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13
former prosecutors
Our team includes more than 13 former U.S. federal and state prosecutors and officials
A bet-the-company prosecution
In 2024, Bio-Edge, Inc., a small, family-run business, faced felony charges following an investigation by a U.S. attorney’s office and the Environmental Protection Agency into its waste handling and disposal practices. The charges alleged violations of the Clean Water Act and RCRA.
The case was particularly challenging for our white-collar defense team because two top executives and the company had already pleaded guilty.
Overcoming guilty pleas
Undoing a guilty plea after it has been entered in a federal criminal case is exceedingly rare. Our team needed to overturn felony convictions, shield the owners from personal criminal liability, and protect a company whose survival was on the line. The case also involved highly technical scientific and regulatory issues that had to be explained clearly and persuasively to the prosecutors, agents, and court.
Our goal was clear: secure dismissal of all criminal charges, alleviate damage done to the owners, restore their reputations and financial position as much as possible, and allow them to move forward with their business.
Turning the case around
The trajectory of the case turned when our team discovered suppressed exculpatory evidence. Through pointed court filings, persuasive oral arguments, and aggressive negotiations, our team seized control of the narrative. We translated complex scientific issues into plain terms the court could easily follow, exposing serious flaws in the government’s case.
A complete victory
Our team achieved a non-prosecution agreement: a highly unusual result once felony charges have been filed and guilty pleas entered. The government dismissed every criminal charge against Bio-Edge and its owners, including those brought under the Clean Water Act and RCRA, and all guilty pleas were withdrawn.
After two years of hard-fought litigation, the threat to Bio-Edge’s business is gone, and its owners can move forward with their names cleared.
The content of this publication is for informational purposes and is not intended to cover all developments in the areas discussed. The author, publisher, and distributor are not providing legal advice. You should not act or refrain from acting based on the content without seeking appropriate legal counsel from a properly licensed attorney in your jurisdiction. Portions of the publication may be considered Attorney Advertising under the applicable rules of certain states.
