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David Gerger Shaun Clarke David Isaak Dane Ball Samy Khalil Sarah Cooper Jennifer Johnston
David Gerger

BA, Yale University (1982)
JD, University of Texas (Law Review–Book Review Editor) (1985)

Judicial Clerk, U.S. District Judge Harry Lee Hudspeth (W.D. Tex.)
and U.S. Fifth Circuit Judge Jerre Williams

Vinson & Elkins (1987-1991)
Asst Federal Public Defender (1991-1993)
Foreman, DeGeurin, Nugent & Gerger (1994-2004)

Fellow - American College of Trial Lawyers; Best Lawyers in America; SuperLawyers (top 100 in Texas).




Notable Cases: 

David has handled hundreds of investigations, trials, and appeals for individuals and businesses, foreign and domestic, public and private.

The biggest victory can be quietly stopping or resolving a case, and David has avoided charges in many DOJ, SEC, and other governmental investigations. In addition, David's court cases include:

Acquittal in the "Marine Hose" International Price Fixing trial in West Palm Beach, Florida.

Successful defense of one of the largest will contests in Texas history.

Dismissal before trial of an indictment alleging commodities "manipulation."

Dismissal of all charges in the "Spring Shadows" psychiatry fraud trial after six months of trial.

The successful "Ahmad" Clean Water Act appeal, establishing that pollution is not a strict liability crime.

Defense of the "IFCO" immigration case, ending in dismissal of all felony charges.

Dismissal of a federal mortgage fraud indictment before trial.

On appeal, reversal of the 24 year prison sentence of Dynegy's Jamie Olis and, at new sentencing hearing, an 18-year reduction.

Successful defense of executives in stock options dating investigations.

Defense of the Iraq "Oil-For-Food" Investigation.

Dismissal of mortgage fraud indictment before trial, Dallas County, Texas

Represented the CFO of Enron throughout civil, criminal, SEC, Congressional, and media crises after the company's collapse.




Articles/Speeches:    

Ethics, Nat’l Assn of Criminal Defense Lawyers (Lake Tahoe 2013); Pretrial Motions in White Collar Cases, ABA Nat’l Institute (Las Vegas 2013); Representing Individuals, ABA White Collar Crime Nat'l Institute (Miami 2012); Lessons from the IFCO Case, Am. Immigration Lawyers Ass'n (Costa Rica 2012); Antitrust Defense, Nat'l Assn of Criminal Defense Lawyers (Lake Tahoe 2011); Lessons from the Marine Hose Trial, ABA Energy Law Conference (Houston 2011); Fundamentals of White Collar Investigations & Defense, ABA White Collar Crime Nat'l Institute (San Diego 2011); Criminal Antitrust Issues from Indictment to Trial, ABA Criminal Practice Comm. (Dallas 2011); Hands Up: What the Government and Your Employees are Thinking During a Criminal Investigation; Institute for Energy Law Oil & Gas Conf. (Houston 2011); White Collar Sentencing, Nat'l Ass'n of Criminal Defense Lawyers (New York 2011);

Caught on Videotape: The Trial of a Cartel Case, Houston Bar Association (2010); Ethical Issues in SEC Representation, Houston Bar Ass’n (2010); Trial of a Probate Case, Houston (2010); Immigration Crime, State Bar of Texas (2010), Emerging Issues in White Collar Criminal Law, Louisiana State Bar Ass’n, New Orleans (2009); Criminal Issues in Civil Cases, State Bar of Texas Advanced Civil Trial Course, San Antonio (2009); Use and Abuse of Experts in “Loss” Calculations, Nat’l Ass’n of Criminal Defense Lawyers (San Francisco - 2007) (with Joseph Grundfest); “Loss” in Securities Cases, Houston Bar Ass’n (2007);  Criminal Issues for the Civil Practitioner, State Bar of Texas Advanced Civil Trial Course (2006);  Securities Fraud, ABA National Institute, Washington, D.C. (2006); Inside U.S. v. Skilling & Lay, Georgetown Univ. Law Center/Nat’l Ass’n of Criminal Defense Lawyers, Washington, D.C. (2006);  Crimes You Never Heard Of: The Criminalizing of Business Practices, North American Power Credit Organization (2006); New Trends in Criminal Law, University of Texas 28th  Corp. Counsel Inst., (2006);  Criminal Law Issues in Civil Cases, South Texas College of Law Advanced Seminar (2006); Trial Tactics, National Ass’n of Criminal Defense Lawyers Advanced Course, Aspen, Colo. (Jan. 2006); How Do You Say No? Responding to a Search, Arrest, or Other Close Encounter with the Police, 43 Houston Lawyer 3 at 23 (2005); Pleas & Sentences after Booker, Georgetown Univ. Law Center/National Ass’n of Criminal Defense Lawyers Seminar (2005); Areas of Criminal Liability in the Energy Industry, A.B.A. Energy Litigation Conference (2004); Lessons to Be Learned and Trends in Corporate Criminal Prosecution, KPMG Insights Seminar (2004); Controversy Over the Sentencing Mis-Guidelines, 20 Texas Lawyer No. 28 at 41 (2004); Federal Criminal Law, Texas Criminal Defense Lawyers’ Ass’n Conference (2004); How New Laws on Obstruction of Justice are Affecting Business, Houston Business Journal (2004); Obstruction of Justice, Texas General Counsel Forum (2004).




David has served on the Boards of the Holocaust Museum Houston, the Anti-Defamation League, Texas Appleseed, and the Emery Weiner School. He also served on the U.S. Magistrate Judge Selection/Review Committee and the Federal Public Defender Selection Committee in the Southern District of Texas. David is married to Heidi, and they have two children.

 

 

 

David Gerger