Notable Cases

USA

V. XXXXX

Medicare Fraud

After a multi year investigation in to Medicare/healthcare fraud, by the U.S. Attorney’s office, Nishay K. Sanan was able to successfully defuse and navigate the investigation into no criminal charges against his client, who operated a large scale visiting doctors entity.

USA

V. XXXXX

After being charged with immigration fraud that mandated deportation upon conviction, Nishay K. Sanan was able to negotiate reduced charges to obstruction of justice with no mandatory deportation.

USA

V. XXXXX

Facing jail time for violations of the Medicare/Medicaid anti-kickback Statute, Attorney Sanan was successfully able to argue for probation.

USA

V. XXXXX

Nishay K. Sanan was successfully able to keep a partner, in a home health care agency from indictment even though his Client’s partner was indicted. The matter involved alleged kickbacks and billing for unnecessary medical services.

USA

V. XXXXX

U.S. Attorney’s office declined prosecution of our client, however, indicted, his business partner for tax violations. Attorney Sanan was able to provide ample evidence that his client was unaware of the activities of his business partner.

SEC

V. XXXXX

After early intervention, by Attorney Sanan, the SEC declined an enforcement action against a mid-sized accounting firm for securities laws violations.

USA

V. XXXXX

Nishay K. Sanan was able to negotiate A pre-trial diversion a week before trial for the CEO of a company that was granted funding from various municipalities but then accused of misappropriating those funds.

USA

V. PEREIRA

Large drug conspiracy

The trial court dismissed the case after the close of the Government’s evidence finding that no reasonable trier of fact could find Pereira guilty of the charged conspiracy. Attorney Sanan, successfully, argued that at best the Government had shown a buyer-seller agreement. All other co-defendants either plead guilty or were found guilty at trial.

USA

V. FORD

Wire/Mail Fraud

3 Defendants were charged with numerous counts of mail and wire fraud based upon a scheme to defraud homeowners and mortgage lenders. At trial Mr. Sanan’s client was acquitted of several counts. While the other 2 defendants received 22 and 15 years, Ms. Ford was sentenced to 4 years based upon a loss amount of 6 million dollars attributable to all defendants. Mr. Sanan also successfully argued against the application of an obstruction of justice enhancement based upon his client’s testimony at trial.

USA

V. ESCHAVIA

Medicaid/ Medicare Fraud

Charges dismissed prior to indictment. This case involved alleged commissions paid for referrals of new patients to home health care program.

USA

V. RN Distribution

Tax Fraud/ Structuring

After Governments investigation into structuring of bank transactions, and Mr. Sanan’s early intervention on behalf of his client, Government did not indict.

USA

V. XXXX

Medicaid/ Medicare Investigation

Client, concerned about an audit, contacted Mr. Sanan, who was able to intervene at an early stage and obtained a favorable result for his client.

USA

V. AGEE

Large scale drug conspiracy

Sentence reduced by 90 months

STATE

V. XXXX

Aggravated Sexual Assault

Dropped to probationable crime and no sex offender registration

STATE

V. REOLA

Firearms, drugs & Armed Violence

All major charges dropped– Cook Boot Camp

USA

V. BANDARI

Immigration Fraud

Facing five years, sentenced to 6 months

USA

V. BRADLY

Drugs & Guns

Original attorney plead client to use of a firearm in furtherance of drug trafficking and did not inform client he was a career offender facing over 20 years in prison. Nishay K. Sanan, Esq. tried to have plea withdrawn in district court arguing that the facts as stated in plea do not rise to the crime charged. After the district court denied the motion, it sentenced Bradley to 262 month. On appeal, the 7th Circuit Court of appeals reversed and remanded allowing the withdrawal of the plea. Bradley eventually received 84 months.

NYSE

V. XXXXX

Investigation into possible violations of NYSE rules or other applicable regulations and laws in connections with the sale of variable annuities

Matter resolved without sanctions, fines or censure

USA

V. COLEMAN

Book Making

Received probation

USA

V. EDWARDS

Crack Cocaine

In the district court, Nishay K. Sanan, argued that the narcotics were not crack but rather cocaine base and therefore the 10 year mandatory minimum did not apply. After a hearing with a battle of experts, the district court found that the substance was not crack but rather cocaine base, but still sentenced Edwards to the 10 year mandatory minimum stating that this was a matter of first impression in the 7th Circuit. On appeal, the 7th circuit reversed the district court stating the “all crack in cocaine base but not all cocaine base is crack” therefore the 10 year mandatory minimum was not applicable. On remand, Edwards was sentenced to time served (approximately 15 month).

STATE

V. KEYS

Nigerian Check Scam

Charges dismissed on day of trial.

STATE

V. MOORE

Assault

Motion to dismiss charges granted.

IL SEC

V. XXXXX

Alleged improper sales of “Life Contracts”

Consent decree without admissions of any violations.

STATE

V. XXXX

Disorderly conduct conviction

Reverse and dismissed by IL Appellate Court based upon insufficient evidence

USA

V. SHELBY

Crack Cocaine

Facing a mandatory minimum of 10 years, after trial, Shelby was found guilty of cocaine base not crack, therefore sentenced under the cocaine guidelines without a mandatory minimum.

USA

V. SHUBI

Federal Arson (5 yr mandatory minimum

Over Nishay K. Sanan’s numerous objections and request for mistrials, trial court sent hung jury back to deliberate several time (even after they stated that it would be unfair to both the defendant and jury to continue to deliberate) eventually convicting Shubi. However, upon filing post trial motions, Nishay K. Sanan was successful in having conviction overturned then negotiating dismissal of Arson charge for mail fraud and time served.

USA

V. VERTHEIN

Ecstasy Pills

Cased dismissed on the eve of trial after Nishay K. Sanan discovered the Government’s failure to tender certain discovery in its possession.

USA

V. GUERRA

Large drug conspiracy

The trial court dismissed the case after the close of the Government’s evidence finding that no reasonable trier of fact could find Guerra guilty of the charged conduct. All other co-defendants either plead guilty or were found guilty at trial.

USA

V. GARCIA

Large drug conspiracy

Charges dismissed at preliminary hearing.

USA

V. WALSH

Theft of IRS checks from mail

Facing jail time under the sentencing guidelines, Nishay K. Sanan successfully argued for probation.

USA

V. WHITE

Solicitation for murder

Head of the Neo-Nazi party in the U.S., White posted, that name and address of the jury foreman in White Supremacist Mathew Hale’s trial, on his web- site. Arguing the First Amendment and protected free speech, the district court dismissed the charge, prior to trial.

USA

V. PANSIER

Tax fraud

Offered a 5 to 7 year plea deal before trial, Nishay K. Sanan was successful at trial of knocking out the most serious tax fraud charges that would have resulted in a sever sentence. Pansier was sentenced to 2 years.

USA

V. TURNER

Threat to assault or murder federal judges

“Shock Jock” Hal Turner was charged with threatened to assault and murder three United States judges with intent to retaliate against such judges on account of the performance of their official duties. Nishay K. Sanan and co-counsel were able to shut down the government’s case and have a large amount of the Government’s evidence excluded from the trial. The jury came back hung with a 9 to 3 vote to acquit Mr. Turner.

USA

V. TURNER (Retrial)

Threat to assault or murder federal judges

“Shock Jock” Hal Turner was retried in March 2010. This time, in an unprecedented move, the Government called all three 7th Circuit Judges, who were allegedly “threatened” by the editorial published by Turner, to the stand. Attorney Nishay K. Sanan, even after the three judges stated they felt threatened, was able to convince jurors that the judges testimony was irrelevant. After several days of deliberations, the Jury could not come to a unanimous decision and a mistrial was declared.

STATE

V. JOHNSON

Drug possession

Case dismissed after suppression hearing.

STATE

V. XXXX

Aggravated domestic violence

Accused of firing a shotgun at his gay lover, client was found not guilty at trial.

USA

V. $65,740

Forfeiture action

Government conceded and returned $65,740.00 that were seized from a safe deposit box in a drug conspiracy investigation.

USA

V. IHMUD

Counterfeiting

Charges dismissed prior to indictment of co-defendants.

USA

V. LUNA

Embezzlement

Received probation on serious claims of Embezzlement from a bank.

USA

V. HERERRA

Large drug conspiracy

Charges dismissed prior to indictment of co-defendants.

USA

V. KIM

Structuring

After early intervention, Client was not charged with more serious tax crimes and received probation on structuring in excess of $100,000.

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