Listed below is a small sample of David Markus' cases. These summaries are provided for informational purposes only and not as any promise as to the outcome of your case. It is always advisable to request this sort of information from any potential lawyer you may hire. Material presented on the David Oscar Markus PLLC website is intended for information purposes only. It is not intended as professional advice and should not be construed as such.
United States v. Dr. Ali Shaygan. David Oscar Markus led the defense team to another first of its kind victory -- not guilty verdicts across the board on 141 counts against a doctor charged in federal court with selling pain medications. After a month long trial, the jury acquitted on all counts in less than a half a day, and after they announced the verdict, the jury hugged the lawyers and client. (Here's the Sun-Sentinel article and the Herald article). In addition to the acquittal, Markus uncovered prosecutorial misconduct and the federal judge heard two days of testimony from prosecutors and agents, after which the court ordered the government to pay Dr. Shaygan and his lawyers over $600,000. (Here's the AP article). Second chairing Markus at trial was Robin Kaplan, an associate at the firm, and Marc Seitles.
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. Mr. Markus' client was found not guilty on all counts. This was the largest prosecution ever in the Southern District of Georgia.
State of Florida v. Gale Fontaine. In the first case of its kind to proceed to trial in the State of Florida, Mr. Markus obtained a not guilty verdict in the trial of a business woman, Gale Fontaine, who had been charged with running a gambling house. The State had charged Ms. Fontaine and a number of other operators of "senior arcades", places where senior citizens could play machines for low stakes (8 cents). The other operators cut deals, but Mr. Markus obtained the first not guilty verdict in this area after a one week trial that was vigorously prosecuted by the State of Florida and covered daily by the local media. Here is the article covering the verdict, which was on the front page of the Ft. Lauderdale Sun-Sentinel, and here is a segment from NPR interviewing Mr. Markus about the case. Below is the picture from the Sentinel which was prominently placed above the fold on the front page.
Recent successful sentencing hearings: Although the Firm is known for its trial work, it is also brought in to criminal cases to fight for reasonable sentences where the individual has decided to plead guilty. For example, a CEO of a publicly traded corporation was charged in a 16-count securities fraud and tax fraud indictment. That indictment was dismissed after the Firm's investigation demonstrated that the cooperating witness had child pornography on his computer. Because of the Firm's work, the CEO was able to plead to a one count conspiracy charge and was sentenced to 4 years in jail even though his sentencing guidelines were over 25 years in jail. Read the coverage here. Other recent sentencings include a mortgage fraud defendant being sentenced to home confinement even though the guidelines called for over 2 years in federal prison, and a medicare fraud defendant being sentenced to probation even though the guidelines also called for 2 years in federal prison.
United States v. Gilberto Rodriguez-Orejuela and Miguel Rodriguez-Orejuela. This case involved the high-profile representation of the founders of the Cali Cartel. Mr. Markus represented Gilberto Rodriguez-Orejuela. Novel pre-trial motions concerning the extradition treaty, conditions of confinement, and the ability to represent the clients were being litigated while the defense was preparing for trial. The case ended up being resolved in an unprecedented agreement whereby the Rodriguez brothers were able to secure immunity in both the United States and Colombia for a number of family members, and in addition, were able to ensure that 28 family members were removed from the infamous OFAC list (commonly referred to as the "Clinton list")
Neither of the Rodriguez brothers are cooperating witnesses with the government. The case was covered all over the world. Below is the sketch from the final hearing and a picture from the news conference following the plea.
In Re Extradition of Ram Nandwani. This case involved Panama's request for extradition of a man wanted for a $16 million fraud. Mr. Markus filed a motion contesting the extradition, and thereafter the case was dismissed. Prior to that ruling, Markus had successfully argued that Nandwani should be released on bond pending the extradition request even though bond is almost never granted in extradition matters.
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 Mr. Carter'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. Mr. Markus' unique motion for mistrial garnered national attention.
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, her defense was that she did not know that the cocaine was placed there by someone else. Most noteworthy was Mr. Markus' first of its kind opening statement in which he challenged the government to call Ms. Dow as a witness. "Our defense was that the truth was on her side. We explained that she had nothing to hide and would gladly be a witness, even if called by the government." 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. Jessie Aguero, et. al: The well-known Miami cops case, where four City of Miami police officers were accused of obstruction of justice in connection with one Alex Anazco. Mr. Markus and co-counsel were able to demonstrate that Anazco was a career criminal not worthy of belief, after which the case was dismissed in the middle of trial. Mr. Markus also fought the government's excusal of Gloria Estefan as a juror in this case.
United States v. Jildardo Mendez. Of the 186 individuals charged with attempting to defraud the United States by falsely procuring a commercial driver's license, Mendez was one of the few who decided to fight. On appeal, Markus convinced the 11th Circuit Court of Appeals to reverse Mendez's conviction (in a published decision) for conspiring to defraud the United States.
United States v. Larry Green. This was a six week trial involving numerous snitch testimony and wiretaps. There were 7 co-defendants. Markus' client walked out of the courthouse after the not guilty verdict on all counts. He was facing life in prison.
United States v. Moran Shepkaru. This three week trial involved 10 counts of wire and mail fraud and conspiracy to commit those acts. After the jury acquitted Ms. Shepkaru of all the fraud counts, the judge granted a new trial on the conspiracy count. The government appealed this finding and the Eleventh Circuit Court of Appeals rejected the government's appeal on this ground.
United States v. Garland Hogan. Mr. Markus took over this case at the Supreme Court level after Mr. Hogan, a lawyer, lost at a trial and lost in the Eleventh Circuit. After the case was briefed by Markus, the United States Supreme Court reversed the judgment of the Eleventh Circuit and remanded the case for reconsideration. The case involved novel Blakely and Booker issues and was covered by the local media.
United States v. Miguel Martinez-Sotolongo. Mr. Martinez-Sotolongo was charged with obstruction of justice. After a trial, a jury found him not guilty of all counts.
United States v. Latrone Holton. This case was a demonstration of the use of the pre-trial motion. After Mr. Markus filed over 10 pretrial motions and then proceeded to trial, a jury acquitted Mr. Holton of serious federal charges.
United States v. Glenville Manyou. The government claimed that Mr. Manyou was in contempt of court for not testifying against his cousin. The court dismissed the indictment, granting Mr. Markus' motion that the indictment violated the double jeopardy clause.
United States v. M. N. The Secret Service, posing as 13 year old girls, engaged in a chat with Mr. M.N. over the internet. He was charged with attempting to induce a minor to engage in sex. The government was seeking a lengthy jail sentence. The district court agreed with the defense's motions for downward departure and sentenced Mr. M.N. to probation with no jail time.
United States v. Edgar Pratt. Mr. Pratt was charged in the Gloria Envias money laundering indictment. After successfully litigating numerous pretrial motions, the government dismissed on the eve of trial. The case was covered in the Miami Daily Business Review. Each of the other defendants was convicted.
United States v. Angel Esteban Rojas. Mr. Rojas was charged with possession of counterfeit U.S. currency. After Mr. Markus successfully litigated a motion to suppress statements, Mr. Rojas proceeded to trial. Despite finding the counterfeit currency in Mr. Rojas' wallet, the jury acquitted in less than 30 minutes.
United States v. Pamela Crouse. Ms. Crouse was charged with being a felon in possession of a firearm. The firearm at issue was a antique rifle used in World War I by her grandfather. Mr. Markus secured a dismissal of this federal case.
United States v. Danny Tarver. Although Mr. Tarver was the one charged with a crime, the case turned out to be a trial on the accuracy of identifications. The jury agreed with the defense and acquitted Mr. Tarver, even though four police officers "identified" him as the perpetrator.
State v. Dr. W.V. Dr. W.V., a child psychologist, was plucked out of his home one night and charged with capital sexual battery on the word of a very sick woman who claimed that she was violated 10 years ago. After aggressive litigation and investigation, the case was dismissed when we were able to show that Dr. W.V. was innocent of all the charges.
State v. I.D. I.D. was a hospital tech charged with sexual battery. After depositions, motions, and a full investigation of the case, Markus convinced the State to dismiss all the charges.
Mr. Markus has also represented a number of high-profile clients in DUI cases, such as well known chef Norman Van Aken and former Heat guard Robert Hite. Both DUI cases were dismissed.
