Described by The New York Times as the person “often sought out in…thorny situations” by corporations, Bart M. Schwartz has wide experience providing advice and support to corporations, governments and individuals.
Mr. Schwartz served under U.S. Attorney Rudolph Giuliani as the Chief of the Criminal Division in the Southern District of New York. In that post, he had responsibility for overseeing prosecutions related to financial and business fraud, organized crime, narcotics, and other types of criminal activity.
Mr. Schwartz has served as a trial lawyer, corporate advisor and CEO of a private company and a unit of a public company. For more than 30 years, he has managed complex investigations, prosecutions and security assessments, and provided sophisticated investigative services to a wide array of clients. Mr. Schwartz is currently the chairman of Guidepost Solutions and serves on the board of HMS Holdings Corp. (NASDAQ:HMSY) where he is Chairman of the Compliance Committee and a member of its Audit Committee. He also serves on the Board of Directors of several philanthropic organizations, including the Stuyvesant High School Alumni Association; the Police Athletic League of New York City; and the All Stars Project, Inc. national board, as well as chair of its New York board.
SELECT PROFESSIONAL EXPERIENCE
- Secretary Ben Carson of the U.S. Department of Housing and Urban Development (HUD) and Geoffrey Berman, U.S. Attorney for the Southern District of New York (SDNY) selected Mr. Schwartz to be the federal Monitor over the New York City Housing Authority (NYCHA) pursuant to an agreement reached among HUD, SDNY, NYCHA and the City of New York. NYCHA is the country’s largest housing authority with more than 400,000 residents. Mr. Schwartz oversees the implementation of the agreement to achieve decent, safe, and sanitary living conditions for NYCHA’s residents.
- In April 2016, retained by the Governor of the State of New York to conduct a review of all grants and approvals in certain programs and operations in the Buffalo Billion/Nano Economic Development Program for improper conduct, lobbying and undisclosed conflicts of interest and to make recommendations for improvements in its operations;
- Appointed independent monitor by the U.S. Department of Justice to oversee General Motors’ compliance with its deferred prosecution agreement from its recall of defective ignition switches;
- In April 2014, approved as a compliance consultant by the U.S. Attorney’s Office to evaluate and report on the insider trading compliance procedures of Point72 Asset Management (formerly SAC Capital Advisors);
- When the government indicted the two main partners at Hirsch Weinig (law firm) for money laundering and drug-related crimes, Mr. Schwartz was asked by the U.S. Attorney’s Office for the Southern District of New York to monitor the search to ensure the protection of the firm’s innocent clients and lawyers. He also became the de facto Trustee of the firm and oversaw its financial dissolution, including paying off debts, collecting receivables, negotiating out of a substantial lease, etc.
- In 2018, appointed by the Department of Justice Anti-Trust Division to monitor an international shipping company (Hoegh Autoliners).
- Served as the independent compliance expert to a special committee of the Board of SAIC, arising out of the “CityTime” investigation conducted by the U.S. Attorney’s Office for the Southern District of New York and the New York City Department of Investigation;
- Appointed monitor in December 2010 by the U.S. Attorney for the Southern District of New York in its Non Prosecution Agreement with Deutsche Bank AG in a matter involving the bank’s participation and implementation of fraudulent tax shelters;
- Appointed receiver of the Madoff-related Merkin hedge funds, which includes making investment decisions, managing litigation and investor relations;
- Selected by the CFTC and the Fraud Section of the Department of Justice to monitor BP trading activities, arising out of BP’s settlement of illegal trading activities investigated by DOJ and CFTC;
- Retained by the United Arab Emirates to oversee compliance with MOUs between the UAE and Bangladesh, Pakistan, Mauritania and Sudan relating to the repatriation and compensation of children who were involved in camel racing in the UAE;
- Retained by Hewlett-Packard to conduct a worldwide review of their investigative practices and procedures;
- Engaged by a publicly traded utilities company to review the corporation’s compliance program and advise on best practices;
- Appointed monitor of DHL, an international logistics company, by the U.S. Department of Commerce for issues relating to OFAC violations;
- Served as monitor of Milberg Weiss LLP law firm under auspices of the Los Angeles U.S. Attorney’s Office;
- Elected, by investors, to the Board of Directors of the Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage (Overseas) Ltd. to conduct an independent investigation; now serving as Co-Counsel to the Receiver;
- Conducted independent investigation at Texaco into allegations of racial discrimination and destruction of documents in civil discovery;
- Appointed by Mayor Giuliani to chair a task force to conduct a top-to-bottom management review of the New York City Department of Buildings;
- Selected by the New York Metropolitan Transit Authority (MTA) to conduct a transparency assurance audit for the procurement of $5 billion of new subway cars;
- Retained by the MTA in 2003 to build a compliance and ethics department and to study MTA procurement procedures;
- Served as a monitor of a hedge fund;
- Appointed with the approval of the U.S. SEC to review Smith Barney’s compliance with the settlement in the Independent Research case;
- Served as general counsel of the Fortress Monitoring Group, which was selected by the Port Authority of New York and New Jersey as the integrity monitor for the construction of the Freedom Tower at Ground Zero; and
- Guidepost Solutions is the integrity monitor for the Port Authority of New York and New Jersey on the multi-year, multi-billion dollar construction of the Vehicle Security Center at the World Trade Center complex in New York.
Mr. Schwartz has had numerous court and other appointments to monitor the conduct of corporations in the concrete, construction, waste management and other industries. He has received assignments from or with the approval of the U.S. Securities and Exchange Commission (SEC), and the U.S. Department of Justice, the U.S Attorney’s Office for the Southern District of New York, the Manhattan District Attorney’s office, the New York Organized Crime Task Force, the New York School Construction Authority, and the New York Department of Environmental Conservation. He has conducted asset searches for the Bankruptcy Court, Trustees and Board Special Committees, including most recently in the Adelphia case.
Mr. Schwartz was a partner in a New York law firm specializing in federal civil and white-collar litigation. He also served as a Deputy Special Prosecutor in the investigation of a Presidential Cabinet Officer.
In 1991 Mr. Schwartz founded and was CEO of Decision Strategies, an internationally recognized investigative and security firm, which was sold to SPX (NYSE:SPW) in 2001. He continued as CEO until 2003, when he resigned to start his new venture. He has conducted many domestic and international investigations, including internal investigations and inquiries relating to human resources matters, compliance issues, the Foreign Corrupt Practices Act, fraud, asset searching and due diligence.
Mr. Schwartz recently contributed to The Guide to Monitorships, published by Global Investigations Review (GIR). His chapter, When to Appoint a Monitor, highlights the various types of monitorships as well as the factors to consider when determining whether to use a monitor and in selecting a monitor. Mr. Schwartz also co-authored a chapter on investigations for West Publications in the treatise Business and Commercial Litigation in Federal Courts. Mr. Schwartz frequently speaks at law and other conferences. He has served as an expert witness.