Civil RICO Defense and Recoupment of Funds

Successful representation of local property investor against a large institutional lender who sought over $3,000,000.00 in damages and alleged violations of 18 U.S.C. 1962, the civil Racketeer Influenced and Corrupt Organizations (RICO) Act. Tom Brennan prevailed in a motion for summary judgment dismissing the plaintiff’s claims and recouping overpayments made by the client to the institutional lender. Instead of facing liability in excess of $10,000,000.00, the client recovered significant funds from the lender.

Successful State Law Fraud and Misrepresentation Real Estate Lawsuit

Successful representation of real estate developer who was defrauded by his business partner. Tom Brennan filed suit and secured a $2,600,000.00 judgment for the client. In proceedings to enforce the judgment, Tom assisted law enforcement in prosecuting the defendant. The client ultimately recovered on his judgment, and the defendant was convicted by state prosecutors and served a prison sentence.

Business Dissolution

Tom Brennan successfully represented client in proceedings to dissolve jointly held business and divide the business assets between the client and a minority owner. The owners of the family restaurant chain had reached an impasse over the direction of the business and the appropriate use of approximately $10,000,000.00 in assets. They negotiated the winding up of the business, allowing the minority owner to cash out of the business and the client to retain the income-generating restaurant assets.

Department of the Army Debarment Proceedings

Successful representation of Iraqi government contractor accused of improper bidding practices during the reconstruction of Iraq. After an investigation, Tom Brennan negotiated with the Army’s Procurement Fraud Division officials and provided an analysis and supporting documentary evidence undermining the Department’s allegations. The matter was resolved by way of an administrative compliance agreement rather than debarment.

Federal Civil Rights Defense, Bivens Liability

Successful civil litigation defense, in the Western District of Washington, of a civilian Department of Defense (DoD) employee who was wrongfully accused of violating free speech rights of anti-war protesters and making false arrests of anti-war protesters. Tom Brennan secured dismissal of the Bivens claim and has briefed and argued various aspects of the case before the Ninth Circuit Court of Appeals.