{"id":104018,"date":"2025-08-28T07:56:41","date_gmt":"2025-08-28T12:56:41","guid":{"rendered":"https:\/\/federal-lawyer.com\/?page_id=104018"},"modified":"2025-09-09T08:47:27","modified_gmt":"2025-09-09T13:47:27","slug":"victories","status":"publish","type":"page","link":"https:\/\/federal-lawyer.com\/victories\/","title":{"rendered":"Victories"},"content":{"rendered":"\n
<\/div>\n\n\n\n
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Healthcare Defense<\/a><\/div>\n\n\n\n
Corporate Investigations<\/a><\/div>\n\n\n\n
White Collar Defense<\/a><\/div>\n\n\n\n
Tax<\/a><\/div>\n<\/div>\n\n\n\n
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Healthcare Defense<\/h2>\n\n\n\n

United States v. Client \u2014 Attorney: Linda McNamara<\/em><\/h3>\n\n\n\n

In a case in the Middle District of Florida (United States v. Client), the government alleged that a physician, who owned a medical laboratory, was criminally responsible for the submission of more than $5 million in Medicare claims that were premised on unlawful kickbacks paid to marketers. The government threatened to indict the physician on charges of conspiracy, healthcare fraud, and money laundering\u2014charges that could have exposed the physician, if convicted, to 20 years’ imprisonment. By presenting a strong defense to the government pre-indictment, and by assisting the defendant in providing substantial assistance to the government in the investigation of those who were primarily responsible for any criminal conduct, we convinced the government to reduce the charges to a single charge of conspiracy. And, although the government still requested the court to sentence the physician to a term of imprisonment, we ultimately persuaded the court to sentence the physician only to a term of probation.<\/p>\n\n\n\n

United States v. Client \u2014 Attorney: Linda McNamara<\/em><\/h3>\n\n\n\n

In another case in the Middle District of Florida (United States v. Client), the United States charged a nurse with participating in a scheme to defraud Medicare of $1.3 million\u2014charges that could have resulted in a sentence of up to 20 years’ imprisonment. The government contended that the nurse had assisted the owner of a home-health agency in paying unlawful kickbacks to marketers to obtain referrals for patients. By convincing the government that the nurse had not had any direct responsibility for the unlawful payments, and by assisting the nurse in providing substantial assistance to the government in the investigation and prosecution of those who were directly responsible, we persuaded the government to reduce the charges to a single count of conspiracy. Although the government still requested the court to impose a term of imprisonment, as the sentencing guidelines advised, we ultimately convinced the court to impose only a probationary term.<\/p>\n\n\n\n

Client (Conspiracy to Commit Healthcare Fraud \u2013 S.D. Tex.) \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client was charged in the United States District Court for the Southern District of Texas with conspiracy to commit healthcare fraud. The government alleged that the client participated in a scheme involving the impersonation of a licensed medical professional despite not holding the necessary credentials, and that this conduct contributed to fraudulent claims within the healthcare system.<\/p>\n\n\n\n

Under the United States Sentencing Guidelines, the advisory range called for a significant term of imprisonment, reflecting the seriousness of the offense and the alleged harm to the healthcare system.<\/p>\n\n\n\n

At sentencing, our legal team delivered a persuasive and comprehensive argument addressing the mitigating circumstances of the case, the client\u2019s acceptance of responsibility, lack of prior criminal history, and the unlikelihood of reoffending. We emphasized that the goals of sentencing could be fully achieved without incarceration.<\/p>\n\n\n\n

As a result, the Court departed downward from the guideline range and imposed a sentence of probation, allowing the client to avoid prison entirely and remain in the community while fulfilling the conditions of supervision.<\/p>\n\n\n\n

Client (Texas) \u2014 DEA Prescribing Investigation \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client, a licensed physician, was under investigation by the Drug Enforcement Administration (DEA) for alleged improper prescribing of controlled substances. Following a detailed review of patient records and prescribing practices, we presented compelling evidence to the DEA demonstrating that the allegations were unfounded. The DEA dismissed the investigation in full, allowing the client to continue practicing without restriction.<\/p>\n\n\n\n

Client \u2014 E.D. Missouri \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

False Statements Involving Health Care Benefit Plan. Note:<\/strong> client terminated OPC before final disposition\/sentencing.<\/p>\n\n\n\n

Client \u2014 S.D.N.Y. \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Conspiracy to Commit Healthcare Fraud \u2014 Outcome:<\/strong> Client received time served.<\/p>\n\n\n\n

Client \u2014 E.D. Pennsylvania \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Conspiracy to Defraud and Receive Kickbacks.<\/p>\n\n\n\n

Client \u2014 N.D. Texas \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Conspiracy to Commit Healthcare Fraud.<\/p>\n\n\n\n

Client \u2014 N.D. Texas \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Acquiring and Obtaining Possession of a Controlled Substance by Misrepresentation.<\/p>\n\n\n\n

Client \u2014 S.D. Texas \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Conspiracy to Commit Healthcare Fraud.<\/p>\n\n\n\n

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Corporate Investigation<\/h2>\n\n\n\n

SEC v. Client \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

In SEC investigation for insider trading, received Termination Letter from the SEC not to recommend an enforcement action against client. No enforcement proceeding. No press release. No charges.<\/p>\n\n\n\n

SEC v. Client \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

After receiving a preliminary determination from the SEC to recommend enforcement action for insider trading by a high-ranking company official, successfully convinced the SEC to drop the case in full based on our Wells Submission. No enforcement proceeding. No press release. No charges.<\/p>\n\n\n\n

FINRA v. Client \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

Received “No Further Action” disposition letter from FINRA against FINRA-registered representative in investigation involving outside business activity and undisclosed beneficial ownership\/affiliations. No enforcement action. No injunction or ban from the industry. No press release. No charges.<\/p>\n\n\n\n

FTC Inquiry re: Google Reviews \u2014 Client \u2014 Attorney: Nicholas B. Johnson<\/em><\/h3>\n\n\n\n

Our client, the owner of a prominent and highly successful law firm in Los Angeles, came under investigation by the Federal Trade Commission regarding online reviews posted to Google. The FTC alleged that certain positive reviews may have been inauthentic and potentially tied to improper payments. We immediately engaged with investigators, addressed their concerns, and presented evidence and arguments demonstrating our client\u2019s good-faith business practices. As a result of our efforts, the FTC closed the matter with no prosecution, allowing our client to continue operating without penalties or reputational harm.<\/p>\n\n\n\n

Client (Arizona) \u2014 OIG Upcoding Investigation \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client, a behavioral health center in Arizona, was under investigation by the Office of Inspector General (OIG) for allegedly upcoding services billed to federal healthcare programs. After conducting a detailed internal review and presenting evidence to OIG demonstrating that the allegations were unfounded, the government dismissed the investigation in its entirety.<\/p>\n\n\n\n

Client (Arizona) \u2014 OIG \u201cServices Not Rendered\u201d Investigation \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client, a behavioral health center in Arizona, faced an Office of Inspector General (OIG) investigation over allegations that it billed federal healthcare programs for services that were never rendered. Through a comprehensive review of treatment records, billing data, and witness statements, we proved that the allegations were false and unsupported by the evidence. As a result, OIG dismissed the investigation in full.<\/p>\n\n\n\n

Client (Colorado) \u2014 OIG Reimbursement Investigation \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client was under investigation by the Office of Inspector General (OIG) for allegedly submitting improper reimbursements for personal medical expenses. Through careful review of the underlying documentation and applicable reimbursement rules, we substantiated that all reimbursements were proper and fully compliant with governing regulations. The OIG dismissed the case in its entirety.<\/p>\n\n\n\n

Client (Texas) \u2014 OPR Timecard Investigation \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client, a federal employee, was under investigation by the Office of Professional Responsibility (OPR) for allegedly forging time cards in connection with his official duties. After presenting evidence demonstrating that the allegations were false and unsupported, the OPR dismissed the investigation in full, clearing the client of any wrongdoing.<\/p>\n\n\n\n

Client (Utah) \u2014 OIG Outside Income Investigation \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client, a federal government employee, was under investigation by the Office of Inspector General (OIG) for allegedly failing to properly report outside income as required by federal ethics rules. After a thorough review and presentation of the facts, the allegations were found to be unsupported, and the OIG dismissed the case in its entirety.<\/p>\n\n\n\n

Client (M.D. Florida) \u2014 PPP Loan Fraud Inquiry \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client was the subject of a federal investigation for alleged Paycheck Protection Program (PPP) loan fraud. The government\u2019s inquiry focused on whether the loan proceeds had been misused in violation of federal program requirements. Through direct engagement with federal investigators and a thorough presentation of documentation, we demonstrated that the client\u2019s use of the funds fully complied with all applicable federal rules and regulations. As a result, the investigation was formally dismissed, and no charges were filed.<\/p>\n\n\n\n

FINRA v. Client \u2014 Attorney: John Sellers<\/em><\/h3>\n\n\n\n

FINRA issued a \u201cNo Further Action\u201d letter to Client (a FINRA-registered representative) after investigating outside business activity and undisclosed beneficial ownership\u2014no enforcement, no injunction or industry ban, no press release, no charges.<\/p>\n\n\n\n

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White Collar Defense<\/h2>\n\n\n\n

People v. Client \u2014 Attorney: Shrey Sharma<\/em><\/h3>\n\n\n\n

Achieved probation sentence in New York state embezzlement case where client faced up to 15 years in prison and prosecutor previously recommended incarceratory sentence. Client worked in accounting at an HVAC company in Long Island and was charged with embezzling hundreds of thousands of dollars by stealing vendor credits and redirecting them to personal accounts. The Suffolk County District Attorney’s Office charged Grand Larceny in the Second Degree and initially recommended a state prison sentence during plea negotiations. After comprehensive discovery review and negotiations, we convinced the prosecutor that a custodial sentence was unnecessary given our client’s lack of criminal history and willingness to pay restitution. The client received probation with no jail time.<\/p>\n\n\n\n

Client (Bank Fraud \u2013 D.N.J.) \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Our client was charged in the United States District Court for the District of New Jersey with bank fraud arising from allegations of unlawfully taking funds from bank ATMs and converting those funds for personal use.<\/p>\n\n\n\n

Under the applicable United States Sentencing Guidelines, the calculated advisory range called for a term of incarceration of approximately 30 months in federal prison. The government alleged that the offense involved a significant monetary loss and a breach of trust in connection with the banking system.<\/p>\n\n\n\n

Despite the seriousness of the charges and the recommended prison term, our legal team presented a compelling sentencing memorandum and oral argument highlighting substantial mitigating factors, including the client\u2019s personal history, lack of prior criminal record, acceptance of responsibility, and strong community support. We further argued that the purposes of sentencing\u2014deterrence, rehabilitation, and restitution\u2014could be fully achieved without the need for incarceration.<\/p>\n\n\n\n

The Court imposed a sentence of probation, representing a significant downward variance from the guideline range and allowing the client to remain in the community.<\/p>\n\n\n\n

Client (Conspiracy to Introduce Misbranded Items \u2013 D.N.J.) \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Charged in the District of New Jersey with conspiracy to introduce misbranded items into interstate commerce. Through investigation, negotiations, and mitigation, the Court imposed time served, enabling the client to satisfy the judgment without additional incarceration and to remain abroad.<\/p>\n\n\n\n

Client (Lying to a Federal Agent \u2013 D. Md.) \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Charged with making materially false statements to a federal agent (18 U.S.C. \u00a7 1001) in connection with a conflict-of-interest probe. After mitigation-focused advocacy, the Court imposed probation rather than prison.<\/p>\n\n\n\n

Client \u2014 Money Laundering Target Letter (Texas) \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Received a DOJ target letter for alleged money laundering. After a thorough defense presentation, the government dismissed the case and filed no charges.<\/p>\n\n\n\n

Client \u2014 FBI\/USFWS Investigation \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Under joint investigation by the FBI and U.S. Fish & Wildlife Service for allegedly stealing a rare butterfly and transporting it across state lines. After engaging with investigators and addressing factual and legal weaknesses, the matter was resolved with no charges filed.<\/p>\n\n\n\n

Client \u2014 E.D. Arkansas \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Obstruction of Criminal Investigation.<\/p>\n\n\n\n

Client \u2014 D. Colorado \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Theft or Embezzlement from Employee Benefit Plan.<\/p>\n\n\n\n

Client \u2014 D.N.D. \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Bribery Concerning Programs Receiving Federal Funds \u2014 Outcome:<\/strong> Time served.<\/p>\n\n\n\n

Client \u2014 W.D. Oklahoma \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Distribution of Controlled Substances \u2014 Outcome:<\/strong> Dismissed.<\/p>\n\n\n\n

Client \u2014 N.D. Texas \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Misprision of a Felony.<\/p>\n\n\n\n

Client \u2014 N.D. Texas \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Failure to Appear \u2014 Outcome:<\/strong> Dismissed.<\/p>\n\n\n\n

Client \u2014 N.D. Texas \u2014 Attorney: Ellen Comley<\/em><\/h3>\n\n\n\n

Wire Fraud.<\/p>\n\n\n\n

Client \u2014 Yellowstone National Park Disturbing the Peace Citation \u2014 Attorney: Nicholas B. Johnson<\/em><\/h3>\n\n\n\n

While visiting Yellowstone with a young child, client was involved in a verbal dispute initiated by another visitor and was struck from behind. After reporting the incident to rangers, both parties were cited for disturbing the peace and the matter was referred to the U.S. Attorney\u2019s Office. We persuaded federal prosecutors not to file charges, protecting the client\u2019s record.<\/p>\n\n\n\n

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Tax Law<\/h2>\n\n\n\n

In re Client \u2014 Attorney: Shrey Sharma<\/em><\/h3>\n\n\n\n

Declination to prosecute in a New York state criminal tax investigation involving false returns filed across multiple years by a third-party preparer. After preparation and voluntary interview with the New York State Tax Criminal Investigative Division, authorities declined criminal referral based on documentation showing preparer fault.<\/p>\n\n\n\n

United States v. Client \u2014 DOJ Tax Division \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

Declination of prosecution letter in a DOJ Tax Division investigation against a tax return preparer for aiding and assisting in the preparation of false tax returns. No charges. No plea. No press release. No injunction.<\/p>\n\n\n\n

IRS v. Client \u2014 March 2024 Audit \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

In an audit against a tax return preparer, eliminated all penalties related to improper tax return preparation, promotion of abusive schemes, or aiding in understatements. No injunction. No assessed penalties.<\/p>\n\n\n\n

IRS v. Client \u2014 2025 Audit \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

Eliminated all penalties against a tax return preparer via reasonable cause arguments, avoiding a referral to the Office of Professional Responsibility and any disciplinary action.<\/p>\n\n\n\n

IRS v. Client \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

Eliminated in full a quarter of a million dollars of an IRS penalty improperly assessed on a healthcare business client.<\/p>\n\n\n\n

IRS v. Client \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

Eliminated all information return penalties assessed by the IRS due to reasonable cause and comprehensive corrective actions.<\/p>\n\n\n\n

Client \u2014 ACA 1094-C \/ 1095-C \u2014 Attorney: Alina Veneziano<\/em><\/h3>\n\n\n\n

Eliminated about $650,000 in 1094-C and 1095-C associated penalties assessed by the IRS through a detailed abatement request and narrative, resulting in 100% penalty relief.<\/p>\n\n\n\n

IRS Investigation Discontinued \u2014 Attorney: Nicholas B. Johnson<\/h3>\n\n\n\n

For 5+ years, an IRS agent pursued Client, a financial planning firm. With our guidance throughout the process, the IRS issued a letter discontinuing the investigation with no action against Client.<\/p>\n\n\n\n

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Healthcare Defense United States v. Client \u2014 Attorney: Linda McNamara In a case in the Middle District of Florida (United States v. Client), the government alleged that a physician, who owned a medical laboratory, was criminally responsible for the submission of more than $5 million in Medicare claims that were premised on unlawful kickbacks paid … <\/p>\n

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