Represented professional golfer Jesper Parnevik and two well-known real-estate developers in RICO and fraud litigation against Michael Burgess, Erwin Lasshofer, and others. Mr. Burgess is currently serving a 15-year sentence in federal prison for conspiracy to commit wire fraud and money laundering. After Mr. Burgess began serving his sentence, our clients moved for an ex parte temporary restraining order freezing Mr. Lasshofer’s international assets and requiring him to repatriate allegedly defrauded proceeds from Austria to the United States. The U.S. District Court for the District of Colorado granted the motion for a temporary restraining order, and later, granted our clients’ motion for a preliminary injunction in a published opinion. Niemi v. Burgess, 874 F. Supp. 2d 1048 (D. Colo. 2012). When it was discovered that one of Mr. Lasshofer’s entities held millions in an account at Credit Suisse in Switzerland, our clients added Credit Suisse to the lawsuit as a nominal defendant and moved for a second preliminary injunction that would freeze those funds. Credit Suisse opposed the motion, but the District Court nonetheless granted our motion and compelled Credit Suisse to freeze the millions of dollars in the Swiss bank account. On November 4, 2014, the U.S. Court of Appeals for the Tenth Circuit affirmed our clients’ judgment in the amount of $185,077,476 in a published opinion. Niemi v. Lasshofer, 770 F.3d 1331 (10th Cir. 2014). Credit Suisse moved to amend the judgment to avoid the District Court’s extension of the asset-freeze injunction to the post-judgment phase. Our clients opposed Credit Suisse’s motion, and the District Court denied the motion.
Lead counsel representing a business owner in a dispute concerning the sale of the business. After extensive negotiation, the case resolved short of arbitration.
Represented a mortgage company that brought suit for breach of fiduciary duty and tortious interference after a competitor hired away several dozen of our client’s employees. The matter was resolved short of trial.
Represented a landlord in a breach of contract dispute with a tenant. After extensive motions practice and discovery, the case settled.
Represented two financial advisers in a FINRA arbitration against a major bank concerning forgivable loan obligations. Rejecting the bank’s arguments, the panel only required our clients to repay a fraction of the loans.
Represented a businessman whose funds had been seized by U.S. customs. After several months of submissions and negotiations, we obtained release of the funds to our client.
Lead counsel representing an airline in a breach-of-contract dispute with a charter company. At a preliminary-injunction hearing in the Eastern District of New York, the defendant acknowledged its failure to perform under the contract with the airline, and the District Court entered a preliminary injunction freezing the defendant’s funds.
Represented a high-profile attorney in a fraud matter. Our client had received a security interest in funds that were also promised to a bank. The dispute resulted in a settlement.
Represented an individual in a fraud and breach of contract case in Minnesota state court. The case settled before the complaint was filed.
Represented a senior vice president of a federally-insured bank against an extensive federal indictment that alleged eight crimes against our client, including bank fraud (one count), misapplication of bank funds (five counts), and federal false statements (two counts). The Federal Bureau of Investigation (FBI) and the Federal Deposit Insurance Corporation (FDIC) jointly investigated the case, and it was prosecuted by two Assistant U.S. Attorneys from the U.S. Attorney's Office for the District of Minnesota. Mr. Thom cross examined the Government's witness from the Minnesota Department of Employment and Economic Development (DEED), and after the U.S. Government rested their case, the trial team moved the U.S. District Court to dismiss all charges against our client. The U.S. District Court Judge granted this motion in part and dismissed the two federal false-statement charges, in large part based upon Mr. Thom's cross examination of the DEED witness. The Judge submitted the remaining six charges to the jury one day later. On April 6, 2012, after four days of deliberation, the jury returned "not guilty" verdicts for each of the remaining charges, resulting in a complete victory for our client.
Represented an individual charged with domestic abuse by strangulation. After extensive motion practice, we obtained dismissal of all charges with prejudice prior to trial.
Represented an individual charged with four counts of felony theft. After negotiation, the prosecutor agreed to a stay of adjudication.
Lead counsel representing a juvenile charged with a property crime. After argument, the case was continued for dismissal.
Represented a former employee of a St. Paul company in a white-collar criminal case venued in Ramsey County. The former employee was alleged to have committed credit card fraud and theft during the time that she was employed by the company. After we obtained discovery, investigated the allegations, and filed a motion to dismiss, the State dismissed the case in May 2014. We then sought indemnification from the company on our client’s behalf pursuant to Minn. Stat. § 302A.521. The company resisted our client’s demand for indemnification and filed counterclaims against our client, making allegations that mirrored the earlier criminal allegations. The indemnification claims were resolved in a confidential settlement in December 2014.
Lead counsel representing a juvenile charged with second-degree assault with a dangerous weapon. After extensive discovery and motions practice, the prosecution agreed to a stay of adjudication.
Team member on internal investigation of former punter Chris Kluwe's release from the Minnesota Vikings. The investigation culminated in a report that remains confidential. The report was described as "thorough" by Kluwe's attorney.