"Regardless of the allegations or the strength of the case, every client is entitled to a fair process and protection from potential abuses by the government."

Mr. McMullen has handled more than 200 felony cases involving a variety of state and federal charges from wire fraud, insurance fraud, embezzlement, and insider trading to narcotics, weapons and racketeering offenses involving homicide. Mr. McMullen has defended clients in more than a dozen 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)
    • Insurance Fraud
    • Mortgage Fraud
    • Securities Fraud
    • Tax Fraud
    • Insider Trading
    • Theft of Trade Secrets
    • Embezzlement
    • Gambling and Gaming Offenses
    • Cyber Crime
    • RICO / Racketeering
    • Conspiracy
    • Narcotics, Firearms and Human Trafficking
  • State (California only)
    • Embezzlement
    • Gambling and Gaming Offenses
    • Insurance Fraud
    • Corporate Theft Offenses
    • Financial Crimes

 

REPRESENTATIVE CASES*

  • 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 TBD.   
  • 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, $10,000 criminal 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.

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