Experience
University athletic director convicted of embezzlement following independent investigation
We represented a public university whose athletic director improperly used his purchasing authority for personal gain. The university hired us to conduct an independent investigation to determine whether any embezzlement actually took place. Our investigation lasted six months and included hiring an accounting firm to track years of financial transactions, as well as interviews with multiple university officials. We presented our findings to the university president and board of trustees, who in turn authorized us to present our report to the authorities. The athletic director was ultimately convicted of embezzlement.
Housing Agency Director Cleared of Mismanaging Funds
We represented a metropolitan housing agency whose executive director was alleged to have improperly used public funds for his own benefit. We interviewed agency employees and examined records for evidence that the director had shown favoritism to any of his employees or used public money for personal use. The allegations and investigations were heavily covered in the local press. Although there were no findings of impropriety by the executive director, we recommended stricter financial controls for the future.
Proved Allegations That A Construction Manager Created False Invoices
We represented a national assisted living company that suspected a construction manager of creating false invoices for work that was never completed throughout the south and Midwest. We conducted a six month investigation that included witness interviews and analysis of bank deposits, invoices and other documents to prove that the construction manager, who was ultimately prosecuted, had created the false invoices.
Successful defense of client in TRO hearing regarding allegations of fraud and embezzlement
Rick Porotsky led a four-day TRO hearing which vindicated our client, who had been unjustly accused of fraud and embezzlement in his role as manager of a $50 million real estate complex. After an initial ex-parte TRO had removed our client from his managerial role, the court permitted arguments, cross examination, and expert testimony. Mr. Porotsky played the lead role in developing and presenting the case, working closely with forensic accounting experts to address detailed accounting issues. Mr. Porotsky’s presentation and examinations in court led the court to reverse its initial conclusions, finding that the opponent acted without foundation, in an appalling fashion, and with sinister motives when it accused our client of wrongdoing. The client was fully re-instated in his role as manager, and a new TRO prevented the opponent from acting to remove him while the case proceeded, now with counterclaims by our client. Ultimately, the parties reached a resolution to dismiss the matter with our client retaining his role as manager
“Wrongful Living” Lawsuit
We successfully argued for our client, a hospital, before the Ohio Supreme Court that a “wrongful living” claim could not be presented in connection with resuscitation by a healthcare provider.
Dismissal of Federal Criminal Tax Indictment
We represented the owner of a Columbus-based home health agency who, along with others, was the subject of a federal criminal indictment alleging 43 counts of federal tax violations. The case was scheduled for a two week trial, but was dismissed with prejudice by the Government two weeks prior to trial. The investigation and prosecution were conducted by the United States Attorney’s Office and the Internal Revenue Service.
Environmental Crime Defense
Successful defense of client resulting in a plea agreement and compliance agreement with the USA that resulted in no debarment of contractor regarding federal work it was doing.
Allegations of Mail Fraud Relating to Outsourcing of Business
Our client, the chief operating officer of a corporate vendor in the railroad industry, was indicted for allegedly engaging in mail fraud by improperly outsourcing business to a company owned by his brother. We performed a significant amount of pre-trial work, and the prosecutor agreed to a pre-trial diversion, which led to all charges being dismissed with prejudice. We also successfully obtained an injunction that required the client’s former company to indemnify him from legal fees.
Criminal Prosecution
Served as Assistant Special Prosecutor for the State of Ohio in the successful prosecution of a bank’s owner and its officers for the misapplication of bank funds and for securities law violations which led to the collapse of a state charted savings and loan association
Federal Civil Litigation
Our firm represented a New York defense contractor in federal civil litigation alleging that our client had conspired with another company to conduct flawed testing on certain seat belt assemblies for use by the military in Iraq and Afghanistan, resulting in the supplier of the seat belt assemblies to be debarred and lose its contract to provide seat belt assemblies to the military. We filed a motion to dismiss and obtained a judgment of dismissal on behalf of our client.
Federal Criminal Indictment
Consulted with and provided legal advice to a Fortune Global 50 company regarding alleged white collar criminal issues involving the Global 50 company's United States subsidiary.
Federal Grand Jury Investigation
Represented a CPA who had received a "Target Letter" from the United States Department of Justice in connection with a federal grand jury investigation of alleged tax fraud. After completion of our own internal investigation, meetings with Department of Justice and Internal revenue Service, Criminal Investigation Division officials, no charges were brought against our client.
Federal Grand Jury Investigation
Dinsmore represented the Director of Sales of an international orthopedic company that developed, manufactured, marketed and sold orthopedic implant devices in a federal grand jury investigation in New Jersey, looking into alleged violations of the federal anti-kickback statute. We were successful in persuading government prosecutors not to charge our client.
Federal Grand Jury Investigation
Dinsmore represented a former executive of one of the nation's largest healthcare financing companies in a $2.8 billion corporate fraud case during the federal grand jury investigation and in United States District Court. The client entered into a negotiated plea agreement with the United States Attorney's Office that resulted in the client receiving a two year sentence, the lowest sentence of anyone sentenced for participation in the corporate fraud.
Investigation for Medicaid Fraud
Dinsmore represented the former owner of an ambulette company under investigation by the Ohio Attorney General's Office for Medicaid Fraud. The State alleged that the company had billed for patient services that were never rendered. Using information obtained through our own internal investigation, we negotiated a plea agreement which was very favorable to the client, including probation, a stipulated restitution amount and the client keeping his employment with the federal government.
Investigation of Medicaid Fraud
Represented an Emergency Room Practice Group in a criminal investigation conducted by the Ohio Attorney General's Office in connection with alleged Medicaid fraud. After completion of our own internal investigation and meetings with the Attorney General's Office, no charges were brought against the client.
Investigation of Medicaid Fraud
Dinsmore represented a healthcare transportation company and its owner during a State of Ohio criminal investigation for Medicaid Fraud. The State of Ohio alleged that the owner and company had billed Medicaid for patient services that were rendered outside of the program guidelines. Using information obtained through our own internal investigation, we negotiated a plea agreement favorable to our client with the Attorney General's Office and reduced the amount of restitution owed by the company's owner. Our office also took steps to transfer the ownership of the business in a timely manner to ensure that the business continued its operational existence without interruption.