United States v. Rodrigo Hidalgo — In
an unusual pre-trial victory, David successfully obtained the dismissal of
two antitrust indictments against the Vice President of an airline. David won dismissal of the first indictment after demonstrating his
client's lack of participation in the conspiratorial meeting. With regard
to the second indictment, David filed a unique motion demonstrating that
the VP was simultaneously an employee of another airline which meant that
he was covered under the grant of immunity in that airline's plea
agreement. The DOJ fought hard against the motion, filing 9 pleadings in
opposition and calling multiple witnesses to testify in support of their
position. The Magistrate's lengthy order granting the motion to dismiss
was affirmed by the District Court.
United States v. Ali Shaygan — David represented Dr. Ali Shaygan, who was found
not guilty in federal court of all 141 counts against him on charges that he
illegally prescribed pain medications resulting in a death. Dr. Shaygan was
facing a minimum mandatory sentence of 20 years if convicted. After the acquittal, the court ordered the
prosecution to refund Dr. Shaygan over $600,000 in fees and costs due to the
government's misconduct. The government
appealed and reversed the fee award, but David has appealed the Eleventh
Circuit's decision that Hyde Amendment sanctions are not available as a matter
of law for the substantial prosecutorial misconduct that took place in the case
to the Supreme Court, where it is getting a great deal of press coverage. Although the 11th Circuit reversed the fee
award in a number of controversial opinions, it referred to David as an
"elite" and "superb" attorney.
United States v. Francesco Scaglia — This federal criminal antitrust trial involved over a million documents and
numerous cooperating witnesses from around the world. Although the trial took 4
weeks, the jury found Mr. Scaglia not guilty in less than 2 hours.
United States v. Edwin Rivera — This case involved 288 counts of RICO, Medicaid fraud, mail and wire fraud, and
over 500 boxes of discovery. The trial of these 10 defendants lasted 6 weeks.
David's client was found not guilty on all counts. This was the largest
prosecution ever in the Southern District of Georgia.
United States v. Francis Dow — The Government alleged that Ms. Dow, a fight attendant for British West Indies
Airways, carried 15 pounds of cocaine into the United States. Although she
admitted at the border that the luggage was hers and that she packed it, David defended her by showing that she did not know that the cocaine was placed there by someone
else. Most noteworthy was David's opening statement in
which he challenged the government to call Ms. Dow as a witness. Ms. Dow
testified and the jury acquitted her in 12 minutes. The verdict was recognized
as one of the top ten verdicts of the year by the National Law Journal.
United States v. Roderick Carter — The well-publicized G-case, Mr. Carter was charged with two drug counts and a
gun count. At his first trial, the jury (headed up with a foreman named
Innocente) acquitted Mr. Carter of the two drug counts and hung as to the gun
count. At the second trial, the district judge granted David's motion for
mistrial because there were too many Gs on the jury. At the third trial, a fair
and impartial jury consisting of all the letters in the alphabet acquitted Mr.
Carter of the remaining count. David's unique motion for mistrial garnered
State v. Rene Pedrayes — This case involved allegations that Wackenhut executives were involved in a
scheme to overbill the county on the Metrorail contract. The charges included
over 800 RICO acts. Shortly after David filed certain motions pointing out the infirmities in the prosecution, the state dismissed the case. David was honored for his work on this case by the Daily Business Review at its Most Effective