LAWFUEL – The Legal Newswire – NEW YORK — January 8, 2008 — Schulte Roth & Zabel LLP is pleased to announce the election of Dominique Padilla Gallego, Laurence M. Moss, Omozuwa O. Osayimwese, John M. Pollack and Joseph P. Vitale as partners. The firm also announces the promotion of 13 associates to special counsel.

“We are very proud to recognize each of these individuals for their significant achievements, dedication to our clients and contributions to the firm,” said Alan Waldenberg, a member of the firm’s executive committee. “Each has amassed an impressive depth of knowledge and experience in his or her practice area, greatly enhancing the value of the legal services we provide.”

PARTNERS

Dominique Padilla Gallego, a partner in the tax group, focuses on U.S. federal income tax matters related to structured finance transactions, financial products and investment funds. She received her LL.M. in International Taxation from New York University School of Law; her J.D., cum laude and valedictorian, from Ateneo de Manila University in Manila, Philippines; and her undergraduate degree, summa cum laude, from De La Salle University in Manila, Philippines. Ms. Gallego is a recipient of the AT&T Asia Pacific Leadership Award.

Laurence M. Moss, a partner in the employment and employee benefits group, focuses on executive compensation and employee benefits aspects of mergers and acquisitions, with an emphasis on leveraged-buyout transactions. He regularly counsels companies on the design and implementation of employment and separation arrangements, equity-based compensation and non-qualified retirement programs. After obtaining an undergraduate degree in accounting from Bucknell University, Mr. Moss received a J.D. from Brooklyn Law School and an LL.M. in Taxation from New York University School of Law.

Omozuwa O. Osayimwese, a partner in the investment management group, focuses his practice on the representation of sponsors and investors in the formation and structuring of hedge funds and private equity funds, including real estate, buyout, distressed-debt and activist funds, and the negotiation of seed capital and joint venture arrangements for alternative asset management businesses. Mr. Osayimwese also advises sponsors in the structuring of complex carry sharing arrangements among the principals and employees of private equity firms. He received his B.A., with highest honors, from Michigan State University and his J.D. from University of Michigan Law School.

John M. Pollack, a partner in the business transactions group, focuses his practice in the areas of private equity, mergers & acquisitions, leveraged buyouts, and general corporate and securities matters. After receiving his B.A., magna cum laude, from George Washington University, he obtained his, J.D., magna cum laude, from George Washington Law School, where he received an award for Highest Overall Proficiency in Securities Law.

Joseph P. Vitale, a partner in the bank regulatory group, represents financial institutions and money service businesses with respect to chartering; regulatory compliance; financial transactions; mergers, acquisitions and reorganizations; responses to formal and informal regulatory actions; litigations and claims; and legislative and regulatory developments. Mr. Vitale also advises entities, including private investment funds, seeking to acquire banks or other licensed financial or money service providers. He received his A.B. in political science from the College of the Holy Cross and his J.D. from Georgetown University Law Center.

SPECIAL COUNSEL

Yehuda M. Braunstein, a special counsel in the investment management group, focuses his practice on the formation of hedge funds, private equity funds, real estate funds, funds of funds, hybrid funds and management companies; the negotiation of seed investor arrangements; and compliance and trading matters. He received his B.S. degree, summa cum laude, from Touro College, and his J.D., magna cum laude, from Fordham University School of Law.

Stacy J. Cooper, a special counsel in the business transactions group, counsels private equity and hedge fund clients on multinational transactions, with special emphasis on international mergers and acquisitions. She holds B.A./B.S. degrees from the University of Pennsylvania/Wharton School of Business, and a J.D. from Columbia University School of Law.

Brett S. Director, a special counsel in the business transactions group, focuses on private placements in public and private companies, including PIPEs, SPACs, reverse merger transactions, equity lines, convertible securities and Reg D, Reg S and Rule 144A offerings. He also advises clients on regulatory, capital markets and mergers and acquisitions matters. Mr. Director obtained his B.A. from Franklin & Marshall College and his J.D., cum laude, from Syracuse University College of Law. Mr. Director is also a Certified Public Accountant.

Nicholas Fagge, a special counsel in the tax group working out of the London office, focuses his practice on U.K. tax issues relating to the formation and operation of offshore investment funds and their management groups, with a particular emphasis on partnership taxation. Mr. Fagge holds a B.A. from Corpus Christi College, Oxford University, and is qualified as a solicitor and admitted to the Supreme Court of England and Wales.

David S. Griffel, a special counsel in the tax group, focuses his practice on tax issues relating to the formation and operation of onshore and offshore investment funds and their investment managers; tax considerations related to employee and executive compensation, including deferred compensation programs; and partnership taxation. Mr. Griffel received his A.B., cum laude, from Harvard College and was awarded a J.D., magna cum laude, and LL.M. in Taxation from the New York University School of Law.

Marnie S. Grossman, a special counsel in the individual client services group, concentrates her practice in the areas of estate planning and the administration of trusts and estates, and in the creation, administration and taxation of charitable organizations. She obtained her B.A., summa cum laude, from Duke University and her J.D., cum laude, from Harvard Law School.

Gregory A. Kasper, a special counsel in the litigation group, focuses his practice on complex commercial litigation, securities, (including Securities and Exchange Commission investigations and enforcement actions), corporate governance, accountant’s liability and a broad range of commercial disputes. Mr. Kasper has a B.A. in political science from Northwestern University and a J.D., cum laude, from Georgetown University Law Center.

Helen Lloyd-Davies, a special counsel in the finance group, focuses her practice in the area of corporate and commercial finance transactions, including lender and borrower side syndicated credit facilities, asset-based and working-capital financings, term B financings, second-lien and first-out/last-out financings, debtor-in-possession financings, acquisition and leveraged-buyout financings, Islamic-compliant financing transactions, private placements and public offerings of debt securities, and restructurings. After receiving her LL.B. degree from Staffordshire University, she worked as a solicitor in England before joining Schulte Roth & Zabel and becoming a member of the New York State Bar.

Kimberly M. Monroe, a special counsel in the business transactions group, focuses her practice in the areas of asset management firm acquisitions, joint ventures and investments, including the structuring of minority investments in asset management firms and lift-outs of single strategies, private equity and leveraged-buyout transactions, and mergers and acquisitions. Ms. Monroe earned her B.B.A. from George Washington University and her J.D. from New York University School of Law.

Eric S. Piasta, a special counsel in the business transactions group, focuses his practice on mergers and acquisitions and private equity transactions, including leveraged buyouts, cross-border transactions, carve-out transactions, growth equity transactions, and venture capital financings (early- through late-stage). He also frequently represents private equity sponsors and their portfolio companies in related matters, including follow-on acquisitions, restructurings, securities offerings, and corporate governance matters, and has experience in fund formations and securitizations. He received his A.B., cum laude, from Princeton University and his J.D., cum laude, from Georgetown University Law Center.

Jessica Sklute, a special counsel in the bank regulatory group, advises financial institutions and other clients in matters related to bank regulation and payments law, with particular emphasis on traditional, card-based, Internet-based and emerging payment systems and solutions; money transmission; information privacy and data security; card services; strategic alliances and relationships; regulatory compliance related to mergers and acquisitions; and general regulatory compliance. After obtaining a B.A. in English and political science from Bucknell University, Ms. Sklute received her J.D. from University of Pennsylvania Law School.

Lynn S. Tanner, a special counsel in the finance group, represents lenders, borrowers and equity sponsors in a wide range of domestic and international financing transactions, including asset-based and cash-flow facilities; acquisition and leveraged finance facilities; high-yield debt offerings; working capital facilities; debtor-in-possession and exit facilities; bridge and take-out facilities; first- and second-lien, tranche B, and subordinated-debt facilities; and workouts and restructurings. She also advises clients in connection with a variety of securities credit regulation matters. Ms. Tanner has a B.A. from Rutgers College and a J.D. from New York University School of Law.

Kerrie A. Walsh, a special counsel in the investment management group who works out of the London office, focuses her practice on the U.S. and U.K. financial services laws and regulations affecting investment managers and investment funds, including the formation of hedge funds, funds of funds, hybrid funds, activist funds and management companies. She has a B.S. in business administration from San Francisco State University and a J.D., cum laude, from University of San Francisco School of Law. Prior to entering the practice of law, she was a Certified Public Accountant. She is qualified as a solicitor in the UK and is admitted to the Supreme Court of England and Wales and a member of the State Bar of California.

Schulte Roth & Zabel LLP (www.srz.com), with more than 450 attorneys in New York and London, offers legal counsel in investment management, business transactions, finance, real estate, structured products, business reorganization, litigation, bank regulatory, intellectual property, employment and employee benefits, tax, environmental law, insurance and individual client services.

LAWFUEL – The Legal Newswire – United States Attorney Robert E. O’Neill announced today the sentence of James Gahan, age 41, formerly of Lady Lake, Florida. Mr. Gahan previously pled guilty to distribution of the anabolic steroid testosterone, to his minor son. On January 7, 2008, the
Honorable Judge James D. Whittemore sentenced Mr. Gahan to a term of 72 months imprisonment, and a term of supervised release of 3 years, which specifically includes 500 hours of community service, 100 of which Mr. Gahan is required to devote to informing the public of his experience with steroids, and the dangers associated with steroids.
According to the plea agreement, in 2002, the defendant’s minor son, age 13, (“the minor”) was competing as an amateur in-line roller skater in competitions organized by USA Roller Sports (“USARS”) and other organizations. The minor competed in races throughout the United States, as well as in international races. In April 2002, the defendant employed Phillip C. Pavicic to train his son. During this time period, Pavicic,
owned and operated Polo Health and Fitness Inc., doing business as, World Gym, in Ocala, Florida. The defendant discussed with Pavicic the competitive advantages of performance enhancement drugs. The defendant specifically discussed with Pavicic about starting the minor on a testosterone cycle to assist the minor in gaining a competitive
advantage. Before his relationship with the defendant and the minor, Pavicic had been obtaining, amongst other substances, the anabolic steroid testosterone from John Todd Miller (“Miller”). Miller operated a “store front” business in the Tampa Bay area known as either the “Pasco Medical Center,” or the “Physicians Wellness Institute,” which operated with the primary purpose of illegally distributing steroids and other substances. Miller charged normally between $300 and $2,800 for a steroid cycle. In April 2002, Pavicic traveled with the minor to meet Miller, and to discuss putting the minor on a testosterone
cycle. Miller ordered a blood test on the minor. The results of the blood work showed that the minor was already taking some type of synthetic testosterone because the minor’s testosterone levels were exceedingly high. Miller discussed with the defendant and Pavicic that the minor should not receive any further steroids until the levels were brought back to a normal range. Soon after, the minor’s testosterone level dropped to a normal range, Miller began the minor on a steroid cycle, specifically providing the minor with Testosterone
Cypinate. During the summer of 2002, Pavicic trained the minor and assisted the minor in obtaining steroids from Miller. However, in August 2002, Pavicic and the defendant severed their relationship based upon reasons not related to the training of the minor.
After Pavicic was no longer involved with the minor’s training, the defendant began taking the minor to Miller to obtain steroids. Additionally, the defendant himself began receiving steroids from Miller for his own use. From approximately August, 2002, until March, 2003,
the defendant received steroids for himself and for the minor by either coming to Miller’s storefront in Tampa Bay and allowing Miller to inject the minor and the defendant, or by receiving the steroids through the mail with instructions on how to inject the steroids.
In April, 2003, the defendant severed his relationship and the minor’s relationship with Miller. Specifically, the defendant and Miller entered into a business venture together which failed and resulted in personal animosity. As a result of the severed relationship, the
defendant reported to law enforcement that Miller was operating a storefront to illegally distribute steroids, and that Miller and Pavicic had distributed steroids to the minor without the defendant’s knowledge. The defendant lied to law enforcement about his participation
in the distribution of steroids to the minor. Specifically, the defendant advised law enforcement that he believed Miller to be a legitimate doctor who specialized in treating athletes, based upon the fact that almost every time that he was in Miller’s storefront he
observed numerous professional wrestlers, law enforcement officers, and other individuals in the storefront for treatment. The defendant stated that as soon as he found out that Miller was giving the minor steroids he reported it to law enforcement. As a result of the
defendant’s information, Miller and Pavicic were arrested and prosecuted for their involvement in the distribution of steroids to the minor as well as to other individuals.
Soon after reporting Miller and Pavicic to law enforcement, and assisting in Miller and Pavicic’s prosecutions, the defendant located another source for performance enhancement drugs for the minor and himself. Specifically, in approximately December,
2004, the defendant began obtaining performance enhancement drugs from a doctor located in DeLand, Florida. The defendant obtained the anabolic steroid, Testosterone Cypinate, and Somatropin, which is a human growth hormone from the DeLand doctor through prescriptions in the defendant’s name. The defendant utilized Signature Pharmacy
in Orlando, Florida to fulfill the prescriptions. From approximately, December, 2004 until March, 2007, the defendant was obtaining Testosterone Cypinate, Somatropin, as well as
other substances based upon prescriptions filled at Signature Pharmacy.
The defendant provided some of the Testosterone Cypinate, Somatropin, or other substances obtained by prescription from Signature Pharmacy to the minor. During one period of time the minor was living and training in North Carolina, and as such the defendant at times would fulfill the prescriptions in Orlando, Florida, and then mail the
Testosterone Cypinate, Somatropin, or other substances to the minor in North Carolina.
The defendant continued to provide anabolic steroids and other performance enhancement drugs to the minor until at least August, 2005, during which time period the minor was confronted by the United States Anti-Doping Agency (“USADA”) for his synthetic
testosterone use based upon positive tests. Specifically, the minor was competing in a USARS event to qualify for the junior national team to represent the United States in an international competition to be held in China. The minor was tested four times, and three tests came back positive for the use of synthetic testosterone. Soon after, the minor’s
positive tests by USADA, law enforcement interviewed the minor, who eventually and reluctantly admitted that he was using the anabolic steroid testosterone, the human growth hormone, Somatropin, as well as other substances, and that it was the defendant who was
obtaining the substances and providing them to the minor. Further, the minor admitted that when he first began training with Pavicic and obtaining testosterone from Miller, the defendant was fully involved in the distribution of the steroids to the minor. Specifically,
the minor stated that the defendant knew, and was involved from the very beginning when the minor first began using steroids. The minor acknowledged that after Pavicic stopped training the minor, the minor would go with the defendant to Miller’s storefront so that the
defendant and the minor could obtain testosterone together. The minor stated that when the defendant reported Miller and Pavicic to law enforcement, the minor lied about the defendant’s knowledge and involvement because the minor never wanted the defendant
to get into trouble.
Travis Tygart, the Chief Executive Officer of the United States Anti-Doping Agency
added that “This is a landmark case demonstrating that the abuse of performance enhancement drugs extends well beyond the major sports in America, and involves all ages of athletes. This is also another case demonstrating that the problem of doping in sports does not just involve the athletes themselves. USADA strongly believes that coaches, trainers, family members, or any other support personal involved in the doping
problem in sports should also be held accountable for their actions.”
This case was investigated by the Drug Enforcement Administration, and the Hillsborough County Sheriff’s Office. This case was prosecuted by Assistant United States Attorney Anthony Porcelli.