Representative experience includes the following:
environmental consultants in three of the four criminal investigations
initiated by the State Water Resources Control Board and Attorney
General’s Office regarding allegations of fraud on the California
Underground Storage Tank Fund.
a bottling company in a federal criminal investigation into violations of
the Clean Water Act.
a hotel engineer in a federal criminal investigation into violations of
the Clean Water Act.
- Represented numerous seamen in federal criminal
investigations regarding violations of the Clean Water Act.
the victim of art fraud when he was sold a phony Picasso painting for US$2
million. By referring to the matter to the United States Attorney’s Office
for a successful criminal prosecution, and asset forfeiture seizure,
recovered more than the client’s US$2 million cash outlay.
a major international union that was fraudulently induced to enter into
more than US$25 million of over-priced office equipment leases. By
initiating a state court lawsuit was able to extricate the client from the
leases and resolve the litigation on favorable terms.
- Represented an Internet company that was the victim
of cyber-extortion when the perpetrator demanded payment of money in
exchange for not releasing company and customer trade secret information.
a chain of nursing homes in connection with a D.A.'s Office investigation
into allegations of an elder abuse homicide at one of its residences, the
related civil litigation and the related licensing investigation.
numerous physicians and other healthcare professionals in
connection with federal or state criminal investigations into
allegations of Medicare/Medical fraud or drug distribution by writing
prescriptions without medical necessity.
- Achieved a verdict after jury trial for Aetna below
the settlement offer, where the health insurer had been accused of
insurance bad faith by decedent seeking more than US$20 million.
a French investment company in connection with a U.S. Attorney's Office
investigation into allegations of fraud in connection with the purchase of
a failed insurance company, Executive Life, and related civil litigation.
a senior executive at KB Home in connection with a U.S. Attorney's Office
investigation into allegations of stock options backdating, related
Securities & Exchange Commission investigation and civil litigation.
numerous environmental consultants in criminal and civil proceedings
brought by the California State Water Resources Control Board and qui tam
whistleblowers related to allegations of fraud on the California
Underground Storage Tank Cleanup Fund
- Represented National Basketball Association player in
U.S. Attorney's Office investigation
With his substantial
trial experience, he knows how to devise winning strategies for trial and has
the judgment to know when it is best to find an alternative solution. A sample
of Mr. Mermelstein's trial and evidentiary hearing successes appears below.
complete dismissal of manslaughter charges against a motorist accused
of killing a prominent municipal employee in an alcohol-involved car
complete dismissal of all allegations of impropriety in a high stakes
child custody battle for a multi-millionaire business executive.
- Won a
hung jury verdict for ConAgra Foods, where the food manufacturer was
facing a US$40 million claim from a distributor for breach of
- Obtained numerous not guilty jury verdicts for
individuals accused of a wide array of criminal conduct.