David L. Botsford

Representative Jury Trials:

Acquittal of doctor indicted in federal court for 16 counts of health care fraud.

Acquittal of tax return preparer indicted in federal court for 4 counts of aiding and abetting the preparation and filing of false income tax returns.

Acquittal of banker indicted in federal court on seven counts of fraud but also convicted on
conspiracy, false statements and fraud;

Conviction of prominent rancher/oil man for conspiracy and mail fraud after district court granted acquittal on bribery charge;

Acquittal of lawyer indicted in federal court for 7 counts of RICO, extortion and bribery.

Acquittal of doctor indicted in federal court of 3 counts for making false statements.

Acquittal of lawyer indicted in federal court for 19 counts of wire/mail fraud.

Acquittal of oil executive indicted in federal court for bribery.

Acquittal of lawyer indicted in state court for aggravated sexual assault.

Conviction of husband indicted in state court for murder of his ex-wife;

Acquittal of lawyer indicted in state court for engaging in organized criminal activity.

Representative Dispositions Without Trials:

Pretrial diversion for dentist indicted for alleged violations of the Medicaid anti-kickback statute.

Civil agreement for doctor in lieu of federal indictment for alleged violations of the FDA.

Closure of federal investigation of citizen’s alleged evasion of the payment of his income tax.

Closure of federal investigation of citizen’s alleged failure to accurately file income tax
returns.
 
Closure of state investigation of corporate employee for alleged violations of State environmental laws.

Closure of state investigation of lawyer for alleged misapplication of fiduciary property.

Closure of state investigation of citizen’s alleged failure to register as a sex offender.

Closure of state investigation of lawyer’s alleged aggravated sexual abuse.

Closure of state investigation of corporate employee’s alleged involvement in illegal
campaign contributions.

Representative Appellate Decisions:

United States v. Ramos, 537 F.3d 439 (5th Cir. 2008)(setting aside convictions on obstructionof justice but affirming convictions on civil rights violations of a federal border patrol agent);

United States v. Hill, 19 F.3d 984 (5th Cir. 1994)(setting aside suppression ordered by districtcourt of seizure of records from lawyer’s office);

In re Auclair, 961 F.2d 65 (5th Cir. 1992)(reversal of order directing attorney to testify toprivileged communications pursuant to a joint defense privilege);

United States v. Dahlstrom, 713 F.2d 1423 (9th Cir. 1984)(granting acquittal on conspiracyto impair and impede the IRS and substantive count of aiding and assisting in preparation andfiling of false tax return);

United States v. Enstam, 622 F.2d 857 (5th Cir. 1980)(affirmance of conviction of lawyer forconspiracy to impair and impede the IRS);

State v. Ford, 179 S.W.3d 117 (Tex.App.-San Antonio, 2005, pet. ref’d)(affirmance of trialcourt’s order dismissing ten indictments against lawyer charging him with misuse of official information);

Ex parte Richardson, 70 S.W.3d 865 (Tex. Crim. App. 2002)(habeas corpus relief grantedto death row inmate due to suppression of exculpatory evidence);

Cisneros v. State, 915 S.W.2d 217 (Tex. App.-Corpus Christi, 1996, pet. ref’d)(acquittal onappeal for capital murder);

Ex parte Mitchell, 853 S.W.2d 1 (Tex. Crim. App. 1993)(habeas corpus relief granted todeath row inmate due to suppression of exculpatory evidence);

Skelton v. State, 795 S.W.2d 162 (Tex.Crim.App. 1989)(acquittal on appeal of death row inmate);
Stearnes v. Clinton, 780 S.W.2d 216 (Tex.Crim.App. 1989)(setting aside trial court’s orderdisqualifying defense counsel in a capital murder case).