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. 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.
RECENT HONORS
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.
The 2010 SuperLawyers named David Markus as one of top 100 lawyers in Florida and Robin Kaplan as a Rising Star.
David Oscar Markus and Robin Kaplan 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.
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.
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.
In addition, in September 2009, Ms. Kaplan was named one of the top 40 lawyers under 40 years old in Dade County by the Cystic Fibrosis Foundation.
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.
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 recent trial victories in federal court as one of the top ten defense verdicts in the country that year. In his most recent trial victory, Markus 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. 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 Markus is "the whole package," and "a creative, courageous and tenacious courtoom advocate."
While at Harvard, he argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. 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 is 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. David also used to co-author the Fourth Amendment Forum, published in NACDL's The Champion.
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 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. 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 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.”
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.
David is committed to zealously representing each and every one of his clients. He takes each case personally and does not like to lose.
Robin Ellen Kaplan
Robin Ellen Kaplan is a magna cum laude graduate of University of Miami School of Law. In the fall of 2009, Robin was selected as one of the 40 under 40 outstanding lawyers in Dade County by the Cystic Fibrosis Foundation. The 2010 SuperLawyers listed her as a "Rising Star."
While at the University of Miami, she was the Articles and Comments Editor for the International and Comparative Law Review.
Since graduation, she has dedicated her legal career to complex criminal defense litigation.
Robin is admitted in the state courts of Florida and Massachusetts as well as the United States District Court for the Southern District of Florida and the Eleventh Circuit Court of Appeals.
Robin has served as an officer of Florida Association of Criminal Defense Lawyers-Miami Chapter, and is currently on the Board of Directors.
Robin co-tried United States v. Shaygan, the groundbreaking case in which the defense secured an acquittal of all 141-counts against a medical doctor. After the trial the federal judge ordered the prosecution to pay over $600,000 in legal fees. In another recent victory, Robin secured the dismissal for a high school senior charged with statutory rape. Robin was able to show that the complainant was lying and that the high school senior was innocent. All charges were dismissed and expunged from his record. The student is now on a full scholarship in college.
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website is intended for information purposes only. It is not intended as
professional or legal advice and should not be construed as such.
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.
Robin Ellen Kaplan is a magna cum laude graduate of University of Miami School of Law. In the fall of 2009, Robin was selected as one of the 40 under 40 outstanding lawyers in Dade County by the Cystic Fibrosis Foundation. The 2010 SuperLawyers listed her as a "Rising Star."
