Highlights of Our Past Cases and Commentary
Acquittal on a Federal Indictment
National media reports that Markus won an acquittal on a federal indictment and recovered fees for prosecutorial misconduct (PDF of the National Law Journal reporting).
Read the court order here (pdf).
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.
David Markus and Margot Moss
Here is a Law Dragon Profile of David Markus (pdf) 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 (pdf) category and David Markus is also named finalist in the public interest (pdf) category.
Dismissal of Two Federal Antitrust Indictments
In 2011, the firm obtained dismissal of two federal antitrust indictments against a high-level executive in an air cargo antitrust case.
A Florida magistrate judge said that an indictment against an ex-Florida West International Airways Inc. executive accused of taking part in a conspiracy to fix rates on air cargo shipments should be dismissed because he was covered by a previous plea deal involving LAN Cargo SA.
“Rodrigo [Hildago] and I are just thrilled,” David Oscar Markus of Markus & Markus PLLC, an attorney for Hidalgo, told Law360 on Friday. “We knew from the very beginning that he should have never been indicted. This is an across-the-board victory, so we’re just very, very appreciative and thankful that Judge Torres examined this case carefully.”
Read about the case:
2011 News
Read news coverage and commentary from 2011.
2010 and 2009 News
Read news coverage and commentary from 2010 and 2009.
- Judge Slams Bureau of Prisons (pdf) for Keeping Inmate (Daily Business Review)
- Profile of Markus’ Client after Acquittal (pdf)
- Markus uncovers prosecutorial misconduct (AP) (pdf)
- Not guilty verdict for doctor charged with 141 counts (Sun-Sentinel) (pdf)
- Not guilty verdict for doctor charged with 141 counts (Herald) (pdf)
- David Markus testifies before the U.S. Sentencing Commission (pdf)
- National Law Journal covers Markus victory in price-fixing case (archived)
First Amendment Claim in Cockfight Suit
David Markus challenged the constitutionality of a federal statute in this case.
More cases and commentary
Web Sites Listing Informants Concern Justice Dept. New York Times – May 2007 (pdf)
The owner of a Pompano Beach adult game room sobbed uncontrollably, her attorney pumped his fists in victory and courtroom spectators applauded as a jury acquitted her Monday night of illegal gambling charges. A victory for adult arcade patrons (pdf)
Extradition of Gilberto Rodriguez (pdf)
Florida Trend on Bloggers (pdf)
Federal Court Blistered from the Bench Fighting FDC (pdf)
Giving Thanks – Fourth Amendment Forum (pdf)
Drugs, Dogs And Cars: Oh, My – Fourth Amendment Forum (pdf)
Judge John Roberts’ Short Story – Fourth Amendment Forum (pdf)
Government Crybabies -From the Courts (pdf)
DAILY BUSINESS REVIEW 12/12/05 (pdf)
Miami lawyer honored – 2002-07-31
Federal Judge in Miami Rules Sentencing Guidelines Unconstitutional (pdf)
Board of Education v. Earls (pdf)
Atwater v. City of Lago Vista (pdf)
A Valued Perspective
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, he was quoted in the Walla Walla Union-Bulletin about the Supreme Court ruling in favor of criminal defendants in a dog-sniff search case, and in the Bradenton Herald about internet cafes and the State’s use of an expert named Bob Sertell.
In a Sun-Sentinel article, he was 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.”
Life Sentence Vacated
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 (pdf)
David Markus Sworn into the Bar, 1997
David Markus with then-Chief Judge Edward B. Davis when he was sworn into the bar in 1997 during his clerkship.
ARTICLE BY NOAH BIERMAN
nbierman@MiamiHerald.com
Lawyers lend hand to student protesters
University of Miami student protesters have drawn big help from Miami’s legal community as they face discipline from the university.
Student protesters at the University of Miami have attracted a group of prominent Miami lawyers who are volunteering their time to help students facing disciplinary action for their roles in a campus labor struggle.
Lawyers say 16 students are under investigation for ”major charges” that could result in expulsion or loss of scholarships if the school decides to charge them.
Graduate student Katharine Westaway, one of those summoned to the dean of students office, said she believes the potential charges stem from the students’ participation in a sit-in last week in the administration building.
UM spokeswoman Margot Winick said federal student privacy laws prevent university officials from commenting on potential discipline.
NEUTRAL POSITION
UM President Donna Shalala has said the school is neutral in a dispute between the Service Employees International Union and Boston-based contractor UNICCO over an effort to unionize school janitors. But she has expressed increasing frustration at the lingering protest that has involved workers, students, professors and clergy.
On Tuesday, UM won a court injunction to keep union organizers off campus.
”During this final week of classes and final exams, we will not tolerate interruptions to campus life,” Shalala wrote in an e-mail sent out Wednesday to students and staff.
STUDYING THE RULES
Defense attorney David O. Markus, who normally pores over complex federal law to defend high-paying clients, spent the day studying UM’s student handbook before a meeting with UM associate dean of students Gregory R. Singleton on behalf of freshman Alyssa Cundari, 19.
”No charges have been filed yet. They’re still investigating, they say,” Markus said.
He and other lawyers say the hearings have been going on all week and that defense lawyers have advised students not to answer questions.
”I was actually shocked today when they were attempting to get [student leader] Jacob [Coker-Dukowitz] to essentially confess to them,” said Susan Bozorgi, a private defense attorney who is organizing fellow lawyers.
GROUP GROWS
Bozorgi has assembled nearly 20 lawyers, including former American Civil Liberties Union Presidents Lida Rodriguez-Taseff and Benjamin Waxman, and Patricia Ireland, former president of the National Organization for Women.
Bozorgi said the lawyers are not taking sides in the labor dispute, but worry UM is becoming too aggressive in thwarting nonviolent protests.
“I don’t have an opinion about the underlying issue,” she said. `I’m offended that the school is attempting to use rules and regulations in a private institution to punish and squash the First Amendment rights of a group of students. That’s what’s moving me.”