Notable Cases

Nishay K. Sanan represented antivirus software pioneer John McAfee, who faced two major federal indictments: a tax evasion case brought by the U.S. Department of Justice in the Eastern District of Tennessee, and a cryptocurrency fraud and money laundering case unsealed by the U.S. Attorney's Office for the Southern District of New York.

The tax charges, returned in October 2020, alleged that McAfee evaded more than $4 million in taxes between 2014 and 2018 by routing income through nominees' bank and cryptocurrency accounts and concealing assets, including a yacht and real estate. The March 2021 securities case alleged that McAfee and a cryptocurrency-team adviser orchestrated “pump-and-dump” schemes—leveraging McAfee's large social-media following to promote initial coin offerings and altcoins while secretly selling their own holdings. The SEC and CFTC filed parallel civil enforcement actions.

Before the matters could proceed to trial, McAfee was found dead in a Spanish prison cell in June 2021, hours after a Spanish court authorized his extradition to the United States.

Foley was charged with nine counts of wire fraud arising from allegations connected to SEC Rule 134, which concerns restricted shares and their sale. After trial, Mr. Sanan's client was found not guilty on seven of the nine counts.

After a multi-year investigation into Medicare and healthcare fraud by the U.S. Attorney's Office, Nishay K. Sanan successfully navigated the investigation to a close with no criminal charges filed against his client, who operated a large-scale visiting-doctors entity.

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

Facing jail time for violations of the Medicare and Medicaid Anti-Kickback Statute, Attorney Sanan successfully argued for probation.

Nishay K. Sanan kept his client, a partner in a home health care agency, from being indicted even though the client's partner was indicted. The matter involved alleged kickbacks and billing for unnecessary medical services.

The U.S. Attorney's Office declined to prosecute our client but indicted his business partner for tax violations. Attorney Sanan provided ample evidence that his client was unaware of the activities of his business partner.

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

Nishay K. Sanan negotiated a pre-trial diversion one week before trial for the CEO of a company that had been granted funding from various municipalities and was then accused of misappropriating those funds.

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 pleaded guilty or were found guilty at trial.

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

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

Following the Government's investigation into the structuring of bank transactions and Mr. Sanan's early intervention on behalf of his client, the Government did not indict.

Concerned about an audit, the client contacted Mr. Sanan, who intervened at an early stage and obtained a favorable result.

Sentence reduced by 90 months.

Reduced to a probationable offense with no sex-offender registration.

All major charges dropped; client received Cook County Boot Camp.

Facing five years, the client was sentenced to 6 months.

The original attorney pleaded the client to use of a firearm in furtherance of drug trafficking and did not advise the client that he was a career offender facing over 20 years in prison. Nishay K. Sanan moved to withdraw the plea in district court, arguing that the facts as stated in the plea did not rise to the crime charged. After the district court denied the motion and sentenced Bradley to 262 months, the Seventh Circuit Court of Appeals reversed and remanded, allowing withdrawal of the plea. Bradley eventually received 84 months.

Investigation into possible violations of NYSE rules and other applicable regulations and laws in connection with the sale of variable annuities. The matter was resolved without sanctions, fines, or censure.

Received probation.

In the district court, Nishay K. Sanan argued that the narcotics were not crack but rather cocaine base, and that the 10-year mandatory minimum therefore did not apply. After a hearing featuring a battle of experts, the district court found that the substance was cocaine base rather than crack, yet still sentenced Edwards to the 10-year mandatory minimum, calling it a matter of first impression in the Seventh Circuit. On appeal, the Seventh Circuit reversed, holding that “all crack is cocaine base, but not all cocaine base is crack,” so the mandatory minimum did not apply. On remand, Edwards was sentenced to time served (approximately 15 months).

Charges dismissed on the day of trial.

Motion to dismiss charges granted.

Resolved by consent decree without any admission of violation.

Conviction reversed and dismissed by the Illinois Appellate Court based on insufficient evidence.

Facing a mandatory minimum of 10 years, Shelby was found guilty at trial of possessing cocaine base rather than crack and was therefore sentenced under the cocaine guidelines with no mandatory minimum.

Over Nishay K. Sanan's numerous objections and requests for mistrials, the trial court repeatedly sent a hung jury back to deliberate—even after jurors stated that continued deliberation would be unfair to both the defendant and the jury—eventually convicting Shubi. On post-trial motions, however, Mr. Sanan succeeded in having the conviction overturned, then negotiated dismissal of the arson charge in favor of a mail-fraud plea and time served.

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

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 pleaded guilty or were found guilty at trial.

Charges dismissed at the preliminary hearing.

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

The head of the Neo-Nazi party in the United States, White, posted the name and address of the jury foreman from white supremacist Matthew Hale's trial on his website. Arguing the First Amendment and protected free speech, the defense persuaded the district court to dismiss the charge prior to trial.

Offered a 5-to-7-year plea deal before trial, Nishay K. Sanan succeeded at trial in defeating the most serious tax-fraud charges, which would have resulted in a severe sentence. Pansier was sentenced to 2 years.

“Shock jock” Hal Turner was charged with threatening to assault and murder three United States judges with intent to retaliate against them for the performance of their official duties. Nishay K. Sanan and co-counsel shut down the Government's case and had a large amount of its evidence excluded from trial. The jury came back hung, voting 9 to 3 to acquit Mr. Turner.

Hal Turner was retried in March 2010. In an unprecedented move, the Government called all three Seventh Circuit judges allegedly “threatened” by Turner's editorial to the stand. Even after the three judges testified that they felt threatened, Attorney Sanan convinced jurors that their testimony was irrelevant. After several days of deliberations, the jury could not reach a unanimous verdict, and a mistrial was declared.

Case dismissed after a suppression hearing.

Accused of firing a shotgun at his partner, the client was found not guilty at trial.

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

Charges dismissed prior to indictment of co-defendants.

Received probation on serious claims of embezzlement from a bank.

Charges dismissed prior to indictment of co-defendants.

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