Jerry Froelich-Resume

McKenney and Froelich
1360 Peachtree Street
One Midtown Plaza, Suite 910
Atlanta, Georgia 30309
Telephone: 404-881-1111
Facsimile: 404-881-8040
Email: [email protected]

Jerome J. Froelich Jr., known as “Jerry”, is a successful attorney who specializes in criminal and civil trials and appeals. Jerry has represented a wide variety of clients with emphasis on corporations and professionals, including physicians, attorneys, accountants, officers and directors of corporations against allegations of mail fraud, wire fraud, RICO, tax fraud, securities fraud, health care fraud, government contract fraud, antitrust and mortgage fraud. Jerry has also represented individuals charged with murder,
child pornography and drug offenses. Jerry has been lead trial attorney in numerous civil RICO cases and in three class actions. Jerry has briefed, argued and won numerous cases in various United States Circuit Courts of Appeals and the Georgia Supreme Court. He is former Assistant District Attorney in Essex County, New Jersey and a former Assistant
United States Attorney for the Northern District of Georgia. In his career Jerry has won over 100 jury trials. He has represented defendants in courts in 40 states and the District of
Columbia. He is the former President of the American Board of Criminal Defense Lawyers.

Some of Jerry’s High Profile Criminal Cases

Below is a sample of some of Jerry’s more high profile trials and representations as defense counsel.

Jerry recently persuaded the United States Justice Department’s task force on healthcare fraud not to indict the vice president of a healthcare company, after the company and the president of the company had been indicted. Jerry represented a defendant in United States v. Korchevsky, et al, in the Eastern District of New York, wherein the government alleged a $500 million insider trading scheme. He also recently convinced the district attorney to dismiss a RICO indictment in DeKalb County Superior Court against the president of a company in State of Georgia v. Aaron Lamar Chambers, et al. In 2019 and 2020 Jerry represented the owner of a warehouse company charged with ten counts of possession of stolen property. Jerry convinced the Fulton County District Attorney’s office to dismiss all charges. He also represented the owner of an insurance agency who was indicted on charges of insurance fraud in State of Georgia v. Goss, et al. The day of trial the State dismissed all charges against Jerry’s client. Jerry won the dismissal of drug conspiracy charges against his client in United States v. Coney, et al.

Jerry convinced the United States Attorney’s Office for the Southern District of New York to drop all charges against his client, who was charged with mail fraud involving 12 million dollars. Jerry convinced the Forsyth County District Attorney not to indict his client who was charged with obtaining prescriptions for opioids from numerous doctors. Jerry also convinced the United States Attorney in Atlanta not to charge his client, a well known physician, with medicaid/medicare fraud but rather to resolve the matter as a civil case. Jerry convinced the Securities and Exchange Commission to drop criminal and civil investigations of two of his clients, one in Los Angeles and the other in Atlanta. Jerry also convinced the New Jersey United States Attorney’s Office to decline to prosecute an Atlanta corporation and its executives, who were the targets of a grand jury investigation concerning allegations of computer fraud. Jerry had his client’s involuntary manslaughter and distribution of drug charges dismissed in State of Georgia v. Kunkle.

Jerry acquitted the former University of Georgia head football coach Jim Donnan in the United States District Court in Athens, Georgia. Coach Donnan was charged with 41 felonies for his alleged involvement in a 82 million dollar Ponzi scheme. It was the first not guilty verdict in that court in ten years. Jerry won the acquittal of all charges, including felony murder, of his client in State of Georgia v. Ra Wu in Gwinnett County Superior Court.

Jerry defended former Atlanta Mayor Bill Campbell in United States v. Bill Campbell. After a six week trial, Mayor Campbell was acquitted of all RICO, extortion and bribery counts. Mayor Campbell was only convicted of one count of income tax evasion. In United States v. Mac Wilborn, et al., Jerry represented a prominent Atlanta businessman charged, with four co-defendants, with paying $2 million dollars in bribes to the Commissioner of the Atlanta Airport. Jerry’s client was acquitted of all 133 counts. All other defendants were convicted of all counts. A portion of Jerry’s closing argument in that case is quoted in the book “In The Interest Of Justice”, which features “the great opening  and closing arguments of the last 100 years”.

In United States v. Charles Willis, the jury acquitted Jerry’s client of six charges and was unable to reach a verdict on the remaining charge. The remaining charge was dismissed by the government. The charges involved 800 kilos of cocaine seized in a vehicle in the driveway of Mr. Willis’ home. In State of Georgia v. Ora Curry, Jerry won a not guilty verdict for his client charged with possession with the intent to distribute 5 kilograms of cocaine which were seized from the trunk of Mr. Curry’s automobile. In State of Ohio v. Larry Lomaz, Jerry won the acquittal of Mr. Lomaz, the President of Midwest Fireworks, on all 30 counts alleging the illegal sale of explosives.Jerry won the acquittal of his client in United States v. Sullivan et al., of all charges involving the interstate transportation of over two million dollars of stolen property. That same year he won the acquittal of two different clients charged with child molestation in the Superior Court of DeKalb County, Georgia.

Jerry also won an acquittal of his client charged with extortion and income tax evasion in United States v. Victor Dante. Jerry convinced the United States Attorney to dismiss all charges against his client, Atlanta Police Officer Jack Redlinger, from the RICO indictment in the Gold Club case in Atlanta. In United States v. Buck Pegg, Jerry convinced the United States Attorney for the Southern District of Florida to dismiss an indictment charging his client with moving thirty million dollars of drug money to secret bank accounts in Lichtenstein. He also won summary judgment in a $20 million civil forfeiture case against the same client brought by the United States Attorney’s office in the Eastern District of Louisiana.In the State of Georgia v. Aderhold, Jerry convinced the Fulton County District Attorney to dismiss two murder charges against his client. In the State of Georgia v. Case, Jerry convinced the trial court to dismiss the indictment of his client charged with the largest mortgage fraud in Georgia. Jerry represented a defendant in the case of United States v. Accentturo, et al, in the United States District Court for New Jersey which is the subject of the movie “Find Me Guilty”. All defendants were acquitted. Jerry successfully represented Banco D Occidente, against federal money laundering charges concerning drug money from a Columbian drug cartel. That case is chronicled in the book “Washed In Gold”.

A Sample of Jerry’s Appellate Victories

Jerry won the reversal of two federal criminal convictions in the United States Eleventh Circuit Court of Appeals; United States v. Kottwitz, et al., 614 F. 3d 1241 (11th Cir. 2010) a tax fraud case, and United States v. Les Rector, et al., 643 F. 3d 807 (11th Cir, 2011) the largest mortgage fraud case brought in the United States District Court for the Northern District of Georgia.

Some of Jerry’s other appellate victories are; in State of Georgia v. McKinney, 647 S. E. 2d 44 (2007), where Jerry convinced the Georgia Supreme Court to dismiss an indictment charging Jerry’s client with 29 felony violations of Georgia’s Ethics in Government Act; in Emmanuel v. State of Georgia, 403 S. E. 2d. 899 (1991), Jerry changed the law of entrapment in Georgia; in United States v. $38,000, 816 F. 2d. 1538 (11th Cir. 1987), Jerry changed federal criminal forfeiture procedures; in United States v. Copeland, 591 F. 3d. 1340 (11th Cir. 1998) Jerry limited the government’s use of 18 U.S.C.§ 666 and in Hughes v. Bowers, 893 F. 2d. 348 (11th Cir. 1989), he set the standard of appellate review of exculpatory evidence in criminal cases.

Jerry’s Successes in Civil Litigation

Jerry represented the Plaintiff/Relator in a Qui Tam Action, United States of America, ex rel, Kamal Mustafa Al-Sultan v. Public Warehousing Company-K.S.C. d.b.a. PWC Logistics, Civil Action Case Number 1:05-cv-02968-GET, involving the overcharging ofthe government by the defendants under prime vendor contracts. The defendant settled the case for $95 million dollars.

In other civil litigation Jerry won a $12.5 million dollar settlement in the civil RICO case of Kleiner and Morosani v. First National Bank of Atlanta. Jerry won a $2.4 million dollar jury verdict against Marine Midland Bank in the United States District Court in Pittsburgh. The above litigation, along with twenty other cases Jerry either won or settled against major banks, changed the definition ofthe term“PrimeRate” in the banking industry. Jerry won a $3 million dollar settlement of scalping claims against the Atlanta Olympic Committee for overcharging on Olympic event tickets. He also won a $2 million dollar settlement from First Union National Bank for the way in which it computed interest on checking accounts.