NINA MARINO

LOS ANGELES - The spectrum in criminal defense is not from innocence to guilt, according to Nina Marino. "To me, the other side of the spectrum is not guilt, it's mitigation," she said.

"I think there's always something mitigating that, if you look hard enough, you can find that will explain the client's conduct, put the client's conduct into perspective and get a much better result," she said.

Marino described herself as a litigator at heart who loves the thrill of trial. But a trial is almost always a bad choice for the client. Therefore, she said, "we endeavor to do more to get a resolution before ever crossing that threshold ... to trial."

A good example of that approach is the Varsity Blues college admissions scandal case in which she represents the former highest-ranking woman in USC's athletic department. Donna Heinel was accused of helping more than two dozen students gain admission as recruited athletes.

"That was a monster case," Marino said, with the potential for a monthlong trial with 1,000 exhibits.

But 10 days before it would begin, an opportunity arose to resolve the case on a narrow factual basis. "We worked on that resolution for three solid days," Marino said. "It was in the client's best interest, and it worked out." While the government is seeking a 24-month sentence, Marino has asked for probation. U.S. v. Heinel, 1:19-cr-10081 (D. Mass., filed Mar. 5, 2019).

She negotiated probation deals twice for a man charged as one of 18 defendants in a large insurance fraud scheme. After demonstrating the deficiencies in the case against her client, Marino reached a deal allowing him to plead guilty, pay full restitution over time and, after only then, be sentenced to probation. People v. Gabayan, LA086888-08 (L.A. Super. Ct., filed Oct. 26, 2017).

But then the pandemic devastated his car dealership business. "We had to go back and renegotiate because he was not going to be able to pay the restitution," she said.

Marino also recently negotiated sentences of probation for a California family charged with conspiracy and tax fraud. At the restaurants they owned in Wyoming and other states, they used "rather sophisticated software that would only record every other transaction," she said.

Although six family members were charged initially, three were dropped. The others must pay about $2 million in restitution. Marino also negotiated away any risk family members could be deported. U.S. v. Ho, 1:20-cr-00128 (D. Wyo.).

A "foremother" of the Women's White-Collar Defense Association, Marino said she is different from most white collar defense attorneys because she does not take on any civil cases. "I've never prosecuted anyone, and I've never worked for anyone," she added. "I'm truly self-made in this space."