Below you will find examples of Mr. Srebnick's experience and favorable results in trials, appeals, and other related matters. Each case is different, however, and the result in one case does not guarantee or indicate the likely result that will be achieved in another.
TRIALS AND DISMISSALS
State v. Esquivel (Fla. Cir. Ct.)
Obtained pretrial dismissal of all charges, including racketeering, against Wackenhut executive accused of over-billing municipality for transportation security
SEC v. Herrera, 324 F.R.D. 258 (S.D.Fla. 2017)
Principal author of motions that resulted in landmark decision that a law firm waives work product protection in witness interview notes when it provides “oral downloads” of those notes to the SEC
United States v. Castroneves (S.D.Fla.)
Co-counsel for sister of three-time Indy 500 champion, both of whom were charged with tax evasion. Both defendants were acquitted by a Miami jury after a seven week-jury trial.
United States v. Leason (D.P.R.)
Obtained a pretrial dismissal of money laundering charges against businessman in Puerto Rico after defense investigation exposed significant doubts about credibility of government's star witness.
United States v. Graham (E.D.Mich.)
Obtained settlement of criminal forfeiture case in favor of wife of Michigan business executive convicted of fraud and tax charges.
United States v. Caceres (S.D.Ga.)
Won a judgment of acquittal from a Savannah, Georgia jury on all charges, including federal RICO and RICO conspiracy, for a defendant charged in one of the largest health care fraud cases in the United States.
State v. Tolson (Fla. Cir. Ct.)
Obtained the dismissal of state RICO charges against defendant charged in the Stadium Naples corruption case in Naples, Florida.
United States v. Taylor (S.D.Fla.)
Co-counsel for lawyer charged with money laundering and false IRS 8300 forms in connection with receipt of attorney's fees from alleged narcotics trafficker. Two trials ended in hung jury. All felony charges dismissed.
United States v. Proceeds (D.P.R.)
Successfully obtained return of the entire sum $356,000 seized from clients in connection with civil forfeiture case in the District of Puerto Rico.
United States v. Grigsby (S.D.Fla.)
Won a mid-trial judgment of acquittal by the district court on all charges for municipal banker charged in Port of Miami corruption case by exposing the government's flawed theory of prosecution.
United States v. Grigsby (S.D.Fla.)
Co-counsel for municipal banker acquitted by jury of all charges relating to alleged bribery of county commissioner.
United States v. Abbell (S.D.Fla.)
Co-counsel at first trial for former Justice Department lawyer charged with RICO, money laundering, and obstruction of justice, in the "Cali Cartel" case. Trial ended in acquittal of substantive RICO and hung jury on remaining charges.
United States v. DeForrest (S.D.Fla)
Successfully negotiated a no-jail plea for a radio sports personality charged in federal court with "honest services" fraud.
United States v. Diaz (S.D.NY)
Obtained a 4 month sentence in the Southern District of New York for businessman convicted by a jury of illegal money transmitting and international money laundering, despite sentencing guidelines range of 151-188 months.
appeals
United States v. Lopez-Vanegas, 493 F.3d 1305 (11th Cir. 2007)
Obtained reversal of conviction and sentence and dismissal of indictment of real estate broker convicted of narcotics conspiracy in the "Saudi Prince" drug case.
United States v. Smith, 454 F.3d 707 (7th Cir. 2006)
Obtained reversal of defendant's sentence in Eastern District of Wisconsin based on district court's failure to properly consult the federal sentencing guidelines.
United States v. Gonzalez, 140 Fed. Appx. 170 (11th Cir. 2005)
Obtained reversal of one count of conviction and vacatur of entire sentence based on the district court's improper exclusion of defense evidence.
United States v. Puche, 350 F.3d 1137 (11th Cir. 2003)
Obtained reversal of defendant's sentence for money laundering based on incorrect application of the sentencing guidelines.
Hardy v. Rundle, 846 So.2d 1174 (2nd DCA 2003)
Filed successful petition for writ of quo warranto in the Second District Court of Appeal of Florida to preclude specially-assigned prosecutor from overstepping her legal authority to charged defendants with money laundering in Stadium Naples case.
United States v. Miranda (11th Cir. 2001) (unpublished)
Obtained reversal of defendant's sentence for money laundering based on incorrect application of federal sentencing guidelines.
Rosemond v. Menifee, 137 F.Supp.2d 270 (S.D.N.Y. 2000)
Obtained reversal in Southern District of New York of Federal Bureau of Prisons' refusal to grant defendant credit for time in state custody while on writ of habeas corpus ad prosequendum.
United States v. Mills, 138 F.3d 928 (11th Cir. 1998)
Obtained reversal of defendant's sentence for false statements based on incorrect application of the sentencing guidelines.
United States v. Christo, 129 F.3d 578 (11th Cir. 1997)
Obtained reversal of defendant's sentence for money laundering based on argument that the money laundering statute did not criminalize the conduct charged.
State v. Phillippoussi, 691 So.2d 511 (4th DCA 1997)
Obtained reversal of grand theft conviction based on trial court's failure to properly instruct on good faith defense.
United States v. Garces (11th Cir. 1995) (unpublished)
Obtained reversal of defendant's sentence based on district court's consideration of improper factors when imposing sentence.
United States v. Moskovits, 815 F.Supp. 147 (E.D. Pa. 1993) & 844 F.Supp. 202 (ED Pa. 1993)
Won a new trial on a habeas corpus petition for a University of Pennsylvania student charged with operating a continuing criminal enterprise involving cocaine trafficking based on the denial of his constitutional right to testify.
State v. Gonzalez, 578 So.2d 729 (3d DCA 1991)
Obtained reversal and suppression of evidence based on illegal search and seizure, in violation of Fourth Amendment.
u.s. supreme court
Luis v. United States, 136 S.Ct. 1083 (2016)
Co-author of appellate briefs for landmark Supreme Court decision holding that the pretrial restraint of assets untainted by crime that are needed to retain counsel of choice violates the Sixth Amendment