Recent Criminal Trials / Matters

• Hung jury obtained for South Bay plastic surgeon following two year investigation and three week federal trial charging doctor with 18 counts of insurance fraud.  Though the defendant was initially indicted on 35 counts of both insurance and disability fraud, Cohen was able to obtain a severance of the respective fraud "schemes," thereby requiring the government to try the two cases independently of one another, and significantly undermining the strength of the government's trial presentation.  A re-trial of the insurance fraud allegations is pending.  The disability fraud charges remain in abeyance. 

• Hung jury obtained for Inland Empire real estate developer charged with the grand theft of over $130,000 in trust funds from a local escrow company.  Despite the testimony of a cooperating co-conspirator and a purported taped confession, the jury was unable to reach a unanimous verdict based upon the reasonable doubt raised exclusively through Cohen's cross-examination of the state's witnesses and the questions of ambiguity presented with respect to the alleged confession.

• Not guilty verdict returned for client charged with first-degree felony murder stemming from his admitted presence and alleged involvement with two co-defendants during the robbery/homicide of a cell phone store employee.  Despite a confession that he had knowingly entered the store with the two other charged individuals, the theory of defense was based on defendant's lack of knowledge or intent regarding the robbery.  Mr. Cohen obtained an acquittal despite eyewitness testimony identifying the defendant with a gun and as the shooter.  In a separate trial, the two co-defendants were each convicted of felony murder and sentenced to 30 years to life.

• Acquittal obtained for client charged with an assault with a deadly weapon on an undercover police officer who had been investigating the defendant regarding other criminal activity.  The suspect was identified by five law enforcement officials at trial as having pulled a gun from his waistband, pointing it at the victim officer, and threatening to kill him.  After a short foot chase, a gun was found around the defendant's waist.  Mr. Cohen argued that the defendant, unaware that the individual following him was a police officer, had brandished the gun in subjective self-defense of his safety and personal property.  A not guilty verdict was returned in less than two hours.

• Mistrial, resulting in final dismissal of all charges against UPS driver suspected of using his position and warehouse access to steal more than a million dollars in goods and products from UPS customers.  Warehouse videotape, phone/delivery records and testimony of cooperating co-conspirator all purportedly identified defendant as the culprit.  During more than a week of testimony, Mr. Cohen systematically dissected and discredited the prosecution's evidence and witnesses, and was able to establish that UPS had failed to disclose previously requested documentation and internal records material to the defense's case, and that a UPS supervisor had intentionally violated a court order regarding the breadth and subject matter of his trial testimony.  A mistrial was granted and the prosecution dismissed the matter with prejudice.

• Following three day preliminary hearing, dismissal of all but one count of bribery obtained for successful real estate developer initially charged with multiple counts of bribing a public official.  Based in large part upon the surreptitiously recorded conversations of the defendant and his co-defendant brother, Cohen was able to establish through the cross-examination of the investigating detective that the conversations were selectively recorded and often taken and presented out of context with the substance of the entire interactions.  Trial is pending.     

• Not guilty verdicts returned for client charged in wide-ranging narcotics conspiracy, which included drug trafficking, sales, and money laundering.  Through cross-examination of prosecution witnesses, Cohen successfully argued that rather than there being sufficient evidence to convict the defendant of these allegations, she was being prosecuted solely as a result of her relationship to her alleged co-conspirator.  The co-defendant was convicted on all charges.   

• Post-conviction, habeas corpus relief obtained for client who, on her prior attorney's advice, plead guilty to federal wire fraud/conspiracy charges, based upon counsel's misrepresentation that she would receive a probationary sentence; she was instead sentenced to 36 months imprisonment.  Cohen obtained an immediate stay of the defendant's prison term.  Following more than 3 years of litigation and evidentiary hearings, including the cross-examination of the defendant's prior counsel, Cohen was able to establish both that prior counsel had in fact erroneously assured the defendant that if she plead guilty she would receive a no-time sentence, and that the defendant reasonably relied on that assurance in her decision to plead guilty.  Finding that the defendant had received "ineffective assistance" from her prior counsel, the district court vacated the defendant's sentence and plea.  The matter was subsequently resolved with a misdemeanor plea.  The defendant never served a day in jail.   

• Successful trial defense of Los Angeles real estate developer accused of assault with deadly weapon and battery following alleged "road rage" incident and attack of traffic flagman.  Despite the testimony of three independent witnesses, Cohen obtained a hung jury, and subsequent final dismissal, based upon trial judge's finding that no reasonable jury could subsequently convict the defendant in light of the cross-examination testimony Cohen elicited. 

• Secured pre-trial dismissal of all allegations against mortgage broker charged in multi-defendant conspiracy with numerous counts of real estate fraud, grand theft and perjury, based upon effective pre-trial presentation indicating that client was unaware of the actions, purpose and intent of his charged co-conspirators.  All other defendants were convicted of felony conduct and sentenced to substantial custodial time.

• Following three day evidentiary hearing, Cohen obtained a suppression of six kilograms of cocaine discovered in the trunk of defendant's vehicle based upon demonstration of lack of probable cause for the arresting officer to stop and search the automobile. 

• Acquittal obtained for high-ranking business executive charged with DUI and reckless driving following speeds in excess of 70 mph on surface streets and a blood test indicating a .12 alcohol level.  Following a five day trial, the jury returned with not guilty verdicts in less than 45 minutes.

Recent Civil Trials/Matters

Over the last several years, Cohen has taken his trial and cross-examination skills into the realm of civil plaintiff's work, and has been exceedingly requested (by attorneys and parties alike) to enter a matter for the sole purpose of trying it.  As a civil trial attorney Cohen has obtained substantial jury verdicts and mid-trial settlements in matters involving breach of contract, legal and medical malpractice, business fraud, wrongful termination, personal injury, and wrongful death.  In this capacity, he has yet to lose a civil trial.

His most recent civil successes include the following: 

• Trial counsel in a wrongful death action brought on behalf of a widow whose husband had died following a routine angioplasty.  The defendant doctor, assured of his complete lack of culpability with regard to the victim's death, preceded to trial without extending any settlement offer or engaging in any meaningful settlement discussions.  The doctor miscalculated.  Called as the primary witness in the plaintiff's case, the doctor was eviscerated during Cohen's examination and was left with zero credibility in front of the jury.  The doctor's significant settlement offers began almost immediately following his examination, and the matter settled shortly thereafter for a confidential amount.

• Lead trial counsel for secretary claiming wrongful termination against employer law firm and its partners.  The law firm/partners, representing themselves, counter-claimed and refused to engage in any reasonable settlement talks.  Cohen called the defendant/lawyer as his first witness at trial.  After two days on the stand, the defendant/lawyer and his firm settled the matter, under the proviso that the settlement amount remain confidential.

• Represented Olympic Gold Medal gymnast Shawn Johnson, and obtained Temporary Restraining Order/Permanent Injunction against alleged stalker while Ms. Johnson was competing on "Dancing with the Stars."