Bird Marella Wins Dismissal of Fraud Indictment Against Advertising Executive at Start of Trial

In a trial involving a digital advertising company’s use of Internet Protocol netblocks, Bird Marella won complete vindication of its client’s innocence. Following his opening statement at trial, Principal Gary Lincenberg persuaded the United States Attorney for the Southern District of California to dismiss all charges in the indictment. The dismissal will take place under a deferred prosecution agreement involving no admission of any culpability by the client, no payment of any fine, and no probation.

Trial commenced in May 2022, following a five-year investigation and a four-year battle over cutting-edge legal issues, including what constitutes “property” under the federal wire fraud statute and what constitutes a “registrant” under the electronic mail fraud statute. Expected to last six weeks, Bird Marella’s trial team secured this decisive victory before a single witness took the stand.

Principals Gary Lincenberg and Nicole Rodriguez Van Dyk led the defense team, with outstanding contributions from associates Darren Patrick and Alexis Wiseley.

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