White Collar / Criminal Defense & Investigations

• Securities Fraud: Acquittal of Hedge Fund Owner

  The owner of a hedge fund was accused of raising capital for his fund through the use of fraudulent letters to investors. While several attorneys told the client that his days were numbered and that he…
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  Securities Fraud: Acquittal of Hedge Fund Owner
  The owner of a hedge fund was accused of raising capital for his fund through the use of fraudulent letters to investors. While several attorneys told the client that his days were numbered and that he would be convicted and serve substantial jail time, attorney Bruce Barket took the case to trial and won the man his freedom.

  The case involved invested funds lost in a fraudulent scheme by a third party, mounting losses by the fund, and efforts by the hedge fund owner to acquire additional funds to recoup losses to make his clients whole. Despite his efforts, the fund failed and a number of high profile investors went the FBI, who arrested the hedge fund owner and commenced a prosecution.

  The U.S. Attorneys Office pressed forward with what they and other observers believed to be a very strong case. However. Mr. Barket's strategic approach and courtroom prowess revealed numerous flaws in the prosecutor's case. Several of the victims withered under cross examination by Barket.

  The jury acquitted the client of all charges.

• Double Homicide:  Indictments Dismissed 20 Years Later

  Bruce Barket and a team of dedicated lawyers obtained the long-awaited dismissal of the double homicide case against Martin Tankleff, who had been convicted and jailed for nearly 20 years for the murder…
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  Double Homicide:  Indictments Dismissed 20 Years Later
  Bruce Barket and a team of dedicated lawyers obtained the long-awaited dismissal of the double homicide case against Martin Tankleff, who had been convicted and jailed for nearly 20 years for the murder of his parents on Long Island in 1988.

  After Mr. Barket and his team obtained an order vacating the murder convictions, New York’s Attorney General, Andrew Cuomo, took on the task of re-investigating the murders. He reviewed the evidence gathered and developed by Mr.Barket and his trial team throughout several years of investigation and the subsequent courtroom hearings in Supreme Court, Suffolk County. Mr. Barket's cross examinations and strategic approach to the hearings were covered by both local and national media.

  The Attorney General agreed with Mr. Barket and the trial team that the murder indictments should be dismissed and no new trial conducted. The dismissal of the case marked an end to the nearly 20-year odyssey of Mr. Tankleff, who spent nearly two decades in jail, all the while maintaining his innocence. Mr. Barket was hired in 2003 and spent over 5 years proving Mr. Tankleff’s innocence.

• Securities Fraud: Bear Stearns: No Charges Filed against Subprime Hedge Fund Manager

  Nathan Burney represented one of the managers of the Bear Stearns subprime hedge funds, whose implosion was believed to have started the financial crisis of 2007 and 2008. Although two other managers were…
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  Securities Fraud: Bear Stearns: No Charges Filed against Subprime Hedge Fund Manager
  Nathan Burney represented one of the managers of the Bear Stearns subprime hedge funds, whose implosion was believed to have started the financial crisis of 2007 and 2008. Although two other managers were ultimately indicted, Mr. Burney was able to get to the bottom of very complex financial matters, explain what happened rationally, and help persuade the federal prosecutors not to bring any charges against Mr. Burney's client.

• Attempted Murder:  Amy Fisher Freed From Prison 8 Years Early

  Bruce Barket, was hired by Amy Fisher to overturn her conviction based upon allegations that a plea deal with the prosecutor was violated and that her former attorney improperly influenced her to take…
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  Attempted Murder:  Amy Fisher Freed From Prison 8 Years Early
  Bruce Barket, was hired by Amy Fisher to overturn her conviction based upon allegations that a plea deal with the prosecutor was violated and that her former attorney improperly influenced her to take the plea deal. The case involved the shooting of Mary Jo Buttafuoco, the wife of Ms. Fisher's lover, Joey Buttafuoco.

  After years of effort, Mr. Barket got the court to set aside Ms. Fisher's 1992 guilty plea and allow a re-sentencing that freed her from jail, cutting 8 years of prison time from her sentence.

• Mortgage Fraud: No Charges Filed

  An attorney found herself being pursued for an arrest by detectives for mortgage fraud. She hired Bruce Barket. The prosecutors were alleging an elaborate scheme by the attorney and wanted to lodge charges…
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  Mortgage Fraud: No Charges Filed
  An attorney found herself being pursued for an arrest by detectives for mortgage fraud. She hired Bruce Barket.

  The prosecutors were alleging an elaborate scheme by the attorney and wanted to lodge charges against her. Barket investigated the case, mounted a defense, and met with the detectives and prosecutors. After pressing his case with them, he convinced them to drop the matter entirely, with no charges being filed against the attorney.

• Dismissal of Murder Charges:  Shooting Death of a 2-year Old Child

  Mr. Barket convinced a Bronx judge to declare a mistrial in the Easter 2006 shooting death of a 2-year-old boy. Mr. Barket maintained that he had evidence that another man killed the child, who was in…
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  Dismissal of Murder Charges:  Shooting Death of a 2-year Old Child
  Mr. Barket convinced a Bronx judge to declare a mistrial in the Easter 2006 shooting death of a 2-year-old boy. Mr. Barket maintained that he had evidence that another man killed the child, who was in the back seat of his family's minivan on the way to church when a stray bullet - fired in an argument between two groups of men - pierced the door.

  Mr Barket cited to evidence that there was no DNA match on certain key evidence and he convinced the prosecutors to go along with a mistrial in the middle of the proceedings. After getting the prosecutors to reopen their investigation, Mr. Barket obtained the District Attorney's consent to dismiss the Murder charges against his client.

• Insurance Fraud Scheme:  No Jail Time

  Mr. Barket represented an executive at an insurance company alleged to have engaged in a fraudulent scheme. Under the federal sentencing guidelines, the client was facing years in jail, based upon the…
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  Insurance Fraud Scheme:  No Jail Time
  Mr. Barket represented an executive at an insurance company alleged to have engaged in a fraudulent scheme. Under the federal sentencing guidelines, the client was facing years in jail, based upon the prosecutor's allegations of hundreds of thousands of dollars in losses. Mr. Barket took apart the prosecution's case regarding the finances involved and established a very small loss amount, resulting in the judge ordering no jail sentence at all.

• Federal Antitrust: No Jail, No Fine in Major White-Collar Case

  Mr. Burney represented an executive of an international aviation firm in a federal trade secrets case brought by the Antitrust Division. The executive had pled to the entire indictment while represented…
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  Federal Antitrust: No Jail, No Fine in Major White-Collar Case
  Mr. Burney represented an executive of an international aviation firm in a federal trade secrets case brought by the Antitrust Division. The executive had pled to the entire indictment while represented by other counsel, facing a minimum of several years in prison and many millions of dollars in fines. At sentencing, Mr. Burney convinced the court that the Antitrust Division's financial analysis was wrong in every respect, that any losses were nominal at most, and that the Sentencing Guidelines should not be applied.

  The client went free that day with a sentence of probation, no fines, and nominal restitution.

• Habeus Corpus: Release From Jail on Robbery Conviction

  Mr. Barket was hired by a client to commence a federal court proceeding to win his freedom. He was facing a lifetime of jail for a Robbery conviction. The conviction occurred when the client was represented…
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  Habeus Corpus: Release From Jail on Robbery Conviction
  Mr. Barket was hired by a client to commence a federal court proceeding to win his freedom. He was facing a lifetime of jail for a Robbery conviction.

  The conviction occurred when the client was represented by another attorney. Barket re-investigated the case and found disturbing irregularities, including a secret agreement between the prosecutors and a witness who testified against the client, casting a serous cloud on the conviction obtained.

  After intense cross examinations of various witnesses by Mr. Barket, the judge pressured the U.S. Attorneys to go along with a reduction of the client's sentence resulting in his immediate release from prison.

• Acquittal of Murder:  Involving the FBI, Mafia and More . . .

  Mr. Barket represented a client accused of a 1989 murder, for which he was arrested many years later. The case involved FBI agents and mafia figures in a dramatic alleged shooting of a Brooklyn teenager.…
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  Acquittal of Murder:  Involving the FBI, Mafia and More . . .
  Mr. Barket represented a client accused of a 1989 murder, for which he was arrested many years later. The case involved FBI agents and mafia figures in a dramatic alleged shooting of a Brooklyn teenager. Barket proclaimed that his client was wrongfully arrested and charged with the murder, and he proceeded to trial.

  The local media in New York covered the trial, publishing cross examination exchanges between Mr. Barket and the witnesses for the prosecution. The strategy, tenacity and skill employed by Barket proved his client's innocence of the charges and he won the trial, obtaining a complete acquittal and dismissal of the murder charges.

• Insurance Fraud: No Charges Filed Against Client

  Mr. Burney represented an attorney in an investigation by the New York State Attorney General into allegations of health-care fraud. Mr. Burney was able to cut through the complex evidence and persuade…
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  Insurance Fraud: No Charges Filed Against Client
  Mr. Burney represented an attorney in an investigation by the New York State Attorney General into allegations of health-care fraud. Mr. Burney was able to cut through the complex evidence and persuade the prosecution not to bring any charges against the client.

• Acquittal:  Multiple Shootings

  Mr. Barket's client was accused of shooting 2 money couriers, a retired police officer, and a fire fighter. The client was identified by several eyewitnesses, but Mr. Barket was able to shake their testimony…
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  Acquittal:  Multiple Shootings
  Mr. Barket's client was accused of shooting 2 money couriers, a retired police officer, and a fire fighter. The client was identified by several eyewitnesses, but Mr. Barket was able to shake their testimony and win the case completely, with all 10 counts dismissed against the client.

• Insurance Kickback Case:  Dismissed

  Mr. Barket was hired by a field insurance adjuster accused of receiving kickbacks in exchange for inflating auto repair estimates. The prosecution had evidence of cash payments being made and evidence…
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  Insurance Kickback Case:  Dismissed
  Mr. Barket was hired by a field insurance adjuster accused of receiving kickbacks in exchange for inflating auto repair estimates. The prosecution had evidence of cash payments being made and evidence that they believed showed phony auto repair estimates.

  Barket cut through the evidence, made a forceful presentation to the prosecutors, and convinced them to dismiss the case completely.

• Double Homicide:  Not Guilty at Trial

  A man "confessed" to running down two rival gang members with his car, killing both men. An extensive written confession, signed by the accused, was produced by the police. Barket took the case to trial.…
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  Double Homicide:  Not Guilty at Trial
  A man "confessed" to running down two rival gang members with his car, killing both men. An extensive written confession, signed by the accused, was produced by the police.

  Barket took the case to trial. He tore apart the alleged confession, showing numerous irregularities with the Spanish interpretation allegedly performed by the detectives. He also hired experts to testify about the accident scene, showing how there was proof that the incident was an accident.

  The jury acquitted the client of the murder charges and the client was immediately released from jail for time served on a lesser charge of criminal negligence.

• Stolen Trade Secrets:  No Prosecution

  Bruce Barket was hired to defend an employee of a company who was accused of stealing trade secrets from the employer. The District Attorney's Office was pressing for an arrest, but Barket thwarted the…
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  Stolen Trade Secrets:  No Prosecution
  Bruce Barket was hired to defend an employee of a company who was accused of stealing trade secrets from the employer. The District Attorney's Office was pressing for an arrest, but Barket thwarted the effort, convincing prosecutors that they could not make out a case. The matter was dropped, with no arrest and no charges filed against the client.

• Murder and Assault:  Not Guilty

  A man who was accused of shooting two brothers, killing one, hired Barket to represent him. There were 5 prosecution witnesses saying that the client was the shooter. The prosecution also had an alleged…
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  Murder and Assault:  Not Guilty
  A man who was accused of shooting two brothers, killing one, hired Barket to represent him. There were 5 prosecution witnesses saying that the client was the shooter. The prosecution also had an alleged "confession" to the client's friend.

  Once again, Barket pressed forward to trial, cross examining witnesses and hitting back at the prosecution. Despite what appeared to be a mountain of evidence, Barket prevailed, gaining not guilty verdicts for the client on all charges.

• Attempted Murder:  Acquitted

  A young man ran into his back yard with a shotgun and blasted an intruder in the abdomen, nearly killing him. He was arrested and charged with Attempted Murder. Barket was brought in to try the case. The…
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  Attempted Murder:  Acquitted
  A young man ran into his back yard with a shotgun and blasted an intruder in the abdomen, nearly killing him. He was arrested and charged with Attempted Murder. Barket was brought in to try the case.

  The facts centered upon the fact that the accused and his family were from the country of Iran and were being taunted and jeered about their arabic heritage by local kids in the neighborhood. On the day in question, the accused believed his mother to be in danger and claims that he fired the shotgun in her defense.

  Mr. Barket cross examined the various players and brought out the truth, vigorously contesting the prosecutor's claim that the accused was bent on killing the taunters. Barket prevailed, with a not guilty verdict on the Attempted Murder charge.

• Narcotics Seized:  Evidence Suppressed

  A front-page story in the New York Law Journal covered Mr. Barket's success in pre-trial hearings in a narcotics case. The police followed a trial of blood to the apartment door of the accused and claimed…
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  Narcotics Seized:  Evidence Suppressed
  A front-page story in the New York Law Journal covered Mr. Barket's success in pre-trial hearings in a narcotics case. The police followed a trial of blood to the apartment door of the accused and claimed that their entry into his apartment was justified without a warrant, under the circumstances. A narcotics operation was found inside.

  The prosecution had a string of court decisions that supported their position. They put their high profile prosecutor on the case to brief the legal issues and conduct the hearings against Barket. Through cross examinations and the submission of extensive legal briefs showing additional legal authorities, the court was convinced by Mr. Barket that the incriminating evidence needed to be suppressed.

  The court rendered an extensive written opinion that was published in the Law Journal.

• Conviction Overtuned:  Even Before an Appeal

  An Upstate New York man went to trial on a case with a local attorney and was convicted on numerous counts. Mr. Barket was hired to handle the man's sentence and subsequent appeal. Barket evaluated the…
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  Conviction Overtuned:  Even Before an Appeal
  An Upstate New York man went to trial on a case with a local attorney and was convicted on numerous counts. Mr. Barket was hired to handle the man's sentence and subsequent appeal.

  Barket evaluated the case and decided that he should first seek a dismissal based upon irregularities with the verdict sheet in terms of inconsistent findings by the jury. The prior attorney, who lost the trial, objected the strategy, claiming that it was domed to fail.

  Barket forged ahead, preparing legal papers and getting ready for the sentencing. At oral argument, the judge evaluated the legal issues presented by Mr. Barket and completely dismissed the case, vacating the convictions and setting the man free.

• Shotgun Murder:  Acquittal at Trial

  Mr. Barket was hired to represent a man accused of using a shotgun to kill a man to whom he owed money. The prosecution had a confession and claimed to have a solid case. Barket forged ahead to trial,…
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  Shotgun Murder:  Acquittal at Trial
  Mr. Barket was hired to represent a man accused of using a shotgun to kill a man to whom he owed money. The prosecution had a confession and claimed to have a solid case.

  Barket forged ahead to trial, cross examining the witnesses against his client and taking apart the prosecutor's theories. the jury deliberated after hearing Barket's summation of the evidence and returned with a verdict of not guilty. Case dismissed.

• 1st Degree Murder:  Not Guilty After Trial

  In a highly publicized case, Mr. Barket took on the prosecution in a 1st Degree murder case. Barket claimed that the police and prosecutors had the wrong man and he set out to prove it. At trial and through…
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  1st Degree Murder:  Not Guilty After Trial
  In a highly publicized case, Mr. Barket took on the prosecution in a 1st Degree murder case. Barket claimed that the police and prosecutors had the wrong man and he set out to prove it.

  At trial and through further investigation, Barket uncovered misconduct in the procedure by which the client was identified at a lineup. He even accused a prosecutor of being involved in the misconduct.

  The jury agreed with Barket and acquitted the client. A subsequent civil lawsuit was also successfully brought and settled by Barket for the jailing of the client and the violation of his constitutional rights.