Atlanta, Georgia Criminal Defense Attorneys

Nick Lotito & Seth Kirschenbaum

918 Ponce de Leon Avenue, Northeast
Atlanta, Georgia 30306
USA

(404) 688-2000

(404) 872-1622

www.atlanta-criminal-law.com

Contact Nick Lotito & Seth Kirschenbaum

Law Firm Overview FREE CONSULTATION

Nick Lotito & Seth Kirschenbaum is a law firm located in Atlanta, serving clients throughout the state of Georgia. Attorneys Nicholas Lotito and Seth Kirschenbaum are experienced trial lawyers and highly regarded in the Georgia legal community, each in their own unique ways.

Attorney Lotito has lectured Georgia lawyers on topics of continuing legal education and appeared as expert legal commentator on the cable network Tru TV (formerly known as Court TV). A former federal prosecutor, he is a past president of the Georgia Association of Criminal Defense Lawyers. For many years, he chaired that group's Amicus Committee. He also recently taught law to students in Vladivostok, Russia, through the Center for International Legal Studies. Georgia Trend Magazine has named him as a member of the Legal Elite.

Attorney Kirschenbaum has served as a trial attorney for the U.S. Department of Justice, Antitrust Division, as well as assistant U.S. attorney for the U.S. Attorney's Office in the Northern District of Georgia. He has held leadership positions in several professional organizations, having served as president of the Atlanta Bar Association and chair of its criminal law section. He is currently a member of the board of governors of the State Bar of Georgia.

Nick Lotito and Seth Kirschenbaum now apply their considerable prosecutorial and criminal defense experience to your criminal problem. At our Atlanta law offices, we create solutions for people in trouble.

Areas of Law

Additional Areas of Law: Public Corruption; Money Laundering; Misuse of Government Funds; Misuse of a Public Office; Granting Corrupt Favors; Illegal Business Practice; Price-Fixing Agreements; Kickbacks; Customer Allocation and Division; Bid Rigging; Illegal Tax Practices; Racketeering; Tax Evasion; Real Estate and Mortgage Fraud; Contracting Fraud; Health Care Fraud; Tax Fraud; Securities Fraud; Bank Fraud; Medicare/Medicaid Fraud; Email Fraud; Prescription Drug Fraud; Drug Distribution and Sale; Marijuana Charges; Internet Crimes; Computer Fraud; Forgery; Phishing Scams; Date Rape; Sexual Battery; Solicitation; Sexting; Child Molestation; Lewd Conduct; Pandering; Indecent Exposure; Aggravated Sodomy; Reckless Driving; Vehicular Homicide; Armed Robbery; Misdemeanor; Stalking; Sexual Assault; Kidnapping; Motor Vehicle Theft.

Areas of Law Description

- White Collar Crimes

Facing allegations of white collar criminal charges without an experienced attorney can severely limit your defense. Consult an established criminal defense lawyer before talking to the police, an investigative agent or anyone associated with the prosecution.

- Public Corruption

Allegations of public corruption can have an immediate and irreversible impact on a person’s life as well as their career. So, at the Atlanta law offices of Nicholas Lotito and Seth Kirschenbaum, we take a holistic approach to representing our clients accused of any sort of public corruption, helping them fight charges while maintaining a positive public image. Our focus is on helping clients achieve the best possible results, no matter how complex the situation and no matter how serious the charges. Our law practice represents businesspersons, government officials, public figures and politicians accused of a wide range of public corruption charges:

• Misuse of government funds
• Embezzlement
• Bribery/accepting bribes
• Misuse of a public office
• Granting corrupt favors

- Money Laundering

Money laundering is a complex federal crime which targets efforts to legitimize money earned from alleged criminal activity. Individuals often face money laundering charges in conjunction with a host of federal charges including drug charges, embezzlement, wire fraud and mail fraud, especially when prosecutors seek to magnify the penalties on the original or underlying charges.

- Illegal Business Practice

In today’s evolving business world, the government may fail to understand the true nature of your business model. State or federal governments may then make accusations of illegal business practices where none actually exists. At the Atlanta, Georgia, law offices of Nicholas Lotito and Seth Kirschenbaum, we fight back. We use our extensive experience in state and federal criminal law to help our clients defend their lives and businesses from criminal allegations of illegal business practices. We help clients with a variety of business-related charges including:

• Price-fixing agreements
• Kickbacks
• Customer allocation and division
• Bid rigging
• Illegal tax practices

- Embezzlement

Embezzlement typically involves large amounts of money changing hands illegally through larceny, "skimming," the creation of dummy vendors or suppliers, and various schemes to obtain money in an unlawful manner. Because tens and hundreds of thousands of dollars are involved — and sometimes millions — punishments can be especially harsh for a state or federal conviction.

- Copyright Infringement

Copyright and trademark offenses have caught the attention of federal prosecutors. Trade associations are notorious for policing questionable sales on eBay, Craigslist and in showrooms across the world. Suspicious activity is quickly brought to federal prosecutors' attention and can be prosecuted criminally. Federal sentencing guidelines can magnify the potential impact of these charges.

- Antitrust Crimes

At the law offices of attorneys Nicholas Lotito and Seth Kirschenbaum, we advise and represent corporate officials and companies accused of, or under investigation for antitrust violations. Early in our careers, each of us worked for the Antitrust Division of the United States Justice Department, and we have experience addressing these issues as defense attorneys. Criminal antitrust charges generally stem from allegations of price-fixing, bid-rigging, customer allocation and related anticompetitive business practices.

- Kickbacks

A criminal conviction for public corruption, or offering or receiving kickbacks, carries severe penalties, including jail or prison, substantial fines, a criminal record, long-term separation from your loved ones and strict conditions of parole or supervision upon your release.

- Tax Evasion

Tax evasion is the use of illegal means to avoid reporting income. This activity could include a small business owner's failure to report a day's, week's or month's cash proceeds or a millionaire's use of a secret offshore account.

- Whistleblower / Qui Tam

The phrase "qui tam" describes an individual's authority to act on behalf of himself and his government. A qui tam legal action is a civil lawsuit brought by a "relator" or whistleblower against a former employer or former employee, typically regarding a government contract. The qui tam whistleblower reward is a provision of the False Claims Act, originally enacted to oppose defense procurement fraud by defense contractors.

- RICO

Atlanta criminal defense attorneys Nicholas Lotito and Seth Kirschenbaum represent clients accused of racketeering and crimes under the Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, including violations of federal mail and wire fraud statutes and allegations of criminal behavior such as bribery, extortion, money laundering, blackmail, illegal gambling, obstruction of justice and activities related to criminal schemes.

- Fraud

When facing state or federal fraud charges, consult an attorney immediately. Your attorney needs time to build a strong case by collecting necessary legal and factual information. Consulting an attorney could also protect you from making statements or taking actions that could harm you in the future. In some circumstances, our proactive measures have helped prevent formal charges from being filed. Our extensive background and access to a network of experts help us mount a strong defense for clients accused of fraud charges, including:

• Real estate and mortgage fraud
Recent changes in the real estate market have led to an increased number of fraud charges. Mortgage lenders, appraisers and individual business leaders are often victims of these allegations.

• Contracting fraud
We represent government contractors and other businesses accused of fraud by federal or state prosecutors. We have the skills to handle complex cases involving federal allegation.

• Health care fraud
Fraud charges related to Medicaid or Medicare are often brought against business professionals and providers who have the best interests of patients in mind. When the government misunderstands your business model, or when you face potentially life-changing consequences of a health care fraud conviction, contact our experienced team for a strong defense.

• Tax fraud
We defend people and businesses accused of federal tax fraud. Both of the attorneys at our law firm have more than 30 years of experience in the criminal justice system — we are well-qualified and experienced with tax fraud matters.

• Securities fraud
Charges of insider trading, investment fraud and manipulation of stocks can be career ending and have devastating consequences. At the law offices of Nicholas Lotito and Seth Kirschenbaum, we offer aggressive defense to stockbrokers, investors and other business professionals facing securities fraud charges.

• Mail and Wire Fraud
Federal prosecutors bring charges of mail and wire fraud in white collar criminal cases. Under 18 U.S.C. § 1341, if the mails are used in connection with a criminal offense, then mail fraud charges can be brought. Under 18 U.S.C. § 1343, the use of a communication device such as a telephone, cell phone or computer in the commission of a crime can result in wire fraud charges. A person accused of securities fraud or antitrust violations may find themselves facing additional prison time if they allegedly used any of these mediums in the commission of the underlying offense.

• Insurance Fraud
If you are facing insurance fraud charges, seek experienced legal help immediately. Insurance fraud allegations are complicated, often involving many different types of insurance coverage and policies.

• Check or bank fraud
When investigators come after you to question you about your alleged role in a check or bank fraud scheme, you should know that you have rights — rights that should be protected by the most skilled defense lawyers you can find.

• Medicare and Medicaid fraud
With federal regulation and oversight of the health care industry at an all-time high, health care providers are being held firmly to their responsibilities for accurate financial accounting. These providers are often subject to investigation and indictment over allegations of fraudulent manipulation of our Medicare and Medicaid systems.

• Prescription Drug Fraud
If you are under investigation for prescription drug fraud in Atlanta or elsewhere, consult a seasoned criminal defense attorney. Possession or distribution of prescription drugs without authorization can cause serious penalties at the state and federal levels.

- Drug Charges

A conviction on federal drug charges carries harsh consequences. So, if you have been accused of federal drug crimes, it is important to work with an experienced criminal defense lawyer. The Atlanta, Georgia, law practice of attorneys Nicholas Lotito and Seth Kirschenbaum uses years of experience to defend people accused of federal drug crimes including drug trafficking, drug smuggling, drug manufacturing, possession with intent to distribute and drug conspiracies.

- Drug Distribution and Sale Defense

If you have been accused of trafficking or possession with intent to sell or distribute drugs in Georgia, the odds are stacked against you. State and federal prosecutors have the power, resources and finances that can only be blunted by the most experienced criminal defense representation you can find in the state.

- Marijuana Charges

If you, a friend or loved one has been arrested for marijuana possession, sale, delivery or distribution — including cannabis growing in a "grow house" — the experienced assistance of a skilled defense attorney is essential.

- Computer & Internet Crimes

Each year, the federal and state government invests more resources into Internet stings and prosecuting computer crimes. If you have been accused of identity theft or another computer crime, consult a criminal defense lawyer prepared to develop a strong defense.

• Computer Fraud, Forgery and Phishing Scams
The Internet has unleashed nearly an unlimited potential for business growth. Unfortunately, the government sometimes perceives legitimate business ventures as illegal operations. If you are accused of white collar crimes including business fraud, phishing scams or forgery, we will conduct a thorough investigation and analyze the allegations against you.

• Child Pornography
If you are awaiting trial on charges of possession of child pornography in Georgia, you know the kinds of devastating punishments you are facing. You need the help of an experienced criminal defense lawyer immediately.

• Identity Theft
An allegation of identity theft is serious business. You need serious representation that increases your chances of avoiding conviction and a variety of harsh, life-changing punishments. Contact our Atlanta criminal defense law offices of Nick Lotito and Seth Kirschenbaum for the free initial consultation that could turn your life around. Our commitment to excellence has built a history of positive results for more than 30 years.

- Sex Crimes

If you have been arrested for a serious sex crime in greater Atlanta, you are at risk for conviction and harsh punishments such as jail time, heavy fines, damage to your reputation and employment prospects, and sex offender registry. You should contact attorneys Lotito and Kirschenbaum immediately if you have been arrested for a serious sexual criminal offense such as:

• Rape
• Date rape
• Sexual battery
• Solicitation
• Possession or distribution of child pornography
• Internet solicitation of a minor
• Sexting
• Production and sale of pornographic material featuring minors
• Child molestation
• Lewd conduct
• Pandering
• Indecent exposure
• Prostitution
• Aggravated sodomy

- Traffic Offenses

A traffic offense that happens in the blink of an eye can have serious, lifelong consequences. Whether it was a lapse in judgment or a wrongful accusation, we support our clients by providing a strong criminal defense. At the Atlanta law offices of lawyers Nicholas Lotito and Seth Kirschenbaum, our goal is to help you get the best possible results so that you can minimize the consequences of a serious traffic offense and move forward with your life. Each with over 30 years of experience, we provide skilled and knowledgeable legal representation in a wide range of serious traffic matters:

• Reckless driving
• Vehicular homicide (homicide by vehicle)
• Driving on a suspended license
• Driving on a revoked license
• Drunk driving (DWI / DUI)

- Violent Crime Charges

As experienced attorneys, we understand how hard accusations of involvement in violent crime can be on a person. That's why we work hard to help our clients get the best possible results. When you are facing charges, contact our Atlanta law offices and talk with Nicholas Lotito and Seth Kirschenbaum about your options. We represent clients in a wide range of violent crimes including those related to family violence, stalking, sexual assault, kidnapping and:

• Simple assault and aggravated assault
We represent people charged with felony and misdemeanor assault crimes, including those that relate to assault with a deadly weapon, physical attack or threats of injury.

• Simple battery and aggravated battery
Depending on the circumstances, charges related to battery can be either misdemeanor or felony. A felony conviction carries serious consequences, often including a lengthy sentence, so we defend our clients aggressively.

• Sexual assault
Violent sexual crimes, like sexual assault and rape, are taken very seriously by the government. When you have been accused, we fight hard to protect your rights and defend you.

• Domestic Violence
n domestic violence cases, an arrest is usually mandatory. We have experience in resolving these offenses in various counties throughout the metro Atlanta area.

• Armed robbery
Georgia law is serious about armed robbery. Even if an actual weapon was not used — if a replica, toy, pellet gun or object that appeared to be a weapon was involved — a person can still be charged. Because of the nature of the charges, you need an experienced attorney to help you get the best possible results.

• Homicide
If you are convicted of homicide in Georgia, your life could literally be on the line – you need a strong, aggressive and knowledgeable defense.

- Property Crime Charges

The consequences of a conviction for a property crime can be life-changing. If you or someone you care about has been arrested for a property crime, it is critical that you work with a well-qualified criminal defense attorney. Atlanta defense lawyers Nicholas Lotito and Seth Kirschenbaum have dedicated their entire careers to excellence in matters of criminal law. We continue to provide effective legal representation to those accused of property crimes. We represent people accused of a wide range of these crimes including:

• Burglary
In Georgia, a person commits burglary when he or she enters another's home, car, boat or other property with the intent to commit either a felony or a theft. Often, people are charged with burglary without actually taking anything — just allegedly having the intent to do so can be enough to get you in serious legal trouble.

• Larceny/theft
When you or someone you love has been accused of theft, like theft by shoplifting, by conversion or by taking, penalties under Georgia law can be strict. We fight back by taking quick and effective legal action.

• Motor vehicle theft
When you have been accused of auto theft or related crimes, we can work with you to develop a strong defense.

• Arson
Because of the high profile and potential for injury in many arson cases, Georgia takes these cases very seriously. We fight back with a serious defense.

• Shoplifting
Your arrest for a retail crime could have serious consequences if you are convicted. You should act now to protect your rights by contacting experienced Atlanta shoplifting defense lawyers Nick Lotito and Seth Kirschenbaum.

- Appellate Practice

The criminal defense attorneys at our law firm start every appeal by diligently going through the trial transcripts. We will look for procedural issues that were not followed or executed incorrectly, ultimately affecting the outcome of your trial, such as:

• State Court Appeals
When a state court trial goes wrong and errors lead to a conviction, we are prepared to protect individuals' constitutional rights. Our legal team will request a review of the state court's decision. We will fight for your conviction to be overturned through showing your case was mishandled.

• Federal Appeals
Federal law is complex and the stakes are high. As former federal prosecutors, we have a highly developed ability to pinpoint procedural errors at trial that could have resulted in guilty verdicts. We use this ability to your benefit. Our in-depth examination of your federal trial transcripts helps us shape effective strategy to file a motion for new trial or a notice of appeal.