Jay Goldberg

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Jay Goldberg is an American trial attorney in New York City. He is the author of two books: Preparation and Trial of Criminal Cases Within the Second Circuit (2009) and Preparation and Trial of A Federal Criminal Case (2010).[1]

Personal life[edit]

Goldberg was born in Brooklyn, New York, United States. He graduated from Harvard Law School magna cum laude and was elected to Phi Beta Kappa. He is married to Rema Goldberg, who serves as a jury consultant to attorneys.


Goldberg was acting United States Attorney for the Northern District of Indiana, Special Attorney and Counselor to the United States Department of Justice, Washington D.C and an Assistant District Attorney, New York County. He has been a past lecturer on trial advocacy at the Harvard Law School.

In a review of Preparation and Trial of Criminal Cases Within the Second Circuit, Supreme Court Justice Arthur Lonschein wrote: "[Jay Goldberg] holds the distinction of being one of the most skilled, if not the most skilled trial lawyer in the United States.”[2] Former President of the Criminal Bar Association Richard Levitt called Goldberg "one of the foremost litigators of this or any generation." [3] On the night Goldberg was recognized with an award from the Criminal Bar Association, former Chief of the Criminal Division of the United States Attorney’s Office S.D.N.Y. Frederick Hafetz said: “I consider you to have the best killer trial skills I have ever seen in my 47 years of practice, and I have worked with the best, courtroom presence, capturing the jury’s attention through devastating cross and summations that have jurors on the edge of their seats.”[4]

In a poll conducted by a New York magazine, selected lawyers and judges were asked to answer this question: "Who Are Manhattan's Most Powerful, Talented, and Fearsome Prosecutors and Defenders?" The survey resulted in this statement: "Goldberg is a lawyer's lawyer, a defense attorney whom colleagues and prosecutors alike cite as exemplary of the mix of qualities that make a lawyer effective." The consensus, as reported in the survey, was that: "Goldberg is the best trial lawyer in town."[5]

On September 22, 2011, he was honored by members of the United States Congress for his dedication and study of the principles of the United States Constitution.[6]


  • “The Response of The Supreme Court for the Civil War Amendment In The Period Between 1866 and 1900,” October 2011.
  • “The Second Circuit Offers a Primer for Criminal Law Practitioners,” New York Law Journal, October 19, 2011.
  • “The Administration’s Problems with RFK as the Attorney General,” Federal Bar Council Quarterly, May 2011.
  • “The Use of Humor as a Trial Technique,” New York Law Journal, May 18, 2011.
  • “The Appropriateness of Military Trials for Terrorists,” White Collar Crime Reporter, June 1, 2010.
  • “Military Tribunals Versus Civilian Trials During War And Peace,” New York Law Journal, May 17, 2010.
  • “Allow Jurors to Arrive at a Third Verdict: ‘Not Proven,’” New York Law Journal, December 10, 2009.
  • “How to Get a Hearing Under FRE 104(A) To Test The Bona Fides of the Government’s Witness Cooperation Agreement,” New York Law Journal, November 20, 2009.
  • "Miranda Redux," White Collar Crime Reporter, July 25, 2009.
  • “Interrogations and the Law: Does 'Miranda' Work?” New York Law Journal, June 10, 2009.
  • “A Call to Action – The Need To Ensure Protection of New York’s Privacy Law - Civil Rights Law 50 and 51,” New York Law Journal, February 5, 2008.
  • “Reflections: The Robert F. Kennedy I Knew,” Champion, November, 2007.
  • “Testimony of Government Informers and Jury Knowledge of Risks,” New York Law Journal, August 11, 2006.
  • “When an Attorney Forfeits the Right to Fees,” New York Law Journal, May 15, 2006.
  • "The Power of the Jury: Is it Diminished by Court Rulings?" New York Law Journal, March 9, 2005.
  • "The Adversarial System in Criminal Cases," New York Law Journal, November 17, 2005.
  • "Multidefendant Trials: Sixth Amendment Rights Get Little Protection," New York Law Journal, September 12, 2005.
  • "RICO Conspiracy: The Need for Appropriate Jury Instruction," New York Law Journal, July 7, 2005.
  • "Caution to the Bar: The Reach of Federal Rule of Evidence 612," New York Law Journal, July 12, 2004.
  • "The Need to Assure That Justice is Done," White Collar Crime Reporter, June, 2004.
  • "Government Witness Cooperation Agreements: A Defense Perspective," New York Law Journal, November, 2003.
  • "The Need for Consistency When Dealing With the Right to Obtain Constitutionally Mandated Discovery" The Mouthpiece, New York State Association of Criminal Defense Lawyers, October 2003.
  • "Why the Southern and Eastern Districts of New York Should Adopt a Brady Rule," New York Law Journal, June, 2003.
  • "Tape Recorded Evidence: A Little Known Impediment to Use of Electronic Devices To Gather Evidence, Even in a One-Party Consent State," Champion, National Association of Criminal Defense Lawyers, April 2000.
  • "Counsel Beware: It Is Not Enough to Have One-Party Consent Before Recording a Conversation," The Mouthpiece, New York State Association of Criminal Defense Lawyers, January/February 2001.
  • "A Little Known Hidden Problem Within the Federal Wiretap Statute," White Collar Crime Reporter, October 2000.
  • "A Seldom Used But Often Effective Rule of Evidence," The Mouthpiece, New York State Association of Criminal Defense Lawyers, September/October 2000
  • "Nuances in Federal Law that Must Be Known by State Practitioners Trying Federal Cases," CLE Lecture August 25, 2000.
  • "Humor: Does It Have a Place in the Trial of a Criminal Case," American Bar Association, July, 2000.
  • "The Best Kept Secret in the Trial of a Federal Criminal Case," White Collar Crime Reporter, May 2000.
  • "Brady/Giglio and the Defendant's Right to Such Material," Champion, National Association of Criminal Defense Lawyers, August 1998.
  • "Truth in Government Summations: The Need for Judicial Intervention," White Collar Crime Reporter, July/August 1998
  • "The Need for Enforcement of Brady/Giglio Rights," The Mouthpiece, New York State Association of Criminal Defense Lawyers, March/April 1998.
  • "Awaken Defense Bar: Your Client's Rights Are Not Protected," New York Law Journal, March 12, 1998.
  • "When Will They Understand the Role of the Criminal Defense Attorney?" Champion, National Association of Criminal Defense Lawyers, September 1997.
  • "Criminal Defense Is Often a One Night Stand," National Law Journal, July 21, 1997.
  • "Megatrials: The More, the Messier," White Collar Crime Reporter, November 1991.
  • "Problems in the Trial of a Multiple Defendant Case," New York State Bar Association, 1989.
  • "Essentials of Cross-Examination," New York State Bar Association, 1987.
  • "Multiple Representation of White Collar Targets and Witnesses During the Grand Jury Investigation," Practicing Law Institute, 1985.
  • "Remedies for Private Plaintiffs Under the Civil RICO Statute," Practicing Law Institute, 1984.