Criminal Law Cases:

In this time of increased federal and state regulation and extended criminalization of individual and business activities, Charles B. Lembcke, P.A., assists those who are being scrutinized by law enforcement and regulatory agencies with a well thought out and aggressive defense to the charges. For each client, we bring to bear our extensive experience and thorough preparation in handling federal and state investigations and defense of criminal charges. We devote our energies to thoroughly researching the particular regulatory area, creatively strategizing each case, engaging prominent experts to assist in the defense and testify at trial and taking the case to trial.

Some recently concluded criminal cases include:

United States v. Singletary, 649 F.3d 1212 (11th Cir. 2011). Following a guilty plea to a single count of conspiracy to commit mortgage fraud and sentencing, our client appealed the courtordered restitution of $1,000,000 and criminal forfeiture of $1,000,000. Upon appeal, the Eleventh Circuit reversed the restitution with severe restrictions upon the trial court for determining a substitute restitution order and reversed the criminal forfeiture with prejudice.

As ordered by the Eleventh Circuit Court of Appeals, the trial court examined the record for support of restitution and concluded it did not. As a result it removed restitution from our client's final judgment and sentence. United States v. Singletary, 3:05-cr-9 (United States District Court, Middle District of Florida). Order vacating restitution 2-3-12.

State v. Robert Benzing, 04-1982-CFE (Circuit Court, Seminole County). Our client was charged with conspiracy to traffic in cocaine (more than 400 gms), a first degree felony and a 15 year minimum mandatory sentence. We filed and argued a motion to dismiss (C-4) the charge. On November 1, 2005, the trial judge entered an order dismissing the criminal charge and discharging our client from prosecution. The State did not appeal.

State v. Jonathon Moore, 02-11909-CFS (Circuit Court, Duval County). Our client, the CEO of a Jacksonville-based beverage company, was charged with fraud involving a security interest arising out of a fee dispute with a Jacksonville law firm. We argued three motions to dismiss successfully. On September 18, 2003, the trial judge entered a final order dismissing the charge and discharging our client from further prosecution. The State appealed. The appellate court rejected the State’s arguments and affirmed the dismissal of the criminal charges against our client. State v. Jonathon Moore, 892 So.2d 1218 (Fla. 1st DCA).

United States v. Lambert, 3:01-cr-251(S2)-J-25TEM, M.D. Fla. Our client was one of more than 50 charged with conspiracy to defraud in connection with McDonald’s Monopoly games. Following a month-long trial in 2002, our client was the only one the jury found not guilty.

United States v. Whiteside, 285 F.3d 1345 (11th Cir. 2002). This was the criminal prosecution arising out of the federal government’s healthcare fraud investigation into Columbia/HCA. We were both trial and appellate counsel. Upon appeal, the Eleventh Circuit reversed Mr. Whiteside’s conviction. The court held that, where the truth or falsity of a statement centers upon an interpretive question of law, the government bears th burden of proving beyond a reasonable doubt that the statement is not true under a reasonable interpretation of the law.

Civil Law Cases:

Charles B. Lembcke, P.A., distinguishes itself in complex civil litigation, including factually and legally complex cases. Much of its experience is in Federal civil proceedings. It has experience in many areas of complex civil litigation and arbitrations. Some recently concluded civil cases and arbitrations include:

Pushko, et al. v. Klebener, et al., 2010 WL 3910228 (11th Cir. 2010). Our clients, a Russian businessman and his Russian company, sued an international businessman for civil theft in connection with a business transaction. Following a jury trial and plaintiff’s verdict, the trial court entered a judgment of $2,490,000 plus an award of attorney’s fees. Samuel Klebener, the international businessman, appealed the verdict and judgment on multiple grounds. The Eleventh Circuit Court of Appeals upheld the verdict and judgment in all respects.

Patterson v. Watson Realty Corporation, Case No. 96-03240-CA, (Circuit Court, Duval County). This case began as a civil case, but Watson Realty removed it for arbitration under the American Arbitration Association. We represented the Pattersons who had engaged Watson Realty to sell their riverfront home under an exclusive listing agreement. Watson Realty rushed the Pattersons into moving out of their home in anticipation of a closing for the sale of their home that never occurred. The Pattersons sued for damages and attorney’s fees for breach of fiduciary duty. On January 24, 2004, following a full arbitration hearing, the arbitrator entered an award for the Pattersons, ordering Watson Realty to pay substantial damages, attorney’s fees and costs.

Williams v. Obstfeld, 314 F.3e 1270, RICO Disp. Guide 10,394 (11th Cir. 2002). We were trial and appellate counsel for Eugene Grin and Global Equities and Realty, Inc. They, along with Obstfeld, were sued by the Delaware Insurance Commissioner, as receiver of National Heritage Life Insurance Company for tens of millions of dollars under civil RICO (for triple damages) and various additional state law fraud claims. The trial court granted summary judgment in favor of Grin, Global Equities and Realty as to all counts. The Eleventh Circuit affirmed. Notably, the Eleventh Circuit held that our clients could not be vicariously liable under civil RICO and thestate causes of action.

Corso v. Padmanabhan, 796 So.2d 1211 (1st DCA 2001). In this securities case, we undertook the representation of a stock broker against whom a default judgment had been previously granted by the trial court. Upon appeal, we successfully argued the reversal of the default judgment. Upon its return to the trial court, this case was dismissed with prejudice.

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Charles B. Lembcke has been recognized as one of the Best Lawyers in America in the area of white collar criminal defense.

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