United States v. K.R. (U.S. District Court)
Narcotics, firearms
K.R. faced a sentence of 25 years after he was caught with drugs and guns in two separate traffic stops, which led to searches of his vehicle. In the first case, Robert convinced the court that the police lied when they claimed to have smelled marijuana in K.R.'s vehicle, and so, there had been no basis for the search. In the second, the court agreed the search was an illegal search for evidence, not an inventory search as the police claimed. All charges were dismissed.
State v. L.W. (Minn. S. Ct.)
Narcotics, firearms
L.W. was convicted of first-degree murder at trial and sentenced to life in prison. On appeal to the Minnesota Supreme Court, the Supreme Court held the district court erred in its jury instruction on aiding and abetting. The Supreme Court reversed the conviction and remanded for a new trial.
United States v. D.P. (U.S. District Court)
Narcotics
D.P. was charged with distribution of fentanyl after the police stopped his vehicle, which they had tracked using location data from his cellphone. In pretrial litigation, Robert established that the police had lied to the court when they obtained the search warrant for the location data. The court suppressed all the evidence seized, and the case was dismissed.
United States v. M.O. (Eighth Circuit Court of Appeals)
Firearms
M.O was charged as an armed career criminal and faced a mandatory minimum sentence of 15 years. In a case of first impression, Robert convinced the court that M.O.'s prior Minnesota conviction for distribution of cocaine was not a predicate conviction under the Armed Career Criminal statute because Minnesota law criminalized isomers of cocaine that were not illegal under Federal law.
United States v. M.G. (U.S. District Court)
Excessive force, perjury
M.G. was a Minneapolis police officer charged with 4 counts of using excessive force during the arrest of four individuals in two separate incidents. In addition, he was charged with multiple counts of perjury for lying in his police reports about the circumstances of the arrests, one of which was recorded on surveillance video. After a two-week trial, the jury acquitted on 6 of the 9 counts and was unable to reach a verdict on the remaining three. The government dismissed the remaining counts.
United States v. M.O. (U.S District Court)
Health care fraud
M.O was charged with operating an online pharmacy that allowed customers to order medication and controlled substances without a valid prescription. The discovery consisted of millions of pages of documents from countries around the world, and the trial went on for a month. After the government rested, the judge granted judgment of acquittal on all counts, without submitting the case to the jury.
United States v. S.A. (U.S. District Court)
Illegal firearm posession
S.A. was charged with illegal possession of a firearm after two police officers saw him stash an object in the glove compartment of his car. DNA testing found his DNA profile on the gun, with a 99.99999% confidence level. Robert worked with an expert to attack the DNA evidence and used body cam videos to prove the police were lying. The jury found him not guilty.
United States v. J.A. (U.S. District Court S. Dak.)
Federal wildlife law violation
The defendant was charged with violating federal wildlife laws by engaging in commercial fishing on an Indian Reservation. During extensive pretrial litigation, which included three separate motions to dismiss based on defects in the indictment, the government dismissed all charges.
State v. H.S. (Henn. Co. District Court)
Intent to distribute drugs
H.S. was charged with possession with intent to distribute drugs, after a large quantity of marijuana and consumables were found during a search of his apartment. During pretrial litigation, Robert convinced the judge that it was unreasonable for the police to use a drug dog to sniff at the door of the defendant’s apartment. As a result, the search was suppressed, and the State dismissed the charges.
State v. L.F. (Anoka Co. District Court)
Animal abuse
L.F. was charged with abusing horses after the police seized several of his animals, which a veterinarian claimed were malnourished. After a lengthy evidentiary hearing, the judge suppressed the search of L.F.’s farm, resulting in the dismissal of all charges.
United States v. J.M (Eighth Circuit Court of Appeals)
Bank Fraud
The defendant was convicted of bank fraud and sentenced to 42 months, based on a loss amount of $1.9 million. On appeal, the Court agreed there was no loss, and ordered the defendant immediately released from custody.
United States v. J.R. (Eighth Circuit Court of Appeals)
Federal wildlife law violation
Defendants were charged with violating federal wildlife laws by fishing on an Indian Reservation in violation of tribal law. The Court of Appeals affirmed the district court dismissal of the charges on the ground that treaties from 1837 gave the Native American defendants the right to fish on tribal land.
United States v. M.S. (United States District Court)
Narcotics
The defendant was facing a mandatory minimum sentence of ten years in prison on drug charges. Following pretrial litigation, the government agreed to a reduced charge, resulting in a sentence of probation.
United States v. V.B. (U.S. District Court)
Tax evasion, mail fraud, ERISA fraud
The defendant was charged with conspiracy to defraud the United States and to evade taxes, mail fraud, and ERISA fraud. The charges arose from a fraudulent company payroll scheme. Among the evidence against the defendant were over 600 fraudulent checks that he had signed. Following a month long trial in federal court, the jury found the defendant not guilty of all counts.
United States v. T.W. (U.S. District Court)
Firearm possession
The defendant was charged with possession of a firearm after a gun was recovered by the Minneapolis Police during a search of his vehicle. The District Court suppressed the gun because the search was illegal and dismissed this charge.
United States v. O.J. (U.S. District Court)
Threatening a government official
The defendant was charged with threatening to kill her probation officer. Mr. Richman's analysis of cell phone records convinced the government that the defendant was innocent. The government dismissed all charges.
United States. v. K.D. (U.S. District Court)
Narcotics
The defendant was facing a mandatory minimum sentence of 10 years. At sentencing, she was given a downward departure and a probationary sentence.
United States v. L.E (U.S. District Court)
Immigration law violation
The defendant was charged with illegal re-entry into the United States after deportation, a charge to which there is virtually no defense. In pretrial litigation, Mr. Richman convinced the court that the government had held the defendant for too long in the custody of the Immigration and Naturalization Service before commencing criminal proceedings. The court dismissed the criminal charge as a result.
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