Results

RECENT CASE RESULTS

United States v. J.P., et al.: The Department of Justice's Criminal Division, Fraud Section charged our client and nine other individuals in a $1.4 billon health care fraud, wire fraud, and money laundering conspiracy (the largest health care fraud case that DOJ has ever prosecuted) concerning toxicology laboratories' using rural and critical-access hospitals in an alleged pass-through billing scheme. After a six-week trial, during which the DOJ presented forty-two witnesses—including cooperating, alleged co-conspirators—and over 500 exhibits, the jury deliberated for four days before failing to unanimously agree on a verdict, prompting the Court to declare a mistrial. DOJ released all of the client's seized assets at the conclusion of the trial.  The Government elected to try the case again with an different expert witness and an additional cooperating, alleged co-conspirator, and after a four-week trial, the jury found our client not guilty on all counts in the indictment.

United States v. W.C.: A private insurance company discovered that our client, a dentist, fraudulently billed it, various other insurance companies, and federal health care benefit programs for approximately $400,000 of services that our client did not provide. We resolved the matter with a $248 reimbursement to one insurance company and no formal prosecution.

United States v. F.G.: The FBI and a local police department investigated our client for defrauding an individual of over $500,000. We convinced the local police department to terminate its investigation and the FBI not to refer the matter for a formal prosecution.

United States v. S.I.: HHS-OIG investigated our client for Health Care Fraud and Aggravated Identity Theft based on the client's allegedly participating in a "telemedicine" kickback scheme that defrauded Medicare of approximately $30 million in reimbursements for not-medically-necessary durable medical equipment and genetic testing.  After our having conducted our own investigation into the matter and making several presentations to the investigating agents and prosecutors, we convinced the Government not to prosecute our client.

United States v. J.C.: The FDIC-OIG investigated our client, a federal employee, for Bank Fraud and Perjury, based on the client's obtaining over $600,000 in mortgage loans by allegedly submitting multiple materially false loan applications to multiple financial institutions and allegedly testifying falsely before a federal grand jury. We convinced the Government not to prosecute our client.

United States v. K.J.: The US Secret Service investigated our client for Wire Fraud, Theft, and Embezzlement, based on the client's allegedly diverting over $100,000 from the client's employer's business bank accounts to the client's personal bank account. We convinced the Government not to prosecute our client.

United States v. R.M., et al.: The FBI and the HHS-OIG investigated our client for Health Care Fraud based on the client's submitting over $7 million in alleged false claims to Medicare. The Government indicted our client on Conspiracy to commit Health Care Fraud, Health Care Fraud, Aggravated Identity Theft, and False Statements. On the first day of trial, after jury selection, we convinced the Government to agree to our client's pleading guilty to a Class B misdemeanor, with a guaranteed sentence of probation. The other defendants pled guilty to various felonies and received sentences to terms of imprisonment of up to 133 months and restitution. The District Court to sentenced our client to three years of probation, with no restitution obligation.

United States v. C.S.: The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client's allegedly participating in a distributed denial of service ("DDOS") attack on a corporate website, resulting in $1 million of damages. We convinced the Government, prior to indictment, to agree to our client's pleading guilty to a Class A misdemeanor, with a recommended sentence of probation. The District Court sentenced our client to three years of probation.

United States v. J.A.: The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client's allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans from multiple financial institutions. Despite the overwhelming evidence against our client, we convinced the Government to agree to our client's pleading guilty to a Class D felony. We then convinced the District Court to sentence our client to three years of probation.

United States v. F.A.P., et al. The FBI investigated and the Government indicted our client for Aiding and Abetting another person's traveling in interstate commerce with the intent to engage in illicit sexual conduct with a minor. After completing our investigation of the case, we convinced the Government to dismiss all charges against our client two weeks before the trial began.

United States v. E.P.:  The FBI investigated and the Government indicted our client, the CEO of a telecommunications company, for forging documents resulting in a $1.3 billion loss to investors.  Although our client admitted the conduct to investigators before retaining our firm (and based on those admissions, faced a recommended sentence of 324–405 months of imprisonment), we arranged the client's voluntary surrender to the FBI, and negotiated the client's immediate release from custody on a personal recognizance bond (the client did not have to post any money for bail).  We then convinced the Government, ten days before trial, that it could not prove but $250 million in loss, and the client pled guilty to the indictment before the trial began.  Despite our client's then facing a recommended sentence of 97–121 months of imprisonment, we convinced the District Court to impose a sentence of 60 months of imprisonment, with voluntary surrender to a federal prison camp.  We continued to work to reduce the client's sentence (without cooperating against other persons), and we now expect the Federal Bureau of Prisons will release our client upon the client's serving 27 months of imprisonment.

United States v. B.O.: The Government indicted our client on one count of International Parental Kidnapping and four counts of Extortion. Our client retained us after already having served almost the maximum term of imprisonment of three years on the kidnapping charge in pretrial detention, and just two weeks before trial on the four extortion counts. We tried the case without a continuance two weeks later and convinced a jury to find our client not guilty on two of the four extortion counts. Although the District Court imposed a sentence of 87 months of imprisonment on the two remaining extortion counts and ordered restitution, we appealed the conviction and restitution order to the US Court of Appeals for the Tenth Circuit, which reversed both convictions and vacated the restitution order.