Indiciments Dismissed
1. Indictment dismissed, for a physician, gastroenterologist, indicted on several counts of Grand Larceny, Insurance Fraud and related charges in connection to Health Care Fraud. (New York State Supreme Court) CLIENT REFERENCE #2
2. Indictment dismissed, for a physician, chiropractor, indicted on counts Grand Larceny, Insurance Fraud, Falsifying Business Records and related charges in connection to Health Care Fraud. (New York State Supreme Court) CLIENT REFERENCE #16
3. Indictment dismissed, for a physician, psychiatrist, indicted on counts of Insurance Fraud, Grand Larceny and related charges in connection to Health Care Fraud. (New York State Supreme Court) CLIENT REFERENCE #3
4. Multi-Count felony Complaint Dismissed, for a physician prosecuted on charges of Insurance Fraud, Scheme to Defraud in the First Degree and related serious charges in connection to Health Care Fraud. (New York State Court) CLIENT REFERENCE #5 IN THE NEWS
5. New York medical clinic and primary physician cleared of Medicare and Medicaid fraud and other related charges. Criminal investigation by Attorney General’s Office Medicaid Fraud Control Unit in conjunction with CMS (Centers for Medicare and Medicaid Services) and Safe Guard Services LLC, into alleged inappropriate billing and other fraudulent practices by Brooklyn, N.Y. based clinic. Investigation centered on patient information, medical findings, procedural reports, diagnostic studies, progress notes, treatment, initial evaluation and re-evaluations, treatment plan, laboratory test results, radiology reports, billing statements, flow sheets, super bills and patient encounter forms. (New York State) CLIENT REFERENCE #18
6. Indictment dismissed, for owner/operator of New York Home-Health Care Agency indicted on multi-million-dollar Medicaid and Medicare Fraud Grand Larceny and related charges. (New York State Supreme Court) CLIENT REFERNCE #12
7. Indictment dismissed, for a non-physician, alleged co-conspirator and “unlawful owner” of a medical/dental clinic. Indictment charged defendant along with 15 others on counts of multi-million-dollar Money Laundering, Medicaid and Medicare Fraud, Grand Larceny in the first degree and other charges in connection to Health Care Fraud. After complex motion practice and hearings, Mr. Dayan secured a complete dismissal of the indictment. (New York State Supreme Court) CLIENT REFERNCE #14 IN THE NEWS
8. Indictment dismissed, for a practicing attorney indicted on various counts of multi-million–dollar Insurance Fraud and related serious charges. The defense involved extensive litigation leading up to and including written submissions and oral argument at the Appellate Division in New York, 2nd Department. (New York State Supreme) CLIENT REFERENCE #21 IN THE NEWS
9. Indictment dismissed, for practicing attorney indicted on counts of multi-million-dollar Insurance Fraud and related serious charges, in consideration of a plea to a single violation of professional misconduct. The client retained his law degree. (New York State Supreme Court) CLIENT REFERENCE #22 IN THE NEWS
10. Federal Indictment dismissed: The widely publicized 22-count federal indictment charged the central defendant, Mr. Dayan’s client, with conspiracy to defraud insurance companies by billing for medical treatments and services not actually rendered to patients, conspiracy to bill insurance companies for treatments rendered by unlicensed and unqualified individuals and coaching patients to lie about their physical condition. The Indictment further alleged, defendant to have then conspired to launder millions of dollars fraudulently obtained through the billing scheme. Evidence against the accused consisted of consensual tape recordings, thousands of documents, testimony by co-operating witnesses’ and testimony of an individual posing as a patient but who was acting in an undercover capacity. Mr. Dayan secured for his client the extraordinary result in dismissing the federal indictment. (Federal Court S.D.N.J. Indictment No. 08-CR-132) CLIENT REFERENCE #23 IN THE NEWS
11. Federal Indictment dismissed: Defendant, a foreign national, extradited to U.S. federal court for the Eastern District of Michigan on an indictment charging conspiracy in violation of 18 U.S.C. 371 and to produce international false identification documents affecting United States interstate commerce, in violation of Title 18, USC, Sec. 1028(a)(1) and (2)., involving foreign participants stretching from Kiev, Moscow and the United States. Mr. Dayan secured for his client the extraordinary result in dismissing the federal indictment. (Federal Court Eastern District of Michigan, Indictment No. 0381070) CLIENT REFERENCE #24 IN THE NEWS
12. Federal Indictment dismissed: Indictment charging Murder-For-Hire, Witness Tampering Offenses, Sex-Trafficking And Sex Trafficking Conspiracy. Evidence against defendants consisted of recorded telephone conversations, under-cover-agent testimony, FBI video and audio surveillance and other physical evidence. Mr. Dayan secured for his client the extraordinary result in dismissing the federal indictment. (Federal Court for the Southern District of New York, Indictment No. 10 CR. 1279) CLIENT REFERNCE #19 IN THE NEWS
13. Federal Indictment dismissed: Indictment charged defendant, proprietor of a chain of jewelry stores, with dealing primarily with proceeds prom burglaries and robberies from all over the United States. Evidence against the defendant consisted of a full confession by the defendant to the purported truth of the allegations against him, prospective testimony by government-confidential informants and recovery of proceeds from armed-robberies. Despite vigorous prosecution by the government, and a highly contested federal litigation process involving complex written motions and hearings, Mr. Dayan secured for his client the extraordinary result in dismissing the federal indictment. (Federal Court S.D.N.J. Indictment No. 08-285 (SRC)) CLENT REFERENCE #6
14. Federal Indictment dismissed: After Mr. Dayan secured the dismissal of the first indictment discussed directly above, the Government came back to pursue the same defendant, now with a new and improved indictment with charges arising from the same facts, full confession, informants and recovery of stolen jewelry. Mr. Dayan, once again, against strong apposition by the government, secured for his client the extraordinary result in dismissing the federal indictment. (Federal Court S.D.N.J. Indictment No. 09-312 ) CLIENT REFERENCE #6
15. U.S. Indictment dismissed and U.S. extradition warrant against husband and wife, detained in Canada, vacated: Husband and wife arrested and detained in Canada on an extradition warrant from the United States on indicted charges of Grand Larceny, Falsifying Business Records, Money Laundering and major Tax Fraud. In what proved to be an extraordinary result, Mr. Dayan secured the complete dismissal of the U.S. Indictment in this case and terminated the extradition proceedings prior to the defendants’ extradition to the U.S. This specific result, the dismissal of a major U.S. indictment and termination of extradition proceedings in defendants’ absence, is exceptional in U.S. courts. (New York State Supreme Court) CLIENT REFERENCE #8 IN THE NEWS
16. Federal criminal complaint, charging defendant with human trafficking, forced sexual labor and other serious federal charges, dismissed. Defendant was arrested and fervently prosecuted by the U.S. Attorney’s Office. Evidence against the accused consisted of testimony by several highly sympathetic “victims”, co-operating witnesses, evidence of physical injury and other physical evidence of alleged forced labor, assault and rape. (Federal Court Eastern District of New York Crim. Case #) CLIENT REFERENCE #25 IN THE NEWS
17. Indictment dismissed: Charging defendant in a widely publicized commercial bribery scheme, involving a top New York college, to fraudulently alter college grades and sell fake college transcripts and masters degrees. (New York State Supreme Court) CLIENT REFERENCE #31 IN THE NEWS
18. Indictment dismissed: In connection with a Supreme Court ordered Search Warrant, defendant, owner of New York chain optical stores , was indicted and vigorously prosecuted on charges of Money Laundering, Infringement Of Copyrights, Falsifying business Records in the 1st Degree, Grand Larceny and related charges. (New York Sate Supreme Court) CLIENT REFERENCE #30 IN THE NEWS
19. Defendant cleared on all of the 13-counts of Identity Theft, Grand Larceny, Forgery, and related serious charges. The Federal and State joint investigation leading to arrest and prosecution of defendant was conducted by the NYPD, senior regional investigator for Chase Bank, investigators for Bank Of America, investigators for Citi Bank and American Express. (New York State Criminal Court) CLIENT REFERENCE #67
20. Indictment dismissed, for defendant charged with seven counts of Possession of Loaded Guns, Criminal Sale of Controlled Substance in the 1st t degree and other very serious charges. Pursuant to an eavesdropping warrant, long-term court order #051002 E13-A17, a search warrant and cooperator testimony, detectives of the NYPD uncovered a statewide cocaine distribution organization allegedly supervised by this defendant. During the execution of the search warrant, detectives discovered seven guns inside defendant’s residence, bulletproof vests, cocaine and drug weighing and packaging equipment. Defendant was arrested, indicted and vigorously prosecuted. If convicted, the prospect of 25 years incarceration was imminent. After the initial high bail set by the Court, Mr. Dayan was able to successfully appeal and overturn the bail conditions and secured defendant’s release. Thereafter, Mr. Dayan secured for his client the complete dismissal of indictment and all criminal charges. (New York State Supreme Court) CLIENT REFERENCE #28 IN THE NEWS
21. Indictment dismissed, for defendant charged with counts of Attempted Murder, Possession of a Loaded Firearm, Assault in the 1st degree and related counts, notwithstanding positive identification by two eye-witnesses and victims of the shooting. Defendant was wrongfully identified and indicted for shooting at two college students at close range. Victims identified defendant short time after the shooting in a non-police orchestrated identification process. The injuries to the victims were life threatening. If convicted after trial, the prospect of 25 years of incarceration was imminent. (New York Sate Supreme Court) CLIENT REFERENCE #9
22. Indictment dismissed, for defendant charged on counts of Attempted Murder, Possession of a Loaded Fire-Arm and related charges, notwithstanding, a credit card receipt in the name of defendant placing him at the scene, video surveillance footage depicting what reasonably appeared to be the defendant approaching victim after verbal dispute and shooting victim at close range, and a line-up identification of defendant by two witnesses. Defendant had no alibi witnesses. After Mr. Dayan secured for his client the complete dismissal of the indictment, the client was awarded a substantial financial award from N.Y.C. for wrongful arrest and prosecution.(New York Sate Supreme Court) CLIENT REFERENCE #10
23. Two consolidated indictments dismissed for defendant charged with Attempted Murder, Possession Of Deadly Weapon, Assault In The First Degree and related serious charges, notwithstanding more than five eyewitnesses identifying the defendant as the unjustified assailant. (New York State Supreme Court) CLIENT REFERECE #29
24. Two Indictments dismissed, for defendant wrongfully charged on counts of Coercion In The First Degree, Criminal Contempt In The First Degree, Tampering With a Witness and related serious charges. Notwithstanding that the Emergency Services Unit of the New York Police Department responded to the scene and had to use specialized tactics to safely extract the complaining witness and her daughter from their apartment, and the fact that defendant was arrested several times in connection to the same complainant and the existence of two Grand Jury indictments, Mr. Dayan was able to secure defendant’s release on reasonable bail despite strenuous objections from prosecution demanding remand. Thereafter, it was established convincingly that the complainant deceived the prosecution, the Grand Jury and the Court. Both indictments against the defendant were dismissed. (New York State Supreme Court)
25. Indictment dismissed for defendant charged with counts of Robbery In 1st Degree, Possession Of Weapon Second Degree And Assault, notwithstanding the complainant was a police officer. Court authorized search warrants were executed in the course of the investigation leading to defendants’ indictment and zealous prosecution by the government. After extensive litigation, Mr. Dayan secured a complete dismissal of the indictment for his client. (New York State Supreme Court) CLIENT REFERENCE #32
26. Indictment dismissed, for two defendants charged on counts of Class “A1” drug distribution in New York, notwithstanding alleged direct conversation and transactions with NYPD Undercover Detectives. Subsequent to extensive surveillance by the NYPD, New York City Special Narcotics indictment charged two defendants as leaders and organizers in a “CLASS A1” conspiracy to distribute large quantities of ecstasy in and around New York city night clubs. The indictment alleged a wide spending drug distribution operation headed by the two defendants. (New York State Supreme Court) CLIENT REFERENCE #70
27. Indictment dismissed, for defendant implicated in a direct hand-to-hand sale of one kilo of cocaine to an undercover government operative. After a long-term sting operation, defendant delivered for sale one kilo of cocaine to the undercover government operative and was immediately apprehended. Defendant seemingly had no defenses. Mr. Dayan secured a complete dismissal of indictment for his client. (New York State Supreme Court) CLIENT REFERENCE #34
28. Indictment dismissed, for defendant charged on “CLASS A1” felony possession of controlled substance with intent to distribute, notwithstanding, the controlled substance found on his body underneath his inner clothing. After defendant is observed, apprehended and searched by the NYPD, a large amount of cocaine is found on his person underneath his clothing. . Seemingly, it was impossible for defendant to argue that he did not know about the drugs that were wrapped in and around his body. But as a result of Mr. Dayan’s extensive research on the law, written memorandums and hearings, he and co-counsel secured a complete dismissal of the indictment. (New York State Supreme Court)
29. Federal complaint dismissed for reputed “acting boss of the Lucchese crime family”, notwithstanding evidence of Title III wiretaps, indicating serious violations of supervised release. (Federal Court Eastern District of New York) CLIENT REFERENCE #26 IN THE NEWS
30. Vehicular Manslaughter and all related criminal charges dismissed, for defendant charged as a result of high speed and Reckless Driving. Police investigation into the defendant’s car evidence-data recorder (EDR), which collects information on what the vehicle was doing before, during and after the fatal crash, purportedly indicated that eight sixty-two (862) feet before the collision, defendant’s large van was operating at forty eight (48) MPH, and the accelerator was fully depressed on defendants van, and the speed of defendant’s van was steadily increasing until the time of impact and the registered speed of defendant’s van was operating at the time of impact was sixty-two (62) MPH. The posted speed limit for the location of fatality was thirty (30) MPH. However, Mr. Dayan’s own investigation and expertise in crime scene analysis raised serious doubts about the accuracy of police the investigation. Mr. Dayan secured complete dismissal of all criminal charges against his client. (New York State Court) CLIENT REFERENCE #35