Wyatt & Blake, LLP has tried more than 150 civil and criminal cases to jury verdict.
Some of James Wyatt and Robert Blake’s notable cases include the following:
- Financial Institution CEO: Mr. Wyatt was co-counsel for the CEO of a large financial institution in numerous criminal investigations and civil actions brought against him and the institution for alleged securities disclosure violations relating to a merger during the financial crisis. Mr. Wyatt represented this CEO in numerous matters, including several civil class action lawsuits; a civil action brought by the SEC; a civil action brought by the New York Attorney General; in connection with United States Congressional testimony; and in connection with several criminal investigations brought by the United States Attorney Offices in New York and North Carolina. The CEO was never charged with any crime, and although the institution paid several billion dollars in settlements, he never had to personally contribute to any settlement.
- United States v. Bouler: Mr. Wyatt’s client, James “Slim” Bouler, was charged with money laundering and drug conspiracy after being arrested with more than $153,000.00 in cash and a $57,000.00 check from NBA basketball star Michael Jordan. The Government relied on the seizure of the cash and the testimony of 16 witnesses who, testifying under plea agreements, alleged that Mr. Bouler was selling drugs throughout the country with them. Mr. Bouler faced life in prison. Mr. Wyatt was able to discredit the government’s witnesses and show that Mr. Bouler was on intensive probation (and was monitored daily by his probation officer) when many of these drug transactions were allegedly taking place all over the country. Mr. Wyatt then called Michael Jordan, the NBA Hall of Fall basketball player, who testified that the $57,000.00 check had come from him as a result of losing a high stakes golf match with Mr. Bouler, and who further testified that he had lost several hundred thousand dollars to Mr. Bouler on other occasions when gambling on golf games. The jury acquitted Mr. Bouler of all drug charges but he was convicted of money laundering. Mr. Bouler thus avoided spending the rest of his life in jail. Click here to read the Charlotte Observer article relating to Mr. Wyatt’s involvement in the case.
- SEC v. Financial Executive: Wyatt & Blake represented a financial executive in connection with a federal civil lawsuit brought against him by the SEC asserting allegations of insider trading under Section 10(b) of the federal Securities Act and Rule 10(b)-5. Federal District Court Judge Graham Mullen entered a summary judgment order dismissing all claims asserted by the SEC.
- Reeves v. Udolf: Mr. Wyatt represented Ron Reeves, a groundskeeper who was wrongfully incarcerated by a District Attorney (Bruce Udolf) in order to try to get information about crimes allegedly committed by the homeowner. Mr. Wyatt brought a federal civil rights action against Mr. Udolf and won the first civil verdict for damages ever handed down in the State of Georgia against a sitting District Attorney. The verdict was upheld on appeal. Prosecutorial immunity did not shield Mr. Udolf from liability due to his direct involvement in the wrongful acts. Years later, Mr. Udolf became an AUSA and a member of the prosecutorial team headed by Ken Starr that was investigating President Bill Clinton. Mr. Udolf was actually one of the prosecutors who physically conferred a letter of immunity on Monica Lewinski. Click here to see the 11th Circuit Brief of Reeves.
- Mayfield v. NASCAR: Wyatt & Blake represented NASCAR in connection with a federal civil lawsuit filed by former race car driver Jeremy Mayfield over a failed drug test and NASCAR’s substance abuse policy. The court initially entered a preliminary injunction against NASCAR before Wyatt & Blake entered the case. All claims asserted by Mayfield were subsequently dismissed after an extensive evidentiary hearing and the ruling was affirmed on appeal. Click here to see Judge Mullen’s Order.
- State v. Mahatha (Superior Court, Charlotte, NC, 1999-2001), COA02-322: The Defendant was charged with the capital murder of an off-duty Sheriff’s Deputy. The Defendant was a mentally retarded 25 year old man who had stolen crab legs from a grocery store; when confronted by an off-duty Sheriff’s Deputy who was working as a security guard, the Defendant pulled a gun and killed him. The killing outraged the community and a charity drive for the deputy’s family raised $500,000.00 (the deputy, left a pregnant wife and two young children). Under North Carolina law, the killing of a law enforcement officer – even off-duty – is an aggravating circumstance that makes the death penalty appropriate; indeed, in North Carolina, the overwhelming majority of those convicted of killing law enforcement officers receive the death penalty. In addition, the State contended that the Defendant had been involved in a second homicide, and presented eyewitnesses testimony of that crime at trial. Mr. Wyatt was able to successfully impeach the eyewitness testimony relating to the second homicide. The Defendant was convicted of the murder of the deputy. At sentencing, Mr. Wyatt presented the testimony of the Defendant’s teachers who described his inability to reason and plan and the abuse to which he was subjected because of his retardation. He also presented the testimony of the Defendant’s twin brother, who was a highly decorated military officer. Believing that this testimony was sufficient, Mr. Wyatt rested without calling any expert witnesses, which was highly unusual in this type of case. The jury then returned a verdict of unanimous life, an unprecedented result in a case of this magnitude. In another interesting twist, Mr. Wyatt agreed to let a former prosecutor and federal Magistrate Judge sit on the jury. This judge (The Honorable Carl Horn) later wrote an article about this experience as a juror in this case. Click here to see the article by Judge Carl Horn. Click here to read the printed Charlotte Observer article relating to this case.
- In Re TFT-LCD Antitrust Litigation (N.D.Cal. 2011-2012), 3:07-MD-1827; Nicholson v. Hoffman LaRoche (Superior Court, NC, 1993-2003), 99-CV-3592; In Re CRT Antitrust Litigation (N.D.Ca. 2012-2019), 3:07-CV-5944; In Re Auto Parts Litigation, (M.I.E.D. 2012-2020), 12-MD-2311: Wyatt & Blake represented the North Carolina class of plaintiffs in these class action lawsuits against various manufacturers. These lawsuits resulted in the largest civil antitrust settlement ever, over one billion dollars, as well as numerous settlements between $200-800 million.
- Mr. Wyatt represented a NASCAR owner’s companies in connection with a criminal investigation relating to alleged bribery associated with the award of automobile dealerships. The owner pled guilty to a single criminal offense and later received a Presidential Pardon. The companies were never charged or fined.
- State v. Kelleher: First RICO criminal charges ever brought under Georgia law; motions to suppress were granted, upheld on appeal, and all charges were dismissed. Click here to see the Appellate Opinion.
- United States v. Gee: Wyatt & Blake represented a Sheriff’s Deputy accused of criminally violating an inmate’s civil rights by physically assaulting him. Wyatt & Blake’s investigation into the “victim” revealed that the alleged victim had a history of smuggling guns and drugs into jails; had been diagnosed as a psychopath; was in jail because he poured gasoline on people he wanted to rob and then lit them on fire; and had likely self-inflicted the wounds that the Government contended were caused by the beating. After three days of trial, United States District Court Judge Graham Mullen directed a verdict in favor of the Defendant, and the case was dismissed. The judge did so in large part because the Government failed to call the victim as a witness, after it was notified of all the impeaching evidence the defense had found through pre-trial investigative work. Click here to read the Charlotte Observer articles relating to the Gee case.
- Mr. Wyatt represented a former wide receiver for the San Diego Chargers and Super Bowl recordholder who was indicted on felony drug charges. After litigating several motions, all felony counts were dismissed and the defendant pleaded guilty to a misdemeanor, receiving probation.
- Mason v. HMA: Wyatt & Blake is co-counsel for Dr. Tommy Mason, Dr. Steve Folstad and MEMA, whistleblowers who alleged that HMA and EmCare, a hospital chain and an ER staffing chain, committed fraud by performing medically unnecessary tests and improperly admitting patients to hospitals, as well as unlawfully terminating MEMA. The False Claim Act cases settled for nearly $400 million. The wrongful termination claim is still pending. The case has lasted over 10 years to date. Click here to see the press releases of HMA and EmCare settlements by the DOJ and USAO.
- Wyatt & Blake was co-counsel for several prominent real estate developers and represented them in connection with complex civil litigation that was ultimately settled. Wyatt & Blake also represented them in connection with two separate federal criminal investigations which resulted in no charges being brought.
- United States v. Adventist, et. al.: Wyatt & Blake served as co-counsel to qui tam plaintiffs in a whistleblower lawsuit filed in the United States District Court for the Western District of North Carolina against Adventist Health System. The United States Department of Justice intervened in this lawsuit and reached a settlement pursuant to which Adventist agreed to pay $118.7 million to settle the allegations of illegal kickbacks.
- Mr. Wyatt represented the spouse of a professional football player in connection with tax fraud indictments. Mr. Wyatt moved to sever the charges against his client on the basis that she was an “innocent spouse”; the Government eventually entered into a plea agreement that permitted her to be placed on probation. Her husband was eventually convicted of several charges.
- Mr. Wyatt represented a real estate agent on money laundering charges based on receipt of large amounts of cash at a real estate closing. The defendant was convicted at trial; that verdict was vacated post-trial and that ruling was reversed on appeal. The case was eventually resolved with a probationary plea to a lesser charge.
- Mr. Wyatt represented a client on federal gambling charges who pled guilty to a reduced charge, received probation, and the sentencing judge referred the case agent for perjury prosecution after cross-examination at the sentencing hearing.
- Mr. Wyatt represented an estate attorney who was investigated for and indicted on 78 felony counts of stealing money from estates that he administered. Under a plea arrangement with the District Attorney, the State agreed to drop 50 of the felony counts, grouping the remaining 28 counts into four categories. A two-day sentencing hearing was held at which the State presented testimony from the victims of each of these estates; Mr. Wyatt countered with extensive character and other testimony concerning the Defendant, including the supportive testimony of three sheriffs. At the end of the hearing, the Defendant was sentenced to probation on each of the 28 felonies by Superior Court Judge Robert Ford.
- Mr. Wyatt represented an architect who, along with a co-defendant, was accused of fraudulently obtaining loans from banks in Canada and transmitting the monies into the United States. The defendant was arrested at the end of an undercover operation in the United States. Mr. Wyatt litigated and won a motion to suppress before the United States District Court that was then appealed by the Government. After lengthy litigation, all charges against Mr. Wyatt’s client were dismissed and the co-defendant pleaded guilty to a felony.
- Mr. Wyatt represented the defendant on charges of conspiring to defraud an insurance company. The defendant was a Victim Rights Advocate who rejected a plea offer of deferred prosecution. The basis for the charges was the testimony of a towing operator who accused the Defendant of falsifying towing charges that were submitted to insurance companies. Mr. Wyatt discovered that the operator had previously made the same claim in other states against other persons. After a trial that lasted several days, the jury deliberated one hour and found Mr. Wyatt’s client not guilty.
- Wilcox v. Ford: The defendant was tried on a murder charge and was convicted. He allegedly killed his secretary. The conviction was based on coerced testimony from two elderly African American witnesses, Lorenzo Marshall and Ed Wrentz. Mr. Wyatt and Bobby Lee Cook filed a habeas corpus petition and Federal District Court Judge Wilbur Owens vacated the conviction. The Eleventh Circuit reversed that ruling, and the Supreme Court requested briefing in the case but eventually denied a petition for a writ of certiorari. Click here to see the United States District Court Opinion.
- Orville White v. Page/Stanly County Sheriff’s Office: Mr. Wyatt represented Mr. White in a civil rights action based on malicious prosecution on over 20 trumped up breaking-and-entering charges. The primary government witness admitted he was pressured by police to provide false testimony against Mr. White in the criminal cases. Case settled very favorably to Mr. White.
- Mr. Wyatt represented the first lawyer in WDNC investigated for money laundering violations; client pled guilty to reduced charge and received probation.
- Mr. Wyatt represented prominent tax attorney on criminal tax charges; after exhaustive evidentiary hearings, charges were reduced to a single misdemeanor and client received probation. Click here to read a Charlotte Observer article relating to this case.
- Harwell v. Maryland Casualty: Mr. Wyatt and Bobby Lee Cook tried a civil arson trial to a successful verdict. Mr. Wyatt examined 144 of 150 witnesses. Click here to read the Rome News Tribune article.
- Mr. Wyatt represented interior designer who received cash from infamous Loomis Fargo heist in Gastonia. Client pled guilty to reduced charge and received probation.
- Mr. Wyatt represented a postal worker charged with death by vehicle for killing a pedestrian. Mr. Wyatt successfully excluded the State’s use of an accident reconstruction expert to establish the speed of the postal vehicle and the defendant was found not guilty.
- Defense of numerous preliminary injunction actions when financial brokers moved from one firm to another. Mr. Wyatt handled the first case where a judge refused to impose an injunction on the broker.
REPRESENTATIVE DECLINATIONS OR NON-PROSECUTION DECISIONS
- Massive criminal investigation of state-wide dental practice lasting three years. Ultimately, no charges were brought after numerous presentations to USAO and allowing USAO to interview potential defense expert witness.
- Business owner investigated for complicity in bribing the Mayor of Charlotte. Due to extensive pre-charging meetings and interactions with the United States Attorney’s Office, client was never charged.
- Wyatt & Blake was co-counsel for several prominent real estate developers and represented them in connection with complex civil litigation that was ultimately settled. Wyatt & Blake also represented them in connection with two separate federal criminal investigations which resulted in no charges being brought.
- Criminal investigation of CEO based on alleged fraudulent transfer of funds and shutdown of mill. No criminal charges were ever brought.
- Extensive federal criminal investigation of Congressman, wife, and their business relating to fundraising, alleged ethics violations and investment fraud. After multiple meetings with USAO, no charges were brought.
- Vice President of large manufacturing company investigated for complicity in gambling and fraud charges involving the CEO of this company. Through extensive pre-charging meetings and interactions with the United States Attorney’s Office, this businessman was never charged.
- Long-time owner of automobile dealership investigated in connection with federal prostitution ring. Client was not charged in federal case.
- Owner of car dealerships had undercover agent purchase vehicle with cash. During pre-indictment meetings, Mr. Wyatt successfully raised an entrapment defense and demonstrated that owner was an otherwise outstanding citizen. No charges were brought.
- Corporate attorney investigated for complicity in extensive fraud scheme based on sale of environmental equipment. After an extensive series of meetings and presentations with the USAO, no charges were brought.
- Insurance executive was not charged in widespread agricultural crop insurance investigation after presentations to USAO and interview of client.
- Accounting executive in crop storage business not charged in accounting and financial fraud investigation after presentation to USAO.
- Mr. Wyatt represented a professional basketball player who was being investigated for rape and sexual assault. During the investigation of this charge, Mr. Wyatt allowed the player and others to be interviewed by law enforcement, and also developed evidence inconsistent with the claimed conduct. No charges were brought after the investigation was completed.
- Mr. Wyatt represented a professional football player who was accused of sexual misconduct. Mr. Wyatt was able to prove that another person was responsible for the actions in question and the matter was resolved.
GEORGIA CASES
When practicing law with Bobby Lee Cook, Sr. of Cook & Palmour in Summerville, Georgia (1984-87), Mr. Wyatt tried over 30 cases to verdict in a little less than three years, and handled the appellate proceedings in a number of other cases. These cases include:
- Reeves v. Udolf, 2:85-cv-00116-WCO: first civil damages verdict ever awarded against a sitting District Attorney. Click here to see the Eleventh Circuit Brief of Reeves.
- State v. Kelleher, 75290: first RICO criminal charges ever brought under Georgia law; motions to suppress were granted, upheld on appeal, and all charges were dismissed. Click here to see the Appellate Opinion.
- State v. Shirley: Hunting laws in Georgia declared unconstitutional during hunting season.
- Shirley v. Veatch: Successful jury verdict in federal civil rights action alleging assault by park rangers.
- State v. Brown: Acquittal in armed robbery case where co-defendant testified against client. Click here to read the article published in the Summerville News in 1985.
- State v. Turnmire: Acquittal in criminal stolen property case where primary evidence was “Nike” shoe prints.
- Harwell v. Maryland Casualty: Civil arson case successfully tried to verdict, with Mr. Wyatt examining 144 of 150 witnesses. Click here to read the Rome News Tribune article.
- Wilcox v. Ford, 84-78-VAL: Habeas corpus action involving reversal of murder conviction based on coerced testimony. Click here to see the United States District Court Opinion.
- Barnett v. State (Georgia Court of Appeals, 1986): Reversal of conviction for aggravated assault based on insufficiency of evidence.
- Appellate work in State v. Jim Williams. The book and movie Midnight in the Garden of Good and Evil is based on this case.