United States v. Jennifer Barnett
N/AOUTCOME: Not guilty jury verdict on all counts
I successfully represented the CEO of a Medicare and Medicaid contractor in a Medicare fraud trial. My client was acquitted on all counts.
Kevin John Darken's Legal Cases (8)
Tampa, FL
White collar crime Lawyer at Tampa, FL
Practice Areas: White Collar Crime, Consumer Protection ... +4 more
United States v. Patrick Stewart
N/AOUTCOME: Home detention for embezzling $1.8 million
I obtained a sentence of one year home detention at a day-long contested sentencing hearing for a client convicted of embezzling $1.8 million from his employer. See St. Petersburg Times article on Nov ... ember 21, 2006.
United States ex rel. Carolyn Ferrara and Ellen Murray v. Michael Rosin
N/AOUTCOME: $1 million recovery for clients from qui tam case
I filed a False Claims Act qui tam complaint for client whistleblowers Carolyn Ferrara and Ellen Murray. So far, the clients have been paid over $1 million as their relators' share of the Medicare fra ... ud recovery obtained by the Government from former Sarasota dermatologist Michael Rosin. See St. Petersburg Times story on December 9, 2008.
United States v. Bracciale
N/AOUTCOME: Reversed sentence on appeal; sentence reduced.
I successfully reversed client's sentence on appeal on the grounds that the loss had been improperly calculated. The client's sentence was reduced from 15 months to 6 months. The appeal is reported a ... t 374 F.3d 996 (11th Cir. 2004).
United States v. Gilbert
N/AOUTCOME: Conviction reversed due to statute of limitations
I successfully reversed the client's conviction for bankruptcy fraud and the client's 33 month prison sentence based on a statute of limitations argument. The appeal is reported at 136 F.3d 1451 (11t ... h Cir. 1998).
United States ex rel. Bane v. Breathe Easy Pulmonary Services, Inc.
N/AOUTCOME: Defeated 9(b) motion to dismiss for particularity
I defeated the defendants' motions to dismiss the qui tam complaint under Federal Rules of Civil Procedure 12(b)(6) and 9(b) for lack of particularity. This is reported at 2007 WL 4885468.
United States ex rel. Bane v. Breathe Easy Pulmonary Services, Inc.
N/AOUTCOME: Defeated public disclosure motion to dismiss
I successfully defeated defendants' motion to dismiss the qui tam complaint for lack of subject matter jurisdiction based on the public disclosure bar of the False Claims Act. This is reported at 2008 ... WL 4534128 (M.D. Fla. 2008).
United States ex rel. Ferrara v. Rosin
N/AOUTCOME: Got counterclaims against client dismissed
I successfully got the defendants' counterclaims against my qui tam relator client dismissed. This is reported at 2007 WL 2412848.
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