Alan J Sobol's Legal Cases (3)

White collar crime

White Collar Defense

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OUTCOME:

• Represented a white collar defendant charged with computer cyber-theft larceny of bank accounts and criminal conspiracy involving foreign individuals in a state court prosecution, which resulted in a ... dismissal of all charges. • Represented a Licensed Social Worker in a favorable Civil False Claims Act global settlement agreement with the U.S. Attorney’s Office, the Office of the Inspector General (OIG-HHS); the Office of the Connecticut Attorney General and Connecticut Department of Social Services. • Represented a state employee in a federal criminal, grand jury investigation by the U.S. Attorney’s Office involving allegations of mail fraud, kick-backs and improper gratuities pertaining to state contracts, resulting in no criminal charges being filed. • Represented a state employee in a parallel high-profile public corruption investigation by the Connecticut Attorney General’s Office resulting in no criminal or civil charges being filed. • Represented a state employee in a high profile federal criminal, grand jury, public corruption investigation by the U.S. Attorney’s Office, resulting in no criminal charges being brought. • Represented a former town counselor in a federal criminal white collar public corruption investigation by the U.S. Attorney’s Office resulting in a misdemeanor only tax conviction, with no jail time. • Represented an automobile dealership business manager in a multi-defendant, federal, criminal mail and wire prosecution by the U.S. Attorney’s Office, resulting in a favorable non-Guidelines sentence. • Represented a business manager in a Corrupt Organizations and Racketeering Activity Act (CORA) state court criminal prosecution. Although the client was facing a plea agreement sentence of seven years in jail, she received a favorable sentence of probation only. • Represented a Connecticut businessman in a federal white collar criminal bank fraud investigation by the U.S. Attorney’s Office for Southern District of New York resulting in no criminal or civil charges being filed. • Represented a Connecticut businessman in a federal criminal mail fraud investigation by the U.S. Attorney’s Office for the Eastern District of Pennsylvania resulting in no criminal or civil charges being filed. • Represented state employees and officials in State Ethics Commission matters. • Represented a national rail transportation carrier and obtained a temporary restraining order, preliminary and permanent injunctions in U.S. District Court ending a “wildcat” strike that violated federal railroad statutes and collective bargaining agreements. The injunctions were granted on the grounds that the defendants caused irreparable harm to the public. • Represented a commercial bank in a federal multi-district securities litigation involving tax shelter limited partnerships formed to develop and operate real estate properties and successfully prevented shareholder “class action” certification. A favorable settlement was obtained through a “workout” with shareholder investors on behalf of the lender bank.

Criminal defense

Criminal Defense

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OUTCOME:

• Represented a physician pediatrician in a federal child pornography case. The client, who was facing a federal sentencing guidelines range of 17.5 to 20 years' imprisonment, with a mandatory minimum ... sentence of five years, received, under the circumstances, a described "lenient" sentence of only 60 months. • Represented a family practice physician in a federal child pornography prosecution who, the Government represented, amassed one of the largest collections in Connecticut history. The client, who was facing a Federal Sentencing Guidelines range of 9 to 11 ¼ years’ imprisonment, with a mandatory minimum sentence of 5 years and a fine of up to $250,000, received a described “reduced” sentence of only 51 months with a fine of $10,000. • Appointed by the U.S. District Court under the Criminal Justice Act to represent a young defendant charged with international drug trafficking. The first time federal defendant, charged with smuggling over 12 kilograms of heroin into the U.S., was facing a mandatory minimum sentence of at least ten years, but received a sentence of time-served fourteen months. • Appointed by the U.S. District Court under the Criminal Justice Act in a federal criminal case to represent defendant charged with Conspiracy to Possess with Intent to Distribute and to Distribute 100 kilograms or more of marijuana. The client was facing a federal mandatory minimum sentence of at least five years. After a three-day trial and two days of deliberation, successfully argued the case to a draw, resulting in a hung jury and a mistrial. • Represented a Licensed Social Worker in a state criminal prosecution for violating vendor fraud statutes resulting in a favorable pre-trial Diversion Program resolution. • Represented an owner of an escort service in a state Corrupt Organizations and Racketeering Activity Act (CORA) conspiracy and promotion criminal jury trial. • Represented individuals charged with violating federal and state child pornography possession and distribution statutes, involving use of internet, computers and postal services. • Appointed by the U.S. District Court under the Criminal Justice Act in a federal criminal case to represent a defendant charged with violating federal drug trafficking, crack cocaine laws. At sentencing, the Court took the unprecedented step in the District of Connecticut and the Second Circuit and ruled that the Fair Sentencing Act applied retroactively to the defendant. By doing so, the Court found that the U.S. Sentencing Guidelines and mandatory sentencing provision were inapplicable and sentenced the defendant to only 41 months in the face of a Guidelines sentencing range of 262-327 months.

Health care

Health Care

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OUTCOME:

• Represented a pain management physician prosecuted for two counts of manslaughter and 24 counts of illegally dispensing narcotic drugs. The client was facing a maximum of 291 years' imprisonment, wi ... th a mandatory minimum of five years, and $887,000 in fines. After two years of protracted discovery and hearings, both manslaughter counts and 22 of the 24 counts of illegally prescribing controlled substances were dismissed, and client received a suspended sentence with no jail time, probation only, and a fine of $20,000. • Represented a Connecticut skilled nursing facility investigated by the U.S. Attorney's Office for violating the False Claims Act. This was a precedent setting case of first impression in Connecticut involving allegations of violating the HHS-OIG Exclusions Database and resulted in a civil settlement agreement in which the facility did not admit liability. • Represented a skilled nursing home officer in a high- profile criminal fraud investigation by the U.S. Attorney’s Office resulting in no criminal or civil charges being brought. • Represented a medical professional in a qui tam whistleblower financial fraud investigation by the U.S. Attorney’s Office pertaining to federal grants resulting in a favorable civil settlement. • Represented a pharmacy owner-manager in a federal criminal jury trial in the U.S. District Court; client was charged with illegally dispensing pain management controlled substances, which resulted in a sentence of probation only, with no jail time; reinstatement of pharmacist license and pharmacy manager status. • Represented a Connecticut pharmacist in a federal criminal prosecution by the U.S. Attorney’s Office for the Southern District of Florida involving allegations of shipping out-of-state misbranded drugs. • Represented pharmacists before the Pharmacy Commission, including cases involving pain management and off-label dispensing issues resulting in reinstatement of pharmacists’ licenses. • Represented physicians in Department of Public Health and Connecticut Medical Examining Board license enforcement, suspension and revocation matters, involving professional misconduct and criminal conduct.

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