Pre-Indictment/Pre-Charge Representation
When we are contacted early enough in a case, we concentrate our efforts to try to prevent the filing of formal charges through pre-indictment advocacy. The prudent client will contact us upon learning that authorities are asking questions, collecting documents, or issuing subpoenas or summonses that impact him or her. We know that it is far better to avoid indictment than it is to go through the criminal justice system, even if one ultimately prevails. We marshal our investigative and legal resources to collaterally investigate the matter. Frequently, the FBI, United States Attorney, IRS, or other federal or state agencies do not have access or knowledge of important and exculpatory facts which we can bring to the attention of prosecution authorities on behalf of the client. We have been successful over the years in the process. Additionally, when not successful in preventing an indictment, we seek to influence the charge decision, helping the client to avoid the most serious charges.
Pretrial representation
During this stage of proceeding, parties prepare for the eventual trial or disposition of the case. The government turns over its discovery and the motion practice begins. Our goal is to deconstruct the prosecution’s case. We analyze the government’s evidence with the view of reconciling it with the theory of the defense and the results of our defense investigation. Evidentiary hearings and other legal options are pursued in efforts to limit the government’s evidence and proof. The government`s evidence is tested for its accuracy, and cross examinations and defenses are prepared. Many cases are resolved short of trial, at this stage. The key is to negotiate from positions of strength obtained through critical legal analysis and skilled defense investigation.
Sentencing
Sentencing advocacy is a unique and vital part of criminal defense. Recent decisions of the United States Supreme Court bestow considerable discretion in judges. Sentences are driven by factors such as amount of loss, which are frequently disputed between the parties. For example, why should a defendant be sentenced or forced to pay restitution based on a loss occasioned by market factors unforeseeable and outside the control of the defendant? We also develop background on the defendant, including family and work history, compelling family circumstances, and other mitigating factors which should mitigate punishment. When appropriate, we utilize expert testimony during sentencing proceedings on a variety of issues, including likelihood of recidivism, future dangerousness, or diminished capacity. Frequently, clients come to us after they have pled or been found guilty to assist in their sentencing.
Appeal and Postconviction Relief
The key to success on appeal and in postconviction litigation is issue recognition. Based on our years of trial and legal experience, we recognize issues that others may not. Clients come to us post conviction for assistance. We bring our skills to bear in motions for new trial, motions for reconsideration and in appeals and post conviction matters. The skills we have developed and bring to trial litigation compliment our appellate practice.
Related Civil Litigation
We recognize that the needs of our clients frequently extend beyond the criminal law. When needed, we participate in collateral litigation on behalf of our clients to optimize the chances of favorable outcome. We have assisted in securities litigation, civil litigation, family law matters, bankruptcy litigation and administrative actions where there are fraud or potential criminal issues involved. Participation in these actions also provide the chance to develop legal theories and facts to support our criminal collateral investigations; we depose important witnesses, subpoena otherwise unavailable documents, and compel answers to critical questions through civil court process. We also bring our trial and investigative skills to the civil litigation on behalf of our clients.
Crisis Management
Clients frequently find themselves in the grips of seemingly overwhelmingly legal circumstances. We assist in managing these circumstances, offer media consulting, and a plan and policy for restoring normalcy and order to our client’s situation.
Defense of Professionals
We represent physicians, attorneys, pharmacists, bankers, realtors, loan officers, restaurateurs, corporate officers, and other business professionals and executives in investigations and cases involving their business or personal lives, including:
- Controlled Substance Prescribing and Dispensing Offenses
- Income Tax Evasion or Failure to File Matters
- Sales Tax matters
- Irregular Banking matters
- Criminal Breach of Fiduciary Duty (Intangible Rights, Bribes/Kickbacks in Private or Public Setting)
- Business Frauds
- DUI (In Conjunction with Hand-Selected Co-Counsel)
Types of Cases We Handle
White Collar Offenses
- Bribery (Including FCPA matters)
- Conspiracy
- Credit Card Fraud
- Cyber Crimes
- Environmental Crimes
- Mail and Wire Fraud
- Forfeiture (Civil or Criminal)
- RICO (Civil or Criminal, Including RICO Conspiracy)
- Trafficking of Counterfeit Goods
- Public Corruption
- Qui Tam Litigation/Whistleblower Actions
Fraud
- Bank Fraud
- Credit Card Fraud
- Healthcare Fraud
- Identity Fraud
- Insurance Fraud/Cyber Crimes
- Internet Fraud
- Mail and Wire Fraud
- Medicaid and Medicare Fraud
- Mortgage Fraud
- Ponzi Schemes
- Procurement Fraud
- Tax Fraud
Financial/Securities Offenses
- Dodd-Frank Act
- Embezzlement
- Money Laundering
- Sarbanes-Oxley Act
- Securities Fraud/Financial Crimes
Drug Offenses
- Drug Conspiracy
- Synthetic Drugs
- Possession and Distribution
- Importation
- Reverse Sting Cases
- Continuing Criminal Enterprise (CCE)
- Racketeer Influenced and Corrupt Organizations Act (RICO)
Other Offenses
- Burglary and Theft
- Dealing in Stolen Property
- Domestic Violence
- Driving Under the Influence (DUI)
- Sex Crimes
