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Representative Criminal and Civil Cases

Description of Representative Criminal Cases Handled as Lead Counsel for Various Clients:

Healthcare Fraud

United States of America v. Eleazar (Eli) Garcia, et. al., Cause No. C-09-236 (SS) (4), in the United States District Court, Southern District of Texas, Corpus Christi Division. This case consisted of a twenty (20) count indictment charging four (4) defendants with conspiracy to defraud health care programs and substantive counts of health care fraud involving Medicare, Medicaid, and an insurance company health care benefit program. Result: After a two week trial in the United States District Court (February, 2010), the case resulted in a not guilty on all counts as to the defendant represented by Paul Kratzig.

Environmental

United States v. Corpus Christi Day Cruise, Ltd., in the United States District Court, Southern District of Texas. This case involved representation of the operator of an ocean-going vessel charged with obstruction of justice arising out of a U.S. Coast Guard inspection of vessel for environmental violations. Result: Pursuant to separate plea agreements, the vessel's chief engineer, represented by other counsel, entered a plea of guilty to making false statements to federal agents (18 U.S.C. 1001), and the vessel operator, represented by Paul Kratzig, entered a plea to obstruction arising out of conduct of Chief Engineer. The plea was entered under terms satisfactory to vessel operator, and the General Counsel for the vessel operator is available for reference if desired.

Conspiracy, Mail Fraud, Wire Fraud, Money Laundering

United States v. Isaac Anthony, in the United States District Court, Southern District of Texas. This case involved a 55 count indictment of a CPA that alleged, among other things: mail fraud, wire fraud, conspiracy to defraud the United States, money laundering, obstruction of justice, and theft from the United States in connection with defense department contracts. Result: After a three (3) week jury trial before the Honorable Hayden W. Head, Jr., the defendant was found not guilty on all counts.

United States of America vs. James T. Hickey and Bradford M. Condit, in the United States District Court, Southern District of Texas, Corpus Christi Division . This case was a high profile multi-count prosecution involving county sheriff and his attorney alleging conspiracy (18 U.S.C. 371); allegations of theft relating to handling of drug forfeiture funds (18 U.S.C. 666(1)A)). Result: After a three week jury trial before the Honorable Hayden W. Head, Jr., both defendants were found not guilty on all counts.

Bribery and Theft By Government Official

United States of America v. Ramon Navarro, Jr.,

in the United States District Court for the Southern District of Texas, Corpus Christi Division. This was a multi-count indictment with allegations of bribery by a government official in connection with his approval of disaster relief payments. Result: After a one week jury trial before the Honorable Janis Jack. The defendant was found not guilty on all counts.

Tax Statutes

United States of America vs. Freddie Richard Martinez, Freddie Richard Martinez, Jr., Lee S. Martinez. in the United States District Court, Southern District of Texas, Corpus Christi Division. This case involved a multi-count indictment alleging conspiracy and violations of felony tax statutes. Result: case dismissed as to all counts against all defendants within a week of the scheduled trial date after Kratzig and counsel for other defendants made a calculated presentation to the prosecution of defects in Government's case.

Conspiracy, Mail Fraud, Violations of Marine Mammal Protection Act, Endangered Species Act and Lacey Act

United States v. Jerome Knap and Halina Knap, in the United States District Court, Southern District of Texas. The defendants were each charged in a five (5) count indictment alleging felony conspiracy (18 U.S.C. 371), mail fraud (18 U.C. 1341), violations of Marine Mammal Protection Act, Endangered Species Act, and violations of the Lacey Act (16 U.S.C. 3372). Result: After a two to three week trial, both clients (one represented by other counsel and one by Paul Kratzig) were acquitted on the felony counts, but convicted on the misdemeanor statutes-a victory under the circumstances.

Securities Fraud

Thomas v. State of Texas, 65 S.W.3 rd 38 (Tex. Crim. App. 2001): Paul Kratzig handled the appeal only in this case after the defendant had been convicted of felony securities fraud in district court, Dallas County. The case involved preparation of appellate briefs and arguments in the Court of Appeals and before the Texas Court of Criminal Appeals after the State was granted its petition for discretionary review. After two reversals of conviction before Dallas Court of Appeals and one remand by the Texas Court of Criminal Appeals, the Court of Criminal Appeals finally ruled in favor of the defendant and upheld the reversal of conviction-i.e., the defendant was effectively acquitted. The case resulted in an amendment to the Texas Securities Statutes.

Investigations where allegations of environmental criminal laws were made that did not result in indictment.

Paul Kratzig has provided representation to owners and operators of ocean-going vessels and companies (both American and foreign owned) and their officers in connection with investigations by U.S. Coast Guard officials and other governmental agencies (e.g., the Texas General Land Office and Texas Commission on Environmental Quality). These situations typically have included allegations by the Government officials of violations of various environmental statutes and regulations (e.g., the many statutes and related treaties designed to protect the marine environment). Such matters often include allegations of violations of the many record-keeping requirements and the related criminal penalties for failure to properly maintain such records. It is also characteristic of such investigations that the Government agents/attorneys target employees for the making of false statements or obstruction of justice. The investigations frequently have involved, among other things, the detention of vessels and crew (as material witnesses) and the requirement for criminal bonds to secure the release of vessels. In most of these situations, the allegations were resolved without criminal charges being filed. Virtually all of these matters required the study and comprehension of mechanical and/or chemical configurations relating to the subject matter of the investigation. When needed, Kratzig assembled a team comprised of other counsel and qualified technical experts in order to marshal the needed defenses and rebut the allegations. Civil counsel for these clients are available for reference if desired.

The Firm has Represented the Following in Civil Matters:

Civil Matters: Nueces County, Texas; H & S Constructors, Inc.; Morton International, Inc.; Arrow Drilling Company, Inc.; Bank One Texas, N.A.; Onyx Pipeline Company; Oryx Energy Company; Amerada Hess Corporation; Burlington Resources, Inc.; Pennzoil Company; Louisiana Land & Exploration Company; Union Pacific Resources Company; Hesco Gathering Company, L.L.C.; Herradura Petroleum, Inc.; Trijon Exploration, Inc.; JLC Enterprises, Inc.; National Energy Group, Inc.; Rainbow Investments Company; Brazos Resources, Inc.; Enhanced Energy Partners Corporation; Superior Crude Gathering Inc., Third Coast Towing, LLC; and various other individuals and independently owned businesses.

Contact

The Kratzig Law Firm
615 N Upper Broadway St.
Suite 900
Corpus Christi, TX 78401

Phone: 361-888-5564
Fax: 361-888-5366
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