Previous Cases and Trial Experience

Mr. Fitzgibbons has defended a wide variety of federal and state criminal cases over the years. The following is a limited but representative summary of some of his cases:

  • Mr. Fitzgibbons obtained an acquittal of the president of a defense contractor charged in U.S. District Court in Connecticut with conspiracy and mail fraud.

  • Mr. Fitzgibbons obtained an acquittal of an executive of Merrill Lynch International charged with money laundering in U.S. District Court in Tampa.

  • Mr. Fitzgibbons obtained an acquittal of a Tampa restaurant owner charged with manslaughter after pursuing and killing an armed robber.

  • Mr. Fitzgibbons obtained an acquittal of a lawyer charged in U.S. District Court in Tampa with bribery, payment of illegal gratuities and false statements to the FBI.

  • Mr. Fitzgibbons obtained an acquittal of an individual charged in Tampa with second degree murder with the jury accepting a self-defense argument.

  • Mr. Fitzgibbons represented the founder of the Hooters national restaurant chain who was charged with tax evasion in U.S. District Court in Tampa for allegedly failing to report $11 million in income in a two-year period. After a two-week trial, the jury could not reach a verdict, a mistrial was declared and the Government subsequently declined to re-try the case and dismissed all charges.

  • Mr. Fitzgibbons obtained an acquittal of a deputy sheriff charged in Tampa in connection with the death of a woman.

  • Mr. Fitzgibbons represented the vice president of a national medical software company charged in U.S. District Court in South Carolina with conspiracy to commit mail fraud and securities fraud as well as forfeiture allegations. Mr. Fitzgibbons represented his client for almost four years after the Indictment in this massive case which involved discovery produced by the Government of over 90 terabytes of data (11 billion pages) together with more than 6 million pages of non-electronic data. Three weeks before the trial was scheduled to begin, the Government dismissed the entire case against Mr. Fitzgibbons’ client.

  • Mr. Fitzgibbons represented the vice president of an international seafood importing company charged in U.S. District Court in Tampa with conspiracy to defraud the Food and Drug Administration and U.S. Customs and obstruction of justice. This complex case covered more than seven years of litigation and included two trips to India by Mr. Fitzgibbons to take depositions. After a 10-week trial in Tampa, Mr. Fitzgibbons’ client was found guilty. However, on appeal, the U.S. Court of Appeals for the Eleventh Circuit reversed the conviction and directed that the Indictment be dismissed. The entire 11th Circuit then agreed to hear the case en banc but before the case was heard, the Government dismissed the entire case against Mr. Fitzgibbons’ client, bringing to an end the seven years of litigation.

  • Mr. Fitzgibbons obtained an acquittal of an NFL player charged with aggravated battery.

  • Mr. Fitzgibbons represented the father of a Grammy Award winner charged with second degree murder in Lee County. The defense was insanity, the jury returned a manslaughter verdict and the judge sentenced the defendant to probation.

  • Mr. Fitzgibbons represented the president of a non-profit organization in connection with a HUD investigation. The U.S. Attorney declined prosecution.

  • Mr. Fitzgibbons represented an individual during a Department of Homeland Security investigation involving the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR). The U.S. Attorney declined prosecution.

  • Mr. Fitzgibbons represented an international banker from Europe arrested on multiple charges including theft and battery offenses. The State Attorney declined to file the case and charges were dismissed.

  • Mr. Fitzgibbons represented a female middle school teacher charged with having an illegal relationship with a male student. After national and world-wide publicity, on the eve of trial Mr. Fitzgibbons’ client entered a guilty plea and received house arrest, probation and other sanctions.

  • Mr. Fitzgibbons represented the president of an educational institution in connection with a battery investigation. No charges were filed.

  • Mr. Fitzgibbons represented a prominent Florida businessman and philanthropist arrested for violating Florida’s Business Opportunities Act. The State Attorney dismissed the case.

  • Mr. Fitzgibbons represented the CEO of a large private company in connection with allegations of false expense reports and other financial irregularities. The State Attorney declined to file charges.

  • Mr. Fitzgibbons represented a physician in connection with a tax evasion investigation. The Tax Division of the U.S. Department of Justice declined to authorize prosecution.

  • Mr. Fitzgibbons represented a highly-decorated Marine Corps officer in a tragic and compelling DUI-manslaughter prosecution in which the officer was driving on the wrong side of I-275 and a head-on collision resulted in the death of the driver of the other vehicle. The officer had returned from his fourth deployment and was suffering from traumatic brain injury and PTSD. His blood alcohol level was .255. The defense was insanity. In a negotiated settlement with the State Attorney and approved by the deceased’s widow, the officer received a one-year jail sentence, two years community control and numerous other special conditions including medical treatment and community service. The horrible facts of this case resulted in a Command Investigation conducted by the Marine Corps which resulted in significant changes to the Corps’ protocols for evaluating and treating combat-injured Marines suffering from TBI and PTSD.

  • Mr. Fitzgibbons represented a Canadian businessman who was a long-time resident of the United States in a prosecution for aggravated assault with a firearm, a deportable offense. After extensive litigation, the State Attorney dismissed the case and deportation was avoided.

  • Mr. Fitzgibbons represented a home health care company in an investigation relating to alleged billing improprieties. No charges were filed.

  • Mr. Fitzgibbons represented a Florida corporation in connection with a Grand Jury investigation into price-fixing. The Antitrust Division of the U.S. Department of Justice closed the investigation without prosecution.

  • Mr. Fitzgibbons represented the president of a real estate partnership in connection with a Grand Jury investigation into a bank failure. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented the wife of a businessman prosecuted for federal tax fraud who placed various companies and accounts in his wife’s name during the pendency of the fraud. No charges were filed against the wife.

  • Mr. Fitzgibbons represented a multi-physician medical practice in a Grand Jury investigation involving allegations of improperly selling prescription drugs to a wholesaler. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented a businessman in successfully obtaining a Presidential pardon for criminal offenses which he had committed.

  • Mr. Fitzgibbons was retained by the U.S. Department of Justice to represent an FBI Special Agent involved in a shooting during an arrest. No charges were filed.

  • Mr. Fitzgibbons represented employees of an international defense contractor in connection with Civil Investigative Demands in a False Claims Act/Qui Tam investigation involving counterfeit parts and improper testing.

  • Mr. Fitzgibbons represented an elected public official during a Grand Jury investigation into alleged illegal conduct. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented a Fortune 200 company in connection with a Grand Jury fraud investigation. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented the owner of a medical equipment company in an investigation involving foreign sales of medical equipment. No charges were filed.

  • Mr. Fitzgibbons represented a developer in connection with an IRS criminal investigation involving allegations of tax evasion and false statements. The IRS closed the investigation without prosecution.

  • Mr. Fitzgibbons represented a developer in a Grand Jury investigation into false loan applications to a bank. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons has represented a number of individuals who have participated in and successfully completed Pretrial Intervention programs (PTI) and Misdemeanor Intervention programs (MIP).

  • Mr. Fitzgibbons represented a private Florida company involved in selling medical equipment to the public in connection with a false billing investigation. No charges were filed.

  • Mr. Fitzgibbons represented a group of employees of a national life insurance company in a Grand Jury investigation into insurance fraud. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented a public official in connection with a Florida Ethics Commission investigation. No charges were filed.

  • Mr. Fitzgibbons represented a shipbuilding and repair company in connection with a Grand Jury investigation involving environmental crimes. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented multiple employees of an international aerospace company during a Grand Jury investigation.

  • Mr. Fitzgibbons represented a Deputy U.S. Marshal in connection with a Grand Jury investigation into a shooting incident involving a prisoner. The investigation was closed without prosecution by the Civil Rights Division of the U.S. Department of Justice.

  • Mr. Fitzgibbons represented employees of a health care company in connection with a Grand Jury investigation into payments to physicians for leasing of office space. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented a surgeon in a Grand Jury investigation involving false insurance claims, tax evasion and money laundering relating to foreign bank accounts. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented an employee of a large government contractor in connection with a Grand Jury investigation and Civil Investigative Demand in a False Claims Act/Qui Tam case involving allegations of over-billing.

  • Mr. Fitzgibbons represented two individuals in a gaming prosecution for lottery violations and possession of illegal coin operated devices.

  • Mr. Fitzgibbons represented a physician in a prosecution for billing for medical services not provided.

  • Mr. Fitzgibbons represented a vice-president of a bank in a prosecution for fraud in connection with payments to a related vendor of the institution.

  • Mr. Fitzgibbons represented a lawyer in a prosecution for income tax evasion.

  • Mr. Fitzgibbons represented a former professional athlete in a prosecution for defrauding his company in regard to splitting fees with subcontractors.

  • Mr. Fitzgibbons represented a diagnostic imaging company in a Grand Jury investigation involving the company’s financial relationship with physicians. No charges were filed by the U.S. Attorney.

  • Mr. Fitzgibbons represented a broker in a prosecution for fraud relating to the excessive churning of customer accounts.

  • Mr. Fitzgibbons represented the president of a home inspection company charged with defrauding the bank for which he was providing inspections.

  • Mr. Fitzgibbons represented the president of a fuel oil distributor in a prosecution for false statements on his tax return relating to his income and foreign bank accounts.

  • Mr. Fitzgibbons represented the owners of a medical clinic charged with insurance fraud and grand theft.

  • Mr. Fitzgibbons represented an individual charged with gambling and other offenses.

  • Mr. Fitzgibbons represented a woman charged with murder following the shooting of a man in a case with Florida "stand your ground" issues.

  • Mr. Fitzgibbons has represented a number of businessmen, students and others charged with various drug and alcohol possession offenses.

  • Mr. Fitzgibbons represented a chiropractor in a prosecution involving the transfer of monies to an off-shore account and tax evasion.

  • Mr. Fitzgibbons represented a broker employed by a national securities firm in a prosecution involving missing funds from client accounts.

  • Mr. Fitzgibbons represented the president of a financial institution in a prosecution involving allegations of improper financial transactions designed to increase quarterly profits.

  • Mr. Fitzgibbons represented a physician in a prosecution for improper prescriptions for pain medications.

  • Mr. Fitzgibbons represented the principal of a travel and tour company in a wire fraud prosecution involving leased aircraft.

  • Mr. Fitzgibbons represented a U.S. Coast Guardsman in a prosecution for diverting drugs seized from smugglers.

  • Mr. Fitzgibbons represented an employee of an international defense contractor charged with manufacturing inferior products and false statements before the Armed Services Board of Contract Appeals.

  • Mr. Fitzgibbons represented the owners of a medical clinic in a false billing prosecution.

  • Mr. Fitzgibbons represented a certified public accountant in a failure to file income tax prosecution.

  • Mr. Fitzgibbons represented an international commercial fishing corporation in connection with a fraud and false statements prosecution for violating the Fisherman’s Protective Act relating to fishing vessels seized by foreign governments.

  • Mr. Fitzgibbons represented the owner of a large recreational motor home dealership in a prosecution for Florida sales tax fraud.

  • Mr. Fitzgibbons has represented a number of physicians, dentists and nurses in connection with drug and other impairment issues which have resulted in criminal investigations and prosecutions.

© 2014, The Law Offices of John M. Fitzgibbons
707 North Franklin Street, Suite 700
Tampa FL 33602

Tel:  813.221.8800