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:

Corporate Representations

• A global financial institution in an internal investigation regarding potential conflict of interest and bribery issues and related inquiries from various criminal and civil regulatory agencies.
• A medical services company in connection with a DOJ False Claims Act investigation.
• An institutional investment manager and advisor in an SEC investigation regarding potential conflict of interest and fiduciary duty issues. Resolved the matter favorably with the SEC issuing a termination notice and declining to bring an enforcement action.
• 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 US Attorney’s Office that the bank assisted US clients in evading their tax obligations.
• A global public pharmaceutical company, along with several officers, directors and employees, in an SEC investigation into potential insider trading. Resolved the matter favorably with the SEC issuing termination notices and declining to bring an enforcement action.
• Multiple institutional clients, along with several directors and employees, in criminal investigations by the US Attorney’s Office and the New York State Attorney General’s Office involving possible corruption by New York State officials in economic development efforts in upstate New York.
• An institutional client in an investigation by the New York State Office of the Inspector General related to potential government contracting fraud.
• The board of directors of a healthcare company in an internal investigation into potential fraud and billing issues.
• A financial institution in defending claims related to its mortgage practices and compliance with federal anti-kickback laws.
• Multiple institutional clients, including financial institutions, venture capital and investment firms, and asset managers in investigations and advice regarding potential insider trading concerns.
• A global technology company in an investigation into potential misuse of data.

Individual Representations

• W. Carl Reichel, the former president of pharmaceutical company Warner Chilcott, in defending against criminal anti-kickback allegations brought by the US 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 Massachusetts Attorney General’s Office and a private relator.
• Multiple individuals in connection with a False Claims Act investigation conducted by the US Attorney’s Office and the New York State Attorney General’s Office, relating to pharmaceutical sales and marketing practices.
• Former SAC Capital Advisors portfolio manager Mathew Martoma in defending against criminal and SEC allegations of insider trading. 
• Deutsche Bank trader Jon Paul Rorech 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 US Attorney’s Office, culminating in a three-week jury trial.
• Individuals under investigation by various criminal and civil regulatory agencies including the DOJ, SEC and FINRA, concerning allegations of securities fraud, market manipulation, insider trading and money laundering.

Ms. Railton also provides regulatory compliance counseling and advises companies on the development and implementation of appropriate risk management policies and procedures, including with respect to the False Claims Act and healthcare compliance and reporting obligations. She 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.