Reinstatement of Judge’s Pension Following Guilty Plea
Secured reversal at the Supreme Court of Pennsylvania of the forfeiture of a judge’s state pension by the State Employees’ Retirement System (SERS). After the judge pleaded guilty to two charges of violating 18 U.S.C. Section 1001 by lying to federal investigators, SERS informed him that by doing so he forfeited his pension under the Public Employee Pension Forfeiture Act (Act 140) and that the violation of the federal statute was “substantially the same” as violating 18 Pa.C.S. Section 4906. The Pennsylvania Supreme Court ruled unanimously that the statutes were not identical, overturning the Pennsylvania Commonwealth Court’s ruling and precedent set in Merlino v. Philadelphia Board of Pensions and Retirement.
Favorable Sentencing in Government Contracting Fraud Investigation
Client was sentenced to one year of unsupervised probation in the Eastern District of Virginia after having negotiated a guilty plea to one count of misprision of a felony in connection with a fraud investigation involving misrepresentations made in connection with NASA contracts.
Criminal Prosecution Avoided in Health Care Fraud Matter
Secured a declination of criminal prosecution in a health care-related fraud matter and negotiated a consent decree with the Pennsylvania Office of Attorney General, which resolved numerous alleged violations of the Unfair Trade Practices and Consumer Protection Law without any admission of liability by the client.
Dismissal of Charges in Regulatory Violation Matter After Deadly Explosion
Obtained a dismissal of all charges in U.S. District Court for the Eastern District of Pennsylvania relating to the alleged improper filling of two out-of-date propane cylinders in violation of DOT Hazardous Materials regulations that resulted in a deadly explosion on a food truck in Philadelphia. The client pled guilty to two counts of regulatory violations involving the failure to properly train and document training of two employees at a facility he managed in 2014. Despite the government’s efforts to obtain a period of incarceration, the defendant was sentenced to two years of probation, a small fine and community service.
Obtained Pardon from Gov. Chris Christie in Unlawful Possession Conviction
Obtained an official pardon from New Jersey Gov. Chris Christie for a client who was arrested in 2013 and convicted of unlawful possession of a handgun. The client, a Pennsylvania business owner who had no prior criminal record, had been target shooting and inadvertently left his hunting rifles in his vehicle when driving in New Jersey. Filed a Petition for Executive Clemency on the client’s behalf, and following numerous phone calls, emails and in-person interviews, Gov. Christie granted the pardon, which is one of only 27 granted in his eight years in office.
Successful Representation of Temple University Student Facing Multiple Felony and Misdemeanor Charges
Represented a Temple University student served with a civil Protection From Abuse Act petition, charged with felony strangulation and related misdemeanor offenses, and later charged with violations of the Student Code of Conduct stemming from an incident during a breakup with his then girlfriend, also a Temple student. After a detailed investigation and fact gathering, built a student conduct hearing defense for the client who was later found not responsible for multiple alleged student conduct violations following a full hearing before the Title IX adjudicator. Following this demonstration of innocence, got the Philadelphia D.A.’s Office to drop all of the charges if the client completed an anger management course and if he agreed to a temporary PFA without admission of any wrongdoing. As such, the client did not face expulsion from college, he does not have a criminal record after the expungement of this arrest from his record, and he only had an 18-month restraining order without admission or a finding of liability in the civil courts.
Obtained Unprecedented Furlough from Federal Correctional Institution for Client
Obtained an unprecedented furlough from the Federal Correctional Institution (FCI) in Fort Dix, New Jersey, allowing a client to attend his son’s funeral.
Successful Representation of CEO in $1 Million+ Embezzlement Case
Represented client CEO who was accused of embezzling more than $1 million from the company over the course of several years. Client faced advisory federal sentencing guidelines that called for a period of incarceration of 15 to 21 months, but U.S. District Court for the District of New Jersey imposed a sentence of six months.
Civil Liability Avoided in False Claims Act Investigation
Assisted a client in avoiding any civil liability in connection with a joint false claims act investigation conducted by the U.S. Department of Justice and the New York Attorney General’s Office.