Albert Dayan's Notable Cases & Results

Notable Cases & Results

In accordance with ethical obligations, Mr. Dayan is committed to privacy and protection of identities for his clients. Therefore, matters listed below are not captioned and include only the nature of the case, the charges, the jurisdiction and the results. In the interests of brevity, Mr. Dayan did not include here hundreds of felony complaint cases where he secured complete dismissals prior to indictment, notwithstanding very serious criminal charges. Also, he did not include here all of the indicted cases where he secured complete dismissals. Included here, are a selective number of representative indicted Federal and States Cases where Mr. Dayan secured dismissals prior to or after trials.

Verification of every sealed indictment referenced here is available upon request.

I. INDICTMENTS DISMISSED PRIOR TO TRIAL.

1. Federal Indictment charging a Practicing Physician with Health Care Fraud, Enterprise Conspiracy of more than $279 Million, Mail Fraud and Money Laundering: Dismissed in its entirety. (31 other Defendants were convicted) Defendant, a licensed doctor, was one of the several other Doctors accused of taking kickbacks for procedures that were not medically necessary, allegations phony patients with referrals to MRIs' and Radiology tests in a scheme that defrauded Insurers "on an unprecedented scale" said U.S. Attorney Preet Bharara. "The break-up of the 36 member-ring in February 2012, was the largest such bust in history, spurring the government to use the Racketeering Influenced and Corrupt Organization Act or RICO - an anti organized crime law allowing the prosecution of Racketeering activity." After almost two ears of litigation, all charges were dismissed against my client. (Southern District of New York, Indictment No.12-CR-171 (JPO) Reference available.

2. Federal Indictment charging 22 counts of Multi-Million-Dollar Money Laundering, Insurance Fraud, and Health-Care Fraud Scheme 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 fraudulent medical treatments and services, 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 a co-operating coconspirator and testimony of an individual posing as a patient but who was acting in an undercover capacity. (Federal Court S.D.N.J. Indictment No. 08-CR-132) (Client and media references available).

3. Federal Indictment charging Immigration Fraud and Illegal-Immigrant Smuggling dismissed for defendant, a foreign national, extradited to U.S. federal court for the Eastern District of Michigan on an indictment charging conspiracy to produce international and United States false identification documents. This conspiracy and prosecution involved foreign participants stretching from Kiev, Moscow and the United States. (Federal Court Eastern District of Michigan, Indictment No. 0381070) (Client and media references available).

4. Federal Indictment charging Murder-For-Hire, Witness Tampering Offenses, Sex-Trafficking and Sex Trafficking Conspiracy dismissed. Evidence against the defendant consisted of recorded telephone conversations, under-cover-agent testimony, FBI audio and video surveillance and other physical evidence. (Federal Court for the Southern District of New York, Indictment No. 10 CR. 1279) (Client and media references available).

5. Federal Indictment charging defendant, a proprietor of a well-known chain of jewelry stores, with possession and dealing primarily with highly valued stolen jewels prom burglaries and robberies from all over the United States, dismissed. Notwithstanding a full confession made by the defendant and the recovery of the stolen jewels from the defendant. Evidence against the defendant consisted of a full confession made by the defendant to the purported truth of the allegations against him, testimony by government-confidential informants and the recovery of the stolen jewels from the defendant with the original price tags still on them. 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)) (Client reference available).

6. 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 indictment with charges arising from the same facts, full confession, informants and the recovery of stolen jewels. Mr. Dayan, once again, against strong apposition by the government, secured for his client the extraordinary result in dismissing the federal indictment. The prosecution never came back. (Federal Court S.D.N.J. Indictment No. 09-312) (Client reference available).

7. U.S. Indictment and Extradition Warrant against two defendants detained in Canada dismissed prior to defendants’ extradition to U.S. for prosecution. Husband and wife were 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 a remarkable 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 from U.S. jurisdiction, is exceptional in U.S. courts. (New York State Supreme Court). (Client reference available).

8. Federal Criminal Complaint, charging defendant with Human Trafficking, Forced Sexual Labor and all the other serious federal charges, dismissed. Defendant was arrested and aggressively 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. Mr. Dayan secured a complete dismissal of all federal charges. (Federal Court Eastern District of New York Crim. Case #06MJ752) (Client and media references available).

9. Federal Criminal Complaint dismissed for reputed “acting boss of the Lucchese crime family”, notwithstanding evidence of Title III wiretaps, indicating substantial violations of supervised release. (Federal Court Eastern District of New York) (Client and media references available).

10. Indictment dismissed for a physician, gastroenterologist, indicted on counts of Grand Larceny, Insurance Fraud and related charges in connection to Health Care Fraud. (New York State Supreme Court) (Client reference available).

11. 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 available).

12. 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 available).

13. Multi-count felony complaint dismissed, for a physician arrested and prosecuted by New York State Attorney General’s Office 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 and media references available).

14. New York medical clinic and primary physician cleared of Medicare and Medicaid fraud and other related charges. Criminal investigation by Attorney General’s Office 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 Attorney General’s Office) (Client reference available).

15. Indictment dismissed, for owner/operator of New York Home-Health Care Agency, indicted and prosecuted on multi-million-dollar Medicaid and Medicare Fraud, Grand Larceny in the 1st Degree (over one million dollars), and related charges. (New York State Supreme Court) (Client reference available).

16. Indictment dismissed, for a co-conspirator-owner of a medical/dental clinic, charging defendant along with 15 others in a highly publicized and vigorously prosecuted Money Laundering scheme, Medicaid and Medicare fraud, Grand Larceny in the 1st degree and other charges. After complex motion practice and hearings, Mr. Dayan secured for his client the only dismissal in this case. (New York State Supreme Court) (Client and media references available).

17. Indictment dismissed, for a practicing attorney indicted on various counts of multi-million–dollar Insurance Fraud, Grand Larceny and related serious charges. In this case, the litigation process involved complex written motions and oral arguments at the Appellate Division in New York, 2nd Department. (New York State Supreme) (Client and media references available).

18. Indictment dismissed, for practicing attorney indicted on counts of multi-million-dollar Grand Larceny, Filing Falls Auto-Insurance Claims, and related serious charges. Mr. Dayan secured for his client a complete dismissal of the indictment 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 available).

19. Indictment 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, dismissed. (New York State Supreme Court)   (Client and media references available).

20. Indictment charging defendant, owner of New York chain optical stores, in connection with a Supreme Court ordered Search Warrant, on counts of Money Laundering, Infringement Of Copyrights, Falsifying business Records in the 1st Degree, Grand Larceny and related charges, dismissed. (New York Sate Supreme Court) (Client and media references available).

21. After arrest and aggressive prosecution, defendant was cleared on all 13-counts of Identity Theft, Grand Larceny, Forgery, and all other related 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 available).

22. Indictment dismissed, for defendant charged with possession of seven loaded guns inside his home, criminal sale (state-wide distribution) of controlled substance in the 1st degree and other very serious charges. Pursuant to an eavesdropping warrant, long-term court order #051002 E13-A17, which produced hundreds of hours of recorded conversations, 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 on a multi-count indictment. 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 the original high bail conditions and secured defendant’s release. Thereafter, Mr. Dayan secured for his client the complete dismissal of the indictment and all criminal charges. (New York State Supreme Court) (Client and media references available).

23. 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 of the defendant by two eyewitnesses and victims of the shooting. Subsequent to being identified by eyewitnesses and victims, defendant was 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. Mr. Dayan secured a complete dismissal of the indictment. (New York Sate Supreme Court) (Client reference available).

24. 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 the defendant placing him at the scene, video surveillance footage depicting what reasonably appeared to be the defendant approaching victim after verbal dispute and unjustifiably shooting at an unarmed victim at close range. And, two eyewitnesses identified the defendant in a line-up identification process. Defendant had no alibi witnesses. In this case, 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 available).

25. Two consolidated indictments dismissed for defendant charged with Attempted Murder, Possession Of Deadly Weapon, Assault In The 1st Degree and related serious charges, notwithstanding recovery of the weapon with physical evidence on it singling out the identity of the accused and several independent eyewitnesses identifying the defendant as the unjustified assailant. (New York State Supreme Court) (Client reference available).

26. Two Indictments dismissed, for defendant charged on counts of Coercion In The First Degree, Criminal Contempt In The 1st 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)

27. Indictment dismissed for defendant charged with counts of Robbery In 1st Degree, Possession Of Weapon Second Degree And Assault, notwithstanding the victim/complainant was a police officer. In this case, court authorized search warrants were executed in the course of the investigation leading to defendants’ arrest, indictment and zealous prosecution by the government. (New York State Supreme Court) (Client reference available).

28. Indictments dismissed, for two defendants charged on counts of Class “A1” drug distribution in New York, notwithstanding alleged direct conversations and transactions with NYPD undercover detectives. Subsequent to extensive surveillance by NYPD Narcotics Squad, 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. In this case, Mr. Dayan secured a complete dismissal of indictment for both defendants. (New York State Supreme Court) (Client reference available).

29. 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 with the use of government surveillance and audio recordings, defendant delivered for sale one kilo of cocaine to the undercover government operative and was immediately apprehended while in possession of the kilo of cocaine. Defendant seemingly had no defenses. Mr. Dayan secured a complete dismissal of indictment for his client. (New York State Supreme Court) (Client reference available).

30. Indictment dismissed, for defendant charged on “CLASS A1” Felony possession of controlled substance with intent to distribute, notwithstanding that the drugs were found wrapped around his body underneath his inner clothing. Subsequent to defendant being apprehended and searched by the NYPD, a large amount of cocaine was found wrapped around his body, underneath his inner clothing. Seemingly, it was impossible for defendant to argue that he did not know about the drugs wrapped in and around his body. But as a result of Mr. Dayan’s extensive investigation of the facts in this case, research on the law, complex written memorandums and hearings, he secured a complete dismissal of the indictment. (New York State Supreme Court)

31. 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 available).

II. TRIALS: The trial list below does not include all the trials where Mr. Dayan secured complete acquittals on all counts. Included here is a number of selective complex trials that might have initially seemed, to others, nearly impossible to win.

32. Federal Jury acquits defendant, reputed Gambino crime family associate, after trial: Federal interstate investigation and sting operation directly linked reputed Gambino crime family associate to a drug-smuggling plot that unraveled in Illinois and delivered to New York. DEA agents intercepted a delivery of hundreds of pounds in controlled substances on its way to New York. During what then became a DEA controlled delivery, defendant was observed with his U-hall truck receiving the delivery in a vacant parking lot late in the evening. Thereafter, in what DEA agents described as an attempt by the defendant to avoid arrest, a high-speed auto chase ensued which resulted in defendant’s eventual apprehension. Evidence against the accused at trial consisted of photo surveillance, telephone records, consensual telephone recordings, body-wire recordings, testimony by cooperating coconspirators and five DEA agents, all of which implicated the defendant as a leader and organizer of the drug distribution conspiracy. Defendant, who at the time of trial was on federal probation for a bank burglary, was unable to testify in his defense and, if convicted, was exposed to thirty years of incarceration. Mr. Dayan secured an acquittal on all counts after trial in Federal Court. (Federal Court Eastern District of New York) (Client and media references available).

33. Federal Jury acquits defendant after trial: FBI sting operation implicated four defendants, N.Y. based businessmen, on charges of Money Laundering, criminal possession of highly valued stolen jewels and related federal charges. Evidence against defendant consisted of many hours of audio wiretaps, video surveillance reflecting the transactions between cooperating informants and defendants, recovery of the jewels and high volumes of cash, testimony by FBI informants, cooperating co-conspirators, FBI agents’ testimony and other physical evidence. After a highly charged federal trial, MR. Dayan’s client was acquitted on all counts, including all the money laundering counts, and the jury deadlocked on the one remaining minor-count. The defendant was later offered an uncommon federal misdemeanor. (Federal Court Southern District of New York) (Client reference available).

34. Federal Jury acquits lead-defendant after trial on substantive counts of Securities Fraud and all Money Laundering Counts. Two year long government investigation produced evidence of over 900 hours of recorded conversations directly implicating the defendant as leader and organizer in a multi-million-dollar securities fraud scheme. In addition to the recorded conversation, evidence at trial consisted of testimony for the prosecution by several co-operating coconspirators implicating the defendant, hundreds of victims and thousands pages of documents. After two months on trial, Mr. Dayan, secured an acquittal on all the Money Laundering counts and the substantive count of Securities Fraud. Defendant was convicted of a singe count of conspiracy. (Federal Court Eastern District of New York) (Client reference available).

35. Federal Jury deadlocked on all counts after trial for defendant, former professional boxer, alleged member of the Russian mob, charged as the leader and organizer in an Extortion Conspiracy. Evidence at trial consisted of testimony by government informants and cooperating coconspirators, consensually recorded telephone conversations, testimony by the FBI and NYPD detectives, video and still picture surveillances implicating defendant in the ‘act’, pictures and medical reports evidencing physical injury inflicted to the victim by the defendant, testimony of victim and other eye-witnesses’ testimony. After a highly contested federal trial, Mr. Dayan secured the result of a “Jury Deadlocked” on all counts. Defendant was thereafter sentenced to time served. (Federal Court Easter District of New York 03CR117 RJD) (Client reference available).

36. Federal Jury deadlocked on all counts after trial for lead-defendant, supervising U.S. customs agent, charged in a U.S. airport Bribery Scheme. The indictment charged the defendant, a U.S. airport supervisory Customs Agent, as a leader in a conspiracy to shake down arriving to U.S. passengers in possession of contraband. Evidence at trial consisted of consensually recorded conversations and video surveillance implicating the defendant in the alleged ‘act’, testimony by all four of the other cooperating co-conspirators implicating the defendant as the leader of the conspiracy, testimony by the FBI agents, testimony of victims of extortion implicating the defendant and other physical evidence. After a highly contested federal trial, Mr. Dayan and co-counsel secured the result of a “Jury Deadlocked” on all counts. Defendant was thereafter offered the uncommon federal misdemeanor. (Federal Court Eastern District Of New York)

37. Federal Jury deadlocked on all counts after trial for defendant implicated in a federal sting operation, attempting to transfer large amounts of U.S. counterfeit currency to a government agent. Defendant’s conversation, arranging for the sale of the counterfeit currency, was intercepted on a wiretap. Evidence at trial also consisted of consensual wire recordings, video surveillance, testimony of cooperating witnesses, testimony of U.S. Secrete Service agents and other physical evidence. Mr. Dayan and co-counsel secured the result of a “Jury Deadlocked” on all counts. (Federal Court Eastern District of New York 99CR378 ARR)

38. Jury acquits father and son after trial on all counts in indictment, charging Bribery of hi-ranking police officers, notwithstanding evidence of audio recordings, incriminating notes in defendants’ own handwriting and testimony of veteran police officers. (New York State Supreme Court) (Client and media references available).

39. Jury acquits defendant after trial on Murder and all related counts, notwithstanding three written and video recorded confessions made by the defendant, explicitly admitting to the charges against him. And, when he was arrested few hours after the incident he was still in unlawful possession of the same gun used at the shooting.   Despite overwhelming incriminating evidence in this case, particularly the three separate “full” confessions made by the defendant, several eye witnesses for the prosecution, the recovery of the gun from the defendant and incontrovertible ballistics evidence connecting shell casings and bullets from the crime scene to the gun found on defendant at the time of his arrest, Mr. Dayan secured an extraordinary verdict of “Not Guilty” on all counts except for the unavoidable one count of unlawful possession of the weapon.    (New York State Supreme Court Indictment No. 0310002).   (Client and media references available).

40. Jury acquits defendant after trial on Murder and all related counts, notwithstanding three unarmed-victims and defendant’s illegal intrastate transportation of his gun from Pennsylvania to New York. Defendant, with alleged ties to organized crime, illegally transported interstate in to New York his Pennsylvania registered gun. In the course of a verbal business dispute in New York defendant shot at three unarmed victims. Two survived with serious bodily injuries and the third was pronounced deceased at the scene. Defended absconded prior to police arrival, but he was immediately identified as the shooter by surviving victims and known associates and was apprehended in Pennsylvania and extradited to New York. Identification was not at issue. Ballistic experts connected all the casings and bullets from the crime scene to be from a single weapon registered to the defendant in Pennsylvania. Mr. Dayan, however, effectively assembled and arranged the exculpatory physical evidence from the crime scene consisting of ballistics, shell casings, bullet projections and blood type and spatter to prove his client’s innocents. Despite overwhelming evidence to the contrary in this case, Mr. Dayan secured an extraordinary verdict of “Not Guilty” on all counts except for the unavoidable one count of possession of unregistered weapon in New York.   (New York State Supreme Court Indictment No. 0818805) (Client and media references available).

41. Jury acquits defendant after trial on two counts of Attempted Murder and all other related counts, notwithstanding testimony by two victims with gunshot wounds and four independent eyewitnesses’ testimony for the prosecution, with defendant not able to produce any witnesses in his defense and himself was unable to testify due to a prior conviction. Well-known defendant, from the record-music-industry, was charged with two counts of Attempted Murder and Criminal Possession of a Weapon with intent to use it and other very serious Assault charges. If convicted, defendant was facing 15 to life on each count. Evidence presented by prosecution at trial consisted of testimony by two victims with serious bodily injury consistent with use of a firearm and testimony by four additional independent civilian eye witnesses’ testimony, that defendant-who all the witnesses were acquainted to prior to the incident- approached the victims and after a brief discussion with victims brandished a gun and began shooting at them. Additional testimony at trial consisted of crime scene detectives, ballistic experts and medical experts. In addition to the overwhelming physical and testimonial evidence pointing to defendant’s guilt, the prosecution argued the theory of consciousness of guilt on the part of the defendant because he ran away from the scene before police arrived. Identification was not at issue.   Prosecution presented nine (9) witnesses. Defendant could produce no eyewitnesses in his defense and was him self-unable to testify due to a prior similar bad act subject to cross-examination. Despite overwhelming physical, testimonial, circumstantial and emotional evidence to the contrary in this case, Mr. Dayan secured the extraordinary verdict of “Not Guilty” all counts. (New York State Supreme Court)
(Client reference available).

42. Jury acquits defendant after trial on all counts of possession of a weapon with intent to use it and related very serious charges, notwithstanding eye-witness testimony and the recovery of the unregistered and unlawful gun from defendant at the time of his arrest by the NYPD. Evidence at trial consisted of Eyewitness dispatch 911 of a verbal and physical dispute in progress with the use of a firearm. NYPD detectives testified at trial, that upon their arrival on the scene they immediately observed the defendant, with alleged ties to the mob, rush into his car and attempt to flee at a high rate of speed. Defendant’s physical description and description of his vehicle were accurately described by the 911 caller. When defendant was instantly apprehended by the police and was directed to exit his vehicle, police observed in “plain view” the same loaded and unregistered gun protruding “half-way” from under his driver’s seat. The gun was admitted into evidence at trial and defendant was not able to testify in his own defense do to a prior conviction. After a highly contested trial, and despite all the evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Supreme Court)
(Client reference available).

43. Jury acquits defendant after trial, on all counts of possession of a Weapon, Assault 1st and 2nd Degree and related very serious charges, notwithstanding an immediate outcry by complainant with severe injuries and an accurate description of defendant by the complainant and independent eyewitnesses. Moreover, when defendant was arrested a short time after the alleged incident, tucked inside his jacket was the same unique weapon as was described by complainant and witnesses. Evidence at trial consisted of testimony of the victim, eyewitnesses, police officers, crime scene personnel and the recovered weapon. After a highly contested trial, and despite overwhelming evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts. (Client reference available).

44. Jury acquits wrongfully-accused defendant after trial, on all counts of Rape In the 1st Degree and related serious charges, notwithstanding a three-page “Full” confession written by the defendant, clearly admitting to all the allegations against him, and fact specific incriminating drawings prepared by the defendant at the request of the interrogating detective. At the time of his arrest, defendant executed a three page full confession in his own handwriting attesting in explicit detail to the truthfulness of the allegations against him. Moreover, at the request of the interrogating detective, defendant prepared detailed drawings depicting the exact location of the alleged rape known at that specific time only to the complaining victim, the police and the alleged perpetrator. After the alleged incident, the complaining victim made an immediate outcry and said that she was certain that it was the defendant whom she recognized as the man residing several private houses away from her residence. Rape kit was performed, with physical evidence supporting complainant’s allegations and verifying the identity of the defendant. Evidence at trial consisted of the emotional testimony by the purported victim, the three page full confession written in defendant’s handwriting along with the detailed drawings, scientific evidence, testimony by law enforcement personnel, medical field personnel and expert witnesses. In addition to the introduction of what was seemingly conclusive evidence of defendant’s guilt at trial, there was initially also present in the courtroom a high degree of prejudice against the defendant, who was a foreigner in a mid-size American town where the entire jury panel and the victim were from. Despite overwhelming evidence and prejudices against the defendant in this case, Mr. Dayan proved that the accused in this case was innocent and secured a “Not Guilty” verdict on all counts. (New York State Supreme Court) (Client reference available).

45. Jury acquits wrongfully accused defendant after trial, on all counts of attempted rape, assault and other related charges, notwithstanding defendant apprehended in the alleged ‘act’. Two associates from a Manhattan firm were left alone in the office suite after a Christmas party. After hearing screams emanating from the office suite, building janitor called 911. Police arrive on the scene, where the complainant made an immediate outcry. Police observed defendant with bloody nose, pants unbuttoned, unzipped and hanging to his knees. Evidence at trial consisted of complainant’s testimony, transcript of the 911 call, witnesses from the building and police officers. Despite seemingly overwhelming evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Criminal Court) (Client reference available).

46. Judge acquits defendant after Bench Trial on all counts of Sexual Assault and related charges, notwithstanding alleged attack in public and in view of dozens of witnesses. Co-ed student charged with Sexual Assault and related charges on another student. There was an immediate outcry made by the complainant. Evidence at trial consisted of a confession made by the accused, testimony by the complainant, dozens of eyewitnesses available to the prosecutor and other physical evidence. Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Juvenile Court)

47. Jury acquits defendant after trial on all counts of burglary, possession of stolen property, possession of burglar’s tools and related charges, notwithstanding defendants arrested in the alleged ‘act’ and in possession of burglars’ tools. Evidence at trial consisted of eyewitness 911 dispatch of burglary in progress, and testimony by police officers describing that when police arrived, defendants, two brothers, are the only ones found at the scene of the nighttime burglary, in an affluent suburban part of New York, in possession of burglars’ tools. Neither one of the defendants resided in close vicinity to the alleged burglary. Neither one of the defendants was able to testify in their own defense. Evidence at trial consisted of eyewitness testimony, burglar’s tools, police testimony and other physical evidence. Mr. Dayan and co-counsel secured a “Not Guilty” verdict on all counts. (New York State Supreme Court) (Client reference available).

48. Jury acquits defendant after trial, on all counts of Vehicular Assault on six police officers all of whom sustained serious bodily injuries, notwithstanding seemingly credible eyewitness testimony by all six alleged police officer-victims . All six experienced police officers from New York’s police precinct with serious injuries testified at trial that, during a police sting operation targeted at the same defendant, defendant in an attempt to resist arrest and flee from the crime scene, intentionally used his vehicle as a “weapon” to inflict serious bodily injury on the six police officers. Defendant was unable to testify in his own defense due to prior criminal record. Despite the overwhelming evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts, including the underlying count for which this defendant was targeted prior to the alleged assault. (New York State Criminal Court) (Client reference available).

49. Jury acquits defendant on all counts after trial: Defendant, an ex-member of the Russian Military Special Forces, accused of Larceny and Assault with serious bodily injury. On March 12th, 2013, a Manhattan jury acquitted defendant of all charges despite serious allegations of theft of thousands of dollars worth of jewels and severe fractures sustained by jewelry-store-owner. Evidence at trial consisted of dramatic testimony by a sixty year old female victim store owner with fractures, independent eye-witness for the prosecution, 911 police dispatch, testimony by two high-ranking police officers, medical hospital records -- indicating fractures to the arm, laceration and bleeding to the face and other injuries sustained by victim, and the extremely effective testimony for the prosecution by a medical expert who attempted to corroborate the particular nature of injuries in this case with the events as described by the victim and the eye-witness. Notwithstanding all of the seemingly incriminating evidence presented by the prosecution, Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Criminal Court) (Client reference available).

50. Judge acquits defendant on all counts of menacing with a gun after bench trial, notwithstanding testimony by victim and independent eyewitnesses. Evidence at trial consisted of testimony by purported victim, independent eyewitnesses, police testimony and other physical evidence. Mr. Dayan secured a “Not Guilty” verdict on all criminal counts. (New York State Criminal Court) (Client reference available).

51. Jury acquits defendant on all counts after trial: Defendant, master chess player, charged with assault and causing serious physical injury. In the course of a highly competitive publicized chess tournament in NYC, defendant, in presence of other competitors, alleged to have assaulted another tournament participant with chessboard causing serious physical injury. It was a fervently contested trial by highly intelligent complaining victim and other brainy eyewitnesses from the chess tournament. But Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Criminal Court) (Client reference available).

52. Jury acquits defendant after trial on all counts, notwithstanding defendant charged with assault and menacing on N.Y.C. employee, causing serious bodily injury, and inflammatory media coverage of the case. As was described in the New York Times, an affluent defendant “was arrested and charged with assaulting a N.Y.C. construction worker who was using a jackhammer outside his upper west side home at 10:00 am on a Saturday morning”. The case drew much publicity in New York tri-state area. And, Manhattan prosecutors, in this particular case, were more than ever determined to gain a conviction. Mr. Dayan took over the case from another attorney for trial purposes only and he secured a “Not Guilty” verdict on all counts. (New York State Criminal Court) (Client and media references available).

53. Judge acquits defendant after bench trial, notwithstanding inflammatory allegations of an adult defendant charged with assault and endangering the welfare of a child. Evidence at trial consisted of highly sympathetic testimony of teenage victim, independent eyewitnesses, police officers and other physical evidence. Mr. Dayan secured a “Not Guilty” verdict on all criminal counts. (New York State Criminal Court) (Client reference available).

54. Jury deadlocked after trial, on all counts of armed robbery and related serious counts, notwithstanding evidence of finger-prints placing defendant at the scene of the robbery, testimony for prosecution by a cooperating accomplice, line-up and in-court identification of defendant by the retail store owner/victim of the robbery and other incriminating evidence. Defendant, a predicate felon, charged with a gunpoint robbery of a high-end retail store in New York city, possession of a firearm in the second degree and related charges. Evidence at trial consisted of defendant’s prior violent convictions and prior bad acts; testimony of a cooperating coconspirator, implicating the defendant as leader and organizer of the otherwise well planned robbery; defendant’s finger prints were lifted from the get away vehicle and introduced at trial; store owner identified defendant first out of a line-up and thereafter again identified defendant in court at trial as the man with the gun and with “a face that [she] would never forget”; NYPD and crime scene personnel were present at the scene and testified for the prosecution. Despite overwhelming physical and testimonial incriminating evidence against the accused, Mr. Dayan secured the extraordinary result in this case of a “Jury Deadlocked” on all counts. (New York State Supreme Court Indictment No. 4441-01) (Client reference available).

55. Federal Indictment charging a Practicing Physician with Health Care Fraud, Enterprise Conspiracy of more than $279 Million, Mail Fraud and Money Laundering: Dismissed in its entirety. (31 other Defendants were convicted) Defendant, a licensed doctor, was one of the several other Doctors accused of taking kickbacks for procedures that were not medically necessary, allegations phony patients with referrals to MRIs’ and Radiology tests in a scheme that defrauded Insurers “on an unprecedented scale” said U.S. Attorney Preet Bharara. “The break-up of the 36 member-ring in February 2012, was the largest such bust in history, spurring the government to use the Racketeering Influenced and Corrupt Organization Act or RICO – an anti organized crime law allowing the prosecution of Racketeering activity.” After almost two ears of litigation, all charges were dismissed against my client. (Southern District of New York, Indictment No.12-CR-171 (JPO) Reference available.

56. Jury acquits defendant after trial on all counts of Indictment. Criminal Contempt in the First Degree Menacing in the Second Degree, Stalking, Aggravated Harassment. Defendant was indicted on allegations that he intentionally placed or attempted to place an alleged victim, with a valid Order of Protection for whose Protection such Order had been issued, in reasonable fear of physical injury, serious physical injury or death, by displaying a deadly weapon, dangerous instrument or what appeared to be a pistol, or by means of threats. Evidence consisted of testimony by victim and other eye witnesses and recorded conversations. Nine Count Indictment - Not Guilty on all counts. (New York States Supreme Court Indictment No. 1718/2012). Reference Available.

III. GRAND JURY PRESENTATIONS. The Grand Jury accounts listed here does not include all the Grand Jury proceedings where Mr. Dayan secured for his clients a vote of “No True Bill” and complete dismissals of all criminal charges.

57. Grand Jury exonerates defendant in a major U.S. federal Grand Jury investigation into the disappearance of a prominent U.S. national in international waters (Please See, CBS 48 HOURS Documentary, May 11th, 2013). The case and the media surrounding it prompted a Congressional hearing in Washington, D.C. The Grand Jury investigation consisted of eyewitness testimony, forensic experts, chemical lighting tests to detect blood, forensic measurements, finger print analysis, microscopic trace evidence of all items surrounding the disappearance. Mr. Dayan and his client effectively assisted with the investigation and in fact produced physical and testimonial evidence exculpating his client. Moreover, he succeeded in diffusing the mob-media by advocating for his client in several high-ranking U.S. newspapers, magazines, televised news conferences and depositions where he established his client’s innocents. ( U.S. Federal Grand Jury Southern District of Connecticut) (Client and media references available).

58. Grand Jury exonerates four defendants wrongfully arrested and accused of having ties to the Russian mob, Gang-Assault and related serious charges. Based on the seriousness of the allegations made against the four defendants, sworn to by the two civilian victims with evidence of serious bodily injuries, defendants were arrested, incarcerated and zealously prosecuted. Mr. Dayan’s own investigation of witnesses and other physical evidence and his scrupulous presentation of all his evidence to the Grand Jury resulted in dismissal of all criminal charges against all four defendants. (New York Sate Grand Jury Queens County) (Client reference available).

59. Grand Jury exonerates defendant wrongfully accused by his ex-lover of Criminal Contempt in the first degree, Rape, and felony assaults committed on different dates with bodily injury and other serious charges. Defendant was ensnared, entrapped and knotted in a web of several serious false allegations made against him by his former lover and her husband. Defendant was arrested seven times due to allegations of rape, assault and criminal contempt. He was remanded due to his repeated wrongful arrests. Mr. Dayan’s investigation and his thorough presentation of all the evidence and witnesses to the Grand Jury resulted in dismissal of all criminal charges and termination of all criminal cases against defendant. He was released with all charges dismissed and no orders of protection against him. (New York State Grand Jury Kings County) (Client reference available).

60. Grand Jury exonerates defendant, wrongfully accused by a law enforcement officer and prosecuted for felony assault on the officer. Police officer falsely accused and testified against defendant, a local N.Y. business merchant. Officer alleged that in the commission of her lawful duty, the merchant physically assaulted her. Based on the allegations in a felony complaint sworn to by the officer, defendant was arrested, incarcerated and was zealously prosecuted. Mr. Dayan’s effective presentation of evidence to the Grand Jury, resulted in “NO TRUE BILL” and all the criminal charges dismissed. Thereafter, Mr. Dayan’s client received monetary compensation from N.Y.C. and N.Y.P.D for wrongful arrest and prosecution. (New York Sate Grand Jury Kings County) (Client reference available).

IV. OTHER EXTRAORDINARY DISPOSITIONS.

61. A Federal Misdemeanor for defendant charged in an international multi-million dollar bank fraud scheme originating in Europe and prosecuted in United States federal district court. An International conspiracy spanning from Europe to the United States, involving Aggravated Identity Theft and theft of banking information of United States citizens travelling abroad. Mr. Dayan negotiated and secured for his client the extraordinary result of a federal misdemeanor and two years probation. Although federal misdemeanors are extremely uncommon, this was not the only federal case where Mr. Dayan secured a federal misdemeanor prior to trial. (Federal Court for the Southern District of New York, Case No. 10-CR-485-01) (Client and media references available).

62. Federal Probation For Lead-Defendant Charged In Over a 100-Million Dollar Money Laundering Conspiracy and other serious related federal charges. Defendant was central in the indictment and his arrest along with fifteen co-defendants was vastly publicized in media outlets nation-wide. Notwithstanding, defendant’s designation as a “lead defendant” and “owner of four durable medical equipment companies”, and alleged to have been personally responsible for millions of dollars in health care fraud and tax-evasion and the U.S. Sentencing Guideline probation department’s recommendation of 97 months to 120 months of incarceration, Mr. Dayan secured for his client a sentence of federal probation with no incarceration. In this case, even testifying cooperators received incarceratory sentences. (Federal Court for the Eastern District of New York, Case Nos. 10-CR-459-11 and 10-CR-459-01 E.D.N.Y.) (Client and media references available).

63. Federal probation for central-defendant charged by Manhattan U.S. attorney with a scheme to cheat insurance companies and Medicare out of $163 million, “The largest fraud by one criminal enterprise in the program’s history” (Please See, MSN NEWS). Defendant, alleged owner and manager of several medical clinics, implicated as a central participant in a multi-million-dollar conspiracy to defraud insurance companies in the New York area by submitting millions of dollars in claims for medically unnecessary treatments. (Federal Court for the Southern District of New York, Indictment Nos. 10CR918-16(RP), 10-CR-895 (PGG) (Client and media references available).

64. Federal conditional discharge, (no Jail and no probation), for central-defendant charged in over a two hundred-million-dollar money laundering and international counterfeit textile fraud conspiracy. It was a global conspiracy stretching from China to the United States involving the exportation and importation by ship-containers of counterfeit textile goods valued in hundreds of millions of dollars and Money Laundering prosecuted in U.S. Federal Court. Defendant was alleged to have been “second from the top” in the conspiracy. Evidence against defendant consisted of audio recordings, video recordings, co-operating witnesses, undercover agents and thousands of documents. In this case Mr. Dayan secured the extraordinary result of a federal conditional discharge. (Federal Court for the Eastern District of New York, Indictment No.07-663 (ERK)(BMC) (Client and media references available).

65. Federal Probation for defendant indicted on counts of fraud in connection to Cyber-Crimes an Theft. Pursuant to an arrest by the FBI, defendant was zealously prosecuted. After extensive litigation and sentencing motions and hearings, Mr. Dayan secured for his client a straight probationary sentence. (Federal Court for the Eastern District of New York, (Client reference available).

66. Federal probation for defendant indicted on counts bank fraud and related charges. According to the indictment, defendant was involved in a conspiracy with other bank branch managers to obtain bank loans by providing false financial information. Subsequent to extensive litigation, negotiations and sentencing arguments, Mr. Dayan secured for his client a straight probationary sentence. (Southern District of New York, Indictment No. 11 CR 251-01 (RMB) (Client reference available).

67. Federal Probation for defendant implicated in a federal indictment charging an international distribution of counterfeit U.S. currency. After United Sates Secrete service agents uncovered a wide-ranging international U.S. currency counterfeit conspiracy spanning the Middle East and the United States, defendant was indicted and zealously prosecuted by U.S. Attorney’s Office. After extensive litigation and sentencing motions and hearings, Mr. Dayan secured for his client a probationary sentence. E.D.N.Y. (Client reference available).

68. Indictment dismissed for the primary physician, lead defendant, in a multi-million-dollar fraud scheme. The defendant physician was charged in a 140-count indictment charging Enterprise-Corruption, Money Laundering, Insurance Fraud and other related serious charges. Mr. Dayan secured for the physician, in this case the lead defendant, the dismissal of all 140- counts in the indictment in consideration of a single minor misdemeanor plea with no fine and zero dollar restitution. (New York State Supreme Court) (Client and media references available).

69. Indictment dismissed, for dentist charged with multi counts of Medicare and Medicaid Fraud, Grand Larceny and related serious charges, in consideration of a single and minor misdemeanor plea. Dentist maintained his license with no suspensions. (New York State Supreme Court) (Client reference available).

70. A 202-count indictment charging lead-defendant with Enterprise Corruption, Money Laundering, Gasoline Fraud, Grand Larceny, Tax Evasion and other serious charges dismissed in consideration of a single-minor misdemeanor plea and a conditional discharge (Please See, New York Times, July 12th, 2006). The “leader” defendant, Mr. Dayan’s client, was indicted on all of the 202-count Enterprise Corruption indictment charging him with masterminding and managing the distribution of thousands of gallons of low-grade gasoline as premium grade. It was charged that the enterprise purportedly used violence to implement its control over the industry. Prosecutor had referred to the criminal enterprise in the name of this defendant. After extensive litigation, Mr. Dayan secured for his client the extraordinary result in dismissing the entire 202-count indictment in consideration of a single minor misdemeanor plea with conditional discharge with no fine and no restitution. New York State Supreme Court) (Client reference available).

71. Indictment dismissed, charging lead defendant, major stock holder and CEO of a multi-million dollar corporation, on 55 counts of Falsifying Business Records in the 1st degree arising from filing false annual corporate tax returns, in consideration of a plea to a single-minor misdemeanor and a conditional discharge. The principle evidence upon which the defendant was indicted were the business and computer records of the corporation and the defendant’s personal and extremely incriminating personal notes retrieved from his desk, all of which were seized pursuant to a search warrant executed at corporate headquarters. Nevertheless, after Mr. Dayan was able to secure dismissal of many of the major counts on motion and hearings, he was able to negotiate the extraordinary result of a misdemeanor with conditional discharge to cover all the remaining counts of the indictment. (New York State Supreme Court Indictment No. 2352-2009) (Client reference available).

72. Indictment charging Enterprise Corruption and Money Laundering in connection to a 12.5 million dollar illegal gambling operation dismissed in consideration of a single-minor misdemeanor plea and a conditional discharge. Indictment charging seventeen others in a 12.5 million dollar joint Genovese and Bonano organized crime family gambling enterprise using offshore gambling websites. (New York State Supreme Court) (Client and media references available).

73. Indictment charging Enterprise Corruption in connection to multi-million dollar No-Fault Insurance Scheme, dismissed in consideration of a single-minor misdemeanor plea and a conditional discharge. (New York State Supreme Court) (Client and media references available).

74. Probation for the lead-defendant in a highly publicized multi-million-dollar money laundering and fraud scheme “prosecuted as organized crime”: In New York City, 11 people and seven companies were indicted in connection with a scheme that prosecutors said defrauded insurance carriers out of millions of dollars. Doctors, lawyers and others were accused of soliciting accident victims to be treated at medical clinics run and controlled by Mr. Dayan’s client, the lead defendant, was charged as the leader and organizer of the entire operation. After a very complex litigation process, Mr. Dayan secured for his client a probationary sentence. (New York Sate Supreme Court, Queens County. Indictment No. 1914-03) (Client and media references available).

75. Board certified surgeon indicted on $26.000.000.00 federal fraud charges “of most egregious health care fraud”, stands to be sentenced minimum 360 months to life in prison. (U.S. Congressional Hearings). Washington based prosecutors from the United States Justice Department forcefully argued for a minimum of 360 months to life of incarceration. After a highly contested sentencing litigation process, including hundreds of pages of sentencing memorandums and hearings, Mr. Dayan secured a thirty-month sentence (approximately 20 months of actual time) for his client, instead of the minimum of thirty years and maximum to life argued for aggressively by the government. (Federal Court Eastern District of New York) (Client and media references available).

76. Proprietor of “sizable” multi-million-dollar ambulate corporation, targeted by the FBI and Attorney General’s Office for millions of dollars in alleged fraudulent billings, avoids federal and state indictments. According to the New York Times, New York State spent over $300 million a year on the ambulate fraud conspiracy. The FBI, Attorney General’s Office, Department of Health and DOT initiated a Criminal Grand Jury Investigation against the owner of one of the largest ambulate companies in New York, established since 1985. The owner of the company was accused of Grand Larceny, participating in an elaborate set of kickback arrangements, billing for rides that were never delivered, and other questionable activity. Mr. Dayan’s independent investigation, presentation of evidence, timely and effective negotiations resulted in avoiding the impending federal and state indictments. Mr. Dayan enabled the company to continue operating and secured hundreds of jobs and families that depended on their weekly paychecks. (Grand Jury No. 21-07-01172 ) (Client and media references available).

77. After arrest and prosecution, defendant, proprietor of a multi-million-dollar precious stones distribution company, cleared on all criminal charges alleging embezzlement of diamonds worth millions of dollars from Holland based diamond processing and wholesale distribution company. State and Federal criminal prosecution and civil litigation process accused the defendant with embezzlement of millions of dollars in lose diamonds from a renowned Holland wholesale diamond company. Mr. Dayan secured a complete dismissal of all criminal charges against his client. (Federal Case No. 04 CV2 636 (Casey U.S.D.J.) (Client reference available).

78. Probation for lead defendant in a highly publicized New York County Special Narcotics indictment charging Class “A1” felony conspiracy to operate a vast ecstasy trafficking organization in New York City. (Please See, N.Y. Daily News May 19, 2009 and July 29, 2013 ). In a highly publicized arrest of defendant, the indictment alleged that, “it was part of the conspiracy for defendant …to receive and distribute Ecstasy…It was part of the conspiracy for defendant to supply Ecstasy to others for distribution to his network of drug dealers and drug customers”. Prosecution alleged 15 overt acts by defendant. Evidence against defendant consisted of a search warrants, intercepted telephone conversations, direct involvement with undercover detectives and co-operating witnesses. Despite extensive media coverage, Mr. Dayan secured for his client the extraordinary disposition of no incarceration and defendant received straight probation. (New York State Supreme Court Indictment No. 2475/2009) (Client and media references available).

79. Lead defendant indicted by New York County Special Narcotics Prosecutor for international distribution of two kilos of cocaine and a possession of a loaded firearm, receives an unprecedented four months instead of twenty-five years. While under surveillance by undercover agents, defendant received a shipment of two kilos of cocaine from co-operating informant arriving at JFK from Puerto Rico. Upon execution of the search warrant in defendant’s home, NYPD detectives recovered the same two kilos of cocaine along with a loaded firearm. To prevent the arrest of his wife, who was present in the apartment at the time of the search, defendant immediately admitted to knowledge, possession and control of the drugs and the firearm. (New York State Supreme Court, Indictment No. 06034N/2010) (Client reference available).

80. Central defendant cleared of all charges in a New York County Special Narcotics felony complaint charging him with “Class A1” felony drug conspiracy in New York Metropolitan Area. Defendant was charged with being the mastermind and acting as the principle in a drug trafficking organization. The evidence against defendant consisted of undercover NYPD informants, audio recordings and NYPD surveillance. Mr. Dayan secured an extraordinary result in dismissing all charges against this defendant prior to indictment. (New York Sate Criminal Court) (Client reference available).

81. No criminal conviction for defendant charged with Vehicular Manslaughter as result of high speed and reckless driving and leaving the scene of the accident. Defendant’s vehicle fatally struck the victim, a pedestrian crossing the street, at a high rate of speed and did not stop and fled the scene. Immediately after the apprehension of defendant by police, defendant admitted that he was the driver of said vehicle involved in the fatal accident and was not able to produce a valid driver’s license. After extensive litigation by Mr. Dayan, secured an extraordinary result for his client of a none criminal disposition. (New York State Supreme Court) (Client reference available).

82. Probation for defendant indicted on multiple charges of Criminally Negligent Homicide, Felony Murder, Arson And Reckless Endangerment. Defendant was indicted for igniting an intentional fire to an apartment building that resulted in a fatality to an innocent tenant. (New York State Supreme Court, Indictment No. 1237-08) (Client and media references available).

83. Probation for two brothers indicted on Arson charges and Insurance Fraud. Two brothers were indicted on charges of intentionally burning down their New York Freeport Warhorse containing vast inventory of wholesale supplies, in an effort to collect insurance money. Helicopters were utilized to assist the fire department in their struggle with the blaze that had consumed almost the entire block adjacent to a residential neighborhood. After extensive and complex litigation process involving expert’s reports, testimony by Fire Marshals, NYPD Detectives and Investigators from Insurance Company, Mr. Dayan secured for his client a straight probationary sentence with no incarceration. (New York State Supreme, Indictment No. 2394N99) (Client and media references available).

84. Defendant, with alleged mob ties, indicted simultaneously on six widely publicized indictments and on forty counts charging him as a “leader” and “organizer” in a multi-million dollar insurance fraud ring. Thirty men and women were indicted for operating an insurance fraud ring that involved stolen vehicles worth millions of dollars. Lead defendant, Mr. Dayan’s client, who was linked to organized crime by Police Commissioner Kelly, was charged as organizer and leader in the insurance fraud scheme. “He’s a career criminal with ties to the Gambino crime family,” said Kelly. Defendant was a three time predicate felon and was now indicted on six different indictments and forty counts. If convicted, the prospect of 25 to life incarceration on each indictment was imminent. Prosecution relied on testimony of cooperating witnesses, wiretaps, video surveillance and other physical evidence. After a very complex litigation process, considering that defendant was twice predicate convicted felon, Mr. Dayan secured an extraordinary disposition for his client of 40 months to cover all six multi-count indictments. (New York State Supreme Court) (Client and media references available).

85. Lead defendant, indicted on counts of operating a “High-End Brooklyn Escort Services”, indicted on 144-counts charging Enterprise Corruption, Distribution of Controlled Substances, Promotion of Prostitution and related serious charges. As was reported in the New York Post, July 21, 2001, “a high-end Brooklyn escort services that raked in $7 million over three years by dealing sex and drugs to clients who forked over as much as $10,000 per night has been broken up, authorities revealed today in announcing the arrests of 17 people. Named at the top of the 144-count indictment, the lead defendant is represented by Mr. Dayan. Charges include enterprise corruption, promoting prostitution, money laundering and criminal sale of controlled substance. Lead defendant owner, with a predicate federal felony conviction, if convicted is facing up to 25 years in prison. Litigation is currently progress. (Client and media references available).

86. Defendant, alleged owner of strip-clubs, indicted in federal court on charges of “mob-run scheme that stoked local strip clubs” to recruit women from overseas in violation of U.S. laws. (Please See, US News. NBC News Nov 30, 2011). United States Attorney for the Southern District of New York in conjunction with “ICE”, “HIS” and “DSS” filed indicted charges against 20 individuals for their participation in a scheme that involved recruiting women from overseas to illegally enter the U.S. to work as exotic dancers at adult entertainment strip clubs controlled by the Gambino and Bonnano Organized Crime Families of La Cosa Nostra. Club-owner, Mr. Dayan’s client, was indicted on counts of conspiracy to transport, harbor and induce entry of illegal aliens. Litigation is currently in progress. (Client and media references available).

87. “Manhattan U.S. attorney announces bribery charges against New York State assemblyman Eric Stevenson in connection with alleged bribery scheme ” (Please See, New York Times, April 4, 2013). Mr. Dayan is currently engaged as defense attorney in connection to Federal Indictment charging his client with participation in an alleged Bribery Scheme and Improper Campaign Contributions. Indictment No. 13CR. 161 (WHP)

88. Multi-continent, 150-milliond-dollar United States sting operation that resulted in the arrest, extradition from Thailand, trial and the unjust conviction against Russian national Viktor A. Bout (Please See New York Times, December 22, 2011). Currently Mr. Dayan is engaged in a highly contested litigation process leading to the United States Court of Appeals and, if necessary, to the United States Supreme Court. Issues currently litigated in the Court of appeals are unprecedented in United States legal history. Did the “outrageous”, “vindictive” pursuit of Viktor Bout deny him due process: was the extradition of Viktor Bout from Thailand the product of unlawful intense, coercive political pressure exerted by the United States on Thailand Government: Did the prosecution of Viktor Bout violate the doctrine of “specialty”: Was Viktor Bout convicted of a crime that does not exist, specifically conspiracy to commit reckless murder, and other significant legal points. Case No. 08-CR-365 S.D.N.Y. (Client and media references available).

V. APPEALS.

89. In 2013, Mr. Dayan reversed a major felony drug conviction from 2001. Defendant was convicted and incarcerated in 2001 for criminal sale of a controlled substance and related serious felony charges, as a result of sale of a substantial amount of controlled substance to an undercover agent. After extensive State Supreme and Appellate Court litigation, Mr. Dayan secured a reversal of the conviction and all criminal charges against defendant were dismissed and sealed. Indictment No. 2121-2000 Appellate Division Docket No. 2012-09583(Client reference available).

90. In 2011, Mr. Dayan reversed a larceny conviction from 1992. Defendant was convicted and imprisoned in 1993 for the offense of Larceny. Mr. Dayan secured a reversal of the conviction and all criminal charges against defendant were dismissed and sealed. Docket No. 18122-92 (Client reference available).