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Lessons Learned from
Getting to Not Guilty
Sharon L. McCarthy and Jay Nanavati
E falls on trial counsel, who must do all that he or
very criminal defense attorney knows that
she ethically can to provide a vigorous, credible,
being indicted is a life-changing event for
a client. In many cases, white-collar clients
have never even been issued a traffic ticket effective defense of the client before a jury. In this
article, we share lessons learned and successful
and often are highly respected in their business trial strategies from three of our cases, based upon
communities. Yet a federal indictment for most listening closely to our clients with an open mind.
white-collar offenses carries with it the prospect Of these cases, two trials ended in acquittal, and
of not only a felony conviction, but prison time, one ended in pre-trial dismissal of the indictment.
which, in most cases, is determined by the amount In U.S. v. John Doe, which was tried in the
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of money at issue in the alleged crime. One of the District of Kansas, Mr. Doe’s wife was charged with
most difficult decisions for the client is whether a multi-year scheme to underreport income and
to accept a plea offer from the government and overreport expenses from the medical aesthetics
the certainty of a lower sentence even if only clinic that she owned in suburban Kansas City. Jay
based on acceptance of responsibility, or risk Nanavati represented John Doe who, in addition
going to trial and face what most certainly will to being his wife’s boyfriend at the time of the
be a higher sentence once the court has heard alleged crime, performed maintenance work at
all of the government’s evidence. Once the client her clinic. The government alleged that Mr. Doe
chooses to go to trial, the burden of that decision assisted his wife in creating a fictitious business
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38 For The Defense Vol. 4, Issue 4
