Brad Gershel is an experienced litigator with a broad practice spanning criminal defense, regulatory enforcement, and complex commercial litigation. He represents both individuals and companies in sensitive government and internal investigations, as well as workplace disputes, and advocates for both plaintiffs and defendants in a wide range of civil matters.
Brad brings deep experience in defending clients before the U.S. Department of Justice (DOJ), District Attorney’s Offices across New York City, the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and other enforcement agencies. He regularly guides clients through sensitive internal investigations and whistleblower complaints.
Representative Experience
Representative Matters
- A senior executive of a local District Attorney’s office in a five-week federal criminal trial, arising out of an alleged conspiracy to tamper with witnesses and obstruct an official proceeding
- A former federation president of FIFA charged with a conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act, wire fraud, and money laundering, in a six-week federal criminal trial
- The CEO of a company that generated and sold virtual currency in parallel DOJ and SEC investigations of alleged wire fraud and securities fraud
Professional Highlights
Professional Activities
Federal Bar Council, Member, Committee on Sentencing and Alternatives to Incarceration
New York City Bar Association, Member, Criminal Advocacy Committee
Recognition & Accomplishments
Chambers USA, "Associates to Watch," Litigation: White Collar Crime & Government Investigations (New York), 2021-2024
The Best Lawyers in America, "Ones to Watch," – Criminal Defense: White-Collar (New York), 2021-2025
National Association of Criminal Defense Lawyers, "President's Commendation," 2021
Publications
Co-author, "1980s Sentencing Reform and Its Impact on Federal Plea Bargaining and the Trial Penalty," Federal Sentencing Reporter, Vol. 31, No. 4-5, April/June 2019
Author, "Ballard Spahr Discusses SEC Case Against Clearing Broker Under Bank Secrecy Act," Columbia Law School's Forum on Corporate Governance and Financial Regulation, January 2019
Co-author, "The Growing Risk of Providing Oral Summaries: Preserving Privilege in the Wake of SEC v. Herrera and the Government's Increasing Leverage to Obtain Such Disclosures," Business Crimes Bulletin, May 2018
Credentials
Education
Emory University School of Law (J.D. 2013)
Michigan State University (B.A. 2010)
Admissions
New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. Court of Appeals for the Second Circuit