Tulsa-based civil and human rights attorney Damario Solomon-Simmons of SolomonSimmonsLaw and Schulte Roth & Zabel LLP (SRZ) have sent a cease-and-desist letter to the 1921 Tulsa Race Massacre Centennial Commission (“Commission”) on behalf of Lessie Benningfield “Mother” Randle.

Solomon-Simmons, SRZ and a team of civil and human rights lawyers represent the only known survivors of the Tulsa Race Massacre, 106-year-old Mother Randle, 106-year-old Viola “Mother” Fletcher and 100-year-old Hughes Van Ellis, who are still awaiting justice for Greenwood nearly a century after the brutal attack. The cease-and-desist letter is the latest legal action to help provide healing and justice to the survivors and descendants of the 1921 Tulsa Race Massacre.

On March 23, 2021, Phil Armstrong, Project Director for the Commission, participated as a panelist for an event entitled “Better Conversations — Reconciliation, Resilience and Public Memory,” hosted by the Oklahoma City National Memorial & Museum. While describing the experience that visitors would have at Greenwood Rising, a history center being built by the Commission, Armstrong expressly referenced Mother Randle, stating “ … she’s affectionately called Mother Randle and she’s what we know as the last known living survivor in Tulsa, and I think there may be another, but unfortunately you know we’re at that point where … I think she’s 106 years old, but we are dedicating much of this work to their lives.”

Mother Randle not only has no association with the Commission, or the Greenwood Rising project, but the Commission expressly refused to meet with Mother Randle and her representatives despite repeated requests to do so. The Commission did not allow Mother Randle (or any living survivor) any input regarding the formation, membership or goals of the Commission when it was founded. The Commission has not discussed with Mother Randle how she feels about the Commission’s narratives that “Greenwood is Rising,” “Tulsa Triumphs” or that “Tulsa is leading America’s journey to racial healing,” while Mother Randle still lives in poverty because of the Massacre and its continued harm. By invoking Mother Randle’s name without her consent and stating that the Greenwood Rising project is “dedicated” to her, the Commission creates the false impression that they support Mother Randle’s quest for justice and that she is a direct beneficiary of the Commission’s work.

“My family and I were shocked to hear that the Commission is ‘dedicating’ much of their work to me since they have refused to meet with me, did not allow me an opportunity to participate in the Commission’s planning, and declined to enter discussions on how, a living survivor of the Massacre, feels about their activities around the Centennial.” Mother Randle said. “However, my family and I still invite the Commission to meet to discuss how the Commission could tangibly support me and the other two known survivors who have waited 100 years for justice.”

On May 31, 1921, one of the worst acts of domestic terrorism in U.S. history completely decimated Tulsa’s thriving, all-Black community of Greenwood. A large white mob, including members of the Tulsa Police Department, the Tulsa Chamber of Commerce, the Tulsa County Sheriff’s Department and the Oklahoma National Guard, as well as other city and county leaders, overwhelmed the approximately 40-square-block community, killing hundreds of Black residents, injuring thousands more, burning down over one thousand homes and businesses and stealing residents’ personal property.

In the litigation related to the Massacre, an amended petition filed in February 2021 seeks to abate the public nuisance of racial disparities, economic inequalities, insecurity and trauma that the City of Tulsa’s unlawful actions and omissions caused and continue to cause, and aims to return the Greenwood District, once known as Black Wall Street, back to the prosperous area it was prior to the devastating events of May 1921. In May 2020, Human Rights Watch published a groundbreaking report documenting the impact of the Tulsa Race Massacre and the systemic racism that followed, and called for reparations. Today, this area still remains poorer and in worse health than the rest of the city. SolomonSimmons Law, in conjunction with Schulte Roth & Zabel LLP; J. Spencer Bryan and Steven Terrill of BryanTerrill, P.C.; Professor Eric Miller of Loyola Marymount College of Law; and Maynard M. Henry, Sr., Lashandra Peoples-Johnson and Cordal Cephas of Johnson Cephas Law PLLC, are working to not only secure justice for survivors and descendants of the massacre, but also to raise attention to the 100 years of continued harm the Tulsa Race Massacre has caused Black Tulsans.

Schulte Roth & Zabel (SRZ) is pleased to announce the election of Kelly Koscuiszka, Lawrence Natke and Lee Smith as partners and the promotion of Amy MacDonagh to special counsel. Ms. Koscuiszka and Mr. Natke are resident in the firm’s New York office and Mr. Smith and Ms. MacDonagh are resident in the firm’s London office.

“We are delighted to recognize these highly skilled practitioners who have distinguished themselves as market leaders,” said David Efron, SRZ co-managing partner and co-head of the Investment Management Group. “These exceptional lawyers truly are trusted advisers, and we look forward to continuing to work with them as they take on these new roles,” commented Marc Elovitz, SRZ co-managing partner and chair of the Investment Management Regulatory & Compliance Group.

“Our London office continues to grow as the premiere private investment funds practice in the U.K., and we are pleased to recognize Lee and Amy’s significant contributions to the firm and the industry as a whole,” said Josh Dambacher. “They are well versed in the complex issues surrounding the alternative investment management industry, and have shown a dedication to providing exceptional service to our global client base,” commented Christopher Hilditch. Mr. Dambacher and Mr. Hilditch serve as co-heads of Schulte Roth & Zabel’s London office.

Partners

Kelly Koscuiszka advises private funds on regulatory and compliance matters, with a particular focus on the Investment Advisers Act of 1940, and works closely with clients undergoing SEC examinations. Ms. Koscuiszka also advises clients on privacy and data security as well as the challenges presented by new technologies and alternative data. She regularly leads training sessions for clients, including on topics such as alternative data, insider trading and best practices for electronic communications and technology usage. When necessary, she represents clients in regulatory investigations and enforcement actions by the SEC, DOJ and FINRA as well as in complex civil litigation matters. Ms. Koscuiszka received her J.D. from Georgetown University Law Center and her B.A. from Rutgers University.

Lawrence P. Natke practices primarily in the areas of mergers and acquisitions, alternative asset management transactional matters, leveraged buyouts and general corporate law matters. His experience includes transactions across multiple industries, including structuring control and non-control investments in alternative asset managers, joint ventures, spin outs and representing private equity buyers and sellers connection with investments in the financial services sectors. Mr. Natke received his J.D. from Georgetown University Law Center and his B.A. from the College of William & Mary.

Lee Smith focuses his practice on alternative investment management firms and their funds. He advises on the structuring and operations of asset management businesses, with a particular focus on hedge funds, hybrid funds, funds of funds and co-investment funds. In addition, he regularly advises on the negotiation of seed transactions, strategic investments, side letters and managed account mandates.  He also advises on general corporate, regulatory and compliance matters. Mr. Smith received his LPC from BPP Law School and his LLB from London School of Economics.

Special Counsel

Amy MacDonagh focuses her practice on the establishment and management of hedge funds and private funds, and the representation of investment managers in connection with their structuring, restructuring and ongoing operational needs. Her experience includes the structuring and negotiation of managed accounts and strategic seed investments, co-investment vehicles and “funds of one.” She advises managers and funds across a number of jurisdictions, including the Cayman Islands and Ireland. She also provides advice on various regulatory and compliance matters. Ms. MacDonagh received her Bachelor of Civil Law, with honours, from University College Dublin.

Schulte represented Cerberus Capital Management L.P. in raising approximately $2.8 billion for Cerberus Institutional Real Estate Partners V L.P. (CIREP V), the private investment firm’s flagship global opportunistic real estate strategy. CIREP V closed with more than $2.5 billion in commitments with an additional $300 million committed to a dedicated investor fund for the strategy, far surpassing its initial fundraising target of $2 billion. The strategy will leverage Cerberus’ integrated investment platform and proprietary operating expertise to invest in direct assets, real estate companies, entities with significant real estate exposure and real estate-related debt, including non-performing loan portfolios.

Cerberus’ real estate platform manages approximately $26 billion of real-estate related assets and is a leading investor in real estate and real-estate related assets. Among many other matters, Schulte also represented Cerberus in raising $5.1 billion for Cerberus Global NPL Fund, their first global fund dedicated to non-performing loans.

The Schulte team advising Cerberus was led by investment management partners Jason Kaplan and Peter Naismith and tax partners Alan Waldenberg and David Wermuth. The team also included investment management associates Jennifer Carl Brickfield, Janice Kim, Blake Purdy and David Weintraub; tax associate Hannah Wells; and former Schulte lawyers  Nicole Cappiello and Talia Jaffe.