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This afternoon, a federal jury in the Eastern District of New York deadlocked on all counts against AEL’s client Linda Sun and her husband and co-defendant Chris Hu. The Honorable Brian M. Cogan declared a mistrial on all counts against both defendants.

Lead trial counsel, AEL partners Ken Abell and Jarrod Schaeffer, issued the following statement immediately following the mistrial:

“Throughout this trial, Linda Sun has steadfastly maintained her innocence. The inability of dedicated jurors to reach a unanimous verdict despite nearly a week of deliberation underscores the deeply flawed and questionable nature of the novel charges in this case. Indeed, the government tried to use multiple federal criminal statutes to prosecute a dedicated public servant for doing her job for New Yorkers. She did not commit any crimes and today, she has obtained a modicum of vindication. Despite the enormous toll this has taken on her and her family, she returns home today without the weight of a criminal trial or any convictions. We sincerely hope that the government considers the jury’s inability to reach a verdict on any count against any defendant before taking this flawed case to trial again.”

The mistrial concludes a complicated, hotly contested month-long trial. AEL’s client Linda Sun was the former Deputy Chief Diversity Officer to former Governor Andrew Cuomo and the Deputy Chief of Staff to current-Governor Kathy Hochul. On August 26, 2024, she was charged in a 10-count indictment with, among other things, conspiracy to violate the Foreign Agents Registration Act (FARA), failure to register under FARA, visa fraud and alien smuggling, and money laundering conspiracy. Over the next several months, the government superseded three times adding additional charges and conflicting legal theories, including honest services wire fraud and federal program bribery. Mr. Hu, Linda’s husband, was also charged on multiple counts. In the leadup to trial, there was substantial litigation, including motions to dismiss, motions to suppress over perceived discovery lapses by the government, and the disclosure of classified exculpatory materials. 

On November 12, 2025, trial against Linda Sun and Chris Hu commenced. In his opening statement, Mr. Schaeffer rejected the government’s theories of criminal liability against Ms. Sun. “For more than a decade,” said Schaeffer, “[Linda Sun] worked for [New York State] and didn’t commit crimes by doing her job. As you will learn during this trial, Linda has committed the better part of her professional life to serving the public[.] We are here because despite her record of impressive public service, the government has charged Linda with crimes that assault everything she’s built her life around.”

Mr. Schaeffer attacked the government’s varying and sometimes-conflicting claims against Ms. Sun. Regarding the FARA counts – in which the government accused Ms. Sun of failing to register as a Chinese foreign agent – Mr. Schaeffer dismissed the charges as “nonsense”:

“Linda has lived in this country since she was a child, when her family came here to pursue the American dream. She grew up here. She went to school here. She’s raising her family here. She is an American and she is a New Yorker . . . . You won’t see evidence that Linda followed orders from China or disregarded New York’s interests because foreign officials told her to. Instead, the evidence is going to show Linda working on behalf of New Yorkers . . . . It was her job to communicate with the consulate, to cultivate relationships that benefit New Yorkers, and to help her superiors, the highest political office in the state, to avoid alienating a significant voting bloc in New York[.]”

Mr. Schaeffer also pointed out the absurdity of the government’s evidence stating, “the government’s claim that Linda became a foreign agent for some salted ducks might be funny if the consequences for her family weren’t so serious.” “Even stranger” was the government’s claims that Linda illegally brought aliens into the United States by helping a recognized Chinese delegation visit with the then-Lieutenant Governor, noting that some in the delegation already had visas and that they all went home after their visit to New York. On the fraud and money laundering counts, Mr. Schaeffer urged the jury to listen closely to the evidence and use their common sense. “You’ll see no evidence proving beyond a reasonable doubt that Linda did anything wrong in connection with PPE contracts.”

Over the course of the trial, the government put on forty-one witnesses but none offered direct evidence of any wrongdoing and the text messages and other evidence that the government said showed disloyalty and fraud failed to tie together its various theories in any coherent way. Ken Abell delivered the summation for Linda Sun:

“Foreign influence, money, China, . . . . political official for sale, the government made that sound so dramatic when this case started[.] The story, however . . . has huge holes in it. It has a lot of unanswered questions. And at the end of the day, . . . it just does not hold together the way the government says it does. And respectfully, I think the government knows that. That’s why [the government] admitted to you, there’s no witness who can tie all that together . . . . The government failed to deliver on the promises that it made to all of you at the beginning of this trial.”

Mr. Abell pointed out that the government called fourteen witnesses – over a third of their presentation – that had nothing to do with the investigation and had no direct knowledge of the evidence. Mr. Abell called them “readers” because all they did was read emails and text messages without context, comprehension, or explanation. “Now, what we’re left with . . . at the end of this long trial is a hodgepodge of accusations and pieces of evidence that simply don’t prove the charges against [Linda]. And they definitely don’t prove them beyond a reasonable doubt.”

For example, on the FARA charges, Mr. Abell pointed out that the government’s own witnesses admitted that Ms. Sun’s conduct with respect to China and Taiwan “were consistent with what had been done in the past;” in other words, “Linda did not stonewall representatives of the Taiwanese government” to benefit China. “That’s not fair, that’s not accurate, it’s not a reasonable assumption,” said Mr. Abell. Regarding other aspects of the government’s so-called evidence that Ms. Sun acted as a “foreign agent,” Mr. Abell noted, “I want to repeat it because it’s so striking. Every single New York government witness agreed that [the conduct] was part of Linda’s job.”

On the fraud and money laundering charges, Mr. Abell pointed out that the government’s case against Ms. Sun was based on innuendo rather than evidence. “The government went to great length during this trial to show you as much money and purchases as it possibly could. The theory seems to be that money and China and state government is an enticing mix. And the government’s hoping that you’re distracted by the implications of that. Because that’s all it is, implications. There was no evidence linking that money to specific crimes.” In the end:

“The government got key parts of this case wrong, just simply wrong. And they threw the kitchen sink at these folks, at Linda and Chris[.] Foreign agent charges, wire fraud, immigration counts, money laundering, you name it. A hodgepodge of evidence with holes so big you could drive a truck through some of them. But what does the evidence actually show in the end? Nothing close to what the government claimed . . . . [Linda] is not a foreign agent[.] She did not commit immigration offenses. She did not take bribes or defraud the State of New York. And she did not launder criminal proceeds that never existed. That’s the true story here.”

After eighteen days of trial, forty-nine witnesses (eight called by the defense), 758 exhibits, and six days of deliberation, the jury could not reach consensus on any of the government’s theories or evidence against any defendant.

Ms. Sun was represented at trial by Ken Abell, Jarrod Schaeffer, Nafeesah Attah and Charlotte Woods. Mr. Hu was represented at trial by Nicole Boeckmann and David Shargel of Bracewell.

AEL is proud to announce that former federal prosecutor Joshua L. Haber has joined the Firm as a Partner.

Josh joins AEL after a distinguished career in government service, both as an Assistant U.S. Attorney (AUSA) for the District of New Jersey (DNJ) and as an Assistant District Attorney (ADA) for the New York County District Attorney’s Office (DANY).

As an AUSA, Josh rose to the level of Chief of the Criminal Division, the top position in the Criminal Division, where he supervised approximately 100 federal prosecutors handling criminal cases of every variety. Prior to serving in that role, Josh also served as the Deputy Chief of the Criminal Division, the Chief of the Economic Crimes Unit, and as an AUSA in the Health Care Fraud Unit.

During his eight years as a federal prosecutor, Josh distinguished himself as an exceptional investigator and trial attorney who handled the Office’s most high-profile and complicated white-collar criminal cases. Among other notable matters, Mr. Haber supervised the prosecution of TD Bank for pervasive failures to prevent money-laundering, which resulted in $1.8 billion in criminal penalties and the first-ever guilty plea by a major bank for violating the Bank Secrecy Act. He also supervised the investigation and trial of recidivist Ponzi-schemer Eliyahu “Eli” Weinstein. And he co-led the investigation and prosecution of the largest-ever Foreign Corrupt Practices Act (FCPA) case against a pharmaceutical company. He received the prestigious “Prosecutor of the Year” award three years in a row from the Federal Law Enforcement Foundation. Before his career as a federal prosecutor, Mr. Haber was also prosecutor at DANY, where he served in the Appeals Division.    

“We are thrilled to welcome Josh to the firm as a partner,” said David Eskew, one of AEL’s three founding partners. “Josh’s incredible career, culminating in his promotion to the top position in the Criminal Division, speaks for itself. He is a phenomenal litigator and trial attorney with a track record of success in and out of the courtroom. He is also a wonderful person with great judgment who elevates the attorneys around him. Josh immediately complements our talented team and further enhances our ability to represent our clients in high-stakes criminal and civil litigation.”

“I’m thrilled to join the dynamic and expanding team at AEL,” said Mr. Haber. “I look forward to collaborating with this roster of highly talented and experienced attorneys as we help clients navigate their most complex challenges, both in and out of the courtroom.”

Josh will work on white collar criminal cases and government investigations, False Claims Act litigation, and internal investigations. He specializes in the areas of securities fraud, healthcare fraud, bank/wire fraud, public corruption and bribery.

AEL was founded in 2020, just weeks before the global pandemic, by three former federal prosecutors. Since then, the Firm has grown to thirteen lawyers, boasting six former federal prosecutors hailing from the Eastern and Southern Districts of New York and the District of New Jersey, and two former prosecutors from the New York County District Attorney’s Office. AEL specializes in white collar criminal defense and federal civil litigation, with a particular focus on high-profile fraud and corruption cases and False Claims Act (FCA) litigation in New York and New Jersey. AEL also provides transactional, regulatory and compliance advice to healthcare companies. AEL is ranked as a top Firm by multiple legal peer-rating companies for its work in the areas of white-collar criminal defense, healthcare, and commercial litigation.

This post contains attorney advertising. Prior results do not guarantee similar outcomes in future matters.

AEL is thrilled to announce that Best Lawyers® honored six AEL attorneys in its 2026 edition.

Founding partner Scott R. Landau was recognized as the 2026 “Lawyer of the Year” in Health Care Law for New York City.  This prestigious honor is awarded to just one lawyer per region and practice area each year. The honor is based on the highest overall peer feedback and a demonstrated record of excellence. AEL is incredibly proud that Scott has been recognized for his stellar reputation in the NYC healthcare community. Scott was also named a “Best Lawyer” for Health Care Law marking the third year in a row he has obtained the honor.

Founding partner Ken Abell was also named a “Best Lawyer” in the categories of Health Care Law and Health Care Litigation. Counsel Jeff Braun was named a “Best Lawyer” in the category of Litigation – Land Use and Zoning and Litigation – Real Estate. And associates Scott Glicksman and Raquel Frier, and Of Counsel Katherine Kulkarni were each named as “Ones to Watch.”

The Best Lawyers in America list is one of the most reputable and recognized rankings of attorneys across the nation. Those honored are divided by geographic region and practice area(s) and their work undergoes a significant peer review process.

Best Lawyers: Ones to Watch in America recognizes associates and other early stage attorneys, noting their impressive performance and professional excellence in private practice. Ones to Watch utilizes the same robust peer-review process and methodology as The Best Lawyers in America.

On August 15, 2025, Abell Eskew Landau LLP filed an amicus curiae brief in the U.S. Supreme Court on behalf of FAMM and the National Association of Criminal Defense Lawyers (“NACDL”) in Rutherford v. United States and Carter v. United States, which have been consolidated by the Court for briefing and argument.  Argument in the cases is scheduled for November 12, 2025.

The brief argued that U.S.S.G. § 1B1.13(b)(6), the United States Sentencing Commission’s policy statement concerning the criteria for sentence reductions pursuant to 18 U.S.C. § 3582(c)(1)(A)—sometimes called “compassionate release”— promulgated in 2023, is within the scope of the Commission’s statutory authority, consistent with past practice, and important for facilitating just sentencing outcomes.  Section 1B1.13(b)(6) provides that, when deciding whether a person has identified an extraordinary and compelling reason for a sentence reduction, courts may consider a later change in the law if the person has already served ten years of “an unusually long sentence” that, after full consideration of the person’s individualized circumstances, reflects “a gross disparity” between the sentence being served and the sentence likely to be imposed today.  The decisions below in Rutherford and Carter deepened a division among the federal Courts of Appeals regarding §1B1.13(b)(6), and would prevent many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to reverse those decisions below and confirm the statutory authority of the Commission, the broad scope of courts’ sentencing discretion, and the relevance of changes in the law to motions seeking relief under § 3582(c)(1)(A).

The brief, which can be read in full below, reflects the firm’s commitment to seeking justice in sentencing and advocating for the rights of incarcerated persons.

The AEL team includes Jarrod Schaeffer, Olivia Jecklin, and Nafeesah Attah.

.AEL is proud to share that partner Jarrod Schaeffer was named to Benchmark Litigation’s 40 and Under list for 2025. Each year, Benchmark Litigation works to identify the best and brightest litigators across the country, and the 40 and Under list seeks to recognize the top emerging talent in litigation. This is the second year in a row that Jarrod has been selected to this prestigious list.

Jarrod joined AEL as a partner in 2024 following more than five years in the U.S. Attorney’s Office for the Southern District of New York, where he was a senior member of the Public Corruption Unit. An experienced trial and appellate litigator, his practice focuses on white collar criminal defense, government investigations and enforcement, internal investigations, and complex commercial litigation. Since joining AEL, Jarrod has handled a number of high-profile matters, published articles on emerging issues in campaign finance and artificial intelligence, and maintained an active pro bono practice on behalf of a number of organizations.

AEL is proud to have represented Congregation Beth Israel (CBI), a conservative Jewish synagogue located in Scotch Plains, New Jersey. In early 2023, CBI learned that one of their long-time employees had been embezzling funds from the congregation’s bank accounts for at least three years and concealing her conduct by, among other things, falsifying bank documents and financial statements. The defendant further concealed her conduct by replenishing CBI’s bank accounts with unauthorized high interest merchant cash advance transactions taken in CBI’s name, causing further damage to the congregation’s financial circumstances. CBI is a non-profit, tightly-knit, member-led community that serves a diverse congregation that draws from several towns in and around Union County, New Jersey. Needless to say, the congregation was devastated to learn of the theft, which totaled approximately $400,000.

CBI’s Board acted swiftly in response to the theft and engaged AEL to conduct a thorough internal investigation, identify the perpetrator, and act as a liaison with federal law enforcement. Over the course of the next year, AEL collected and reviewed evidence of the fraud, including a forensic financial analysis of defendant’s activities, presented to the Board, and coordinated extensive cooperation with the FBI and U.S. Attorney’s Office.

On July 23, 2024, the U.S. Attorney’s Office for the District of New Jersey charged the defendant with wire fraud in violation of 18 U.S.C § 1343. The defendant pled guilty on March 18, 2025, accepting full responsibility for the offense conduct. AEL then represented CBI in connection with defendant’s sentencing, submitting evidence of the losses attributable to defendant’s conduct and coordinating CBI’s Victim Impact Statement. On July 22, 2025, the Court sentenced defendant to 21 months’ imprisonment, 2 years of supervised release, financial restrictions, including a prohibition from working as a bookkeeper or accountant in the future, and ordered that defendant make full restitution to CBI.

The sentencing concluded a difficult period for CBI as the victim of the offense. In a statement, CBI said, “our trust was deeply betrayed by someone who we viewed as a friend and colleague, and while we have been working toward healing over the past two years, we can now complete this process as we look toward the future as a strong and thriving community.”

As for AEL, CBI stated:

We would like to express our deepest gratitude to our attorney, David Eskew, who provided pro bono legal services to assist us with our internal review and served as our liaison to the Department of Justice. People like David remind us that for every betrayal, no matter how big or small, there are good people who are willing to give their time and energy to help us persevere through challenging times.

The case was handled by AEL partner David Eskew, of counsel Heather Suchorsky, and associate Raquel Frier.

AEL is a boutique law firm that specializes in white collar criminal defense, government investigations and enforcement matters, and internal investigations. AEL’s partners are all former federal prosecutors with extensive experience investigating and defending federal offenses. AEL has been repeatedly engaged to represent companies, corporate boards, and individuals in high-stakes matters involving federal and state law enforcement agencies, including engagements on behalf of high-profile victims.

The foregoing may constitute attorney advertising. Prior results do not guarantee future outcomes.

AEL is pleased to announce that, with our superb co-counsel from Kostelanetz LLP, we secured a complete dismissal, with prejudice, of all counts in a False Claims Act (FCA) lawsuit on behalf of our client, Jack Basch, the former Chief Executive Officer (CEO) of Shiel Medical Laboratory (which was also a defendant in the case). The case was handled by Scott Landau and Scott Glicksman.

The lawsuit, which was filed by a whistleblower under the qui tam provisions of the FCA in the U.S. District Court for the Eastern District of New York (EDNY), alleged that the defendants knowingly submitted false claims to Medicare and the New York and New Jersey Medicaid programs for lab tests that were not reasonable and necessary, and that were furnished pursuant to prohibited referrals in violation of the Stark Law and the Anti-Kickback Statute (AKS).

In dismissing all claims with prejudice, Judge Nicholas Garaufis of the EDNY held that the relator’s Fourth Amended Complaint – his fifth operative pleading in the case – failed to allege cognizable claims and suffered from numerous fatal defects, several of which alone  “constitute[d] an independent basis” for dismissal of the FCA claims and their state analogs. With respect to Mr. Basch specifically, the Court completely vindicated our client, holding that relator “fail[ed] to allege the submission of a single false claim to the government”; failed to plead facts supporting his requisite knowledge of any false claims; failed to allege any underlying violations of the AKS, or any willfulness under the AKS; failed to alleged any fraudulent physician self-referral scheme in violation of the Stark Law; and failed to properly allege a reverse false claim because it improperly “mirror[ed] the traditional false claims allegations.” And given that relator had amended his complaint four times previously, the Court denied his request for (further) leave to amend, and dismissed all claims against Mr. Basch and the rest of the defendants, with prejudice. 

We would like to thank Mr. Basch for entrusting this important case to us. We would also like to thank our co-counsel Claude Millman, Caroline Rule, and Michael Sardar from Kostelenatz LLP, and counsel to the other defendants, for their exceptional collaboration and teamwork in reaching this incredible result. 

AEL is a boutique law firm that specializes in FCA litigation and complex parallel criminal and civil white collar investigations and cases. We have extensive experience handling litigation on behalf of healthcare companies and a proven record of success in cases arising under the FCA, the Stark Law, the AKS, and federal criminal statutes, including matters arising from whistleblower and qui tam complaints. We are proud to have helped obtained this victory for our client and look forward to assisting other clients in future cases.

**The foregoing may constitute attorney advertising and readers are cautioned that prior results do not guarantee future outcomes.

AEL is proud to share that Jarrod Schaeffer has again been recognized as a rising star in the legal professional by Lawdragon, which named him to their “500 X – The Next Generation” list for 2025.  The list seeks to identify and recognize future leaders in the law, and each year it assembles an elite collection of talented attorneys from myriad practices all over the world.  This is the second year in a row in which Jarrod has been selected to this prestigious list.

Jarrod joined AEL as a partner in 2024 following more than five years in the U.S. Attorney’s Office for the Southern District of New York, where he was a senior member of the Office’s Public Corruption Unit. An experienced trial and appellate litigator, his practice focuses on white collar criminal defense, government investigations and enforcement, internal investigations, and complex commercial litigation. Since joining AEL, Jarrod has handled a number of high-profile matters, published articles on emerging issues in campaign finance and artificial intelligence, and maintained an active pro bono practice on behalf of a number of organizations.

For the fifth consecutive year, AEL was recognized as a leading law firm in multiple categories. In the Chambers USA 2025 Guide, which was released earlier today, AEL was recognized in the areas of White-Collar Crime & Government Investigations in both New York and New Jersey; Healthcare in New York and New Jersey; and New York Real Estate Litigation. Chambers USA ranked AEL partners Ken Abell, David Eskew, and Scott Landau, and Counsel Jeff Braun, individually as well.

Each year, Chambers & Partners engages in a rigorous review process to generate its rankings, collecting scores of reviews and impressions from clients, referral sources and peers. In the Healthcare category, AEL stands alone as the only small boutique among giant national and international law firms. AEL is proudly ranked alongside some of the most recognizable law firms in the industry. As one client stated:

The AEL team “offers big-firm quality work in a boutique environment.”

AEL was also ranked among Specialist Firms in the White-Collar Crime & Government Investigations category in New York and New Jersey. AEL was ranked along with some of the best litigation boutiques in the country and was recognized for its exceptional knowledge, skill, pragmatism, communication and results. AEL’s team was described as “smart, efficient[,] creative[,] very responsive” and demonstrating “a superior knowledge of the law.” One client sated that AEL “offers quality work in a boutique environment” and “has a really talented group of lawyers.”           

Four of AEL’s attorneys were also recognized individually, as follows:

Ken Abell was ranked individually for New York White-Collar Crime & Government Investigations, New York Healthcare and New Jersey Healthcare. Ken was described as a “fantastic attorney” with an “excellent grasp of legal issues” and “an ability to speak to clients in a calming and reassuring way.”

David Eskew was ranked individually for New York Healthcare, as a New York Specialist in White-Collar Crime & Government Investigations, and for New Jersey White-Collar Crime & Government Investigations. One client stated that “David is a great lawyer. He is extremely accomplished and very attentive to the needs of his clients.” David was also described as a “zealous advocate for his clients” who “brings a wealth of experience handling criminal matters, whether at the corporate level or for individuals.”

Scott Landau was ranked individually for New York Healthcare. Scott has been described as a “brilliant attorney” who is “knowledgeable and responsive and has strong attention to detail.” 

Jeff Braun was recognized for his work in the area of New York Real Estate Litigation. Clients praised Jeff as a “terrific litigator” who “can handle a wide variety of cases with great skill.” As another client stated, Jeff “is fantastic to work with.” He “sees the big picture and knows what is at stake in complicated and difficult cases.”

On February 28, 2025, Abell Eskew Landau LLP and FAMM filed an amicus brief in the U.S. Supreme Court in Carter v. United States.  This is the second brief filed by AEL and FAMM arguing that the United States Sentencing Commission’s recent policy statement, U.S.S.G. § 1B1.13(b)(6), is valid, proper, and within the scope of the Commission’s authority. The brief urged the Supreme Court to grant a petition for certiorari filed by Johnnie Markel Carter, who had sought a sentence reduction in the lower courts pursuant to 18 U.S.C. § 3582(c)(1)(A) (sometimes called the “compassionate release” statute). The district court denied relief and the United States Court of Appeals for the Third Circuit affirmed.     

Section 1B1.13(b)(6) provides that, when deciding whether a person has identified an extraordinary and compelling reason for a sentence reduction, courts may consider a later change in the law if the person has already served ten years of “an unusually long sentence” that, after full consideration of the person’s individualized circumstances, reflects “a gross disparity” between the sentence being served and the sentence likely to be imposed today. The Third Circuit’s precedent in this area reignites a division among the federal Courts of Appeals that § 1B1.13(b)(6) properly resolved, and it prevents many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to grant the petition in order to confirm the statutory authority of the Commission, the broad scope of courts’ sentencing discretion, and the relevance of changes in the law to motions seeking relief under § 3582(c)(1)(A).

The brief, which can be read in full here, reflects the firm’s commitment to seeking justice in sentencing and advocating for the rights of incarcerated persons.

The AEL team includes Jarrod Schaeffer, Olivia Jecklin, and Nafeesah Attah. The FAMM team includes Mary Price and Shanna Rifkin.

AEL and FAMM File Amicus Brief in Rutherford v. United States

On February 21, 2025, Abell Eskew Landau LLP and FAMM filed an amicus brief in the United States Supreme Court in Rutherford v. United States.  The brief urged the Supreme Court to grant a petition for certiorari filed by Daniel Rutherford, who had sought a sentence reduction in the lower courts pursuant to 18 U.S.C. § 3582(c)(1)(A) (sometimes called the “compassionate release” statute). The district court denied relief and the United States Court of Appeals for the Third Circuit affirmed, holding that a policy statement promulgated by the United States Sentencing Commission in 2023 permitting certain people to seek sentence reductions exceeded the broad authority that Congress expressly delegated to the Commission.     

The brief supports Petitioner’s argument that the Commission’s policy statement, U.S.S.G. § 1B1.13(b)(6), was valid, proper, and within the scope of the Commission’s authority.  Section 1B1.13(b)(6) provides that, when deciding whether a person has identified an extraordinary and compelling reason for a sentence reduction, courts may consider a later change in the law if the person has already served ten years of “an unusually long sentence” that, after full consideration of the person’s individualized circumstances, reflects “a gross disparity” between the sentence being served and the sentence likely to be imposed today. The Third Circuit’s decision reignites a division among the federal Courts of Appeals that § 1B1.13(b)(6) properly resolved, and it prevents many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to grant the petition in order to confirm the statutory authority of the Commission, the broad scope of courts’ sentencing discretion, and the relevance of changes in the law to motions seeking relief under § 3582(c)(1)(A).

The brief, which can be reviewed below, reflects the firm’s commitment to seeking justice in sentencing and advocating for the rights of incarcerated persons.

The AEL team includes Jarrod Schaeffer, Jeffrey Braun, Katherine Kulkarni, and Olivia Jecklin. The FAMM team includes Mary Price and Shanna Rifkin.

AEL attorneys David M. Eskew and Heather Suchorsky obtained a probationary sentence (no jail time) in a federal healthcare fraud case on behalf of a pharmacist client. The case, which had been indicted in the Eastern District of New York, was part of a broader healthcare fraud scheme in which the conspirators allegedly paid kickbacks to obtain over $100 million in pharmacy billings. At the sentencing hearing, the government sought a “Guidelines” sentence of nearly three years’ imprisonment and contested the defendant’s submission regarding his role in the broader conspiracy. AEL won the disputed role enhancement issue and obtained a further downward variance based upon several factors under 18 U.S.C. § 3553(a).

The favorable sentence ended a lengthy ordeal for the client, which included a years’ long investigation and an indictment that had been pending for nearly two years more.

The client described AEL’s work in the case: “I am incredibly grateful for the dedication and skill that AEL brought to my case. Their strategic approach, deep understanding of the law, and unwavering support made all the difference in achieving this outcome. It was a long and difficult journey, but their guidance gave me confidence every step of the way.”

AEL specializes in federal white-collar criminal defense with a particular expertise in parallel criminal and civil investigations involving individual and institutional healthcare clients ranging from doctors, pharmacists, and other healthcare professionals to large national hospital systems, laboratories, life sciences companies, and healthcare adjacent entities. AEL has an established track record of assisting clients in avoiding and minimizing federal charges and pushing back against federal prosecutors and agencies with an evidence-based, detail-oriented approach.

*** The foregoing may constitute attorney advertising and readers are cautioned that prior results do not guarantee future outcomes.

2024 was yet another banner year for AEL with noteworthy results for our clients, growth in several of our practice areas, and a slew of recognitions and honors. We are proud to share just some of the highlights from a truly memorable year at AEL.

Growing Our Team

In 2024, we added to our deep bench of litigators. In January 2024, Jarrod Schaeffer joined AEL as a Partner, Jeff Braun joined as Counsel, and Olivia Jecklin joined as an Associate. Jarrod joined AEL after more than five years as an AUSA in the SDNY where he investigated and prosecuted cases involving corruption, fraud, and international money laundering. Jeff joined AEL following many years at a nationally renowned law firm. Jeff is a highly regarded litigator with broad experience handling commercial and business disputes. Olivia joined AEL from a top-ranked international law firm. AEL also welcomed two new paralegals, Veronica Banat and Charlotte Woods, both recent graduates with exceptional academic credentials. We are incredibly proud of our close-knit team and supportive culture and look forward to announcing more strategic additions to our team in the near future!

Noteworthy Cases and Results

In 2024, AEL continued its well-established track record of getting exceptional results in big cases. Here are just a few examples of our noteworthy results from 2024 and ongoing matters:

False Claims Act and Complex Civil Litigation

• AEL obtained a civil-only settlement under the False Claims Act on behalf of a nursing home system that owned and operated more than a dozen skilled nursing facilities in the New York region and elsewhere. The highly favorable settlement resolved multiyear parallel criminal and civil investigations conducted by the U.S. Attorney’s Office for the Northern District of New York and the New York Attorney General’s Office. The case was handled by Ken Abell, Scott Glicksman, and Raquel Frier.

• AEL resolved a pending qui tam action in the Southern District of New York on behalf of a New York-based cardiologist who was previously convicted of criminal charges in connection with a billing issue. The case was handled by Ken Abell, Jarrod Schaeffer, and Kate Kulkarni.

• AEL procured the voluntary dismissal of all claims brought against multiple clients as part of a sprawling, multimillion dollar civil RICO action filed in New York federal Court. The case was handled by Scott Landau, Jarrod Schaeffer, and Jan Jorritsma.

• AEL represents the Chief Executive Officer of a large laboratory company in an intervened qui tam action in the Southern District of New York. The client provided institutional and mobile COVID-19 testing services in New York and beyond during the height of the pandemic. The case is being handled by Scott Landau, David Eskew, Scott Glicksman, and Olivia Jecklin.

• AEL represents the former Chief Executive Officer of a clinical laboratory in a declined qui tam action in the Eastern District of New York. The client’s laboratories provided services to medical practices and skilled nursing facilities. The case is being handled by Scott Landau and Scott Glicksman.

• AEL represents a major hospital system in a declined qui tam action pending in the District of New Jersey. The client operated joint ventures regarding skilled nursing care that are alleged to have violated the federal Antikickback Statute. The case is being handled by Ken Abell, David Eskew, Jan Jorritsma, and Olivia Jecklin.

• AEL represents a large health technology company in connection with a civil FCA investigation being conducted by the U.S. Attorney’s Office for the Eastern District of New York. The case is being handled by Ken Abell and Olivia Jecklin.

White Collar Criminal and Parallel Investigations

• AEL is representing Linda Sun, a former public official in the New York State Government, in a significant prosecution in the Eastern District of New York involving alleged violations of the Foreign Agents Registration Act, visa fraud, alien smuggling, and money laundering. The case is being handled by Ken Abell, Jarrod Schaeffer, and Scott Glicksman.

• AEL represents one of the country’s largest health systems in several ongoing criminal and civil investigations, including matters related to HIPAA, drug diversion, and False Claims Act investigations. Multiple investigations are pending in the Southern and Eastern Districts of New York, which are primarily being handled by Ken Abell, David Eskew, and Scott Landau.

• AEL negotiated a favorable plea deal and obtained a sentence of probation for a pharmacist indicted in the Eastern District of New York. The probationary sentence constituted a substantial downward variance from a recommended Guidelines range of three years’ imprisonment. The case was handled by David Eskew and Heather Suchorsky.

• AEL negotiated a favorable plea deal and obtained a sentence of time served for a Russian national in connection with a multimillion dollar computer fraud conspiracy prosecuted in the Eastern District of New York. The case was handled by David Eskew and Heather Suchorsky.  

• AEL successfully navigated the former owner of multiple pharmacies through plea negotiations and sentencing in a case indicted in the Southern District of New York. AEL negotiated a favorable plea deal and handled the sentencing, at which the client received a meaningful downward variance. The case was handled by David Eskew and Scott Glicksman.

• AEL obtained a sentence of 60 days’ imprisonment for a client convicted of leading a telecommunications fraud conspiracy. The case was prosecuted by the Southern District of California and then transferred to the Eastern District of New York for sentencing. The case was handled by David Eskew.
• AEL obtained a substantial downward variance for a physician-client who pleaded guilty in the District of New Jersey to healthcare fraud charges arising from a genetic testing laboratory scheme. The case was handled by David Eskew and Heather Suchorsky.

• AEL is serving as pool counsel on behalf of a large publicly-traded diagnostic laboratory services company in connection with a parallel investigation being conduct by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew and Heather Suchorsky.

• AEL is serving as pool counsel to a large national health system in connection with a parallel investigation being conducted by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew.

• AEL is representing a former employee of a durable medical equipment company who is being prosecuted in the District of New Jersey. The case is being handled by Ken Abell, David Eskew, and Scott Glicksman.

• AEL represents a large publicly-traded company in connection with an investigation being conducted by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew.

Healthcare Regulatory and Transactional Matters

• AEL advised a prominent Article 28 diagnostic treatment center (DTC) in connection with a complicated transaction involving the restructuring of its facility lease and associated debts and obligations.    

• AEL defended a large not-for-profit multispecialty provider in connection with a third-party payor audit and overpayment demand. The payor’s initial overpayment demand was approximately $3.4mm, however, AEL’ convinced the payor that is allegations were baseless. The payor agreed to drop the audit and demand in its entirety and to close the file. The client paid $0 in overpayments.  

• AEL represented Ambulatory Surgery Centers in equity and asset sale transactions with private equity backed ventures and other provider entities. 

• AEL advised multiple healthcare providers and “healthtech” ventures in connection with regulatory and compliance questions and issues, including questions regarding HIPAA privacy and security, Antikickback and Stark Law compliance, Medicare conditions of participation, FDA regulatory matters, and New York State healthcare issues.

• AEL designed OMIG compliant compliance programs for practice groups and HIPAA compliance programs for healthcare providers and healthcare adjacent concerns.

• AEL advised a medical practice in connection with a data breach incident and associated issues and questions regarding breach notification, mitigation, and exposure. 

Awards, Recognitions and Accolades

In 2024, AEL received deserved recognition for its excellent work. Below are some highlights:

• In June 2024, AEL was once again ranked by Chambers USA as a leading law firm in Healthcare (NY), Specialist Litigation Firms in White Collar & Government Investigations (NY), and White Collar Crime & Government Investigations (NJ). Ken Abell, David Eskew, Scott Landau and Jeff Braun were all individually ranked in multiple categories.

• In July 2024, Jarrod Schaeffer was selected to the 2024 Lawdragon 500 X “Next Generation” list.

• In August 2024, Jarrod Schaeffer was named to Benchmark Litigation’s 40 and Under List.

• Also in August 2024, Best Lawyers honored Ken Abell, Scott Landau, Scott Glicksman and Raquel Frier as Best Lawyers in Health Care Law. AEL was also ranked as a Best Law Firm in Health Care Law.
• David Eskew and Jeff Braun were named to the Super Lawyers list. David Eskew was recognized as a Top Attorney in White Collar Criminal Defense. Jeff Braun obtained the honor for the 18th year in a row in the areas of Business Litigation, Land Use & Zoning and Environmental Litigation.

• Scott Landau became an Adjunct Professor of Law at Brooklyn Law School, where he co-teaches a seminar on Healthcare Regulation. 

We are enormously grateful for our continued success and to our clients who continue to trust us with important and sensitive matters. We are proud to zealously represent their interests and we are looking forward to an even better 2025. Happy New Year to all.

Best Lawyers® honored AEL and three of its attorneys again this year.

AEL has been recognized again by “Best Lawyers” as a 2025 “Best Law Firm” in the area of Health Care Law. Additionally, four AEL attorneys took home individual honors. Partners Ken Abell and Scott Landau were named “Best Lawyers” in the category of Health Care Law. And associates Scott Glicksman and Raquel Frier were each named “Ones to Watch.”

The Best Lawyers in America list is one of the most reputable and recognized rankings of attorneys across the nation. Those honored on the list are divided by geographic region and practice area(s) and their work undergoes a significant peer review process.

Best Lawyers: Ones to Watch in America recognizes associates and other attorneys who are at earlier stages of their careers for their impressive performance and professional excellence in private practice. Although slightly newer than the traditional The Best Lawyers in America list, Ones to Watch utilizes the same robust peer-review process and methodology.

AEL proudly recognizes partner Jarrod L. Schaeffer for his selection to Benchmark Litigation’s 40 and Under List. Jarrod, a former federal prosecutor who worked in the U.S. Attorney’s Office for the Southern District of New York, was included in the 2024 list recognizing the “top emerging talent in litigation” from across the United States.

This most recent selection continues a streak of prestigious honors for Jarrod in 2024. Earlier this year, Jarrod was recognized as a rising star in the legal profession by Lawdragon, which named him to their “500 X – The Next Generation” list. Jarrod joined AEL in 2024 and focuses his practice on white collar criminal defense, government investigations, internal investigations, and complex commercial litigation, with a particular focus on matters involving allegations of bribery and corruption, complex fraud, international money laundering, healthcare fraud and novel issues such as artificial intelligence (AI), cryptocurrency, and cybercrime.

AEL is proud to announce that Partner Jarrod R. Schaeffer was recognized as a rising star in the legal professional by Lawdragon, which named him to their “500 X – The Next Generation” list. The elite list of attorneys includes honorees from all over the world. Lawdragon is a leading producer of “best lawyer” guides that highlight and recognize the most effective lawyers in various industries and specialties, using a no pay-wall peer-reviewed methodology.

Jarrod joined AEL earlier this year in January 2024 and has immediately taken the lead on several complex federal white collar matters. Jarrod is a former federal prosecutor, having previously worked in the U.S. Attorney’s Office for the Southern District of New York. His practice is focused on white collar criminal defense, government investigations, internal investigations, and complex commercial litigation, with a particular focus on matters involving allegations of bribery and corruption, complex fraud, international money laundering, healthcare fraud and novel issues such as artificial intelligence (AI), cryptocurrency, and cybercrime. Since joining private practice, he has also become a thought leader, having published multiple articles in Law360 on emerging issues in campaign finance and AI.

AEL and four of its attorneys, including all three of its partners, were recognized in the 2024 Chambers USA Guide as a leading law firm and leading attorneys in multiple categories for the fourth year in a row.

In the 2024 Guide, which was released earlier today, Chambers ranked AEL in three categories:

• Healthcare (NY);

• Litigation: Specialist Firms in White-Collar Crime & Government Investigations (NY); and,

• Litigation: White-Collar Crime & Government Investigations (NJ).

In each category, AEL is ranked alongside some of the most prestigious law firms in the nation, including much larger law firms. Clients described the Firm as having “consistent talent across the board” that use a “reasonable, practical,” and “nimble” approach to “resolve difficult, nuanced matters” to “navigate the perils of potential criminal jeopardy.” As one client stated, “the entire group is fantastic.”

Chambers also recognized four AEL attorneys individually, including all three partners. Two of AEL’s partners – Ken Abell and Scott Landau – moved up in the Healthcare rankings. David Eskew moved up in the White-Collar Crime rankings and maintained his rankings in Healthcare. And Ken Abell obtained the White-Collar Crime ranking in NY for the first time. AEL’s Counsel, Jeff Braun, maintained his prestigious Band 2 ranking in Real Estate: Litigation as well. AEL’s continued success in the areas of healthcare, white-collar criminal defense, government investigations, and commercial litigation continue to place it among the nations’ top law firms of any size. Clients and peers stated that AEL consistently provides “client-centric” representation that is practical, focused, efficient, and incredibly effective. AEL continues to pride itself on being a boutique law firm with exceptional reach and expertise at a fraction of the price of larger law firms. We handle matters of various sizes, ranging from large healthcare and corporate clients to high-stakes individual matters. Regardless of the size of the matter, AEL maintains its signature and well-recognized responsive, practical, detail-oriented, evidence-based, and efficient approach. 

Chambers noted the glowing comments about AEL’s ranked attorneys. Ken Abell was described as a “truly remarkable attorney” who “can handle incredibly complex matters with ease and grace.” Clients noted Ken’s “strong government experience” and stated that he “provides excellent advice.” David Eskew was described as a “smart, practical, and very client-friendly” advocate who “delivers consistently excellent results.” As one client stated, David “is outstanding on the defense side. He cuts through issues, understands ridiculously complex material and applies his judgment to carve out a path.” Similarly, Scott Landau was described as a “brilliant attorney” who is “knowledgeable and responsive and has strong attention to detail.” And one client described Jeff Braun as “among the most sophisticated litigators in NYC working on land use and related matters” who is “able to focus in on the issues and cut straight to their heart.”

The complete rankings by Chambers USA appear below:

Firm-Wide Rankings

Healthcare (NY) – Band 5

Litigation: Specialist Firms in White-Collar Crime & Investigations (NY) – Band 3

Litigation: White-Collar Crime & Government Investigations (NJ) – Band 3

Kenneth M. Abell

Healthcare (NY) – Band 4

Litigation: Specialist Firms in White-Collar Crime & Investigations (NY) – Band 5

David M. Eskew

Litigation: White Collar Crime & Government Investigations (NJ) – Band 2

Litigation: White Collar Crime & Government Investigations (NY) – Band 5

Healthcare (NY) – Band 5

Scott R. Landau

Healthcare (NY) – Band 4

Jeffrey L. Braun

Real Estate: Litigation – Band 2

AEL Partner and former federal prosecutor (SDNY) Jarrod Schaeffer was interviewed by NPR’s Leila Fadel regarding the release of additional documents connected to the Jeffrey Epstein case.

The interview, which was featured on WNYC’s Morning Edition, was aired on on January 5, 2024. You can listen and read the full transcript here, or listen to the full audio below.  

AEL Partner and former federal prosecutor (SDNY) Jarrod Schaeffer was quoted in a recent article by ABC News regarding the challenges facing both the prosecution and defense lawyers in jury selection in the upcoming Trump “hush money” trial.

The article, which was published on March 11, 2024, is entitled “Attorneys face unprecedented challenge in selecting jury for Trump’s hush money trial.” You can read the full article courtesy of ABC News here.