Steve was lead counsel for the President of a W.R. Grace Division in 2009 in what the EPA described as one of the most important, if not, the most important environmental criminal case ever brought. The defendants vigorously contested hundreds of legal issues pre-trial over a 4 year period in the District of Montana with the Court issuing over thirty published opinions and several of his rulings were appealed to the 9th Circuit resulting in two panel decisions and one en banc opinion before the case eventually went to trial. The case involved many novel theories of prosecution and after ten weeks of trial, following many motions in limine that were filed and granted, much of the irrelevant and highly prejudicial evidence was excluded. The government’s case against our client literally collapsed, leaving the government very little choice but to dismiss all charges against him, which they did on April 27, 2009.
Foreign Corrupt Practices Act (FCPA)
Steve has handled a variety of FCPA matters, including an internal investigation relating to possible FCPA violations by a recently acquired company, numerous representations of individuals in grand jury investigations, due diligence review of possible FCPA violations for a U.S. company purchasing a subsidiary with both U.S. and foreign operations, and has advised and counseled companies regarding compliance with the Foreign Corrupt Practices Act.
Government Contractor Fraud
Over the years Steve has represented numerous government contractors in connection with a multitude of issues including TINA violations, false timekeeping, false statements, false claims, kickbacks, bribery of government officials, and qui tam lawsuits. Almost all of these cases were resolved with no charges being filed or were settled on very favorable terms.
Handled a wide variety of public corruption cases on the local and federal level and has represented two high level White House officials in separate investigations by Independent Counsels. All of his clients were able to resolve these investigations without charges being brought or on very favorable terms.
Steve has represented numerous individuals in healthcare fraud and kickback cases. All cases were favorably resolved.
Steve has successfully represented both companies and individuals in grand jury antitrust matters. None of his clients have been prosecuted.
Steve has represented individuals under investigation by the IRS and in the only case indicted, his client, a lawyer, resolved the matter with a plea to a lesser offense for which his sentence was probation.
USA v. I-Chem Research, et al. 3:90-cr-00630-RHS (N.D. Cal.)
Client, I-Chem Research, was a government contractor client. Case settled on favorable terms.
USA v. Shafi, et al., 8:88-cr-00330-RAL (M.D. Fla.)
Client, a Manager of a Branch of BCCI, had all charges in connection with a bank money laundering case dismissed.
USA v. Schouman 4:94-cr-50058-BAF (E.D. Mich.)
Tax prosecution of a lawyer whose case settled on favorable terms.
USA v. Bullock 1:03-cr-00435-RJL (USDC DC)
Client, a union President, pleaded guilty to lesser charges in a multi-million dollar embezzlement scheme.
USA v. Bose, et al. 1:97-cr-00256-RMU (USDC DC)
Client was a government official whose case was resolved on favorable terms.
United States v. W.R. Grace, et al., (D. Mont. 2009)
Represented former President of the Construction Products Division of W. R. Grace who, with seven other defendants, was indicted with conspiracy to defraud the United States and violate the Clean Air Act. After we filed our Motion for Judgment of Acquittal, the prosecution concluded that there was insufficient evidence against the client for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted.
United States v. Bank of America, et al.
The firm represented Ally Financial, Inc, Residential Capital, LLC and GMAC Mortgage in the largest national joint state/federal government settlement in history. The case began with “robo-signing” investigation and then broadened into examination of the mortgage industry. The case involved 49 state attorney generals, 48 state banking departments, the Department of Justice, the Department of Treasury, the Department of Housing and Urban Development, the Consumer Financial Protect Bureau, and the Federal Trade Commission.
Foreign Corrupt Practices Act Experience