Success Record: Cohen, Jayson & Foster

Our Success Record

FEDERAL CRIMINAL CASES

Case:	Alleged $30 million Internet fraud suit on eve of indictment.
Outcome:	Within months, federal investigators decline prosecution; something the client's predecessor firm, a national firm of over 1,000 attorneys, could not accomplish.

Case:	Corporation charged with racketeering and illegal conduct. The government was seeking forfeiture of physical property and corporation's assets, valued at approximately $30 million.
Outcome:	Full acquittal at trial.

Case:	Federal investigation for insurance fraud based on submission of insurance claim following what the government alleged was arson.
Outcome:	CJF proved no arson occurred, the government dropped the investigation, and client fully collected on claim.

Case:	Owners of medical practice, investigated for illegal kickbacks to laboratory.
Outcome:	Charges dismissed against one CJF client; other receives pre-trial intervention.

Case:	Chief Judge in federal investigation of alleged corruption within judiciary.
Outcome:	CJF conducts a collateral investigation, the result is no indictment and no evidence of any wrong doing.

Case:	Medical Director of psychiatric hospital investigated by FBI and US Attorney's Office for improper billing and kickbacks.
Outcome:	No charges filed.

Case:	Prominent real estate developer investigated by FBI and US Attorney's Office for million-dollar bank fraud.
Outcome:	Father and brother represented by other attorneys, charged and convicted. No charges filed against CJF client.

Case:	Fixed Base Operator investigated by Federal Aviation Administration (FAA) and US Attorney's Office for criminal FAA violations and fraud.
Outcome:	Co-defendant using different firm, charged and convicted. No charges filed against CJF client.

Case:	Owner of a psychiatric hospital investigated by FBI and US Attorney's Office for multi-million- dollar Medicare fraud.
Outcome:	No charges filed.

Case:	Attorney investigated by US Attorney's Office and FBI for fraud upon US patent office.
Outcome:	No charges filed.

Case:	Prominent artist, investigated by IRS for tax evasion.
Outcome:	Charges rejected by IRS District Counsel.

Case:	Real Estate Developers investigated by FBI and US Attorney's Office for multi-million-dollar bank fraud in connection with failed shopping centers.
Outcome:	No charges filed.

Case:	Attorney investigated for bank fraud.
Outcome:	Brother of client used other firm and convicted and sentenced to 5 years in prison. CJF client received probated sentence.

Case:	Judge subject of a federal grand jury investigation.
Outcome:	CJF conducted a collateral investigation resulting in no indictment and no evidence of any criminal wrongdoing.

Case:	Prominent businessman investigated by SEC and US Attorney's Office relating to alleged fraudulent multi-million-dollar initial public offering (IPO).
Outcome:	No charges filed.

Case:	Chief Judge accused of federal criminal civil rights violations.
Outcome:	Acquittal in the criminal case and plaintiffs verdict in the civil case.

Case:	Judge investigated by FBI, state police, and US Attorney's Office for money laundering.
Outcome:	No charges filed.
Links:	Grand Jury Clears Judge

Case:	Attorney's office raided by FBI investigating bankruptcy fraud allegations; Grand jury investigation followed.
Outcome:	No charges filed.

Case:	Chief Assistant State Attorney investigated by FBI, state police, and US Attorney's Office during probe of courthouse.
Outcome:	Allegations proven to be completely unfounded; no charges filed.

Case:	Attorney indicted for fraud upon the government.
Outcome:	Probated sentence with no jail time.

Case:	Medical provider charged with statewide kickback scheme.
Outcome:	Probated sentence with no restitution.

Case:	Psychologist investigated by FBI and US Attorney's Office for Medicare fraud.
Outcome:	No charges filed.

Case:	Attorney investigated by FBI and US Attorney's Office for million-dollar bank fraud in connection with failed business.
Outcome:	No charges filed.

Case:	Elected State Attorney inappropriately investigated by FBI and US Attorney's Office for alleged corruption in office.
Outcome:	No charges filed and before it was over, the Public Integrity Department of the Justice Department was investigating the US Attorney, Robert Merkle, for his irresponsible conduct.
Links:	Article regarding Merkle's tactics: Attorney...Wants Merkle 'The Hell Out of Office'. Merkle's McCarthyism mentality is a threat to innocent people.


Case:	President of publicly held company, investigated by FBI, SEC, and US Attorney's Offices in Florida and Minnesota for market manipulation and fraud.
Outcome:	Six-month sentence.

Case:	Mortgage broker investigated by FBI, US Attorney's Office, and HUD for fraudulent mortgage activity.
Outcome:	Co-defendants charged and convicted. No charges filed against CJF client.

Case:	Psychiatrist investigated by Florida Medicaid Fraud Control Unit for false billings.
Outcome:	No charges filed.

Case:	Food distributor investigated by US Attorney's Office and FDA for food stamp fraud.
Outcome:	No charges filed.

Case:	Physician investigated by FBI and US Attorney's Office for Medicare fraud.
Outcome:	No charges filed.

Case:	Family facing criminal accusations in the disappearance of their infant daughter established by secret recordings of conversations from within the household.
Outcome:	CJF took case to evidentiary hearing debating use and admissibility of evidence ultimately destroying the prosecutors case and leading to nearly $3 million award to the family for legal fees.
Links:	Judge Merryday on Cohen, Jayson & Foster: "ranks at or near the top among reputable private criminal defense counsel practicing within the Middle District of Florida (or elsewhere)." (247 F.Supp.2d 1272,1318: MD Fla 2003).

STATE CRIMINAL CASES
Case:	Aggressive local Tampa criminal attorney didn't give the respect that a local state attorney thought he was entitled to and thus set out on a course to frame him.
Outcome:	He was indicted and during the middle of a jury trial and after the cross examination of the state's key witness, the judge entertained a motion of judgment of acquittal, which was granted. Final Outcome: Jury trial acquittal.

Case:	Attorney investigated for obstruction of justice based upon alleged payoff offer to witness.
Outcome:	No charges filed.

Case:	Prominent attorney investigated by State Attorney's Office for fraud in connection with his acquisition of business.
Outcome:	No charges filed.

Case:	Judge charged with sexual misconduct; facing possible life sentence.
Outcome:	Charges dismissed upon exposition by CJF of falsity of allegations.

Case:	Local attorney who also served as a judge in the municipal court was charged with sexual battery.
Outcome:	Jury returned verdict of not guilty.

Case:	Assistant State Attorney charged with sexual offense.
Outcome:	Case dismissed.

Case:	Businessman investigated for racketeering, usury, and extortion, facing forfeiture of business.
Outcome:	Pleads to misdemeanor, serves 30 days probation.

Case:	Prominent Tampa businessman investigated by State Attorney's Office for fraud.
Outcome:	No charges filed.

Case:	Owner of large security company investigated for massive workers compensation insurance fraud related to misclassification of employees; facing forfeiture of business.
Outcome:	No conviction, no forfeiture of business, 1 year probation.

Case:	Doctor involved a boating accident that resulted in the death of 4 teenagers.
Outcome:	After six weeks of testimony, jurors acquitted client on four charges of vessel homicide.

Case:	Off-duty sheriff's deputy charged with DUI-manslaughter when his pickup struck and killed a man walking in the road with his girlfriend.
Outcome:	Based on new evidence, prosecutors deal allowed plea to a lesser charge and no prison time.

Case:	High-profile criminal defense case in 2005 revolved around a young elementary school teacher involved in a hit-and-run that left two children dead.
Outcome:	No prison time; only probation and house arrest.

Case:	Client convicted of molesting two girls during family gathering; facing mandatory 25 year prison sentence.
Outcome:	CJF's new defense wins new trial due to past counsel's ineffective assistance; judge overturns past jury's verdict.

Case:	Physician's Assistant accused of issuing illegal prescriptions and subject of seven-month investigation by undercover officers.
Outcome:	CJF meticulous deconstruction of evidence leads to charges being dismissed.

HEALTH CARE FRAUD
Case:	CEO and CFO indicted for conspiring to defraud the Medicare program of about $800,000 by submitting false claims to the federal government and accused of billing Medicare for seminars (including meal costs) that were ineligible for payment.
Outcome:	Federal jury acquittal of both corporate officers; this is the only instance in which a Tampa attorney has ever cleared a defendant of health care fraud charges.

CIVIL LITIGATION
Case:	Federal indictment for insurance fraud based on submission of insurance claim following what the government alleged was arson.
Outcome:	CJF proved no arson occurred, the government dropped the investigation after counsel for the defendant brought the federal prosecutor investigating the case to a civil deposition of a key prosecution witness. As a result the criminal prosecution of the investigation was terminated and we settled the civil case in the multi-millions of dollars.

Case:	Owner of statewide food franchise investigated by state police for racketeering based on usurious loans facing possible forfeiture of franchise.
Outcome:	No charges filed.

Case:	CJF represents judge who presided over Terri Schiavo case in civil matter related to case.
Outcome:	Case dismissed.

Case:	CJF represents Sheriff of Pinellas County threatened with suit for misfeasance.
Outcome:	Suit never filed.

Case:	CJF represented an owner of a franchise in a dispute accusing a franchisee of fraudulently and intentionally misappropriating its business.
Outcome:	$8 million settlement.

Case:	CJF represented the owner of a business that had been destroyed by fire. The insurer refused to honor coverage, claiming the business owner set the fire himself.
Outcome:	$6 million settlement after CFJ successfully disproves the allegation.

PREMISE LIABILITY
Case:	Toxic tort case against a manufacturer for the parents of a 9-year-old boy who died after breathing toxic fumes while playing near a trash bin at the company plant.
Outcome:	$500 million verdict.

Case:	University of South Florida student abducted and shot in the head three times during a carjacking at her apartment complex.
Outcome:	$15.7 million verdict after CJF argued lax security at the apartment complex allowed the gunmen to enter the property. The verdict included $1.7 million for medical bills and lost wages, $4 million for pain and suffering, and $10 million for punitive damages.

Case:	CJF settled claims of two workers, one of whom died and one who is severely burned, due to an electrical explosion caused by violations of the national electric code.
Outcome:	$15 million settlement.

Case:	Wrongful death suit against a parking services company for the parents of a 16-year- old high school student who was shot dead in a parking lot across the street from popular nightclub.
Outcome:	$1.2 million verdict; the jury rejected the defense's argument that the gunman was undeterred and unpreventable, and that security measures, such as guards and lights, wouldn't have prevented the boy's murder.

Case:	A security guard shot a resident during an argument that took place in the parking lot of his residence. The resident sued the condominium association.
Outcome:	Jury awards $2.9 million.

Case:	CJF sued an apartment complex, on behalf of a woman who was raped in her apartment by a man who climbed through her window, for misleading her about the extent of criminal activity in the area.
Outcome:	$1.6 million jury verdict.

Case:	Inadequate security case; CJF sued apartment complex for inadequate security resulting in the sexual assault of a USF student.
Outcome:	$1.05 million settlement.

Case:	Inadequate security: CJF settled claim against apartment complex for a woman who was sexually assaulted in her apartment.
Outcome:	$500k settlement.

Case:	Inadequate security, wrongful death: CJF sued an apartment complex for the wrongful death of a teenager who was beaten to death by other residents of the apartment complex.
Outcome:	$500k settlement.

PERSONAL INJURY AND WRONGFUL DEATH
Case:	Aviation disaster in which CJF represented the families of passengers who died in a plane crash due to negligent operation and maintenance of an aircraft.
Outcome:	$25 million settlement.

Case:	Wrongful death/electrocution case against an electricity supplier for the parents of a 35 year-old man who was electrocuted by a utility wire while repairing a road sign. The award is believed to be the second highest verdict in the history of Pasco County, Florida.
Outcome:	$3 million jury verdict.

Case:	A civilian helping to clear the road where a construction crew had knocked out an electrical pole was electrocuted by an energized wire and suffered severe brain damage.
Outcome:	$12 million settlement.

PRODUCT LIABILITY
Case:	In 1995, CJF filed a lawsuit against Johnson & Johnson, the maker of Tylenol, after a 39 old man and father of 2 took the drug for 4 days and died of liver failure on the fifth day. CJF accused the company of failing to adequately warn consumers of the potential risk of taking the drug for people who regularly drink alcohol.
Outcome:	Pertinent information about mixing medications and alcohol with Tylenol made public.

Case:	The families of 12 firefighters killed in the World Trade Center on 9/11/2001 hired Barry Cohen to sue Motorola Inc. and the city for $5 billion claiming Motorola sold the FDNY new but faulty digital radios that, if worked properly, could have saved the firefighters' lives.
Outcome:	Court ruling precludes victims' families from settlement as they were part of other settlement - injustice brought to light and changes in service soon followed.

Case:	CJF sued the Canadian manufacturer of an electric forklift for severe personal injury sustained by a forklift operator when the forklift electrical system malfunctioned and pinned the operator against a warehouse wall.
Outcome:	Confidential settlement.

MEDICAL MALPRACTICE
Case:	CJF represented a young husband and father who was the victim of medical malpractice during his treatment for burns he suffered.
Outcome:	Over $25 million settlement.

Case:	CJF represented the family of a infant boy who was the victim of medical malpractice during heart surgery at Shands Hospital in Gaineseville.
Outcome:	$12.8 million verdict affirmed by the First District Court and the Florida Supreme Court.

Case:	CJF represented a young woman who suffered a debilitating stroke during routine procedure.
Outcome:	Over $10 million settlement.

Case:	CJF represented the family of a man who died of a brain aneurysm.
Outcome:	Over $1 million settlement.

Case:	A disturbing cover-up and record tampering were revealed during an investigation of a medical malpractice case at Moffitt Cancer Center where a series of post surgery mistakes led to the death of a young husband and father.
Outcome:	Read the article: Moffitt Accused Of Coverup In Death

QUI TAM ACTIONS
Case:	CJF represented one of five separate claimants who filed Qui Tam actions against a corporation alleging that they submitted false claims to the U.S. Government under Medicare and other government programs.
Outcome:	The related Qui Tam cases resulted in a $327 million settlement between the company and the government in 2005. In addition to the monetary settlement, the corporation also entered into a corporate integrity agreement with the Inspector General of Health and Human Services to prevent future misconduct.

Case:	CJF represented a patient who filed a Qui Tam action against her dermatologist for falsifying biopsy results in order to fraudulently bill for medical procedures.
Outcome:	Physician found criminally guilty of Medicare fraud and Qui Tam case is pending.