• andrew-feldman

Andrew S. Feldman

150 SE 2nd Avenue, Suite 600

Miami, FL 33131

afeldman*at*feldmanpllc.com

305.714.9474

Andrew S. Feldman is a trial lawyer who defends professionals, corporations, foreign nationals, health care providers, and health care marketers throughout the United States in government investigations from the investigative phase through trial. Chambers and Partners has described Mr. Feldman as “a great defender of his clients.” Prior to founding the Firm, Mr. Feldman worked under legendary Neal Sonnett, a nationally renowned white collar criminal defense attorney and former president of the National Association of Criminal Defense Lawyers (NACDL). 

                                                                                                                                NOTABLE VICTORIES

  • After a 4-week trial involving supposed 65 Million dollar health care fraud, obtained verdicts of not guilty on all counts and obtained complete acquittal of former owner of clinical laboratory specializing in pharmacogenomic (PGX) and COVID-19 testing accused of health care fraud, kickback, and money laundering conspiracies. Case No. 24-cr-20155-RAR (S.D. Fla.)
  •  Judgment of acquittal for owner of a clinical trial site in a multi-week trial in Miami as to the main wire fraud conspiracy charge. The DOJ alleged that client participated in multi-year fraud scheme in a clinical trial for asthma medications sponsored by Glaxo Smith Kline. The client approached the Firm and attorney Marissel Descalzo for trial. The client was the only one of Five defendants who proceeded to trial and several co-defendants testified against her at trial. Case No. 22-cr-20170-DPG (S.D. Fla.)
  • In a 6-week trial, the jury was unable to reach a verdict against the Firm’s client as to the only count in the indictment – conspiracy to commit a violation of the federal Anti-Kickback statute. The client – a career sales and marketing professional — testified at trial after his health care lawyer and former partners abandoned him and lawyered up. The case began as a 12-defendant federal Anti-Kickback statute conspiracy centered around a clinical laboratory (Vantari). The government’s theory was that marketers were paid kickbacks and certain marketers paid kickbacks to doctors to promote genetic (PGX) testing. The Firm was retained 4 months prior to trial and was required to digest Millions of pages of documents in a short time frame for trial. Case No. 19-cr-00059 (E.D. Tex.).
  • Defeated the DOJ Tax Division in a bench trial in the District of Maryland in a summons enforcement proceeding involving the reporting of foreign accounts and foreign financial assets. Case No. 17-cv-00030-PWG (D.M.D); 2019 WL 4118647
  • Obtained declination of prosecution for a group of executives of a transportation and logistics company who were designated as “targets” of a PPP fraud investigation in the Southern District of Florida. Declination occurred even though the prosecutor called numerous witnesses to the grand jury and served numerous grand jury subpoenas. 
  • Obtained declination of prosecution for a defense contractor in a defense contractor fraud investigation in the Northern District of Florida following AUSA’s representation that client would be charged with a felony. Investigation arose from Government contract awarded by the Air Force in Pensacola Florida for the construction of fencing in response to Hurricane Michael. After the criminal division declined prosecution, the civil division served the client with a CID in connection with a False Claims Act investigation. DOJ declined civil prosecution and the lead AUSA on that matter was later indicted. 
  • Obtained declination of prosecution for a career sales and marketing professional in an investigation related to violations of the Anti-Kickback statute arising from speaking fee agreements with physicians. The client’s first law firm advised the client to “take a plea” after the AUSA designated the client as a target. After retaining the Firm and after a series of meetings and presentations to the government, the Government declined prosecution.
  • Obtained declination of prosecution for co-conspirator referenced in voluminous FIFA indictment; the Government declined prosecution despite allegations in the 140-plus page indictment that co-conspirator engaged in laundering assts of several million dollars. 15-cr-00252-RJD. (E.D.N.Y.).
  • Obtained non-prosecution for former owner of pharmacy with criminal history. Client retained the Firm after he was terminated and his former co-owner began cooperating against him. Client was told to take a plea by his first attorney and was then offered numerous plea deals to health care fraud. Client rejected deals, conducted its own investigation with the assistance of former special agents, and the Firm was ready for trial. 
  • Obtained declination of prosecution for target CEO of a seafood company in connection with an investigation targeting his company for Lacey Act and FDCA violations related to the importation and sale of adulterated seafood products.
  • Obtained declination of securities fraud prosecution for target broker under investigation for securities fraud in connection with a private placement offering of securities. The client was the only person at the brokerage firm that was not included as a defendant in the indictment.
  • Managed internal investigation after Firm was retained by the Board of Directors of various compounding pharmacies in New Jersey and Alabama resulting in no criminal or civil prosecution against any board members or any of the principals of the corporate entities.  Investigation required interviews of dozens and employees and targeted potential violations of the Anti-Kickback Statute in response to execution of search warrant by 4 different federal agencies.
  • Negotiated “unprecedented” settlement with Texas Attorney General’s Office in connection with claims for rapid COVID-19 testing delivered to Texas Medicaid patients after the conclusion of the pandemic. Settlement avoided civil and criminal prosecution and exclusion. 
  •  United States v Young, 108 Fed 4th 1307 (11th Cir. 2024): Vacated Million-dollar restitution award in Anti-Kickback statute case in an opinion which represents the leading Eleventh Circuit opinion governing any restitution awards based on convictions under the federal Anti-Kickback statute. The appellate decision followed the first trial where the government alleged kickbacks in connection with the promotion and dispensing of Terocin and Lidopro creams reimbursed by the Office of Workers Compensation Program via the Federal Employees Compensation Act (FECA). After a two-week trial, the jury acquitted the client of each of the allegations related to receiving kickbacks based on percentage compensation but convicted the client of paying kickbacks. 
  • Represented former paramour of Proud Boys leader in sprawling January 6th investigation after execution of search warrant at her residence involving seizure of assets and personal property. Client’s first lawyer was ready to walk her into a felony plea. After consulting with the Firm and navigating grand jury proceedings, the government declined prosecution and the client will obtain her seized property.
  • Persuaded the Florida Attorney General’s office to vacate a warrant of arrest for an individual who had fled the country following accusations of the client’s participation in an organized scheme to defraud involving viatical settlements.
  • Obtained declination of prosecution for target company in response to a grand jury investigation in Middle District of Florida related to obtaining tax credits for renewable energy.
  • Obtained declination of prosecution for client lender in response to OIG subpoena from criminal division of Small Business Administration in connection with bank fraud investigation in Rhode Island and Massachusetts.
  • Obtained declination of prosecution for manager subject in grand jury investigation in Southern District of New York related to the notorious “Fyre Fest.”
  • Obtained declination of prosecution for target; marketer in investigation targeting violations of the Anti-Kickback statute in connection with compounding pharmacies and speaker fee arrangements.
  • Obtained a declination of prosecution for a sober-home owner in connection with state investigation into patient brokering even after state attorney threatened significant jail sentence.
  • Obtained sentence of probation for owner of pharmacy specializing in footbaths convicted of multi-million-dollar kickback conspiracy. Case No. 21-cr-00539 (E.D. Mo.)
  • Obtained a sentence of probation for podiatrist convicted of a multi-million-dollar health care fraud. despite his lack of cooperation and despite the Guidelines range which resulted in an advisory guideline of more than 5 years. Case No. 17-cr-0012-BJD (M.D. Fla.)
  • (Prior to Feldman Firm PLLC) Co-counseled trial of executive of a national HVAC company accused of committing environmental crimes in violation of Clean Air Act during which the jury failed to reach an unanimous verdict of guilty as to any of the counts. Case No. 11-cr-20653-CMA (S.D. Fla.)
  • (Prior to Feldman Firm PLLC): Assisted in defeating Argentina’s request for U.S. citizen’s extradition in proceedings before the U.S. District Court for the Southern District of Florida. Client was accused of committing political crimes in Argentina dating back to the 60s during la Guerra sucia (the dirty war). After extensive briefing, expert witness testimony and an extradition hearing, the district court denied the request. Case No. 10-mc-20559-RLD (S.D. Fla.)
  • (Prior to Feldman Firm PLLC): Represented one of the highest earning sales and marketing professional in national BlueWave and Health Care Diagnostic Laboratories/Singulex investigation related to False Claims arising from medically unnecessary cardiovascular testing and shipping and handling fees. After meetings with the Government and numerous document productions, the Government declined civil and criminal prosecution.

                                                                                                               NOTABLE REPRESENTATIVE MATTERS

  • Represented former treasurer of Venezuela under Hugo Chavez and her husband the former head of security for Hugo Chavez. The trial marked the only time a foreign official in Venezuela proceeded to trial in the United States. Case No. 18-cr-80160 (S.D. Fla.). At sentencing, the court reduced the government’s proffered bribe amount by  100 million dollars. The case was also critical for defense attorneys because trial counsel created significant precedent for dual representation. Indeed, at the urging of the government, trial counsel suffered through 3 conflict hearings and each time (first opinion, second opinion) the magistrate determined there was no conflict.
  • Co-counsel for former Special Forces veteran accused of violating the Armed Export Act and ITAR in connection with the exportation of firearms to Colombia supposedly used to assist with a coup to overthrow the Maduro government in Venezuela. The client has consistently claimed that the orders to supply firearms were from the U.S. government and he was acting at the direction of the U.S. government. Case No. 24-cr-00330 (M.D. Fla.)
  • Representing company Peruvian national in civil forfeiture action in Eastern District of New York in connection with Odebrecht global FCPA investigation. The government alleges that client laundered bribes that were intended to be paid by Odebrecht to former Panamanian president Ricardo Martinelli but which were never paid. Case No. 19-cv-00377-WFK (E.D.N.Y.).
  • Representing Ecuadorian national and insurance broker in Seguros Sucre indictment related to the payment of bribes to foreign officials in Ecuador. Case No. 22-cr-20311 (S.D. Fla.)
  • Co-counsel for former CEO of water company charged with securities fraud in supposed pump and dump scheme. Case No. 23-cr-00144 (N.D. Ohio).
  • Representing cardiology group in non-intervened False Claims Act complaint against 500 plus defendants. Case No. 18-cv-00510 (D.D.C.)
  • Represented international yacht brokerage firm in internal investigation related to potential OFAC violations and violations of IEEPA in response to government’s sseizure of the Amadea Yacht which in Fiji. Investigation involved interviews of foreign nationals, coordination with counsel in UK and Monaco, and coordination with DOJ’s Kleptocrat Task Force.
  • Represented president of online company in the largest Tianeptine smuggling prosecution in United States (a non-controlled substance). Client was sentenced to 24 months without cooperation and after violating his bond conditions when his Guidelines were more than 8 years. Case No. 19-cr-30041 (D. Mass.)
  • Represented one of the lead veterinarians in largest horse doping prosecution in U.S. history. Case No. 20-cr-00160 (S.D.N.Y.)
  • Following a trial loss, the Firm obtained a sentence for the owner of a compounding pharmacy that was more than three-times lower than the proposed plea offer of 6 plus years prior to trial and which was 3 times lower than the low-end of the Guidelines at sentencing. The client was released from prison after less than a year. Case No. 19-cr-00076 (N.D. Fla.).
  • Co-counseled trial of Mexican attorney charged with conspiring to traffic large quantity of cocaine in international drug trafficking conspiracy involving Europe, the United States, and South America, including “El Chapo” as a co-defendant; argued post-conviction motions involving complex issues of federal subject matter jurisdiction and Due Process. Case No. 11-cr-00084-JL (D. N.H.).
  • Represented U.S. citizen in extradition proceedings  arising out of allegations from the Kingdom of Thailand of kidnapping to obtain ransom. Case No. 15-cv-80944-RLR (S.D. Fla.); Case No. 16-cv-24363-JEM (S.D. Fla.).