 |
|
JAMES M. DEICHERT has been awarded Martindale-Hubbell's highest rating of AV. He is a former federal prosecutor and Supervisory Assistant United States Attorney.
From 1982-1997, he was the Chief of the Organized Crime Strike Force for the U. S. Attorney's Office in Atlanta, Georgia. Mr. Deichert focuses his practice on White Collar Criminal Defense, Complex Civil Litigation: RICO, Fraud and the False Claims Act, and Preventive Services -- including Internal Investigations. His practice provides a full scope of counseling and representation before Federal and State authorities.
In his 25-year career with Department of Justice, Mr. Deichert prosecuted many significant organized crime and labor racketeering cases throughout the United States. He specialized in prosecuting criminal enterprises using the RICO statute to dismantle organizations, trace laundered criminal proceeds and forfeit assets. Mr. Deichert successfully tried dozens of jury trials. Additionally, he investigated and tried over 30 multiple-defendant cases charging RICO, money laundering, fraud, conspiracy, labor racketeering (graft, embezzlement, extortion and E.R.I.S.A.), income tax and arson violations. He has extensive experience in the use of sophisticated investigative techniques, including undercover agents, court-ordered electronic surveillance, "sting" operations, financial search warrants and long-term grand jury probes.
Since entering private practice, Mr. Deichert has defended or prosecuted a number of civil RICO cases in both state and federal court. He has also served as a legal consultant in several civil RICO matters. The following cases illustrate his civil RICO practice:
In Trustees of the Idaho Laborers Pension Fund v. Capital Consultants, Inc., CV-00-1338 (District of Oregon), Mr. Deichert served as a consultant to a consortium of plaintiff's attorneys representing over 60 union pension and employee benefit plans in the Pacific Northwest. This was a classic labor racketeering scam involving the funds' investments that was orchestrated by a corrupt money manager. The scheme involved kickbacks, false financial statements and money laundering. The total fraud loss exceeded $360 Million Dollars. Mr. Deichert coordinated an internal investigation, drafted federal civil RICO allegations for the Complaint, and was involved in lengthy mediation efforts supervised by a Senior Judge for the U.S. Court of Appeals for the Ninth Circuit. In September 2002, the trial court approved a settlement of $140 Million Dollars from the group of defendants facing RICO liability.
In April 2000, in Fulton County Superior Court Mr. Deichert and Hank Fellows represented the plaintiff under Georgia's civil RICO law in a matter involving a $500,000 embezzlement by a high corporate officer. First, the firm froze the defendant's assets using a restraining order. Then, in September 2000, after expedited discovery, the firm collected a $600,000 consent judgment.
The following cases illustrate Mr. Deichert's RICO experience as a federal prosecutor:
- In United States v. Coppola, 955 F. 2d 688 (11th Cir. 1992), Mr. Deichert directed a multiple-agency investigation and was lead counsel in the 13-week RICO jury trial. The defendants conducted a huge drug importation/distribution operation, used the profits to acquire legitimate businesses and murdered a series of rivals. The case also involved E.R.I.S.A. violations stemming from fraudulent health insurance claims. This was one of the longest and most significant criminal trials in the history of the Northern District of Georgia. The jury returned convictions and a RICO forfeiture verdict of more than $1 Million Dollars against the Jilly's - The Place For Ribs restaurant chain.
- In United States v. Romano, 736 F. 2d 1432 (11th Cir. 1984), Mr. Deichert was sole counsel in a 6-week RICO, E.R.I.S.A./Mail Fraud, and Criminal Tax Evasion trial. The defendants bilked a Teamsters pension fund using a complicated fraud scheme. The prosecution traced the fraud proceeds that were laundered into a condominium project and a restaurant. The defendants were convicted and the Government won a $1 Million Dollar RICO forfeiture verdict. However, the verdict was overturned because of error by the trial court, 755 F. 2d 1401. The trial judge was later impeached after a finding of judicial misconduct in the case. Mr. Deichert testified before the United States Senate during the impeachment proceedings.
- In "Operation Burnout," Mr. Deichert supervised a two-year undercover operation and financial investigation targeting motor fuel excise tax evasion. The project ended in 1994 after 9 defendants pled guilty to RICO, fraud or money laundering charges. The IRS recovered over $1 Million Dollars via a jeopardy tax assessment.
Mr. Deichert was co-counsel during the prosecution of the Rosenthal drug empire: United States v. Rosenthal, 793 F. 2d 1214 (11th Cir. 1986). The prosecution relied on extensive court-ordered electronic surveillances and an undercover operation in which 755 pounds of cocaine were brought into the United States on a government plane, then seized by federal agents. Additionally, an historical investigation proved that the defendants, including members of the La Cosa Nostra, distributed over 10,000 pounds of high-grade cocaine. After a 10-week jury trial, the defendants were convicted on Conducting a Criminal drug Enterprise and RICO charges.
Mr. Deichert is a frequent speaker at professional training events. He has lectured on RICO and federal criminal practice at continuing legal education audiences, including the 2004 Federal Criminal Practice Seminar, the 2003 White Collar Crime Seminar and the 2005, 2002, 2000 and 1998 Georgia Annual RICO Seminars. He has also lectured on civil RICO to the International Association of Special Investigative (insurance) Units, and before a joint meeting of the Gwinnett County Bar - CPA Society. He was a panel member at the Federal Bar Association's 1999 Annual Practice seminar on "A Civil Privilege: The Privilege Against Self-Incrimination in Civil Litigation. He also presented "A Prosecutor's View of Labor Racketeering" to the Atlanta Bar Association, Labor Law Section. He has been a guest instructor at Emory Law School's Trial Techniques Program since 1998. Additionally he was a visiting instructor at the Georgia Police Academy, teaching senior investigator classes on: "Investigating & Prosecuting Major Conspiracy Cases" and "Trying RICO Cases."
Mr. Deichert is a member of the American Bar Association (Criminal Justice and Antitrust Sections, as well as the Civil RICO Subcommittee), the National Association of Criminal Defense Lawyers, the Federal Bar Association, the Atlanta Bar Association (Litigation and Criminal Law Sections), the Georgia Association of Criminal Defense Lawyers, the Lawyers Club of Atlanta and the Old War Horse Lawyers Club.
Mr. Deichert has over 25 years' military law experience as a Judge Advocate. He served as the State Judge Advocate of the Georgia National Guard from 1991 – 1999, retiring as a Colonel.
Mr. Deichert earned his Juris Doctor in 1972 from Seton Hall University School of Law and his bachelor's degree in history from Rutgers College in 1969. He entered the Justice Department through the Attorney General's Honor Law Graduate Program, and won numerous achievement awards during his career as a federal prosecutor.
His peers elected Mr. Deichert as a Georgia Super Lawyer in the White Collar Criminal Defense practice area in rating surveys conducted by Atlanta Magazine for the 2005, 2006 and 2007 years. He received similar peer ratings as one of Georgia Trend's Legal Elite in 2006, and was recognized in Who's Who Legal: Georgia 2007 for Business Crime representation.