The following are sample of cases which have been concluded with no charges being brought:
1. Medicare Fraud: A publicly traded durable medical equipment corporation with the highest net profit per share in the Central Florida area was accused by criminal investigators from HHS and Blue Cross/Blue Shield of extensive Medicare fraud in 1988 and 1989. A federal grand jury investigated this case for an extended period of time. During the investigation, we, along with the corporate CEO and general counsel, made extensive factual and legal presentations to federal prosecutors and agents. We were able to prove, to the U.S. Attorney?s satisfaction, that this was a non-prosecutable case, and on August 19, 1994, the United States Attorney, in keeping with SEC requirements, authorized an announcement that all criminal charges were declined.
2. Medicare Fraud: A Board Certified Cardiologist/Internist retained my partner and me two days prior to a proposed indictment being issued on fourteen counts of Medicare fraud for allegedly performing medically unnecessary LIMAs during catheterization procedures. The case was terminated pre-indictment after three and a half years of defense strategy wherein we proved to the government there was no fraud.
3. Medicare Fraud: My partner and I represented two Board Certified Invasive Cardiologists against allegations of false billings to Blue Cross Blue Shield, etc. Through utilization of investigative techniques, we identified a disgruntled former physician in the practice as the source of the allegations. We were able to prove that there was absolutely no violation of federal laws concerning billing practices.
4. Tax: An owner of one of the top three General Motors Auto dealerships in the Southeast was being investigated by a federal grand jury under the ?fast track? program for allegations of income tax evasion over a period of four years. It was alleged that he intentionally failed to report more than $120,000 a year of interest income generated from a million-dollar loan which he had given to his best friend. Through the use of tax experts and our own investigators, we were able to demonstrate that the allegations were false and that absolutely no taxes were due and owing. The investigation resulted in no prosecution and no civil penalties for negligence, fraud, etc.
5. Tax: Our Firm represented an individual and his family, who were the subjects of a federal grand jury investigation into allegations of tax fraud and money laundering. Simultaneous investigations of these charges in Orlando, Jacksonville, and NewYork resulted in no charges being brought and no civil fines or penalties levied.
6. In 1992, Bob Leventhal represented Innocent Bisangwa in the case of United States of America v. Fouad Sultan, et. al. This case involved conspiracy to illegally export TOW missiles to Uganda and other third world countries. Mr. Bisangwa was the Chief Military Attache to the President of Uganda. Charge were dismissed against Mr. Bisangwa prior to jury selection.
7. Defense Contract Fraud: In 1992, I represented a privately held laser optic company which provided the armed forces with laser equipment for combat simulation exercises. The company came under FBI and Department of Defense investigation due to allegations of manipulating test results of the laser equipment. The company and all personnel were cleared of any wrongdoing and the company continued to receive government contracts.
8. Tax/Money Laundering: I represented a Board Certified Orlando attorney, who was a member of the Board of Governors of the Florida Bar trial lawyers. The attorney was investigated by federal authorities for allegedly making false statements to federal prosecutors and IRS agents. He was alleged to have laundered more than one million dollars in legal fees. This investigation resulted in no indictment, no fees seized, and the attorney was permitted to continue representing his client.
9. Bob Leventhal represented an Orlando restaurant executive who was under State investigation for falsifying state sales tax reports an evasion of state sales tax. The investigation was dropped after a presentation was made to the Florida Department of Revenue.
10. An executive assistant to the Director of the Kennedy Space Center (NASA) was under Federal investigation for procurement fraud and obstruction of justice. Bob Leventhal, was after a thorough investigation by our Firm, able to have the investigation terminated.
11. Federal prosecutors in the Northern District of Florida commenced a Federal Grand Jury investigation into the owner of an insurance agency and his executive assistant (our client) relating to federal and state election law violations. Our firm was able to have the investigation terminated with no charges being filed.
12. Federal Elections Fraud Violations and Federal Income Tax Evasion, our office represented the Assistant to Chairman of the Board and Chief Operating Officer of a major insurance company, who along with our client was going to be charged with Federal Election Fraud, and Federal Income Tax evasion. The Federal government, the U.S. Attorneys Office, Northern District of Florida (Tallahassee), offered our client a plea bargain to testify against the head of the insurance company. We advised her not to take the ?plea deal? and ultimately convinced the persecution that Federal charges should not be brought against either our client or her boss. She ultimately received a de-targeting letter.
13. From 1996-1998, our office represented the larges car dealer in the Caribbean, he and his wife were being criminally investigated by the Federal Bureau of Investigation; the IRS and the Department of Justice, Criminal Tax Division. The allegations were being made of tax evasion, fraud, and money laundering. Through the use of a retired FBI agent and retired IRS agents we were able to convince the U.S. Department of Justice that our client properly paid all corporate and personal income taxed and did not commit fraud upon Ford Motor Company and thus was not guilty of money laundering.
14. From 1997- 1999, we represented a large real estate developer in the Central Florida area that the government maintained had not been reporting proper taxes for seventeen years. A search warrant was issued for his residence, his business and his mother and sisters residences by a SWAT team operation. We were able to show through the testimony of various family members that various monies spent on a number of his larger investments were loans from his elderly parents and sister, and thus not income. As a result we were able to convince the Department of Justice, Tax Division that there was a serious risk of litigation if they prosecuted this case. Our client was not criminally prosecuted and is no litigating civilly with the Internal Revenue Service in tax Court.
15. Criminal Tax Investigation of the CEO of a privately held company which distributed oxygen for home health care of the elderly and bed ridden patients. A disgruntled employee, we believe filed a complaint of criminal wrongdoing, against the company. The allegation was that literally hundreds of thousands of dollars of business expenses were in fact personal. We were able to prove that the employee was a liar and further prove that the business deductions were properly taken in the years in question.
16. Criminal Tax investigation of Guy Chiccone and his company. In March, 1995, in the early morning hours, Guy Chiccone?s personal residence was raided by an IRS/FBI Swat team to search and grab any and all financial records relating to his two extremely successful restaurants in the Fort Pierce area. Additionally, accompanying each of these raids were local television outlets to ensure adverse publicity for Mr. Chiccone and his restaurants. Mr. Chiccones restaurants were also extemporaneously searched by SWAT teams. The IRS was looking for records of ?skimmed cash? which were allegedly received in the restaurants for both meals and banquets. Allegations were made by the former banquet manager that the owner of the resturant was connected to ?organized crime? and was receiving large cash payments, which were allegedly not reported. We were able to prove that all monies were reported, that the informant was a convicted child molester on probation from Michigan, and that there could have been no ?skim? of the magnitude alleged. Criminal charges were not brought.
17. Nick Anderson, first round draft choice and career scoring leader for the Orlando Magic was accused of rape by a young woman prior to the commencement of the 1997-1998 basketball season. The alleged victims father, a member of a black elitists separation group tried to extort $600,000,00 from Mr. Anderson prior to the first game of the season. If the money was not paid, the father and daughter were going to the police and media. Mr. Anderson refused to pay the extortion. A press conference was held by the alleged victim and father and they picketed many of the Magic games at the beginning of the season. Mr. Anderson took a polygraph by the same polygraph examiner who cleared Richard Jewel in the Atlanta bombing case. It determined that Mr. Anderson was truthful in his response that the sex was consensual. We also showed that the alleged victim was lying based on DNA testing.
18. The C.E.O. of one of the largest repossession companies in the world was investigated by the FDIC and the U.S. Comptrollers Office. Allegations were made that the client caused false statements which understated the value of repossessed vehicles to be submitted to the repossessing bank so that the cars could be sold to a company that unknown to the banks was related to the client. The allegations were that the client sold literally thousands of cars that were significantly undervalued. However, through intensive investigation and statistical analysis, we were able to prove that the value of the cars and the fact that the client owned the purchasing company were immaterial to the banks. Moreover, we were able to show that much of the information upon which the allegations were based came from a disgruntled former employee who had sabotaged the company's computer network. We were able to demonstrate that this former employee stole $100,000.00 for which he was prosecuted by the State of Florida. No charges were brought against our client or his company.