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Case Results

Case Results - Example 2024

1. Sentence Below U.S. Sentencing Guidelines Recommendation

– federal court, Northern District of Texas, Fort Worth Division, re CM.  Client was indicted, and for sentencing, the client faced a very significant amount of incarceration time, as recommended by the Sentencing Guidelines.  At sentencing, the court varied downward from the recommended imprisonment range at the defense’s request based on various personal factors, including health issues and client’s addiction.

2. Dismissals

– Dallas County, Texas, re HG.  Client was indicted for a conspiracy / scheme to steal and sell electronics, including cell phones.  The State dismissed the charges of robbery and engaging in organized criminal activity.

3. No Revocations

– Dallas County, Texas re CH.  Client stood to be revoked on several pending probations based on new alleged activity and new Indictments for other charges.  Per negotiations and presentations of evidence, the State withdrew the revocation motions and continued client on supervision.

Case Results - Example 2023

1. Sentence Below U.S. Sentencing Guidelines Recommendation

– federal court, Northern District of Texas, Dallas Division, re AL. Client was indicted, and at sentencing, client faced a recommended sentence of a life imprisonment per the Sentencing Guidelines calculations. However, the plea and plea agreement, accepted by the court, provided for a statutory maximum of 20 years incarceration. Thus, the Client was not given a life sentence, but the 20 years due to the plea agreement entered into in the case.

2. Conditional Dismissals

– Wise County, Texas, re JC. Client was indicted for a felony possession of a controlled substance and a misdemeanor drug charge. From negotiations, the District and County Attorney’s Offices agreed to conditional dismissals, conditioned upon community service and other conditions to reach the dismissals.

3. No Indictment / No Charges

– federal court, Northern District of Texas, Dallas Division, re. SJ. Client was under investigation for alleged participation in an automobile floor planning scheme / conspiracy, wherein the participants obtained funding for automobiles that they sold through car dealers, making false statements about the status of financing and the status of the vehicles as collateral for lending. After presentations by the defense, the U.S. Attorney has declined to prosecute client.

4. Charge Reduced to Class C Misdemeanor

– Grayson County, Texas, re DW. After continued negotiations, Client’s state case charge was reduced to a Class C misdemeanor, which are how traffic citations / moving violations are charged.

5. Federal Sentence Less Than Sentencing Guidelines

– federal court, Northern District of Texas, Dallas Division, re AS. Client’s U.S. Sentencing Guidelines’ calculation recommendation was 262 – 327 months as originally written in the Pre-Sentence Report. (Per negotiations, the plea agreement capped the Client at 240 months maximum.) After advocating at sentencing that an enhancement added to the calculations should not apply, the Court agreed, which reduced Sentencing Guidelines’ calculations to 188 – 235 months. The client was sentenced to 188 months, much less than what the sentence could have been imposed.

6. No Indictment / No Charges

– federal court, Middle District of Florida, Tampa Division, re PH. Client was under criminal investigation by the U.S. Attorney’s Office and agents of the U.S. Food and Drug Administration for alleged sales and transportation of wellness products and devices that were not FDA approved. After providing company histories, records, and updated company information, the U.S. Attorney declined prosecution and closed the matter without any action.

7. Probation in a Federal Case

– federal court, Northern District of Texas, Dallas Division, re. JM. Client pled guilty to Bank Theft instead of proceeding to trial. The allegations were that checks deposited into and through client’s accounts were from a tax fraud scheme. Client was sentenced to probation although the U.S. Sentencing Guidelines’ sentencing recommendation was for at least 33 – 41 months’ imprisonment.

8. No Indictment / No Charges

 – federal court, Eastern District of Texas, Sherman / Plano Division, re EC. Client and her company were under criminal investigation by the U.S. Attorney’s Office and agents of the Drug Enforcement Administration (DEA) for alleged money laundering. The investigation started after an employee began accepting illegally obtained monies for the payment of company products, while not known by the Client. The unlawful employee kept the tainted money payments off company records to not alert the Client. After defense presentations to the U.S. Attorney’s Office and the DEA showing that the employee’s actions were his and not the Client’s involvement, the prosecution agreed to not proceed against Client regarding criminal charges and closed the criminal investigation.

9. No Indictment / No Charges

– federal court, Northern District of Texas, Dallas Division, re MC. Client was the subject of an IRS – Criminal Investigation Division criminal investigation into a tax preparation company where she was a lead tax preparer for people who paid the company to complete and file their federal tax returns. The allegations were making false statements with / for clients on tax returns and filing false tax returns. After submitting information to the U.S. Attorney’s Office clarifying what the Client did and at whose direction she worked, the U.S. Attorney’s Office agreed to not seek any criminal charge against Client.

10. Not a Target / No Charges

– federal court, Northern District of Texas, Dallas Division, re AD. Client was the subject / possible subject of an IRS – Criminal Investigation Division tax preparation investigation where Client worked for the main target of the investigation at the tax preparation service. Allegations were that employees were knowingly preparing false tax returns for customers for a fee. After discussions with the U.S. Attorney’s Office and agents, and after providing information about the workings of the office, the U.S. Attorney’s Office declined to consider Client a target of the investigation. Client will not be subject to prosecution.

11. Not a Target of Investigation / No Prosecution

– Cameron County, Texas, re JL. Client’s records were subpoenaed, and he was under investigation regarding THC products and marijuana trafficking. After providing information that the client’s company and products are being counterfeited and counterfeit products are being sold in Texas, the District Attorney’s Office declined to proceed with further investigation of Client or prosecution.

12. Dismissal

– Dallas County, Texas, re MG. Client was charged in state court in Dallas County for Burglary of a Vehicle. After continued discussions with the District Attorney’s Office, the District Attorney dismissed the case.

13. Dismissal

– Tarrant County, Texas, re PS. Client was charged in state court in Tarrant County with Assault – Bodily Injury. After providing statements and other evidence, the District Attorney’s Office dismissed the case.

14. No Charges / No Criminal Referral

– U.S. Attorney’s Office – Western District of Texas / Bexar County District Attorney’s Office, re JS. Client was accused of theft, embezzlement, and fraud while he was the financial officer and operating officer of a company. Continued presentations and discussions caused the company to retract any criminal referrals.

15. Dismissal

– Hill County, Texas, re MG. Client was charged with Failure to Identify with Intent to Give False Information. Defendant was charged after stop by law enforcement, and the District Attorney outright dismissed the case.

16. Dismissal

– Ovilla, Ellis County, Texas, re OE. Client was charged with Assault – Family Violence, Bodily Injury. The prosecution dismissed the case after presentations, and clarifications of fact by the alleged victim.

17. Dismissal

– Tarrant County, Texas, re HG. Client was indicted for Robbery / Engaging in Organized Criminal Activity, based on alleged participation with persons who robbed cell phone stores.

18. Dismissal

– Dallas County, Texas, re CH. Client was indicted for Possession of a Controlled Substance, after illegal substances were found in an abandoned car. The prosecution attempted to connect my client with the car, which belonged to a relative. After defense evidence, the State dismissed.

19. Significant Charge Dismissed

– federal court, Eastern District of Texas, Beaumont Division, re DA. Per agreement, the U.S. Attorney’s Office dismissed an indicted charge of Aggravated Identity Theft, which would have doubled the client’s sentence.

20. Dismissal

– Dallas County, Texas, re CH. From presentations to the District Attorney’s Office, Client’s Controlled Substance charge was dismissed.

21. Dismissal

– Collin County, Texas, re CH. Client was indicted for Fraudulent Use or Possession of Identifying Information. After presenting favorable evidence for the client showing that he did not know that the identifying information was in his presence, the District Attorney’s Office dismissed.

Case Results - Example 2022

1. No Enforcement Action / Suit

Northern District of Texas, Dallas Division, Fair Housing Act violations and potential related charges, re GL.  U.S. Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office, and HUD’s Office of Inspector General investigated client for potential criminal and civil enforcement action regarding allegations of discriminatory housing practices, misuse of federal funds, misuse of identities, and theft.  After presentations to the U.S. Attorney’s Office and the investigating agents, criminal charges were declined.  Also, the U.S. Attorney’s Office and the Department of Justice declined to pursue a civil enforcement action against the owner of the apartment complex for such allegations.

2. No Charges / No Indictment

(Related to #1; No criminal charges referenced elsewhere in 2o21) – Northern District of Texas, Dallas Division, Fair Housing Act violations and potential related charges, re GL. U.S. Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office, and HUD’s Office of Inspector General investigated client for potential criminal offenses regarding allegations of discriminatory housing practices, misuse of federal funds, misuse of identities, and theft. After presentations to the U.S. Attorney’s Office and the investigating agents, there were no charges sought against client. 

3. Home Confinement Instead of Prison Time in Federal Case

Southern District of Texas, Corpus Christi Division, Immigration Smuggling, re JDC.  The U.S. Attorney’s Office charged the client with Conspiracy to Transport Aliens in violation of federal criminal laws.  The client was facing prison time per the U.S. Sentencing Guidelines calculations after he pled guilty instead of proceeding to trial.  At sentencing, the defense made presentations and arguments for the court to order a non-custody sentence.  The judge ordered home confinement for six months, although the client was facing approximately two (2) years incarceration.  The client can continue his employment, yet beyond needed basic errands, the client will have a curfew during the home confinement period.

4. No Charges

Northern District of Texas, Dallas Division, Theft of Government Property and/or Conspiracy to Commit Fraud, re FH / BH.  Clients were under investigation for negotiating and using monies from the Social Security Administration, with allegations that the clients knew that they were not entitled to the monies.  After discussions with the U.S. Attorney’s Office, the government did not proceed on any potential charges.

5. No Charges

State of Texas, Dallas County, Allegations of Theft and Embezzlement, re DP.  The Dallas County District Attorney’s Office did not proceed on allegations given to the local police that the client had stolen monies from the complainant’s company and had also embezzled from company accounts.  After presentations to the detective and District Attorney’s Office, the DA’s Office declined to pursue any charges.

6. Dismissed Indictment

State of Texas, Dallas County, Allegations of Fraudulent Use or Possession of Identifying Information, re JR.  The case allegations were that the client used or possessed personal, identity information of a person in Dallas County, but the Indictment alleged use elsewhere.  The District Attorney’s Office outright dismissed the case.

7. Dismissed Indictment

State of Texas, Coryell County, Possession of Controlled Substance, 4 – 200 Grams, re MG.  Client was charged with possessing an illegal drug from allegations that occurred during a traffic stop.  The District Attorney outright dismissed the case.

8. Dismissed Indictment

State of Texas, Bell County, Unauthorized Use of a Motor Vehicle, re MSG.  Client was alleged to have stolen or used a stolen car, but he actually borrowed it from someone who received it as stolen.

9. Dismissed Charge

State of Texas, Bell County, DWI, re MSG.  Client was alleged to have driven a vehicle while under the influence of substances.

10. No Federal Charges

Western District of Texas – Client was stopped in a vehicle near the U.S. / Mexico border carrying illegal aliens, and he was arrested. The U.S. Border Patrol and other involved agencies eventually referred the matter to the local District Attorney’s Office, and not the U.S. Attorney’s Office for federal prosecution.

11. Sentence Below U.S. Sentencing Guidelines Recommendation

– federal court, Northern District of Texas, Dallas Division, Investor Fraud Case, re SG. Client was indicted for Conspiracy and Wire Fraud in an investment fraud case, and at sentencing, client faced a recommended sentence of 78 -97 months from the Sentencing Guidelines calculations. After presentations to the court at the sentencing hearing, the U.S. District Judge varied downward to a sentence of twenty-four (24) months.

12. Federal Case Offer Below Sentencing Guidelines Calculations

Northern District of Texas, Dallas Division, Health Care Fraud, re IJ. Client was indicted for Health Care Fraud, False Statements Relating to Health Care, and Conspiracy, based on allegations of false billing and fictitious records to support the billing. The U.S. Sentencing Guidelines calculations for the millions of dollars in losses was a recommendation of about 20 years incarceration, or more, depending on how the calculations applied. After presentations and negotiations, the U.S. Attorney offered an agreement for several years lower than the Guidelines calculations.

Case Results - Example 2021

1. Dismissal of Case

Theft – $100,000 +, Dallas County, Texas, re TB. Client was charged with fraudulently representing that he replaced a company’s computer system, when he supposedly did not use new computers and did not replace others.  After many discussions and challenges to the state’s evidence, the District Attorney’s Office outright dismissed the case.

2. No Revocation of Conditions of Release

Northern District of Texas, Dallas Division, re PH – Government’s Motion to Revoke Conditions of Release. The U.S. Attorney’s Office alleged that Client was soliciting the sales of securities in violation of his conditions of release.  Prior to the hearing, filed exhibits showing the allegations were not true. The U.S. Attorney’s Office withdrew its motion to revoke.

3. Dismissal of Case

Theft, Kaufman County, Texas, re JD.  Client was charged with fraudulently obtaining monies for services to be rendered.  After conducting our own investigation and making various presentations to the District Attorney’s Office, the District Attorney outright dismissed this theft case.

4. Dismissal of Case

Criminal  Deceptive Trade Practices, Kaufman County, Texas, re JD.  Client was charged with making false representations to a customer concerning his grant writing business.  After various factual presentations to the District Attorney showing the flawed state’s investigation, and legal arguments about the Indictment, the District Attorney outright dismissed the case.

5. Dismissal of Case

Aggravated Assault with a Deadly Weapon / Deadly Conduct , Dallas County, Texas, re DM.  Client was charged with felony aggravated assault as another driver on the highway claimed that client needlessly pointed a handgun at him.  After presentations to the District Attorney’s Office about self-defense and facts about the claim, the District Attorney’s Office abandoned the felony charge, and chose to proceed on the misdemeanor Deadly Conduct.  After continued presentations, the District Attorney’s Office dismissed the case.

6. Case Declined / No Charge

Possession of Controlled Substance, Moore County, Texas, re JM.  After the client’s incident, made continued presentations to the prosecution about the incident, the client, and positive attributes of client.  Prosecution declined to seek formal charges.

7. Dismissal of Case

Theft – $30,000 – $150,000, Johnson County, Texas, re TR.  Client was fired from his job as manager of a company that reported he had stolen equipment and monies by use of a company credit card.  After showing the District Attorney that purchases were legitimate, after and showing the District Attorney that equipment off company premises was used for work, the District Attorney agreed to dismiss the case.

8. Less Than Recommended Guidelines Sentence on a Federal Case

Northern District of Texas, Dallas Division, Securities Fraud, re PH.  Client was potentially facing approximately 210 – 262 months imprisonment as a sentence recommendation pursuant to U.S. Sentencing Guidelines. Client’s sentence was capped at sixty (60) months in the plea agreement negotiated with the U.S. Attorney’s Office.

9. No Charges / No Indictment

Northern District of Texas, Dallas Division, Fair Housing Act violations and potential related charges, re GL.  U.S. Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office, and HUD’s Office of Inspector General investigated client for potential criminal and civil enforcement action regarding allegations of discriminatory housing practices, misuse of federal funds, misuse of identities, and theft.  After presentations to the U.S. Attorney’s Office and the investigating agents, there were no charges sought against client.

10. No Charges / No Indictment

Northern District of Texas, Dallas Division, Passport Fraud, Wire Fraud, and Trafficking in False Passports, re OO.  Client was under investigation for illegal creation and sale of passports that were counterfeited with the use of a computer.  After presenting information about the client and the information on his computer, no charges were pursued.

11. No Charges / No Indictment

District of Columbia, PPP Fraud, re CR. Client was under investigation by the U.S. Department of Justice for providing false information about a company in order to obtain a federal PPP loan.  Client allegedly provided false information about employees and company sales numbers in order to increase the amount of the loan.  The government did not pursue an Indictment, especially after the defense informed the Department of Justice of client’s company information.

12. No Charges / No Indictment

Northern District of Texas, re DM. S. Treasury investigated client for allegations of creating False Tax Returns and Misuse of Social Security Numbers.  After presentations showing that the client had various tenants in rental properties, and that tenants were real persons, the government stopped the investigation.

13. No Charges / No Indictment

Eastern District of Texas, Texarkana Division, re CL.  Client was under investigation by the U.S. Attorney’s Office and the FBI for allegations of Money Laundering based upon deposits into his account.  The allegations were that the monies were from fraudulent sources, and that the client was a “money mule,” transmitting illegal monies for another person to conceal the identities and source of the monies.  After presentations showing the true origins of the monies / deposits, the government stopped the investigation.

14. No Charges / No Indictment

Northern District of Texas, Dallas Division, re BH.  Client was under investigation for Theft of Government Property and Social Security Fraud, based on allegations that client kept Social Security benefits of a deceased relative that continued after the relative’s death.  The U.S. Attorney’s Office did not pursue an Indictment after presentations by the defense showing no intent to commit a crime.

15. No Charges / No Indictment

Forgery / Embezzlement, Deaf Smith County / Taylor County, TX, re CM.  Client was alleged to have illegally taken monies from a relative’s bank account on different occasions.  Defense presented evidence that Client had authority to do so.

16. Less Than Recommended Guidelines Sentence on a Federal Case

Northern District of Texas, Amarillo Division, False Tax Returns, re PR.  Client operated a tax preparation business and was potentially facing approximately 46 – 51 months imprisonment as a sentence recommendation pursuant to U.S. Sentencing Guidelines.  Client’s sentence was capped at thirty (36) months pursuant to the plea agreement negotiated with the U.S. Attorney’s Office.

17. Cap of Sentence in a Federal Case

Western District of Texas, Midland Division, Felon in Possession of Firearms, re RT.  The court indicated that it would depart upwardly from the U.S. Sentencing Guidelines to a ten (10) years sentence due to other, relevant conduct by the client that related to the firearms charge.  Defense initiated a proposed agreement prior to sentencing for a specific sentence, being five (5) years, to which the U.S. Attorney agreed.  The client was then capped at the five years sentence, which the court accepted.

18. U.S. Customs and Border Protection’s Global Entry Approved

Re MM.  Client was denied an application for entry into the Global Entry program, which allows expedited entry through Customs when traveling abroad and returning to the United States.  Assisted the client with new, additional information for seeking this passport-enhancing program, and client was approved for Global Entry, making his international travel at the airport quicker and more efficient.

Case Results - Example 2020

1. Dismissals

Case A. Assault – Collin County, Texas, re MD. Numerous discussions and presentations to the Collin County District Attorney’s Office resulted in the DA’s Office dismissal.

Case B. Possession of a Controlled Substance, Nolan County, Texas, re AT.  After discussions with the District Attorney’s Office, the charge was eventually dismissed. 

Case C. Falsifying a Drug Test, Parker County, Texas, re AC. Client was alleged to have influenced or attempted to influence a drug test related to conditions of release. Case was outright dismissed after discussions with the prosecution.

2. Charges Declined

 Case A. Marijuana Possession, Dallas County, Texas, re JJ.  Client was arrested after an incident was reported, and information was given to the police department and District Attorney afterward, resulting in the declination of the charge.

Case B. Possession or Use of Identifying Information of Another Person, Tarrant County, Texas, re MM.  Client was arrested regarding information of a relative that he possessed.  After presentations to the District Attorney showing that the Client did not use the information to attempt to access an account or obtain a loan, this felony charge was declined.

Case C. Possessions of Controlled Substances, Rockwall County, Texas, re JB.  Client was arrested for possessing various substances, and the District Attorney’s Office declined charges for Lidocaine, Xylocaine, and THC after presentations to the DA showing the substances were not Client’s. 

3. Investigations Closed

Case A. CPS Investigation, Tarrant County, Texas re SM.  Investigation regarding with children at home closed with no action after discussions with, and information given to, the investigator.

Case B.  CPS Investigation, Tarrant County, Texas re SM. Another investigation regarding belief that child was at risk was closed with no action after discussions with the investigator.

4. No Charges / No Prosecution

Case A. Federal Investigation re Passport Fraud and Money Laundering, re MO.  Agents detained client at the airport and seized computers and other items from the home.  After presentations of information, the case was declined for prosecution.

Case B. Federal Investigation re Assisting in Fraudulent Tax Returns and False Statements to the Government, Northern District of Texas, Dallas Division, re CM. Agents investigated Client based on various persons using the same address for tax filings and related documents. After showing agents the reasons why persons utilized the address, and that the other persons were real persons, and not fictitious, the U.S. Attorney’s Office declined prosecution.

Case C. Investigation re Allegations of Embezzled Monies and Bank Fraud, Northern District of Texas, re BM. Investigation was prompted by allegations that Client had taken monies from an employer account for non-business uses. Contacts with employer and bank investigator resulted in no charges pursued.

5. Lower Sentence in Federal Case

Northern District of Texas, Dallas Division, re MG – Conspiracy case.  Client originally faced a mandatory minimum of ten (10) years per the Indictment, but negotiated an agreement removing the mandatory minimum.  Additionally, Client’s U.S. Sentencing Guidelines recommendation for prison was 168 – 210 months, and after the sentencing hearing, the court sentencing Client to 108 months.

6. Probation in Federal Case

Western District of Texas, Waco Division, re JP – Conspiracy to Defraud the Government, and Theft of Government Property.  Client was part of a scheme that provided false invoices to, and payment from, the VA.  The U.S. Sentencing Guidelines recommended imprisonment for Client, as in the vast majority of federal cases, but after a sentencing hearing with motions and evidence, the court sentenced Client to probation.

7. Dismissal of Case

Theft and Credit Card Abuse, Dallas County, Texas, re AH.  Client was charged with stealing / embezzling monies from previous employer via false invoices and using a company credit card for personal use.  After numerous presentations of evidence and potential witnesses’ statements, the DA dismissed the case.

8. Return of Client’s Diverted Wire Transfer

Return of Client’s Diverted Wire Transfer – re MW. Client wire transferred over $200,000 as a purchase payment, but the wire transfer was fraudulently diverted to an  account at a different bank. It appears that hackers inserted fraudulent wire transfer instructions to accomplish the diversion of monies. Assisted Client in getting 95% of the monies returned.

9. Variance Downward from Sentence in Federal Case

Northern District of Texas, Dallas Division, re EJ – Felon in Possession of Firearm case. The case evidence included connections to illegal drugs and trafficking. After a sentencing hearing, the court sentenced Client to lower than the U.S. Sentencing Guidelines recommended for imprisonment, as the court granted our motion to vary downward from the sentencing range. The variance was based on a number of personal factors and arguments about the application of the evidence.

10. No Revocation

Potential Revocation of Federal Supervised Release, Eastern District of Texas, re TB. Client was in violation of conditions of supervised release on
the federal case, and the U.S. Probation Office threatened to revoke Client’s supervised release, which would have sent him back to federal prison. After meetings and discussions with U.S. Probation, the probation officer and supervisor agreed to not pursue a revocation.

11. No Forfeiture / Return of Property

Case A. Potential Forfeiture of Seized Monies and Jewelry, Northern District of Texas, re CV. A significant sum of monies was seized along with jewelry in a related federal criminal case. Although the U.S. Attorney considered seeking a forfeiture of the monies and jewelry, after various presentations showing the source of the monies and items, the decision was no forfeiture.

Case B. Potential Forfeiture of Seized Monies, Dallas County, Texas, re KB. Several thousand dollars of monies were seized, allegedly related to criminal activity. The District Attorney’s Office filed a forfeiture action against the monies seeking a forfeiture, but after various discussions, the District Attorney’s Office dismissed the action and returned the monies. 

12. Correction of Judgment in Criminal Case

Dallas County, Texas, re KS. Client was sentenced to state imprisonment time, and after a passage of time, client was still not released. Found one of Client’s judgments issued with a mistake, filed a motion and had discussions with Texas Department of Corrections, the District Attorney, and the court. The court changed the judgment, which released Client from custody.

Case Results - Example 2019

1. 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.

2. No Charges / No Disciplinary Action

Case A. 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.

Case B. 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.

Case C. 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.

3. Charges Declined

Case A. Unlawful Carrying of a Weapon, Collin County, Texas, re CH. The 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.

Case B. 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.

4. 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.

5. 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.

6. 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.

7. No Forfeiture Action

Case A. 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.

Case B. 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.

8. 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.

9. 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.

10. 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.

11. No Charges / No Prosecution

Case A. 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.

Case B. Securities Fraud, Northern District of Texas, re PG. Allegations against the client included sales of unregistered securities, fraud in the sale of securities, and misapplication of funds.  Although there was an action by an agency, the client was not criminally prosecuted, as presentations included providing information that the client did not commit fraud.

12. 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.

13. 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.

14. 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.

Case Results - Example 2018

1. 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.

2. 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.

3. No Indictment / No Charges

Case A. 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.

Case B. 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.

Case C. 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.

Case D. 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.

Case E. 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.

Case F. Cooke County, TX re BK. State grand jury investigation into alleged securities fraud. After presentations to investigators, no charges sought.

4. Felony Dismissed

Dallas County, Texas, re NB. Case dismissed after presentations to the District Attorney’s Office.

5. 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.

6. 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.

7. 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.

8. 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.

9. No Contempt

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.

10. 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.

11. Two Year Sentence When Client Faced 25

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.

12. Assault by Contact Dismissed

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.

13. No Criminal Referral or Case

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.

Case Results - Example 2017

1. No Charges/No Indictment

Case A. 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.

Case B. No Charge / No Indictment – Conspiracy and Health Care Fraud – Northern District of Texas, re RM

Case C. 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.

Case D. 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.

Case E. 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.

Case F. 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.

Case G. 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.

Case H. 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.

2. Dismissal

Case A. 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.

Case B. 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.

Case C. 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.

Case D. 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.

Case E. 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.

3. 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.

4. Declined Charge

Case A. 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.

Case B. 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.

5. 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.

6. 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.

7. 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.

8. Felony Reduced to Misdemeanor

Felony Reduced to Misdemeanor – Dallas County, TX, re NB. Included non-reporting, as opposed to the standard reporting to a probation officer.

9. 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.

10. 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.

11. Allegations of Abuse of Elderly People

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.

Case Results - Example 2016

1. No Charges/No Prosecution

Federal investigation of synthetic drug trafficking, and no forfeiture, Northern District of Texas, re JY. Client was under investigation for trafficking in synthetic controlled substances, mainly spice. Client stood to loose a very large amount of money in accounts that could be attributed to proceeds of the trafficking, yet the U.S. Attorney agreed not to forfeit the funds.

2. Dismissal

Case A. Possession of controlled substance (cocaine), State of Texas, Dallas County, re GG. Client was found to have the substance when stopped by law enforcement, and through negotiations, the District Attorney agreed to dismiss upon conditions met.

Case B. Possession of controlled substance, State of Texas, Dallas County, re TS. Client was arrested for possession of the substance when stopped by law enforcement, and through negotiations, the District Attorney agreed to dismiss upon conditions met.

Case C. Possession of controlled substance, and unlawful carrying of a weapon, State of Texas, Dallas County, re KB. Client was arrested for possession of the substance and unlawful carrying of a weapon. Upon showing the District Attorney circumstances surrounding the arrest, plus after negotiations, the District Attorney agreed to dismiss, and dismiss upon conditions met.

Case D. Obstructing an Officer, State of Oklahoma, Canadian County, re PL. Client was charged with obstructing a law enforcement officer when he refused to submit to a request for a dna sample. Defense’s position was that client had the right to so refuse, and the District Attorney eventually dismissed.

Case E. Assault–domestic violence, State of Texas, Collin County, re KT. Client was alleged to have assaulted a girlfriend, yet from presentations of affidavits and photographs, the District Attorney’s Office dismissed against client.

3. No Charges/No Indictment

Case A. Criminal copyright conspiracy, Eastern District of Texas, re AV. Client was alleged to have been a part of “bootlegging” videos and music videos for sale. After negotiations and presentations about client’s mental state, the U.S. Attorney’s Office agreed to not indict client.

Case B. Possession of controlled substances, State of Texas, Denton County, re MN. Client was arrested for felony possession of controlled substances, and the arresting agency agreed that there should be no prosecution.

Case C. Felony evading detention or arrest, State of Texas, Dallas County, re JC. Client was arrested for evading detention or arrest in a traffic situation, and the District Attorney agreed to delay a grand jury setting at the defense’s request. After presentations of photographs, road maps, and a polygraph examination report, the District Attorney agreed to decline charges upon conditions.

4. No Charges

Possession of controlled substance, cyclobenzaprine, State of Texas, dallas county, re JR. Client was arrested for possession of the substance, yet after proving that the client had a legitimate prescription for that time period, the District Attorney agreed not to charge the client.

5. Probation in Federal Court

Conspiracy to commit visa fraud, Northern District of Texas, re RM. Client was alleged to have participated in an H1b visa scheme to entice foreign workers to come to the United States by promising jobs that did not exist, and related conduct. After presentations prior to the sentencing hearing, and argument at sentencing, client was sentenced to probation, although the U.S. Sentencing guidelines’ imprisonment recommendation range recommended a period of prison time for this offense.

6. Less Time than Sentencing Guidelines

Case A. Criminal tax case, Conspiracy to File False Tax Returns, Middle District of Tennessee, re JC. Client was indicted in federal court in Nashville, Tennessee for criminal tax charges based upon his tax preparation business activities. Through defense presentations and negotiations, the U.S. Attorney agreed to a recommended sentence of eighteen (18) months, when the U.S. Sentencing guidelines offense level’s prison recommendation was up to 78 – 97 months. Client was sentenced to the much lower sentence of eighteen (18) months.

Case B. False Statement to Obtain Passport, Middle District of Florida, re MAH. Client had used a false name and incorrect information to obtain a United States passport. Client pled guilty and attorney sought a sentence less than the recommended sentencing range from the offense level of the U.S. Sentencing guidelines. Client was indeed sentenced to less time than the recommended range.

Case C. False Statement to Obtain Passport, Middle District of Florida, re MRT. Client falsely used another person’s name and information to obtain a United States passport. Client pled guilty and attorney sought a sentence less than the recommended sentencing range from the offense level of the U.S. Sentencing guidelines. Client was sentenced to less time than the recommended range.

7. No Criminal Referral

Misappropriation of Fiduciary Funds, Theft, and/or Fraud, Travis County, TX or federal Western District of Texas, re LT. Settled with the victim company regarding unauthorized use of email lists, domain names, sales of product going forward, and related matters, which resulted in sales of products similar to the victim company. Client achieved sales of products using victim company’s customer lists and email lists without the knowledge or consent of victim company. No criminal referral by victim upon settlement.

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