(202) 261-2975
(917) 344-8788 fax
ecarney@rkollp.com

Portrait Building,
701 8th Street NW
Washington, DC 20001-3727

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Eva Marie Carney

Partner

Eva Marie Carney specializes in securities regulatory and compliance matters. She regularly represents corporations, investment banks, financial firms and accounting firms, to devise and implement policies and procedures that safeguard and prevent the misuse of confidential information; identify and limit conflicts of interest; and otherwise achieve compliance with federal securities laws and other laws and regulations. Ms. Carney analyzes regulatory initiatives for their impact on client business, advocates client positions to the Securities and Exchange Commission (SEC) and its staff, and undertakes compliance reviews and internal investigations. Her practice also includes client representations in SEC and other law enforcement investigations, and advice to management, boards of directors and audit committees on disclosure matters and other regulatory issues. Illustrative matters include:

• Developed policies and procedures for a Fortune 500 company’s bank loan trading program and provide ongoing advice with respect to operation of the program.
• Headed a team that mapped the procedures of another Fortune 500 company’s trading unit and advised the firm on supervisory procedure enhancements.
• Represented registered investment advisers in responding to government "sweep" requests and prosecutors' subpoenas focused on market rumors, short selling, and insider trading on information provided by paid consultants.
• Drafted Codes of Conduct for consultants engaged by investment advisers to conduct investment research.
• Developed guidelines for client buy-backs of loans or securities in situations in which the client has been given access to non-public information of the borrower or issuer.
• Provide annual insider trading prevention training to personnel of hedge fund clients.
• Defended former senior executives of public companies against SEC financial fraud and improper accounting allegations.

Ms. Carney’s current practice draws on her thirteen years of experience at the SEC and the additional litigation experience she gained as a Special Assistant United States Attorney in the District of Columbia. Most recently, she was an Assistant General Counsel for Adjudication at the SEC (1995 to 1998 and 2000 to 2003). In that role, she evaluated and advised the SEC regarding legal issues presented in enforcement cases appealed to the SEC, and she oversaw the writing of enforcement decisions involving investment advisers, broker-dealers, and accountants.

While at the SEC, Ms. Carney also oversaw review of NASD, New York Stock Exchange, and other self-regulatory organization disciplinary matters, membership denial, and delisting decisions. Ms. Carney’s prior positions in the Office of the General Counsel included Staff Attorney representing the SEC in appellate securities litigation in the federal courts of appeal and the United States Supreme Court (1988 to 1990). She also was Senior Counsel in the SEC’s Division of Investment Management, where she served as legal adviser on investment management issues (1990 to 1992) and contributed to drafting the 1992 Staff Report, Protecting Investors: A Half Century of Investment Company Regulation. She began her legal career at Saint Elizabeth’s Hospital in Washington, D.C., where she served as in-house counsel to the psychiatric and medical staff, developed medico-legal policies, and had an active federal litigation practice.

Ms. Carney is a member of the Managed Fund Association and The Women’s Bar Association. She actively participates in the Whitman Walker Clinic Legal Services’ Pro Bono Services Program.

Ms. Carney presently serves as an elected representative to the Legislature of the Citizen Potawatomi Nation. The Nation has some 15 enterprises in central Oklahoma, including two casinos and a federally-chartered bank, and is an important economic and culture presence in the State. Ms. Carney sits on the Government & Rules and the Judiciary & Public Safety Legislative Committees and represents all of her fellow members of the Nation who reside in the Southeastern United States.