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Over 15 years ago, an enterprise in which I was a principal investor and shareholder became the subject of a white-collar government investigation that led to a multi-count case against everyone associated with the company. Given my profile at the time, that connection drew increased attention. I chose to dispute the government’s case and take the matter to trial because I believed the allegations were overzealous and unsupported by the facts, and the jury agreed.

 

We were found not guilty of any fraud, and the court later threw out the remaining charges, concluding that the prosecutors lied to the court and the way the case was handled was unconstitutional.  Additionally the judge outlined that this case did not meet the criteria for a criminal prosecution. In connection with the findings in the case, two prosecutors were relieved of their positions due to the magnitude of the misconduct. Ultimately, we reached a successful resolution with the government that allowed all parties to move forward.

 

While there has been public reporting about this matter over the years, much of it contains quite creative and often exaggerated information, emphasizing accusations that were legally and factually disproven rather than the final outcome and subsequent proceedings. 

 

I was not sentenced to any time in prison and have continued to build a successful life, growing immensely from the experience. 

 

Although this chapter represents only a small part of my overall business story—one that includes founding, investing in and operating more than 40 companies, many of which had successful exits—it is the piece that has attracted the most public attention. Because of that, I think it’s important to address it clearly and in context. I cannot change that chapter of my life or the reporting about it, but I can control how I respond to it. Today, my focus is on applying what I learned and continuing to build long-term value and trust in both my personal and professional relationships.

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Legal matter

Media Coverage of the Government Misconduct in This Matter

BEDROCK PRINCIPLES OFFENDED

“The Government’s actions offend bedrock principles of the American criminal justice system”

 

— Judge Darrin P. Gayles, U.S. District Court

GOVERNMENT LIED TO THE COURT

“Shockingly, throughout the entirety of the pretrial proceedings, the Government lied to the Court….”

— Judge Darrin P. Gayles, U.S. District Court, Southern District of Florida

PROSECUTORS LIED

“Prosecutors shouldn’t be able to cheat…”

— Jay Weaver, Miami Herald

UNCONSTITUTIONAL CONDUCT

“...it was unquestionably unconstitutional.”

 

— Judge Darrin P. Gayles, U.S. District Court

CONVICTIONS TOSSED AFTER MISCONDUCT

“The Court hereby vacates the convictions and sentences of Defendants Matthew Pisoni…” — Judge Darrin P. Gayles, U.S. District Court, Southern District of Florida

YEARS OF LITIGATION AFTER MISCONDUCT

  • “We uncovered massive misconduct, leading to years of litigation”

     

    —David Markus Markus/Moss PLLC

PROSECUTORS LIED TO THE COURT

“‘But the most egregious thing is, [the prosecutors] lied to the court about it,’ the judge said.”

 

— Jay Weaver, Miami Herald

Spying & Lying Alleged
“Federal judge blasts Miami prosecutors for spying… and then lying to the court to cover up misconduct”
— NBC 6 South Florida

SIXTH AMENDMENT VIOLATED

“In an excoriating ruling… Judge Darrin Gayles said Assistant U.S. Attorney(s) violated the Sixth Amendment [rights]…”

— Associated Press

⚡ BREAKING:  COURT WILL NOT TOLERATE DECEPTION

“The Court will not tolerate willful violations of the Defendants’ constitutional rights or deception by officers of the court”

— Associated Press, via NBC 6 South Florida

DOJ KNEW OF SPYING

“Sealed documents…by the Department of Justice show prosecutors not only knew about…spying, but also instructed him to gather information”

— Associated Press, via NBC 6 South Florida

PATTERN OF DISREGARDING RIGHTS

“This is at least the third time in recent years that defense attorneys have caught federal prosecutors in Miami ‘flagrantly disregarding’ defendants’ constitutional rights.”

— Ricardo Bascuas, University of Miami law professor

DELIBERATELY MISLED THE COURT

“Federal prosecutors ‘deliberately misled’ court”

— ABA Journal

DIRTY DEALINGS GONE TOO FAR

“A federal judge decided that the dirty dealings of the prosecutors had gone too far” — Ratzan & Faccidomo

ESPECIALLY EGREGIOUS CONDUCT

“Prosecutors’ conduct was especially egregious”

— Ratzan & Faccidomo

KNOWING PROSECUTORIAL MISCONDUCT

“Department of Justice (‘DOJ’) attorneys knowingly engaged in prosecutorial misconduct…deliberately misleading the Court...”

SYSTEMIC PROBLEM FOR JUSTICE SYSTEM

“Such conduct by federal prosecutors … is highly problematic for the entire criminal justice system...”

— Arnall Golden Gregory LLP

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