Mark F. Pomerantz

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Mark F. Pomerantz
Born
Mark Floyd Pomerantz

(1951-05-03) May 3, 1951 (age 70)
Brooklyn, New York, U.S.
NationalityAmerican
EducationHarvard University (BA)
University of Michigan (JD)
OccupationLawyer

Mark Floyd Pomerantz[1] (born May 3, 1951)[2] is an American lawyer. He is a member of the New York law firm Paul, Weiss, Rifkind, Wharton & Garrison, generally referred to as Paul, Weiss. Since February 2021, he has been on leave from that firm so he can assist with the Manhattan District Attorney's investigation into the finances of former president Donald Trump.[3]

Early life and education[]

Pomerantz was born in Brooklyn[2] and received a B.A. from Harvard College in 1972 and a J.D. from the University of Michigan Law School in 1975.[4] He served as editor in chief of the Michigan Law Review and was elected to the Order of the Coif.[5] He served as law clerk to Justice Potter Stewart of the U.S. Supreme Court and Judge Edward Weinfeld of the U.S. District Court for the Southern District of New York.[3]

Career[]

He served as a federal prosecutor in the United States Attorney's Office for the Southern District of New York, eventually leading the appellate unit; he departed in 1982 for private practice. He defended numerous cases involving organized crime; his law partner later estimated that they handled about 25 cases related to organized crime.[3] In one notable case regarding mobster Anthony Indelicato, Pomerantz argued on appeal to the U.S. Court of Appeals for the Second Circuit in 1989 that Indelicato had been involved with a single criminal episode—the simultaneous murder of Carmine Galante and two others in an attack in a Brooklyn restaurant— and thus could not be convicted of a "pattern of racketeering" as required for conviction under the Racketeer Influenced and Corrupt Organizations Act (RICO).[6] The case was reheard en banc (i.e., by all twelve active judges on the appeals court), a rare step, leading to a decision clarifying the meaning of the RICO law.[6][7]

After a stint on the faculty of Columbia Law School, Pomerantz established a small criminal defense law firm, Fischetti, Feigus & Pomerantz, before joining Rogers & Wells.[8] Pomerantz then returned to the U.S. Attorney's Office to head its Criminal Division from 1997 to 1999,[9] serving under U.S. Attorney Mary Jo White.[10] As head of the office's Criminal Division, Pomerantz was involved in many trials, prosecuting mob boss John A. Gotti and many securities fraud defendants.[3] He then joined the Paul, Weiss firm's litigation division[3] as of counsel.[9] He is an expert on white-collar crime.[3] His clients at Paul, Weiss have included U.S. Senator Robert Torricelli of New Jersey, who was accused of campaign finance violations;[3] hedge fund manager Anthony Chiasson;[11][12] Credit Suisse First Boston banker Frank Quattrone;[13][14] Joel L. Blumenfeld, a Queens justice of the New York Supreme Court;[15] ImClone founder and chief executive Samuel D. Waksal;[16][17] and New York Governor David A. Paterson.[18] Pomerantz was the court-appointed receiver tasked with finding the assets of fraudster Marc Dreier; Pomerantz and his team successfully safeguarded over $100 million in assets so that Dreier's victims could be compensated.[19] Like U.S. District Judge Jed Rakoff, Pomerantz has criticized the Federal Sentencing Guidelines as being excessively high.[20]

Pomerantz served for 18 months as chairman of the Mayor's Commission to Combat Police Corruption, an unpaid position.[21] Pomerantz was appointed to the six-member commission by Mayor Michael R. Bloomberg in August 2003.[22] He resigned effective June 1, 2005, citing the time demands of his law practice. Pomerantz announced his resignation shortly after testifying to the New York City Council that the commission's effectiveness was inhibited due to its lack of subpoena power and disputes with New York City Police Department officials, who questioned the commission's jurisdiction to investigate issues such as overtime fraud, sexual misconduct and domestic violence by police officers, and the falsification of crime statistics.[22][21] Pomerantz was mentioned in 2009 as a possible appointee as U.S. Attorney for the Southern District of New York; the job ultimately went to Preet Bharara.[23]

On February 2, 2021, Pomerantz was sworn in as a special assistant district attorney in the office of New York County District Attorney Cyrus Vance Jr., to assist with that office's criminal investigation into the personal and business finances of former president Donald Trump.[24][3] One of his duties is dealing with witnesses; he has reportedly already spoken with former Trump attorney Michael Cohen.[24] His hiring caused speculation that Vance was "ramping up" the grand jury investigation. Later that month, the Supreme Court rejected Trump's last appeal against a subpoena for his financial records;[25] as a result, Trump's tax returns and other documents were released to the DA for use in its investigation, including possible use in obtaining grand jury subpoenas.[26]

In April 2021 the Trump Organization hired attorney Ronald Fischetti, who was Pomerantz's law partner for eight years in the 1980s, to represent the company's interests with regard to Vance's investigation. His close familiarity with Pomerantz, who is working for Vance's office, was regarded as an asset.[27][28]

Pomerantz is a member of the advisory board of the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Law School.[5]

References[]

  1. ^ University of Michigan Law School (Class of 1975) Commencement
  2. ^ a b Hubbell, Martindale (December 1992). Martindale-Hubbell Law Directory: New York (excluding New York City) (Volume 11 - 1992). Martindale-Hubbell. ISBN 9781561600212.
  3. ^ a b c d e f g h Rashbaum, William K.; Protess, Ben; Bromwich, Jonah E. (February 18, 2021). "Manhattan D.A. Recruits Top Prosecutor for Trump Inquiry". The New York Times. Retrieved February 23, 2021.
  4. ^ "Mark F. Pomerantz: Of Counsel (on leave)". Paul, Weiss, Rifkind, Wharton & Garrison. Retrieved February 23, 2021.
  5. ^ a b "Quattrone Center for the Fair Administration of Justice Advisory Board: Mark F. Pomerantz". University of Pennsylvania Carey Law School. Retrieved February 23, 2021.
  6. ^ a b Lubasch, Arnold H. (June 20, 1988). "U.S., in an Unusual Move, Tries to Define Racketeering". The New York Times. Retrieved February 23, 2021.
  7. ^ United States v. Indelicato, 865 F.2d 1370 (2d Cir.1989) (en banc).
  8. ^ William E. Nelson, In Pursuit of Right and Justice: Edward Weinfeld as Lawyer and Judge (New York University Press, 2004), p. 181.
  9. ^ a b Jane Wester, 'Perfect Guy for the Job': Mark Pomerantz Brings Vast Experience, Skill to Manhattan DA's Trump Investigation, Lawyers Say, New York Law Journal (February 23, 2021).
  10. ^ John J. Goldman, U.S. Atty. White's Modesty Belies Her Tenacity, Los Angeles times (February 20, 2001).
  11. ^ Ben Protess & Matthew Goldstein, Appeals Court Deals Setback to Crackdown on Insider Trading (December 10, 2014).
  12. ^ Chad Bray, Fund Manager Chiasson Adds Legal Firepower To Appeal, Wall Street Journal (May 13, 2013).
  13. ^ Quattrone Asks Appeals Court to Reverse His Guilty Verdict, Bloomberg News (June 4, 2005).
  14. ^ Carrie Johnson, Quattrone Asks Court To Toss Conviction, Washington Post (July 13, 2005).
  15. ^ John Eligon, Legal Wrangling Over Defendant Interviews in Queens, New York Times (October 15, 2010).
  16. ^ Larry Neumeister, Judge Threatens to Set Waksal Trial Date, Associated Press (January 6, 2003).
  17. ^ Lauran Neergaard, ImClone CEO: We 'Let Patients Down', Associated Press (June 13, 2002).
  18. ^ Danny Hakim, Paterson's Legal Bills Are Adding Up, New York Times (July 16, 2010).
  19. ^ Benjamin Weiser, Hunting Remnants of a Fraudulent Life of Luxury, New York Times (July 19, 2009).
  20. ^ Rakoff Slams US Sentencing Guidelines For Being Too Harsh, Law360 (May 14, 2012).
  21. ^ a b William K. Rashbaum, Police Corruption Panel Is Losing Its Chairman, New York Times (April 22, 2005).
  22. ^ a b William K. Rashbaum, Panel Wants to Obtain Police Data by Subpoena, New York Times (April 19, 2005).
  23. ^ Benjamin Weiser, Schumer Asks Obama to Name a Top Aide as U.S. Attorney in New York, New York Times (February 11, 2009).
  24. ^ a b Szep, Jason; Eisler, Peter (February 18, 2021). "Trump's former fixer Cohen interviewed by Manhattan DA's office and newly hired litigator". Reuters. Retrieved February 24, 2021.
  25. ^ Huddleston, Tom, Jr. (February 22, 2021). "With the Supreme Court ruling, will the public see Trump's tax returns?". CNBC. Retrieved February 23, 2021.
  26. ^ Manhattan prosecutor gets Trump tax records after long fight, Associated Press (February 25, 2021).
  27. ^ Weber, Peter (April 8, 2021). "The Trump Organization has lawyered up for Manhattan D.A. investigation". Yahoo News. Retrieved May 1, 2021.
  28. ^ Lambe, Jerry (April 8, 2021). "Trump Hires Criminal Defense Attorney Who Previously Partnered With Prosecutor Investigating His Business Dealings". Law and Crime. Retrieved May 1, 2021.
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