Jerome J. Froelich Jr., "Jerry", specializes in criminal and
civil trials and appeals. The majority of his practice
is a criminal trial practice in federal district courts.
Jerry has tried over 100 jury trials, including numerous
criminal RICO, drug conspiracy and white collar crime
cases. Jerry specializes in representing professionals,
including physicians, attorneys, accountants,
professional athletes and business people, against
allegations of mail fraud, wire fraud, RICO, tax fraud,
securities fraud, health care fraud, child pornography,
government contract fraud, antitrust, mortgage fraud and
drug charges. He has been lead counsel in numerous civil
RICO cases and in three class actions. Jerry has
briefed, argued and won numerous cases in various United
States Circuit Courts of Appeals and the Georgia Supreme
As can be seen below, from a sample of the cases
in which he has represented various clients, Jerry is
not only a successful trial and appellate lawyer, but
also has an unique ability to convince prosecutors
either not charge his clients or to reduce the charges
Jerry is presently representing Mr. Robert Maegerle, a former DuPont employee, in federal court in
San Francisco against charges of the theft of trade
secrets. He also represents author Mitchell Gross on
federal fraud charges in Atlanta and represents several
targets of insider trading investigations being
conducted by the Securities and Exchange Commission.
Recently, Jerry convinced the United States Attorney’s office for the Southern District of Georgia to
decline to prosecute the vice president of a large
corporation after several years of investigating alleged
misappropriation of corporate assets. Jerry represents
the Relator in one of the largest federal qui tam
actions ever filed. The case, United States of America
ex rel. Kamal Mustfa Al-Sultan v. The Public Warehousing
Company -K.S.C. et al., Civil Case No. 1:05-CV-2968- RLV,
involves allegations of over a billion dollars in
military contract fraud.
In 2011 Jerry won two cases in
the Eleventh Circuit Court of Appeals, United States v, Kotttwitz, et al., a tax fraud case, and
v. Les Rector, et al., the largest mortgage fraud case
brought in the Northern District of Georgia. He also
represented actor Wesley Snipes on appeal of his tax
conviction. Jerry successfully represented a vice
president of an international construction company
against allegations of bribery and government contract
In 2010, Jerry convinced prosecutors not to
charge doctors he represented in two separate health
care fraud investigations. Jerry persuaded prosecutors
not to indict his client, the Chairman of the Board of
Directors of the Cobb Electric Company, who was the
target of a major fraud investigation. He also convinced
prosecutors not to indict an executive of a nonprofit
organization who was the target of federal investigation
concerning mail and wire fraud allegations. Jerry had
assault charges against NBA star Kwame Brown reduced to
misdemeanors. Jerry had drug charges dismissed against
former NFL star running back Jamal Anderson.
Jerry convinced the United States Attorney’s office in
Mississippi to dismiss an indictment against his client,
which indictment alleged the bribery of the governor and
a $40 million fraud. In exchange, Jerry’s client entered
a plea to a false statement charge and received a 15
month sentence. He also convinced the Gwinnett County District Attorney’s office to dismiss eight felony
fraud charges against the leader of the Hindu Temple of
Some of Jerry’s other notable cases in his
criminal defense practice are; Jerry represented NFL
star running back Jamal Lewis, who was charged in
federal court in Atlanta with a conspiracy to distribute
cocaine. Jerry represented the CEO of a major
corporation being investigated in a $100 million dollar
fraud case. No charges were brought in that case.
April 2006, Jerry won the acquittal of former Atlanta
Mayor Bill Campbell of federal RICO and bribery charges.
Also in 2006 Jerry convinced the United States
Attorney’s office in Iowa not to prosecute the owner of
a large online pharmacy. In August 2005, a jury
acquitted Jerry’s client of all charges, including
felony murder, in State of Georgia v. Ra Wu. In 2004,
Jerry convinced the United States Attorney’s office for
the Eastern District of Virginia not to charge his
client, who was the target of an online prescription
Jerry defended the Banco de
Occidente, a Columbian bank indicted for laundering $1.2
billion dollars in drug money. Jerry successfully
represented the Gulf Power Company in a federal
investigation concerning alleged illegal political
campaign contributions, and successfully represented the
Georgia Power Company in a $146 million tax fraud
investigation. He also successfully represented the
Southern Company in a corrupt foreign practices
investigation by the SEC. In United States v. Drougul,
et. al., Jerry represented an officer of the Atlanta
branch of an Italian bank, Banco Nationale Lavoro, who
was charged with taking bribes in return for making $3.7
billion dollars in improper loans to Iraq. Jerry was
able to negotiate a sentence of probation for the bank
In United States v. Mac Wilbon, et al., Jerry
represented a prominent Atlanta businessman accused
in federal court of conspiring with four others to pay
$2 million dollars in bribes to the Commissioner of the
Atlanta Airport. Jerry’s client was acquitted of all 133
counts. All other defendants were convicted of all
counts. A portion of Jerry’s closing argument in that
case is quoted in the book In The Interest Of Justice,
which features the great opening and closing arguments
of the last 100 years.
In November 1998, Jerry convinced
the United States Attorney in Miami to dismiss a
twenty-two count money laundering indictment against his
client, an officer of a major corporation. That same
month Jerry won summary judgment in the Eastern District
of Louisiana in a $13 million dollar forfeiture brought
by the United States against Jerry’s client. In the Gold
Club case, a federal RICO case in Atlanta, Jerry
convinced the United States Attorney to dismiss all
charges against his client after an indictment had been
returned by a grand jury. In United States v. $227,480,
a criminal forfeiture action, Jerry won a summary
judgment motion and the return of the cash seized from
his client. Jerry represented Atlanta attorney Fred Tokars, who was charged in both federal and state courts
with money laundering and the murder of his wife.
United States v. Willis, the jury acquitted Jerry’s
client of most charges and was unable to reach a verdict
on the remaining charges. All the charges involved 800
pounds of cocaine seized in a vehicle in the driveway of
the client’s home. In State of Georgia v. Curry, Jerry
won a not guilty verdict for his client who was charged
with possession of 5 kilograms of cocaine seized in the
trunk of the client’s automobile.
Jerry has argued over
30 appellate cases. Besides his two most recent
victories in the Eleventh Circuit, some of Jerry’s other
appellant victories are; in 2007 Jerry convinced the
Georgia Supreme Court in State of Georgia v.
McKinney, 647 S. E. 2d 44 (2007) to dismiss a 29 count
indictment charging Jerry’s client with violations of
Ethics in Government Act; Emmanuel v. State of Georgia,
403 S. E. 2d. 899 (1991), changed the law of entrapment
in Georgia; United States v. $38,000, 816 F. 2d. 1538
(11th Cir. 1987), changed federal forfeiture procedures;
United States v. Copeland, 591 F. 3d. 1340 (11th Cir.
1998), limited the government’s use of 18 U.S.C.§ 666;
Hughes v. Bowers, 893 F. 2d. 348 (11th Cir. 1989), set
the standard of review concerning exculpatory evidence
in habeas corpus cases. Jerry wrote the brief in Decatur
Auto Center v. Wachovia Bank, NA, 583 S. E. 2d. 6
(2003), which changed the law of conversion in Georgia.
In civil litigation Jerry won a $12.5 million dollar
settlement in the civil RICO case of Kleiner and
Morosani v. First National Bank of Atlanta, 751 F. 2d.
1193 (11th Cir. 1985). He won a $2.4 million dollar jury
verdict against Marine Midland Bank in federal court in
Pittsburgh. The above litigation, along with twenty
other cases Jerry either won or settled against major
banks, changed the definition of the term Prime Rate in
the banking industry. In 1997 Jerry won a $3 million
dollar settlement of a scalping claim against the
Atlanta Olympic Committee for overcharging on event
tickets. He also won a $2 million dollar settlement
against First Union National Bank for the manner in
which it computed interest on checking accounts.
graduated from Spring Hill College in Mobile, Alabama
and from Seton Hall University School of Law in Newark,
New Jersey. He is a former Assistant Essex County
Prosecutor in Newark, and a former Assistant United
States Attorney for the Northern District of Georgia.
While he was a federal prosecutor, the Justice
Department appointed Jerry as a Special Assistant United
States Attorney for the District of South Dakota and
later for the Eastern District of California.
has lectured to various bar association, including the
American Bar Association, Georgia Bar Association, The
Georgia Association of Criminal Defense Lawyers, The
Ohio Association of Criminal Defense Lawyers, and The
National Association of Criminal Defense Lawyers. He has
taught litigation programs at Emory University School of
Law, Georgia State Law School, University of Georgia
School of Law, The Benjamin Cardoza School of Law and at
Passau University in Germany.
Jerry has provided legal
commentary and analysis for CNN, ESPN, NBC, CBS, ABC,
and all local radio and television stations in Atlanta.
He has had articles written about him and his cases in
People Magazine, The New York Times, The Atlanta
Journal/Constitution, The Atlanta Business Chronicle,
The Atlanta Magazine, The Wall Street Journal, Newsweek,
The Journal of the American Bar Association, The Fulton
County Daily Report, Seasons Magazine, and Redbook
Magazine. Further, Jerry is featured in several books,
including Secrets Never Lie; The Tallapoosa Pipeline
Case; In The Interest Of Justice; and Washed In Gold.
Atlanta Magazine annually names Jerry one of the top
criminal defense attorneys in Georgia and has referred
to him as “The Defense Genius”. For the last fifteen
years Jerry has also been honored as one of the best
criminal defense attorneys in America. Martindale Hubell
has given Jerry its highest rating.
Jerry is admitted to
practice in the states of New Jersey and Georgia. He is
admitted to practice before Supreme Court of the United
States and the First, Third, Fourth, Fifth, and Eleventh
United States Circuit Courts of Appeal. He has tried
cases in 30 states.
Jerry was appointed by the
District Court to be President of the Board of Trustees
of the Federal Public Defender Program for the United
States District Court for the Northern District of
Georgia from 1998 to 2000. He is presently a Vice
President of the American Board of Criminal Lawyers. He
also serves on the panel which appoints the Fulton
County Public Defender.
Jerry’s background also includes
- Jerry has been admitted to state
and/or federal courts on a pro hac vice basis in
Alabama, Arkansas, Arizona, California, Connecticut,
Florida, Illinois, Indiana, Iowa, Kentucky, Louisiana,
Maine, Massachusetts, Michigan, Minnesota, Mississippi,
Nevada, New Mexico, New York, North Carolina, Ohio,
Pennsylvania, South Carolina, South Dakota, Tennessee,
Texas, Virginia, and Wisconsin.
- Former Southeast Vice
Chairman, ABA Complex Crime Committee.
Atlanta Bar Association’s College of Trial Advocacy -
1992 - 2005.
- Instructor, Georgia Continuing Legal
Education Program - Criminal Law - 1990 -2012.
- Instructor, Trial Advocacy Program, Cardoza Law School,
New York, New York - 1990 - 2002.
- Instructor, Trial
Advocacy Program, Emory University School of Law - 1990
- Instructor, Georgia State University School
of Law, Continuing Education Program - 1993-1999.
- Instructor, National Institute of Trial Advocacy - 1994.
- Instructor, University of Georgia School of Law -
trial advocacy program for lawyers - 1997-2000.
- Lecturer, Tulane University School of Law - 1997 and
- Instructor and Member of Faculty - American
Bar Association's National Institutes:
A) RICO: The
B) Banks Under Attack
- One of five
attorneys appointed to the American Bar Association’s
Blue Ribbon Panel Overseeing ABA Post Conviction Death
Penalty Representation Project.
- Jerry is listed in
the "The Best Lawyers in America" and the "National
Directory of Criminal Lawyers". Atlanta Magazine has
named Jerry a “Super Star Attorney”.
- Jerry was the
on air legal consultant for WGST radio in Atlanta for
State v. Williams, the missing and murdered children
trial. He has also been the on air legal consultant for
Channel 11, the NBC affiliate in Atlanta, and CNN in the
case of State of California v. O. J. Simpson. Jerry has
appeared as a legal expert on all the Atlanta television
stations and radio stations. Jerry has also appeared on
CNN, ESPN, Sixty Minutes, Dateline, Hard Copy, A&E, City
Confidential and Inside Edition.
- Jerry was the first
criminal defense attorney invited to teach at the United
States Department of Justice’s Trial Advocacy School in
Columbia, South Carolina.
- Jerry accompanied Charles
Michael Butler, President Ronald Reagan’s nominee to be
the Chairman of the Federal Energy and Regulatory
Commission, to his hearing before a committee of the
United States Senate. Mr. Butler was unanimously
affirmed by the Senate.
- Jerry is the local counsel
for NBA’s Portland Trail Blazers.