David B. Cosgrove

Mr. Cosgrove has a diverse litigation and trial practice. He has achieved substantial and often unexpected positive results in a variety of complex matters.

Some of these results include:

  • Lead counsel representing a broker against his former employer in a FINRA arbitration which resulted in a $600,000 award and full expungement of the broker’s professional disclosure record on behalf of the broker.
  • Quickly negotiating a half million dollar settlement with a national broker-dealer for breach of fiduciary duty and fraudulent concealment.
  • Lead counsel representing a broker against his former employer in a FINRA arbitration which resulted in a $3.25 million award for the broker and a full dismissal of the broker-dealer’s $10 million counterclaim.
  • Quickly negotiating a $2.4 million dollar settlement with a national insurance company for an employer baited into an IRS-listed §419 employee benefit plan.
  • Litigating the dismissal of a $900,000 lawsuit against a client and the payment of $250,000 to the Cosgrove Law, LLC client.
  • Obtaining payments for numerous clients from various broker-dealers and investment representatives for providing fraudulent or negligent investment advice, churning, and unauthorized transactions in client accounts.
  • Obtaining the complete dismissal of a corporate officer and brokers in a multi-million dollar regulatory enforcement matter regarding the marketing of auction rate securities.
    Procuring the Court’s dismissal of a Federal Court suit brought by an international chemical provider against a local distributor resulting from a contract dispute over tanker shipments from India.
  • Defending a client indicted for conspiring with a government agent to defraud the United States Government.
  • Defending the President and CEO of a national mortgage broker company facing a federal prosecution regarding taxes and alleged bank fraud.
  • Negotiating settlements on various state regulatory enforcement actions on behalf of his brokerage and precious metals industry clients.
  • Providing expert witness analysis for Plaintiffs in securities litigation in areas such as §1035 real estate exchanges, TIC interests, private placements, and IRA’s.
  • Prevailing over FINRA’s opposition on brokers’ MC400 applications before the National Adjudicatory Council.

Prior to his return to private practice in 2006, Mr. Cosgrove served as Missouri’s Commissioner of Securities where he supervised attorneys, investigators and auditors investigating and prosecuting violations of the state’s securities laws. He was responsible for identifying practices or industry sectors appropriate for enforcement measures and also supervised the Securities Division’s registration and audit sections. Additionally, he interfaced with the SEC, NASD (now FINRA), NASAA (North American Securities Administrators Association) and various other state and federal enforcement agencies.

Previously, Mr. Cosgrove served as Chief Counsel for the Missouri Attorney General’s Office’s Consumer Protection Division where he supervised attorneys and investigators prosecuting civil and criminal litigation related to unlawful merchandising, fraud and anti-trust, including national multi-state litigation. After that, he served as Chief Legal Counsel to Governor Bob Holden.

Between 1999 and 2002, Mr. Cosgrove held the position of Chief Consumer Protection Prosecutor in the Criminal Division of the Massachusetts Attorney General’s Office in Boston, Massachusetts. He was responsible for criminal commercial fraud cases, including securities, mortgage, telemarketing, internet, unlicensed practitioners, and contract fraud. Mr. Cosgrove also worked as an Assistant District Attorney and a Special Assistant United States Attorney for the U.S. District of Massachusetts responsible for grand jury investigations and the litigation of a wide range of white-collar cases.

Between 1993 and 1999, Mr. Cosgrove served as an Assistant Attorney General for the Missouri Attorney General’s Office where he litigated both criminal and civil cases. This experience included dozens of jury trials and hundreds of depositions and evidentiary hearings. Mr. Cosgrove began his career in 1990 in private practice in the Commercial Litigation Department of Stinson, Morrison and Hecker in Kansas City, Missouri.

Mr. Cosgrove served on the City of Webster Groves Board of Adjustment from 2009 – 2015. In 2011, he was appointed by Governor Jay Nixon to serve as a Commissioner for the Missouri Housing Development Commission. During his time as a Commissioner, Mr. Cosgrove served as the Commission’s Secretary and Treasurer. From 2016-2017, he was appointed to the Bar Association of St. Louis' ('BAMSL') Board of Governors and was also selected to chair BAMSL's Securities Section. As Chair of this new Section, Mr. Cosgrove revitalized the securities presence through BAMSL by encouraging both educational and networking opportunities for all segments of the practice area.

Mr. Cosgrove received a Bachelor of Arts degree in Economics, cum laude, and his law degree from the University of Notre Dame. Mr. Cosgrove received the distinguished Lon O. Hocker Award for trial advocacy from the Missouri Bar Foundation. His memberships include the Missouri Bar, the Massachusetts Bar, United States Supreme Court, United States District Court, Western and Eastern Districts of Missouri, the United States District Court, District of Massachusetts, and the 8th Circuit Court of Appeals.