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Daniel Scott Fridman

Daniel Fridman’s Legal Cases

5 total

  • Antitrust Investigation

    Practice Area:
    White Collar Crime
    Outcome:
    The grand jury investigation was closed.
    Description:
    Defended a chemical company against allegations of price fixing, bid rigging, and collusion in a U.S. Department of Justice criminal antitrust grand jury investigation of the chemicals industry. Defended a parallel civil whistleblower lawsuit brought by a former employee of the chemical company.
  • Nicole Defontes vs. Federal Bureau of Prisons, Case No. 09-22680-CIV-COOKE, Southern District of Florida

    Practice Area:
    Criminal Defense
    Date:
    Jan 18, 2011
    Outcome:
    The Court-ordered immediate release of Defontes, and a settlement of $300,000 for attorneys fees and damages.
    Description:
    Nicole Defontes had just two months left in the Federal Bureau of Prisons early release program before she was set to be released. As part of the requirements of the early release program, she was living at a half-way house and working at The Treatment Center, a client of Holland & Knight. On August 10, 2009, U.S. Marshals arrested Ms. Defontes and charged her with failing her drug test and testing positive for opiates. She was taken to FDC-Miami. On September 10, 2009, Mr. Fridman filed a petition for a writ of mandamus and habeas corpus in the U.S. District Court in Miami. The case was assigned to Judge Marcia Cooke, who scheduled a hearing for October 7, 2009. Judge Marcia Cooke of the U.S. District Court for the Southern District of Florida scheduled a hearing for October 7, 2009. Mr. Fridman prepared a brief to the Court showing that Ms. Defontes’s drug test results were three times below the BOP cutoffs for finding a positive result, that Ms. Defontes’s due process rights were violated by the BOP, and asking for her immediate release. Judge Cooke held the hearing and at the end, she compared the BOP to a "gulag" and remarked that this is the kind of conduct we would call "Amnesty International" to investigate if it had happened in another country. Judge Cooke then ordered Nicole transferred out of the custody of the Bureau of Prisons and into the custody of the U.S. Probation Office so she could begin her supervised release. Mr. Fridman filed a Motion for Attorney’s Fees and Costs on October 30, 2010 claiming an entitlement to fees and costs under the Equal Access to Justice Act, under 28 U.S.C. § 1927, and under the Court’s own inherent authority. In the end, in January 2011, the Federal Bureau of Prisons settled with Nicole and her family for $300,000 (about 90% of her fees and costs) and wrote an extraordinary letter explaining the step it has taken to correct its due process problems.
  • Criminal Federal Tax Evasion Case, Middle District of Florida

    Practice Area:
    Criminal Defense
    Date:
    Mar 01, 2011
    Outcome:
    Client was sentenced below the sentencing guidelines to a term of probation.
    Description:
    Our client was prosecuted for income tax evasion. His sentencing guidelines required time in prison, which would have forced his large landscaping business to close in addition to depriving him of his freedom. After hearing our arguments at the sentencing hearing, the judge decided to go below the sentencing guidelines and sentence our client to probation. As a result, he did not have to spend any time in prison and could continue to operate his business and pay the taxes he owed.
  • Federal Anti-money Laundering Investigation of a Bank

    Practice Area:
    Criminal Defense
    Date:
    Aug 16, 2011
    Outcome:
    Deferred prosecution agreement.
    Description:
    We settled a case with the Department of Justice on behalf of a bank that was being investigated for several years for anti-money laundering compliance violations. The case resulted in a deferred prosecution agreement and a $11 million fine, the second lowest fine a bank has ever received for money laundering violations to date.
  • Sergio Masvidal vs. American Express, U.S. District Court, Southern District of Florida

    Practice Area:
    Litigation
    Date:
    Mar 29, 2010
    Outcome:
    Motion to Dismiss granted and the case was dismissed with prejudice.
    Description:
    American Express was sued in federal district court in Ft. Lauderdale, Florida by Sergio Masvidal, a former senior executive of American Express Bank International (AEBI) for fraud, defamation, and tortious interference with advantageous business relationships. We filed a motion to dismiss, arguing that in his 40-page, 122-paragraph complaint, Plaintiff failed to state claims for fraud, defamation, and tortious interference. We also argued that the claims were legally barred by a release in his severance agreement, Florida's litigation privilege, and Florida's single-action/single-publication rule. Finally, we argued that the court should not grant Plaintiff leave to amend because it would be futile. In a 31-page decision rendered on March 29, 2010, District Court Judge William P. Dimitrouleas agreed with each of the arguments advanced by Holland & Knight and granted the motion to dismiss with prejudice, denied Plaintiff leave to amend, and dismissed American Express from the case.