Major State and Federal Trials

  • Acquittal of Richard Vitale on federal honest services charges in corruption case involving former Massachusetts Speaker of the House Salvatore DiMasi
  • Acquittal of owner of a major dairy company charged with federal conspiracy to defraud the IRS charges
  • Acquittal of Boston real estate developer on over 100 counts of federal money laundering
  • Dismissal of charges against Youngstown Ohio real estate developer alleged to have bribed and conspired with public officials
  • Acquittal of Miami criminal defense attorney on RICO conspiracy charges
  • Dismissal of bank and wire fraud charges against business owner on Speedy Trial grounds due to delay between indictment and his arrest returning to US from India
  • Representation of Vincent Ferrara, whose conviction of RICO murder was vacated on a habeas corpus petition based on a determination that the federal prosecutor had concealed exculpatory evidence from the defendant
  • Lead trial attorney in Ohio trial involving CEO charged with money laundering, bank and wire fraud which resulted in appellate decision applying the Fourth Amendment to the seizure of e-mails from ISPs

    Read more: Major State and Federal Trials

Federal and State Appeals

  • 1st Circuit Court of Appeals reversal of RICO and mail fraud convictions in a public corruption case (United States v Tavares (1st Cir, Dec. 2016))
  • Appellate reversal of a federal false statement conviction due to a "Rare application of the presumption of prejudice resulting from pervasive publicity from prior case” (US v Casellas-Toro (1st Cir, 2015))
  • Successful challenge to the Department of Justice’s reliance on the Stored Communications Act to seize the content of emails in violation of the Fourth Amendment (US v Warshak 631 F3d 266 CA 6 (2010))
  • Federal Court of Appeals reversed conviction of a leading businessman in Puerto Rico for federal programs bribery holding that gratuities cannot, legally, be the basis for such a conviction (US v Bravo Fernandez 722 F3d 1 (1st Cir, 2013))
  • Federal Court of Appeals vacated a monetary sanction imposed against a criminal defense attorney holding that there was no legal or factual basis for the imposition of the sanction (US v Agosto-Vega (1st Cir, 9-27-13))
  • Reversal of child pornography conviction based on improper admission of opinion evidence from FBI agent which prejudiced defendant’s right to a fair trial (US v Vazquez-Rivera 665 F3d 351 CA 1 (2011))
  • Vacating of convictions for concealment money laundering in an appeal from a large health care fraud conspiracy conviction (US v Faulkenberry 614 F3d 573 CA 6 (2010))
  • Vacating of a conviction for environmental violations due to violations of defendant’s Sixth Amendment right to a public trial during jury selection from which the public and family of the defendant were barred (US v Agosto 617 F3d 541 CA 1 (2010))
  • Vacating of honest services conviction as a result of instructions that impermissibly broadened the “official act” element of 18 USC 1346 (US v Urciuoli 513 F3d 290 CA 1 (2008))
  • Affirming trial court’s granting of new trial motion in mail fraud prosecution due to prosecutor’s inflammatory summation (US v Carpenter 494 F3d 13 CA 1 (2007))
  • Affirming trial court’s granting of habeas corpus relief to a RICO defendant whose decision to plead guilty to murder predicates was found to be involuntary due to prosecutor’s concealment of core exculpatory evidence (Ferrara v US 456 F3d 278 CA 1 (2006))

    Read more: Federal and State Appeals

A Legal Leader

 “The No. 1 Lawyer in the City.”

—Howie Carr, Boston Herald, 6-16-11


“Marty Weinberg…[part of a] Fourth Amendment dream team [who] understands the Constitution and the Bill of Rights still reign as the supreme law of the land.”

NACDL President Jim Lavine, 12-15-10
upon 6th Circuit ruling that protected emails
from warrantless government surveillance

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Groundbreaking Opinion

“The extension of the Fourth Amendment to emails is a groundbreaking opinion that is of pivotal importance in terms of protecting privacy in the Internet Age.”

—Weinberg quoted by AP following Warshak decision

 

“[Warshak] … may someday be seen as a watershed moment in the extension of our Constitutional rights to the Internet.”

— Law Professor Paul Ohm

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