Representative Matters

Securities & Financial Fraud

  • Represented the CFO of Enron throughout civil, criminal, SEC, Congressional, and media crises after the company‘s collapse.
  • On appeal, reversal of the 24-year prison sentence of Dynegy’s Jamie Olis and, at new sentencing hearing, an 18-year reduction.
  • Dismissal of a federal mortgage fraud indictment before trial.
  • Defense of the Iraq “Oil-For-Food” investigation.
  • Represented corporate officers in the investigation of the Stanford Financial Group.
  • Defense of CEO of oil & gas company in Securities Exchange Commission investigation.
  • Represented one of three British citizens in the first prosecution that was filed following Enron’s collapse. Resolution of the case involved coordinating the transfer of the defendants to Britain with the U.S. Department of Justice’s Office of Enforcement Operations (OEO) and the British Ministry of Foreign Affairs.
  • Defense of the target of an investigation into the reporting and auditing of the oil and natural gas reserves of a publicly traded company.
  • Represented an individual in a theft of trade secrets matter involving the global computer-chip manufacturing industry. No charges were filed.
  • Jury acquittal on bank fraud. A related false statement charge was reversed on appeal.
  • Won a rare dismissal of all charges in an indictment alleging “money laundering” concerning international sales of cosmetic goods to Mexico. The federal court found a statute-of-limitations violation.

Internal Company Investigations & Civil Matters

  • Internal investigation of federal employment-discrimination claims on behalf of national home-improvement company accused of violations by the EEOC.
  • Successful defense of one of the largest will contests in Texas history.
  • Successfully defended a group of hotel owners in a civil asset forfeiture proceeding. The government sought to divest the owners of their interest in the hotel based on its patrons’ conduct and an alleged lack of security. The case was ultimately cited before Congress as an example of government overreach.

Anti-Trust & Commodities Trading

  • Acquittal in the “Marine Hose” International Price Fixing trial in West Palm Beach, Florida.
  • Dismissal before trial of an indictment alleging commodities “manipulation.”
  • On appeal, reversal of the 24-year prison sentence of Dynegy’s Jamie Olis and, at new sentencing hearing, an 18-year reduction.
  • Successful defense of executives in stock options dating investigations.
  • Defended a natural gas trader in a civil enforcement action brought by the Commodity Futures Trading Commission (CFTC) under the Commodities Exchange Act (CEA).
  • The defense of a senior executive in the investigation of the Dynegy—Project Alpha matter resulting in no charges being filed.
  • Represented owner of energy trading firm in CFTC investigation.  No enforcement action was taken.
  • Represented Japanese executive in DOJ price-fixing investigation.  No charges were filed.
  • Successful defense of the “Metal Building Insulation” price fixing trial.
  • Dismissal of indictment alleging price fixing and mail fraud in the “wooden windows” investigations.
  • Represented individuals in investigation related to computer parts, auto parts, and capacitors.  No charges were filed.
  • Represented individual in investigation of “heavy lift” industry.  No charges were filed.

Environmental Matters

  • Defense of the BP Deepwater Horizon oil spill indictment in United States v. Kaluza, defeating all charges. First, won dismissal of federal manslaughter charges on a “motion to dismiss” that was then affirmed on appeal in the Fifth Circuit. Then, won acquittal of oil pollution charges in jury trial in federal court in New Orleans. Read more about this victory in the case in The Wall Street Journal, Houston Chronicle, and two pieces in Texas Monthly.
  • The successful appeal United States v. Ahmad – establishing that water pollution is not a “strict liability” crime in the Fifth Circuit.
  • Represented public company in criminal RCRA investigation of hazardous waste disposal.  No charges were filed.
  • Currently represent public company in investigation of alleged “PSM/RMP” and “endangerment” violations leading to air emissions and injuries.
  • Currently represent individuals in investigations of 2019 explosions/fires in Houston.
  • Represented public company (pipe manufacturer) in state investigation of air and water pollution.  No charges were filed.
  • Represented manager of Waste Water Treatment Plant in investigation of unlawful discharges.  No charges were filed.
  • Represented owner of environmental consulting firm in Migratory Bird Treaty Act investigation.  No charges were filed.
  • Led internal investigation for public companies into allegations concerning oil pollution and endangered species.
  • Represented many ship captains and others in investigations of pollution at sea or false reports to the Coast Guard.
  • Represented refiner in grand jury investigation of alleged “Benzene NESHAPS” violations in Corpus Christi.
  • Represented major grain shipper in investigation of “manslaughter” at sea and pollution at the Port of New Orleans.

Foreign Corrupt Practices Act

  • Assisted individuals in several, separate investigations of suspected Foreign Corrupt Practices Act (FCPA) violations in Nigeria, Angola, and Azerbaijan.
  • Successful defense of a businessman in a Foreign Corrupt Practices Act (FCPA) investigation by DOJ concerning transactions in the Middle East.
  • In SEC civil action, successful defense of Noble oil-drilling executive charged with violating the Federal Corrupt Practices Act (FCPA) in Nigeria.

Healthcare Fraud & False Claims Act

  • Represented of healthcare company executive in False Claims Act litigation with parallel criminal investigation.
  • Represented healthcare marketer in DOJ and HHS-OIG investigation.
  • Represented licensed nurse in healthcare fraud investigation concerning allegations of kickbacks and improper billing.
  • Represented physician in investigation by hospital and local police department.  No charges were filed.
  • Dismissal of all charges in the “Spring Shadows” psychiatry fraud trial after six months of trial.
  • Represented area hospital in parallel civil and criminal investigations of potential kickbacks; no case was brought.
  • Representation of pharmacy in False Claims Act case in the Western District of Texas.
  • Represent doctor in constitutional challenge to Anti-Kickback Statute.
  • Represent executive in “average wholesale price” investigation.

Immigration

  • Defense of the “IFCO” immigration-hiring case, resulting in the DOJ‘s dismissal of all felony charges against the company‘s Vice President for Human Resources.
  • Civil DOJ investigation involving the hiring of “H2B” visa workers from Mexico.

Pardons, Compassionate Release & Other Matters

  • Won “compassionate release” from federal prison for inmate after BOP neglected his medical care. Read more about this here.  Subsequently freed seven more prisoners on compassionate release.
  • Represent children and families affected by college admissions and child abuse scandal at T.M. Landry. Read more about this here.
  • Defended Iranian-American in trade sanctions case who received Presidential Pardon in so-called Iranian “prisoner exchange” in 2016.
  • Represent individual charged in the “college admissions” (Varsity Blues) case in Boston.