Martin E. Crandall leads Clark Hill's criminal defense practice group. Mr. Crandall is a veteran trial attorney with many years of experience working as a federal prosecutor for the U.S. Attorney's Office in Detroit. Mr. Crandall has been practicing criminal law since 1979, and has handled more than one hundred bench and jury trials in the full gamut of criminal cases, including complex RICO, extortion and a variety of white collar fraud cases. In fact, Mr. Crandall co-authored "Civil RICO and the Labor Law Practitioner" (Michigan Bar Journal, July 1989) which examines the implications of the RICO (Racketeer Influenced and Corrupt Organizations Act) statute on the practice of labor law.

(View a recent Clark Hill RICO article)

Our firm philosophy for representation in criminal matters emphasizes our early involvement in investigations and proceedings. Without proper representation, a target of an investigation can risk harming his/her position by interacting with law enforcement authorities. Statements made to investigators can not only prejudice one's case, but can also lead to prosecution for perjury, obstruction of justice, making false statements to federal agents and other criminal violations, regardless of the original subject of the inquiry.

Clark Hill's criminal defense practice group is structured to respond to client needs in both proactive or reactive circumstances. We regularly counsel clients in the following areas:

Problem Avoidance

This includes a wide range of activities, from counseling concerning "preventive maintenance", to limiting the scope of an investigation through negotiations with the U.S. Attorney or prosecutor. Often the most effective representation is that which results in the matter not reaching the stage of a criminal charge, indictment or grand jury investigation.

Responses to Investigative Problems

Upon receiving a request for an interview from a law enforcement agent, a subpoena to appear at a hearing or to produce business records or other documents, or an arrest warrant, the Clark Hill criminal defense team, through investigation and negotiation, is often able to narrow the investigative process, reduce the proposed or contemplated charges, and/or convince the prosecutor not to bring a charge.

Responses to Invasive Criminal Procedures

An arrest, the execution of an arrest or search warrant, or service of a Grand Jury Indictment are frightening and invasive experiences to persons not accustomed to dealing with criminal enforcement authorities. Our prompt response and advice can make this process more understandable. We have vast experience in matters of bond and release pending trial, which are critical to secure freedom pending court appearances. Additionally, we advise and can provide support to clients with respect to minimizing collateral damage to reputations and business interests.

Trials and Plea Bargains

Our criminal defense attorneys provide prompt and continuing assistance to arrange for release from custody where appropriate, often negotiating a plea to a lesser offense if actual criminal liability exists, to reduce or eliminate incarceration for first-time offenders. Where trial is necessary, Clark Hill attorneys have the experience and skill to present a first-class defense. Our experience with jury consultants, forensic experts, investigators, and co-defendant dynamics is often the key to securing the most favorable trial result.

Post-Conviction Remedies

Experience with the federal and state sentencing guidelines, negotiations with prosecutors and in camera hearings are frequently successful methods for obtaining more favorable results when faced with post-conviction remedies. Our attorneys are well-acquainted not only with the law, but with law enforcement authorities prosecuting the case, permitting coordination among various law enforcement agencies where it is in the client's best interest.

Appeals

Clark Hill's criminal defense attorneys have succeeded in having convictions overturned and sentences reduced in all types of criminal matters. In addition, the criminal defense group may avail themselves of the considerable expertise and resources of Clark Hill's appellate litigation practice group, led by James E. Brenner.

Expungement of Conviction and Arrest Records

Convicted felons in the U.S. lose significant civil rights, in addition to sentences of jail or prison time, fines and/or restitution obligations. Our team can work to regain some of those rights, and to prevent further damage from the record of the prior proceedings.

Sarbanes-Oxley

Clark Hill attorneys are also experienced in handling issues arising from the recently passed Sarbanes-Oxley Act of 2002, which criminalizes certain activities of corporate officers, directors and public accountants in the preparation and publication of financial statements and other corporate reports. This Act provides for criminal penalties of up to $10 million and 20 years in prison, and has greatly increased the need for experienced criminal defense counsel in providing advice to boards of directors and audit committees of publicly held companies, in addition to their accounting firms. Corporate Practice Group Leader D. Kerry Crenshaw has prepared the following summary of the Act and its ramifications: The Sarbanes-Oxley Act of 2002

Additional Actions and Events

Below are some examples of specific actions or events on which we advise clients:

• Arrests, detentions and interrogations.
• IRS administrative subpoenas and audits.
• Asset seizure.
• Grand jury subpoenas for the production of books and records of businesses.
• Witness preparation for grand jury, Attorney General inquiry and Congressional testimony.
• Responses to civil investigative demands.
• Witness interviews by law enforcement officers.
• Financial reporting compliance.
• Corporate internal audits and investigations.
• Immigration and Naturalization Service investigation of businesses.