Clayman & Rosenberg Firm Update

A Message From Charles Clayman and Seth Rosenberg

We hope that this message finds all of you safe and healthy. While we navigate these unprecedented and exceptionally difficult times, we continue to operate remotely, serving clients at full capacity. As always, we are dedicated to providing outstanding counsel to our clients and remain available to guide individuals and business entities through the complex challenges posed by criminal, regulatory, employment, and civil matters. This has been a busy time for us, and we hope you will enjoy this Firm Update, which highlights some of our recent achievements.

On behalf of our entire firm, we wish you all the best.

Recent Outstanding Results

Working closely with in-house counsel and the finance group at Christie’s, the world’s largest auction house, Charles Clayman, Brian Linder, and Thomas Rotko successfully resolved sales tax issues stemming from the company’s non-U.S. affiliates. This four-year effort culminated in a deferred prosecution agreement with the Manhattan District Attorney’s Office and a closing agreement with the New York State Department of Taxation and Finance.

In a closely watched case that drew national attention, Isabelle Kirshner and Wayne Gosnell secured a favorable sentence for a physician charged with illegally distributing oxycodone, a painkiller at the center of the nation’s opioid crisis. As part of sentencing, Kirshner and Gosnell successfully argued that Dr. Nadem Sayegh, a well-respected endocrinologist, was not involved in a “pill mill,” as originally claimed by the government, and that both he and the government had been duped by a cooperator. Dr. Sayegh was sentenced to 18 months’ imprisonment, a fraction of the 20 years he was originally facing.

Thomas Rotko and Brian Linder successfully resolved potential civil claims against a hedge fund manager and a commercial real estate executive accused of sexual misconduct. Both matters were confidentially resolved prior to the initiation of costly and public litigation. Rotko and Linder worked aggressively to minimize the impact of the claims, preserving clients’ livelihoods and professional reputations.

Wayne Gosnell successfully obtained compassionate release for client Yunes Doleh, who was serving a yearlong sentence in federal prison for tax evasion. Gosnell argued that Mr. Doleh was at high risk for serious complications from COVID-19 while in prison and that, as a supermarket owner, Doleh’s role as an essential worker would greatly benefit society if he were released.

Amy Millard and Ramsey Hinkle successfully represented employees and officers of Swiss and Israeli banks in connection with the United States Department of Justice’s ongoing investigations into tax evasion by U.S. persons.

They also successfully represented multiple individuals in investigations by the United States Department of Justice concerning allegations of corruption in connection with international soccer confederations.

In the News

Charles Clayman and Isabelle Kirshner were retained by noted veterinarian Gregory Skelton in a criminal matter currently pending before the United States District Court for the Southern District of New York. Skelton was among a group of 19 individuals charged by the U.S. Department of Justice in an alleged scheme to administer performance-enhancing drugs to racehorses competing worldwide. The case has received widespread media attention and is being closely watched by the international horseracing industry.

Isabelle Kirshner and Tom Rotko have been retained by Yonette Respass to defend her in a federal criminal matter. The government alleges that Respass, who is reported to be the best friend of music superstar Cardi B, committed racketeering offenses as a member of the 59 Brims gang. Respass was indicted along with 17 other defendants as part of a large-scale case brought by the United States Attorney’s Office in the Southern District of New York.

Isabelle Kirshner was honored by the New York Council of Defense Lawyers with the Norman S. Ostrow Award for her outstanding commitment to furthering the goals of criminal justice. The NYCDL is considered one of the most prestigious legal organizations of its kind, supporting and advancing the ideals of criminal defense by enhancing the quality of defense representation, taking positions on important defense issues, fostering understanding and consensus in areas of mutual concern to defense lawyers and prosecutors, and promoting collegiality among lawyers on both sides and the bench.

Kirshner delivered an impactful and memorable acceptance speech at the NYCDL’s annual luncheon.

Charles Clayman was selected to join the board of Gideon’s Promise, a national nonprofit organization focused on transforming the criminal justice system by supporting public defenders serving marginalized communities. Gideon’s vision is to ensure that every person has equal access to zealous, outstanding criminal defense representation necessary to ensure equal justice for all.

As the country confronts its long history of racial and social discrimination, our firm is proud to stand alongside Gideon’s Promise in their efforts to create a more just and equal system of justice

Partner Charles Clayman was selected as a board member of the New York City Department of Youth and Community Development (“DYCD”). Founded over 20 years ago, the DYCD invests in a network of community-based organizations and programs to alleviate the effects of poverty and provide opportunities for New York’s children to flourish. This includes after-school programs, family support services, and youth workforce development. Together with other local leaders, Clayman will provide guidance to the DYCD and assist in fulfilling its broad mission in communities throughout the city.

Isabelle Kirshner was featured in the New York Law Journal, discussing her career as one of the most respected criminal defense attorneys in New York.

Nine Clayman & Rosenberg attorneys have been recognized as Super Lawyers for 2020. Charles Clayman, Seth Rosenberg, Brian Linder, Isabelle Kirshner, Amy Millard, Thomas Rotko, and Ramsey Hinkle were selected in the category of White Collar Criminal Defense. James Valentino and Wayne Gosnell were selected as Rising Stars in the New York Metropolitan Area.

Super Lawyers is a nationally recognized rating service that selects the top 5% of attorneys in each state annually. Lawyers are selected for inclusion as Super Lawyers using a multi-phase selection process that incorporates peer nominations, evaluations, and independent research based on professional accomplishments.

James Valentino was selected as a 2020 Rising Star by the New York Law Journal, which recognizes the region’s most promising lawyers 40 and younger. Winners were judged by an outside panel of experts and include individuals from some of the most prominent and largest law firms in the country. Valentino is the only 2020 NYLJ Rising Star winner practicing at a litigation boutique.

James Valentino has been a partner with the firm since 2018 and maintains a unique and versatile litigation practice. His work includes includes complex, high-stakes criminal and civil matters as well as employment-related issues. He also regularly represents senior-level employees in negotiations regarding terms of employment, compensation, and severance packages.

Criminal justice reform in New York State took a major step forward in January 1, 2020 when significant changes regarding discovery were implemented. Wayne Gosnell shared his thoughts on the new rules, and law enforcement’s campaign to halt them, in a powerful editorial published by the New York Daily News.

Firm Updates

Ramsey Hinkle was named as a partner by the firm in recognition for his remarkable work representing individuals and entities in a wide variety of criminal, civil, regulatory, and administrative matters. His work includes representing clients in cross-border investigations of the manipulation of LIBOR, FX, and ISDAFix rates, as well as cross-border US tax investigations. He defends individuals and entities accused of securities fraud, insurance fraud, healthcare fraud, civil and criminal antitrust violations, and failure to maintain compliance systems.