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Success in the practice of criminal defense comes in different forms. Earlier this month, it came in the form of a non-custodial sentence imposed on Bienert Katzman Littrell Williams LLP's client in what the government claimed was a $50 million dollar fraud scheme.
The client, a grocery wholesaler headquartered in San Diego, was charged in a 34-count federal indictment accusing him of defrauding American food manufacturers by engaging in a practice known as product diversion which involved diverting wholesale food products intended for Mexico back into U.S. markets.
Following a three-week jury trial in the U.S. District Court for the Southern District of California, BKLW partners Daniel Goldman and John Littrell earned acquittals on all fourteen counts of money laundering and four fraud counts.
Although the jury returned a conviction on multiple wire fraud charges, BKLW’s efforts narrowed the case and resulted in a dramatically lower sentence for the client. Chief Judge Cynthia A. Bashant sentenced the client to probation with a one-year term of home confinement even though the sentencing guidelines called for a sentence of 12 to 16 years in prison. Chief Judge Bashant also rejected the government’s effort to forfeit the client’s home and cars. Following the entry of the judgment, BKLW appealed the client’s conviction to the Ninth Circuit.
“We are elated that the Court fashioned a sentence that took into account the fact that the alleged victims of the fraud profited from their relationship with the client, and we look forward to continuing to press the client’s claim of innocence on appeal," said BKLW Partner Daniel Goldman.
In addition to partners Daniel Goldman and John Littrell, the defense team included trial paralegal Garrison Giali and project assistant Michelle Dillon.
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