Three of Selendy & Gay’s partners—Christine Chung, Faith Gay, and Jordan Goldstein—are former high-ranking federal prosecutors in the U.S. Attorney’s Offices in Manhattan and Brooklyn and at the U.S. Department of Justice. At their former firm, these partners were members of the “White Collar Practice Group of the Year,” as named by Law360.
As defense counsel, we have had dramatic courtroom and negotiation successes that have helped Fortune 500 companies fend off criminal and regulatory actions that threatened the viability of their businesses or business lines. We have counseled and represented Boards and Special Committees on thorny governance and compliance matters. We have successfully represented individuals in high-profile cases where prosecutors have aggressively interpreted their mandate or the statutes they enforce.
Today’s prosecutions and regulatory actions are often multi-headed hydras that force clients to face simultaneous scrutiny from more than one source. A criminal matter may have criminal and civil aspects, multiple agencies may investigate at once, or cross-border conduct may attract the attention of prosecutors and regulators in more than one jurisdiction. We are proficient in all these scenarios and have the skills they demand: rapid response, crisis management within the company and in the public eye, and the ability to strategize in multiple dimensions. We also well understand our clients’ strong view that a cure worse than the ailment is no cure at all. Our objective is an effective, efficient, and credible defense that does not itself disable our client or client operations.
Central to our success in the white-collar area is our willingness to take cases to trial, if necessary. Prosecutors and regulators, no less than other adversaries, take into account courtroom risk when they approach their cases and potential resolutions. We have defended actions and investigations brought under the securities fraud and insider trading laws, the Foreign Corrupt Practices Act (“FCPA”), the False Claims Act and Anti-Kickback Statute, anti-money laundering statutes, trade regulations and sanctions (including the Iranian Transactions and Sanctions Regulations), health care fraud and tax laws—and more.
We have defended litigations, investigations, and appeals brought by the DOJ, the SEC, the Commodities Futures Trading Commission (“CFTC”), the U.S. Department of the Treasury and its Office of Foreign Assets Control (“OFAC”), the IRS, the Financial Industry Regulatory Authority (“FINRA”), and a number of state Attorneys General. We interact frequently with the DOJ, the U.S. Attorney’s Offices in New York, the New York State Attorney General’s Office, the New York Department of Financial Services, and the Manhattan District Attorney’s Office, among other prosecutors and agencies.
Our partners have handled a wide range of white-collar litigations and investigations on behalf of companies and individuals:
- Fortune 500 companies, in securities fraud investigations, including in matters adverse to the SEC and in cross-border investigations.
- Various gaming companies, in investigations by regulators and in anti-money laundering and FCPA matters.
- The Alexander Dawson Foundation, an educational charity for young children, in a suit against North Hills Management alleging the creation of a Ponzi scheme. The DOJ and CFTC subsequently asserted parallel actions, and the principal was incarcerated and defaulted in the civil suit.
- A pharmaceutical/life sciences company in a price fixing investigation on allegations of collusion with competitors.
- A financial services company in an SEC investigation regarding corporate governance and adequate controls in a cyber hacking case that exposed customer data. The case also involved possible investor disclosure violations.
- Two of the largest unions in the U.S. in successfully resolving without charges allegations of campaign violations in connection with various political races.
- A worldwide management consulting firm, defending civil RICO suit filed in the Southern District of New York alleging bankruptcy fraud predicates.
- Reza Zarrab, a Turkish gold trader accused of money laundering and violating the Iran Trade Regulations, as a member of what the New York Times called a “Dream Team” of white-collar defense lawyers.
- Mahmoud Reza Banki, who was accused of violating the Iran Trade Regulations and operating an illegal money transmitting business in the Second Circuit Court of Appeals. We obtained an extremely rare reversal of a criminal conviction in the Southern District of New York.
- Yani Benjamin Rosenthal Hidalgo, a prominent Honduran businessman and politician who faced a money laundering charge and sanctions imposed by the Office of Foreign Assets Control (“OFAC”) under the Foreign Narcotics Kingpin Designation Act.
- Shiwei (Sheri) Yan, a Chinese-American business woman charged in the Southern District of New York with bribing John Ashe, a former President of the U.N. General Assembly.
- Raj Rajaratnam, the former Galleon hedge fund manager, seeking post-conviction relief, based on the Second Circuit’s rulings altering the definition of insider trading.
- Luis Diaz, Jr., an owner of a Florida equipment exporting company, charged with laundering over $100 million.
- The boards of a prominent New York City synagogue and Jewish school in the investigation of Ezra Merkin and the Gabriel feeder fund, resulting in revamp of corporate governance of the school board. Merkin was head of the school’s investment committee and failed to disclose Gabriel as a feeder fund to Madoff.