Successful Case Studies: How Boston Attorneys Resolved Credit Claims – Brian Kelly defends corporations and executives in federal and state investigations of all types, including SEC inquiries, insider trading charges, health care fraud cases, False Claims Act (FCA) allegations, internal corporate investigations, white collar criminal defense and NCAA subjects to fill He has tried dozens of federal cases, including the James “Whitey” Bulger case until its successful conclusion. He also recently defended a parent in a federal trial stemming from the Varsity Blues investigation, obtaining a favorable appellate judgment that overturned the conviction.
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Successful Case Studies: How Boston Attorneys Resolved Credit Claims
With over 30 years of experience in government investigations and white-collar defense, Brian is a nationally recognized former federal prosecutor and senior trial attorney. His seasoned judgment and strategic advice comes from years of experience in the US Attorney’s Office in both Boston and San Diego.
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As a federal prosecutor, Brian handled some of the most sensitive and complex prosecutions and investigations in government, including economic crimes, RICO charges, health care fraud and abuse, public corruption, bank fraud, money laundering, mail and wire fraud, employment begging, union corruption. and violations of the Foreign Corrupt Practices Act (FCPA). He also achieved successful results in conducting major federal investigations in high-profile, high-profile cases involving official misconduct, summary judgment, obstruction of justice, perjury, extortion and homicide.
Brian’s background and extensive litigation experience gives him a unique perspective and enables him to protect his clients’ interests by proactively identifying risks and providing an objective assessment of the seriousness of potential violations, as well as the potential response of government investigators and prosecutors. He helps clients develop and implement strategies to mitigate exposure and damage to their reputations and businesses.
The federal government is more aggressive today than ever before, and this trend will continue as the DOJ and SEC investigate more and more white-collar crimes and corporate misconduct. If you are human and see this, please ignore it. If you are a scraper, click the link below 🙂 Please note that clicking the link below will block access to this site for 24 hours.
Twenty-five years after taking on the case of his life, and a decade after making his famous A Civil Action, Jan Schlichtmann is back in the limelight—this time going after the Turnpike Authority in a half-million dollar lawsuit. But has he learned his lesson from Woburn? The jury is still out.
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Hearing is not going well for Jan Schlichtmann. He’s back in Woburn, the town that scarred him, drove him crazy, changed him forever and then made him famous. Woburn has changed a lot in the 23 years since the jury’s decision
, Jonathan Harr’s best-selling book. The tannery and chemical plant that poisoned the water are now gone, and the Middlesex County Courthouse itself has moved to a strip mall of office suites and chain restaurants just off the highway. Cubic farms want to show the progress of this blue-collar town, but they also reduce court proceedings.
On the seventh floor, in a room filled with more reporters than prosecutors, Schlichtmann stands before the judge, as transformed as Woburn. Gone are the Hermès silk ties, the Bally shoes, the suits Schlichtmann would have tailored for New York. In their place are a blue shirt and red tie (the only tie known to his friends), a navy blazer that’s badly paired with gray pants, and black shoes that, from the gallery, look like a hybrid version of tennis sneakers.
Schlichtmann is no longer king of the trial, and hasn’t been since Anderson’s demoralizing verdict. Now he’s looking to settle the case, and that’s why he’s here today, seeking injunctive relief: a court order to stop a party from behaving in a certain way. In this case, that party is the Massachusetts Turnpike Authority, which Schlichtmann sued this spring. He says the Turnpike Authority unfairly burdens commuters traveling to Boston via I-90 and the Sumner and Ted Williams tunnels. More than half of the tolls paid by these commuters don’t go to the roads and tunnels they travel on every day, with the Big Dig debt now at $15 billion. Meanwhile, those traveling on I-93 through the middle of the Big Dig pay nothing because I-93 is not tolled.
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The case involves the kinds of arcane public policy that, in lesser hands, would make the pages of complaints so dry. But under Schlichtmann’s pen, the case is epic. What we have here is today’s news of why patriots (and right here in Boston, mind you!) fought the English centuries ago: taxation without representation! And Schlichtmann will fight accordingly.
He is on to something, fighting on such broad lines. If he wins, or is likely settled in his favor, the case will rewrite not only law in Massachusetts — which passed the law that established the Big Dig reimbursement plan in 1997 — but law across the country. In New York, for example, two-thirds of the revenue from the city’s toll bridges and tunnels goes to support its subway system. If Schlichtmann prevails in Massachusetts, he will theoretically have reason to take the toll fairway argument elsewhere.
And he will bring the suits in his own way. Woburn taught Schlichtmann many things. Chief among them: the “sick” practice of law, he says, full of courts out to destroy each other first, then settle their differences later. In the two decades since then
, Schlichtmann developed and then refined—some might say perfected—a technique that keeps his cases out of the legal system: he establishes a public trust through which would-be plaintiffs air their grievances and reveal their facts (which is where Schlichtmann comes in). ) directly with the alleged defendants. The idea is to mediate before the parties litigate, and when it’s done well, Schlichtmann goes to court to approve the settlement.
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That’s why today is important. If Chief Judge Herman J. Smith orders the Turnpike Authority to stop diverting toll revenue from tolls, Schlichtmann could force the agency to the negotiating table, where it has so far refused to sit, and have his lawyers mediate with him and his co-conspirators. attorney for the trust in the case, Massachusetts Turnpike Toll Equity Trust. Since Schlichtmann filed the lawsuit in May, about 2,500 people have joined the trust; He is seeking $450 million in damages.
That’s a lot of money for a lawsuit where no one died. And as Schlichtmann’s critics — as numerous as they are silent — say, the settlement he wants in this case is proof that he’s just a greedy trial lawyer. No, worse, because Schlichtmann doesn’t take his cases to trial. Greed, say critics, many of them well-paid lawyers themselves, was Woburn’s real lesson. Indeed, part of the reason this afternoon’s hearing is so rough for Schlichtmann is young Turnpike Authority attorney Brian Kaplan, who seems to relish repeating the bad perceptions of his opposing counsel. Schlichtmann has a chance, says Kaplan. Today, he can argue that the harm done to his clients is irreparable, a violation of the Constitution that would meet the criteria for injunctive relief. But he cannot fulfill these criteria by arguing along the lines of the constitution and asking for money. Thus, Schlichtmann’s choice: Take the high ground and ignore the money, or get dirty and talk a lot. “To put that option on Jan Schlichtmann,” Kaplan says, looking at Judge Smith, “would take money.”
Some members of the gallery gasp, and the judge briefly looks up at them. At Schlichtmann’s desk, you see the back of his neck flush.
When it’s Schlichtmann’s turn, he addresses the judge. Now 58, he is tall, with a prominent nose and moustache, a face thin enough to look haunted, as thin as when news cameras first captured his frame a generation ago. Her hair was gray then, and it’s almost white now, but some things haven’t changed. He is still a passionate advocate for his cases, which he prefers to call his “projects”. Projects are reasons. These are cases where lawyers bill hours. Projects are the issues Schlichtmann believes in, because through them he can honor his most basic passions: righting wrongs and, more importantly, revealing the truth.
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In response to Kaplan’s deception, Schlichtmann reads to the young lawyer, in a voice the next court can hear, showing Schlichtmann parts of a reform bill the governor has just signed, the injustice of the Turnpike Authority’s tolls. “Even the legislature agrees, judge!” he shouts.
At the end