Notable Victories

Judge grants acquittal in a clinical trial site fraud case.

Judgment of acquittal for owner of a clinical trial site in a multi-week trial in Miami as to the main wire fraud conspiracy charge. The DOJ alleged that client participated in multi-year fraud scheme in a clinical trial for asthma medications sponsored by Glaxo Smith Kline. The client approached Ms. Descalzo and attorney Andrew Feldman for trial. The client was the only one of Five defendants who proceeded to trial and several co-defendants testified against her at trial. Case No. 22-cr-20170-DPG (S.D. Fla.)

Jury verdict in favor of victim of labor trafficking.

Jury verdict in favor of client, a victim of labor trafficking. Marissel Descalzo and Kassandra Cabrera, represented the victim of labor trafficking by two wealthy Chilean restauranteurs. The odds were stacked against the client because the victim came willingly to the United States. Additionally, she did not have any available witnesses. The defendants had pictures of the victim at amusement parks and smiling with the children. Marissel and Kassandra beat the odds and won.

Dismissal of qui tam lawsuit alleging a scheme of reverse false claims.

Obtained dismissal of a qui tam lawsuit alleging a complex multi-party, “reverse false claims” scheme to evade payment of import duties by the USDA, FDA, Customs and others for cigars imported to the United States. The Court dismissed the False Claims Act case as barred by the FCA’s Tax Bar provision, 31 U.S.C. 3729(d).

Hung jury in anti-trust criminal case.

In a multi-week trial, the jury was unable to reach a verdict against the client as to the only count in the indictment – conspiracy to commit a violation of the Sherman Act. The client was the CEO of a national cargo company charged with fixing prices on fuel surcharges with other national companies. The case began with 4 defendants. Our client was the only one to proceed to trial.

Hung jury on count charging conspiracy to commit health care fraud.

Following a multi-week trial, the jury was unable to reach a verdict against my client on a charge of conspiracy to commit health care fraud and allegations of more than $1 Billion in losses. At the time, the case was touted as the biggest health care fraud prosecution. While the client was convicted on other charges, the government could not prove the health care fraud count.

Government declines to move forward with charges in PPP fraud investigation.

No charges filed against executives of a transportation and logistics company who were designated as “targets” of a PPP fraud investigation in the Southern District of Florida. Prosecution declined even though the prosecutor called numerous witnesses to the grand jury and served numerous grand jury subpoenas. The clients did not cooperate in exchange for avoiding criminal charges.

Government declines to move forward with charges in PPP fraud investigation.

No charges filed for the CEO of a securities and cryptocurrency trading company investigated for improper use of PPP funds. The client did not cooperate in exchange for the declination.

Government declines to prosecute doctor investigated for receiving kickbacks.

No charges filed for doctor accused of receiving kickbacks in the form of sham speaker fees in exchange for prescribing highly addictive fentanyl.  The investigation was part of the Insys scandal related to prescription of Subsys.  The client was one of the few not charged.  The client did not cooperate in exchange for the declination.  Information regarding the investigation can be found HERE.

Government declines to prosecute lab owner involved in toxicology tests.

No charges filed in investigation by government of a lab owner connected to millions of dollars of allegedly false toxicology tests. The remaining members of the conspiracy were charged and served more than ten years in prison. The client did not cooperate in exchange for the declination.

Obtained immunity for horse trainer connecting in wide ranging investigation of horse doping.

Obtained immunity for trainer in connection to a wide ranging investigation of horse doping brought by the Southern District of New York.  More information on the case can be found at Horse Doping Indictments.  

Government declines to file charges in public corruption investigation.

No charges filed for an elevator company accused of public corruption in relation to county contracts.

Government declines to file charges in public corruption investigation.

No charges filed for consulting company accused of public corruption in relation to city permitting.

Success on appeal. Vacated million dollar restitution award in AKS case.

 United States v Young, 108 Fed 4th 1307 (11th Cir. 2024): Vacated Million-dollar restitution award in Anti-Kickback statute case in an opinion which represents the leading Eleventh Circuit opinion governing any restitution awards based on convictions under the federal Anti-Kickback statute. The appellate decision followed the first trial where the government alleged kickbacks in connection with the promotion and dispensing of Terocin and Lidopro creams reimbursed by the Office of Workers Compensation Program via the Federal Employees Compensation Act (FECA). After a two-week trial, the jury acquitted the client of each of the allegations related to receiving kickbacks based on percentage compensation but convicted the client of paying kickbacks. 

Government agrees not to charge paramour of Proud Boys leader in connection with January 6 investigation.

Represented former paramour of Proud Boys leader in sprawling January 6th investigation after execution of search warrant at her residence involving seizure of assets and personal property. Client’s first lawyer was ready to walk her into a felony plea. After consulting with Ms. Descalzo and navigating grand jury proceedings, the government did not charge her.  The Proud Boys Indictment can be found HERE.  

Notable Representative Matters

Represented former treasurer of Venezuela accused of corruption and money laundering.

Represented former treasurer of Venezuela under Hugo Chavez and her husband the former head of security for Hugo Chavez. The trial marked the only time a foreign official in Venezuela proceeded to trial in the United States. Case No. 18-cr-80160 (S.D. Fla.). At sentencing, the court reduced the government’s proffered bribe amount by  100 million dollars. The case was also critical for defense attorneys because trial counsel created significant precedent for dual representation. Indeed, at the urging of the government, trial counsel suffered through 3 conflict hearings and each time (first opinion, second opinion) the magistrate determined there was no conflict.

Represent former Special Forces veteran involved in plot to overthrow Venezuelan President Maduró.

Co-counsel for former Special Forces veteran accused of violating the Armed Export Act and ITAR in connection with the exportation of firearms to Colombia supposedly used to assist with a coup to overthrow the Maduro government in Venezuela. The client has consistently claimed that the orders to supply firearms were from the U.S. government and he was acting at the direction of the U.S. government. Case No. 24-cr-00330 (M.D. Fla.)

Represented international yacht brokerage firm where government was alleging ties to Russia and sanctioned individuals.

Represented international yacht brokerage firm in internal investigation related to potential OFAC violations and violations of IEEPA in response to government’s seizure of the Amadea Yacht which in Fiji. Investigation involved interviews of foreign nationals, coordination with counsel in UK and Monaco, and coordination with DOJ’s Kleptocrat Task Force.

Notable Results At Sentencing

Loss number reduced by $110 million following trial thereby cutting potential sentence exposure by 75%.

Represented CEO of a drug rehabilitation center accused of engaging in health care fraud. The court granted a Rule 29 at the end of the government’s case on two counts. While client was convicted of five counts, the evidence at trial ultimately mitigated his sentence and convinced the court that the government’s loss number was inflated. Particularly, the government claimed the loss figure was $112 million. At sentencing, the court found the loss figure to be $1.5 million. This made a huge impact on the ultimate sentence. (Case No. 21-cr-06469, S.D.FL).

Non-jail sentence. Client accused of bribing officials.

Represented owner of a consulting company charged with bribing officials in order to expedite licensing and permitting for drug rehabilitation centers. Client received a non-jail sentence. (Case no. 22-cr-60158, S.D.FL).

Non-jail sentence. Client marketer for company involved in $463 million conspiracy involving genetic testing.

Represented lab company marketer that was prosecuted for his involvement in an alleged $463 million dollar conspiracy. The government alleged that marketers, like my client, were receiving kickbacks to induce doctors to prescribe unnecessary genetic tests. Client received a non-jail sentence. (Case no. 21-cr-60263, S.D.FL).

Non-jail sentence for client charged with money laundering. No cooperation.

Represented client charged with conspiracy to commit money laundering and money laundering. Client received a non-jail sentence. Client did not cooperate. (Case no. 19-cr-20363).

Non-jail sentence for client charged with conspiracy to evade taxes. No cooperation.

Represented client charged with a multimillion dollar conspiracy to evade import taxes on Chinese products. Client received a non-jail sentence. Client did not cooperate. (Case no. 24-cr-20545).

Non-jail sentence for client charged with paying kickbacks. No cooperation.

Represented client charged for his involvement in a wide ranging health care kickback involving home health aide services. Client received non-jail sentence. Client did not cooperate. (Case no. 16-cr-20462).

Non-jail sentence for client accused of health care fraud. No cooperation.

Represented pharmacy owner charged with conspiracy to commit health care fraud. Client was alleged to have submitted fraudulent claims seeking reimbursement for pharmaceutical items that were not delivered. Client received a non-jail sentence. Client did not cooperate. (Case no. 21-cr-20420).

Thirty-six month sentence in money laundering case alleging $300 million in funds laundered.

Represented Venezuelan banker that was accused of helping to laundering over $300 million dollar for Venezuelan government officials. Client sentenced to 36 months and was later granted compassionate release. (Case no. 18-cr-80054).

Notable Victories

Judgment of acquittal for owner of a clinical trial site in a multi-week trial in Miami as to the main wire fraud conspiracy charge. The DOJ alleged that client participated in multi-year fraud scheme in a clinical trial for asthma medications sponsored by Glaxo Smith Kline. The client approached Ms. Descalzo and attorney Andrew Feldman for trial. The client was the only one of Five defendants who proceeded to trial and several co-defendants testified against her at trial. Case No. 22-cr-20170-DPG (S.D. Fla.)
Jury verdict in favor of my client, a victim of labor trafficking. My associate, Kassandra Cabrera and I, represented the victim of labor trafficking by two wealthy Chilean restauranteurs. The odds were stacked against us because the victim came willingly to the United States and she had not witnesses, but for her own testimony. She also only worked at the home for 44 days. The defendants had pictures of the victim at amusement parks and smiling with the children. We beat the odds andThe biggest obstacle in these cases is convincing the jury that the victim could not just walk out the front door.
Obtained dismissal of a qui tam lawsuit alleging a complex multi-party, “reverse false claims” scheme to evade payment of import duties by the USDA, FDA, Customs and others for cigars imported to the United States. The Court dismissed the False Claims Act case as barred by the FCA’s Tax Bar provision, 31 U.S.C. 3729(d).
In a multi-week trial, the jury was unable to reach a verdict against the client as to the only count in the indictment – conspiracy to commit a violation of the Sherman Act. The client was the CEO of a national cargo company charged with fixing prices on fuel surcharges with other national companies. The case began with 4 defendants. Our client was the only one to proceed to trial.
Following a multi-week trial, the jury was unable to reach a verdict against my client on a charge of conspiracy to commit health care fraud and allegations of more than $1 Billion in losses. At the time, the case was touted as the biggest health care fraud prosecution. While the client was convicted on other charges, the government could not prove the health care fraud count.
No charges filed for a group of executives of a transportation and logistics company who were designated as “targets” of a PPP fraud investigation in the Southern District of Florida. Prosecution declined even though the prosecutor called numerous witnesses to the grand jury and served numerous grand jury subpoenas. The clients did not cooperate in exchange for avoiding criminal charges.
No charges filed for the CEO of a securities and cryptocurrency trading company investigated for improper use of PPP funds. The client did not cooperate in exchange for the declination.
No charges filed for doctor accused of receiving kickbacks in the form of sham speaker fees in exchange for prescribing highly addictive fentanyl. The investigation was part of the Insys scandal related to prescription of Subsys. The client was one of the fee not charged. The client did not cooperate in exchange for the declination. Information regarding the investigation can be found HERE.
No charges filed of prosecution for a lab owner connected to millions of dollars of allegedly false toxicology tests. The remaining members of the conspiracy were charged and served more than ten years in prison. The client did not cooperate in exchange for the declination.
Obtained immunity for trainer in connection to a wide ranging investigation of horse doping brought by the Southern District of New York. More information on the case can be found at Horse Doping Indictments.
No charges filed for an elevator company accused of public corruption in relation to county contracts.
No charges filed for consulting company accused of public corruption in relation to city permitting.
United States v Young, 108 Fed 4th 1307 (11th Cir. 2024): Vacated Million-dollar restitution award in Anti-Kickback statute case in an opinion which represents the leading Eleventh Circuit opinion governing any restitution awards based on convictions under the federal Anti-Kickback statute. The appellate decision followed the first trial where the government alleged kickbacks in connection with the promotion and dispensing of Terocin and Lidopro creams reimbursed by the Office of Workers Compensation Program via the Federal Employees Compensation Act (FECA). After a two-week trial, the jury acquitted the client of each of the allegations related to receiving kickbacks based on percentage compensation but convicted the client of paying kickbacks.
Represented former paramour of Proud Boys leader in sprawling January 6th investigation after execution of search warrant at her residence involving seizure of assets and personal property. Client’s first lawyer was ready to walk her into a felony plea. After consulting with Ms. Descalzo and navigating grand jury proceedings, the government did not charge her. The Proud Boys Indictment can be found HERE.

Notable Representative Matters

Represented former treasurer of Venezuela under Hugo Chavez and her husband the former head of security for Hugo Chavez. The trial marked the only time a foreign official in Venezuela proceeded to trial in the United States. Case No. 18-cr-80160 (S.D. Fla.). At sentencing, the court reduced the government’s proffered bribe amount by 100 million dollars. The case was also critical for defense attorneys because trial counsel created significant precedent for dual representation. Indeed, at the urging of the government, trial counsel suffered through 3 conflict hearings and each time (first opinion, second opinion) the magistrate determined there was no conflict.
Co-counsel for former Special Forces veteran accused of violating the Armed Export Act and ITAR in connection with the exportation of firearms to Colombia supposedly used to assist with a coup to overthrow the Maduro government in Venezuela. The client has consistently claimed that the orders to supply firearms were from the U.S. government and he was acting at the direction of the U.S. government. Case No. 24-cr-00330 (M.D. Fla.)
Representing Ecuadorian national and insurance broker in Seguros Sucre indictment related to the payment of bribes to foreign officials in Ecuador. Case No. 22-cr-20311 (S.D. Fla.
Represented international yacht brokerage firm in internal investigation related to potential OFAC violations and violations of IEEPA in response to government’s sseizure of the Amadea Yacht which in Fiji. Investigation involved interviews of foreign nationals, coordination with counsel in UK and Monaco, and coordination with DOJ’s Kleptocrat Task Force.

Notable Representative Matters

Notable Results At Sentencing

Represented CEO of a drug rehabilitation center accused of engaging in health care fraud. The court granted a Rule 29 at the end of the government’s case on two counts. While client was convicted of five counts, the evidence at trial ultimately mitigated his sentence and convinced the court that the government’s loss number was inflated. Particularly, the government claimed the loss figure was $112 million. At sentencing, the court found the loss figure to be $1.5 million. This made a huge impact on the ultimate sentence. (Case No. 21-cr-06469, S.D.FL).
Represented owner of a consulting company charged with bribing officials in order to expedite licensing and permitting for drug rehabilitation centers. Client received a non-jail sentence. (Case no. 22-cr-60158, S.D.FL).
Represented lab company marketer that was prosecuted for his involvement in an alleged $463 million dollar conspiracy. The government alleged that marketers, like my client, were receiving kickbacks to induce doctors to prescribe unnecessary genetic tests. Client received a non-jail sentence. (Case no. 21-cr-60263, S.D.FL).
Represented client charged with conspiracy to commit money laundering and money laundering. Client received a non-jail sentence. Client did not cooperate. (Case no. 19-cr-20363).
Represented client charged with a multimillion dollar conspiracy to evade import taxes on Chinese products. Client received a non-jail sentence. Client did not cooperate. (Case no. 24-cr-20545).
Represented client charged for his involvement in a wide ranging health care kickback involving home health aide services. Client received non-jail sentence. Client did not cooperate. (Case no. 16-cr-20462).
Represented pharmacy owner charged with conspiracy to commit health care fraud. Client was alleged to have submitted fraudulent claims seeking reimbursement for pharmaceutical items that were not delivered. Client received a non-jail sentence. Client did not cooperate. (Case no. 21-cr-20420).
Represented Venezuelan banker that was accused of helping to laundering over $300 million dollar for Venezuelan government officials. Client sentenced to 36 months and was later granted compassionate release. (Case no. 18-cr-80054).
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