Aggravated Manslaughter Case
Aggravated Manslaughter Case that began in 2003 with the death of a juvenile
detainee and our client, who was a nurse at the Juvenile Detention facility
in Miami, being charged with aggravated manslaughter (30 year maximum
sentence), and concluded in June, 2008, with the State dismissing all
charges against our client. In between, the defense of this case took
over 1,000 lawyer hours. Research, both factual and legal, was extensive.
Motions were prepared, filed and argued. Then, the successful effort began
to convince the three prosecutors the charges should be dismissed. This
took dozens of hours of preparation, including the interview of several
experts in three different disciplines (forensics, internal medicine and
nursing). The case began as front page news that was followed by the indictment
of a woman with over a quarter century of nursing experience. It culminated
quietly when the State announced in late June, that it was abandoning
the case against an innocent woman.
Federal Criminal Investigation - Minority Hiring Practices
Federal criminal investigation relating to minority hiring practices of
a multinational corporation. Beginning in July, 2004, and concluding nearly
three (3) years later with the government entering into an agreement with
our client, the company, not being prosecuted, but instead entering into
a Diversion Agreement. This case involved dozens of witnesses, an extensive
internal investigation including review of thousands of records and interviews
of nearly fifty (50) witnesses, three different experts hired and used,
legal and factual research and over seven hundred fifty (750) hours of
representation. The client company successfully completed diversion and
the case was closed.
Possession of Child Pornography
Our client was arrested and charged with one count of possession of child
pornography and twelve (12) counts of promoting the sexual performance
of a child. In one of the strangest cases I have defended, the client
was accused of coaxing his two very young sons to commit allegedly obscene
acts in a bathtub and filming them. The client's defense was that
his sons began acting strange after his estranged wife had them almost
exclusively in her custody and since prior complaints he made against
her by him had been ignored by the authorities, he decided to obtain irrefutable
proof - physical evidence - by videotaping his two sons. The police obtained
the video when our client went to them with his complaint and turned the
video over to them.
Legal research, hiring an expert on sexual disorders, review of numerous
submissions by the client to the Department of Children and Families,
review of several home movies from my client's family, interviews
of several witnesses and several submissions and meetings with the prosecutor
ultimately resulted in a dismissal of all charges.
Failure To File Tax Returns
This case involved our representation of a chiropractor who had gone to
trial with another lawyer and was convicted of three counts of willfully
failing to file tax returns. We were hired to represent him at sentencing.
The federal judge refused to extend the time for sentencing so we were
forced to learn the case, review the trial transcripts and prepare for
a complicated sentencing in less than three (3) months. The actual sentencing
hearing lasted two days. In total, over two hundred fifty (250) hours
were expended in the defense of the case.
First and most importantly, we had to convince our client his defense at
trial - that is, that he had a good faith belief that he did not have
to file tax returns based on a theory well known to tax protestors, was
folly. That took well over a month to accomplish. Thereafter, we convinced
the client to construct a web site on which he debunked the tax protestor
argument and accepted responsibility for his actions. Then we had him
speak at his church to accept responsibility and reject the theory which
he formerly espoused - we had it videotaped and played it at the sentencing
and, along with preparing and filing a lengthy sentencing submission,
prepared several witnesses, including an expert who proved the inaccuracy
of the testimony of the Internal Revenue Service agent. The government
sought 3 years in prison, the sentencing guidelines recommended two years
in prison, but the judge sentenced the client to 11 months. Further, the
judge granted our request, over the government's objection, to recommend
to the Board of Chiropractic that our client's license not be suspended
2nd Degree Felony - Consensual Sexual Relationship
A case where a consensual sexual relationship was charged as a second degree
felony - maximum penalty 15 years in prison and designation as a sexual
predator (this charge was formerly known as statutory rape) because our
client was 24 years old and the young woman was 16 at the time of the
liaison. After depositions, which were exceedingly difficult and delicate
as the witnesses were the young woman, her older sister and her parents
(along with the lead detective), psychological evaluations and several
lengthy meetings with, following submissions to, the prosecutors, a negotiated
settlement was reached to a reduced charge of felony battery with a withhold
of adjudication (no conviction) and probation.
Criminal Seizure/Forfeiture Case
We were hired by two legitimate business men from Venezuela who were being
investigated because of their legitimate attempt to purchase an airplane
in the United States for their construction business in Venezuela. This
was a criminal seizure/forfeiture case in the Southern District of Florida,
arising out of a federal drug and money laundering investigation. Based
upon an extensive investigation, submissions made to federal court and
the prosecutors, and negotiations with the United States Attorney's
office, not only did the government agree not to criminally prosecute
our two clients, but they returned to our clients the entire sum seized,
nearly $1 million.
Our client, a chiropractor, was charged with conspiracy to commit fraud
and other crimes. This was a large federal fraud prosecution involving
allegations of over-billing, billing for services not rendered and money
laundering. The case involved hundreds of thousands of pages of records
and documents. After two years, the government offered, and the client
accepted, a negotiated settlement for probation.
Money Laundering - Gambling Prosecution
This case involved rarely used statutes to prosecute my client who allegedly
was running an international gambling operation that included regular
appearances on radio in which he set point spreads and extolled his own
ability to pick games. It was a gambling prosecution with allegations
of money laundering. The law is unclear in some instances, and the issues
were complicated. There was also an issue relating to the legality of
a search of the premises. Ultimately, the case resolved by way of a negotiated
settlement and the client was given a short prison sentence, followed
by probation. The forfeiture issues were favorably resolved, as well.
Violation of Laws Regulating Lobbyists
Case involving allegations of conflict of interest, violation of laws regulating
lobbyists - no criminal prosecution, resolved by no admission and payment of fine.
Client charged with armed kidnapping in which one of the alleged victims
was shot and killed. One defendant went to prison for 15 years, our client
pled to the reduced charge of accessory after the fact, put on probation
and no conviction
Armed trafficking - heroin and cocaine case our client was facing potential
life sentence. First attorney on the case did little preparation, filed
a motion seeking to suppress evidence and lost. We took case over, conducted
full investigation, found irrefutable evidence the arresting officer lied
under oath, State dismissed this case.
Fatal Traffic Accident
Traffic accident where a young woman was involved in car accident, which
was alleged to be her fault, in which one person died and three others
suffered very serious injuries. Criminal case not filed.
Our client, licensed professional, arrested for leaving the scene and driving
under the influence of alcohol. He was passed out, in the driver's
side of the vehicle, after running over several stop signs. Motion to
suppress granted and case closed with plea to reduced charges and probation.
Possession of heroin case. Case dismissed as we were able to convince State
they could not prove possession.
Driving under the influence, possession of cocaine and possession of marijuana.
Fraud & Money Laundering
Fraud and money laundering case related to one of the largest criminal
fraud cases ever brought in South Carolina. Case settled for return of
funds and no criminal prosecution
Former elected official under investigation for causing traffic death.
We were able to convince the State not to file criminal charges. Because
of the State's delay, the statute of limitations prevented State from
filing even an infraction.
Case of boating under the influence, it was dismissed on motion of the
defense claiming violation of statute of limitations.
Unlicensed Money Transmitting
Client arrested on warrant for unlicensed money transmitting as he entered
the United States. We proved client did not violate money transmittal
statute. Case dismissed before an Indictment was issued.
Client, who was not a US citizen and therefore faced deportation, was arrested
and charged with trafficking in oxycontin and was facing 30 years in prison,
with a 15 year minimum mandatory penalty. After substantial efforts, and
presentation of mitigation to detective, prosecutor and chief prosecutor,
we were able to convince the State to reduce the case to the least serious
level of offense, a second degree misdemeanor.
Money Laundering, Structuring & False Statements
Client, not a US citizen, who was hired to build a $1,000,000 boat for
a drug dealer and was then himself investigated and prosecuted for money
laundering, structuring and false statements to law enforcement officers,
avoided prosecution as we were able to convince the government to forego
the criminal prosecution in return for a civil settlement.
Client, who is a medical doctor, was under investigation for insurance
fraud related to an alleged false claim. No charges were filed in the case.
Client originally charged with possession with intent to sell drugs. First
we were able to get the charge reduced to possession and then, we were
able to get the case dismissed.
Client, a college student was arrested for possession of drugs. We were
able to convince the prosecutor to dismiss the charges.
Illegal Drug Sales
Client, a college student, was arrested for selling drugs in his dorm room.
First, we were able to convince the prosecutor not to file the case as
sale on school grounds, and then, after the reduced charge was filed,
we were able to convince the state to dismiss the charge altogether.
Leaving the Scene of an Accident
Client was charged with leaving the scene of an accident involving serious
bodily harm. We were able to convince the prosecutor to reduce the charge
to a misdemeanor and close the case without any jail.
Client arrested and charged with fraud. Based upon a motion arguing a violation
of the statute of limitations, we were able to get the case dismissed
and the record expunged.
Nursing Abuse Felony
Client, who was a nurse, was charged with serious felonies relating to
treatment of a patient. The charge first was reduced to a misdemeanor
and then dismissed altogether.
Client, a medical doctor, was under investigation and about to be charged
with fraud relating to resale of drug samples. We were able to convince
the federal government not to file the charges.
Felony Battery Case
Client initially arrested for a felony battery, we obtained a reduction
of the charge to a misdemeanor and then a dismissal of the case.
Client, a certified public accountant, was arrested on fraud-related charged.
We were able to convince the prosecutor that he was not guilty of any
crime and the case was dismissed.
Carrying a Weapon on School Grounds
A student was arrested on two separate felony cases on school grounds,
both of which involved an allegation he was armed. We were able to convince
the prosecutor to treat the cases as one case, permit the client to enter
a diversion program on both cases and thereafter both cases were dismissed
Illegal Sale of Drugs
Client was originally charged with selling drugs. We were able to get the
charges reduced and negotiated a probation plea.
Client was arrested and charged with felony battery. After a great deal
of litigation, we were able to convince the State to agree to a reduced
charge of simple battery, a misdemeanor and a short period of probation.
Possession of Drugs
Client was stopped, arrested and charged with possession of drugs in his
vehicle. The case was dismissed.
Leaving the Scene of an Accident & Drug Possession
Client was arrested and charged with leaving the scene of an accident and
possession of cocaine. A non-citizen, he faced deportation if the case
was not dismissed. We were able to get both charges dismissed.
Our client, a medical doctor, was accused of molesting his daughter. After
substantial investigation and submission of numerous documents and records,
we were able to convince the State not to file charges against the doctor.
In two separate cases, spanning a decade, the client was twice charged
with driving under the influence of alcohol, resisting arrest with violence
and battery on a law enforcement officer. All charges in both cases were
Violation of Federal Currency Laws
Client was stopped entering the country on his private plane. He was accused
of violation of federal currency laws. The case was negotiated for a civil
penalty and no criminal charges were filed.
Client was arrested for a felony assault. Lengthy, intense investigation
provided substantial proof that the client should not be formally charged
and the case was dismissed.
Contracting Without a License
Client was charged with a felony relating to contracting without a license.
The case was dismissed based upon a motion we filed arguing the prosecution
on this charge violated the United States Constitution.
Client was arrested, along with another young person and charged with extorting
money from an individual in Naples, Florida. Based upon electronic evidence,
including text messages, emails and web searches, we were able to prove
the innocence of the client and the case was dismissed.
Burglary, Possession of Drugs & Resisting Arrest
A soccer coach was charged with several felonies, including attempted burglary,
possession of drugs and resisting arrest with violence. With fingerprint
evidence, hair follicle analysis, a polygraph and investigation we proved
the client was innocent and the case was dismissed.
Fraud, Identity Theft & Conspiracy
A lawyer-client was investigated by the federal government for fraud, identity
theft and conspiracy. After a lengthy defense investigation, we were able
to convince the prosecutor no crime was committed by our client.
A lawyer-client was charged with his third driving under the influence
case. Facing mandatory jail time, through our investigation we were able
to determine one of the two essential police witnesses was under investigation
for bribery and we obtained a dismissal of the charge.
Fraud - Loan Modification Business Arrangement
A lawyer-client was investigated for fraud related to a loan modification
business arrangement. We avoided both federal criminal and civil prosecution.
Possession of Drugs & DUI
A high profile client was charged twice with possession of drugs and driving
under the influence. The first case was dismissed by the prosecutor after
intense negotiations. One month later, the second arrest occurred. That
case also resulted in a dismissal, again, with substantial, difficult
negotiations with the prosecutor leading to a resolution that included
DUI & Resisting Arrest
Another high profile client was arrested and charged with driving under
the influence, battery on a police officer and resisting arrest with violence.
Negotiations resulted in a reduction of the case to misdemeanors and then,
after investigation and motions, all charges were dismissed.
A young client who had been involved in making substantial deposits in
various financial institutions was investigated by the Internal Revenue
Service for cash reporting violations. Meeting with the agents and presenting
supporting documents, we were able to convince the government that someone
other than our client had committed the violations and our client was
A client who had plead guilty several years ago using another attorney
came to our firm because he was about to be fired from his job as a mortgage
broker. With the change in the law, because of his plea, he was precluded
from working in this industry. Based upon presentation of a strong mitigation
argument, we were able to convince the prosecutor to agree to a motion
to vacate the plea and sentence and dismiss the case.
A young college student we represented was charged is a serious accident
case with driving under the influence. First, we were able to avoid felony
charges. Then, through investigation and litigation, we were able to get
most of the evidence suppressed and then the case dismissed. The client
is now applying to law school.
Money Laundering & Unlicensed Money Transmittal
A Venezuelan businessman we represented was charged with money laundering
and unlicensed money transmittal. He also had a civil forfeiture case
brought against him based upon the same allegations. We settled the civil
case for a return of a substantial portion of the money and then, based
upon a legal and factual presentation to the prosecutor, we convinced
her to agree to diversion for our client, an unheard of result in a case
such as this, and, one year later, obtained a dismissal of the charges.
Aggravated Battery Arrest
The son of a doctor, who owned his own business, was arrested and charged
with aggravated battery. With investigation, we were able to obtain video
footage refuting most of the allegations of the alleged victim. With additional
factual and legal investigation, we submitted to the prosecutor our brief
in support of dismissal. The prosecutor reviewed the submission and dismissed the case.
A client was charged with aggravated battery. The allegation was that he
struck the alleged victim with his vehicle while the victim was riding
his bicycle. With photographs and a polygraph and negotiations, we were
able to convince the prosecutor to dismiss the charges.
Leaving the Scene of an Accident Involving Injury
A lawyer-client was arrested for leaving the scene of an accident involving
injury. With a substantial factual investigation, we were able to prove
to the prosecutor two things - first, the alleged victim, not our client
caused the accident and second, the client pulled over as soon as possible
and did not leave the scene. We used evidence obtained via the internet
including overhead photographs of the location and information about and
videos posted by the alleged victim. The case was dismissed.
A well-known doctor was alleged to have sexually assaulted his own daughter.
Conducting a substantial factual investigation we discovered fact witnesses
who could and did refute the allegations. Along with a polygraph, we presented
our argument to the detective leading the investigation. No charges were filed.
We represented a lawyer who was about to be held in contempt of court.
In one day's time, we prepared and filed a response to the allegations
and argued it to the court. The judge reversed his prior ruling and withdrew
his order of contempt.
Robbery & Battery
A teacher-client was charged with committing a robbery and a battery. The
alleged victim was a doctor. A strong defense was mounted through intense
factual investigation and legal argument. Ultimately, the robbery charge
was reduced to petit theft and thereafter, the entire case was dismissed.
Stealing Money from the Elderly
A client was alleged to have stolen hundreds of thousands of dollars from
an elderly person. Through negotiations we were able to work out a civil
resolution and no charges were filed.
Illegal Drug Sales
A doctor-client was arrested and charged with operating a pill mill. Through
investigation and research, we were able to build a case that demonstrated
a substantial legal defense to the charges. With negotiations with the
prosecutor, we were able to convince him to offer diversion. The doctor-client
accepted and the case will be dismissed upon the passage of time and payment
of costs of investigation and prosecution.
Another doctor-client was under investigation for drug trafficking related
to the dispensing of pain medication. Before hiring our firm, the client
made a statement to the FBI admitting certain criminal conduct. The prosecutor
conducting the investigation offered a felony plea which would have resulted
in incarceration and the loss of her medical license. The offer was rejected.
Several memoranda were prepared and submitted to the prosecutor demonstrating
that, at most a misdemeanor was appropriate. We were able to convince
the prosecutor to offer a misdemeanor and the judge ordered our client
to perform community service.
Fraud - False Documents to an Insurance Company
A lawyer-client was accused of preparing false documents to an insurance
company in a personal injury case. We intervened immediately and dealt
with the insurance company directly. We refunded the money paid out by
the insurance company and agreed to be responsible for any additional
costs or expenses. No criminal charges were brought.
Illegal Drug Sale
A young client was arrested and charged with sale of marijuana. In dealing
first with the arresting detective and then the prosecutor, we were able
to convince both to offer diversion, which is extremely unusual in drug
case involving sale. The client completed the diversion program and the
case was dismissed.
A client, who had just been released from prison, was being investigated
for crimes committed while in custody. The crimes included bribing a corrections
officer. We were able to negotiate a settlement without the client being
charged and with the wife of the client providing truthful testimony.
Business Receiving Personal Benefit from Elected Official
One of our clients was a business owner who was providing business services
to an elected official. The elected official demanded that the client
provide the business services for the personal benefit of the elected
official, without charge, or the elected official would preclude the client
from obtaining an extension of the government contract. The client provided
the business services. We were able to convince the prosecutor that the
client was a victim and not guilty of criminal conduct and no charges
were filed against him.
A client who had been stopped and detained by state and federal authorities
was the subject of a criminal investigation for money laundering. At the
time of the stop, the law enforcement officers seized a substantial amount
of cash. We were able to negotiate a settlement of the case for no criminal
charges and a return of half of the seized funds.
A young woman hired us to represent her in a case in which she was arrested
for driving under the influence. We investigated the facts, determined
there was a legal issue concerning the ability of the state to prove its
case, prepared a legal memorandum and provided it to the prosecutor. The
charge was dropped.
A lawyer-client was arrested for domestic battery. We fully investigated
the facts, obtained documents demonstrating the witnesses, including his
soon-to-be ex-wife, were not being entirely truthful and interviewed a
key child witness. The state refused to dismiss the case so it went to
trial before a jury. The jury acquitted the client after deliberating
for less than an hour.
A lawyer-client hired us to defend him in a civil matter in which the opposing
side was seeking a judicial order holding him in contempt of court. Through
a series of meetings and several filings, we were able to resolve the
matter and obtain an order dismissing the matter.
In a very delicate matter in which a teenager was accused of molesting
the young son of a family friend, we were hired to intervene at a very
early stage, before any arrest. Acting quickly, but extremely carefully,
we negotiated a settlement that incorporated treatment for both individuals,
but no formal charges being brought.
Embezzlement, Money Laundering & Fraud
In an unusual case, we were hired by a woman who had been accused by a
foreign country of aiding and abetting a public official from that country
of committing embezzlement, money laundering and fraud. The public official
was in custody in the foreign country. We were able to convince the government
that our client was duped into assisting the public official hide and
use the stolen money, but that she had no knowledge of the source of the
funds she helped him invest. The charges against her were dropped.
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