"Regardless of the allegations or the strength of the case, every client is entitled to zealous advocacy and protection from potential abuses by the government."
Mr. McMullen has handled more than 200 felony cases involving a variety of federal charges from criminal violations of the Food, Drug, and Cosmetics Act, criminal tax violations, wire fraud, insurance fraud, securities violations and insider trading, to narcotics, weapons and racketeering offenses involving homicide. Mr. McMullen has defended clients in more than fifteen federal felony jury trials, avoiding convictions on all counts in the majority of his trials. He has petitioned the United States Supreme Court and has argued before the U.S. Court of Appeals for the Fourth and Ninth Circuits. He has represented clients in various federal district courts around the country.
CRIMINAL DEFENSE PRACTICE AREAS
Federal (nationwide)
Healthcare Fraud & Anti-Kickback Violations
Food, Drug and Cosmetics Act Criminal Violations
Insurance Fraud
Mortgage Fraud
Securities Fraud
Tax Fraud
Insider Trading
Theft of Trade Secrets
Cyber Crime
RICO / Racketeering
Conspiracy
State (California only)
Embezzlement
Gambling and Gaming Offenses
Insurance Fraud
Corporate Theft Offenses
Financial Crimes
REPRESENTATIVE CASES*
United States v. [An Individual] (C.D. Cal. 2022)
Allegations: Conspiracy to engage in healthcare fraud and to violate Anti-Kickback Statute.
Result: Pretrial dismissal of all charges in federal indictment.
People of the State of California v. [An Individual] (Sup. Ct. San Diego 2022)
Allegations: Physician accused of attempted murder and assault with a deadly weapon.
Result: Jury trial, not guilty on all counts.
U.S. Department of Justice, I.R.S., and F.B.I. Grand Jury investigation (S.D. Cal. 2021)
Allegations: Multi-agency federal investigation using grand jury subpoenas and search warrants alleging illegal international trafficking of counterfeit vehicles, wire fraud, and money laundering.
Result: Declined to prosecute. Returned all seized funds and property.
United States v. [An Individual] (S.D. Cal. 2020)
Allegations: CEO of publicly traded company accused of conspiring to engage in pump-and-dump securities fraud scheme.
Result: 0 days jail, 1 year probation, restitution.
People of the State of California v. [An Individual] (Sup. Ct. Orange County 2019)
Allegations: Insurance broker accused of orchestrating multimillion dollar fraud on life insurance companies.
Result: 0 days jail, 3 years probation, restitution.
United States v. [An Individual] (S.D. Cal. 2018)
Allegations: Stock broker accused of obtaining and trading on insider information regarding merger of public companies.
Result: 0 days jail, 5 years probation, financial forfeiture.
United States v. [An Individual] (S.D. Cal. 2016)
Allegations: Multi-agency federal criminal investigation dubbed “Crystal Palace II,” using wiretaps, undercover surveillance, search warrants, and trans-Pacific surveillance resulting in 45-person federal indictment alleging conspiracy to distribute methamphetamine.
Result: Jury trial, full acquittal.
U.S. Department of Justice, DEA, and California Department of Health Care Services investigation (S.D. Cal. 2015)
Allegations: Controlled substances violations by medical professional.
Result: Declined criminal prosecution.
United States v. [An Individual] (E.D. Mich. 2015)
Allegations: Conspiracy to steal trade secrets from a labor union.
Result: 1 day jail, 2 years probation, restitution.
United States v. [An Individual] (S.D. Cal. 2014)
Allegations: Multiple instances of mortgage fraud resulting in losses on multiple properties of over $1 million.
Result: 0 days jail, 3 years probation, no fine, no restitution.
F.B.I. and Federal Grandy Jury Investigation Re: Campaign Finance Fraud (S.D. Cal. 2014)
Result: Financial settlement with San Diego Ethics Commission, no criminal charges filed.
United States v. [An Individual] (S.D. Cal. 2014)
Allegations: Importation of 1.54 pounds of heroin concealed on body.
Result: Case dismissed.
United States v. [An Individual] (S.D. Cal. 2013)
Allegations: Importation of bulk methamphetamine valued at over $200,000, with priors. Post-trial sentencing guidelines if convicted of 30 years to life in prison.
Result: Hung jury, negotiated alternative disposition prior to retrial resulting in dismissal of narcotics charges and immediate release from custody.
San Diego Sheriff's Department Investigation Re: Corporate Embezzlement (2013)
Result: Out-of-court civil settlement, no criminal charges filed.
United States v. [An Individual] (S.D. Cal. 2012)
Allegations: Conspiracy to commit wire fraud, money laundering, mortgage fraud resulting in over $56 million of fraudulent loans underwritten.
Result: 0 days jail, 5 years probation, no fine, restitution.
United States v. [An Individual] (S.D. Cal. 2012)
Allegations: RICO / racketeering with overt acts including money laundering, extortion, and distribution of narcotics by alleged Mexican Mafia affiliates.
Result: Defeated government's motion for attribution of Career Offender status to client resulting in ~7 year sentence reduction.
United States v. [An Individual] (S.D. Cal. 2012)
Allegations: Human trafficking at sea with statutory mandatory minimum sentence of 5 years.
Result: Pretrial dismissal of all charges.
United States v. [An Individual] (S.D. Cal. 2011)
Allegations: Possession with intent to distribute approximately 335 pounds (over $3.3 million dollars) of cocaine (largest individual cocaine bust in 2011 in the Southern District of California).
Result: Jury trial, not guilty on all counts.
People of the State of California v. [An Individual] (San Diego Sup. Ct. 2011)
Allegations: Business owner alleged to have committed grand theft against employee.
Result: Criminal charges dismissed.
United States v. [An Individual] (S.D. Cal. 2011)
Allegations: Importation of bulk methamphetamine valued at over $350,000. Post-trial sentencing guidelines of 24 to 30 years prison.
Result: Jury trial, directed verdict of acquittal on all counts.
People of the State of California v. [An Individual] (San Diego Sup. Ct. 2011)
Allegations: Corporate embezzlement.
Result: Civil compromise motion granted, all criminal charges dismissed.
United States v. [An Individual] (S.D. Cal. 2011)
Allegations: Civil complaint and parallel criminal investigation involving U.S. Department of Justice - Tax Division and Internal Revenue Service alleging multiple instances of tax fraud resulting in over $10.8 million in lost tax revenue.
Result: Stipulated civil injunction, no criminal charges filed.
United States v. [An Individual] (S.D. Cal. 2009)
Allegations: International identity theft conspiracy and attempted bribery of federal officials.
Result: 3 years probation, forfeiture.
United States v. [An Individual] (S.D. Cal. 2009)
Allegations: Conspiracy to manufacture and distribute narcotics, criminal forfeiture.
Result: Criminal charges dismissed.
United States v. [An Individual] (S.D. Cal. 2008)
Allegations: Multiple instances of mortgage fraud and wire fraud resulting in losses of $3.8 million.
Result: 0 days jail, 5 years probation, fine waived, restitution.
United States v. [An Individual] (S.D. Cal. 2008)
Allegations: Human trafficking resulting in death (death penalty eligible offense).
Result: After motion to suppress confession, alternative disposition resulting in time-served misdemeanor offense and dismissal of death-penalty-eligible felony, immediate release of client.
United States v. [An Individual] (S.D. Cal. 2007)
Allegations: Importation of bulk narcotics.
Result: Case dismissed.
United States v. [An Individual] (S.D. Cal. 2007)
Allegations: Importation of bulk narcotics.
Result: Jury trial, not guilty on all counts.
United States v. [An Individual] (S.D. Cal. 2007)
Allegations: Importation of bulk narcotics.
Result: Jury trial, not guilty on all counts.
United States v. [An Individual] (S.D. Cal. 2007)
Allegations: Importation of bulk narcotics.
Result: First jury trial, hung jury. Second jury trial, not guilty on all counts.
United States v. [An Individual] (S.D. Cal. 2007)
Allegations: Importation of bulk narcotics.
Result: Jury trial, not guilty on all counts.
*Any prior results described on this website do not guarantee a similar outcome in a similar case. The facts and circumstances of every case are unique.