Contracting Without a License
Client was charged with a felony relating to contracting without a license. The case was dismissed based upon a motion we filed arguing the prosecution on this charge violated the United States Constitution.
Aggravated Manslaughter Case
Federal Criminal Investigation - Minority Hiring Practices
Possession of Child Pornography
Legal research, hiring an expert on sexual disorders, review of numerous submissions by the client to the Department of Children and Families, review of several home movies from my client’s family, interviews of several witnesses and several submissions and meetings with the prosecutor ultimately resulted in a dismissal of all charges.
Failure To File Tax Returns
First and most importantly, we had to convince our client his defense at trial – that is, that he had a good faith belief that he did not have to file tax returns based on a theory well known to tax protestors, was folly. That took well over a month to accomplish. Thereafter, we convinced the client to construct a web site on which he debunked the tax protestor argument and accepted responsibility for his actions. Then we had him speak at his church to accept responsibility and reject the theory which he formerly espoused – we had it videotaped and played it at the sentencing and, along with preparing and filing a lengthy sentencing submission, prepared several witnesses, including an expert who proved the inaccuracy of the testimony of the Internal Revenue Service agent. The government sought 3 years in prison, the sentencing guidelines recommended two years in prison, but the judge sentenced the client to 11 months. Further, the judge granted our request, over the government’s objection, to recommend to the Board of Chiropractic that our client’s license not be suspended or revoked.
2nd Degree Felony - Consensual Sexual Relationship
Criminal Seizure / Forfeiture Case
Money Laundering - Gambling Prosecution
Our client, a chiropractor, was charged with conspiracy to commit fraud and other crimes. This was a large federal fraud prosecution involving allegations of over-billing, billing for services not rendered and money laundering. The case involved hundreds of thousands of pages of records and documents. After two years, the government offered, and the client accepted, a negotiated settlement for probation.
Violation of Laws Regulating Lobbyists
Case involving allegations of conflict of interest, violation of laws regulating lobbyists – no criminal prosecution, resolved by no admission and payment of fine.
Client was arrested, along with another young person and charged with extorting money from an individual in Naples, Florida. Based upon electronic evidence, including text messages, emails and web searches, we were able to prove the innocence of the client and the case was dismissed.
Fatal Traffic Accident
Our client, licensed professional, arrested for leaving the scene and driving under the influence of alcohol. He was passed out, in the driver’s side of the vehicle, after running over several stop signs. Motion to suppress granted and case closed with plea to reduced charges and probation.
Possession of heroin case. Case dismissed as we were able to convince State they could not prove possession.
DUI / Drug Possession
Driving under the influence, possession of cocaine and possession of marijuana. Case dismissed.
Fraud & Money Laundering
Former elected official under investigation for causing traffic death. We were able to convince the State not to file criminal charges. Because of the State’s delay, the statute of limitations prevented State from filing even an infraction.
Unlicensed Money Transmitting
Client arrested on warrant for unlicensed money transmitting as he entered the United States. We proved client did not violate money transmittal statute. Case dismissed before an Indictment was issued.
Money Laundering, Structuring & False Statements
Client, not a US citizen, who was hired to build a $1,000,000 boat for a drug dealer and was then himself investigated and prosecuted for money laundering, structuring and false statements to law enforcement officers, avoided prosecution as we were able to convince the government to forego the criminal prosecution in return for a civil settlement.
Client, who is a medical doctor, was under investigation for insurance fraud related to an alleged false claim. No charges were filed in the case.
Client originally charged with possession with intent to sell drugs. First we were able to get the charge reduced to possession and then, we were able to get the case dismissed.
Client, a college student was arrested for possession of drugs. We were able to convince the prosecutor to dismiss the charges.
Illegal Drug Sales
Client, a college student, was arrested for selling drugs in his dorm room. First, we were able to convince the prosecutor not to file the case as sale on school grounds, and then, after the reduced charge was filed, we were able to convince the state to dismiss the charge altogether.
Leaving the Scene of an Accident
Nursing Abuse Felony
Felony Battery Case
Carrying a Weapon on School Grounds
Illegal Sale of Drugs
Client was originally charged with selling drugs. We were able to get the charges reduced and negotiated a probation plea.
Possession of Drugs
Client was stopped, arrested and charged with possession of drugs in his vehicle. The case was dismissed.
Leaving the Scene of an Accident & Drug Possession
Client was arrested and charged with leaving the scene of an accident and possession of cocaine. A non-citizen, he faced deportation if the case was not dismissed. We were able to get both charges dismissed.
In two separate cases, spanning a decade, the client was twice charged with driving under the influence of alcohol, resisting arrest with violence and battery on a law enforcement officer. All charges in both cases were dismissed.
Violation of Federal Currency Laws
Client was stopped entering the country on his private plane. He was accused of violation of federal currency laws. The case was negotiated for a civil penalty and no criminal charges were filed.
Burglary, Possession of Drugs & Resisting Arrest
A soccer coach was charged with several felonies, including attempted burglary, possession of drugs and resisting arrest with violence. With fingerprint evidence, hair follicle analysis, a polygraph and investigation we proved the client was innocent and the case was dismissed.
"People come to me when either their freedom or their legal career is at stake."
- David Rothman
Fraud, Identity Theft & Conspiracy
A lawyer-client was investigated by the federal government for fraud, identity theft and conspiracy. After a lengthy defense investigation, we were able to convince the prosecutor no crime was committed by our client.
Fraud - Loan Modification Business Arrangement
A lawyer-client was investigated for fraud related to a loan modification business arrangement. We avoided both federal criminal and civil prosecution.
DUI & Resisting Arrest
A client was charged with aggravated battery. The allegation was that he struck the alleged victim with his vehicle while the victim was riding his bicycle. With photographs and a polygraph and negotiations, we were able to convince the prosecutor to dismiss the charges.
Leaving the Scene of an Accident Involving Injury
A lawyer-client was arrested for leaving the scene of an accident involving injury. With a substantial factual investigation, we were able to prove to the prosecutor two things – first, the alleged victim, not our client caused the accident and second, the client pulled over as soon as possible and did not leave the scene. We used evidence obtained via the internet including overhead photographs of the location and information about and videos posted by the alleged victim. The case was dismissed.
Money Laundering - Gambling Prosecution
We represented a lawyer who was about to be held in contempt of court. In one day’s time, we prepared and filed a response to the allegations and argued it to the court. The judge reversed his prior ruling and withdrew his order of contempt.
Illegal Drug Sales
A doctor-client was arrested and charged with operating a pill mill. Through investigation and research, we were able to build a case that demonstrated a substantial legal defense to the charges. With negotiations with the prosecutor, we were able to convince him to offer diversion. The doctor-client accepted and the case will be dismissed upon the passage of time and payment of costs of investigation and prosecution.
Fraud - False Documents to an Insurance Company
A lawyer-client was accused of preparing false documents to an insurance company in a personal injury case. We intervened immediately and dealt with the insurance company directly. We refunded the money paid out by the insurance company and agreed to be responsible for any additional costs or expenses. No criminal charges were brought.
A client, who had just been released from prison, was being investigated for crimes committed while in custody. The crimes included bribing a corrections officer. We were able to negotiate a settlement without the client being charged and with the wife of the client providing truthful testimony.
Business Receiving Personal Benefit from Elected Official
One of our clients was a business owner who was providing business services to an elected official. The elected official demanded that the client provide the business services for the personal benefit of the elected official, without charge, or the elected official would preclude the client from obtaining an extension of the government contract. The client provided the business services. We were able to convince the prosecutor that the client was a victim and not guilty of criminal conduct and no charges were filed against him.
A lawyer-client was arrested for domestic battery. We fully investigated the facts, obtained documents demonstrating the witnesses, including his soon-to-be ex-wife, were not being entirely truthful and interviewed a key child witness. The state refused to dismiss the case so it went to trial before a jury. The jury acquitted the client after deliberating for less than an hour.
A lawyer-client hired us to defend him in a civil matter in which the opposing side was seeking a judicial order holding him in contempt of court. Through a series of meetings and several filings, we were able to resolve the matter and obtain an order dismissing the matter.
Possession of Drugs & DUI
A high profile client was charged twice with possession of drugs and driving under the influence. The first case was dismissed by the prosecutor after intense negotiations. One month later, the second arrest occurred. That case also resulted in a dismissal, again, with substantial, difficult negotiations with the prosecutor leading to a resolution that included drug treatment.
A lawyer-client was charged with his third driving under the influence case. Facing mandatory jail time, through our investigation we were able to determine one of the two essential police witnesses was under investigation for bribery and we obtained a dismissal of the charge.
A client who had plead guilty several years ago using another attorney came to our firm because he was about to be fired from his job as a mortgage broker. With the change in the law, because of his plea, he was precluded from working in this industry. Based upon presentation of a strong mitigation argument, we were able to convince the prosecutor to agree to a motion to vacate the plea and sentence and dismiss the case.
A young college student we represented was charged is a serious accident case with driving under the influence. First, we were able to avoid felony charges. Then, through investigation and litigation, we were able to get most of the evidence suppressed and then the case dismissed. The client is now applying to law school.
Money Laundering & Unlicensed Money Transmittal
A Venezuelan businessman we represented was charged with money laundering and unlicensed money transmittal. He also had a civil forfeiture case brought against him based upon the same allegations. We settled the civil case for a return of a substantial portion of the money and then, based upon a legal and factual presentation to the prosecutor, we convinced her to agree to diversion for our client, an unheard of result in a case such as this, and, one year later, obtained a dismissal of the charges.
Aggravated Battery Arrest
The son of a doctor, who owned his own business, was arrested and charged with aggravated battery. With investigation, we were able to obtain video footage refuting most of the allegations of the alleged victim. With additional factual and legal investigation, we submitted to the prosecutor our brief in support of dismissal. The prosecutor reviewed the submission and dismissed the case.
A well-known doctor was alleged to have sexually assaulted his own daughter. Conducting a substantial factual investigation we discovered fact witnesses who could and did refute the allegations. Along with a polygraph, we presented our argument to the detective leading the investigation. No charges were filed.
Robbery & Battery
A teacher-client was charged with committing a robbery and a battery. The alleged victim was a doctor. A strong defense was mounted through intense factual investigation and legal argument. Ultimately, the robbery charge was reduced to petit theft and thereafter, the entire case was dismissed.
Stealing Money from the Elderly
A client was alleged to have stolen hundreds of thousands of dollars from an elderly person. Through negotiations we were able to work out a civil resolution and no charges were filed.
Another doctor-client was under investigation for drug trafficking related to the dispensing of pain medication. Before hiring our firm, the client made a statement to the FBI admitting certain criminal conduct. The prosecutor conducting the investigation offered a felony plea which would have resulted in incarceration and the loss of her medical license. The offer was rejected. Several memoranda were prepared and submitted to the prosecutor demonstrating that, at most a misdemeanor was appropriate. We were able to convince the prosecutor to offer a misdemeanor and the judge ordered our client to perform community service.
Illegal Drug Sale
A young client was arrested and charged with sale of marijuana. In dealing first with the arresting detective and then the prosecutor, we were able to convince both to offer diversion, which is extremely unusual in drug case involving sale. The client completed the diversion program and the case was dismissed.
A client who had been stopped and detained by state and federal authorities was the subject of a criminal investigation for money laundering. At the time of the stop, the law enforcement officers seized a substantial amount of cash. We were able to negotiate a settlement of the case for no criminal charges and a return of half of the seized funds.
A young woman hired us to represent her in a case in which she was arrested for driving under the influence. We investigated the facts, determined there was a legal issue concerning the ability of the state to prove its case, prepared a legal memorandum and provided it to the prosecutor. The charge was dropped.
Embezzlement, Money Laundering & Fraud
In an unusual case, we were hired by a woman who had been accused by a foreign country of aiding and abetting a public official from that country of committing embezzlement, money laundering and fraud. The public official was in custody in the foreign country. We were able to convince the government that our client was duped into assisting the public official hide and use the stolen money, but that she had no knowledge of the source of the funds she helped him invest. The charges against her were dropped.
ACCOLADES & ASSOCIATIONs
Mr. Rothman is one of the first people I think of when it comes to South Florida’s finest attorneys. From start to finish, Mr. Rothman delivers first-class legal advice with a special attention to providing his clients with an individualized legal experience, regardless of the circumstances of the case. I fully, and wholeheartedly recommend Mr. Rothman’s legal services to anyone who needs an attorney in the Greater Miami community.
"I called Mr. Rothman to consult about a pending issue with the Florida Bar. He took my call at 5:20 in the afternoon. He listened to my concerns, provided me with a realistic view of how to address the issues and proposed a plan of response. Throughout the conversation he was professional and very informative. I greatly appreciate his time and candor."
Board Certified in Criminal Trial
Board Certified in Criminal Trial
Present Member and Past
Chair of the Board
Past BOARD MEMBER
Disciplinary Review Committee
of the Board Chair