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Profile

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Company
Regulatory Resolutions / McNamara Smith LLP
Profile Info
Name
Thomas McNamara
About / Bio
Tom McNamara is lawyer with extensive civil and white collar criminal experience. He spent eleven years with the Department of Justice as an Assistant United States Attorney in San Diego focusing on white collar crime. Since returning to private practice, Mr. McNamara has concentrated on litigation, white collar matters, and internal investigations. He has worked on matters involving allegations of health care fraud, computer crimes, financial fraud, FDA violations, and insider trading. He has participated in a number of internal investigations on behalf of inside counsel and board committees. In the course of these investigations, he has extensively interacted and cooperated with enforcement agencies, including the SEC and federal prosecutors. He also served for several years as the Managing Partner of the San Diego office of a leading law firm.

A significant part of Mr. McNamara’s practice involves acting as receiver or monitor in regulatory enforcement actions. He has been appointed dozens of times by United States District Courts throughout the country in matters brought by the SEC, the Consumer Financial Protection Bureau, the Federal Trade Commission, the Commodity Futures Trading Commission, and numerous state regulatory agencies. In these appointments, he is charged with objectively investigating and presenting findings to the appointing court. For brief descriptions of some of these cases please see https://regulatoryresolutions.com/cases/.

Recognition

Mr. McNamara’s work twice earned him the Department of Justice Director’s Award for Superior Performance as an Assistant U.S. Attorney presented by the Attorney General of the United States.
Experience
Corporate Monitoring Exp

Federal Trade Commission v. OTA Franchise Corporation, et al., 8:20-cv-00287-JVS (CDCA).

Appointed Monitor over Online Trading Academy, an international stock trading academy which offered to teach consumers to “invest like the pros on Wall Street.”  Tasked with reviewing Defendants’ marketing claims, marketing materials, webinars, live sales events, and call and sales events recordings to ensure compliance with the Preliminary Injunction. See https://regulatoryresolutions.com/case/federal-trade-commission-v-ota-franchise-corporation-et-al-ota-monitorship/

Federal Trade Commission v. Telestar Consulting, Inc., et al., 2:16-cv-00555-SJO (CDCA).

Monitored advertising, marketing, and sales functions of the business.  Audited customer contacts and approved marketing and sales approaches.

Federal Trade Commission v. AMG Services, Inc., et al., Case No. 2:12-CV-00536-GMN (D. NV).

Post-judgment monitor over dozens of entities and individual defendants (the “Monitorship Estate”) involved with an enormous payday lending operation.  Tasked with monitoring compliance with an asset freeze, selling assets, auditing receipt of income, conducting investigation of assets and transfers and bringing appropriate claims against third parties, operating and liquidating businesses and assets as appropriate, and collecting funds due the Monitorship Estate

Education
Education

University of San Diego School of Law (J.D.), Managing Editor, San Diego Law Review

University of Nevada (B.S.)

Judicial Clerkship

Roger D. Foley, U.S. District Court for the District of Nevada

Affiliations
Professional Memberships
Certifications/Licenses

MIT Media Lab Cryptocurrency Certificate (2020)

Contact Info
Email
tmcnamara@mcnamarallp.com
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