ThemeVision LLC - Trial Consultants
 
       
 
 
         
     
   

  White Collar Criminal Defense

   Representative Experience

White collar criminal prosecutions are on a sharp rise today. When they happen, the stakes can be enormous for companies and their employees.

ThemeVision's trial consultants work with individuals, corporations, and their counsel to understand the lens through which jurors and judges may view particular allegations of criminal conduct. ThemeVision's trial consultants and graphic artists have assisted clients in connection with state and federal prosecutions across a variety of differing criminal allegations. In preparing for jury trials, ThemeVision's trial consultants employ a variety of social science methodologies (including focus groups, mock trials, telephone surveys, internet surveys, and other methods) to assist criminal defense teams with developing effective themes, arguments, demonstrative evidence, and jury selection strategies.

 
Social Security Fraud Case- Nebraska
Assisted with theme development, witness preparation, and development of demonstrative exhibits in a criminal matter involving allegations of defrauding the Social Security Administration by helping an employee conceal earnings. The case was tried to a jury in the District of Nebraska.
Automotive Parts Antitrust Jury Trial- Ohio
Provided extensive consulting for the defense in a three-week, criminal antitrust jury trial in the Southern District of Ohio. The government alleged that a Japanese auto parts manufacturer and its US subsidiary conspired with others to fix prices and rig bids. Our efforts included a mock trial study, ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: The jury found both defendants not guilty even though alleged co-conspirators pled guilty and testified as government witnesses. The verdict averted multi-million dollar fines.
MDL Class Action Antitrust Case- Ohio
Provided extensive consulting for the defense in a MDL class action antitrust case in the Northern District of Ohio involving allegations that a conspiracy among the defendants caused the plaintiffs to overpay for certain commodity supplies necessary for the operation of their businesses. Our efforts included a ThemeTesting® focus group study, a mock trial study, development of demonstrative exhibits, theme development, and development of a juror profile and voir dire questions. Result: A favorable settlement for our client was reached before trial.
Alleged Fraud and Conspiracy Relating to Government Contract- Indiana
Provided extensive consulting to the defense in preparation for an 8-day federal jury trial in the Northern District of Indiana. The case involved 13 felony counts, including charges of bank, mail, and wire fraud and conspiracy relating to a significant real estate transaction that was part of a larger government contract for real estate services. A month before trial, a co-defendant pleaded guilty to one count of wire fraud and agreed to cooperate with the government. Our efforts included ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: After eight hours of deliberation, the jury found both defendants not guilty on all counts.
Clean Water Act Jury Trial- Indiana
Provided extensive consulting on behalf of the defense in preparation for a two-week, federal jury trial in the Northern District of Indiana. The case involved allegations that one of the country’s largest wastewater treatment companies and two of its top managers had tampered with wastewater monitoring methods, thereby violating the Clean Water Act. Our efforts included mock trial work, ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: The jury found all three defendants not guilty on all counts. The verdict represents a complete vindication for the company and the accused individuals. The verdict also avoided multi-million dollar fines and penalties to the company, as well as possible imprisonment for the employees, and it prevented a potentially business-ending debarment from future water treatment business within the United States.
False Claims Act and Wrongful Discharge- Indiana
Provided theme development and strategy consultation to the defense in a matter in which a former employee alleged that his termination violated the federal False Claims Act. Specifically, the former employee alleged that he was fired in retaliation for his effort to stop one or more alleged violations of the FCA. We consulted with the defense on themes and arguments likely to resonate with a jury in the Southern District of Indiana, Indianapolis Division, as well as on trial presentation strategies. Summary judgment was granted in our client’s favor shortly before the scheduled trial date.
Criminal Bid-Rigging Trial- Kentucky
Provided extensive consulting on behalf of the defense in preparation for a three-week, federal, jury trial in a case involving bids submitted to the Kentucky Transportation Cabinet for highway construction contracts. The United States accused the defendants of conspiracy, bribery, and obstruction of justice. Our efforts included multiple phases of consulting and research, including community attitude surveys, ThemeTesting® focus group studies, development of demonstrative exhibits, theme development, development of a juror profile, and assisting with jury selection. Result: After about eight hours of deliberation, the jury found both defendants not guilty on all counts.
Criminal Commodities Fraud Case- Texas
Conducted a multi-day ThemeTesting study in Houston on behalf of the defense. The United States had alleged that several professional commodities traders had entered into an illegal conspiracy to manipulate and corner a particular energy commodities market.  A three-day ThemeTesting® focus group study was conducted, which assisted the trial team with case assessment and the development of case presentation strategies. Based on dispositive motion practice, the case was dismissed after the study and shortly before the scheduled federal jury trial.
Criminal Fraud Trial- Florida
Developed demonstrative exhibits for use at trial in the U.S. District Court for the Northern District of Florida.  The matter involved a 24-count fraud indictment.
Criminal Securities Fraud Matter- New York
Conducted a ThemeTesting focus group study in Manhattan in a criminal matter involving allegations of securities fraud.  The results of the study assisted the trial team with identifying persuasive evidence and evaluating the risks associated with trial.  The case was ultimately tried to a jury in the Southern District of New York.
Criminal Tax Fraud Case- Indiana
Assisted with jury selection, witness preparation, and development of demonstrative exhibits in a criminal matter involving allegations of tax fraud, which was tried to a jury in the Southern District of Indiana, Indianapolis Division.
Alleged Illegal Possession of Firearms- Kentucky
Developed juror profile and proposed voir dire questions in a criminal matter involving alleged violations of a federal statute restricting the possession of certain firearms and weapons. 
Criminal Election Fraud- Kentucky
Conducted a mock briefing project in which draft and actual appellate briefs were sent to a panel of former appellate judges in advance of filing with the court.  The appellate judges were surveyed regarding their reactions to the briefing and participated in a moderated conference call to further share their thoughts and opinions regarding the briefs.  The comments of the panel of former judges were evaluated by ThemeVision and by the legal team, with many of the judges' questions and comments being addressed in the briefing that was ultimately filed with the court.  Ultimately, ThemeVision's client prevailed, with the appellate court overturning the decision below. 
Criminal Trade Embargo Matter- District of Columbia
Conducted a ThemeTesting® focus group study in a matter in which multiple criminal defendants were alleged to have knowingly violated a trade embargo.  The focus group data revealed specific themes and arguments that did and did not resonate with the focus group participants and also revealed some of the risks of proceeding to trial, allowing the criminal defense team to better prepare for trial and to better advise their client of the risks of a jury trial. 
   
  > Areas Of Law    
 
Appellate 4 Appellate
Class Action 5 Class Action
Commercial 6 Commercial
Environmental 7 Environmental
Governmental Services 8 Governmental Services
Insurance Coverage 9 Insurance Coverage
Intellectual Property 10 Intellectual Property
Labor & Employment 11 Labor & Employment
Product Liability 12 Product Liability
Personal Injury Defense 35 Personal Injury Defense
Toxic Tort 13 Toxic Tort
> White Collar Criminal Defense 14 White Collar Criminal Defense
White Collar Criminal Defense  
 
 
 
       
 
 
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