News

Another Not Guilty Verdict!

A former marine was facing a 10-year minimum mandatory sentence in Broward county in a case involving a firearm. The State offered Mr. Rodrigues probation, but he was innocent and wanted a trial. And a trial is what he received -- Not Guilty on all counts in less than an hour of deliberation!

CASE DISMISSED

In the high-profile internet cafe case charging over 50 defendants in a huge RICO indictment, the Firm secured a dismissal for their business owner client before trial.

VICTORY! LIFE SENTENCE VACATED AND CLIENT RELEASED

After eight years of litigation and multiple appeals to the Eleventh Circuit Court of Appeals, the Firm won the release of a client who had been serving a life sentence on charges stemming from the Sal Magluta and Willie Falcon case. Yuby Ramirez has been freed from prison after David Oscar Markus persuaded the court to vacate her life sentence.

TWO CASES DISMISSED

Rodrigo Hidalgo, a vice-president of an airline, was charged in two separate federal indictments with criminal antitrust violations. David and Mona Markus filed a unique motion to dismiss, which demonstrated that Hidalgo was immune from prosecution. The federal judge issued a 49 page order dismissing all charges against Mr. Hidalgo.

U.S. NEWS LISTS BEST LAWYERS

Again in 2014, David Oscar Markus was named in Best Lawyers by U.S. News in White Collar Criminal Defense and non-White Collar criminal defense.

FIRM AND ATTORNEYS NAMED AMONG SOUTH FLORIDA'S BEST

The South Florida Legal Guide has once again named Markus & Markus as one of the top firms in Miami for 2014, and selected David Oscar Markus, Mona E. Markus, and Margot Moss to its list of Top Lawyers.

ANOTHER VICTORY!

Dr. Ali Shaygan was found not guilty in federal court of all 141 counts against him, which charged that he illegally prescribed pain medications resulting in a death. Dr. Shaygan was facing a minimum mandatory sentence of 20 years in prison if convicted. The jury hugged the lawyers and Dr. Shaygan after finding him not guilty in less than a morning, after a four week trial.

RECENT HONORS

Margot Moss has been elected as the President of the Florida Association of Criminal Defense Lawyers, Miami Chapter, for the 2014-15 term.

The 2011 Chambers & Partners reports that David Markus "comes highly recommend him for his criminal defense work. Clients describe him as 'a charming man of genius intellect, who throws himself into his work to achieve the best results for his clients.'" The 2010 Chambers & Partners said David Markus is "the whole package," and "a creative, courageous and tenacious courtoom advocate."

David Markus was one of 8 finalists in the nation for best White Collar Attorney in the United States by Chambers & Partners in both 2010 and 2011.

The 2013 SuperLawyers again named David Markus as one of best 100 lawyers in Florida as it has for the past number of years.

David Oscar Markus received the Rodney Thaxton "Against All Odds" award by the Florida Association of Criminal Defense Attorneys--Miami Chapter, and were named as finalists by the Daily Business Review as Most Effective Lawyers in the field of criminal justice.

David received the Eugene Spellman Criminal Justice Act Award for Excellence from the Southern District of Florida in 2013.

NOT GUILTY!

After a month long trial, a jury found Francesco Scaglia not guilty in less than 2 hours. This was a federal criminal antitrust trial prosecuted by the Department of Justice. Despite being on video-tape and on a number of documents, the jury did not believe that Francesco was a knowing participant in the cartel.

Case Dismissed!

A high-publicity case against an executive charged with over 800 RICO Acts was dismissed after David Markus and Margot Moss exposed the government's lead witness to be incredible through pretrial investigation and motion practice.

BREAKING!

Mr. Markus was named a 2009 Florida SuperLawyer for White Collar Criminal Defense Representation and was listed in the 2009 Chambers & Partners for White Collar Crime & Government Investigations, which stated that Markus is a "man who gets consistently great results." The 2008 version said he had "impressive victories" and that "he really means business" when fighting for his clients.

NOT GUILTY!

In a first of its kind trial about the legality of adult arcades, a jury in Broward County found David Markus' client, Gale Fontaine, not guilty of all counts in less than a day of deliberations.

VICTORY!

After filing a motion contesting the extradition of man wanted in Panama for a $16 million fraud, the request for extradition was dismissed.

CONVICTION REVERSED!

After briefing and oral argument by David Oscar Markus, the 11th Circuit Court of Appeals reversed Jildardo Mendez's conviction for conspiring to defraud the United States.

NOT GUILTY!

After a six week trial and seven days of deliberations, a federal jury in Savannah, Georgia found David Markus' client, a high level health care executive, not guilty of all counts in a 288-count indictment alleging RICO, mail fraud, wire fraud, and health care fraud.

VICTORY!

David Oscar Markus won a new trial in federal court for Moran Shepkaru (accused of fraud and conspiracy). The government appealed, but the Eleventh Circuit upheld the decision to award a new trial.

VICTORY!

David Oscar Markus won an acquittal on all counts for Larry Green after a 6 week trial in federal court. Although Green was facing life in prison if convicted, he walked out of the courtroom with his family and friends.

 

Click here to view David's resume

David Oscar Markus is a magna cum laude graduate of Harvard Law School. The National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his federal trial victories as one of the top ten defense verdicts in the country that year. 

He is known for his creative approach to cases, which leads to wins in trials and appeals.  For example, in a recent trial victory, David not only beat all 141 counts in federal court for a doctor, but then won attorneys' fees and costs of over $600,000 for his client in a first-of-its-kind victory.  Based on that case, he was awarded the highest honor -- the Rodney Thaxton "against all odds" award -- by the Florida Association of Criminal Defense Lawyers. Although the 11th Circuit reversed the fee award in a number of controversial opinions, the court referred to Markus as an "elite" and "superb" attorney.  (See page 9 here).  In another case, David challenged the way the federal court system in Miami selected jurors (alphabetically by last name) and won, which changed the jury selection process in the District (click here and here for more details). After obtaining a fair jury, Markus' client was found not guilty.

Based on this type of creative and unique lawyering, in 2010, he was one of eight finalists in the country for best white-collar criminal lawyer in the country by Chambers & Partners, which quoted market sources saying that David is "the whole package," and "a creative, courageous and tenacious courtroom advocate."  And he was named to that very prestigious short list of 8 best white-collar criminal defense lawyers again in 2011 (he was the only lawyer listed not from a large firm).  The 2012 Chambers said this: "David Markus received strong praise from peers and clients alike, who describe him as 'a legal genius and brilliant strategist with a great demeanor.'"  And in 2013, Chambers & Partners described David as a "wickedly smart and a terrific trial lawyer. ... Clients say that he is 'thrilling' to watch in court and that 'his passion appreciation and enjoyment for his work are contagious." The Daily Business Review has recognized David's lawyering by naming him as a finalist 5 different times for Best Criminal Lawyer in Miami.  The district judges in the Southern District of Florida presented him with the Eugene Spellman Criminal Justice Act Award in 2013.  

While at Harvard, he argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. (The argument, which was carried on C-Span, can be viewed here.  David's argument begins at 57:42).  David was mentored by Alan Dershowitz while in law school (click here for a picture of them together at Harvard).  After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.

David is admitted to practice in the state courts of Florida, and numerous federal courts including the Southern, Middle and Northern Districts of Florida, the Eleventh Circuit Court of Appeals, the Federal Court of Claims, the Federal Circuit, and the United States Supreme Court.

David is a past-president of the Florida Association of Criminal Defense Lawyers - Miami Chapter and past-president of the Federal Bar Association, South Florida Chapter, 2007-08. He served for ten years as the Southern District of Florida's national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer's amicus committee (where he recently was part of the team that fought to invalidate Florida's drug law -- read the brief here). David also has co-authored the Fourth Amendment Forum, published in NACDL's The Champion. He is frequently asked to serve on committees for the Southern District of Florida.

David has lectured on different aspects of the criminal trial and appeal, has taught legal writing at the University of Miami School of Law, and has taught Advanced Criminal Procedure and White Collar Law at Florida International University College of Law. He also speaks to other criminal defense lawyers on ethics and zealously representing criminal defendants charged with serious crimes.  His lengthy list of lectures can be found on his resume and here is a picture of him lecturing over 400 lawyers on how to defend federal cases in which doctors are charged:

 He is frequently named as one of the top lawyers in Florida by SuperLawyers, the Best Lawyers in America, South Florida Legal Guide, Florida Trend Magazine, Chambers & Partners, and the South Florida Business Journal. The 2012, 2011 and 2010 SuperLawyers listed Markus as one of the top 100 lawyers in Florida, and the 2009 Chambers & Partners said that Markus is a "man who gets consistently great results.” He was one of 20 lawyers named a key partner by the South Florida Business Journal in 2011 and again in 2012.  The Daily Business Review named him a finalist for Most Effective Lawyer in Criminal Justice (one of three lawyers in Miami) in 2006, 2009, 2011, and 2012.

David has been quoted in publications around the country, including The Miami Herald, The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for the Miami Herald, and is the author of the popular Southern District of Florida blog, which has been described by the New Times as "the definitive source on South Florida's federal court system."

David is committed to zealously representing each and every one of his clients.  He has built a reputation for winning the most difficult cases with creative strategies.  David takes each case personally and does not like to lose. 

You can email David Markus at dmarkus@markuslaw.com

 

Mona E. Markus is an honors graduate of Harvard Law School.  Her recent successes include obtaining the dismissal of a federal criminal antitrust case against an executive, and a number of criminal and civil appellate victories in the Eleventh Circuit and in the Florida First District Court of Appeals.

Before teaming up with David, Mona was a shareholder at Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., where she represented commercial clients in a variety of disputes including securities fraud.  Most notably, she successfully represented a class of Exxon service station dealers in a large federal class action resulting in a jury verdict with a value in excess of $1.2 billion.  Mona participated actively in the appellate process all the way to the U.S. Supreme Court, and also supervised an extensive claims administration process to award the recovery to more than 12,000 members of the class.

Before joining Stearns Weaver, Mona was a management consultant with McKinsey and Co.'s Washington DC office.  She also has served as an Instructor of Law at the University of Miami School of Law.

Mona is admitted to practice in the state courts of Florida, the Southern, Middle and Northern Districts of Florida, the Eleventh Circuit Court of Appeals, and the United States Supreme Court.  She has been recognized by numerous publications as a top Miami litigator, including the South Florida Legal Guide 2010 and 2011 and the South Florida Business Journal.

You can email Mona at mmarkus@markuslaw.com


A. Margot Moss is a cum laude graduate of Temple University School of Law.  Upon joining the firm, she immediately became an integral part of the Buju Banton trial team and tried the case with David Markus in the Middle District of Florida.  Before joining Markus & Markus as a partner, Margot was a shareholder at Fowler White Burnett, P.A., where she handled federal and state criminal and civil litigation, including mortgage fraud, tax evasion, securities litigation, money laundering, and healthcare fraud.

After graduating law school, Margot served as an Assistant Public Defender for 10 years, where she tried over 100 cases and served as Training Coordinator.  She has taught at the Gerald T. Bennett Prosecutor/Public Defender Trial Training Program, lectured attorneys regarding criminal and civil trial practice, and also volunteers with the Ensuring Equal Justice Initiative and Lawyers for Children America.  She is the author of a recent article on Pill Mills in the South Florida Legal Guide.  Margot also wrote You Never Said That Before: A Brief Review of Negative Impeachment, The Florida Defender, Summer 2009, and Removing the Veil of Secrecy in Grand Jury Proceedings, The Florida Defender, Spring 2010.

Margot is admitted in the state courts of Florida and North Carolina as well as the United States District Courts for the Southern and Middle Districts of Florida. 

Margot is currently the President of the Florida Association of Criminal Defense Lawyers, Miami Chapter. She is an active member of several other professional organizations, including the National Association of Criminal Defense Lawyers, the Asian-Pacific American Bar Association of South Florida, the Dade County Bar Association, the Federal Bar Association, and the Florida Association for Women Lawyers.

 In 2012, she was named one of the top lawyers in Florida by the South Florida Legal Guide. And for her work in the Wackenhut RICO case, she was nominated for top criminal defense lawyer in South Florida.

 

Click here to view Margot's resume.

 You can email Margot at mmoss@markuslaw.com

 



 

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Disclaimer: Material presented on this website is intended for information purposes only. It is not intended as professional or legal advice and should not be construed as such.  



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