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.

 

Below is a sampling of news items about Markus & Markus, which has been named one of the top criminal defense firms not only in Miami but in the nation.

David Markus receiving an award from the Court with Judge Federico Moreno and Judge Robert Scola.

 LawDragon recently profiled David here, saying that "prosecutors have their hands full when they take on David Markus."

National media reports that Markus won an acquittal on a federal indictment and recovered fees for prosecutorial misconduct (National Law Journal , Associated Press, Sun-Sentinel, Miami Herald, and Wall Street Journal ) Read the court order here. Although the fee award was later reversed on appeal, Markus received support from former federal judges and prosecutors in his bid to get the Supreme Court to review the case.

Markus is often quoted for his perspective on cases in the news. For example, he was frequently asked about the George Zimmerman case and the defense strategy.  As a few other examples, here is an article about the Supreme Court ruling in favor of criminal defendants in a dog-sniff search case, and here is an article about internet cafes and the State's use of an expert named Bob Sertell.  In this Sun-Sentinel artilce, he is quoted about the feds using Scott Rothstein as a witness: "Rule No.1 of criminal law is 'never trust a rat.' When you're talking about Scott Rothstein, the rat of all rats, Rule 1 is gospel. The feds should know better, but they generally ignore Rule No. 1."

After multiple appeals and eight years of litigation, the Firm won the release of pro bono client Yuby Ramirez who was serving a life sentence.   The Wall Street Journal covered the victory here. More: Markus continues pro bono fight on behalf of Miami mother serving life sentence, and wins argument before the Eleventh Circuit.

Profile of David Markus as an attorney who "has built an outstanding reputation handling high-stakes white collar and other criminal defense matters."

David Markus and Margot Moss are named Daily Business Review finalists for Most Effective Lawyers 2011 in the criminal law category and David Markus is also named finalist in the public interest category.

Firm Obtains Dismissal of Two Federal Antitrust Indictments Against High-Level Executive in Air Cargo Antitrust Case:  
          -- District Court Affirms Dismissal Of Indictment

-- Markus & Markus Argues R&R Should Be Affirmed

-- Firm wins R&R recommending dismissal of antitrust case against air cargo executive

-- Markus & Markus's client obtains R&R recommending dismissal of price-fixing case

-- Markus obtains dismissal of first indictment in criminal antitrust case

States drops charges against executives in Wackenhut corruption case

Markus and Moss fight for mothers

Markus helps get Florida drug statute ruled unconstitutional

Markus gets charges against Australian Actor Matthew Newton dismissed.

Markus helps filmmaker Billy Corben get out of hot water for tweeting during jury service.  (Herald and NBC News)  Below is a picture from the courtroom with David Markus, Billy Corben, and Margot Moss

Markus takes on DOJ re discovery obligations                                              

 

 

                             

Judge Slams Bureau of Prisons for Keeping Inmate (Daily Business Review)

  Firm Name Changes to Markus

Profile of Markus' Client after Acquittal

Markus quoted in Wall Street Journal article re Ted Stevens case(WSJ)

Markus uncovers prosecutorial misconduct (AP)

Not guilty verdict for doctor charged with 141 counts (Sun-Sentinel)

Not guilty verdict for doctor charged with 141 counts (Herald)

David Markus testifies before the U.S. Sentencing Commission

National Law Journal covers Markus victory in price-fixing case

The Firm represented reggae star Buju Banton (Mark Myrie).  The first trial resulted in a hung jury (7-5 for acquittal) and Buju was convicted at the second trial on three of four counts, but there are allegations of juror misconduct and Buju is currently pursuing a motion for new trial.

 

 Buu and DOM on stage

Crowd Cheers as Buju Calls Lawyer On Stage (Miami New Times)

Buju Performed As If His Freedom Depended On It (Jamaica Observer)

Reggae Singer Buju Banton Released Pending Retrial (Tampa Bay Online) 

Mistrial For Buju: International Music Star Buju Banton Caught A Huge Break in his Drug Trial in Federal Court in Tampa (Hip Hop Weekly)

Profile of David Oscar Markus's law career by the Jamaican Gleaner  

Jury deadlocks in first Buju Banton trial  (Tampa Tribune, ABC News, Jamaica Observer)

Markus retained to represent reggae star Buju Banton 

Article profiling new Buju Banton attorney David Oscar Markus

David Markus on Wikipedia

Markus continues fight against prisons

Markus to cross-examine Gambino snitch

First Amendment Claim in Cockfight Suit - New York Times

Complaint in cockfighting case

New York Times - May 2007

A victory for adult arcade patrons

Democracy Now! Aspirational Rather than Operational - 7 Arrested in Miami Terror Plot

UM Protestors

Extradition of Gilberto Rodriguez

Florida Trend on Bloggers

South Florida CEO

Fighting FDC

Giving Thanks - Fourth Amendment Forum

Drugs, Dogs And Cars: Oh, My - Fourth Amendment Forum

Judge John Roberts' Short Story - Fourth Amendment Forum

Government Crybabies -From the Courts

DAILY BUSINESS REVIEW 12/12/05

nbc6.net -Six Haitians Plead Not Guilty To Alien Smuggling

law.com - The Short Life of the Feeney Amendment

'The Situation with Tucker Carlson' for July 6

Miami lawyer honored - 2002-07-31

reviewjournal.com -- News High court sides with NLV officers on drug warrant

law.com - When the Best Defense Is No Defense

From the Courts

Profiling Debate II

Supreme Court Victory

Federal Judge in Miami Rules Sentencing Guidelines Unconstitutional

Board of Education v. Earls

United States v. Arvizu

Atwater v. City of Lago Vista

The Classics

The Champion - Is profiling constitutional?

Best of the Bar 2004

David with then-Chief Judge Edward B. Davis when he was sworn into the bar in 1997 during his clerkship

 

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.

Markus and Markus Law Firm

 

40 NW Third Street

Penthouse One

Miami, FL 33128

(305) 379-6667 Fax (305) 379-6668

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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