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Representative Matters

The following examples are representative of the matters handled by Raskin & Raskin in various subject areas: 

Aviation Industry

In recent years, federal and state prosecutors have placed great emphasis on offenses affecting flight safety. Criminal investigations have taken place Ė and charges have been filed Ė against airlines, aviation repair facilities, manufacturers and distributers of aircraft parts, as well as corporate executives and employees throughout the aviation industry. Raskin & Raskinís attorneys have extensive experience handling aviation related criminal matters, both during the course of an investigation and at trial.

  • Raskin & Raskin defended SabreTech, Inc., an aircraft maintenance company charged with various federal and state crimes arising out of the crash of ValuJet Flight 592 in the Florida Everglades. The firmís representation spanned seven years and encompassed a host of parallel proceedings including a three-year federal grand jury investigation, an indictment, trial and appeal, a state homicide investigation and indictment, and various administrative investigations and proceedings by the FAA, the EPA, the NTSB and the United States Congress. The federal trial resulted in acquittals on a majority of the charges. The remaining charges, save one, were reversed on appeal, and the $9 million restitution ordered by the district court was vacated. The state criminal case was resolved through a negotiated agreement that resulted in the dismissal of all 220 counts of homicide, a no-contest plea to a regulatory offense and a voluntary charitable contribution by SabreTechís parent corporation.

  • Raskin & Raskin defended a federal grand jury investigation into the business practices of a security company that provided passenger screening services to major airlines at airports throughout the United States. The allegations were that the company routinely placed fraudulent background and training information in employee personnel files, thus allowing unqualified and ineligible individuals to work as airport screeners. A review of voluminous documents seized during execution of a search warrant and subsequently produced pursuant to a grand jury subpoena in fact revealed numerous discrepancies in the personnel files. Raskin & Raskinís lawyers conducted an internal investigation into the company's practices and developed a presentation which convinced prosecutors that the discrepancies in the files were unintentional. No charges were filed against the company or any individuals. Raskin & Raskinís internal investigation also provided the basis for a compliance plan designed to ensure that the companyís records going forward would be complete and accurate.

  • Raskin & Raskin defended a Miami-based charter airline in an unapproved parts investigation conducted by the Department of Justice and the Department of Transportationís Office of Inspector General. The parts in question had been obtained from aircraft recently returned to the airline from a foreign carrier to which they had been leased. The government contended that the airline had violated the federal false statement statute when it certified to the FAA that the parts from these aircraft conformed to its requirements. After supervising the production and inspection of tens of thousands of documents and aircraft parts, Raskin & Raskinís attorneys argued that the governmentís theory of criminal liability was flawed and that, if charged, its clientís defenses would be substantial. No charges were ever brought against Raskin & Raskinís client or any of its employees.  
  • Raskin & Raskin represented a helicopter parts manufacturer under investigation for selling military parts to Iran in violation of Defense and Commerce Department regulations. A search warrant was executed against the clientís facility and grand jury subpoenas served. Others in the same investigation were prosecuted, convicted and received prison terms. Although Raskin & Raskinís client was a main target of the governmentís investigation, after lengthy negotiations with prosecutors and the presentation of a written submission, the government ultimately declined prosecution of Raskin & Raskinís client.
  • Raskin & Raskin has represented aviation repair stations and aviation parts distributors in criminal investigations ranging from falsely certifying repair of aircraft parts to providing military parts to embargoed nations.  

Banking and Finance

Raskin & Raskinís lawyers have experience representing financial institutions, officers, directors and others in bank fraud investigations and prosecutions. These matters have included allegations of bribery of bank officers, misrepresentations of the value of assets securing a loan, failure to report currency transactions over $10,000, embezzlement and other schemes to defraud banks.

  • Raskin & Raskin represented the chairman of the board of Sunrise Savings & Loan Association, which failed due to an alleged conspiracy between the bankís officers, lawyers and largest borrowers. Prior to the commencement of the trial, Raskin & Raskinís lawyers convinced the court to dismiss the charges against its client based on improper pre-indictment delay. All other defendants in the case proceeded to trial and were convicted. The government subsequently appealed the courtís dismissal of the charges against Raskin & Raskinís client to the Eleventh Circuit Court of Appeals. Recognizing the rarity of a court dismissing a case on pre-indictment delay grounds and that it had never before found such a dismissal appropriate, the Court of Appeals nevertheless accepted Raskin & Raskinís position and upheld the dismissal.
  • Raskin & Raskin represented a bank officer under investigation for assisting one of the bank's customers in perpetrating a billion dollar Ponzi scheme. According to allegations in the case, bank officers assisted their client by producing false "screen shots" indicating that accounts at the bank had balances far in excess of what they actually held. These screenshots were shown to victims of the Ponzi scheme in order to assure them that their funds were safe.  While numerous individuals were prosecuted and convicted in the scheme, Raskin & Raskin's client was never charged.

     
  • Raskin & Raskinís client was charged in multi-million dollar bank fraud indictments in New York and Louisiana.  Following lengthy negotiations with the U.S. Attorneys in both districts, Raskin & Raskinís lawyers greatly limited their clientís criminal exposure.  Additional face to face meetings with the prosecutors resulted in the government's agreement to consolidate both cases before one court; resulting in an extremely favorable outcome for Raskin & Raskin's client.

Food and Drug

The Federal Food, Drug, and Cosmetic Act is enforced through criminal prosecution, injunction proceedings, civil money penalties, and a variety of administrative actions. Raskin & Raskin has significant experience representing corporations and individuals both in the courtroom and in helping avoid the courtroom altogether through effective early intervention to prevent inappropriate or unnecessary enforcement actions

  • Raskin & Raskin represented the Executive Vice President of Cordis Corporation, a medical device manufacturing firm which produced pacemakers. After many of the companyís pacemakers failed, the company and several of its employees were charged with, among other things, causing the unlawful transportation of medical devices in interstate commerce in violation of Food and Drug laws. Following a lengthy federal trial, Raskin & Raskinís attorneys convinced the trial court to dismiss all of the felony counts against its client. The jury subsequently acquitted Raskin & Raskinís client of all of the remaining misdemeanor charges.  
  • Raskin & Raskin represented a medical supply firm whose warehouse was raided by FBI and FDA agents who seized millions of dollars of medical and surgical products which they claimed were stolen, misbranded and adulterated. The corporation and its principals were identified as targets of a grand jury investigation into the interstate transportation of stolen property and violations of FDA statutes. Following numerous face to face negotiation sessions with federal prosecutors, followed by a lengthy written presentation, the government accepted Raskin & Raskinís legal position that its client lacked the requisite intent to commit a crime. No charges were ever brought against Raskin & Raskinís client or its principals.  
  • Raskin & Raskin represented a nationally prominent physician and medical researcher implicated in a sceme to develop and market a non-FDA approved Botox-like product. The case was an outgrowth of an incident in which four people were paralyzed after being injected with raw botulinum toxin. A federal grand jury returned a lengthy indictment charging Raskin & Raskinís client, along with others, with conspiracy to defraud the United States, mail and wire fraud, and various FDA violations involving misbranded drugs. Following lengthy pre-trial proceedings, all of the other defendants pled guilty and were sentenced to lengthy prison terms. Raskin & Raskinís clientís position was further complicated because he was a Canadian citizen and, in addition to prison exposure, would face deportation in the event of almost any felony conviction. Following the selection of a jury, Raskin & Raskin's attorneys negotiated a disposition for their client which resulted in neither incarceration nor deportation.

  • Recently, the Department of Justice, along with the FDA, DEA and Customs, has instituted criminal prosecutions and civil enforcement actions against online sellers of drugs and other pharmaceutical products. These cases involve, among other things, the sale, distribution or importation of adulterated, misbranded or unapproved drugs; the illegal promotion of drugs; the sale or dispensing of prescription drugs without a valid prescription; and the sale of counterfeit drugs. Raskin & Raskin has experience representing corporations and individuals in internet pharmacy matters and related parallel proceedings. For example, Raskin & Raskin represented a lead defendant in a 313-count federal indictment charging the illegal online sale of prescription drugs. According to the indictment, the operation handled more than 1 million online orders and grossed approximately $126 million over a two-year period.
  • Raskin & Raskin represented the former director of quality control at a major pharmaceutical company under investigation by the Justice Department for violations of various Food and Drug Administration (FDA) laws and regulations which resulted in a major product recall.  Following a lengthy grand jury investigation and several meetings with federal prosecutors and agents, Raskin & Raskin's client was not charged in the case.  

Healthcare

Health care fraud and abuse is a major law enforcement priority of the U.S. Department of Justice. In fact, task forces dedicated to that effort have been set up in the U.S. Attorney's Office for the Southern District of Florida and elsewhere. Raskin & Raskin has experience defending health care providers and their executives in federal and state criminal investigations and prosecutions.

  • Raskin & Raskin represented a number of psychiatric hospitals and one of their principals in a federal Medicare investigation into a multi-million dollar patient referral kickback scheme. As a result of both litigation and negotiation, Raskin & Raskin eventually persuaded the government not to bring charges against the corporate entities and to accept a plea to a reduced charge Ė not resulting in incarceration Ė from the principal. At the same time, Raskin & Raskin settled all of its clientsí civil liability resulting from the investigation.
  • Raskin & Raskin represented the owner of a management company providing services to a Medicare funded Community Mental Health Center. The government announced that Raskin & Raskinís client faced immanent indictment for an alleged violation of Medicareís "related party" rules. Following several face-to-face meetings with the prosecutors, followed by a written presentation, Raskin & Raskinís lawyers convinced the U.S. Attorneyís Office to completely reverse its course. Not only did the U.S. Attorneyís Office decline to prosecute Raskin & Raskinís client, but it also declined to pursue available civil collection remedies.

  • Raskin & Raskin represented the owner of a Community Health Center which provided psychiatric partial hospitalization services to patients. Raskin & Raskinís client and others in the health care facility were charged in a 43 count federal indictment with executing an elaborate scheme to defraud Medicare by billing Medicare approximately $10 million for services that were never performed; billing Medicare for providing services to patients who did not need, would not benefit from, or did not meet Medicare's requirements for receiving the services; and billing Medicare for services that were performed by unlicensed personnel. The indictment further alleged that the defendants perpetrated the scheme by causing a variety of false medical records to be prepared, including forged or altered physician admission orders and re-certifications, treatment notes and treatment plans and paying kickbacks to assisted living facilities to send their residents to the facility for psychiatric partial hospitalization services.  Raskin & Raskinís lawyers were able to achieve a pretrial agreement that greatly reduced the clients criminal exposure.

  • Raskin & Raskin represented a former hospital CEO in a federal grand jury investigation into possible criminal HIPAA violations and insurance fraud arising out of alleged improper collusion among one of the nationís largest hospital chains, personal injury lawyers and physicians. Following a lengthy investigation, and parallel civil proceedings, Raskin & Raskin's client was not charged in the case. 

  • Raskin & Raskin represented a defendant in one of the largest Medicare fraud and money laundering cases in the United States.  According to the Indictment, the defendants, through numerous health clinics,  submitted false claims to Medicare for infusion therapy, injection therapy, and other expensive medical treatments designed to treat patients suffering from, among other illnesses, cancer, HIV, AIDS, and chronic pain.  According to the government, the false claims totaled in excess of $100 million.  Following receipt of the fraud proceeds, it is alleged that Raskin & Raskin's client laundered the funds by cashing millions of dollars in checks for straw companies and individuals through a check cashing business he owned. 

  • Raskin & Raskin has represented numerous doctors in health care fraud investigations and prosecutions by federal and state criminal and regulatory authorities. In the majority of these matters, Raskin & Raskinís lawyers  persuaded the authorities that criminal and/or administrative charges were inappropriate. 

Mortgage Fraud

  • Raskin & Raskin represented a prominent law firm under investigation for assisting its large developer client in committing mortgage fraud. According to the allegations, the developer client would recruit and pay straw buyers and use their names, credit histories and signatures on mortgage loan documents to obtain financing to purchase residential properties. The developer client would then illegally finance the straw purchasersí mortgage down payments, thus further defrauding the lending banks. According to the allegations, Raskin & Raskinís client assisted in this venture by knowingly preparing and notarizing false mortgage documents.
  • Raskin & Raskin represented a partner in a real estate development company under investigation for a $32 million mortgage fraud. It was alleged that the company used funds required to be paid to its lender for the purpose of unlawfully compensating brokers who supplied false and unqualified condo buyers and to pay for inflated property appraisals.
  • Raskin & Raskin represented two principals of a real estate development venture involved in allegations of widespread fraud in connection with the marketing, sale and financing of several large condominium projects on Floridaís east and west coasts.
  • Raskin & Raskin represented the president of a real estate development firm charged in a multi-million dollar mortgage fraud case. The allegations were that the developer provided funds to the sales staff to procure false employment verification documents in order to qualify buyers for residential mortgages who could not otherwise qualify.

Securities

As a result of numerous corporate scandals and the passage of the Sarbanes-Oxley Act, securities law violations are being prosecuted more vigorously than ever, whether in the administrative, civil or criminal context. Raskin & Raskinís practice covers the full range of securities fraud investigations, including those conducted by federal grand juries, the U.S. Securities and Exchange Commission, state securities regulators and self-regulatory organizations such as the NYSE and NASD. Raskin & Raskin has represented clients in investigations and prosecutions involving, among other things, insider trading, financial reporting irregularities and false public filings. Raskin & Raskinís attorneys have  convinced government officials not to institute enforcement actions against their clients. Raskin & Raskin has also assisted its clients in settling cases on a favorable basis.

  • Raskin & Raskin represented the chairman of the board of a large publicly traded banking institution in an SEC probe of the sale of his stock just prior to his bankís failure. Since the SEC believed that the bankís imminent demise was evident to insiders at the time of the sale, it suspected that Raskin & Raskinís client was guilty of insider trading. Following lengthy negotiations and written and oral presentations by Raskin & Raskinís lawyers, the SEC accepted its position that its client had not acted improperly in the sale of his shares. Consequently, the SEC declined to institute an administrative proceeding.
  • Raskin & Raskinís lawyers are experienced in handling the multiple, parallel proceedings which frequently arise in the securities fraud arena.  For example, Raskin & Raskin defended the Chairman and CEO of a public telecommunications company who was alleged to have procured and defrauded individual and institutional investors through false and misleading press releases. The client simultaneously faced an SEC enforcement investigation, a federal grand jury investigation, and four separate shareholderís suits in multiple jurisdictions seeking tens of millions of dollars in damages.  The SEC enforcement action was closed with no action having been taken, the grand jury investigation produced no charges against the client, and the shareholder suits were globally settled within the limits of the D & O insurance policy. 

  • Raskin & Raskin's lawyers defended a publicly traded investment firm and members of its control group in parallel securities fraud proceedings brought by the SEC,  the Department of Justice, and defrauded investors in a class action lawsuit.   The allegations involved the issuance by the corporation of a series of false press releases.  As in all matters involving parallel proceedings, Raskin & Raskinís lawyers balanced the competing interests of the various actions in providing representation to their clients.
  • Raskin & Raskin's lawyers defended the former CEO of a publicly traded telecommunications corporation against securities fraud charges brought by class counsel for defrauded investors. The complaint alleged numerous false and misleading statements by Raskin & Raskinís client in company press releases, as well as in radio and Internet promotions. After months of negotiations, Raskin & Raskinís lawyers persuaded class counsel to dismiss the case against their client.  

  • Raskin & Raskinís client entered a plea of guilty in a major securities fraud case in New York. According to the government, the investing public lost millions of dollars as a result of the activities of Raskin & Raskinís client and restitution was mandatory. At sentencing, Raskin & Raskin argued that the alleged victims of the crime were not entitled to restitution and that, even if they were, the governmentís restitution calculations were fatally flawed. Over Raskin & Raskinís objection, the court sentenced its client to pay millions of dollars to the alleged victims. Raskin & Raskin appealed the sentence to the U.S. Second Circuit Court of Appeals which, after considering the partiesí briefs and oral argument, rendered a 164 page decision holding that Raskin & Raskinís original legal position was correct and that its client's entire restitution obligation must be discharged.
  • Raskin & Raskin represents two former corporate officers of a firm accused by the FTC of defrauding the public in the marketing and sale of a discount health product. According to the FTC, the defendants solicited individuals throughout the country who were in search of health insurance and misrepresented -- and used high pressure tactics -- to sell the company's product as health insurance. The FTC alleges damages in excess of $70 million.

Representation of Professionals

Raskin & Raskin has experience representing lawyers, law firms, hospitals, doctors, accountants, investment advisors, brokers and other professionals facing criminal investigation and prosecution, as well as parallel proceedings before professional certification, oversight and licensing boards. Because of the potential for adverse licencing consequences, these cases present unique and significant issues and require careful, strategic handling by counsel experienced in such matters.

  • Raskin & Raskin represented a national law firm which was named as a target of an investigation into payoffs to public officials in exchange for influence over votes on a large real estate development project. Although one of the firmís attorneys was eventually prosecuted and convicted of participating in the scheme, Raskin & Raskin convinced the government that its client had no knowing involvement in the scheme and, consequently, its client was not prosecuted.

  • Raskin & Raskin represented an attorney who was under investigation for tax evasion stemming from a legal fee he had received. His client, who had later become a government witness, alleged that the lawyer structured the fee in a manner that allowed him to take the fee without the payment of taxes. Although the payment was indeed received tax free, Raskin & Raskinís attorneys, through negotiations with the prosecutors and IRS agents and a detailed written presentation, convinced the government not to file charges against the lawyer.

  • Raskin & Raskin represented a prominent lawyer who was under investigation by the U.S. Department of Justice based on a multi-million dollar fee he had received. A government witness had alleged that the lawyer was part of a large conspiracy to obstruct justice. Although such a conspiracy was indeed found to exist, Raskin & Raskinís attorneys  established to the prosecutor's satisfaction that their client was not a knowing participant. Although criminal charges were filed in the case, no charges were filed against Raskin & Raskinís client.
  • Raskin & Raskin represented a physician accused by Florida authorities of prescribing large quantities of pain medication without performing required medical examinations. According to the DEA, this physician is one of the top 100 prescribers of pain medication in the United States. Following negotiations with the State, no criminal charges were filed against Raskin & Raskin's client and the client retained his medical license. 

International Trade and Export Control

Raskin & Raskin has significant experience in all aspects of export and import control law and regulation, having represented corporations and individuals in criminal and enforcement investigations arising under the Export Administration Regulations [EAR], the International Traffic in Arms Regulations [ITAR], the International Emergency Economic Powers Act [IEEPA] and the Trading with the Enemy Act, as well as other laws that effect export licensing decisions. Raskin & Raskin has also represented corporations and individuals under investigation and prosecution for violations of U.S. Customs regulations relating to imports and exports.

  • Raskin & Raskin represented an export company and its president who were under investigation for having clandestinely shipped large quantities of commercial goods to Haiti in violation of the presidential embargo in place at the time. The company and its president were targets of the investigation. After lengthy negotiations with the prosecutors, the matter was resolved through a corporate guilty plea and modest fine. As part of the settlement agreement, neither the companyís president nor any of its other employees were charged.

  • Raskin & Raskin represented a major exporter of food, cosmetics and cigarettes. The company and its president were under investigation in two federal districts for making false statements in matters within the jurisdiction of the U.S. Department of Agriculture. In essence, the government contended that the company falsely represented that domestic products were being exported, when it knew that those products would remain and be sold in the United States. In addition, the government contended that the companyís false statements were relied upon by the Department of Agriculture in paying tax rebates to the domestic manufacturers. When Raskin & Raskin commenced its representation, several participants in the scheme had already been arrested and were cooperating with the government against Raskin & Raskinís clients. Coordinating closely with the U.S. Attorneys in both districts throughout the course of the investigation, Raskin & Raskinís lawyers ultimately convinced the government not to charge the corporation at all in either jurisdiction. Instead, an agreement was reached by which the companyís president pled guilty to a single minor charge in one district, resulting in a sentence of probation.

  • Raskin & Raskin represented a leading manufacturer and distributor of security, surveillance and counter-surveillance equipment. The companyís employees were arrested by federal agents as they attempted to leave the United States for Colombia with illegal cellular interception equipment. The government gave notice that it intended promptly to file criminal export violation charges against the company and several of its employees. Raskin & Raskin first persuaded the government to forgo filing any charges pending a presentation of why such charges would be inappropriate. Following several face to face negotiation sessions with the prosecutors and a lengthy written presentation, the government accepted Raskin & Raskinís legal position that no crime had been committed. No charges were brought against the company and the charges against its employees were dismissed.
  • Raskin & Raskinís client was arrested by federal agents while negotiating the sale of approximately $5 million worth of Pre-Colombian artifacts from Ecuador. According to the government, Raskin & Raskinís client illegally brought the artifacts out of Ecuador in violation of its patrimony laws and, by doing so, violated U.S. Customs and stolen property laws. Raskin & Raskin first persuaded the government to refrain from returning an indictment pending a presentation of why charges would be inappropriate. Following several face to face negotiation sessions with the prosecutor and several written presentations, the government accepted Raskin & Raskinís legal position that its client had committed no U.S. crime and, consequently, the government dismissed the charges against Raskin & Raskinís client.
  • Raskin & Raskin represented the president of a firm charged with providing F-15 aircraft engine parts to Venezuela in violation of a U.S. trade embargo prohibiting such sales.  The government charged that such sales were disguised as being made through a third, non-embargoed country, with the actual destination being Venezuela. 

Internet Gaming

 

In recent years, both the U.S. Department of Justice and law enforcement agencies in several states have cracked down on internet gaming, especially sports betting.  Raskin & Raskin has handled a number of such cases and is experienced in dealing with issues specific to off-shore gaming offenses.

 

ē         Raskin & Raskin represented individuals indicted on charges of operating a highly sophisticated, illegal sports betting enterprise that stretched from New York to Nevada and as far south as Florida and Costa Rica.  According to the indictment, the defendants were accused of being involved in a nationwide ring that booked nearly $178 million in wagers over a 32-month period on professional and college basketball and football, professional baseball and hockey and other sporting events. In carrying out their alleged gambling operations, the defendants were alleged to have used sports betting websites located in Costa Rica.  Based on the serious nature of the charges (Enterprise Corruption), the clients faced 35 years imprisonment.  Follwing lengthy pre-trial proceedings, Raskin & Raskin was able to achive non-custodial sentences for its clients. 

 

  • Raskin & Raskin represented one of the lead defendants in a thirty-eight defendant federal indictment charging the operation of an illegal sports bookmaking business that solicited more than $1 billion in illegal bets throughout the United States, from websites located in San Jose, Costa Rica and Panama City, Panama.  According to the indictment, the enterprise allegedly used bookies located in the United States to illegally solicit and accept sports wagers as well as settle gambling debts


  • Raskin & Raskin represented a Costa Rican telephone company accused of providing Internet sports betting sites with servers, data and software.  New York authorities issued a 33-count indictment charging 27 individuals and three corporations with operating an illegal online gambling operation that allegedly booked more than $3.3 billion in wagers over a 28-month period.  The New York City Police Commissioner characterized the operation in a statement as the "largest illegal gambling operation we have ever encountered."   

 

Environmental Offenses

Environmental statutes today contain criminal sanctions, and corporate executives may be subject to criminal prosecution not only for contributing to pollution and other environmental hazards, but also for failing to report those hazards. Raskin & Raskin has represented clients in grand jury investigations and prosecutions of alleged environmental offenses, ranging from dumping of hazardous waste to negligent homicide. In addition to navigating clients through the criminal process, Raskin & Raskin has defended clients against the threat of suspension and debarment from government procurement programs.  Raskin & Raskin is also experienced in handling environmental cases as diverse as those brought under the High Seas Fishing Compliance Act, the Lacey Act, the Endangered Species Act and laws protecting against the unlawful importation of Ozone-depleting substances such as Freon.

  • Raskin & Raskin represented a company which distributed scrap metal to industrial firms throughout the United States. One load of metal provided by the client exploded when placed in a customerís foundry, killing two workers. After the EPA and state law enforcement authorities found blasting caps, poison tubes and rocket flares in loads of metal which the client was providing, the investigators proceeded with a view toward prosecuting Raskin & Raskinís client and its principals for homicide and environmental offenses. By working closely with the investigating agencies, Raskin & Raskinís attorneys demonstrated that this was simply an unfortunate accident, not a crime. No charges were ever brought against Raskin & Raskinís client or its employees.

  • Over the years, Raskin & Raskinís lawyers have represented numerous officers, directors and employees of cruise lines under investigation for environmental offenses such as the illegal dumping of oil and hazardous chemicals and the making of false statements to government agencies.    
  • Raskin & Raskin represented at trial the captain of a cargo vessel who, along with other members of his crew, was charged with unlawfully dumping oil and making false statements in documents submitted to the U.S. Coast Guard.  Although the jury found all of the defendants guilty, and the U.S. Sentencing Guidelines called for a sentence of incarceration, Raskin & Raskin's attorneys convinced the court to instead sentence its client to a term of non-reporting probation. 

  • Raskin & Raskin has handled a number of cases involving the illegal discharge of hazardous waste in violation of federal and state clean air and water laws. In each case, Raskin & Raskinís lawyers either convinced the prosecutors not to bring charges at all or, if charges were brought,  in negotiating favorable settlements for their clients.
  • Raskin & Raskin represented the owners of two deep sea fishing fleets who were prosecuted for violations of the Lacey Act, which makes it a felony offense to knowingly import fish, knowing that the fish was taken, possessed, transported, or sold in violation of any foreign law. In one case, the government alleges that Raskin & Raskinís client imported into the United States thousands of pounds of spiny lobster and queen conch from the Bahamas in violation of Bahamian law. In the other case, Raskin & Raskinís client is alleged to have imported thousands of pounds of Yellow Fin tuna in violation of Canadian law. 

Antitrust

The Antitrust Division of the U.S. Department of Justice has initiated numerous investigations and prosecutions of individuals and corporations for violations of the Sherman Act involving price fixing and bid rigging. Raskin & Raskin has experience representing corporations and executives in antitrust investigations.

  • Raskin & Raskin represented an auctioneering firm suspected of antitrust and price fixing violations in connection with large estate and bankruptcy auctions. Raskin & Raskinís attorneys negotiated with Ė and presented voluminous information to Ė the Justice Department prosecutors, who ultimately declined to file charges against Raskin & Raskinís client or any of its employees.
  • Raskin & Raskin represented the Chief Financial Officer of an international corporation under investigation by the U.S. Department of Justice for violations of the Sherman Antitrust Act. Although several other officers and employees of the corporation were indicted for their roles in an alleged conspiracy to rig contract bids, fix prices and allocate market shares for sales of the Company's products in the United States and elsewhere, Raskin & Raskin was able to obtain an immunity and non-prosecution agreement for its client.

Defense Procurement Fraud

Raskin & Raskin has represented companies and their executives under investigation for defense procurement issues ranging from quality defects or product substitution to accounting irregularities. Raskin & Raskin also has experience negotiating with the Department of Defense to prevent their clientsí debarment or suspension.

  • Raskin & Raskinís lawyers represented the owners and directors of an aircraft parts manufacturing company under investigation for selling defective parts to the military. Although the company and some of its high level management were ultimately charged and convicted, Raskin & Raskin negotiated immunity agreements for its clients who were not prosecuted. Following the conviction, the corporation was debarred from doing further business with the military. After a written presentation by Raskin & Raskinís lawyers, followed by a face to face meeting with military officials at the Pentagon, the debarment was set aside and the company was allowed to continue with its government contracts.

Public Officials

Representing public officials requires not only a complete knowledge of the law, but also an appreciation for a clientís reputation and approval rating. Over the years, Raskin & Raskinís lawyers have represented numerous pubic officials in federal and state criminal investigations and prosecutions, as well as in congressional investigations and proceedings.  Raskin & Raskinís clients have included judges, mayors, city councilmen, high ranking public and political figures, federal and state law enforcement authorities and professional athletes. The majority of these investigations ended with no charges being filed and, in many cases, with the investigations never becoming public. Raskin & Raskin also represented the Florida Republican Party in the Seminole and Martin County litigation over absentee ballots stemming from the 2000 presidential election. 

  • Raskin & Raskin represented a Senior Immigration and Customs Enforcement (ICE) Agent who was charged in a 12 count indictment with conspiracy, extortion, bribery and making false statements.  According to the indictment, Raskin & Raskinís client extorted nearly $2 million from a Colombian company in order to keep it off of the Office of Foreign Assets Controlís list of prohibited companies; extorted hundreds of thousands of dollars and expensive gifts from a federal informant; accepted tens of thousands of dollars in bribes from an imprisoned Colombian drug trafficker to bring his family into the United States; and lied on Significant Public Benefit Parole forms when bringing foreign nationals into the United States.  Following a six-week federal trial, the jury found Raskin & Raskinís client not guilty on all counts of the indictment.  
  • Raskin & Raskin has represented numerous federal law enforcement officers in criminal investigations by the Department of Justice. Raskin & Raskin's clients include Assistant U.S. Attorneys and agents and employees of the Drug Enforcement Administration (DEA), Immigration and Customs Enforcement (ICE), Transportation Security Administration (TSA), Customs and Border Protection (CBP), U.S. Secret Service, Internal Revenue Service (IRS), Veteran's Administration (VA), General Services Administration (GSA) and the Central Intelligence Agency (CIA). The investigations range from accepting bribes for allowing contraband into the country, to unlawfully obtaining immigrant visas for foreign nationals, to making false statements, to engaging in espionage.
  • Raskin & Raskin represented two nationally prominent Political Action Committees victimized by a former employeeís embezzlement. Raskin & Raskin was retained to conduct an internal investigation into the circumstances of the theft and the operations and procedures of the PACs and to make recommendations for improving internal controls.

  • Raskin & Raskin represented a federally funded heath care organization in an investigation involving improper political contributions.  The investigation involved political contributions to prominent state and national elected officials by employees of the organization in violation of state and federal elections laws.
  • Raskin & Raskin represented an assistant state attorney who, along with the mayor of Miami, the State Attorney and the lead state attorney investigator, was sued in federal court by a county commissioner who had been indicted, prosecuted, and ultimately acquitted in a state court prosecution.  According to the complaint, the defendants took part in a scheme to have the commissioner removed from her elected position by concealing, manipulating and fabricating evidence in order to procure a politically motivated arrest and prosecution.  Raskin & Raskin was sucessful in having the case dismissed against its client prior to an answer being filed. 
  • Raskin & Raskin represented a corporation and its owner in a political corruption investigation regarding contracts for retail establishments at Los Angeles International Airport. Raskin & Raskin's clients were under investigation for having paid unlawful gratuities to a Los Angeles County Commissioner.  Although the Country Commissioner was prosecuted and convicted for accepting those gratuities, Raskin & Raskin was able to convince the prosecution to forgo prosecution of its clients. 

Search Warrants

Today, more than ever, the government is utilizing search warrants Ė rather than investigative subpoenas Ė to obtain records and materials in white collar criminal investigations. This gives the government not only the advantage of deciding for itself which materials it deems relevant and to seize materials plainly subject to privilege, but also allows government investigators to interview key corporate witnesses before they have had the opportunity to consult with counsel or otherwise prepare for the interview. Therefore, an immediate response by counsel to a search in progress is often the difference between maintaining the status quo and the government obtaining a distinct advantage. Raskin & Raskinís attorneys have significant experience responding to searches in progress and negotiating with agents and prosecutors to limit any prejudice to their corporate clients and their employees.

  • When FBI agents arrived at our corporate clientís business premises to execute a search warrant for documents, Raskin & Raskinís attorneys immediately responded. After the FBI and supervising Assistant U.S. Attorney ignored Raskin & Raskinís admonitions that many of the materials they wished to seize were covered by the attorney-client privilege, Raskin & Raskinís lawyers rushed to federal court, where they litigated an emergency motion for a protective order prohibiting the FBI from seizing the relevant materials. Because of Raskin & Raskinís prompt response, the courtís protective order was rendered in time to prevent the sensitive documents from ever leaving the clientís premises.

  • After law enforcement agents executed a search warrant on the offices of a national law firm seizing thousands of documents, Raskin & Raskinís attorneys represented the firm in litigating the return of thousands of pages of privileged client documents. That litigation included numerous court hearings as well as special master proceedings. As a result of Raskin & Raskinís efforts, no privileged documents were ever reviewed by the prosecution and they were all returned to the client law firm.

Congressional Investigations and Hearings

Criminal investigations sometimes result in parallel congressional investigations. Often, the political climate of a congressional hearing presents unique problems and dangers for those under investigation. For example, courtroom rules of evidence do not limit the scope of testimony, and because such investigations often include public hearings, clients may find themselves the subject of considerable media attention. In addition, the need for a strong public defense in congress may conflict with the most effective defense of the criminal matter. Raskin & Raskinís attorneys have represented witnesses before both the House of Representatives and the Senate and are experienced in balancing the competing interests to arrive at the best strategy for their clients.

Extradition

Extradition is the most common tool among nations for the surrender of individuals accused or convicted of criminal activity who are now beyond the jurisdiction of the requesting country. The United States is a party to extradition treaties with most other nations in the world. Raskin & Raskinís lawyers are experienced in extradition matters and have represented and counseled numerous clients on extradition issues over the years. Raskin & Raskin's lawyers are also experienced in dealing with both civil and criminal Mutual Legal Assistance Treaty requests and letters rogatory proceedings. 

  • Extradition matters handled by Raskin & Raskin include an individual accused of perpetrating the largest fraud in Canada's history and an individual charged with perpetrating the largest bank fraud in Germanyís history. 

Grand Jury Investigations

Key to defending any criminal matter is responding to a grand jury investigation. Raskin & Raskinís attorneys have represented numerous individuals and corporations who have been subjected to appearances or document productions before federal grand juries located throughout the United States. Raskin & Raskinís practice in this area has involved negotiating immunity agreements with the United States Attorneys, as well as obtaining "queen for a day" letters to provide proffers concerning a witness' statement on various subjects. The practice has also included preparation of witnesses and identification of documents for presentment to the grand jury and motions practice to challenge or limit grand jury subpoenas. Throughout the grand jury process, Raskin & Raskinís attorneys are always cognizant of the fact that their ultimate goal is to avoid both indictment and publicity.

Tax

Raskin & Raskinís attorneys have represented corporations and individuals in connection with investigations of federal and state tax fraud and evasion. Such representations have included allegations of failure to report income, causing the preparation and filing of false tax returns, taking of unlawful deductions, and failure to disclose foreign bank accounts. Raskin & Raskinís lawyers have also navigated clients through the IRS voluntary disclosure program, resulting in the governmentís agreement not to prosecute the clients for filing false tax returns and under-reporting income.

 

  • Raskin & Raskin sucessfully represented a former member of the board of directors of a large corporation which had been charged by the U.S. Department of Justice with failing to pay approximately $200 million in federal withholding taxes. While other board members were prosecuted and convicted, Raskin & Raskin convinced the prosecutors not to charge its client. 
  • Raskin & Raskin represented an accounting firm under investigation by the FBI and the Justice Department for preparing two sets of tax returns for its institutional clients Ė one accurate and one artificially inflated Ė for the purpose of allowing the firmís clients to procure large bank loans.
  • Raskin  & Raskin represents a lawyer in a multi-defendant federal tax case in which the government alleges that the conspirators caused more than $200 million in losses to the United States.  According to the Indictment, the defendants allegedly designed and implemented a scheme to evade more than $200 million in corporate taxes by purchasing companies with taxable gains and using fraudulent losses to wipe out the gains. The defendants then allegedly pocketed the corporationsí cash, filed fraudulent returns, and, in some instances, fraudulently sought and obtained refunds from the IRS for prior years. 

Money Laundering

The federal money laundering laws vastly expanded with the signing of the USA PATRIOT Act on October 26, 2001 by President Bush. U.S. financial institutions, including banks, investment companies and broker-dealers now have enhanced requirements that include, among other things, documenting the identification of beneficial owners and due diligence policies designed to detect money laundering. In application, the money laundering laws are no longer limited to organized crime and narcotics trafficking but prominently include investments and funds transfers arising from securities, defense procurement and health care frauds, federal false claim cases and institutional funds used or intended to be used in support of terrorism. Raskin & Raskinís attorneys have significant experience representing corporations and individuals in connection with money laundering investigations and prosecutions and have lectured before professional organizations on this subject.  

 

Asset Forfeiture

Asset Forfeiture encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate, criminal offenses.  Forfeiture of assets has become a major tool in the governmentís effort to hinder criminal activity.  Once used almost exclusively in narcotics and organized crime prosecutions, asset forfeiture is now used routinely in conjunction with even the most mundane criminal investigations and prosecutions. Raskin & Raskin is experienced in handling asset forfeiture matters and has represented numerous banks, financial institutions, corporations and individuals in both criminal and administrative forfeiture proceedings.