Courageous Defense, Creative Solutions, Results. | (212) 529-3925

New York Law Journal Seeks Vinoo Varghese’s Comments About High Profile Trial

October 20, 2015

The New York Law Journal sought Vinoo’s opinion on the highly-covered 76-day trial in which the government charged three former executives with fraud claiming their actions led to the demise of the white-shoe law firm Dewey & LeBoeuf. The judge declared a mistrial yesterday after 21 days of deliberations and the jury deadlocked on most counts against the three. Vinoo described to the New York Law Journal the process of and history behind a judge’s instructions to a jury to continue deliberations when there’s no verdict. He also explained what a mistrial means for the defense and client. Specifically Vinoo told the New York Law Journal: If a jury hasn’t reached a verdict and sends notes declaring that it is deadlocked, the judge can read a so-called “Allen” charge instruction, derived from an 1896 U.S. Supreme Court case, that is basically a push from the judge to reach a verdict…. Some defense lawyers believe that a mistrial is good because you live to fight another day, but the question then becomes, does the client have the stomach for that. This isn’t a simple issue for a defense lawyer. You can read the full article quoting Vinoo on our website’s press page here.

Read more

Vinoo Varghese Named A Super Lawyer

October 19, 2015

We are so pleased to announce that our principal, Vinoo Varghese, has been selected to the 2015 New York Metro Super Lawyers list — an honor only 5% of lawyers receive each year! Vinoo’s profile on the Super Lawyers website can be viewed here. A brief biography of Vinoo is also featured in the Super Lawyers Magazine. Click on the image below to see his page in the digital version of the magazine. A special video providing more details including an explanation of the selection process can be found on our website here. Thank you all for the support you’ve given us with your consistent kind words of encouragement and the trust you’ve given us by allowing us the privilege of defending those you care about. We couldn’t have become as successful without your support and trust.

Read more

Our Victory Against DOJ TAX & IRS

June 28, 2015

We are so pleased to announce that last month we secured another victory for one of our clients — this time against the Department of Justice (DOJ) Criminal Tax Division and IRS — in a federal appellate court. In January, we had told you that a federal district court judge had granted our retrial motion for our client, who was wrongly accused in a criminal tax case. When our client was arrested in August 2013, the DOJ & IRS issued a joint press release announcing his indictment. Our client, a Peruvian immigrant and owner of a construction company, who in good faith had relied on the advice of his accountant, was charged with tax fraud based mainly on that accountant’s testimony. Undeterred, in 2014, we went to trial and our client took the stand in his own defense. At trial, the judge found our client’s testimony more credible than that of the accountant. The judge, in fact, declared that the accountant’s trial testimony was “patently incredible” — in layman’s terms — the accountant lied and lied often. The judge also concluded that federal prosecutors had made “truly fallacious” and “baseless” arguments in their summations that “inflamed the jury and tainted its deliberations” causing them to “stray from the facts” leading to an unjust verdict. The judge held that the verdict against our client constituted a “manifest injustice” and ordered a retrial under Rule 33 of the Federal Rules of Criminal Procedure in order to “avert a miscarriage of justice.” Despite all these problems, the government decided to appeal the judge’s decision to the United States Court of Appeals for the Second Circuit. After oral arguments on April 15, Tax Day, no less, against the DOJ Criminal Tax Division, the Court of Appeals agreed with us, found the government’s evidence “problematic” and affirmed the judge’s decision granting our motion for a retrial. We refused to let an unjust result against our client stand. We didn’t give up when others did, we fought for him, and achieved what the magazine Law360 called a “rare” victory because of the small number of such cases that prevail on appeal. Read more about this great win for our client here.

Read more

Varghese & Associates: 2013 Recap & 2014 Outlook

January 28, 2014

Fighting for the Integrity of the Legal Profession In 2013, we yet again received significant recognition from the press, including The New York Times, The Washington Post, The Wall Street Journal, Crain’s New York Business, and the New York Law Journal. In December, theNew York Law Journalin a series of articles covered a deeply controversial subpoena issued by the Manhattan District Attorney, summoning us to appear before a grand jury to discuss a privileged interview with a witness, while the DA in anNSA-like maneuver, actually seized privileged attorney-client emails. Never one to back down from injustice, we fought the subpoena and the DA withdrew it. We were allied with the National Association of Criminal Defense Lawyers and the Legal Aid Society. The DA’s subpoena was a wanton act of intimidation with constitutional implications that threatened the role of the criminal defense bar nationwide and the integrity of the legal profession as a whole. We fought them and the DA withdrew the subpoena. Battling Government Overreach 2013 also saw the firm involved in another case of major consequence, defending a city councilman in one of the most important political prosecution proceedings of our time. We have challenged the government’s attempt to bootstrap lawful activity into federal criminal acts, even in the absence of state and federal law. Our firm continues to act on the belief that criminal lawyers are the first responders in the fight for individual freedom. Providing Continuing Legal Education While the year was filled with other crucial proceedings, including the defense of a high-profile insider trading case, and a national security case in Washington D.C., we’ve dedicated ourselves not only to action, but to education as well. We were honored to speak on a landmark webinar on white-collar crime, hosted by the New York Law Journal. We also spoke on a similar panel at Columbia Law School, and at the 2013 Corporate Whistleblowing Forum presented by Thomson Reuters. We were humbled and pleased by the invitations to participate in such high-level discourses. While 2013 was an exciting year, in 2014, we will continue to defend our clients and fight government overreach.

Read more