Practices
Russell Johnston is a partner in and co-head of the Firm’s Litigation & Investigations Group. He focuses on internal investigations, regulatory inquiries, enforcement actions, and compliance counseling. As both a former Senior Counsel in FINRA’s Department of Enforcement and in private practice representing financial institutions and individuals, he’s worked extensively on matters addressing anti-money laundering, anti-corruption, economic sanctions, securities fraud, market manipulation, sales practice supervision, market regulation, and the use of crowdfunding and digital assets.
He also advises multinational corporations, across a wide range of sectors, on complex financial crime compliance matters. In this field, he’s led worldwide internal investigations, assisted clients in cooperating with regulatory inquiries, conducted due diligence prior to M&A transactions, and prepared corporate officers for congressional hearings. Russell has also provided financial crime compliance training, best practices, and policy formation to both clients and fellow attorneys, and assisted in the UK Parliament Select Committee’s creation of the Bribery Act.
While at FINRA, Russell served as the lead attorney on some of the organization’s most complex matters, including historic enforcement actions regarding anti-money laundering violations, sales practice supervision issues, and the most significant penalties and restitution programs emanating from the Puerto Rico debt crisis. He also served as counsel on several of FINRA’s earliest fintech-related matters, including the first enforcement action addressing the use of distributed ledger technology, and served as the first and primary counsel to the funding portal examination program. In addition, he served as counsel on numerous matters addressing member applications, corporate finance issues, and advertising regulations for broker-dealers of all shape and size.
Publications
- Co-authored, “SEC Enforcement of Off-Channel Communications Continues – New Series of Firms Charged with Penalties Totaling $289 Million,” Seward & Kissel (August 16, 2023)
- Co-authored, “‘An Ounce of Prevention’…How to Reduce the Risk of Litigation and Enforcement Proceedings,” Seward & Kissel (July 26, 2023)
- Co-authored, “Off-Channel Communications: Action Items for Advisers,” Seward & Kissel (March 16, 2023)
- Co-authored, “Introducing the Government and Regulatory Rundown – March 2023,” Seward & Kissel (March 9, 2023)
- Co-authored, “Seward & Kissel Releases Litigation Group 2022 Year in Review,” Seward & Kissel (February 7, 2023)
- Co-authored, “New Omnibus Bill Codifies M&A Broker-Dealer SEC Registration Exemption,” Seward & Kissel (January 17, 2023)
- Co-authored, “SEC Proposes Amendments to Best-Execution Rule,” Seward & Kissel (December 15, 2022)