Nick Lotito & Seth Kirschenbaum

Atlanta, Georgia Criminal Defense Attorneys

Nick Lotito & Seth Kirschenbaum

918 Ponce de Leon Avenue, N.E.
Atlanta, Georgia 30306

Phone(404) 692-5168
Fax (404) 872-1622

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Law Firm Overview

Nick Lotito & Seth Kirschenbaum is a criminal defense firm located in Atlanta, serving clients throughout Fulton County and the state of Georgia.
Practice areas encompass white collar crimes including financial crimes and public corruption, fraud, antitrust crimes, RICO and racketeering cases, tax evasion, computer and internet crimes, drug charges, DUI and vehicular homicide, serious traffic violations, violent crimes and domestic violence, sex crimes, and property crimes such as theft, state and federal appeals, as well as qui tam and whistleblower representation.

Attorneys Nick Lotito and Seth Kirschenbaum each have more than 30 years of professional experience and are former state prosecutors, giving them inside knowledge of the tactics used by the other side. Between them, they are admitted to the Supreme and State Courts of Georgia, the U.S. District Court-Northern District of Georgia, the U.S. Court of Appeals for the 4th, 5th, and 11th Circuits, and the U.S. Supreme Court.

The legal team uses their knowledge and skills to ensure clients’ rights are protected and develop defense strategies designed to achieve the best possible results in their state and federal criminal cases.

Languages: English

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.

- 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.

- 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.


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.

- 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.

- 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.

- 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.


Seth Kirschenbaum Mr. Seth D. Kirschenbaum
Criminal Defense

Nicholas Lotito Mr. Nicholas A. Lotito
Criminal Defense, White Collar Crime


  • State Bar of Georgia
  • American Bar Association
  • Georgia Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Lawyers

More Information on Nick Lotito & Seth Kirschenbaum

Criminal Defense
Property Crimes
Sex Crime Defense
White Collar Crimes
Embezzlement Defense
Computer & Internet Crimes
RICO & Racketeering Charges
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