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White Collar/Business Crimes

PRACTICE AREAS

Beginning in 1988, Mr. Kennedy cut-his-teeth as a young lawyer working for the law firm of Holland & Hart in Denver, Colorado, defending businesses and individuals in complex business civil and criminal litigation. Among the complex business civil cases he worked on at Holland & Hart was the 4.3 billion dollar Titan IV missile project litigation; the complex criminal litigation included the Rockwell International Rocky Flats plutonium ground water federal criminal investigation. Today, Mr. Kennedy defends individuals accused of white collar or business crimes. Mr. Kennedy has extensive experience in defending all manner of federal white collar criminal allegations of mortgage and financial fraud, bankruptcy fraud, health care fraud, federal grant funding fraud, money laundering, environmental crimes, embezzlement and misapplication, and bribery. And he has been asked to
present on recent trends in sentencing issues at the National Association of Criminal Defense Lawyers West Coast White Collar Conference. Among the many trials or dismissals which Mr. Kennedy has obtained are the following:

 

 

  • In 2016, jury trial acquittal on all charges in Department of Justice, mortgage fraud conspiracy prosecution

[United States v. Haischer, 2:11-cr-267-MMD-CWF (Las Vegas)]

 

  • In 2016, dismissal of 49 of 50 counts in a complex federal criminal money laundering and white collar construction lending fraud prosecution, including appellate court grant of mandamus upholding negotiated 49 count dismissal 

[United States v. Benvin, 3:11-cr-099-LRH-WGC (Reno)]

 

  • In 2014, jury trial conviction in a federal grant funds prosecution fraud prosecution

[United States v. Stickler, 3:12-cr-120-MMD-WGC (Reno)]

 

  • In 2013, jury trial acquittal on charges of conspiracy to commit bribery relating to federal program funds and bribery relating to federal program funds; jury conviction on misapplication of money or funds

[United States v. Aubrey, et.al., 2:09-cr-206-KJD-PAL (Las Vegas)]

 

  • In 1994, jury trial acquittal on all counts in complex two month bankruptcy fraud and perjury prosecution

[United States v. Lindauer CR-S-93-176-LKK [(ED. CA (Sacramento)]

 

  • In 2012, dismissal of all charges in federal felony postal prosecution following grant of new trial after conviction with a different defense lawyer

[United States v. Cortez- Delossantos, 3:10-cr-047-RCJ-WGC (Reno)]

 

  • in 2011, misdemeanor 1 year unsupervised probation in embezzlement prosecution

[United States v. Mishler, 2:11- cr-cr-124-VPC (Reno)]

 

  • In 2010, dismissal of all charges rather than proceed to trial in complex conspiracy to defraud and related false statements counts in criminal case against individuals and the Truckee Carson Water Irrigation District,

[United States v. Baker, et. al, including the Truckee Carson Irrigation District, 3:08-cr-119-JCM-RAM (Reno) (Vito de la Cruz, co-counsel]

 

  • In 2010, dismissal of felony bankruptcy fraud charges in exchange for a misdemeanor one year probation sentence.

[United States v. Price, 3:10-cr-036-LRH-WGC (Reno)]
 

  • In 2006, dismissal of all but one count in a ninety-six count mail and wire fraud federal prosecution and a 1 year sentence for the administrative assistant of a sitting federal judge charged with defrauding the federal district court judge

[(United States v. Coleman, 2:05-cr-474-JLQRJJ (Las Vegas & Sacramento)]

 

  • In 2007 & 2009, two federal trials lasting more than seven months over 95 trial days in 25 defendant conspiracy to defraud and tax evasion prosecution. 1st trial: Nine defendants went to trial on 162 counts between May and September of 2007. No defendant was convicted of any of the 162 counts in the 2007 trial. Four defendants were acquitted on all counts. Two defendants were acquitted on some counts with the jury hung on certain counts. Three defendants were hung on all counts. 2nd trial: combined the mistrial counts from the 2007 trial and counts from a second indictment focusing not on tax evasion but rather conspiracy to defraud by obstructing or interfering with the IRS. Trial was in May of 2009 through August of 2009. Acquittal and convictions - downward variance from 20-25 years to 6 year sentence

[United States v. Kahre, et. al., 2:05-cr-121-DAE-RJJ (Las Vegas)]

 

  • In 2005, dismissal of conspiracy, wire fraud, mail fraud and money laundering counts with 325-405 month sentence exposure in exchange for a single count 36 month sentence in complex multi-marketing federal prosecution.

[United States v. Mikrut, 2:02-cr-432-HDM-LRL (Las Vegas)]

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