» Jerome J. Froelich, Jr.
Jerome J. Froelich, Jr.
1.404.881.1111 ext. 21

Other Attorney Profiles:
» William J. McKenney
» Jerome J. Froelich, Jr.
» David M. Kupsky


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 Court.

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 against them.

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 United States 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 fraud.

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.

In 2009 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 Georgia.

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.

In 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 drug investigation.

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 officer.

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.

In 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.

Jerry 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.

Jerry 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 the following:

  1. 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.
  2. Former Southeast Vice Chairman, ABA Complex Crime Committee.
  3. Instructor, Atlanta Bar Association’s College of Trial Advocacy - 1992 - 2005.
  4. Instructor, Georgia Continuing Legal Education Program - Criminal Law - 1990 -2012.
  5. Instructor, Trial Advocacy Program, Cardoza Law School, New York, New York - 1990 - 2002.
  6. Instructor, Trial Advocacy Program, Emory University School of Law - 1990 to 1994.
  7. Instructor, Georgia State University School of Law, Continuing Education Program - 1993-1999.
  8. Instructor, National Institute of Trial Advocacy - 1994.
  9. Instructor, University of Georgia School of Law - trial advocacy program for lawyers - 1997-2000.
  10. Lecturer, Tulane University School of Law - 1997 and 2003.
  11. Instructor and Member of Faculty - American Bar Association's National Institutes:

       A) RICO: The Second Stage
       B) Banks Under Attack
     
  12. One of five attorneys appointed to the American Bar Association’s Blue Ribbon Panel Overseeing ABA Post Conviction Death Penalty Representation Project.
  13. 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”.
  14. 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.
  15. 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.
  16. 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.
  17. Jerry is the local counsel for NBA’s Portland Trail Blazers.

 

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