Attorney Joshua Sabert Lowther's Legal Cases

Federal crime

United States v. B.O.

N/A

OUTCOME: Not guilty verdict on 2 of 4 counts; convictions on remaining 2 counts reversed on appeal.

The Government indicted our client on one count of International Parental Kidnapping and four counts of Extortion. Our client retained us after already having served almost the maximum term of imprison ... ment of three years on the kidnapping charge in pretrial detention, and just two weeks before trial on the four extortion counts. We tried the case without a continuance two weeks later and convinced a jury to find our client not guilty on two of the four extortion counts. Although the District Court imposed a sentence of 87 months of imprisonment on the two remaining extortion counts and ordered restitution, we appealed the conviction and restitution order to the US Court of Appeals for the Tenth Circuit, which reversed both convictions and vacated the restitution order.

Federal crime

United States v. W.C.

N/A

OUTCOME: Investigation terminated; no prosecution.

A private insurance company discovered that our client, a dentist, fraudulently billed it, various other insurance companies, and federal health care benefit programs for approximately $400,000 of serv ... ices that our client did not provide. We resolved the matter with a $248 reimbursement to one insurance company and no formal prosecution.

Federal crime

United States v. S.I.

N/A

OUTCOME: Investigation terminated; no prosecution

HHS-OIG investigated our client for Health Care Fraud and Aggravated Identity Theft based on the client's allegedly participating in a "telemedicine" kickback scheme that defrauded Medicare of approxim ... ately $30 million in reimbursements for not-medically-necessary durable medical equipment and genetic testing. After our having conducted our own investigation into the matter and making several presentations to the investigating agents and prosecutors, we convinced the Government not to prosecute our client.

Federal crime

United States v. J.C.

N/A

OUTCOME: Investigation terminated; no prosecution.

The FDIC-OIG investigated our client, a federal employee, for Bank Fraud and Perjury, based on the client's obtaining over $600,000 in mortgage loans by allegedly submitting multiple materially false l ... oan applications to multiple financial institutions and allegedly testifying falsely before a federal grand jury. We convinced the Government not to prosecute our client.

Federal crime

United States v. K.J.

N/A

OUTCOME: Investigation terminated; no prosecution.

The US Secret Service investigated our client for Wire Fraud, Theft, and Embezzlement, based on the client's allegedly diverting over $100,000 from the client's employer's business bank accounts to the ... client's personal bank account. We convinced the Government not to prosecute our client.

Federal crime

United States v. R.M., et al.

N/A

OUTCOME: Probation; no restitution obligation

The FBI and the HHS-OIG investigated our client for Health Care Fraud based on the client's submitting over $7 million in alleged false claims to Medicare. The Government indicted our client on Conspir ... acy to commit Health Care Fraud, Health Care Fraud, Aggravated Identity Theft, and False Statements. On the first day of trial, after jury selection, we convinced the Government to agree to our client's pleading guilty to a Class B misdemeanor, with a guaranteed sentence of probation. The other defendants pled guilty to various felonies and received sentences to terms of imprisonment of up to 133 months and restitution. The District Court to sentenced our client to three years of probation, with no restitution obligation.

Federal crime

United States v. C.S.

N/A

OUTCOME: Probation.

The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client's allegedly participating in a distributed denial of service ("DDOS") ... attack on a corporate website, resulting in $1 million of damages. We convinced the Government, prior to indictment, to agree to our client's pleading guilty to a Class A misdemeanor, with a recommended sentence of probation. The District Court sentenced our client to three years of probation.

Federal crime

United States v. J.A.

N/A

OUTCOME: Probation.

The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client's allegedly conspiring to obtain $1.7 million ... in fraudulent mortgage loans from multiple financial institutions. Despite the overwhelming evidence against our client, we convinced the Government to agree to our client's pleading guilty to a Class D felony. We then convinced the District Court to sentence our client to three years of probation.

Federal crime

United States v. F.A.P., et al.

N/A

OUTCOME: Prosecution terminated.

The FBI investigated and the Government indicted our client for Aiding and Abetting another person's traveling in interstate commerce with the intent to engage in illicit sexual conduct with a minor. A ... fter completing our investigation of the case, we convinced the Government to dismiss all charges against our client two weeks before the trial began.

Federal crime

United States v. E.P.

N/A

OUTCOME: Convinced Court to reduce recommended sentence of 324–405 months of imprisonment to 60 months (without cooperation) by reducing loss of $1.3 billion to $250 million; client will serve 27 months.

The FBI investigated and the Government indicted our client, the CEO of a telecommunications company, for forging documents resulting in a $1.3 billion loss to investors. Although our client admitted ... the conduct to investigators before retaining our firm (and based on those admissions, faced a recommended sentence of 324–405 months of imprisonment), we arranged the client's voluntary surrender to the FBI, and negotiated the client's immediate release from custody on a personal recognizance bond (the client did not have to post any money for bail). We then convinced the Government, ten days before trial, that it could not prove but $250 million in loss, and the client pled guilty to the indictment before the trial began. Despite our client's then facing a recommended sentence of 97–121 months of imprisonment, we convinced the District Court to impose a sentence of 60 months of imprisonment, with voluntary surrender to a federal prison camp. We continued to work to reduce the client's sentence (without cooperating against other persons), and we now expect the Federal Bureau of Prisons will release our client upon the client's serving 27 months of imprisonment.

Joshua Sabert Lowther's Legal Cases (20)

United States v. B.O.

United States v. W.C.

United States v. S.I.

United States v. J.C.

United States v. K.J.

United States v. R.M., et al.

United States v. C.S.

United States v. J.A.

United States v. F.A.P., et al.

United States v. E.P.