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Joseph A. DeMaria is 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
- 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
- Legal and Accounting Malpractice
- Trademark, Copyright and Trade Secrets Litigation
AWARDS AND RECOGNITIONS
- Florida Bar Certified as a Business Litigation Specialist: Chair, The Florida Bar, Business Litigation Certification Committee
- Selected, Best Lawyers in America (Commercial Litigation, Construction, White Collar Defense)
- Martindale-Hubbell "AV" Rated
- 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:
- Lead counsel for international banker in 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 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 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
- Defended $30 million in civil RICO and punitive damages claims by an international bank; Special Purpose Accounts Receivable Cooperative Corp. v. Prime One Capitol Company, LLC, Case No. 00-6450-CIV-MARRA (S.D. FL.)
- 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.)
- Represented Venezuelan businessmen in multi-million dollar federal forfeiture proceeding of aircraft; United States v. One 1981 British Aerospace HMS, 125-700A Aircraft, Serial No. NA0339, U.S. Registration No. N7005A, et al., Case No. 08-21871-CIV-UNGARO (S.D. FL.)
- Defended regional accounting firm in malpractice action arising out of $180 million federal tax evasion scheme; Mirabilis v. Rachlin, Cohen & Holtz, Case No. 09-271-CIV (M.D. FL.)
- Defended national ice cream chain in federal trademark suit; Dippin Dots, Inc. v. Consessions Ala Mode, Inc., Case No. 00-1991-CIV-HUCK (S.D. FL.)
- Trial counsel for international bank in multi-million fraudulent transfer claim; Banco Intercontinental, S.A. v. Var Holdings, Inc., Case No. 06-22911 (Miami-Dade County, Florida Circuit Court)
- Lead counsel for director of failed Venezuelan and Miami national banks in $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)
- Lead counsel for Uruguayan banker in United States extradition proceedings arising out of the $800 million failure of Uruguayan, Argentinean, Paraguayan and Cayman Islands banks; Juan Peirano Basso v. U.S. Marshal, 06-22990-CIV-MORENO (S.D. FL.)
- Trial counsel for Miami Businessman in State of Florida multi-million dollar grand theft prosecution; State v. Diaz, 814 So.2d 466 (Fla. 3d DCA 2002)
- Represented Florida bank in Bank Secrecy Act/Anti-Money Laundering compliance and response to federal banking regulator’s cease and desist order
- 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)
- Defended Colombian businessman in civil forfeiture proceedings arising out of Justice Department investigation of Black Market Peso Exchange; United States v. Eighty-Eight (88) Accounts, 740 F.S. 842 (S.D. FL. 1990)
As a Construction Lawyer:
- Trial counsel for Miami-Dade Public Schools in resolving 35 multi-million dollar construction claims through mediations, trials and appeals. Also modified contract general conditions and surety bond requirements for $500 million District-wide construction projects
- 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 a $3 million claim against 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:
- Jessla Construction Corp. v. Miami-Dade County School Board, 23 So.3d 1247 (Fla. 3d DCA 2009)(affirming trial defense verdict in multi-million dollar construction dispute)
- Land O’Sun Realty Ltd. V. Rental Car Investments, 685 So2d 870 (Fla. 3d DCA 1996) (affirming trial defense verdict in multi-million dollar commercial lease dispute.)
- Fly Brazil Group, Inc. v. The Government of Gabon, Africa, 2010 WL 1745131 (S.D. FL. Jan. 29, 2010)(Order quashing international service of process pursuant to Foreign Sovereign Immunities Act)
- 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)
- Novodzlsky v. Astor, Weiss & Newman, 1994 WL 527281 (E.D. PA Sept. 22, 1994) (dismissing civil RICO and securities fraud claims against law firm)
- Harbaugh v. Greslin, 436 F. Supp. 2d 1315 (S.D. Fl. 2006), aff’d 218 Fd. Appx. 950 (11th Cir. 2007)(dismissal of judgment creditor’s multi-million dollar clam against Greek national)
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
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