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 SEC v. Eberhard Investment Advisors United States v. Eberhard (S.D. N.Y. 2003-2005) Defended a major television investment personality in parallel SEC and criminal proceedings alleging securities fraud. United States v. U.S.P. & C., Inc. (E.D. N.Y. 2004) Defended a corporation on an indictment alleging a massive nationwide fraud involving the billing of local telephone company customers. United States v. Dacunto, 2001 U.S. Dist. LEXIS 42 (S.D. N.Y. 2000-2001) Defended a securities broker in a criminal case involving a large scale conspiracy to inflate the trading price of several securities. Greater Bridgeport Area Foundation (1999) Retained by the Board to conduct an internal investigation. United States v. Pirro, 76 F.Supp.2d 478 (S.D. N.Y. 1999-2001) Trial and appellate counsel for a Certified Public Accountant charged in a high profile tax fraud case involving business deductions for 15 separate corporate entities over 5 tax years. United States v. Nosair, 854 F.Supp.251 (S.D. N.Y. 1994); 189 F.3d 88 (2d Cir. 1999) Trial and appellate counsel for lead defendant in a significant, complex, multi-defendant terrorism case. The defense case involved: a challenge to the obscure seditious conspiracy statute under the Treason Clause of Article III, Section 3 of the Constitution; invocation of the Classified Information Procedures Act (“CIPA”) to enable the defense to introduce evidence regarding U.S. Foreign Policy in Afghanistan during the Soviet occupation; a 9-month jury trial; and an appeal which consumes 100 pages of the Federal Reporter. People v. Salzarulo, 168 Misc. 2d 408 (Sup. Ct. N.Y. 1995-1996) Defended a union official on a large scale bribery indictment under the New York Organized Crime Statute (“OCCA”) United States v. Chavarro (“Operation Golden Pill”) (S.D. N.Y. 1992) Defended a client in a 68-defendant criminal case under the Tylenol Anti-Tampering Act of 1983, charging pharmacists with obtaining prescription medications through improper channels. Obtained a pre-trial dismissal of the Anti-Tampering charge and an acquittal at trial on the remaining charge of conspiracy to violate the Food and Drug Act. Associated Press v. Bell, 510 N.E.2d 313 (1987) Briefed and argued the leading New York Court of Appeals case regarding courtroom closure during criminal proceedings, and the conflict between the First Amendment right of press access and the Sixth Amendment rights of a criminal defendant. New York v. Class, 89 L.Ed2d 81 (U.S. Supreme Court 1986); on remand, 494 N.E.2d 444 (1986) Briefed and argued Fourth Amendment automobile search case in the Appellate Division and New York Court of Appeals. Drafted successful petition for certiorari and brief in the United States Supreme Court. Briefed and argued the remand before the New York Court of Appeals. |
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