Dallas, Texas Criminal Defense Lawyer
Federal Cases
Case: Client is indicted on 7 Counts of a 16 Count public corruption Indictment filed in federal court.
Client is charged with conspiracy, bribery, aiding & abetting, money laundering, impeding an official proceeding, and there is a forfeiture allegation.
If convicted on all Counts, Client faced a federal sentence of approximately 20-25 years in prison
Result:
Two weeks before trial, the Government offers to dismiss all charges if Client accepts a Class B misdemeanor which is punishable by up to 180 days in jail and/or a $2,500 fine.
In the plea agreement, the Government agrees that it will not oppose a request for probation.
Client accepts the Government’s offer and enters a guilty plea to the misdemeanor. All felony charges to be dismissed at sentencing.
Dallas Division, Northern District of Texas. June 2008.
Case: Client arrested for bank fraud. Initial Pre-Sentence Report calls for a sentence of 70-87 months in prison. Attorney Finn files various objections to the Report, two of which are accepted by the U.S. Probation officer assigned to the case. The Sentencing Guideline calculation drops to 46-57 months in prison. At sentencing, the Government files a 5K Motion for substantial assistance and cooperation.
Result:
Client sentenced to 5 years of probation and ordered to pay $212,432 in restitution. No prison time.
Case:
Client, a prominent real estate developer, is contacted by the federal law enforcement regarding an ongoing federal investigation. Client retains Mr. Finn, who speaks with the AUSA handling the investigation. Mr Finn learns that Client is a subject, but not yet a target, of the investigation. Client cooperates with the investigators and, along with Mr. Finn, he meets with federal agents several times pursuant to a proffer agreement.
Result:
16 Defendants are named in the Indictment. Client is not indicted or charged with anything.
Case: Client indicted for conspiracy to commit mail fraud and health care fraud.
Client pleads guilty. The Pre-Sentence Report calculated restitution figure to be $1 million, and called for a prison sentence of 41-51 months.
Result:
Client placed on 5 years probation and ordered to pay $333,000 in restitution.
Note: The facts of this case were very unusual and Client had no criminal history.
Attorney Finn was assisted by Dallas Attorney Steve Baer.
Case: Client investigated by federal authorities for allegedly embezzling money from former employer. Attorney Finn contacts several witnesses who state that the company was complicit in the alleged scheme and that the Client was simply following orders from superiors. Finn shares the information with the federal prosecutor who confirms the witness statements
Result: Client is not prosecuted. Northern District of Texas. April 2007.
Case: Client is arrested by the FBI and EPA and indicted in federal court for allegedly improperly removing asbestos from a building.
Client goes to trial with another lawyer and the jury finds him guilty. The initial PreSentence report calls for a prison sentence of approximately 5 years.
Client discharges trial counsel and hires Attorney Finn, who brings Attorney Clint Broden on to the sentencing team.
Result: Client sentenced to 15 months incarceration. Northern District of Texas, Dallas Division. February 2007.
Case: Client investigated by I.R.S. and United States Attorney’s Office for possible criminal tax fraud.
Result: Criminal Investigation and Case Closed. No prosecution.
September 2006, Western District of Texas.
Case: Client is investigated by the FBI and United States Attorney’s Office for possible criminal mail and wire fraud. Client and Attorney meet with the federal prosecutor and federal agents to discuss the allegations.
Result: Client is not indicted or charged with any offense.
September 2006. Midland Division, Western District of Texas
Case: Client receives a trial subpoena to be a witness in a federal jury trial. Client hires Attorney Finn who confers with the federal prosecutor handling the trial.
Result: Finn advises prosecution that Client will take the 5th. Government releases Client from subpoena. Client is not prosecuted.
Northern District of Texas, July 2006.
Case: Client is indicted in a major federal conspiracy case involving many defendants. Client is later named in an amended, superseding, conspiracy Indictment. If convicted of the allegations contained in the amended Indictment, Client faces approximately 20 years in federal prison (no parole). Approximately two weeks prior to trial, the government agrees to dismiss both Indictments if Client would waive indictment and enter a plea on money laundering.
Result: Client receives a 21-month prison sentence for money laundering. The two Indictments are dismissed.
Northern District of Texas. April 2006.
Case: Client, a physician, is accused of sexual assault of a child. Client passes a number of polygraph examinations and the defense investigation reveals that she was not even in the state when the incident was alleged to have occurred. Finn shares results of his investigation and the polygraph results with the police.
Result: Client is not arrested or indicted. Police close the investigation.
Cook County, Illinois. April 2006.
Case: Client arrested by the FBI and indicted in federal court for allegedly violating copyright laws and aiding and abetting others in doing same.
Result: After a hard-fought trial the jury finds Client NOT GUILTY.
Northern District of Texas, Dallas Division. April 2006.
Case: Client arrested and charged in federal court with interference with commercial flight crew. The flight had to be diverted due to Client’s alleged behavior. Client accepted responsibility and entered into a plea agreement with the government.
Result: Sentenced by the Court to probation with home confinement.
Northern District of Texas, Dallas Division. March 2006.
Case: Dallas Attorneys David Finn and Clint Broden appealed a federal sentence from the Northern District of Texas. Finn had handled the sentencing, made objections, and preserved what he perceived to be legal errors. He then brought Clint Broden on-board because he knew Broden is an exceptional appellate lawyer. They worked together as a team.
Initially the 5th Circuit Court of Appeals ruled against them, and affirmed the sentence. But Finn and Broden did not quit. They appealed that ruling to the United States Supreme Court. The United States Supreme Court then remanded the case back to the 5th Circuit Court of Appeals to re-examine the issues preserved and raised in light of the recent Booker Supreme Court decision.
Result: With the benefit of the Booker decision, the 5th Circuit Court of Appeals Vacated and Remanded the case back to the trial court for resentencing. We don't yet know whether the sentence will be reduced, but at least there is hope.
To read the opinion please click here. November, 2005, Northern District of Texas.
Case: Client indicted for theft and conspiracy in federal court.
Result: One week prior to the federal jury trial the case is DISMISSED, and
Client is placed in diversion program with no conviction and no probation.
Northern District of Texas, Dallas Division, September 2005.
Case: Client indicted in federal court for drug conspiracy. Initial exposure is up to 25 years if convicted at trial. Client enters into plea bargain agreement. Initial Pre-Sentence Report calculation calls for a fifteen year sentence.
Result: Client is sentenced to 7 years.
Northern District of Texas, Dallas Division, September 2005.
Case: Client indicted in federal court for bank fraud, wire fraud, and conspiracy.
Result: After lengthy plea negotiations and many objections to the Pre-Sentence Report, Client is sentenced to 3 years of supervised release, including 6 months of home detention/electronic monitoring, and NO JAIL TIME Northern District of Texas, Dallas Division, September 2005.
Case: Client charged in a federal conspiracy indictment with 9 other defendants. 7 defendants plead guilty prior to trial and receive lengthy prison sentences. 3 defendants go to trial.
Result: After a two-week jury trial, the jury returns guilty verdicts against 2 of the defendants. Mr. Finn's client is found NOT GUILTY on all charges. Case Closed.
United States District Court, Eastern District of Texas, Sherman Division.
Case: Client indicted in federal court for conspiracy to obtain/use fraudulent INS documents. Client faced a range of punishment of up to ten years in federal prison. Three weeks before the scheduled jury trial date, and after extensive investigation and preparation by the Defense, the Government offered Client a twelve-month PRE-TRIAL DIVERSION. Client accepted offer.
Result: Case to be dismissed upon successful completion of the Diversion program with no record of conviction.
United States District Court, Northern District of Texas, Dallas Division.
Case: Client indicted in federal court for allegedly knowingly transporting a loaded firearm on a commercial airline that discharged, injuring a baggage handler. The federal prosecutor offered client pre-trial diversion. The offer was rejected.
Result: Two weeks before the case was scheduled for a federal jury trial the Government DISMISSED all charges. Case Closed.
United States District Court, Northern District of Texas, Fort Worth Division.
Case: Client is indicted on felony fraud case in federal court.
Result: Client receives PROBATION, no fine.
United States District Court, Northern District of Texas, Dallas Division. October, 2002
Case: Client, a member of law enforcement with a high federal security clearance, is informed that he is being investigated for a possible violation of Texas Penal Code Section 39.06, Misuse of Official Information. Mr. Finn investigates the allegations, makes an Open Records request for various records, and shares his findings.
Result: No action taken against Client. Case Closed.
Undisclosed County in North Texas. * RESULTS OBTAINED DEPEND ON THE FACTS OF EACH CASE. EVERY CASE IS DIFFERENT. *
The information contained in this web site is intended to convey general information about David Finn, PC. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet to David Finn, PC using email addresses listed in this web site would not be confidential and would not create an attorney-client relationship.
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