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 involved parallel proceedings including a three-year federal grand jury investigation followed by indictment, trial and appeal, a state homicide investigation and indictment, and administrative investigations by the FAA, the EPA, the NTSB and 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. Raskin & Raskin 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 successfully argued that the governmentís theory of criminal liability was flawed and that, if charged, its clientís defenses would be substantial. No charges were 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. 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. Before trial, Raskin & Raskinís lawyers obtained a dismissal of the charges against its client based on improper pre-indictment delay. The government appealed the courtís dismissal to the Eleventh Circuit Court of Appeals which 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 not charged.
Food and Drug
The Federal Food, Drug, and Cosmetic Act is enforced through criminal prosecution, injunctions, civil penalties, and administrative actions.
- Raskin & Raskin represented the Executive Vice President of Cordis Corporation, a medical device manufacturing firm, on a federal indictment charging the unlawful transportation in interstate commerce of medical devices (allegedly defective cardiac pacemakers) in violation of Food and Drug laws. Following a lengthy trial, Raskin & Raskin convinced the trial court to dismiss all felony counts pending against its client. The jury subsequently acquitted the client 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 they alleged 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. Raskin & Raskin persuaded the government that itís client lacked the requisite intent to commit a crime and no charges were ever brought against the client firm or its principals.
- Raskin & Raskin represented a nationally prominent physician and medical researcher implicated in a scheme 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. Raskin & Raskinís client, a Canadian citizen also faced deportation in the event of a felony conviction. During trial, Raskin & Raskin negotiated a disposition that resulted in neither incarceration nor deportation.
- The Department of Justice, with its client agencies FDA, DEA and Customs, has begun instituting criminal prosecutions and civil enforcement actions against online sellers of drugs and other pharmaceutical products. These cases frequently involve allegations of 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 involving an online prescription drug operation which 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 FDA laws and regulations. Following a major product recall and lengthy grand jury investigation, Raskin & Raskin persuaded DOJ to decline prosecution of its client.
- Raskin & Raskin represented a number of psychiatric hospitals and one of their principals in a 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 imminent indictment for an alleged violation of Medicareís "related party" rules. After conducting an investigation into the allegations, 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 -- it also declined to pursue available civil collection remedies.
- Raskin & Raskin represented the owner of a Community Mental Health Center 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 or did not meet Medicare's requirements for receiving the services; and billing Medicare for services that were performed by unlicensed personnel. Raskin & Raskin negotiated 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.
- Raskin & Raskin represented a defendant in one of the then-largest Medicare fraud and money laundering cases in the United States. According to the Indictment, the defendants and their health clinics submitted over $100 million in false claims to Medicare for infusion and injection therapies designed to treat patients suffering from cancer, HIV, AIDS, and chronic pain. The fraud proceeds were then alleged to have been laundered by straw companies through a related check cashing business.
- Raskin & Raskin represented a prominent law firm under investigation for assisting its large real estate developer client in committing mortgage fraud.
- Raskin & Raskin represented a partner in a real estate development company under investigation for a $32 million mortgage fraud involving the unlawful compensation of brokers who supplied straw and unqualified condo buyers as well as 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.
- Raskin & Raskin represented the chairman of the board of a large, publicly traded banking institution in an SEC probe of possible insider trading in connection the sale of his stock just prior to the bankís failure. The SEC accepted Raskin & Raskinís position that its client had not acted improperly in the sale of his shares and declined to institute an administrative proceeding.
- Raskin & Raskin defended the Chairman and CEO of a public telecommunications company 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.
- 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, and discrete handling by counsel.
- 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 under investigation for tax evasion stemming from a legal fee he had received. His client, a government witness, alleged that the lawyer had structured the fee to avoid the payment of taxes. No charges were ultimately filed.
- Raskin & Raskin represented a prominent lawyer under investigation by the Department of Justice based on an allegation of obstruction of justice in connection with a multi-million dollar fee the lawyer had received. Raskin & Raskin established that their client was not a knowing participant in the scheme and 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. The DEA had identified the physician is one of the then-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 he 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 identified as targets of an investigation into the clandestine shipment of large quantities of commercial goods to Haiti in violation of the presidential embargo in place at the time. 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 falsely representing to the Department of Agriculture that domestic products were being exported rather than remaining for sale in the United States. 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. Raskin & Raskin convinced the government not to charge the corporation in either jurisdiction. Instead, an agreement was reached by which the companyís president pled guilty to a single minor charge in one district which resulted 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 charges pending its own internal investigation and ultimately convinced the government 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, the artifacts had been removed from Ecuador in violation of its patrimony laws and, thus, in violation of U.S. Customs and stolen property laws. Raskin & Raskin ultimately persuaded the United States Attorneyís Office that its client had committed no U.S. crime and 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.
In recent years, the U.S. Department of Justice and state law enforcement agencies have intensified the investigation and prosecution of internet gaming, particularly sports betting. Raskin & Raskin has handled a number of these cases and is experienced in dealing with issues specific to off-shore gaming offenses.
- Raskin & Raskin represented individuals indicted on charges of operating a highly sophisticated, illegal sports betting enterprise that stretched from New York to Nevada, as far south as Florida and Costa Rica, and that booked nearly $178 million in wagers over a 32-month period on professional and college basketball, football, baseball and hockey.Based on the serious nature of the charges (Enterprise Corruption), the clients faced 35 years imprisonment. Following lengthy pre-trial proceedings, Raskin & Raskin achieved 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."
Raskin & Raskin has represented clients in grand jury investigations and prosecutions of environmental offenses, ranging from dumping of hazardous waste to negligent homicide. Representative cases are diverse and include prosecutions 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. In addition to navigating clients through the criminal process, we have defended clients against the threat of suspension and debarment from government procurement programs.
- 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 the explosion was an unfortunate accident, not a crime. No charges were 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 was trial counsel for the captain of a cargo vessel who, with 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 sentence its client to a term of non-reporting probation.
- 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.
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 auction firm under investigation for price fixing 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 obtained 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.
Over the years, Raskin & Raskinís lawyers have represented numerous public 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 successfully represented President Donald J. Trump in the Special Counsel Investigation into alleged Russian interference in the 2016 Presidential election, links between associates of Donald Trump and Russian officials, and possible obstruction of justice (the Mueller Investigation).
- Raskin & Raskin successfully represented President Donald J. Trump in the impeachment by the House of Representatives alleging that he abused his power and obstructed Congress. After a trial before the United States Senate, with the Chief Justice of the United States presiding, the Senate acquitted President Trump of both charges.
- 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 have included 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 into allegedly improper political contributions.
- 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.
The government is making increased use of search warrants Ė rather than grand jury or investigative subpoenas Ė to obtain records in white collar criminal investigations. This gives the government the advantage of deciding unilaterally which materials it deems relevant to an ongoing investigation and may result in the seizure of materials plainly subject to attorney client and other privileges. The execution of a search warrants also serves as an opportunity for government investigators to interview witnesses in a disruptive setting and before they have had the opportunity to consult with counsel or otherwise prepare for the interview. An immediate response by counsel to a search in progress is often the difference between maintaining the status quo and surrendering to the government a distinct advantage. Raskin & Raskinís attorneys have significant experience responding to searches in progress, negotiating with agents and prosecutors to limit prejudice to their clients, and seeking prompt redress in the courts for searches that imperil constitutional and statutory privileges.
- When FBI agents arrived at a corporate clientís business premises to execute a search warrant for documents, Raskin & Raskinís attorneys immediately responded. When the FBI agents and the 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 & Raskin filed an emergency motion for a protective order prohibiting the FBI from seizing and reviewing the privileged materials. Within two hours, Raskin & Raskin was in court litigation the motion. A protective order was entered before the sensitive documents left the clientís premises, the documents were ordered to be placed in a locked room, and a special master was appointed to resolve any disputes.
- 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 may result in parallel congressional investigations. Often, the political climate of a congressional hearing presents unique problems and dangers for those under investigation. 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.
Raskin & Raskin has represented and counseled numerous clients on extradition issues. The firm is 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.
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. The firmís 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 & Raskinís client was not charged.
- 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 indictment alleged losses in excess of $200 million through a scheme in which defendants purchased 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.
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