Case Results

Our firm represents individuals, businesses and labor unions in three primary areas: white collar criminal defense, civil and commercial litigation, and monitoring and investigations. Our white collar practice consists of representation in investigations, grand jury proceedings and trials, in both federal and state courts. Our civil litigation practice has included a variety of disputes involving contracts, employment, insurance, property and torts (especially civil fraud).

Our monitoring and investigations practice consists of oversight of labor unions and businesses in various capacities including as ethics officer, monitor, private investigator general and trustee.

The list below highlights some of the significant cases handled by Mr. Murray and Mr. McCann, both in private practice and during service with the United States Attorney's Office.

Representative cases and matters follow, which are subdivided for easier access.

Accounting Irregularities

  • Secured immunity for financial executive of major currency broker dealer from prosecution for financial statement fraud.
  • Representation of operator of marina leased from U.S. Department of Interior for under payments of lease rents through accounting fraud. Client's sentence was substantially reduced through successful downward departure arguments.
  • Representation of owner of cable wholesaler for payroll fraud. Client's release from federal prison camp in eleventh month of thirty month sentence was secured through pre-sentence strategy securing admission to RDAP program.
  • Representation of owner of securities broker dealer for accounting fraud in booking profit from "trading for eighths" through NYSE floor brokers avoiding lengthy sentence through mitigation of conduct in Fatico hearing.

Bank, Mail and Wire Fraud Allegations

  • Convicted a capo in Colombo Organized Crime family of violating his probation by committing multiple acts of bank and mail fraud.
  • Representation of newspaper manager in federal investigation of inflated circulation numbers. Client sentenced to community service.
  • Representation of managing director who worked with two Bear Stearns hedge fund managers who were indicted federally, and later acquitted, for their involvement in subprime mortgage market.
  • Secured probationary sentence for chief operating officer of commercial shipping company charged with defrauding partner of millions of dollars through concealed commissions and other schemes.
  • Won an arbitration award of $625,000 against a home contractor for shoddy, defective and incomplete work.

Civil RICO

  • Obtained relief in RICO action which prohibited certain individuals, including a capo in an organized crime family from involvement in the Solid Waste Disposal Industry and required them to divest their interests and disgorge their profits.
  • Negotiating the creation of federally-imposed monitorship over various individuals and companies in the Solid Waste Industry on Long Island.
  • Negotiated the creation of monitorships over certain labor unions in the Solid Waste, Air Freight and Construction Industries.
  • Obtained dismissal of RICO/fraud claims brought by the insurer against a client who suffered significant injuries in a construction accident, clearing the way for co-counsel to obtain a $3.7 million personal injury settlement for the client.
  • Successfully represented local labor union in defeating attempt by a federally-appointed monitor for a sister local from exercising jurisdiction over the client's members.
  • Secured dismissal of initial federal complaint brought by the United States against Treasurer of International union charging RICO violations.

Government Contracts

  • Secured dismissal of indictment for bribery of public official against executive of electrical contracting firm.
  • Representation of cable wholesaler in procurement fraud investigation. No indictment.
  • Representation of security consultant in healthcare, bribery and tax crimes prosecutions, securing sentence substantially below sentencing guidelines.
  • Representation of defense contractor under federal investigation for procurement fraud. No indictment.
  • Successful prosecution of U.S. Congressman for bribery and fraud in securing government contract for a major campaign donor to overhaul U.S. warship.
  • Obtained the imposition of a trusteeship over a large federally funded housing project of 2000 tenants.
  • Successfully represented Federal Emergency Management Agency ("FEMA") at trial obtaining dismissal of complaint based on plaintiff's failure to comply with the Federal Assignment of Claims Act.
  • Successfully defended the National Credit Union Administration ("NCUA") imposition of conservatorship over federal credit union on Long Island.
  • Obtained partial summary judgment against metal furniture manufacturer for violations of Federal Clean Air Act.

Health Care Matters

  • Sentence of one-year probation following investigation and indictment of executive of diagnostic radiology centers for violations of HHS regulations, bribery, money laundering and tax fraud.
  • Representation of medical specialist in prosecution for falsifying of drug study of patients, sentenced to home confinement.

Insurance and Other Commercial Litigation

  • Overturned on appeal a $47 million liability verdict in a lead poisoning case and obtained a complete dismissal of all claims against the client.
  • Defeated a motion for summary judgment based on a personal guarantee given by the client and obtained dismissal of the action on Statute of Frauds grounds.
  • Negotiated with insurance carriers to reverse their denials of first-party benefits to our clients without resorting to litigation.
  • Negotiated generous severance packages for various clients.
  • Negotiated significant penalty reductions for clients fined for non-compliance with workers' compensation and disability insurance laws.

Money Laundering and Structuring Allegations

  • Representation of law enforcement officer for alleged Structuring of transactions involving use of cash to acquire real property.
  • Representation of law firm for alleged structuring of cash fees. No indictment.
  • Representation of investment advisor for failure to file income tax returns. No indictment.

RICO Charges

  • Representation of union official under federal indictment securing dismissal of RICO and underlying extortion charges.
  • Representation in securing dismissal of RICO and tax fraud charges resulting in three-month sentencing for lesser offense.
  • Successfully prosecution of engineering firm and local public officials in New York, New Jersey and Connecticut for RICO, extortion and bribery charges arising out of federally funded municipal sewer construction projects.

Securities Matters

  • Representation of financial executive of prominent securities broker dealer in federal investigation of fraudulent financial statements hiding over $700 million in losses in customer accounts from IPO investors. No prosecution.
  • Representation of securities lawyer in prosecution for fraudulent IPO stock offering and bribery of labor official, securing sentence substantially below sentencing guidelines.
  • Representation of CEO of securities broker-dealer charged with Enterprise Corruption arising out of alleged "pump and dump" IPO stock scheme, who received a minor sentence.
  • Successful prosecution of U.S. Congressman for securities violations for failure to disclose stock purchases in connection with corporate takeover attempt.
  • Secured acquittal after three-week federal court trial of investment counselor charged with aiding and abetting perjury before SEC and obstruction of justice in $600 million Ponzi scheme.

Tax Crimes

  • Representation of chief executive of radiology diagnostic centers in $10 million tax fraud securing probationary sentence and abatement of penalties and majority of interest in closing agreement with IRS Commissioner.
  • Member of defense team representing federal elected official successfully advocating against indictment for tax crimes.
  • Member of defense team representing CEO of prominent real estate development enterprise successfully resolving tax fraud claims without indictment.
  • Representation of executive of construction company for $4 million cash wage scheme securing probationary sentence.
  • Representation of owner of securities broker dealer in tax prosecution charging fraudulent expense deductions.
  • Representation of manufacturers' representative in prosecution for fraudulent expensing of commercial bribes, securing six-month sentence despite Sentencing Guidelines mandating more substantial sentence.
  • Representation of former IRS agent for alleged preparation of fraudulent returns.
  • Representation of securities trader for failure to file income tax returns while earning large six-figure salary in each of several years, sentenced to home confinement.
  • Representation of certified public accountants in numerous criminal tax investigations successfully avoiding prosecution.

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Murray & McCann
100 Merrick Road, Suite 514W
Rockville Centre, NY 11570

Phone: 516-766-3131
Fax: 516-678-4578
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