LANDMARK FULL ACQUITTAL FOR NBA & CBA STAR
Patrick A. Mullin, a veteran criminal tax defense attorney, achieved a landmark verdict for his client, former star basketball player for the New York Knicks and Atlanta Hawks in the NBA and for the Beijing Ducks in the CBA, Randolph Morris, when a Lexington Kentucky federal jury acquitted Morris on 11 counts of criminal tax violations. During his 8 years with the Beijing Ducks, Morris won 3 CBA Championship titles, was twice selected as an All-Star, and was voted Most Valuable Player during the 2014 CBA Championships. Morris was charged with 8 counts of failing to report to the IRS income earned while playing for the CBA, as well as 3 counts for failure to report this income on his State of Kentucky tax returns.
Notably, the Lexington federal jury needed only 2.5 hours to enter its not guilty verdict on all 11 counts. Mullin stated that this speedy verdict should send a loud and clear message to the IRS that it cannot trample upon citizens’ rights and must exercise much greater consideration before utilizing its vast powers to pursue criminal charges against law-abiding citizens such as Morris.
According to IRS 2020 fiscal year statistics, more than 90.4% of IRS prosecutions result in conviction, and according to a 2019 Pew Research study, federal prosecutors obtain convictions in 99.6% of all federal criminal cases, which emphasizes how exceptional it is for a defense attorney to obtain a full acquittal on behalf of client, as Mullin was able to achieve for Morris.
Mullin noted that among other IRS tactics, two agents came to Morris’ home unannounced while he was in China and interrogated Morris by telephone as well as interrogating his wife in their home. Mr. Mullin stated that it is incumbent upon the Department of Justice to put its foot down and prohibit such flagrant invasions of privacy by the IRS.
A VERY RARE REVERSAL BY THE FOURTH CIRCUIT ON APPEAL
Earlier this year, Mullin secured, in a separate matter, a reversal from the U.S. Court of Appeals for the Fourth Circuit and release from detention for a 19-year-old defendant being held without bail. In so holding, the Fourth Circuit found that the District Court had committed “clear error” and that it was “troubled” with the District Court’s decision to hold the young man without bail. Thanks to the reversal obtained by Mullin, the client was able to return home to his family.
Mullin has a long history of achieving these rare victories for clients. In 2012, Mr. Mullin secured a full acquittal as to federal tax charges brought against a New Jersey businessman. In 2011, Mullin secured full dismissal of a 6-count federal indictment against a defense contractor charged with procurement fraud as a separate corporate plea, without jail time, was entered based upon key employee misconduct. In 2007, Mr. Mullin secured a full federal jury acquittal in Manhattan on 10 counts brought by the DEA’s Diversion Unit against a physician, marking its first full major reported defeat at that time.
