Editorial: Business Crime in Georgia

01 April 2007

This chapter highlights 13 individuals of exceptional talent in what is a highly competitive practice area. The level of expertise reflects the high standard of the white collar criminal defence bar in the state. An obvious breeding ground for this ability is the United States Department of Justice, where many of the individuals below served before private practice.

Maloy & Jenkins is a criminal defence boutique with a “formidable reputation”. Bruce Maloy’s practice focuses on white-collar criminal investigations and federal court trials. It is in court where Maloy really shines: he was described as “a first-rate trial lawyer” who is “very well thought of”. Maloy is a member of the American Board of Criminal Lawyers, the American College of Trial Lawyers and the National Association of Criminal Defence Lawyers. He also teaches International Criminal Litigation at Emory University School of Law.

Wilmer Parker was praised for being “very active in both international and domestic white-collar matters”. Parker is a former federal prosecutor and Parker served as assistant US attorney for the northern district of Georgia from 1983 until 1997 when he entered private practice. 

Craig Gillen is founder of Gillen Withers & Lake LLC and the former deputy independent counsel in Iran/Contra. Gillen was consistently recommended as “outstanding” for his work on qui tam litigation matters and government fraud cases.

Garland Samuel & Loeb is an Atlanta-based firm with a focus on criminal defence. Two of its name partners appear on the pages that follow and rank highly in the research for this chapter. Edward Garland is “an expert in trial and appellate cases” in both state and federal courts and is praised as “a natural defender”. Donald Samuel was respected for his writing, as author of the Eleventh Circuit Criminal Handbook (2006 edition). Both attorneys are members of the American College of Trial Lawyers and were involved in the high-profile defence of Ray Lewis, a linebacker for the Baltimore Ravens, who was indicted for double murder. All charges in the 2001 trial against Lewis were dropped. 

Chilivis Cochran Larkins & Bever LLP is a small firm with a big stake in the Georgia business crime market. Two of its partners are featured in this chapter. Thomas Dean Bever “should be on everybody’s list”, having spent five years in the United States attorney’s office for the northern district of Georgia. During this tenure he was awarded a special commendation from the Department of Justice for his work prosecuting FHA mortgage loan fraud. Anthony Cochran was also a federal prosecutor and served as assistant attorney for the Northern District of Georgia. While an assistant US attorney, Cochran was decorated for his work, receiving commendations from the US attorney general in a Department of Defence procurement fraud prosecution, and from the director of the FBI in a vote fraud prosecution. 

Stephen Cowen from King & Spalding LLP is the most nominated practitioner in the research – regarded by his peers as the “dean of the white-collar bar”. Before entering private practice and joining King & Spalding’s special matters and government investigations practice group, Cowen gained wide-ranging government experience as a prosecutor and civil litigator in the US justice department. Among his various posts he acted as first assistant and chief of the criminal division in the Atlanta US attorney’s office from 1983 to 1986, serving as its chief in 1982. Cowen is well known for his work on internal investigations as well as for the defence of individuals embroiled in securities fraud matters. 

William Mitchelson from Alston & Bird LLP is “the go-to-guy for internal investigations and compliance-related issues”. From 1990 to 1993 Mitchelson served as an assistant US attorney for the middle district of Florida, criminal division. He is chair of the firm’s False Claims Act working group and the designated Georgia legal contact for the Health Care Compliance Association. Mitchelson handles health-care and pharmaceutical compliance cases with “consummate skill and understanding”. 

Bruce Morris from Finestone & Morris LLP is a “leading light” in the Georgia Business Crime Bar. With a “flair for criminal defence” Morris has taught advanced criminal litigation at the Georgia State University College of Law since 1991, has served as the president of the board of directors of the Federal Defender Program and the American Civil Liberties Union of Georgia and was the secretary of the Georgia Indigent Defense Council. 

McKenney & Froelich’s Jerome Froelich is a “luminary” from another of Atlanta’s specialised trial and litigation firms. Froelich has represented a number of Georgia-based fortune 500 companies and high-profile individuals, including former Atlanta Mayor, Bill Campbell, for whom he won acquittal on federal racketeering and bribery charges. Froelich is a member of the American Board of Criminal Defence Lawyers and the National Association of Criminal Defence Lawyers. He has taught litigation courses at Emory University School of Law; Georgia State Law School; University of Georgia School of law; the Benjamin Cardoza School of Law; and at Passau University in Germany. 

Daniel Griffin from Miller & Martin PLLC was described as a “rising star and a great attorney who belongs on anyone’s list”. From 1997 to 2002 Griffin served as an assistant US attorney for the northern district of Georgia with responsibility for prosecuting fraud, tax and public corruption cases. With a practice that focuses on white-collar criminal defence, Griffin has handled matters in an impressive array of areas. He also conducts corporate internal investigations for companies in the health care, banking, retail, electronics, beverage and entertainment industries. Griffin is also co-chair of the Federal Criminal Practice seminar, held annually in Atlanta. 

The Atlanta-based firm of Fellows Johnson & La Briola LLP is home to former federal prosecutor, James Deichert. He was chief of the organised crime strike force for the US attorney’s office in Atlanta. During his time with the government he received special commendation awards and the special achievement award from the US Department of Justice. Deichert’s practice within the trial and litigation firm has a “real focus on white-collar criminal defence”.

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