Ken Swartz: Criminal Defense Lawyer in Miami

Swartz’s Criminal Defense Practice Focuses Upon White Collar Crime
Ken Swartz has successfully represented persons throughout Florida and across the country facing criminal charges in state and federal court where the crimes alleged to have occurred involved white collar crimes, such as bank fraud; mortgage fraud; and other economic and business crimes. Mr. Swartz has also represented people who have been charged with Medicare fraud and other health care investigations; as well as income tax evasion and other tax investigations. He has successfully handled internet crime cases involving pornography on the web and other sex related crimes. Ken Swartz’s criminal defense practice also includes defending against charges of federal and state drug offenses, such as importation, possession and distribution, and money laundering.

The “Dirty Bomber” Case
His name may be familiar to many due to the media scrutiny surrounding a case where Mr. Swartz represented the lead defendant in the United States v. Jose Padilla, a 4-month federal jury trial that drew international attention for the high stakes prosecution of the man dubbed the “Dirty Bomber.” In that case, Ken Swartz successfully convinced the judge to reject the government’s request for a life sentence, obtained a sentence that was well below the federal sentencing guidelines.

Leader in the Florida Criminal Defense Bar
For the past eight years (since 2001), Ken Swartz has been organizer and program chair of the annual Advanced Federal Criminal Practice seminar, sponsored by the Criminal Law Section, recognized as the preeminent federal practice seminar for attorneys in Florida. Swartz is also an active member of the National Association of Criminal Defense Lawyers. Mr. Swartz is a former president of the Miami Chapter of the Florida Association of Criminal Defense Attorneys, a member of its statewide board of directors, and serves on the Executive Council of the Florida Bar Criminal Law Section.

Additionally, Mr. Swartz has written several articles on criminal defense practice for the Florida Defender, the publication for the Florida Association of Criminal Defense Lawyers that is read by to criminal defense lawyers and judges throughout the state.  As a lecturer, Ken Swartz has spoken countless times on issues involving federal criminal law.

Swartz Honed His Criminal Defense Expertise by Handling over 1000 Federal Cases as a Top Federal Defender
Prior to the formation of Swartz & Lenamon, Ken Swartz was a supervisor in the Federal Defender Office of South Florida, one of the busiest and distinguished Federal Defender offices in the country.  There he practiced in Federal Court on a daily basis and handled well over 1000 felony criminal cases, achieving an impressive win record for his defense clients as he accumulated one acquittal after another.  

Rodney Thaxton Memorial “Against All Odds” Award Recipient
Recently, Ken Swartz was awarded the Rodney Thaxton Memorial “Against All Odds” Award by the Miami Chapter of the Florida Association of Criminal Defense Lawyers for his work representing a the lead defendant in the Jose Padilla case.  This honor is awarded each year to criminal defense lawyers who take on a particularly difficult case and represents the heart and spirit of criminal defense.

Ken Swartz graduated with honors from the Tulane University School of Law in New Orleans.

Background
Board Certified as Criminal Trial Lawyer by the Florida Bar Association (1998 – present)
AV Rating by Martindale-Hubbell Peer Review Rating
Juris Doctorate, Tulane University School of Law (New Orleans)

Memberships
National Association of Criminal Defense Lawyers
       Member
Florida Association of Criminal Defense Lawyers
       Director on Board of Directors
Florida Association of Criminal Defense Lawyers – Miami Chapter
       Past President
Florida Bar Association - Criminal Law Section
       Executive Council Member
Dade County Bar Association
       Former Director on Board of Directors

Time Magazine
“Has Bush Gone Too Far? The President’s secret Directive to let the NSA snoop without warrants sets of a furor.”
Ken Swartz quoted as expert in the article

New York Times
“Padilla is guilty on all charges in Terror Trial.”
August 17, 2007
Ken Swartz

New York Times
“Old Bin Laden Interview is allowed into Padilla’s trial.”
June 22, 2007
Ken Swartz

New York Times
“Handling of interrogation recordings leads to a defense request in Padilla Case.”
January 8, 2008
Ken Swartz

New York Times
“Defense lawyers plan challenges over spy efforts.”
December 28, 2005
Ken Swartz

Miami Herald
“Jose Padilla Co-defendant asks for CIA documents”
January 8, 2008
Ken Swartz

Miami Herald
“Padilla Sentencing hearing echoes trial”
January 9, 2008
Ken Swartz

Miami Herald
“Miami jury convicts Padilla”
August 17, 2008
Ken Swartz

Miami Herald
"Terrorism trial heads into final stages."
August 12, 2007
Ken Swartz

Miami Herald
“Terror suspects to challenge wiretaps”
December 28, 2005
Ken Swartz

El Nuevo Herald
“Pasa 30 meses en la carcel tras cargos injustos de narcotrafico”
February 16, 2003
Ken Swartz

Daily Business Review
“The case against Hassoun”
June 21, 2006
Ken Swartz

Daily Business Review
“Sunrise terror suspect wants gag order off”
February 2, 2005
Ken Swartz

2008 Daily Business Review of South Florida:  Most Effective Lawyer Finalist – Criminal Law

Florida Super Lawyer 2008 - Criminal White Collar Defense
Florida Super Lawyer 2007 - Criminal White Collar Defense

2008, Rodney Thaxton “Against All Odds” Award
(for criminal defense representation in the Jose Padilla case)

Special Recognition Award -- United States Probation Office

Seminars
Program Chair, 2001 - 2009
Advanced Federal Criminal Practice Seminar
(sponsored by the Criminal Law Section of the Florida Bar)

The Practice Seminar – A Federal Court Primer
(sponsored by the Florida Association of Criminal Defense Lawyers)

Trial Advocacy Program
Widener University School of Law

Publicaitons
“Role Reduction Under the Federal Sentencing Guidelines”
By Ken Swartz
Florida Defender, Winter 2002

“A Few Basics About Contempt”
By Ken Swartz
Florida Defender, Winter 2003

“Eleventh Circuit Case Law Update and Survey”
By Ken Swartz
Column, Florida Defender  (2008)

United States v. D. E.
Ken Swartz represented a client charged in federal court with (1) conspiracy to traffic in 100 kilograms of cocaine and (2) conspiracy to launder money in the amount of $700,000. Despite the prosecutor’s evidence including tape recordings and testifying co-defendant, Ken Swartz’s client was acquitted by the jury.

United States v. O. G.
Mr. Swartz’s client faced federal charges of conspiracy to distribute multi-kilograms of cocaine.  At trial, Ken Swartz successfully impeached the confidential informant and his client was acquitted by the jury.

United States v. B. D.
Federal charges were brought against an innocent defendant, accusing the man, a client of Ken Swartz, with importing counterfeit currency – currency that was hidden in a briefcase without his knowledge.  Ken Swartz took the case to trial, where the man was found “not guilty” by the jury.

United States v. R. A.
Ken Swartz defended an elderly man in federal court against charges of conspiracy with cocaine distribution in cocaine.  Mr. Swartz’s client was acquitted by the jury.

United States v. H. T.M.
Federal charges of transporting quantities of cocaine were filed against a Vietnam Veteran; Mr. Swartz defended the veteran at trial, and he was found “not guilt” by the jury.

United States v. O. 
Facing serious federal charges of conspiracy to traffic in cocaine, Ken Swartz took the case to trial and the defendant was acquitted by the jury.

United States v. Y. 
The federal government brought criminal charges against a bank employee, charging the employee with embezzling bank funds.  Rather than settle, Ken Swartz and his client took the case to trial, were the bank employee was found “not guilty” by the jury.

United States v. D.
Ken Swartz defended his client against federal charges of conspiracy to traffic in cocaine in a federal trial, with the defendant being  acquitted by the jury.

United States v. M.
Mr. Swartz’s client was charged with violating federal law by the possession of a firearm found in his car. The case was tried in federal court and the defendant was found “not guilty” by the jury.

United States v. C.
Facing federal charges of conspiracy to purchase a large quantity of cocaine, Ken Swartz’s client opted for a full trial rather than settle with the prosecution, where he was acquitted by the jury.

United States v. T.
Mr. Swartz’s client was charged with possession of a firearm found near his car.  At trial, Ken Swartz presented a case of police retaliation against his client because of the defendant’s cooperation against a corrupt police officer. Mr. Swartz’s client was acquitted by the jury.

United States v. A. P.
Facing felony charges in federal court of importing cocaine from outside the country, Ken Swartz defended his client in a full trial to jury verdict, where the defendant was found “not guilty” by the jury.

United States v. R. E.
Federal authorities charged Ken Swartz’s client with making threatening communications against union officials, which is a violation of federal law.  At trial, Mr. Swartz demonstrated a lack of voice identification of the defendant, a key flaw in the prosecution’s case, which led to an acquittal by the jury.

United States v. G. F.
An elderly woman facing federal charges that she had smuggled a child into the country from Jamaica, enlisted the aid of Ken Swartz as her attorney; when Mr. Swartz proved the child was her own granddaughter, the charges were dismissed.

United States v. R. G
Ken Swartz’s client went to trial in federal court on charges of importation of cocaine from outside the country, only to have a mistrial declared because of hung jury. 

United States v. M.K.
Ken Swartz’s client was a Russian native who was charged with violating federal law by importing of Russian Caviar without a proper license. After Mr. Swartz had his  client testify at trial, the jury unable to agree and a mistrial was declared. 

United States v. F. P. 
Mr. Swartz’s client was charged with conspiracy to distribute in cocaine; before any trial was had, Mr. Swartz convinced the government that his client was innocent and the prosecution dismissed all charges.