Los Angeles
A founding partner at Kaplan Marino, PC, Nina Marino's significant experience as a white-collar defense attorney involves representing individuals and corporations in complex cases of corruption and fraud, including health care fraud, government contract fraud, securities fraud and financial institution fraud.
One of Marino's notable cases is the Varsity Blues college admission scandal, where she represented a high-ranking administrator charged with serious offenses. Her approach led to a plea deal where the client, Dr. Donna Heinel, pled guilty to a single count of wire fraud, significantly reducing potential prison time.
Heneil was charged with RICO conspiracy and the government proceeded under a theory of prosecution that an admission slot at USC constituted property, such that the deprivation of that slot constituted substantive mail and wire fraud charges.
But Marino and her team challenged both theories and won, arguing that because none of the defendants knew each other, the RICO conspiracy charge was not supported and that the admission slot does not constitute property under federal criminal property fraud statutes.
"This case is significant to the white-collar bar because it demonstrates that even in cases with considerable victim losses, a significantly reduced sentence can be achieved," Marino said.
Another major case involved representing a couple in an international telemarketing fraud conspiracy involving $9 million in victim losses. Marino's team successfully negotiated plea agreements that considered the defendants' personal circumstances, resulting in significantly reduced sentences.
"The fact that Suatac and Perna were husband and wife was a significant challenge," Marino said. "Suatac and Perna were not equally culpable in the conspiratorial conduct, making it challenging, but certainly not impossible, to effectively advocate on behalf of each of them to achieve the result."
Marino said Perna suffered from MS and had been diagnosed with cancer.
The plea agreement for Suatac reflected a significantly reduced custodial sentence of 41 months and allowed for defense counsel to argue for a noncustodial sentence. Based on evidence and argument, the court sentenced Suatac to 60 days, a period of incarceration he quickly served, allowing him to return to the care of his wife.
Marino identifies government overreach as a significant trend in white-collar defense, emphasizing the need for practitioners to remain vigilant against unsupported prosecution theories and unfounded criminal charges or sentencing enhancements.
"Practitioners in the field of white-collar criminal defense will have to continue to push back on government theories of prosecution that are not supported by the law, and criminal charges or sentencing enhancements that are not supported by the facts," she said.
Her professional engagements extend beyond her law practice. Marino is an active member of several legal communities and associations, including the CHIEF network, Women's Leadership Council and Ninth U.S. Circuit Court of Appeals Judicial Conference Lawyer Representatives.
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