Ms. Railton has substantial experience representing companies and individuals in government investigations, prosecutions and enforcement actions, 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 “[i]t’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.”
Examples of Ms. Railton’s representations include:
Individual Representations
- W. Carl Reichel, the former president of 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 connection with pending civil fraud lawsuits brought by the Commonwealth of Massachusetts and a private relator, involving allegations of noncompliance with the federal False Claims Act, its state analogue, and related statutes.
- 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 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.
- Various individuals in investigations conducted by the U.S. Attorney’s Office criminal and civil divisions, including investigations relating to pharmaceutical sales and marketing practices, and drug and device manufacturing processes.
Corporate Representations
- Multiple institutional clients, along with several employees and directors, in connection with 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 a non-public SEC enforcement inquiry regarding potential violations of the Investment Advisers Act. Obtained a termination letter from the SEC recommending no enforcement action.
- Various companies in connection with DOJ and SEC investigations, including private investment fund managers, financial institutions, and technology companies.
Ms. Railton’s practice also frequently involves conducting internal corporate investigations, regulatory compliance counseling and the development and implementation of appropriate policies. She also worked for several years on an independent monitoring team focusing on the domestic ethics program of one of the largest publicly traded companies in the United States.
Ms. Railton served as a Special Assistant District Attorney for the Kings County (Brooklyn) District Attorney’s Office in 2013-2014, where she prosecuted numerous felony cases and conducted several jury trials and evidentiary hearings.
