Anne E. Railton

Ms. Railton represents companies and individuals at all stages of investigations and litigation, including defending clients in several criminal and civil trials. She recently served as co-lead counsel in a federal criminal trial after which the judge praised “defense counsel’s excellent representation of the defendant throughout the case,” noting that “it’s plain that defense counsel did an extraordinary job, including making a successful motion to suppress, getting the count that the defendant had pleaded guilty to dismissed, and getting additional counts dismissed, either because the government couldn’t pursue them or the jury did not find them to be proven.”

Ms. Railton’s representative matters include:

Individual Representations

• W. Carl Reichel, the former president of pharmaceutical company Warner Chilcott, in defending against criminal anti-kickback allegations brought by the U.S. Attorney’s Office. After a month-long jury trial, Mr. Reichel was acquitted in a widely-reported victory.
• The former CEO of a behavioral healthcare organization in False Claims Act litigation brought by the Commonwealth of Massachusetts and a private relator.
• Multiple individuals in connection with a False Claims Act investigation conducted by the U.S. Attorney’s Office and the New York State Office of the Attorney General, relating to pharmaceutical sales and marketing practices.
• An employee of a leading pharmaceutical design and manufacturing company in connection with a DOJ criminal healthcare fraud investigation.
• Former SAC Capital Advisors portfolio manager Mathew Martoma in defending against criminal and SEC allegations of insider trading. Prosecutors alleged that Mr. Martoma participated in the largest-ever insider trading case, committing securities fraud by trading on shares of two pharmaceutical companies using non-public information, resulting in over $276 million in gains.
• Jon Paul Rorech, a Deutsche Bank trader, in an SEC enforcement action alleging the first-ever insider trading case involving credit default swaps. After a month-long bench trial, the Court dismissed all charges against Mr. Rorech.
• A New York City tax preparer in defending against criminal tax fraud, identity theft, and related charges brought by the U.S. Attorney’s Office, culminating in a three-week jury trial.

Corporate Representations

• A global biotech pharmaceutical company, a member of the Board of Directors, and company employees in an SEC investigation into insider trading in the company’s stock. Obtained termination letters from the SEC recommending no enforcement action.
• A medical services company in connection with a DOJ False Claims Act investigation.
• Two non-profit corporations and several employees and directors in criminal investigations by the U.S. Attorney’s Office and the New York State Office of the Attorney General involving possible corruption by New York State officials in connection with economic development efforts in upstate New York.
• Wegelin & Co., the world’s oldest private Swiss bank, in conducting an internal investigation and defending against criminal tax challenges from the DOJ, IRS and the U.S. Attorney’s Office that the bank assisted U.S. clients in evading their tax obligations.
• An institutional investment manager and adviser focused on real estate in an SEC investigation regarding potential violations of the Investment Advisers Act. Obtained a termination letter from the SEC recommending no enforcement action.
• A mortgage services company in connection with litigation alleging violations of federal anti-kickback laws.
• Advising numerous companies regarding the CARES Act Paycheck Protection Program.
• Investigations on behalf of a major financial institution into potential criminal and regulatory violations.
• An investigation of a healthcare company on behalf of its board.
• An investigation on behalf of an internet services company into potential misuse of data.
• Investigations of potential insider trading concerns on behalf of numerous clients, including publicly-traded companies, venture capital firms, asset managers and non-profit organizations.