Criminal Prosecutions

Previous Cases

Accomplished remarkable and possibly unprecedented turnaround in United States v. Annappareddy, a case where an Indian national was charged with health care fraud in the federal court in Baltimore based on false allegations that his chain of retail and specialty pharmacies billed government insurance programs for expensive prescriptions that were never picked up or delivered.

• When representation began, jury had found client guilty after five-week trial, court had entered forfeiture order of over $4.7 million, and he faced imminent sentence of 12 years in prison followed by deportation. Obtained leave to supplement motion for new trial. Claimed prosecutorial misconduct: presenting material false evidence to jury and violating Brady. Won new trial before appeal.
• After court scheduled eight-week second trial, moved to dismiss case with prejudice on grounds that prosecutors were reckless and willfully blind in presenting false evidence to jury on three categories of material facts and violated Brady as to one such category. Court scheduled hearing on motion. In 48 hours before hearing, filed three more motions to dismiss for three more instances of prosecutorial misconduct: deliberately presenting false evidence on another key fact, intentionally destroying exculpatory documents after trial, and knowingly misinforming trial jury and grand jury about applicable laws. At hearing, court dismissed case with prejudice after finding a series of due process violations that “shock[s] the conscience.”

Won acquittals in Ohio federal court on nine of ten counts after month-long trial in case where owner of direct marketing company was charged with conspiracy, violating campaign finance laws, causing false statements to be made to the Federal Election Commission, obstruction of justice, and attempted witness tampering. Charges arose from employees donating around $200,000 to two candidates for Congress and company giving them checks, within day of donations, in amounts matching donations. Sole guilty verdict was on attempted witness tampering.

Achieved favorable plea agreement, three weeks before trial, in case in Ohio state court where software development company and its two principals were charged with nearly 150 total felony counts, including gambling, engaging in a pattern of corrupt activities, money laundering, and possessing criminal tools. Charges were based on company licensing software that allowed businesses to offer free sweepstakes entries with purchases and to reveal results via images simulating casino games. Each principal pled guilty to only a single misdemeanor count that was expunged after one year.

Obtained mistrial after three-and-a-half-week trial, with jury voting eleven-to-one to acquit on each count, in case where elected official was charged in federal court in D.C. with conspiracy, federal programs fraud, federal programs bribery, and obstruction of agency proceeding. Charges stemmed from client’s company allegedly obtaining no-bid supply orders in amounts just below $10,000 in violation of local procurement rules requiring competitive bids for orders of $10,000 or more while he was in office. Government declined to retry case.

Persuaded prosecutors to agree to transfer case in Vermont state court to juvenile court for non-custodial disposition by filing motion to dismiss prosecution of minor as adult for manslaughter, based on one-car accident that occurred when he was 14 years old, on ground that he was being charged more harshly than similarly situated adults in violation of Equal Protection Clause.