Summer Victories In Every Phase of Litigation


Markus/Moss PLLC

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In Summer 2015, Markus/Moss has achieved exciting victories for their clients in every phase of litigation: Pre-indictment, Trial, Sentencing, and Appeal.

First, David succeeded in avoiding criminal charges for NBA player Dwight Howard, who was being investigated for child abuse following allegations by the boy’s mother.  Despite the difficult climate for athletes facing abuse charges, David was able to demonstrate that Howard acted permissibly and should not face charges.  In another large scale white collar fraud investigation, the firm also succeeded in avoiding charges for their client.

The trial win was United States v. Brian Bailey.  That case involved importation of illegal drugs from China to the United States.  The government introduced evidence that packages of drugs were mailed to the client’s home, that he sent wires to China for the packages, and that he rented a storage facility that was used to store the drugs.  Through strong argument and cross examination, David and Margot demonstrated that the client was used by a friend, that he did not know what was in the packages, and that he was unaware of the criminal activity.  The jury returned a verdict of not guilty on all counts.

The sentencing win was in the matter of United States v. Rashmi Airan-Pace, a well-known and respected Miami lawyer who was charged in a large mortgage fraud case.  After her guilty plea, the firm prepared a complex sentencing presentation, including a lengthy sentencing memo, a sentencing video (produced by the director of Cocaine Cowboys and The U), and a detailed PowerPoint.  In addition, we submitted 180 letters of support from friends and family.  Although her guideline range was close to 5 years, she received a large downward variance and was sentenced to one year (and will serve less).

Finally, in a huge appellate win in the matter of United States v. Vanja Abreu, the Eleventh Circuit ruled that there was insufficient evidence to convict Dr. Abreu, and her conviction was vacated.  The case involved the false allegations that Dr. Abreu participated in a $200 million fraud scheme at American Therapeutic (an infamous and well-publicized case that was trumpeted by the Government when it was brought).   David and Mona were retained after trial to appeal Dr. Abreu’s conviction.