Education
University of Pennsylvania Law School
Union College
Admissions
State Bar of New York
U.S. District Courts:
Southern District of New York
Eastern District of New York
Biography
Thomas C. Rotko is the managing partner of Clayman Rosenberg Kirshner & Linder LLP and practices in the areas of criminal defense and regulatory investigations. He represents individuals and entities in investigations and prosecutions conducted by federal and state prosecutors, as well as in matters before the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, the New York City Department of Investigation, and other regulatory agencies.
Tom’s matters have involved allegations of mortgage fraud, tax fraud, telemarketing fraud, government corruption, securities fraud, insider trading, bank fraud, health care fraud, violations of OFAC and the Foreign Corrupt Practices Act, environmental crimes, and antitrust violations. He also conducts internal investigations and represents individuals involved in them.
In addition to his white-collar defense work, Tom is routinely called upon to defend individuals accused of serious criminal offenses by state and local prosecutors. Recent matters have involved allegations of sexual assault, domestic violence, animal abuse, perjury, grand larceny, forgery, identity theft, assault, and narcotics trafficking.
Before joining Clayman Rosenberg Kirshner & Linder LLP, Tom served as an Assistant District Attorney in the Manhattan District Attorney’s Office. He was initially assigned to the Trial Division, where he handled hundreds of felony cases ranging from violent crime to fraud. Tom also was a member of the District Attorney’s Office’s Official Corruption Unit, where he investigated and prosecuted public-integrity cases involving police and government corruption, including bribe receiving, extortion, official misconduct, police brutality, perjury, and insurance fraud.
Representative Matters
Representative Matters
- Obtained acquittal on all counts after a six-month jury trial for the former manager of a community bank charged with mortgage fraud and grand larceny.
- Represented executives of an advertising agency in a federal antitrust investigation into alleged bid-rigging in the commercial-production industry.
- Represented an individual in connection with a multi-agency investigation into Fyre Media and Fyre Festival.
- Conducted an internal investigation of a high-profile multinational organization in connection with a criminal investigation by the New York County District Attorney’s Office.
- Represented employees of a Long Island municipality in connection with lengthy federal investigations into government misconduct.
- Represented a law firm in connection with a federal investigation of the advertising industry.
- Represented a New York City Department of Environmental Protection employee in connection with an allegation of contracting fraud.
- Represented a corporation targeted by the New York Attorney General in False Claims Act investigations.
- Persuaded the New York County District Attorney’s Office to decline to prosecute numerous individuals accused of sexual assault and related offenses.
- Represented an individual in a jury-tampering investigation by the New York County District Attorney’s Office.
- Persuaded the New York City Office of Special Narcotics not to pursue charges against a nurse accused of unlawful procurement and distribution of opioids.
- Obtained a misdemeanor disposition for an Australian rugby player accused of burglary and felony assault.
- Persuaded the Nassau County District Attorney’s Office to decline to prosecute a teacher accused of unlawfully re-grading Regents exams.
- Represented financial advisors investigated by the U.S. Department of Justice and the Securities and Exchange Commission for alleged insider trading.
- Represented executives at several foreign financial institutions in connection with federal and state investigations into benchmark-rate manipulation.
- Obtained a misdemeanor disposition for a doctor accused of insurance fraud involving several hundred thousand dollars in claims.
- Represented executives at several foreign financial institutions in connection with federal and state sanctions and OFAC investigations.
- Represented an executive at a foreign financial institution in a CDO investigation arising from the 2008 financial crisis.
- Represented an electronics distributor accused by the New York County District Attorney’s Office of procurement fraud.
- Represented a NYMEX oil trader in a multi-agency investigation involving allegations of front running.
- Represented a former trader at a major financial institution in a $100 million fraud case brought by the U.S. Attorney’s Office and the Commodity Futures Trading Commission.
- Represented the CEO of a debt-collection company in a federal case brought by the U.S. Attorney’s Office for the District of Connecticut.
- Obtained a misdemeanor disposition for a roofing contractor accused of failing to pay prevailing wages.
- Represented individuals in FBAR and criminal tax investigations relating to foreign bank accounts.
- Represented an individual accused by the U.S. Attorney’s Office of reselling computer goods on the “gray market.”
Highlights
- Managing Partner of Clayman Rosenberg Kirshner & Linder LLP, effective January 1, 2026.
- Named by Forbes Advisor to its list of Best Criminal Defense Lawyers in New York City for 2024.
- Selected to New York Metro Super Lawyers in White Collar Crimes/Criminal Defense each year from 2013 through 2026.
- Member of the New York Council of Defense Lawyers, the American Bar Association, the New York State Bar Association, the New York State Association of Criminal Defense Lawyers, and the Association of the Bar of the City of New York, where he previously served on the Criminal Advocacy Committee and the Criminal Courts Committee.
- Sits on the Advisory Board of the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Law School, a national research and policy hub created to catalyze long-term structural improvements to the U.S. criminal justice system.