President Gary Cohn, violated Section 10(b) of the Securities Exchange Act by making false and misleading statements about Goldman’s role in the 1MDB fraud. As alleged, when media reports began to surface about the collapse of 1MDB, Goldman denied any involvement in the criminal scheme. Simultaneously, Goldman misrepresented its risk controls and continued to falsely tout the robustness of its compliance measures. Following a series of revelations about investigations into allegations of money laundering and corruption at 1MDB, Goldman’s stock price fell precipitously, causing significant losses and damages to the Company’s investors.

    In October 2020, the U.S. Department of Justice announced that Goldman’s Malaysia subsidiary had pled guilty to violating the Foreign Corrupt Practices Act (“FCPA”) which criminalizes the payment of bribes to foreign officials, and that Goldman had agreed to pay $2.9 billion pursuant to a deferred prosecution agreement. This amount includes the largest ever penalty under the FCPA.

    On June 28, 2021, The Honorable Vernon S. Broderick of the U.S. District Court for the Southern District of New York sustained Plaintiffs’ complaint in a 44-page published opinion. The case is now in discovery.

Publications

Co-Author:  “A Mother Vindicated:  Landmark Cyberstalking Case,” Domestic Violence Report, Vol. 22, No. 6, Aug./Sept. 2017

Co-Author: “United States v. Matusiewicz:  Lessons Learned From the First Federal Prosecution of Cyberstalking Resulting in Death,” The United States Attorneys’ Bulletin, May 2016, Vol. 64