Victories
Healthcare Defense
United States v. Client — Attorney: Linda McNamara
In a case in the Middle District of Florida (United States v. Client), the government alleged that a physician, who owned a medical laboratory, was criminally responsible for the submission of more than $5 million in Medicare claims that were premised on unlawful kickbacks paid to marketers. The government threatened to indict the physician on charges of conspiracy, healthcare fraud, and money laundering—charges that could have exposed the physician, if convicted, to 20 years’ imprisonment. By presenting a strong defense to the government pre-indictment, and by assisting the defendant in providing substantial assistance to the government in the investigation of those who were primarily responsible for any criminal conduct, we convinced the government to reduce the charges to a single charge of conspiracy. And, although the government still requested the court to sentence the physician to a term of imprisonment, we ultimately persuaded the court to sentence the physician only to a term of probation.
United States v. Client — Attorney: Linda McNamara
In another case in the Middle District of Florida (United States v. Client), the United States charged a nurse with participating in a scheme to defraud Medicare of $1.3 million—charges that could have resulted in a sentence of up to 20 years’ imprisonment. The government contended that the nurse had assisted the owner of a home-health agency in paying unlawful kickbacks to marketers to obtain referrals for patients. By convincing the government that the nurse had not had any direct responsibility for the unlawful payments, and by assisting the nurse in providing substantial assistance to the government in the investigation and prosecution of those who were directly responsible, we persuaded the government to reduce the charges to a single count of conspiracy. Although the government still requested the court to impose a term of imprisonment, as the sentencing guidelines advised, we ultimately convinced the court to impose only a probationary term.
Client (Conspiracy to Commit Healthcare Fraud – S.D. Tex.) — Attorney: Ellen Comley
Our client was charged in the United States District Court for the Southern District of Texas with conspiracy to commit healthcare fraud. The government alleged that the client participated in a scheme involving the impersonation of a licensed medical professional despite not holding the necessary credentials, and that this conduct contributed to fraudulent claims within the healthcare system.
Under the United States Sentencing Guidelines, the advisory range called for a significant term of imprisonment, reflecting the seriousness of the offense and the alleged harm to the healthcare system.
At sentencing, our legal team delivered a persuasive and comprehensive argument addressing the mitigating circumstances of the case, the client’s acceptance of responsibility, lack of prior criminal history, and the unlikelihood of reoffending. We emphasized that the goals of sentencing could be fully achieved without incarceration.
As a result, the Court departed downward from the guideline range and imposed a sentence of probation, allowing the client to avoid prison entirely and remain in the community while fulfilling the conditions of supervision.
Client (Texas) — DEA Prescribing Investigation — Attorney: Ellen Comley
Our client, a licensed physician, was under investigation by the Drug Enforcement Administration (DEA) for alleged improper prescribing of controlled substances. Following a detailed review of patient records and prescribing practices, we presented compelling evidence to the DEA demonstrating that the allegations were unfounded. The DEA dismissed the investigation in full, allowing the client to continue practicing without restriction.
Client — E.D. Missouri — Attorney: Ellen Comley
False Statements Involving Health Care Benefit Plan. Note: client terminated OPC before final disposition/sentencing.
Client — S.D.N.Y. — Attorney: Ellen Comley
Conspiracy to Commit Healthcare Fraud — Outcome: Client received time served.
Client — E.D. Pennsylvania — Attorney: Ellen Comley
Conspiracy to Defraud and Receive Kickbacks.
Client — N.D. Texas — Attorney: Ellen Comley
Conspiracy to Commit Healthcare Fraud.
Client — N.D. Texas — Attorney: Ellen Comley
Acquiring and Obtaining Possession of a Controlled Substance by Misrepresentation.
Client — S.D. Texas — Attorney: Ellen Comley
Conspiracy to Commit Healthcare Fraud.
Corporate Investigation
SEC v. Client — Attorney: Alina Veneziano
In SEC investigation for insider trading, received Termination Letter from the SEC not to recommend an enforcement action against client. No enforcement proceeding. No press release. No charges.
SEC v. Client — Attorney: Alina Veneziano
After receiving a preliminary determination from the SEC to recommend enforcement action for insider trading by a high-ranking company official, successfully convinced the SEC to drop the case in full based on our Wells Submission. No enforcement proceeding. No press release. No charges.
FINRA v. Client — Attorney: Alina Veneziano
Received “No Further Action” disposition letter from FINRA against FINRA-registered representative in investigation involving outside business activity and undisclosed beneficial ownership/affiliations. No enforcement action. No injunction or ban from the industry. No press release. No charges.
FTC Inquiry re: Google Reviews — Client — Attorney: Nicholas B. Johnson
Our client, the owner of a prominent and highly successful law firm in Los Angeles, came under investigation by the Federal Trade Commission regarding online reviews posted to Google. The FTC alleged that certain positive reviews may have been inauthentic and potentially tied to improper payments. We immediately engaged with investigators, addressed their concerns, and presented evidence and arguments demonstrating our client’s good-faith business practices. As a result of our efforts, the FTC closed the matter with no prosecution, allowing our client to continue operating without penalties or reputational harm.
Client (Arizona) — OIG Upcoding Investigation — Attorney: Ellen Comley
Our client, a behavioral health center in Arizona, was under investigation by the Office of Inspector General (OIG) for allegedly upcoding services billed to federal healthcare programs. After conducting a detailed internal review and presenting evidence to OIG demonstrating that the allegations were unfounded, the government dismissed the investigation in its entirety.
Client (Arizona) — OIG “Services Not Rendered” Investigation — Attorney: Ellen Comley
Our client, a behavioral health center in Arizona, faced an Office of Inspector General (OIG) investigation over allegations that it billed federal healthcare programs for services that were never rendered. Through a comprehensive review of treatment records, billing data, and witness statements, we proved that the allegations were false and unsupported by the evidence. As a result, OIG dismissed the investigation in full.
Client (Colorado) — OIG Reimbursement Investigation — Attorney: Ellen Comley
Our client was under investigation by the Office of Inspector General (OIG) for allegedly submitting improper reimbursements for personal medical expenses. Through careful review of the underlying documentation and applicable reimbursement rules, we substantiated that all reimbursements were proper and fully compliant with governing regulations. The OIG dismissed the case in its entirety.
Client (Texas) — OPR Timecard Investigation — Attorney: Ellen Comley
Our client, a federal employee, was under investigation by the Office of Professional Responsibility (OPR) for allegedly forging time cards in connection with his official duties. After presenting evidence demonstrating that the allegations were false and unsupported, the OPR dismissed the investigation in full, clearing the client of any wrongdoing.
Client (Utah) — OIG Outside Income Investigation — Attorney: Ellen Comley
Our client, a federal government employee, was under investigation by the Office of Inspector General (OIG) for allegedly failing to properly report outside income as required by federal ethics rules. After a thorough review and presentation of the facts, the allegations were found to be unsupported, and the OIG dismissed the case in its entirety.
Client (M.D. Florida) — PPP Loan Fraud Inquiry — Attorney: Ellen Comley
Our client was the subject of a federal investigation for alleged Paycheck Protection Program (PPP) loan fraud. The government’s inquiry focused on whether the loan proceeds had been misused in violation of federal program requirements. Through direct engagement with federal investigators and a thorough presentation of documentation, we demonstrated that the client’s use of the funds fully complied with all applicable federal rules and regulations. As a result, the investigation was formally dismissed, and no charges were filed.
FINRA v. Client — Attorney: John Sellers
FINRA issued a “No Further Action” letter to Client (a FINRA-registered representative) after investigating outside business activity and undisclosed beneficial ownership—no enforcement, no injunction or industry ban, no press release, no charges.
White Collar Defense
People v. Client — Attorney: Shrey Sharma
Achieved probation sentence in New York state embezzlement case where client faced up to 15 years in prison and prosecutor previously recommended incarceratory sentence. Client worked in accounting at an HVAC company in Long Island and was charged with embezzling hundreds of thousands of dollars by stealing vendor credits and redirecting them to personal accounts. The Suffolk County District Attorney’s Office charged Grand Larceny in the Second Degree and initially recommended a state prison sentence during plea negotiations. After comprehensive discovery review and negotiations, we convinced the prosecutor that a custodial sentence was unnecessary given our client’s lack of criminal history and willingness to pay restitution. The client received probation with no jail time.
Client (Bank Fraud – D.N.J.) — Attorney: Ellen Comley
Our client was charged in the United States District Court for the District of New Jersey with bank fraud arising from allegations of unlawfully taking funds from bank ATMs and converting those funds for personal use.
Under the applicable United States Sentencing Guidelines, the calculated advisory range called for a term of incarceration of approximately 30 months in federal prison. The government alleged that the offense involved a significant monetary loss and a breach of trust in connection with the banking system.
Despite the seriousness of the charges and the recommended prison term, our legal team presented a compelling sentencing memorandum and oral argument highlighting substantial mitigating factors, including the client’s personal history, lack of prior criminal record, acceptance of responsibility, and strong community support. We further argued that the purposes of sentencing—deterrence, rehabilitation, and restitution—could be fully achieved without the need for incarceration.
The Court imposed a sentence of probation, representing a significant downward variance from the guideline range and allowing the client to remain in the community.
Client (Conspiracy to Introduce Misbranded Items – D.N.J.) — Attorney: Ellen Comley
Charged in the District of New Jersey with conspiracy to introduce misbranded items into interstate commerce. Through investigation, negotiations, and mitigation, the Court imposed time served, enabling the client to satisfy the judgment without additional incarceration and to remain abroad.
Client (Lying to a Federal Agent – D. Md.) — Attorney: Ellen Comley
Charged with making materially false statements to a federal agent (18 U.S.C. § 1001) in connection with a conflict-of-interest probe. After mitigation-focused advocacy, the Court imposed probation rather than prison.
Client — Money Laundering Target Letter (Texas) — Attorney: Ellen Comley
Received a DOJ target letter for alleged money laundering. After a thorough defense presentation, the government dismissed the case and filed no charges.
Client — FBI/USFWS Investigation — Attorney: Ellen Comley
Under joint investigation by the FBI and U.S. Fish & Wildlife Service for allegedly stealing a rare butterfly and transporting it across state lines. After engaging with investigators and addressing factual and legal weaknesses, the matter was resolved with no charges filed.
Client — E.D. Arkansas — Attorney: Ellen Comley
Obstruction of Criminal Investigation.
Client — D. Colorado — Attorney: Ellen Comley
Theft or Embezzlement from Employee Benefit Plan.
Client — D.N.D. — Attorney: Ellen Comley
Bribery Concerning Programs Receiving Federal Funds — Outcome: Time served.
Client — W.D. Oklahoma — Attorney: Ellen Comley
Distribution of Controlled Substances — Outcome: Dismissed.
Client — N.D. Texas — Attorney: Ellen Comley
Misprision of a Felony.
Client — N.D. Texas — Attorney: Ellen Comley
Failure to Appear — Outcome: Dismissed.
Client — N.D. Texas — Attorney: Ellen Comley
Wire Fraud.
Client — Yellowstone National Park Disturbing the Peace Citation — Attorney: Nicholas B. Johnson
While visiting Yellowstone with a young child, client was involved in a verbal dispute initiated by another visitor and was struck from behind. After reporting the incident to rangers, both parties were cited for disturbing the peace and the matter was referred to the U.S. Attorney’s Office. We persuaded federal prosecutors not to file charges, protecting the client’s record.
Tax Law
In re Client — Attorney: Shrey Sharma
Declination to prosecute in a New York state criminal tax investigation involving false returns filed across multiple years by a third-party preparer. After preparation and voluntary interview with the New York State Tax Criminal Investigative Division, authorities declined criminal referral based on documentation showing preparer fault.
United States v. Client — DOJ Tax Division — Attorney: Alina Veneziano
Declination of prosecution letter in a DOJ Tax Division investigation against a tax return preparer for aiding and assisting in the preparation of false tax returns. No charges. No plea. No press release. No injunction.
IRS v. Client — March 2024 Audit — Attorney: Alina Veneziano
In an audit against a tax return preparer, eliminated all penalties related to improper tax return preparation, promotion of abusive schemes, or aiding in understatements. No injunction. No assessed penalties.
IRS v. Client — 2025 Audit — Attorney: Alina Veneziano
Eliminated all penalties against a tax return preparer via reasonable cause arguments, avoiding a referral to the Office of Professional Responsibility and any disciplinary action.
IRS v. Client — Attorney: Alina Veneziano
Eliminated in full a quarter of a million dollars of an IRS penalty improperly assessed on a healthcare business client.
IRS v. Client — Attorney: Alina Veneziano
Eliminated all information return penalties assessed by the IRS due to reasonable cause and comprehensive corrective actions.
Client — ACA 1094-C / 1095-C — Attorney: Alina Veneziano
Eliminated about $650,000 in 1094-C and 1095-C associated penalties assessed by the IRS through a detailed abatement request and narrative, resulting in 100% penalty relief.
IRS Investigation Discontinued — Attorney: Nicholas B. Johnson
For 5+ years, an IRS agent pursued Client, a financial planning firm. With our guidance throughout the process, the IRS issued a letter discontinuing the investigation with no action against Client.
