Representative Matters

  • Defense of the BP Deepwater Horizon oil spill indictment in United States v. Kaluza, defeating all charges. First, won dismissal of federal manslaughter charges on a “motion to dismiss” that was then affirmed on appeal in the Fifth Circuit. Then, won acquittal of oil pollution charges in jury trial in federal court in New Orleans. Read more about David and his co-counsel in the case in The Wall Street Journal, Houston Chronicle, and two pieces in Texas Monthly.
  • In 2015/2016, Samy helped to win the dismissal of “manslaughter” charges arising from the BP Deepwater Horizon oil spill – partly on arguments that the “manslaughter” statute in question did not apply “extraterritorially,” that is, not on a rig located in international waters, 50 miles offshore.
  • Represented several individuals in the investigation of the incident that occurred aboard the Deepwater Horizon in April 2010. None was charged.
  • Defended Iranian-American in trade sanctions case who received Presidential Pardon in so-called Iranian “prisoner exchange” in 2016.
  • Acquittal in the “Marine Hose” International Price Fixing trial in West Palm Beach, Florida.
  • Successful defense of one of the largest will contests in Texas history.
  • Dismissal before trial of an indictment alleging commodities “manipulation.”
  • Dismissal of all charges in the “Spring Shadows” psychiatry fraud trial after six months of trial.
  • The successful “Ahmad” Clean Water Act appeal, establishing that pollution is not a strict liability crime.
  • Dismissal of a federal mortgage fraud indictment before trial.
  • On appeal, reversal of the 24 year prison sentence of Dynegy‘s Jamie Olis and, at new sentencing hearing, an 18-year reduction.
  • Successful defense of executives in stock options dating investigations.
  • Successful representation of many executives in investigations by government agencies (DOJ, SEC, IRS, EPA, CFTC, FERC, Texas Attorney General)concerning areas such as FCPA, environmental, tax, commodities trading, antitrust and trade sanctions in which prosecution was declined or no charges filed.
  • Defense of the Iraq “Oil-For-Food” Investigation.
  • Represented the CFO of Enron throughout civil, criminal, SEC, Congressional, and media crises after the company‘s collapse.
  • Successful defense of corporate officers in the investigation of the Stanford Financial Group.
  • Assisted individuals in several, separate investigations of suspected Foreign Corrupt Practices Act (FCPA) violations in Nigeria, Angola, and Azerbaijan.
  • Defended one of three British citizens in the first prosecution that was filed following Enron’s collapse. Resolution of the case involved coordinating the transfer of the defendants to Britain with the U.S. Department of Justice’s Office of Enforcement Operations (OEO) and the British Ministry of Foreign Affairs.
  • Successful defense of the target of an investigation into the reporting and auditing of the oil and natural gas reserves of a publicly traded company.
  • Represented an individual in a theft of trade secrets matter involving the global computer-chip manufacturing industry. No charges were filed.
  • Defended a natural gas trader in a civil enforcement action brought by the Commodity Futures Trading Commission (CFTC) under the Commodities Exchange Act (CEA).
  • The defense of a senior executive in the investigation of the Dynegy—Project Alpha matter resulting in no charges being filed.
  • Jury acquittal on bank fraud. A related false statement charge was reversed on appeal.
  • Successfully defended a group of hotel owners in a civil asset forfeiture proceeding. The government sought to divest the owners of their interest in the hotel based on its patrons’ conduct and an alleged lack of security. The case was ultimately cited before Congress as an example of government overreach.
  • Successful defense of a businessman in a Foreign Corrupt Practices Act (FCPA) investigation by DOJ concerning transactions in the Middle East.
  • In 2016, won a rare dismissal of all charges in an indictment alleging “money laundering” concerning international sales of cosmetic goods to Mexico. The federal court found a statute-of-limitations violation.
  • In SEC civil action, successful defense of Noble oil-drilling executive charged with violating the Federal Corrupt Practices Act (FCPA) in Nigeria.
  • In federal civil case, successful defense of KBR employees accused of major crimes at military-contractor base in Iraq.
  • Defense of the “IFCO” immigration-hiring case, resulting in the DOJ‘s dismissal of all felony charges against the company‘s Vice President for Human Resources.
  • Federal acquittal at trial of charge alleging assault of a flight attendant.
  • Representation of major US companies in civil and criminal investigations by the Texas Attorney General‘s Office. One criminal investigation alleged bribery of state officials to secure a lucrative construction contract—no charges were brought. A civil case involved “consumer fraud” allegations by a major retailer of home goods.
  • Successful representation of individuals and businesses in white-collar investigations by the Harris County District Attorney‘s Office, including environmental and commercial bribery cases.
  • Civil DOJ investigation involving the hiring of “H2B” visa workers from Mexico.
  • Representation of pharmacy in False Claims Act case in the Western District of Texas.
  • Internal investigation of federal employment-discrimination claims on behalf of national home-improvement company accused of violations by the EEOC.
  • Dismissal of numerous federal criminal cases after filing “motions to suppress” evidence.
  • Clemency petition on behalf of federal defendant who received 20-year mandatory minimum sentence. In 2016, the President of the United States granted clemency, and the sentence expired after completion of a one-year residential drug treatment program.
  • Federal and state habeas appeal of Texas death-penalty case—Samy has uncovered hidden evidence and is litigating for a new trial. Read more about this case in the Houston Chronicle (October 3, 2018; April 2, 2012) and The New York Times.
  • Represented owner of energy trading firm in CFTC investigation; no enforcement action was taken.
  • Represented Japanese executive in DOJ price-fixing investigation; no charges were filed.
  • Represented area hospital in parallel civil and criminal investigations of potential kickbacks; no case was brought.