Jerome J. Froelich Jr.
Criminal Trial Lawyer
When you are looking for an attorney to represent you on potential or actual criminal charges, the most important question you must ask the attorney is, “ what criminal jury trials have you won?” It is critical that your attorney has the ability to convince jurors that you have been wrongly charged. Experience and success in the courtroom are essential for attorneys who are defending client’s against criminal charges.
Jerome J. Froelich Jr., known as “Jerry”, is a successful trial attorney with 30 years of experience in criminal and civil trials and appeals. When you ask Jerry the question of what criminal jury trials have you won, you see that he has one of the most impressive records of any trial attorney in the United States.
Jerry specializes in representing professionals, including physicians, attorneys, accountants, professional athletes, officers and directors of corporations, and business people, against allegations of mail fraud, wire fraud, RICO, tax fraud, securities fraud, health care fraud, government contract fraud, antitrust and mortgage fraud. Jerry has also represented individuals charged with murder, child pornography and drug offenses. Jerry has been lead attorney 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.
Jerry’s trial successes are too numerous to list, but below are some examples of Jerry’s more high profile cases.
Some of Jerry’s Well Known Trial Victories in Criminal Cases
As can be seen from the below from a sample of his more high profile trials, Jerry has successfully defended individuals charged with various crimes.
In May 2014, Jerry acquitted the former University of Georgia head football coach Jim Donnan in the United States District Court in Athens, Georgia. Coach Donnan was charged with 41 federal felonies for his alleged involvement in a 82 million dollar Ponzi scheme. It was the first not guilty verdict in that court in ten years.
Jerry won the acquittal of all charges, including felony murder, of his client in State of Georgia v. Ra Wu. Jerry won the acquittal of former Atlanta Mayor Bill Campbell in United States v. Bill Campbell, on federal RICO and bribery charges.
In United States v. Mac Wilbon, et al., Jerry represented a prominent Atlanta businessman accused in federal court of conspiring with four co-defendants 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 United States v. Charles Willis, the jury acquitted Jerry’s client of six charges and was unable to reach a verdict on the remaining charge, which was never retried. The charges involved 800 pounds of cocaine seized in a vehicle in the driveway of Mr. Willis’ home. In State of Georgia v. Ora Curry, Jerry won a not guilty verdict for his client charged with possession with the intent to distribute 5 kilograms of cocaine which were seized from the trunk of Mr. Curry’s automobile.
In the case the State of Ohio v. Larry Lomaz, Jerry won the acquittal of Larry Lomaz, the President of Midwest Fireworks, on all 30 felony counts involving the illegal sale of explosives. In United States v. Victor Dante, Jerry won the acquittal of Mr. Dante, who was charged with extortion and income tax fraud charges. In United States v. Carr, Jerry won the acquittal for his client charged with six counts of interstate transportation of stolen property.
A Sample of Jerry’s Appellate Victories In Criminal Cases
In 2011, Jerry won the reversal of two federal criminal convictions in the Eleventh Circuit Court of Appeals; United States v. Kottwitz, et al., a tax fraud case, and United States v. Les Rector, et al., the largest mortgage fraud case brought in the United States District Court for the Northern District of Georgia.
Besides his two most recent victories in the Eleventh Circuit, some of Jerry’s other appellate victories are; 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 felony violations of Georgia’s Ethics in Government Act. In Emmanuel v. State of Georgia, 403 S. E. 2d. 899 (1991), Jerry changed the law of entrapment in Georgia. In United States v. $38,000, 816 F. 2d. 1538 (11th Cir. 1987), Jerry changed federal criminal forfeiture procedures. In United States v. Copeland, 591 F. 3d. 1340 (11th Cir. 1998) Jerry limited the government’s use of 18 U.S.C.§ 666. In Hughes v. Bowers, 893 F. 2d. 348 (11th Cir. 1989), Jerry set the standard of review concerning exculpatory evidence in criminal cases.
Jerry’s Ability To Negotiate With Prosecutors
With his background as a prosecutor and his success as a defense attorney in jury trials and appeals, Jerry has an unique ability to advise individuals under investigation and those who are charged with a crime in deciding whether they should go to trial or negotiate a plea. Jerry’s success in trials and in the appellate courts also gives Jerry leverage with both State and Federal prosecutors when they are deciding whether to charge Jerry’s client or what deal to offer to his client. Below are some examples of Jerry’s ability to negotiate with prosecutors.
In January 2014, Jerry defendant Robert J. Maegerle, a DuPont engineer, charged in United States v. Walter Liew et al., with conspiracy to sell to a Chinese company trade secrets concerning Titanium Dioxide. After his client’s conviction, and the co-defendant having received a fifteen year sentence, Jerry negotiated a deal wherein his client dismissed his motion for a new trial and agreed not to appeal his conviction in exchange for the government recommending a three year sentence. The district court sentenced Jerry’s client to thirty months.
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 also convinced the United States Attorney’s office in Tampa not to prosecute a corporate officer who was the target of a grand jury investigation. He convinced the State Attorney in Florida to give probation to his client who was arrested in a major drug transaction with $600,000.00 in cash and 500 pounds of marijuana.
In 2012, Jerry convinced federal prosecutors not to charge doctors he represented in two separate health care fraud investigations. Jerry also persuaded Georgia prosecutors not to indict his client, the Chairman of the Board of Directors of the Cobb County Electric Company, who was the target of a grand jury 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 successfully represented a vice president of an international construction company against allegations of bribery and government contract fraud.
Jerry had felony assault charges against NBA star Kwame Brown reduced to misdemeanors. Jerry had state drug charges dismissed against former NFL star running back Jamal Anderson.
In 2010 Jerry convinced the United States Attorney’s office in Mississippi to dismiss the indictment, United States v. Charles Morehead, against his client who was charged with 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 and the DeKalb County District Attorney to dismiss a securities fraud indictment against a local minister.
Some of Jerry’s other notable negotiations in his criminal defense practice are his representation of Baltimore Raven’s star running back Jamal Lewis, who was charged in federal court in Atlanta with a conspiracy to distribute five kilograms of cocaine. Jerry negotiated a 4 month sentence for Mr. Lewis, and negotiated with the NFL to allow Mr. Lewis to return and play for the Ravens. Jerry represented the CEO of a major corporation who was the target of a federal grand jury investigating a $100 million dollar fraud. Jerry convinced the government not to indict his client in that case.
In 2006 Jerry convinced the United States Attorney in the Northern District of Iowa not to prosecute the owner of the largest online pharmacy in the United States.
In 2005, Jerry convinced the United States Attorney’s office for the Eastern District of Virginia not to charge his client, who was an officer of an online prescription drug company. Several other officers of the corporation were charged and convicted. In United States v. Walker, et al., a RICO case in the United States District Court for the Southern District of Georgia, Jerry was able to negotiate a dismissal of the RICO charges against his client in exchange for his client pleading to a misdemeanor charge and receiving a sentence of two years probation.
Jerry defended the Banco de Occidente, a Columbian bank indicted for laundering $1.2 billion dollars in drug money. Jerry negotiated a deal whereby the bank paid $5 million dollars and in exchange none of the bank’s officers were indicted. Jerry successfully represented the Gulf Power Company in a federal investigation concerning alleged illegal political campaign contributions. He 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 Securities and Exchange Commission.
In United States v. Lee, et. al., Jerry represented Ms. Lee, n 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 illegal loans to Iraq. Jerry was able to negotiate a sentence of probation for Ms. Lee.
In 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 that same client. In the Gold Club case, a federal RICO case in the Northern District of Georgia, 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 with the murder of his wife. The State of Georgia sought the death penalty. While Mr. Tokars was convicted, Jerry convinced the jury to give Mr. Tokars a sentence of life with the possibility of parole.
Jerry’s Successes in Civil Litigation
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). In 1991 Jerry won a $2.4 million dollar jury verdict against Marine Midland Bank in the United States District 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 from First Union National Bank for the manner in which it computed interest on checking accounts.
In Decatur Auto Center v. Wachovia Bank, NA, 583 S. E. 2d. 6 (2003), Jerry wrote the brief that changed the law of conversion in Georgia.
Jerry presently is involved in one of the largest federal Qui Tam actions ever filed. The case, United States of America ex rel. Kamal Mustafa Al- Sultan v. The Public Warehousing Company – K.S.C. at al., Civil Case No. 1:05– CV-2968-RLV, involves allegations of over a billion dollars in military contract fraud. Jerry was brought into the case as special counsel by Relator’s counsel.
Jerry was born and raised in Newark, New Jersey. He 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 associations, including The American Bar Association, The Georgia Bar Association, The Georgia Association of Criminal Defense Lawyers, The Ohio Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The International Bar Association. He has lectured at Emory University School of Law, Georgia State Law School, University of Georgia School of Law, John Marshall 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. 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 twenty 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 represented individuals or corporations in 32 different 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 the President elect of the American Board of Criminal Lawyers, the most prestigious and selective association of criminal defense attorneys in the United States. He has served on the panel which appoints the Fulton County Public Defender in Atlanta.
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.
- Jerry is the former Southeast Vice Chairman, ABA Complex Crime Committee.
- He has been an instructor at the Atlanta Bar Association’s College of Trial Advocacy from 1992 to 2005.
- He has been an instructor in the State Bar of Georgia’s Continuing Legal Education Program, Criminal Law, from 1990 to 2012.
- He was an instructor at the Trial Advocacy Program at Cardoza Law School, New York, New York from 1990 to 2002.
- Jerry was an instructor at the Trial Advocacy Program at Emory University School of Law, from 1990 to 1994.
- Jerry was an instructor at Georgia State University School of Law’s Continuing Education Program from 1993 to 1999.
- Jerry was an instructor at the National Institute of Trial Advocacy in 1994.
- Jerry was an instructor at the University of Georgia School of Law’s trial advocacy program for lawyers from 1997 to 2000.
- Jerry was a lecturer at Tulane University School of Law in 1997 and 2003, where he gave the Robert Vance lecture.
- Jerry was an instructor and Member of Faculty at the American Bar Association’s National Institutes:
A) RICO: The Second Stage
B) Banks Under Attack
- Jerry was one of five attorneys appointed to the American Bar Association’s Blue Ribbon Panel Overseeing ABA Post Conviction Death Penalty Representation Project.
- 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”.
- 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.
- 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.
- 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.
- Jerry is the Atlanta counsel for NBA’s Portland Trial Blazers.
Before You Talk to Anyone About Your Case, Talk to Jerry Froelich
Call 404-881-1111 or complete the contact form to schedule an appointment.