Rebecca Fike
Trammell Crow Center
2001 Ross Avenue
Suite 3900
Dallas, Texas 75201
My decade in the SEC’s Division of Enforcement gives me singular insight into the current inner workings of government investigations—and my ability to work with regulators allows me to effectively advise my clients and protect their interests. Rebecca Fike is an experienced litigator focused on shareholder enforcement, government and internal investigations, and white collar defense. As Senior Counsel in the Securities and Exchange Commission’s Division of Enforcement for nearly 10 years, Rebecca conducted more than 60 investigations, including three “Top 5” national priority investigations. At the SEC, she ran all aspects of her investigations, including crafting case strategy, interviewing witnesses and conducting on-the-record testimony, engaging in settlement negotiations, and drafting civil complaints and settlement documents. She frequently conducted investigations in parallel with the Department of Justice and other civil and criminal agencies. The SEC recognized Rebecca for her efforts with an Annual Enforcement Director’s Award for excellence in investigative work, as well as the inaugural Performance Incentive Bonus award for demonstrating an “extraordinary and rare level of performance that significantly surpasses the requirements of the job.”
Rebecca brings clients a current, insider’s perspective on how to best guide them through the reality of today’s SEC investigations. She brought six successful enforcement recommendations, including four settlements, under the new administration and SEC Chairman, giving her a fresh perspective on the evolving priorities and policies of SEC Commissioners. With this experience, Rebecca is uniquely positioned to work productively with SEC staff while vigorously protecting her clients’ interests.
Investigations and Administrative Proceedings
Lead attorney in In the Matter of KBR, Inc., the Commission’s first-ever enforcement of Rule 21F-17 under the Dodd-Frank Whistleblower Rules; the resulting order had an impact on corporate whistleblower policies, internal investigation procedures, and confidentiality agreements nationwide
Co‐lead investigative attorney in In the Matter of Nikola Corp., a complex ESG/SPAC fraud regarding an alleged zero‐emissions transportation system provider, finding violations of the antifraud and disclosure control provisions of the federal securities laws and ordering the payment of a $125 million penalty
Co‐lead investigative attorney in SEC v. Trevor R. Milton charging scores of fraudulent statements made by Nikola Motor Corporation’s founder and former CEO Trevor Milton in raising more than $1 billion from public and private investors through a SPAC transaction
Lead attorney in settled administrative proceedings against public company and, founder and former CEO for fraud regarding undisclosed executive perquisites, as well as stock pledges and violations of the books and records, internal accounting controls, and proxy provisions
Lead attorney in settled administrative proceedings against public company Tandy Leather Factory, Inc. and its former CEO for failures in accounting, reporting, disclosure controls and procedures, and internal controls over financial reporting
Lead attorney in six public company accounting fraud and restatement investigations, including those with parallel criminal investigations and novel accounting and securities law issues
Lead attorney in national priority investigation in complex potential public company accounting fraud; worked extensively with other SEC offices and outside criminal authorities
(N.D. Tex.) – Lead attorney in $8.7 million oil and gas offering fraud with parallel criminal case
(W.D. Tex.) – Lead attorney in $7.4 million aviation investment scheme with parallel criminal case
(W.D. Tex.) – Lead attorney in $6.3 million offering fraud by Texas state senator and others; assisted FBI and DOJ in successful criminal prosecution
(N.D. Tex.) – Lead attorney in $4.3 million offering fraud
(N.D. Tex.) – Lead attorney in $1.1 million real estate investment fraud with parallel criminal case
(N.D. Tex.) – Lead attorney in oil and gas offering fraud for misuse of investor funds by founder
Co‐lead investigative attorney in In the Matter of Munish Sood, an action against a formerly registered investment adviser related to an NCAA bribery scandal
Lead attorney in two potential insider trading investigations
Lead attorney in an investigation into potential pump‐and‐dump ring with whistleblower and parallel investigation by the FBI
Assisted in drafting a successful motion to dismiss of claims against a hedge fund and fund advisor in a securities class action arising from investment in Madoff feeder fund
Assisted in the defense of two master limited partnerships, their general partners, and their directors in lawsuits filed by a limited partner; played large role in electronic discovery, review of public securities filings, deposition preparation, and research and brief writing for injunction hearings
Credentials
- The University of Chicago Law School, J.D., 2008 (Equal Justice of America Fellow)
- The University of Texas at Austin, B.A., 2004 (Phi Beta Kappa; National Merit Scholarship; University Scholar)
- Senior Counsel, Division of Enforcement, U.S. Securities and Exchange Commission (2012-2022)
- Associate, Complex Commercial Litigation, Vinson & Elkins LLP (2008-2012)
- Inaugural Performance Incentive Bonus award, U.S. Securities and Exchange Commission, 2021
- Annual Enforcement Director’s Award for excellence in investigative work, U.S. Securities and Exchange Commission, 2015
- Texas
- U.S. Fifth Circuit Court of Appeals
- U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
- EventSeptember 21, 2022
- EventSeptember 15, 2022 - September 16, 2022
- InsightJuly 26, 2022
- Event RecapJuly 26, 2022
- InsightJune 16, 2022
- InsightMay 26, 2022
- InsightMay 25, 2022
- InsightMay 19, 2022
- InsightMay 16, 2022
- InsightMay 5, 2022
- InsightApril 22, 2022
Published in The Texas Lawbook, April 7, 2022
- Event RecapApril 8, 2022
- InsightApril 6, 2022
- InsightApril 5, 2022
A Version of this Insight was Published in Law360, April 13, 2022
- Event RecapApril 5, 2022
- InsightMarch 31, 2022
Published in The Texas Lawbook on March 24, 2022
- InsightMarch 30, 2022
V&E SPAC Update
- InsightMarch 10, 2022
- InsightMarch 10, 2022
- “SEC Proposed SPAC Rules: Notable Changes That Could Impact Sponsor Efforts (Part Two of Two),” Private Equity Law Report, June 2022 (quoted)
- “Implications of Jarkesy v. SEC: Fifth Circuit Upholds Right to Jury Trial, Raises Red Flags about Administrative State,” The Texas Lawbook, May 27, 2022 (co-author)
- “Relevant Context, Potential Impact and Likelihood of Adoption of the SEC’s Proposed SPAC Rules,” Private Equity Law Report, May 2022 (quoted)
- “Former SEC Lawyer: 5th Circ. Ruling Challenges Agency’s Dual Roles as ‘Prosecutor and Decider’,” Law.com, May 20, 2022 (quoted)
- “First ESG Taskforce Lawsuit Shows SEC Serious on Disclosures,” Bloomberg Law, May 13, 2022 (co-author)
- “Expanded Liability for Companies under the SEC’s Proposed Climate Disclosure Rule,” The Texas Lawbook, April 7, 2022 (co-author)