You’ve Been Accused of Operating a Pill Mill in Texas – What Now?
In Texas, as in many other states, state and federal law enforcement have been grappling with the national opioid epidemic.Read More
Friends – TCDLA President David Moore has penned an important, thought-provoking President’s Message in the September “Voice for the Defense”. As David’s message makes clear, history does not afford us the luxury of silence. In fact, as has been said, in times of moral crisis, silence is complicity.
A number of years ago I read a book about the rise of Fascism in America. The book referenced Umberto Eco’s essay ” Eternal Fascism: Fourteen Ways of Looking at a Blackshirt”. Eco’s essay is short and well worth reading. One cannot read it without seeing parallels with Trump and his ” Movement”. I suppose one can close their eyes, but the great patriot Patrick Henry warned against closing one’s eyes in matters of liberty
Patrick Henry said, “Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it.”
I agree with Patrick Henry. For my part, notwithstanding whatever discomfort it may cause, I want to know the truth. As lawyers, I should hope we should all want the truth, even if, or particularly if it makes us uncomfortable. So I urge everyone to read Umberto Eco’s attached essay on fascism. I have studied Eco and I have drawn my own uncomfortable conclusions about where our country is at. I urge you to read Ecos essay and draw your own conclusions no matter what ” anguish of spirit it may cost.”
Best to all,
Robb Fickman, Houston
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
In Texas, as in many other states, state and federal law enforcement have been grappling with the national opioid epidemic. This has led to increased scrutiny and stricter regulations surrounding the prescription and distribution of controlled substances. In recent years, …
Texas State law makes it a crime to make a false alarm or false report.What is Against the Law?
Under Texas law, it is a crime to make a false report. This is intended to deter people from making …
In recent years, technology has made its way into almost every facet of our lives, and the judicial system is no exception. Federal criminal proceedings in the Southern District of Texas, Houston Division, have experienced a significant transformation due to …