Markus/Moss PLLC

Criminal Antritrust Cases

The Firm is known for fighting and winning the most difficult and complex criminal antitrust cases.  Here are two examples:

— United States v. Rodrigo Hidalgo. In a total victory for our client, David Oscar Markus along with Mona Markus successfully obtained the dismissal of two indictments against the Vice President of an airline. The charges involved allegations of federal criminal antitrust laws violations by conspiring to fix fuel surcharge prices on air cargo shipments to and from the U.S. The team obtained a dismissal of the first indictment after demonstrating their client’s lack of participation in the conspiratorial meeting. With regard to the second indictment, the team filed a unique motion demonstrating that the VP was simultaneously an employee of another airline which meant that he was covered under the grant of immunity in that airline’s plea agreement. The DOJ fought hard against the motion, filing 9 pleadings in opposition and calling multiple witnesses to testify in support of their position. After a two day evidentiary hearing, the Magistrate Judge wrote a 49-page order granting the motion to dismiss, and the District Court affirmed.

The Hidalgo case was part of a string of pre-trial dismissals that the Firm recently has obtained.  Other cases include United States v. Brian Cooper (CEO of large company charged in two cases discussed below), State v. Rene Pedrayes (executive in RICO case discussed below), United States v. Juan Gomez (money laundering case discussed below), United States v. Mazen Salloum (gambling case discussed above) and State v. Jeffrey Lipman (a pain medication case, which was dismissed pre-trial).  Obtaining a not guilty verdict is rare.  Obtaining a dismissal pre-trial is even rarer.  The creative and aggressive approach of the Firm has led to these unique results .

— United States v. Francesco Scaglia. This federal criminal antitrust trial involved over a million documents and numerous cooperating witnesses from around the world. Although the trial took 4 weeks, the jury found Mr. Scaglia not guilty in less than 2 hours. Below is a picture of David and the winning trial team after the not guilty verdict.

David Markus, Francesco Scaglia and the trial team after their not guilty verdict

David Markus, Francesco Scaglia, and the trial team after their not guilty verdict

The Firm is also currently handling the petition for certiorari in United States v. Peake, a criminal antitrust case that was tried in Puerto Rico.

Criminal Antritrust Cases

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