Judicial Clerk, U.S. District Judge Harry Lee Hudspeth (W.D. Tex.)
and U.S. Fifth Circuit Judge Jerre Williams
Recent Cases:
Though David grew up trying complex criminal cases, he increasingly is called on in high-stakes civil cases as well.
In 2009, David successfully defended one of the largest will contests in Texas history before a jury in Harris County probate court, and won a federal jury trial for an oil company facing a $500 million damage claim.
He has handled hundreds of investigations, trials, and appeals for individuals and businesses, foreign and domestic, public and private. His current cases concern allegations of securities fraud, trade sanctions, foreign bribery, commodities manipulation, environmental violations, immigration, tax fraud, price fixing, and insurance/wire fraud.
The biggest victory can be quietly stopping or resolving a case. When that was not possible, David recently:
Won acquittal in the “Marine Hose Price Fixing Cartel” jury trial in West Palm Beach, Florida.
Won dismissal of all charges before trial for a propane trader accused of commodities “manipulation.”
Won dismissal of all charges in the “Spring Shadows Glen” psychiatry fraud trial after six months of jury trial.
Reversed the “Ahmad” Clean Water Act conviction, establishing that pollution is not a strict liability crime.
Challenged (and the government dismissed) an indictment alleging that “attempted price fixing” was “wire fraud.”
Persuaded the government to dismiss a mortgage fraud indictment before trial.
On appeal, reversed the 24 year prison sentence of Dynegy’s Jamie Olis and, at new sentencing hearing, won 18-year reduction.
Represented the CFO of Enron throughout civil, criminal, SEC, Congressional, and media crises after the company's collapse.
Articles/Speeches:
David is a frequent speaker at seminars around the country. Recent speeches include: Ethical Issues in SEC Representation, Houston Bar Ass’n (2010); Trial of a Probate Case, Houston (2010); Immigration Crime, State Bar of Texas (2010), Emerging Issues in White Collar Criminal Law, Louisiana State Bar Ass’n, New Orleans (2009); Criminal Issues in Civil Cases, State Bar of Texas Advanced Civil Trial Course, San Antonio (2009); Use and Abuse of Experts in “Loss” Calculations, Nat’l Ass’n of Criminal Defense Lawyers (San Francisco B 2007) (with Joseph Grundfest);“Loss” in Securities Cases, Houston Bar Ass’n (2007); Criminal Issues for the Civil Practitioner, State Bar of Texas Advanced Civil Trial Course (2006); Securities Fraud, ABA National Institute, Washington, D.C. (2006); Inside U.S. v. Skilling & Lay, Georgetown Univ. Law Center/Nat’l Ass’n of Criminal Defense Lawyers, Washington, D.C. (2006); Crimes You Never Heard Of: The Criminalizing of Business Practices, North American Power Credit Organization (2006); New Trends in Criminal Law, University of Texas 28th Corp. Counsel Inst., (2006); Criminal Law Issues in Civil Cases, South Texas College of Law Advanced Seminar (2006); Trial Tactics, National Ass’n of Criminal Defense Lawyers Advanced Course, Aspen, Colo. (Jan. 2006); How Do You Say No? Responding to a Search, Arrest, or Other Close Encounter with the Police, 43 Houston Lawyer 3 at 23 (2005); Pleas & Sentences after Booker, Georgetown Univ. Law Center/National Ass’n of Criminal Defense Lawyers Seminar (2005); Areas of Criminal Liability in the Energy Industry, A.B.A. Energy Litigation Conference (2004); Lessons to Be Learned and Trends in Corporate Criminal Prosecution, KPMG Insights Seminar (2004); Controversy Over the Sentencing Mis-Guidelines, 20 Texas Lawyer No. 28 at 41 (2004); Federal Criminal Law, Texas Criminal Defense Lawyers’ Ass’n Conference (2004); How New Laws on Obstruction of Justice are Affecting Business, Houston Business Journal (2004); Obstruction of Justice, Texas General Counsel Forum (2004).