Joseph A. DeMaria

Joseph A. DeMaria is a partner and one of the leading trial lawyers in South Florida. He is frequently hired on a wide range of complex business litigation and financial criminal defense matters. Throughout his career, Mr. DeMaria has managed some of the most high profile South Florida cases, which have drawn national news attention.

 AREAS OF EXPERIENCE

• Legal and Accounting Malpractice 
• Defense of Domestic and International Bankers in Regulatory Investigations and Breach of Fiduciary Duty actions
• Corporate, Shareholder Derivative and Class Action Litigation
• White-Collar Criminal Defense, including Financial Crimes, RICO, Federal Tax Offenses, Securities and Commodities Fraud, Bank Secrecy Act/Anti-Money Laundering Compliance and Forfeiture Proceedings
• Construction Litigation, Negotiation and Administration
• Trademark, Copyright and Trade Secrets Litigation

AWARDS AND RECOGNITIONS

• Florida Bar Certified as a Business Litigation Specialist:  Member, The Florida Bar, Business Litigation Certification Committee; Chair, 2009-2011
• Selected, Best Lawyers in America (Commercial Litigation, Construction, White Collar Defense)
• Martindale-Hubbell "AV" Rated
• Selected. "12 to Watch in 2012," Attorney at Law Magazine, Greater Miami Edition, Volume 2, No.1. Click here to read article.
• Finalist, Most Effective Lawyers, Complex Business/Civil Litigation, Miami Daily Business Review, 2011, Click here to read article.
• Selected, Most Effective Lawyers, International Law, Miami Daily Business Review, 2007
• Selected Author, "Strategic and Tactical Considerations for Defending a White Collar Criminal Investigation," White Collar Defense Strategies, Inside the Minds (Aspatore Press 2007) Click here to read full chapter
• Recipient, Special Commendation from the U.S. Department of Justice for Outstanding Service to the Criminal Division

SIGNIFICANT REPRESENTATIONS

As a Business Litigator and White Collar Criminal Defense Attorney:

• Defeated $200 million accounting malpractice claim; Mirabilis Ventures, Inc. v. Rachlin Cohen & Holtz, LLP, Case No. 6:09-CU-271-ORD-31 DAB.  See 2011 WL 3236027 (M.D.FL. July 28, 2011) (Order granting motion to exclude damages claim); 2011 WL 2784105 (M.D. FL. July 14, 2011) (Order granting motion to exclude accounting expert). Click here to read the Public Accounting Report on this case
• Represented international banker in successful due process, name-clearing proceeding against U.S. Department of Justice; Masvidal v. U.S. Department of Justice, 2010 WL 1956734 (S.D. Fla. Apr. 7, 2010) Click here to read the name-clearing letter
• Trial counsel for Court-appointed Receiver in federal criminal prosecution arising out of multi-million dollar embezzlement from fiduciary accounts.  United States v. Lewis B. Freeman, Case No. 10-CR-20095-HUCK (S.D. FL.)
• Represented Penske Racing, Inc. in Helio Castroneves’ Miami federal criminal tax grand jury investigation and trial
• Legal counsel for victims of Cuban terrorism in successful execution proceedings against New York Bank holding $47 million in Cuban assets; Weininger v. Castro, 462 F. Supp. 2d 457 (S.D.N.Y. 2006)
• Defended Florida law firm in $150 million malpractice claim and international law firm in $30 million malpractice claim
• Trial counsel for commodities/foreign exchange dealer in multi-million federal fraud, tax evasion and forfeiture proceedings; United States v. Jeffrey Jedlicki; Case No. 08-60160-CIV-MARRA (S.D. FL.)
• Trial counsel for international bank in securing multi-million judgement arising from fraudulent transfer claim; Banco Intercontinental, S.A. v. Var Holdings, Inc., Case No. 06-22911 (Miami-Dade County, Florida Circuit Court); affirmed 51 So.3d 470 (Fla. 3d DCA 2011)
• Lead counsel for director of failed Venezuelan and Miami national banks in defeating $2 billion civil RICO litigation; Banco Latino v. Gomez Lopez, 17 F.Supp. 2d 1327 (S.D. FL. 1998) and 95 F. Supp. 2d 1327, 1328, n.1 (S.D. FL. 2000)
• Trial counsel for Miami Businessman in defeating State of Florida multi-million dollar grand theft prosecution; State v. Diaz, 814 So.2d 466 (Fla. 3d DCA 2002)
• Trial counsel for corporate officer in criminal bankruptcy and civil I.R.S. proceedings arising out of the largest financial fraud in the history of the State of Wisconsin; United States v. Norman Lopresto (E.D. Wisc.); see United States v. Mankarious 151 F. 3d 994 (7th Cir. 1998)

As a Construction Lawyer:

• Trial counsel for Miami-Dade Public Schools in 35 multi-million dollar construction claims including victories at trials and appeals.  See Jessla Construction Corp. v. Miami-Dade County School Board, 23 So.3d 1247 (Fla. 3d DCA 2009), rev. dismissed, 385 So.2d 770 (Fla. 2010) (affirming trial defense verdict in multi-million dollar construction dispute) and 48 So. 2d 127, (Fla. 3d DCA 2010) rev. dismissed, 2011 WL 2568959 (Fla. June 27, 2011) (affirming $515,000 attorney’s fees award against Plaintiff)
• Represented the South Florida Water Management District in the negotiation of a $330 million GMP Contract for construction of a reservoir for Everglades restoration
• Represented developer in securing a $3 million payment from a surety in construction delay litigation
• Represented private Miami developer in Chapter 558, Florida Statute negotiations with condominium association over corrective work issues; Skyline on Brickell Condo Assoc. v. Skyline on Brickell Managmt, LLC, Case No. 07-13782 (Miami-Dade County, Florida Circuit Court)

As a Federal Prosecutor:

• Prosecuted the President of the largest Health Maintenance Organization in the United States, and the President of the Hotel and Restaurant Employees Union for labor racketeering, obstruction of justice, bribery of a grand jury witness and illegal wiretapping; United States v. Miguel G. Recarey, Case No. 88-5186-CA-NESBITT (S.D. FL.)
• Prosecuted a prominent Florida real estate developer for bribery, labor racketeering, perjury and tax evasion; United States v. Leonard J. Mercer, (S.D. FL.)
• Prosecuted 49 organized crime members and associates for participation in multinational RICO conspiracy; United States v. Link, 921 F.2d 1527 (11th Cir. 1991)
• Prosecuted a former New Jersey State Legislator for perjury and obstruction of justice arising out of receipt of kickbacks from a labor union; United States v. Zauber, 857 F.3d 137 (3rd Cir. 1988)

 OTHER SIGNIFICANT REPORTED DECISIONS:

• In Re Rothstein Rosenfeldt Adler, P.A., 2011 WL 6067494 (Bkr. S.D.FL. June 7, 2011),  (Order compelling production of convicted co-conspirator’s proffer, overruling Fifth Amendment and attorney work product objections), and 2011 WL 6098152 (Bkr. S.D. Fl. Sept. 16, 2011) (Order reaffirming production of proffer and setting forth procedures to produce information); see also 2011 WL 2620187 (S.D.FL. July 1, 2011) (Order compelling government to produce convicted fraudster for deposition in $1 billion ponzi scheme litigation) and 2011 WL 5914242 (S.D.FL. Nov. 28, 2011) (Order denying motion to continue deposition)
• Fly Brazil Group, Inc. v. The Government of Gabon, Africa, 709 F.Supp. 2d 1274 (S.D. FL. 2010)(Order quashing international service of process pursuant to Foreign Sovereign Immunities Act)
• Harbaugh v. Greslin, 436 F. Supp. 2d 1315 (S.D. Fl. 2006), aff’d 218 Fd. Appx. 950 (11th Cir. 2007) (Order dismissing judgment creditor’s multi-million dollar clam against Greek national)
• Federal Deposit Insurance Corp. v. Gonzalez-Guarondora, Jr., 833 F.Supp. 1545 (S.D. Fla. 1997)(setting standard of liability for directors of Florida financial institutions)
• Land O’Sun Realty Ltd. v. Rental Car Investments, 685 So2d 870 (Fla. 3d DCA 1996), rev. dismissed, 710 So. 2d 978 (1996) (affirming trial defense verdict in multi-million dollar commercial lease dispute.)
• Novodzlsky v. Astor, Weiss & Newman, 1994 WL 527281 (E.D. PA Sept. 22, 1994) (dismissing civil RICO and securities fraud claims against law firm)

 BAR AND COURT ADMISSIONS

• The Florida Bar
• United States District Court for the Southern District of Florida
• United States District Court for the Middle District of Florida
• United States Court of Appeals, Eleventh Circuit
• New York Bar
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• United States Court of Appeals, Second Circuit

PROFESSIONAL AND COMMUNITY INVOLVEMENT

• Member, Board of Trustees, St. Bonaventure University
• Adjunct Professor, University of Miami School of Law, Trial Skills and Business Litigation Skills, 1994 - present
• Florida Commissioner to the National Conference of Commissioners on Uniform State Laws, 2005-2007
• Author and Lecturer, National Business Institute, Construction Litigation, Mediation, White Collar Criminal Issues
• Legal Commentator: CNN, CNBC, and National and Local Radio - White Collar Criminal Issues
• Panelist, Conference of the Society of Professional Journalists on the impact of the U.S. Patriot Act on Civil Liberties