Case Results ExamplesUpdated March 2018
Felony Reduced to Misdemeanor– Aggravated Assault with Deadly Weapon Allegation– Dallas County, Texas, re DM. Presentations to the Dallas County District Attorney’s Office convinced the DA’s Office that there was no evidence to support the felony allegation of Aggravated Assault. The District Attorney has proceeded with a reduced misdemeanor charge to dispose of the case.
No Charges / No Disciplinary Action— Potential Weapon Charge and School Disciplinary Action, School District in North Texas, re AO. School officials temporarily suspended high school student for having razor blades in his possession at a school function. Possessing razor blades, among other items, are prohibited by school policy, and the school was posed to send student to an alternate school for those who are problem students. Additionally, there was the possibility of a criminal referral for criminal prosecution of Weapon in a Prohibited Place, or a similar charge.
During discussions prior the scheduled hearing on the disciplinary matter, including discussions with the school district’s attorney, the school agreed that an alternate school was too harsh for the alleged violation. Also, the school dismissed the allegation and the student returned to class as normal. There was no criminal referral.
Charge Declined– Unlawful Carrying of a Weapon, Collin County, Texas, re CH. Client was arrested for a handgun in his car, with the weapon charge submitted to the Collin County District Attorney’s Office for prosecution. After continued contacts and submissions to the District Attorney’s Office, the District Attorney declined the case, that is, declined to proceed with prosecution.
S Visa Recommendation– U.S. Attorney’s Office, Northern District of Texas, re RM.Negotiated that the U.S. Attorney’s Office and Immigration and Customs Enforcement Detention would agree to recommend an “S Visa” for client. The S Visa assists client in his status as a resident.
Multi-Million Dollar Judgment Upheld – Moss v. Princip, etal., Fifth Circuit Federal Court of Appeals. Assisted on the plaintiff’s brief to the Fifth Circuit Court of Appeals regarding this case of contract damages, past royalties due, and tort damages, concerning an investment in a video games channel. Plaintiff’s significant judgment was upheld.
Charge Dismissed – Failure to ID, Kaufman County, Texas, re MS. Charge was based upon contact with law enforcement regarding a call from the client’s ex-husband. Charge was outright dismissed.
No Forfeiture Action – Seizure of Cash, Dallas/Fort Worth International Airport, re LP. U.S. Customs and Border Patrol agents detained client and seized $18,000.00 in cash. Presented our position to Customs/Homeland Security that the agents had no cause to detain client, and no evidence to show the monies were from illegal sources. Homeland Security thereafter decided to release the monies and not proceed with a forfeiture action.
Grand Jury No Bill (Refusal to Indict) – Sexual Assault of Child, Tarrant County, Texas, re EP. Client was accused of assaulting a teen female. Presented inconsistencies in the allegation to the District Attorney’s Office, history of the alleged victim, and a truthful polygraph result. Had discussions with the District Attorney’s Office about how this did alleged incident did not occur, and made these presentations to the grand jury, who declined to charge the client.
Declined Charge – Distribution of Prescription Medication, Williamson County, Texas, re AT. Made presentations and discussions with the State regarding giving prescription medication to another or other person. The State agreed that it could not prove the alleged charge.
No Charges Referred for Prosecution – Insurance Fraud Investigation, Collin County, Texas, re CS. Client was alleged to have made fraudulent claims for new roofs and payments, concerning damage to residence at different times. After discussing information with the investigator about other facts and evidence, the investigator closed the matter without referring charges to the U.S. Attorney or District Attorney.
Seized Money Returned / No Forfeiture – Alleged participation in Conspiracy to Sell Stolen Cell Phones, Dallas County, Texas, re KB. Cash was seized from client during a search, but eventually returned as District Attorney agreed with presentations that evidence did not justify forfeiture.
No Charges / No Prosecution – Embezzlement / Misapplication of Fiduciary Property, Northern District of Texas / Dallas County, TX, re BM. Client was accused of taking monies from employer accounts and converting for personal use. After discussions and presentations, no charges were sought.
Grand Jury No-Bill / No Charges – Aggravated Assault with a Deadly Weapon, Dallas County, TX, re DH. Client was accused of pointing a weapon at a person and making threats. Defense presentations to DA and grand jury panel resulted in grand jury refusing to formally charge client.
No Charges / No Prosecution – Securities Fraud, Northern District of Texas, re PG. Allegations against client included sales of unregistered securities, fraud in the sale of securities, and misapplication of funds. Although there was action by an agency, the client was not criminally prosecuted, as presentations included providing information that client did not commit fraud.
No Forfeiture – Seizure of Cash, Dallas, TX, re CV. Cash was seized from client’s residence during a search of the house by law enforcement. Although the cash was seized during the search, there was no forfeiture by the District Attorney’s Office after presentations by the defense.
No Disciplinary Action— Potential School Expulsion Action, School in Williamson County, Texas, re AT. School officials temporarily suspended high school student regarding an allegation of distributing prescription drugs at school. After a disciplinary hearing at school, student / client was not expelled, and was given credit for the alternate school days already attended.
No Charges / No Indictment– Conspiracy to Commit Health Care Fraud, Northern District of Texas, re AB. Client was targeted as a potential defendant regarding a health care fraud case, as he made referrals to certain doctors for a fee. Presentations to the U.S. Attorney’s Office showed that the services client sold were only associated with these doctors.
No Charges– Investigation, Texas Health and Human Services, Office of Inspector General, Dallas/Fort Worth, TX, re RC. After discussions and submissions of information, the Texas HHS investigator closed the matter without action.
Felony Reduced to Class C Misdemeanor, re SH – Possession of Controlled Substance– Dallas County, Texas. Presentations to the Dallas County District Attorney’s Office, including supervisors, resulted in the Client’s felony charge being reduced to a Class C Misdemeanor charge to dispose of the case. A Class C misdemeanor is in the same class of offense as a speeding ticket or citation for a moving violation in a vehicle, which are filed in municipal courts.
Six (6) Months Only on a Federal Case– Southern District of New York, Conspiracy, Wire Fraud, and Money Laundering re RM. Federal Indictment in New York for a value-added tax scheme of over $20 million, alleged to have occurred from Mexico and Texas, to and through New York City, wherein the defendants were alleged to have made it appear that their companies sold more product than in reality, so the defendants could return a percentage of the products sold, in order to obtain refunds from the Mexican government on the value-added tax supposedly paid when products were sold/shipped. Per negotiation, obtained concessions on a plea agreement, then without cooperation with the United States, and after filing a sentencing memorandum, made arguments to the court at the sentencing hearing. The court varied downwardly from the recommended imprisonment range on the federal Sentencing Guidelines calculations, sentencing the client to only six (6) months imprisonment.
No Indictment / No Charges– Eastern District of Texas, Sherman Division (Plano) Federal investigation for allegations of Conspiracy, Wire Fraud, and Identity Theft, re ST. Federal investigation into allegations that the client and others transferred and used monies received from a federal tax return scheme to benefit themselves and others. The allegations were that a scheme was created to file false tax returns with refunds diverted to accounts where the monies could be transferred elsewhere for their use. After presentations and discussions about evidence, the U.S. Attorney’s Office closed the investigation as to the client.
No Charges / No Indictment– U.S. Department of Justice / U. S. State Department, Altering a Passport, re MM. Detention of client overseas when client was traveling, after client submitted the passport to the U.S. Embassy. The passport had some items removed from it, which are supposed to remain intact. Client was detained for two (2) weeks without authorization to travel back to the United States, with the threat of prosecution for altering or changing a passport. After discussions with Embassy personnel, client was given a new passport and returned to the United States.
Felony Dismissed– Dallas County, Texas, re NB. Case dismissed after presentations to the District Attorney’s Office.
No Charges / No Indictment– Dallas County, Texas, Theft or Embezzlement, re AH. Client was alleged to have converted company materials by selling them for his benefit, and to have allegedly used company monies to purchase materials that he used and/or sold. After presentations to the company, and then the detective, there was/is no action taken.
No Charges / No Indictment– Collin County, Texas, Assault by Threats, re JL. Client was alleged to have used social media to have posted a threat against another person. After presenting evidence to the investigators, and questioning potential evidence against the client, no action was/is take.
Grand Jury No-Bill (Refusal to Indict)– Dallas County, Texas, two cases of Aggravated Assault with a Deadly Weapon, re DH. Client was arrested for allegedly pointing a handgun at two persons after an argument between them. After presenting statements, photos, and other evidence in client’s favor, the grand jury refused to formally charge (indict) client.
No Charges/No Indictment– Northern District of Texas re KB. Health Care Fraud allegation. Client was investigated for allegations concerning about billing for services not rendered and overbilling. After presentations with the U.S. Attorney, there were no health care charges pursued.
No Charges / No Allegation– Dallas County, Texas, Sexual Assault, re BF.Allegations were to be made against client regarding sexual assault and related conduct. After investigating for client, and making client’s position known, there was no complainant proceeding with allegations.
No Charges/No Indictment– Cooke County, TX re BK. State grand jury investigation into alleged securities fraud. After presentations to investigators, no charges sought.
No Action – Northern District of Texas, Potential Defendant in FraudSuit, re JH. U.S. Department of Justice investigated alleged fraud about representations concerning wind power investments. After presentations and discussions, client was not named in a suit, and he was not referred from criminal prosecution.
No Charges/ No Criminal Referral– Northern District of Texas, Securities Fraud and Misappropriation of Monies, re PG. Client was under investigation from investments into technology applications to the oil and gas industry, and defense information contained evidence of defendant’s real efforts.
No Contempt– re MP, Texas client, Florida court. A court ordered client to provide information that appeared to be beyond the scope of his Florida proceeding, and that conflicted with federal law. Eventually, the court withdrew the contempt order.
Less Than Recommended Guidelines Sentence on a Federal Case– Southern District of Texas, Revocation of Supervised Release re BA. Federal motion to revoke Client’s Supervised Release after incarceration on the original federal case based on a new State of Texas Indictment. Client was facing 30 months or more pursuant to U.S. Sentencing Guidelines calculations as a sentence recommendation. After presentations of evidence to the court at the revocation hearing regarding positive factors, and the reasons behind client being indicted on the new state case, the court sentenced client to eighteen (18) months incarceration.
Two Year Sentence When Client Faced 25 – Life, re RW – Possession of Controlled Substance– Kaufman County, Texas. Presentations to the Dallas County District Attorney’s Office about issues with the State’s case against client plus positive information about the client, resulted in an offer of two (2) years rather than the 25 – life he faced on the charge based on his criminal history.
Assault by Contact Dismissed, re CS – Rockwall, Texas. Presentations to the prosecution about the allegation of wrongful touching of a sexual nature, resulted in a dismissal.
No Criminal Referral or Case,– Austin, Texas. Client had allegedly applied for and received unemployment benefits while being employed and receiving income through the Texas Workforce Commission.
No Charges/No Indictment re Federal Investigation, re JT – Conspiracy to Commit Money Laundering – Northern District of Texas. Presentations to the U.S. Attorney convinced the U.S. Attorney that the Client was not a part of group of persons who had knowledge of, or participated in, illegal activities that provided monies that were spent on real estate and other investments.
Dismissal – Tarrant County, TX, Obstruction of Justice; Unlawful Carrying a Weapon (Firearm), re TS. Per negotiation, obtained a dismissal of the charges by showing unusual circumstances that lead to client’s attempted assistance with police officers, instead of obstructing or hindering them.
Dismissal – Dallas County, TX. Felony Possession of a Controlled Substance, re GG. Persuaded the District Attorney to dismiss the charge upon showing that another person placed a controlled substance in client’s bag.
No Charge/Declined Charge – Hood County, TX. Possession of a Controlled Substance, re SP. Persuaded the District Attorney to decline the charge upon showing that there is insufficient evidence to prosecute client.
Declined Charge – Dallas County, TX. Assault – Bodily Injury, re SM. Presentations to the District Attorney of photos and statements showed that the complainant had a history of physical abuse with the alleged defendant, and that the complainant had threatened the client/defendant prior to the alleged assault.
No Charge / No Indictment – Conspiracy and Health Care Fraud – Northern District of Texas, re RM
Probation on Federal Case – Eastern District of Texas, re RT. Conspiracy to Commit Mail Fraud, regarding allegations that client participated in a scheme to obtain and sell stolen cell phones and screens. Although a calculation of the U.S. Sentencing Guidelines range yielded a recommendation of several years imprisonment, the negotiations yielded an agreed sentence of probation.
Declined Charges – Dallas County, TX re AE. After presentations to the District Attorney’s Office about destruction of property allegations, and potential coercion or extortion of client, the District Attorney’s Office declined to proceed with any prosecution.
Dismissal of Federal Case – Eastern District of Texas, re RT. Indictment was dismissed that charged Conspiracy regarding stolen property and sales, allegations that client participated in a conspiracy to sell stolen cell phones.
No Suit or Enforcement Action – U.S. Securities Exchange Commission – New York City, NY, re TK. After allegations of improper/illegal revenue recognition by management of a large company that contracts with the United States government, as well as improper accounting controls, defense made several presentations of its own evidence to show that the client was not involved nor had any intent to commit any wrongdoing. The Securities and Exchange Commission decided to not take action against the client, and to not include client in an action(s) in which others were included.
Dismissal – Dallas County, TX. Theft, re LS. The State agreed to dismiss the Indictment for theft regarding a Hummer vehicle that was the subject property. Presentations to the District Attorney include the argument that the matter was really a civil suit, if any action, not a criminal case with criminal intent.
Felony Reduced to Misdemeanor – Dallas County, TX, re NB. Included non-reporting, as opposed to the standard reporting to a probation officer.
Misdemeanor Reduction / Probation on Federal Case – Northern District of Texas, re SA. Conspiracy case, wherein the client was originally listed as one of the top persons in the conspiracy. After presentations of items of evidence of which the government was not aware, and explanations of the conversations captured on telephone calls, the U.S. Attorney agreed to a misdemeanor. A felony conviction would have resulted in a U.S. Sentencing Guidelines recommendation of several years of incarceration.
No Charges/No Indictment – Dallas County, TX or federal Northern District of Texas, re RM. Health Care Fraud investigation, allegations of conspiracy to defraud by changing and manipulating billing codes at clinics, which allegedly resulted in insurance company payments for work not performed or over-billed. Presentations to agents convinced them that client did not do as others had and that some allegations were untrue.
No Violation of Probation – Collin County, TX re AE. After presentations of evidence to the District Attorney’s Office that revealed their information was incorrect about violations of probation, that office declined to take action on the violation allegations.
Dallas County, TX re PF. Allegations of Abuse of Elderly Person. Discussions with police department regarding lack of evidence and bias of complainants, lead to no charges against the client.
No Charges/No Indictment – Dallas County, TX re RW. Allegations of felony Assault. Client’s position was that he reacted to a situation wherein the client defended himself/herself.
No Charges/No Indictment – Cooke County, TX re SM. Allegations of Securities Fraud and Sale of Unregistered Securities. Presentations to the Texas State Securities Board regarding its investigation showed that the client did provide a service to the customers, and client’s position was that the items were not securities.
No Charges/No Indictment – Cooke County, TX re PA. Allegations of Sales of Unregistered Securities and related potential charges. Presentations and discussions with the Texas State Securities Board about evidence that client did perform the service intended, and that any misrepresentations were made by person(s) other than client.
Dismissal – Dallas County, TX re JC. Misappropriation of Fiduciary Funds. Client was indicted for allegedly taking an economic advantage of an elderly person for whom he provided care, as the complainant alleged that client converted an unauthorized amount of money up to a six-figure amount. Presentations and potential witness statements resulted in the District Attorney’s dismissal.
Dismissal – Dallas County, TX re KC. Abuse of Elderly (Economic). Client was indicted for abusing an elderly person for whom care was given, and the elderly person claimed various unauthorized amounts of significant monies were taken and used. Presentations to the District Attorney’s Office resulted in the D.A. dismissing the case, as client’s evidence showed otherwise.
No Charges/No Indictment – Northern District of Texas re KB. Health Care Fraud investigation. Client was investigated for health care fraud allegations concerning his company for billing irregularities and charging for procedures not completed. Presentations and discussions with the U.S. Attorney resulted in no Indictment for these allegations.
No Charges/No Indictment – Northern District of Texas re TB. Health Care Fraud investigation. Client was investigated for health care related fraud allegations concerning their clinic regarding billing procedures, over-billing, and billing for work not done. After presentations to the U.S. Attorney, there was no Indictment on these allegations.