Cases
Representative Criminal Defense Work: White Collar Criminal Defense: Tried criminal cases in state
federal courts in multiple jurisdictions.
Represented clients in asset forfeiture matters in state
federal courts in multiple jurisdictions.
Serves as an expert witness in asset forfeiture law
procedure.
A history of vindicating clients accused of crimes,
of obtaining dismissals of felony
misdemeanor criminal charges in numerous cases.
For example: Represented a client who was wrongfully accused of fraud
obtained a dismissal of the indictment as a result of investigating the case
uncovering an embezzlement scheme involving the alleged 'victim' of the fraud.
Represented a client charged with credit card fraud
obtained a dismissal of misdemeanor charges
convinced the District Attorney to decline a felony prosecution based on evidence proving the client was innocent discovered during the defense investigation.
Represented a client charged with criminal false pretense,
successfully negotiated with the district attorney to have the charge rem
ed without presentation to the gr
jury.
Represented a client accused of criminal theft of government funds by a federal agency,
successfully negotiated a civil settlement with the U.S. Attorney, avoiding criminal charges.
Represented a state employee accused of submitting false reimbursement requests to a state agency,
convinced the agency that there was insufficient evidence to warrant referring the matter for criminal investigation.
Represented a college student accused of a Title IX violation, which involved an internal school investigation
a criminal investigation. The client was not found to have engaged in any wrongful conduct.
Obtained a favorable plea agreement in the middle of a Federal trial based on several discovery violations uncovered during trial preparation. The plea agreement permitted the client, who was caught on a small airplane with 150 pounds of marijuana, to avoid a disenfranchising conviction
to be immediately released
sentenced to time served.
Criminal
Civil Healthcare Litigation: Represents doctors
health care businesses under civil
criminal investigation by various state
federal law enforcement agencies. Scott has obtained resolutions that avoided criminal prosecution or conviction
allowed doctors to keep their medical licenses.
For example:
Represented two doctors
their practice during an investigation by the State Medicaid Fraud Control Unit. The investigation was closed with no criminal charges filed.
Represented doctors in several different cases who were under investigation by the DEA for pharmaceutical diversion. Negotiated resolutions in each case that avoided criminal charges
allowed the doctors to keep their licenses.
Represented a doctor who was under investigation in multiple states by the DEA for pharmaceutical diversion. Persuaded prosecutor not to pursue criminal charges,
helped the doctor regain her DEA license.
Represented a doctor under state
federal criminal investigation
negotiated a pre-trial diversion resolution in state court
a declination of the case in federal court. The doctor did not lose his medical license
was able to obtain a new DEA license.
Represented pharmacies
pharmaceutical distributors in both administrative
criminal investigations.
False Claims Act
Qui Tam Litigation: Represents companies
individuals named in False Claims Act or Qui Tam actions.
For example:
Represented a managed care company in Mississippi in a False Claims Act Qui Tammatter
obtained a contested dismissal of the case with prejudice before discovery began.
Represented a trucking company in Virginia against government allegations of false claims related to wage
hour regulations.
Represented a large multi-specialty group practice in a federal False Claims Act investigation,
obtained a pre-suit resolution without the imposition of penalties or double damages.
Represented a nationwide home health
hospice provider in a False Claims Act suit
obtained a settlement of the case without the imposition of penalties or refunded claims payments.
Represented individual physicians
health care practices in various False Claims Act cases in multiple federal districts.
Corporate Investigations
Healthcare Business Representation: Conducts internal corporate investigations on behalf of large
small companies into potential criminal conduct by employees
by outside entities,
to ensure compliance with Stark, Anti-Kickback, billing, prescribing
other regulations
rules.
Represents health care practices, providing advice
counsel in the various aspects of day-to-day operations, such as Stark
Anti-Kickback law implications of business activities, contract negotiation, medical billing, fair market value assessments
tax
other regulatory issues.
For example:
Represented an ambulatory surgical center during its efforts to exp
the services it offered, including acquiring new members
specialists.
Represents a non-profit mental health provider in various aspects of its business operation, including general day-to-day advice, before the Department of Revenue,
in negotiating complex physician employment contracts.
Represents a community based mental health service provider in all aspects of the provider's regulatory compliance program.
Represented a health care provider at trial in a retaliatory discharge case. Obtained a directed verdict in favor of the client at the end of the plaintiff's case.
Conducted an internal investigation at a large company,
guided the organization through the process of self-reporting
avoiding any adverse consequences.
Asset Forfeiture: Represented criminal defendants
claimants in criminal
civil forfeiture cases throughout the United States in federal
state courts, including:
The Southern District of Mississippi
The Northern District of Georgia
The Western District of Virginia
The Eastern District of Texas
The Northern District of Texas
The District of Delaware
The Southern District of Alabama
Represented a business owner
commercial l
lord in Texas whose tenant had exposed the client's commercial property to federal forfeiture. Persuaded the government to resolve the matter with no action taken against the business or the property.
Obtained the return of seized property both pre-
post- verdict. For example:
Obtained the return of $159,000 seized by local police during a traffic stop.
Obtained a reversal of a federal court's order declaring a client's mortgage void in a post-conviction forfeiture proceeding. The appeal was heard by the 11th Circuit Court of Appeals.
Represented a trucking company in Virginia during a federal criminal case. Advised the company's CFO on the legality of multiple transactions involving the sale
transfer of the company
its assets while the company was under indictment. The government sought a $40 million forfeiture, which was ultimately reduced to $2 million.
Obtained the return of $285,000 in a federal civil forfeiture case in Texas, despite the client being convicted in a parallel criminal case.
Represented a criminal defendant in an immigration case in the Eastern District of Texas,
obtained a dismissal of four parcels of real property that had been previously ordered forfeited by a jury.
Represented a claimant in a civil forfeiture in Mississippi
obtained the return of the entire $50,000 that was seized from the client by the Jackson Airport Police.
Represented a claimant in a federal civil forfeiture in Mississippi,
negotiated the return of all the seized money to the claimant.
Represented a claimant in a federal civil forfeiture case
negotiated a return of $26,000 in seized funds, despite the client being convicted in a parallel criminal case.
Negotiated the return of more than half the assets seized in a Mississippi traffic stop, resulting in $71,000
a truck being released by the police.
