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

June 14, 2022
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Home Arrow right News & Insights Arrow right Bird Marella Wins Dismissal of Fraud Indictment Against Advertising Executive at Start of Trial

Tuesday, June 14, 2022

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.

To learn more on Bird Marella’s white collar defense and trial practice, click here.

Associated Attorneys

Gary Lincenberg

Gary S. Lincenberg

Principal

Nicole Van Dyk

Nicole Rodriguez Van Dyk

Principal

Darren Patrick

Darren L. Patrick

Associate

Alexis Wisely

Alexis A. Wiseley

Associate

View More Associated Attorneys
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