Background & Experience

Brian D. Linder has over thirty years experience representing individuals and corporations in a wide variety of complex criminal and civil matters at both the trial and appellate level. His criminal practice includes the representation of individuals and small businesses in New York State and federal courts throughout the country in matters such as criminal tax fraud, securities fraud, commercial bribery, bank fraud, immigration fraud and money laundering. He has also conducted corporate internal investigations and advised individuals involved in them. Brian’s civil practice includes the representation of corporations in the investigation and prosecution of civil RICO and fraud claims and individuals in a broad range of commercial disputes. He was a staff attorney at the Criminal Appeals Bureau of The Legal Aid Society before joining Clayman & Rosenberg LLP in 1985. He has been a partner at the firm since 1992 and presently serves as the firm’s managing partner.

Recent representative matters include:

-- Represented at trial in the United States District Court for the Southern District of New York an attorney from a major law firm charged with orchestrating what the government claimed was the largest tax shelter fraud in U.S. history.

--- Represented at trial a construction company owner charged with commercial bribery in the United States District Court for the Southern District of New York.

-- Successfully represented a senior tax professional at a Big Four accounting firm charged with participating in a scheme to defraud the IRS in connection with the marketing of tax shelters to the firm’s clients.

-- Persuaded the N.Y. State Attorney General’s Office to dismiss a seventy count indictment against an attorney accused of defrauding the New York State Workers Compensation Board.

-- Represented numerous small businesses and their owners in criminal tax investigations conducted by the N.Y. State Department of Taxation and Finance and the New York City Department of Finance.

-- Appealed to the Appellate Division, First Department and N.Y. Court of Appeals tax assessments imposed on an international banking corporation by the City of New York.

-- Represented the Chief Technology Officer of a venture capital firm in criminal tax investigation conducted by the Manhattan District Attorney’s Office and the Internal Revenue Service.

-- Represented individuals in FBAR/criminal tax investigations relating to foreign bank accounts.

-- Persuaded the N.Y. State Department of Taxation and Finance to decline reference to criminal authorities of an investigation of an attorney for failure to file income tax returns.

Highlights

Brian has lectured on federal and state criminal practice in CLE courses for the New York State Bar Association and served as a faculty member of the Intensive Trial Advocacy Program at the Benjamin N. Cardozo School of Law. Brian was selected as a “Super Lawyer” in the New York City Metro area.

Brian is a member of the American Bar Association, the New York Council of Defense Lawyers and the New York City Bar Association, where he serves on the Personal Income Tax Committee and formerly served as Secretary of the Criminal Advocacy Committee.

Education

Brian is a graduate of Cornell University and the George Washington University Law School.

Admissions

Brian is admitted in New York and the United States District Courts for the Southern and Eastern Districts of New York, New Jersey and Connecticut, the United States Courts of Appeals for the Second and Third Circuits and the Supreme Court of the United States.