Recent Notable Matters
Stunning Defeat for United States Attorney's Office
In a stunning defeat for the United States Attorney’s Office, after a ten-week jury trial where the government called 41 witnesses to the stand, it took less than twelve hours for jurors to return not-guilty verdicts on all counts for a CEO of a prominent engineering firm in Honolulu. The United States Attorney’s Office sought to portray campaign donations to the Honolulu prosecutor’s office as bribes. Nina Marino, argued to the contrary, persuasively demonstrating day after day the lack of evidence to substantiate the charges and that the campaign donations were just that: campaign donations and not bribes. Read about the full case, “Against All Odds.”
Dismissal of Workers Compensation Fraud Case
Secured the complete dismissal of workers comp fraud case filed against an attorney charged in an illegal referral and kickbacks scheme. Over the course of more than six years, Marino challenged by demurrer each charging instrument and succeeded, leaving the District Attorney with little choice other than to recharge using a different mechanism. After the final dismissal of the case, the Court ordered the dismissal with prejudice, foreclosing the District Attorney the ability to recharge. The District Attorney did not appeal the decision.
Probation Granted for 46 Counts of Misappropriation
Achieved Probation for doctor charged with 46 counts of misappropriation of public funds, embezzlement, and conflict of interest in relation to his management of two hospitals in Central California. Marino was the fourth attorney to represent the client. After intensive negotiations lasting over several months, Marino negotiated a probationary sentence. Marino then successfully moved for the early termination of probation, withdrawal of plea, and dismissal of the case.
Probation Granted for 6 Year Tax Evasion
Probation granted for husband and wife who failed to file and pay taxes for more than 6 years despite living a lavish lifestyle and receiving countless notices. Despite the losses more than $2.5M, 6 criminal felony charges and an aggravated white collar crime sentencing enhancement which mandates a state prison term, Marino negotiated probationary sentences for both clients, with the wife pleading only to a misdemeanor.
Probation Granted in 39 Count Felony Complaint
Probation granted to tech startup consultant who was charged in a 39 Count felony criminal complaint with defrauding four start up executives by receiving payment for consulting and not providing services. The client was also charged with multiple counts of false personation and an aggravated white collar crime enhancement which mandates a state prison sentence. Marino filed a demurrer to the criminal complaint which resulted in the dismissal of the allegations made by one of the four victims. Marino then focused on the work product performed by her client. Marino was able to establish that two of the remaining three purported victims received work product for their payment to the client opening the door for Marino to negotiate a resolution where the client would pay restitution only to the remaining purported victim, his felony plea to a single count was reduced to a misdemeanor and dismissed in a single day leaving him with no criminal record.
Probation Granted for Federal Charge
Probation granted for family of restauranteurs charged federally with failure to pay taxes. All told there were six members accused. After five years of investigation and negotiation, only three of the seven members were charged and pursuant to creative plea negotiation all received probation.
Federal Case Dismissed against Luxury Bag Dealer
Federal Case dismissed against luxury bag dealer charged with customs violations. Our client was an importer/exporter of luxury designer handbags. She was accused of the illegal importation of 100s of luxury bags worth more than half a million dollars as part of an international scheme in which false customs declarations were submitted in the importation of hundreds of Hermes bags from Europe and Asia, cheating the government out of significant duties. But the case began collapsing once we conducted our own investigation and litigated the actual falsity of the declarations which ultimately challenged the materiality requirement for the false statement regarding the bags’ actual values to Customs, a highly technical issue. Marino argued that the bags still would have entered the United States even if there were no false statements and thus the crimes, as charged, did not actually occur. On Jan. 26, U.S. District Judge Jeffrey S. White of the Northern District of California approved the government’s request to fully dismiss its criminal charges, bringing an end to nearly six years of litigation and negotiation.
Case Dismissed for Workers Compensation Fraud
Case dismissed against businessman charged with workers compensation fraud for failure to pay workers compensation premiums for his employees. The charges alleged losses exceeding half a million dollars. Marino researched and investigated the issue and presented compelling evidence to the District Attorney. After consideration of that evidence, the LA District Attorney dismissed the case.
Probation Granted in 27 Count Insurance Fraud
Probation granted in an insurance fraud case charging 27-counts despite prosecutor’s view that the client was one of the main masterminds in an 18-defendant felony insurance fraud scheme. After effectively presenting the deficiencies in the case to the District Attorney’s Office, the prosecution changed their opinion of the client’s role in the overall scheme. A deal was reached wherein the client would pay full restitution and receive probation. Later, due to COVID and the impact the pandemic had on the client’s business, the deal was renegotiated so the client could pay only part restitution and still receive probation. The initial offer by the District Attorney’s Office was 8 years.
Probation Granted in $150 Million Insurance Fraud
Probation granted for tax preparer indicted for multiple counts of money laundering, capping, and tax fraud in a $150M insurance fraud scheme. Over the course of several years, a series of hearings on motions to dismiss were filed and heard that strategically dismantled the case. Ultimately, all the money laundering counts (10 total), all the capping counts (2 total), and all the tax fraud counts (4 total) were dismissed by the court. Faced with the likelihood of having the final single conspiracy count dismissed, the District Attorney’s Office dismissed the case in its entirety only to refile a severely-scaled-down criminal complaint charging only the money laundering and conspiracy counts. After exposing the weaknesses in the prosecution, the case was resolved for a $5,000 restitution payment and two years’ probation.
