About Michael M. Rosensaft

Michael Rosensaft is a seasoned federal litigator who brings a wealth of experience and insider knowledge to his clients. Having served as an Assistant United States Attorney (AUSA) with the Southern District of New York, Michael has firsthand trial experience he employs for defending and counseling his clients. His extensive courtroom experience spans both criminal and commercial litigation, making him an ideal choice for clients seeking robust representation.

An insider's approach to white-collar defense

Michael regularly represents individuals, small businesses, banks and hedge funds in handling regulatory request and actions, internal investigations and criminal indictments. Michael puts his efforts into assuring his clients are never charged with wrongdoing, but when his client's cases go to trial, Michael has the courtroom experience to mount a vigorous defense. He handles all aspects of litigation from efforts to resolve any issues prelitigation, discovery and motion practice, trial and, if necessary, appeal.

In recent years, Michael has vacated a 75-count conviction for a client on appeal in the Second Circuit and staved off attacks on his client's privileged communications with his former lawyer in the Third Circuit. Michael manages cases involving white-collar insider trading and fraud, health care fraud, anti-kickback cases, regulatory compliance issues, fraudulent tax shelters, money laundering and insurance fraud. He has conducted internal investigations for clients in multiple industries including health care, investment banking, food services and accounting.

Multifaceted litigator skilled in arbitrations, sanctions and complex commercial litigation

Not only adept at handling criminal cases through trial, Michael possesses significant trial experience as a civil litigator. His familiarity with court proceedings and criminal laws enables him to guide clients on how to avoid litigation altogether. Furthermore, Michael has particular experience with international matters involving sanctions laws, trade compliance, the Foreign Corrupt Practices Act (FCPA) and anti-money laundering. He offers comprehensive compliance advisory services, reviewing clients' disclosures, agreements and training manuals to help them steer clear of legal troubles.

As an AUSA for the Southern District of New York, Michael oversaw the investigation and prosecution of numerous criminal cases involving terrorism, international money laundering, export violations, bribery of foreign officials, RICO violations, bank fraud, wire fraud, health care fraud and computer crimes. He was responsible for all aspects of litigation as a federal prosecutor — from pre-indictment investigation and grand jury practice through discovery, motion practice, trial and appeal.

Throughout his tenure as an AUSA, Michael worked closely with federal investigative and administrative agencies, including the FBI, the IRS and the State Department. He also coordinated federal prosecutions with law enforcement and government officials in other countries, including working with UN and Guatemalan prosecutors in the investigation and indictment of the former president of Guatemala, Alfonso Portillo, for money laundering.

Michael served as law clerk to the Honorable Jane R. Roth of the US Court of Appeals for the Third Circuit.

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Practice Focus

  • White-collar defense and investigations
  • Regulatory investigations and enforcement actions
  • Anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) compliance
  • Corporate internal investigations
  • Insurance and health care fraud litigation
  • Complex civil litigation and business disputes
  • Appellate advocacy

Representative Experience

  • Advised a large company in the energy sector concerning their sanctions and export compliance policies.
  • Represented a technology company in a government investigation concerning sanctions and export compliance.
  • Conducted an internal investigation large manufacturer into allegations of fraud and issues with their classification of exports.
  • Defended a major bank in multiple arbitrations concerning a trading strategy all of which resulted in no awards against the bank.
  • Drafted an amicus brief for the National Association of Criminal Defense lawyers in a wire fraud case.
  • Represent individual accused of market manipulation involving spoofing and coordinated trading.
  • Create AML compliance program for company in the cryptocurrency space.
  • Represent hedge fund manager in connection with insider trading investigation by US Attorney's office and SEC.
  • Internal investigation of major accounting firm amidst financial irregularities.
  • Represented individual before the grand jury and US Court of Appeals for the Third Circuit in a RICO conspiracy charge involving payday lending. The appeal produced a precedential opinion, protecting attorney-client communications from crime-fraud allegations.
  • Multiple representations of companies and individuals in connection with criminal, regulatory and rulemaking actions concerning bitcoin and other virtual currencies.
  • Money laundering investigation of potential foreign purchaser of communications company.
  • Successful representation of individual foreign exchange trader and his company in connection with SEC investigation resulting in no-action letter.
  • Represent owner of pharmaceutical company in criminal FDA matter.
  • Represent loan company in first-ever action brought by state regulator under Dodd Frank's UDAAP provision.
  • Internal investigation of medical manufacturer and supplier concerning the development and testing of medical device.
  • Advise regarding voluntary domestic and foreign tax disclosures by an individual and his investment company.

News

Publications

Quick Reads

Presentations and Events

Practices
Education
  • University of Pennsylvania Law School, JD
  • The Johns Hopkins University, BA
Bar Admissions
  • New York
  • New Jersey
Court Admissions
  • United States Supreme Court
  • US District Court, Southern District of New York
  • US Court of Appeals, Second Circuit
  • US District Court, Eastern District of Michigan
  • US Court of Appeals, Ninth Circuit
  • US District Court, District of New Jersey
  • US District Court, Eastern District of New York
Community Involvements
  • American Bar Association, International Law Section, Committee Leadership Group
  • Federal Bar Council
  • National Association of Criminal Defense Lawyers
Recognitions
Recognized or listed in the following:
  • America's Top 100 Criminal Defense Attorneys
    2020
  • Best Lawyers in America
    Criminal Defense: White-Collar, 2023–2025
  • Empire State Counsel®
    Pro Bono Honoree, 2016
  • Super Lawyers
    New York, 2017–2019
  • The Legal 500 United States
    Recommended Attorney, 2014, 2017
Award Methodologies