Representative Matters

Driscoll & Redlich has achieved outstanding results for clients in cases that presented challenging and complex issues, both legal and factual. A sampling of representative matters—now concluded—are described below.

Tax Fraud

  • Sports agent for baseball player Darryl Strawberry was charged with aiding and abetting his client's evasion of taxes on income earned from baseball card shows. After a four-week federal jury trial, at which he was represented by Mr. Driscoll and Ms. Redlich, the agent was acquitted on all counts.
  • Twin brothers were charged with tax evasion arising out of their alleged failure to accurately report income from their concrete business. After a three-week federal jury trial, Mr. Driscoll's client was acquitted of all charges. His identical twin, represented by other counsel, was convicted.
  • Senior partner in an accounting firm was charged in a sealed federal indictment with conspiracy to evade taxes. On the basis of a motion filed by Ms. Redlich, the indictment was dismissed as time-barred based on its improper sealing by prosecutors.
  • Texas real-estate developer, represented by Mr. Driscoll, was charged with tax evasion and related crimes. After a three-week jury trial in federal district court in Texas, the client was acquitted of all charges.
  • Restaurant owner was charged with skimming cash receipts. Ms. Redlich successfully argued that the tax loss number attributed to her client for Sentencing Guidelines purposes was double what it should be, and achieved a sentence of six months home detention, permitting the client to remain actively involved in his business.
  • Art gallery owner was investigated by the Manhattan District Attorney's Office for conspiracy to evade New York State sales tax. Ms. Redlich successfully negotiated a corporate plea for the client, thereby averting a criminal prosecution of the individual and adverse collateral immigration consequences.

Securities and Accounting Fraud

  • Insider trading charges were recommended against a college professor and his wife after the SEC's Enforcement Division concluded that they had sold stock based on nonpublic information communicated by a family member. After reviewing the Wells Submission submitted by Ms. Redlich on her clients' behalf, the Commission concluded that no charges were warranted.
  • Foreign currency trader was charged in a federal indictment with a $100 million securities fraud. Mr. Driscoll negotiated a favorable plea for the client and was successful in arguing to the Court that a sentence of probation was the appropriate punishment.
  • SEC Staff recommended that an enforcement proceeding be commenced against a senior executive of a financial firm for aiding and abetting multiple securities violations, including unauthorized trading, the parking of securities, and stock manipulation. Ms. Redlich successfully argued to the Commission that the proposed charges were unfounded, and no action was brought.
  • Senior bond trader of a global investment firm was investigated by the SEC’s Enforcement Division for aiding and abetting a customer's false regulatory filings. After consideration of a Wells Submission submitted by Ms. Redlich on her client's behalf, the Staff elected not to recommend any enforcement action against the trader.
  • Internal accountant for public company was investigated for his role in misstating the corporation's earnings and the filing of false financial reports. Ms. Redlich successfully argued to federal prosecutors that, due to mitigating factual circumstances personal to her client, he should not be prosecuted for his conduct.
  • Individual convicted of securities fraud was represented by Ms. Redlich in an appeal challenging the legality of the restitution imposed by the sentencing court. After considering defendant's arguments, and prior to submitting its response, the government agreed to a substantially reduced restitution order.

Embezzlement

  • Store manager for high-end retailer was charged with embezzling store revenues to pay off gambling debts. Mr. Driscoll achieved a negotiated disposition with the prosecutor and the employer of partial restitution and no jail time for the client.

Immigration Fraud

  • Partner in law firm pleaded guilty to immigration fraud in connection with false visa applications submitted to the INS. Ms. Redlich argued for, and achieved, a probationary sentence for the client based on a number of mitigating factors, despite a Sentencing Guidelines range of almost three years and the Probation Office's recommendation of a custodial term.

Antitrust Violations

  • Insurance company executive was indicted for price-fixing. After a year-long trial in New York State Supreme Court, during which she was represented by Mr. Driscoll, the client was acquitted of all charges.
  • Buyer of print advertising materials for multi-national corporation was indicted for extensive bid-rigging conspiracy. Driscoll & Redlich negotiated favorable resolutions for the client with the Department of Justice and in a subsequent civil suit brought by the defendant's employer.
  • Executive of paper company was investigated by the Department of Justice for antitrust price-fixing violations. Mr. Driscoll successfully averted prosecution of his client.
  • A high-level executive of a chemical company was investigated for antitrust violations involving price-fixing and allocation of markets. Driscoll & Redlich's client was ultimately not prosecuted.

Racketeering/Labor Corruption

  • President of the Ornamental Ironworkers' Union was charged with multiple crimes relating to alleged labor payoffs from contractors. After a four-month, multi-defendant trial in federal district court, Mr. Driscoll's client was acquitted on all counts, while several co-defendants were convicted.
  • Accountant was charged under New York's Organized Crime Control Act with participation in a multi-defendant labor racketeering conspiracy, as well as related counts. Ms. Redlich, after filing an omnibus motion to dismiss the indictment against her client, successfully persuaded prosecutors to drop all charges against the accountant and to permit him to plead to a tax misdemeanor with no jail time.

Bribery

  • Attorney was indicted by the New York County District Attorney's Office for bribing a General in the New York Army Reserve to purchase computers marketed by the attorney's client. After a three-week jury trial, the attorney, represented by Mr. Driscoll, was acquitted on all counts.
  • A vendor of computer system installations was charged by the Manhattan District Attorney's Office with bribing the purchasing agent of a large financial firm. Mr. Driscoll achieved a resolution of a fine and probationary sentence for the client.

Computer Software Theft

  • A computer software company was charged by the New York Attorney General's Office with stealing proprietary software from a New York hospital and then selling it to an out-of-state medical facility. After a month-long trial, the company, represented by Mr. Driscoll and Ms. Redlich, was acquitted.

Healthcare Fraud

  • A supervising nurse at a nursing home was charged by the New York Attorney General's Office with Falsifying Business Records in the First Degree, allegedly in an effort to cover up the true circumstances surrounding the death of a patient. After a two-week jury trial, at which she was represented by Mr. Driscoll and Ms. Redlich, the nurse was acquitted. Her co-defendant was convicted.
  • Doctor was threatened with indictment for allegedly submitting fraudulent bills to Medicare for free drugs provided by pharmaceutical companies. Ms. Redlich and Mr. Driscoll argued to federal prosecutors in written and oral submissions that Medicare had not incurred any actual monetary loss, and no charges were brought against the client.
  • Radiologist was investigated for participation in a conspiracy to submit fraudulent invoices to Medicare for services not rendered. Mr. Driscoll ultimately persuaded federal prosecutors that the client was not a knowing participant in the conspiracy, and the doctor was not charged.

Environmental Crime

  • Head of New York City agency was investigated in federal criminal investigation of an allegedly unlawful discharge of sewage into the Hudson River. No charges were brought against the client, who was represented by Mr. Driscoll.

 

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