Trials and Litigation:
$47.5 Million Jury Verdict: After a seven-week federal jury trial, Ken won a verdict worth approximately $47.5 million against a drug rehabilitation center and its owner for common law fraud and violations of RICO (Racketeer Influenced and Corrupt Organizations Act). (“Rehab Riviera: Insurer wins big racketeering, fraud verdict against defunct Sovereign Health,” The Orange County Register).
Acquittal on All Counts: After a three-week federal jury trial, Ken won an acquittal on all counts for the former director of the liver transplant program at St. Vincent Medical Center, who was charged with making false statements and falsifying records within the jurisdiction of the U.S. Department of Health and Human Services (“Doctor on Trial: Anatomy of an Acquittal,” The National Law Journal).
Federal Fraud Case Dismissed: After winning discovery battles against Fortune 500 technology companies, Ken obtained a rare dismissal of a $20 million federal mail and wire fraud prosecution involving the resale of gray market computer products, and a misdemeanor disposition for his corporate executive client.
No Jail Sentence (Insider Trading): Ken represented a former Major League Baseball player charged with 42 felony counts of securities fraud and money laundering. In a six week jury trial, he successfully defended against the vast majority of insider trading and money laundering counts. At sentencing, Ken achieved a sentence of home detention (no jail time) for the client (“No Prison Time for Inside Trader Doug DeCinces,” Courthouse News).
Nevada Fraud Indictment Dismissed: Ken secured the dismissal of a 300-count indictment in a high-profile “robo-signing” prosecution brought by the Nevada Attorney General’s Office, which charged a corporate officer with notarization-related crimes arising out of the foreclosure crisis (“Massive ‘Robo-Signing’ Prosecution Dismissed for Misconduct,” The National Law Journal).
Bribery Charges Defeated: Ken successfully represented a pain management physician accused of making false statements and being complicit in a pharmaceutical bribery scheme. After a three-day trial prosecuted by the California Attorney General’s Office on behalf of the Medical Board of California, the medical board found that the client did not knowingly or intentionally engage in the fraudulent conduct alleged.
Insurance Bad Faith Trial Victory: Ken won a partial summary judgment on the tort of bad faith against an insurer, and prevailed on contract claims after a two-week jury trial, resulting in a multimillion-dollar settlement.
Civil Defense Verdict: Ken secured a defense verdict in a bench trial on behalf of a public official accused of causing waste and misuse of public funds.
Antitrust Leniency Request Granted: On the eve of trial, in a criminal antitrust price-fixing prosecution, Ken won an evidentiary ruling on behalf of a Taiwanese auto lights manufacturer, excluding the government’s key evidence from trial. After this ruling, the government reversed its previous denial of the manufacturer’s application under the Antitrust Division’s Leniency Program (“Feds OK Eagle Eyes Leniency Request in Price-Fixing Case,” Law360).
Deferred Prosecution in FDA Matter: Ken obtained a deferred prosecution agreement on behalf of a global shipping company accused of criminal violations of the Food, Drug and Cosmetics Act, calling for the dismissal of all criminal charges upon the successful completion of a compliance program.
New Trial Motion Granted: Ken was hired post-trial by a real estate executive convicted of 34 felony counts in an alleged real estate fraud scheme. The court granted a new trial motion on behalf of Ken’s client.
Declination of Charges: Ken persuaded state and federal prosecutors to decline to bring criminal charges against clients under investigation for alleged Medicare kickbacks, FDA violations, environmental crimes, mail and wire fraud, healthcare fraud, and money laundering.
Corporate Investigations:
FCA Investigation Defeated: On behalf of a global medical device manufacturer, Ken secured a declination from the U.S. Department of Justice in a False Claims Act investigation of allegations that the company’s alleged failure to comply with FDA regulations caused over $100 million in false claims to be submitted to government health insurance programs.
FCA Allegations Shown Unfounded: On behalf of a national health insurer, Ken conducted an internal investigation regarding a whistleblower’s allegations that the insurer’s failure to comply with CMS regulations resulted in the submission of false claims; the allegations were shown to be unfounded.
Accounting Irregularities Proved Groundless: On behalf of a publicly traded health insurer, Ken conducted an internal investigation that proved groundless a whistleblower’s complaints regarding alleged accounting irregularities.
Executive Misconduct Documented: On behalf of an entertainment industry client, Ken investigated and documented financial misconduct by a chief executive officer.