Experience

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.

Declination of Criminal Prosecution, Favorable Civil Settlement in Insider Trading Investigation

Obtained a declination of criminal prosecution in an insider trading investigation and successfully negotiated a favorable civil settlement with the SEC on behalf of a client located in the Eastern District of Pennsylvania.

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.

Declination of Prosecution by Court-Martial for U.S. Navy Midshipman

Obtained a declination of prosecution on various alleged violations of the Uniform Code of Military Justice (UCMJ) on behalf of a U.S. Navy Midshipman who was able to avoid court-martial. Resolved the case with a voluntary resignation via a student conduct process allowing the client to receive a general discharge under honorable conditions from the U.S. Navy.

Obtained Dismissal of an Indictment for Wire Fraud and Conspiracy Involving a Prominent Michigan Businessperson

Secured the dismissal of an indictment in the Middle District of Pennsylvania charging a prominent Michigan businessperson with wire fraud and conspiracy. The matter was resolved in favor of a corporate guilty plea for probation and payment of restitution by an entity that was no longer actively in business.

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.

Dismissal of Criminal Charge in Felony Violation of State Ethics Act

Defended a client before the Dauphin County Court of Common Pleas who was accused of felony violation of the State Ethics Act in connection with the Attorney General’s corruption prosecution relating to the Pennsylvania Turnpike Commission. Client was placed into a diversionary program, which resulted in the dismissal of the criminal charge and expungement of the client’s record upon successful completion of the program.

Not Guilty Verdict for Client in $10 Million Fraud Case

Represented the only defendant who was found not guilty of conspiracy to defraud the United States in an amount exceeding $10 million, in which the IRS prosecuted individuals associated with a trust company for allegedly marketing “abusive trust” tax shelters.

Successful Settlement in $400 Million Qui Tam Case

Successfully negotiated a no admission of liability settlement on behalf of a pharmaceutical company in connection with a civil False Claims Act matter investigated by the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The case originated from a qui tam complaint where the government initially sought damages well in excess of $400 million. The case was resolved for approximately 4% of the initial damages assessment, and a Corporate Integrity Agreement was reached with Department of Health and Human Services Office of Inspector General (HHSOIG) that avoided any debarment or exclusion sanctions.

Successful Defense of Medical Practice in FCA Litigation

Successful defense of a medical practice in a federal civil False Claims Act litigation involving a qui tam relator.

Successful Outcome in Multimillion-Dollar Civil Tax Action

Successful defense of a multimillion-dollar civil tax action brought by Department of Justice Tax Section attorneys against an attorney’s innocent spouse for failure to pay over federal income taxes.

Successful Representation of CEO in Embezzlement, Wire Fraud Case

Represented the former CEO of a company based in New England who was initially accused of embezzling more than $1 million. The loss was eventually demonstrated to be substantially less and negotiated down to $245,000. The client entered into a guilty plea to wire fraud. Despite facing a Federal Sentencing Guideline range of 15 to 21 months of incarceration, the client was ultimately sentenced to six months.

Successful Representation of NJ Business Owner in Tax Evasion, Harboring Case

Represented a client who owned and operated a business in Southern New Jersey who was charged with conspiracy to evade payroll taxes in excess of $100,000 as well as harboring illegal aliens and faced a Federal Sentencing Guideline range of 15 to 21 months of incarceration. The client was ultimately sentenced to three years of probation.

Negotiated Reduced Sentence in Multi-Year Tax Matter

Represented client who received sentence of one year and one day after negotiating and substantially reducing the tax loss in a multi-year false filing of tax returns prosecution involving hundreds of thousands of dollars in unreported taxable income.

Secured Reduced Sentenced for Client Facing Embezzlement Charges

Defended client who was facing sentencing guidelines recommending incarceration, but received sentence of three years of probation for embezzlement of union funds.

Successful Litigation of 2255 Habeas Corpus Petition Resulting in Vacation, New Trial

Successfully litigated Section 2255 habeas corpus petition resulting in defendant’s sentence of 151 months being vacated and a new trial ordered by the court.

Probation for Client Indicted on FCPA, Money Laundering and Travel Act Violations

Obtained a sentence of two years of probation for client in first Foreign Corrupt Practices Act case in U.S. District Court for the Eastern District of Pennsylvania. The client was indicted on conspiracy, FCPA violations, Money Laundering and Travel Act violations, and faced a Federal Sentencing Guideline range of 70 to 87 months of incarceration.

Representation of Only Defendant Acquitted at Trial in 22-Defendant, 194-Count Indictment

Defended an individual who was the only defendant acquitted at trial of all charges brought in a 22-defendant, 194-count federal indictment involving drug and firearms charges relating to a large scale drug conspiracy.

Successful Appeal to Pennsylvania Commonwealth Court in Civil Tax Litigation

Successfully appealed to the Pennsylvania Commonwealth Court a judgment in favor of the City of Philadelphia in a civil tax litigation matter. The appeals court reversed the judgment, which was in the amount of $707,000.

Secured Acquittal for Client in 10.5-week Jury Trial Alleging Kidnapping and RICO Conspiracy

Secured an acquittal after a 10.5-week jury trial in which the defendant was charged with kidnapping and RICO conspiracy in connection with a significant racketeering case.

Obtained Declination of Prosecution from DOJ for Prominent Medical Doctor

Obtained a declination of prosecution from the Department of Justice on behalf of a prominent medical doctor practicing in the Philadelphia region accused of billing fraud.

Favorable Pre-lawsuit Settlement in Federal False Claims Act Case for Cardiologist

Effectuated a favorable pre-lawsuit settlement with no admission of liability in a federal False Claims Act matter on behalf of a cardiologist in the Philadelphia region.

Successful Outcome for Medical Professional in Connection with Federal False Claims Act Investigation

Defense and non-trial resolution for a medical professional in response to a civil investigative demand issued in connection with a federal False Claims Act investigation.

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.

 

No-Admission Consent Decree for Telecom Company

Assisted a national telecommunications company to secure a no admission consent decree with the Pennsylvania Office of Attorney General in connection with a consumer protection act litigation.

Dismissal of Homicide Charges in Connection with Fraternity Death

Successfully defended fraternity member by obtaining dismissal of homicide and related charges in connection with the death of a pledge class member and fellow student at a major public research university.

Assisted Political Candidate with Grand Jury Investigation

Assisted a client, who was a political candidate for statewide office, avoid any criminal charges in connection with a grand jury investigation conducted by the Pennsylvania Office of Attorney General into allegations of political corruption and related offenses.

Dismissal of Felony Charges in Fraternity Hazing Death

Obtained dismissal of felony charges in connection with a fraternity hazing death that occurred in Monroe County, Pennsylvania, involving a fraternal organization associated with a public college in New York. Client received a sentence of probation in connection with a misdemeanor violation.

Successful Resolution in Ivy League Hazing Incident

Successfully resolved allegations made in connection a hazing incident at an Ivy League university on the East Coast. No criminal charges were filed and a small civil settlement was reached without admission of any liability.

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