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Rothman & Associates Case Results

We will exhaust our resources to secure a favorable outcome!

Aggravated Battery

A client was charged with aggravated battery. The allegation was that he struck the alleged victim with his vehicle while the victim was riding his bicycle. With photographs and a polygraph and negotiations, we were able to convince the prosecutor to dismiss the charges.

Aggravated Battery Arrest

The son of a doctor, who owned his own business, was arrested and charged with aggravated battery. With investigation, we were able to obtain video footage refuting most of the allegations of the alleged victim. With additional factual and legal investigation, we submitted to the prosecutor our brief in support of dismissal. The prosecutor reviewed the submission and dismissed the case.

Armed Kidnapping

Client charged with armed kidnapping in which one of the alleged victims was shot and killed. One defendant went to prison for 15 years, our client pled to the reduced charge of accessory after the fact, put on probation and no conviction.

Aggravated Manslaughter Case

Aggravated Manslaughter Case that began in 2003 with the death of a juvenile detainee and our client, who was a nurse at the Juvenile Detention facility in Miami, being charged with aggravated manslaughter (30 year maximum sentence), and concluded in June, 2008, with the State dismissing all charges against our client. In between, the defense of this case took over 1,000 lawyer hours. Research, both factual and legal, was extensive. Motions were prepared, filed and argued. Then, the successful effort began to convince the three prosecutors the charges should be dismissed. This took dozens of hours of preparation, including the interview of several experts in three different disciplines (forensics, internal medicine and nursing). The case began as front page news that was followed by the indictment of a woman with over a quarter century of nursing experience. It culminated quietly when the State announced in late June, that it was abandoning the case against an innocent woman.

Armed Trafficking

Armed trafficking – heroin and cocaine case our client was facing potential life sentence. First attorney on the case did little preparation, filed a motion seeking to suppress evidence and lost. We took case over, conducted full investigation, found irrefutable evidence the arresting officer lied under oath, State dismissed this case.

Battery

Client was arrested and charged with felony battery. After a great deal of litigation, we were able to convince the State to agree to a reduced charge of simple battery, a misdemeanor and a short period of probation.

Bribery

A client, who had just been released from prison, was being investigated for crimes committed while in custody. The crimes included bribing a corrections officer. We were able to negotiate a settlement without the client being charged and with the wife of the client providing truthful testimony.

BUI

Case of boating under the influence, it was dismissed on motion of the defense claiming violation of statute of limitations.

Burglary, Possession of Drugs & Resisting Arrest

A soccer coach was charged with several felonies, including attempted burglary, possession of drugs and resisting arrest with violence. With fingerprint evidence, hair follicle analysis, a polygraph and investigation we proved the client was innocent and the case was dismissed.

Business Receiving Personal Benefit from Elected Official

One of our clients was a business owner who was providing business services to an elected official. The elected official demanded that the client provide the business services for the personal benefit of the elected official, without charge, or the elected official would preclude the client from obtaining an extension of the government contract. The client provided the business services. We were able to convince the prosecutor that the client was a victim and not guilty of criminal conduct and no charges were filed against him.

Carrying a Weapon on School Grounds

A student was arrested on two separate felony cases on school grounds, both of which involved an allegation he was armed. We were able to convince the prosecutor to treat the cases as one case, permit the client to enter a diversion program on both cases and thereafter both cases were dismissed.

Child Molestation

In a very delicate matter in which a teenager was accused of molesting the young son of a family friend, we were hired to intervene at a very early stage, before any arrest. Acting quickly, but extremely carefully, we negotiated a settlement that incorporated treatment for both individuals, but no formal charges being brought.

Child Molestation

Our client, a medical doctor, was accused of molesting his daughter. After substantial investigation and submission of numerous documents and records, we were able to convince the State not to file charges against the doctor.

Consensual Sexual Relationship – 2nd Degree Felony

A case where a consensual sexual relationship was charged as a second degree felony – maximum penalty 15 years in prison and designation as a sexual predator (this charge was formerly known as statutory rape) because our client was 24 years old and the young woman was 16 at the time of the liaison. After depositions, which were exceedingly difficult and delicate as the witnesses were the young woman, her older sister and her parents (along with the lead detective), psychological evaluations and several lengthy meetings with, following submissions to, the prosecutors, a negotiated settlement was reached to a reduced charge of felony battery with a withhold of adjudication (no conviction) and probation.

Conspiracy Fraud

Our client, a chiropractor, was charged with conspiracy to commit fraud and other crimes. This was a large federal fraud prosecution involving allegations of over-billing, billing for services not rendered and money laundering. The case involved hundreds of thousands of pages of records and documents. After two years, the government offered, and the client accepted, a negotiated settlement for probation.

Contempt

A lawyer-client hired us to defend him in a civil matter in which the opposing side was seeking a judicial order holding him in contempt of court. Through a series of meetings and several filings, we were able to resolve the matter and obtain an order dismissing the matter.

Contempt

We represented a lawyer who was about to be held in contempt of court. In one day’s time, we prepared and filed a response to the allegations and argued it to the court. The judge reversed his prior ruling and withdrew his order of contempt.

Contracting Without a License

Client was charged with a felony relating to contracting without a license. The case was dismissed based upon a motion we filed arguing the prosecution on this charge violated the United States Constitution.

Criminal Seizure/Forfeiture Case

We were hired by two legitimate business men from Venezuela who were being investigated because of their legitimate attempt to purchase an airplane in the United States for their construction business in Venezuela. This was a criminal seizure/forfeiture case in the Southern District of Florida, arising out of a federal drug and money laundering investigation. Based upon an extensive investigation, submissions made to federal court and the prosecutors, and negotiations with the United States Attorney’s office, not only did the government agree not to criminally prosecute our two clients, but they returned to our clients the entire sum seized, nearly $1 million.

Domestic Battery

A lawyer-client was arrested for domestic battery. We fully investigated the facts, obtained documents demonstrating the witnesses, including his soon-to-be ex-wife, were not being entirely truthful and interviewed a key child witness. The state refused to dismiss the case so it went to trial before a jury. The jury acquitted the client after deliberating for less than an hour.

DUI

In two separate cases, spanning a decade, the client was twice charged with driving under the influence of alcohol, resisting arrest with violence and battery on a law enforcement officer. All charges in both cases were dismissed.

DUI

Our client, licensed professional, arrested for leaving the scene and driving under the influence of alcohol. He was passed out, in the driver’s side of the vehicle, after running over several stop signs. Motion to suppress granted and case closed with plea to reduced charges and probation.

DUI

A young woman hired us to represent her in a case in which she was arrested for driving under the influence. We investigated the facts, determined there was a legal issue concerning the ability of the state to prove its case, prepared a legal memorandum and provided it to the prosecutor. The charge was dropped.

DUI Accident

A young college student we represented was charged is a serious accident case with driving under the influence. First, we were able to avoid felony charges. Then, through investigation and litigation, we were able to get most of the evidence suppressed and then the case dismissed. The client is now applying to law school.

DUI/Drug Possession

Driving under the influence, possession of cocaine and possession of marijuana. Case dismissed.

DUI & Resisting Arrest

Another high profile client was arrested and charged with driving under the influence, battery on a police officer and resisting arrest with violence. Negotiations resulted in a reduction of the case to misdemeanors and then, after investigation and motions, all charges were dismissed.

DUI – 3rd

A lawyer-client was charged with his third driving under the influence case. Facing mandatory jail time, through our investigation we were able to determine one of the two essential police witnesses was under investigation for bribery and we obtained a dismissal of the charge.

Drug Possession

Possession of heroin case. Case dismissed as we were able to convince State they could not prove possession.

Drug Possession

Client originally charged with possession with intent to sell drugs. First we were able to get the charge reduced to possession and then, we were able to get the case dismissed.

Drug Possession

Client, a college student was arrested for possession of drugs. We were able to convince the prosecutor to dismiss the charges.

Drug Trafficking

Client, who was not a US citizen and therefore faced deportation, was arrested and charged with trafficking in oxycontin and was facing 30 years in prison, with a 15 year minimum mandatory penalty. After substantial efforts, and presentation of mitigation to detective, prosecutor and chief prosecutor, we were able to convince the State to reduce the case to the least serious level of offense, a second degree misdemeanor.

Drug Trafficking

Another doctor-client was under investigation for drug trafficking related to the dispensing of pain medication. Before hiring our firm, the client made a statement to the FBI admitting certain criminal conduct. The prosecutor conducting the investigation offered a felony plea which would have resulted in incarceration and the loss of her medical license. The offer was rejected. Several memoranda were prepared and submitted to the prosecutor demonstrating that, at most a misdemeanor was appropriate. We were able to convince the prosecutor to offer a misdemeanor and the judge ordered our client to perform community service.

Embezzlement, Money Laundering & Fraud

In an unusual case, we were hired by a woman who had been accused by a foreign country of aiding and abetting a public official from that country of committing embezzlement, money laundering and fraud. The public official was in custody in the foreign country. We were able to convince the government that our client was duped into assisting the public official hide and use the stolen money, but that she had no knowledge of the source of the funds she helped him invest. The charges against her were dropped.

Extorting Money

Client was arrested, along with another young person and charged with extorting money from an individual in Naples, Florida. Based upon electronic evidence, including text messages, emails and web searches, we were able to prove the innocence of the client and the case was dismissed.

Failure to File Tax Returns

This case involved our representation of a chiropractor who had gone to trial with another lawyer and was convicted of three counts of willfully failing to file tax returns. We were hired to represent him at sentencing. The federal judge refused to extend the time for sentencing so we were forced to learn the case, review the trial transcripts and prepare for a complicated sentencing in less than three (3) months. The actual sentencing hearing lasted two days. In total, over two hundred fifty (250) hours were expended in the defense of the case. First and most importantly, we had to convince our client his defense at trial – that is, that he had a good faith belief that he did not have to file tax returns based on a theory well known to tax protestors, was folly. That took well over a month to accomplish. Thereafter, we convinced the client to construct a web site on which he debunked the tax protestor argument and accepted responsibility for his actions. Then we had him speak at his church to accept responsibility and reject the theory which he formerly espoused – we had it videotaped and played it at the sentencing and, along with preparing and filing a lengthy sentencing submission, prepared several witnesses, including an expert who proved the inaccuracy of the testimony of the Internal Revenue Service agent. The government sought 3 years in prison, the sentencing guidelines recommended two years in prison, but the judge sentenced the client to 11 months. Further, the judge granted our request, over the government’s objection, to recommend to the Board of Chiropractic that our client’s license not be suspended or revoked.

Fatal Accident

Former elected official under investigation for causing traffic death. We were able to convince the State not to file criminal charges. Because of the State’s delay, the statute of limitations prevented State from filing even an infraction.

Fatal Traffic Accident

Traffic accident where a young woman was involved in car accident, which was alleged to be her fault, in which one person died and three others suffered very serious injuries. Criminal case not filed.

Federal Criminal Investigation – Minority Hiring Practices

Federal criminal investigation relating to minority hiring practices of a multinational corporation. Beginning in July, 2004, and concluding nearly three (3) years later with the government entering into an agreement with our client, the company, not being prosecuted, but instead entering into a Diversion Agreement. This case involved dozens of witnesses, an extensive internal investigation including review of thousands of records and interviews of nearly fifty (50) witnesses, three different experts hired and used, legal and factual research and over seven hundred fifty (750) hours of representation. The client company successfully completed diversion and the case was closed.

Felony Assault

Client was arrested for a felony assault. Lengthy, intense investigation provided substantial proof that the client should not be formally charged and the case was dismissed.

Fraud

Client arrested and charged with fraud. Based upon a motion arguing a violation of the statute of limitations, we were able to get the case dismissed and the record expunged.

Fraud

Client, a medical doctor, was under investigation and about to be charged with fraud relating to resale of drug samples. We were able to convince the federal government not to file the charges.

Fraud

Client, a certified public accountant, was arrested on fraud-related charged. We were able to convince the prosecutor that he was not guilty of any crime and the case was dismissed.

Fraud & Money Laundering

Fraud and money laundering case related to one of the largest criminal fraud cases ever brought in South Carolina. Case settled for return of funds and no criminal prosecution.

Felony Battery Case

Client initially arrested for a felony battery, we obtained a reduction of the charge to a misdemeanor and then a dismissal of the case.

Fraud, Identity Theft & Conspiracy

A lawyer-client was investigated by the federal government for fraud, identity theft and conspiracy. After a lengthy defense investigation, we were able to convince the prosecutor no crime was committed by our client.

Fraud – Loan Modification Business Arrangement

A lawyer-client was investigated for fraud related to a loan modification business arrangement. We avoided both federal criminal and civil prosecution.

Fraud – False Documents to an Insurance Company

A lawyer-client was accused of preparing false documents to an insurance company in a personal injury case. We intervened immediately and dealt with the insurance company directly. We refunded the money paid out by the insurance company and agreed to be responsible for any additional costs or expenses. No criminal charges were brought.

Illegal Drug Sale

A young client was arrested and charged with sale of marijuana. In dealing first with the arresting detective and then the prosecutor, we were able to convince both to offer diversion, which is extremely unusual in drug case involving sale. The client completed the diversion program and the case was dismissed.

Illegal Drug Sales

Client, a college student, was arrested for selling drugs in his dorm room. First, we were able to convince the prosecutor not to file the case as sale on school grounds, and then, after the reduced charge was filed, we were able to convince the state to dismiss the charge altogether.

Illegal Drug Sales

A doctor-client was arrested and charged with operating a pill mill. Through investigation and research, we were able to build a case that demonstrated a substantial legal defense to the charges. With negotiations with the prosecutor, we were able to convince him to offer diversion. The doctor-client accepted and the case will be dismissed upon the passage of time and payment of costs of investigation and prosecution.

Illegal Sale of Drugs

Client was originally charged with selling drugs. We were able to get the charges reduced and negotiated a probation plea.

Insurance Fraud

Client, who is a medical doctor, was under investigation for insurance fraud related to an alleged false claim. No charges were filed in the case.

IRS Investigation

A young client who had been involved in making substantial deposits in various financial institutions was investigated by the Internal Revenue Service for cash reporting violations. Meeting with the agents and presenting supporting documents, we were able to convince the government that someone other than our client had committed the violations and our client was never charged.

Leaving the Scene of an Accident

Client was charged with leaving the scene of an accident involving serious bodily harm. We were able to convince the prosecutor to reduce the charge to a misdemeanor and close the case without any jail.

Leaving the Scene of an Accident & Drug Possession

Client was arrested and charged with leaving the scene of an accident and possession of cocaine. A non-citizen, he faced deportation if the case was not dismissed. We were able to get both charges dismissed.

Leaving the Scene of an Accident Involving Injury

A lawyer-client was arrested for leaving the scene of an accident involving injury. With a substantial factual investigation, we were able to prove to the prosecutor two things – first, the alleged victim, not our client caused the accident and second, the client pulled over as soon as possible and did not leave the scene. We used evidence obtained via the internet including overhead photographs of the location and information about and videos posted by the alleged victim. The case was dismissed.

Money Laundering

A client who had been stopped and detained by state and federal authorities was the subject of a criminal investigation for money laundering. At the time of the stop, the law enforcement officers seized a substantial amount of cash. We were able to negotiate a settlement of the case for no criminal charges and a return of half of the seized funds.

Money Laundering – Gambling Prosecution

This case involved rarely used statutes to prosecute my client who allegedly was running an international gambling operation that included regular appearances on radio in which he set point spreads and extolled his own ability to pick games. It was a gambling prosecution with allegations of money laundering. The law is unclear in some instances, and the issues were complicated. There was also an issue relating to the legality of a search of the premises. Ultimately, the case resolved by way of a negotiated settlement and the client was given a short prison sentence, followed by probation. The forfeiture issues were favorably resolved, as well.

Money Laundering, Structuring & False Statements

Client, not a US citizen, who was hired to build a $1,000,000 boat for a drug dealer and was then himself investigated and prosecuted for money laundering, structuring and false statements to law enforcement officers, avoided prosecution as we were able to convince the government to forego the criminal prosecution in return for a civil settlement.

Money Laundering & Unlicensed Money Transmittal

A Venezuelan businessman we represented was charged with money laundering and unlicensed money transmittal. He also had a civil forfeiture case brought against him based upon the same allegations. We settled the civil case for a return of a substantial portion of the money and then, based upon a legal and factual presentation to the prosecutor, we convinced her to agree to diversion for our client, an unheard of result in a case such as this, and, one year later, obtained a dismissal of the charges.

Nursing Abuse Felony

Client, who was a nurse, was charged with serious felonies relating to treatment of a patient. The charge first was reduced to a misdemeanor and then dismissed altogether.

Possession of Child Pornography

Our client was arrested and charged with one count of possession of child pornography and twelve (12) counts of promoting the sexual performance of a child. In one of the strangest cases I have defended, the client was accused of coaxing his two very young sons to commit allegedly obscene acts in a bathtub and filming them. The client’s defense was that his sons began acting strange after his estranged wife had them almost exclusively in her custody and since prior complaints he made against her by him had been ignored by the authorities, he decided to obtain irrefutable proof – physical evidence – by videotaping his two sons. The police obtained the video when our client went to them with his complaint and turned the video over to them. Legal research, hiring an expert on sexual disorders, review of numerous submissions by the client to the Department of Children and Families, review of several home movies from my client’s family, interviews of several witnesses and several submissions and meetings with the prosecutor ultimately resulted in a dismissal of all charges.

Possession of Drugs

Client was stopped, arrested and charged with possession of drugs in his vehicle. The case was dismissed.

Possession of Drugs & DUI

A high profile client was charged twice with possession of drugs and driving under the influence. The first case was dismissed by the prosecutor after intense negotiations. One month later, the second arrest occurred. That case also resulted in a dismissal, again, with substantial, difficult negotiations with the prosecutor leading to a resolution that included drug treatment.

Robbery & Battery

A teacher-client was charged with committing a robbery and a battery. The alleged victim was a doctor. A strong defense was mounted through intense factual investigation and legal argument. Ultimately, the robbery charge was reduced to petit theft and thereafter, the entire case was dismissed.

Sexual Assault

A well-known doctor was alleged to have sexually assaulted his own daughter. Conducting a substantial factual investigation we discovered fact witnesses who could and did refute the allegations. Along with a polygraph, we presented our argument to the detective leading the investigation. No charges were filed.

Stealing Money from the Elderly

A client was alleged to have stolen hundreds of thousands of dollars from an elderly person. Through negotiations we were able to work out a civil resolution and no charges were filed.

Unlicensed Money Transmitting

Client arrested on warrant for unlicensed money transmitting as he entered the United States. We proved client did not violate money transmittal statute. Case dismissed before an Indictment was issued.

Violation of Federal Currency Laws

Client was stopped entering the country on his private plane. He was accused of violation of federal currency laws. The case was negotiated for a civil penalty and no criminal charges were filed.

Violation of Laws Regulating Lobbyists

Case involving allegations of conflict of interest, violation of laws regulating lobbyists – no criminal prosecution, resolved by no admission and payment of fine.

Working Lawsuit

A client who had plead guilty several years ago using another attorney came to our firm because he was about to be fired from his job as a mortgage broker. With the change in the law, because of his plea, he was precluded from working in this industry. Based upon presentation of a strong mitigation argument, we were able to convince the prosecutor to agree to a motion to vacate the plea and sentence and dismiss the case.