Introduction

Richard is a shareholder in Fredrikson & Byron’s White Collar & Regulatory Defense, Health Care Fraud & Compliance and Litigation Groups.

Richard has considerable criminal defense experience defending individuals and businesses at trial and on appeal in state and federal court. He has worked on a wide variety of white collar cases, including antitrust, bank fraud, environmental crimes, health care fraud, mail and wire fraud, securities fraud, and tax evasion. In addition, Richard handles other serious misdemeanor and felony cases for Fredrikson & Byron. Richard is regularly named one of the top 40 criminal defense lawyers in Minnesota by the Minnesota Journal of Law and Politics.

Before joining Fredrikson & Byron, Richard was a solo criminal defense practitioner (1997-2005) and an associate at Robins, Kaplan, Miller & Ciresi (1991-1996).

Education

• William Mitchell College of Law, Minnesota, J.D. 1989
• Oxford University, Oxford, England
• St. Olaf College, Northfield, Minnesota, B.A., History, 1984

Bar Admissions

• Minnesota, 1990
• U.S. District Court of Minnesota, 1990
• U.S. District Court of North Dakota, 1996

• Eighth Circuit Court of Appeals, 1995

Practice Areas

• White Collar & Regulatory Defense
• Health Care Fraud & Compliance
• Litigation
• Internal Investigations
• False Claims Act Defense

Representative Experience

Trials

Richard has acquired extensive courtroom experience and tried numerous cases to a jury verdict. Here are a few highlights:

• Represented the former President of a non-profit foundation accused of orchestrating an $80 million Ponzi scheme involving the sale of exercise equipment to over 700 schools nationwide.
• Represented co-owner of a Duluth demolition business accused of dumping waste in a wetland in violation of the federal Clean Water Act. After a two-week trial, the Government dismissed all charges.
• Represented a doctor in a multi-count sexual abuse trial, resulting in an acquittal on all counts.
• Represented a local businessman accused of felony weapons charges, resulting in an acquittal of all counts.
• Represented an individual accused of taking financial advantage of a vulnerable adult, resulting in an acquittal.

Pretrial Dismissals

Richard has also successfully obtained the dismissal of criminal charges prior to trial in a number of cases. Here are a few examples:

• Represented an individual accused of failing to file six years of individual tax returns. Before trial, the district court judge dismissed all charges.
• Represented a former suburban mayor accused of conflict of interest violations and successfully obtained a pretrial dismissal of all charges.
• Represented the campaign manager of a candidate for Minnesota State Senate in an election fraud prosecution. All charges were dismissed by the Court prior to trial.

Appeals

Richard has an active appellate practice in both federal and state courts. Here are some examples:

• United States v. Cameron Lewis, 557 F.3d 601 (8th Cir. 2009)
• United States v. Robert Williams, 477 F.3d 974 (8th Cir. 2007)
• State of Minnesota v. Compassionate Home Care, 2004 WL 711333 (Minn. Ct. App. 2004) and 639 N.W.2d 393 (Minn. Ct. App. 2002)
• United States v. Michael Williams, 340 F.3d 646 (8th Cir. 2003)
• United States v. Juan Monroy, 223 F.3d 797 (8th Cir. 2000)
• United States v. Kevin Harris, 70 F.3d 1001 (8th Cir. 1995)
• Arkwright Mutual Insurance Co. v. Gwinner Oil, Inc., 125 F.3d 1176 (8th Cir. 1995)
• Franklin Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995)

Selected Publications & Presentations

• Presenter, MNACCA’s Advanced Internal Investigation Lunch and Learn, October 5, 2010
• “Criminal Law Practice Tips for Civil Lawyers: What to do When the Feds are at the Door,” Minnesota State Bar Association Civil Litigation Section, January 25, 2007
• “Department of Justice Policies Held Unconstitutional,” co–authored with John Lundquist, Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, July 2006
• “Lessons Learned From the Arthur Andersen Case,” Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, September 2005

Professional Activities

• Secretary, Minnesota State Bar Association
• Past President, Ramsey County Bar Association
• Member, Minnesota Lawyers Professional Responsibility Board
• Former Board Member, Minnesota Association of Criminal Defense Lawyers, 2003-2006
• Federal Criminal Justice Act Panel

Honors & Distinctions

• Selected Super Lawyer by Minnesota Law & Politics, 1999-2009
• MSBA President’s Award, Member of Task Force on the ABA Model Rules of Professional Conduct, 2003