Experience
Represented Alleged Leader of Racketeering Enterprise at Trial
Represented alleged leader of a racketeering enterprise at three-week trial in the Southern District of New York.
Representation of Joint Venture Partners in Deepwater Horizon Spill
Served as the technical lead attorney representing the Macondo well leasehold joint venture partners in defense of claims and numerous government investigations stemming from the accident onboard the Deepwater Horizon and resulting hydrocarbon release into the Gulf of Mexico.
Representation of Joint Venture Management Consultant in Claims, Investigations Surrounding Boston’s “Big Dig”
Represented the joint venture management consultant in defense of claims and government investigations arising from the design and construction of Boston’s $24.3 billion Central Artery/Tunnel Project (the “Big Dig”).
Representation of Subcontractor in Boston Interstate Tunnel Collapse
Represented key subcontractor in defense of claims and government investigations related to the ceiling collapse of the D Street portal of Interstate 90 connector tunnel in Boston.
Representation of Manufacturer in Claims, Investigation Related to Facility Explosion
Represented industrial manufacturer in defense of claims and government investigations related to an explosion of cylinders containing borane-tetrahydrofuran at a chemical manufacturing facility.
Successful Representation of Subcontractor in DOJ Investigation
Represented mega project materials subcontractor in defense of False Claims Act investigations by the Department of Justice, resulting in the government closing its investigation without action.
Defense of Client in Contested Sentencing Proceeding
Successfully defended the president of an engineering consulting firm and his company in a contested sentencing proceeding in a criminal environmental case in the Middle District of Pennsylvania. The U.S. Environmental Protection Agency sought substantial jail time plus fines and restitution in a Clean Water Act prosecution. The Court accepted defense arguments and sentenced the client to time served with a three-year period of probation and no fine or restitution. The company received a five-year probationary term and a $10,000 fine, a fraction of the amount sought, and no restitution.
Developed Successful Legal Defense Strategy in High-Profile White-Collar Criminal Prosecution
Served as part of the team that represented an executive in high-profile criminal prosecution. Developed legal defense that ultimately was adopted by the U.S. Court of Appeals for the Third Circuit in reversing trial court conviction.
Negotiated Deferred Prosecution Agreement for Health Care Provider Charged with Bribery
Persuaded U.S. Attorney’s Office for the Southern District of New York to offer Deferred Prosecution Agreement (DPA) to health care provider charged with bribery and other federal white-collar criminal offenses. The DPA resulted in the full dismissal of all charges.
Secured Significantly Below Guidelines Federal Sentence
Represented client charged in an Eastern District of New York federal indictment related to acts affecting interstate commerce. After pleading guilty, client’s sentence guidelines were calculated at 120 to 150 months of incarceration. Through creative and persuasive written and oral sentencing advocacy, the client was sentenced to only 48 months, with a recommendation that he be considered for early release 12 months prior to scheduled release date.
Represented Medical Supply Company in DHS Investigation into Counterfeit PPE
Represented medical supply company in Department of Homeland Security’s (DHS) U.S. Immigration and Customs Enforcement Agency investigation into alleged counterfeit personal protection equipment (PPE). No criminal charges or enforcement actions were brought against the company.
Represented Individual in Pandemic Related Fraud Investigation by the DOJ
Represented individual being investigated by the U. S. Department of Justice for alleged fraud related to federal pandemic relief programs. Investigation was closed and no criminal charges were filed.
Secured Significantly Below Guidelines Federal Sentence in $10 Million Fraud Case
Client charged with various allegation of fraud in the Southern District of New York. Due to over $10 million alleged loss amount, client’s sentencing guidelines were 140 to 175 months of prison. After successful presentation to U.S. Attorney’s Office, client was offered plea agreement with significantly lower guidelines of 33 to 41 months of prison. Client received the significantly below guidelines sentence of time served and term of supervised release.
Negotiated Immunity Deal for Former Political Consultant in National Security Matter
Represented former political consultant subpoenaed to testify at espionage trial in Southern District of New York. Persuaded U. S. Attorney’s Office to offer immunity in the event client was called to testify.
Represented Nonprofit CEO at Fraud and Embezzlement Trial
Represented Chief Executive Officer of nonprofit organization accused of fraud and embezzlement at three-week trial in the Eastern District of New York.
Represented Physician in New York State Criminal Case and Parallel OPMC Disciplinary Proceeding
Obtained dismissal of all criminal charges against New York State physician. Negotiated term of probation for client from Office of Professional Medical Conduct (OPMC), despite previous OPMC sanctions against physician.
Secured Federal Misdemeanor Plea in Southern District of New York Bank Fraud Case
Successfully persuaded the U.S. Attorney’s Office to offer a rare plea agreement to a misdemeanor for client charged in the Southern District of New York with bank fraud and other related crimes, who faced 30 years in federal prison. Client received a sentence of probation.
Represented Physician in Insurance Company Audit/Investigation
Negotiated settlement for less than 10% of insurance company claim and full release of all claims against physician accused of overbilling major U.S. medical insurance company.
Represented Highly Controversial Artist in Investigation Conducted by Multiple State Attorneys General
Represented highly controversial artist in multi-state investigation into alleged false statements made to government officials. The investigation was closed without the filing of any criminal charges.
Obtained Full Acquittal in Southern District of New York Trial
Obtained acquittal for client facing a mandatory minimum 15-year prison sentence in the Southern District of New York for allegations related to acts affecting interstate commerce.
Won Pre-Trial Suppression Hearing Resulting in Dismissal of All Charges for Government Contractor
Represented government contractor accused of unlawful surveillance in New York County Supreme Court. After contested suppression hearing, all electronic evidence seized and clients’ statements were suppressed, resulting in a dismissal of all charges.
Dismissal in Alleged Voter Fraud Case Generating National Media Attention
Represented a former supervisor for a political advocacy group in a case alleging that canvassers were illegally paid to register Nevada voters during the 2008 presidential campaign. The case, which was dismissed, garnered national media attention from the New York Times and Washington Post.
Representation of Major International Pharma Company in Qui Tam Litigation
Represented a major international pharmaceutical company in qui tam litigation alleging violations of the False Claims Act and Anti-Kickback Statute.
Successful Defense of State Senator Against Federal Bribery Charges
Successfully defended, as part of a team, a state senator against federal bribery charges.
Won Dismissal of Class Action Securities Litigation Alleging Market Manipulation for Brokerage Firm
Represented a brokerage firm in class action securities litigation alleging manipulation of options market. Won motion to dismiss. Affirmed on appeal by the Third Circuit.
Reduced Sentence on Appeal in First-of-its-Kind Clean Air Act Violation
Handled the first criminal case in Nevada in which someone was prosecuted for violation of the Clean Air Act following a building implosion that released asbestos into the air. The client was given a misdemeanor sentence on appeal.
Representation of Aerospace Engineering Company in Debarment Proceedings
Successfully represented aerospace component engineering company in administrative debarment proceedings.
Criminal Investigation Results in No Charges Filed
Represented client in federal criminal investigation of violations of federal commercial statutes by company and its officers, resulting in no charges filed against client.
Defense against Computer Tampering Claims
Defended client against alleged violation of computer tampering statute, and coordinated interaction with investigative agency and prosecutor's office. As a result, all charges against the client were dropped.
