“White collar” crime, as defined by the FBI, “is now synonymous with the full range of frauds committed by business and government professionals. These crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.”
Examples of white-collar crimes include public corruption, money laundering, corporate fraud, securities and commodities fraud, mortgage fraud, financial institution fraud, bank fraud and embezzlement, fraud against the government, election law violations, mass marketing fraud, and health care fraud.
We follow news stories about such incidents, both to track the reputation impact on the accused and the organizations they work for. Often, Isabelle Kirshner is the name of the defense attorney who has been retained by the accused. A partner at Clayman & Rosenberg LLP in New York, she is widely considered one of the top criminal defense attorneys in the country. She is known for representing not only high-profile VIPs, but a broad range of clients at the forefront of business and finance whose cases never make it to the news, or into the courts.
We checked in with her to gauge the current lay of the land in her specialized area.
Why are you used by so many prominent clients?
I tend to be low-profile about my clients; I don’t go on TV and talk about their cases, especially high-profile ones. That is not in my clients’ best interests. I also have an effective track record in the outcomes of many cases I represent. Often, I represent clients whose cases are unpopular, or whose political and personal views are vastly different from mine.
What are the most common types of cases you are being approached about now?
I have had a huge number of “#MeToo-related engagements. In many cases, these have not become media stories and are unproven allegations of nonconsensual sex or harassment.
The #MeToo movement has addressed a huge, significant history of abuse among the powerful. But there are many gray areas as well.
Yes. In some cases, they are obvious orchestrated shakedowns targeting wealthy, often influential men. There is a huge reputational loss when such allegations are made public. A common example is when a powerful, high net worth leader receives a letter from an attorney representing a much younger woman he has had a relationship with, demanding money and threatening to go public with sexual abuse allegations. In the vast majority of these cases, there have been no previous allegations and no police reports filed.
I think in many cases if the accuser went to trial, the accuser would lose because in these types of allegations —where in my view the point of the exercise is money — there is no history of wrongdoing, no prior complaints and no proof. I’ve had clients who are wealthy, well-known men who agree to mediation just to keep a false allegation out of the media, and I’ve had men who will litigate. This has resulted in a much smaller settlement.
What advice do you have for men who have no history of such behavior and may not think they can be a subject of such allegations?
I would warn them that they are a target who can provide someone with a lifetime income stream. Be very cautious about who you associate with and what you say to them. Don’t use digital communications channels to communicate, especially texts. Know that there are many more plaintiffs’ firms taking on #MeToo cases. Wealthy people are walking targets.
And for younger men?
Be very careful and very aware of what you do when drinking, and what you do and say on social media. Social media has really impacted civil and criminal cases. Everything you say on social media can be used against you.
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Isabelle Kirshner has more than thirty years of experience defending individuals and entities in a wide range of criminal matters. She has represented clients at every stage of criminal proceedings, from the inception of a criminal investigation through indictment and trial. She has successfully represented several individuals in high profile matters, including the former Attorney General of the State of New York.
In 2018, Isabelle was the recipient of Gideon’s Promise Equalizer Award and in 2019, she received the New York State Association of Criminal Defense Lawyers Thurgood Marshall Practitioner of the Year Award. In 2020, she was the recipient of the New York Council of Defense Lawyers Norman Ostrow Award.
She sits on the Peer Review Committee for the Criminal Justice Act and the Criminal Justice Advocacy Board for the United States District Court for the Southern District of New York. She served as a member of District Attorney Cyrus Vance’s transition committee and is a Fellow in the American College of Trial Lawyers.
Related article: The Reputation Risk of Being Male