Jason M. Ross Member

Federal Criminal Defense

Defense of surgical hospital executive in eight-week federal criminal trial involving allegations of violation of: the Federal Anti-Kickback Statute; the Travel Act's anti-bribery provisions; and federal money laundering statutes.

Trial lawyer in successful defense of a former Enron Executive Vice President charged with conspiracy, insider trading, securities fraud, wire fraud and money laundering. The Houston trial, lasting 14 weeks, resulted in acquittals and hung counts with no guilty verdicts. Extensive participation in pretrial, trial and appeals. Relevant experience included direct and cross examination of key witnesses; nationwide witness interviews; primary responsibility for key defense witnesses, including executive-level software engineers, network engineers and expert economist; oral argument on numerous motions; authorship of numerous motions and briefs; and appellate briefing, including substantive role in drafting amicus brief filed in the United States Supreme Court in co-defendant's successful challenge to retrial (Yeager v. United States, 557 U.S. 110 (2009)). Key decision making and supervisory role in coordination of evidence review efforts involving 80 million pages of electronic and paper documents and a multi-shift team of review attorneys. After appellate litigation at Fifth Circuit and Supreme Court, and on the eve of a second trial, a favorable plea agreement was reached that resulted in no incarceration.

Trial lawyer in defense of an executive charged with conspiracy, securities fraud and tax fraud. Participation included direct and cross examination of fact witnesses; cross examination of expert witness; authorship and oral advocacy on various motions, including requested jury instructions and motion to exclude expert witness; authorship of sentencing memorandum; and successful oral advocacy for a sentence significantly lower than that requested by the United States Attorney's Office.

Health Care

Defense of health insurance company in litigation brought by addiction treatment centers related to disputes over payment of claims.  Authored and participated in oral argument of Motion to Dismiss resulting in complete dismissal of all claims. 

Trial lawyer in federal criminal trial of home health care company owner charged with health care fraud and conspiracy.

Securities Litigation

Lead counsel to the Court-appointed Receiver in SEC action against an investment company and its principals charged with operating a Ponzi scheme. Advised and represented the Receiver in recovering, liquidating and distributing assets to investors. Informed the Court, through motions and hearings, on progress of asset recovery and distribution. Engaged with SEC staff, defendants' counsel and investors to locate assets of value and propose an equitable plan of distribution.

Counsel to Court - appointed SEC receiver in large-scale Ponzi scheme involving investments in oil and gas securities.

Primary lawyer in defense of a former energy company executive charged with securities fraud. Participated in investigative testimony and advocacy with SEC staff in defense of the client before a favorable settlement was reached. Defended the client in parallel civil litigation brought on behalf of investors and creditors.

Lead counsel in defense of a former officer and board member of a publicly traded company in a fraud investigation by the SEC. Participated in investigative testimony and advocacy on behalf of the client before the SEC staff. After a thorough formal investigation, the SEC declined to bring charges against the client.

Attorney in defense of a former Enron Vice President and Associate General Counsel charged with securities fraud and aiding and abetting the chairman in concealing insider stock sales. Primary author and oral advocate of major motions. Coordinated fact investigation, discovery and witness interviews before favorable settlement was reached.

Attorney defending clients in federal securities fraud lawsuit brought by investors, alleging that clients participated in a Ponzi scheme. Primary author on successful motion to dismiss, resulting in early dismissal with prejudice of virtually all conspiracy and fraud-based causes of action, and allowing clients to settle remaining claims for minimal expense.

Business Litigation

First-chair trial lawyer in defense of an energy supplement company in a two-week-long temporary injunction hearing. The Plaintiff, a competing company, alleged theft of trade secrets and tortious interference with contracts, and sought a cessation of the client's business in its valuable Asian and European sales markets. Managed four-lawyer trial team while engaged in extensive fast-track international discovery, expedited motions practice and lengthy evidentiary hearing to successfully prevent Plaintiffs from obtaining relief that would interrupt the client's worldwide operations.

Defense of manufacturing company in civil False Claims Act litigation. Author of Motion to Dismiss resulting in full dismissal of all causes of action.

Primary lawyer representing Hall of Fame basketball player in an administrative action against a major university, in which the client alleged that the university breached its contract after receiving client's marketing and public relations services. Authored Complaint, advised client on available administrative remedies, and engaged in depositions and written discovery. Favorable settlement reached before trial.