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Botsford, David L.

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1307 West AvenueAustin, TX, 78701
Phones: 512-479-8030
Fax: 512-479-8040
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Lawyer Overview

Representative Jury Trials: Acquittal of doctor indicted in federal court for 16 counts of health care fraud. Acquittal of tax return preparer indicted in federal court for 4 counts of aiding and abetting the preparation and filing of false income tax returns. Acquittal of banker indicted in federal court on seven counts of fraud but also convicted onconspiracy, false statements and fraud; Conviction of prominent rancher/oil man for conspiracy and mail fraud after...

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Representative Jury Trials:

Acquittal of doctor indicted in federal court for 16 counts of health care fraud.

Acquittal of tax return preparer indicted in federal court for 4 counts of aiding and abetting the preparation and filing of false income tax returns.

Acquittal of banker indicted in federal court on seven counts of fraud but also convicted on
conspiracy, false statements and fraud;

Conviction of prominent rancher/oil man for conspiracy and mail fraud after district court granted acquittal on bribery charge;

Acquittal of lawyer indicted in federal court for 7 counts of RICO, extortion and bribery.

Acquittal of doctor indicted in federal court of 3 counts for making false statements.

Acquittal of lawyer indicted in federal court for 19 counts of wire/mail fraud.

Acquittal of oil executive indicted in federal court for bribery.

Acquittal of lawyer indicted in state court for aggravated sexual assault.

Conviction of husband indicted in state court for murder of his ex-wife;

Acquittal of lawyer indicted in state court for engaging in organized criminal activity.

Representative Dispositions Without Trials:

Pretrial diversion for dentist indicted for alleged violations of the Medicaid anti-kickback statute.

Civil agreement for doctor in lieu of federal indictment for alleged violations of the FDA.

Closure of federal investigation of citizen's alleged evasion of the payment of his income tax.

Closure of federal investigation of citizen's alleged failure to accurately file income tax
returns.
 
Closure of state investigation of corporate employee for alleged violations of State environmental laws.

Closure of state investigation of lawyer for alleged misapplication of fiduciary property.

Closure of state investigation of citizen's alleged failure to register as a sex offender.

Closure of state investigation of lawyer's alleged aggravated sexual abuse.

Closure of state investigation of corporate employee's alleged involvement in illegal
campaign contributions.

Representative Appellate Decisions:

United States v. Ramos, 537 F.3d 439 (5th Cir. 2008)(setting aside convictions on obstruction of justice but affirming convictions on civil rights violations of a federal border patrol agent);

United States v. Hill, 19 F.3d 984 (5th Cir. 1994)(setting aside suppression ordered by district court of seizure of records from lawyer's office);

In re Auclair, 961 F.2d 65 (5th Cir. 1992)(reversal of order directing attorney to testify to privileged communications pursuant to a joint defense privilege);

United States v. Dahlstrom, 713 F.2d 1423 (9th Cir. 1984)(granting acquittal on conspiracy to impair and impede the IRS and substantive count of aiding and assisting in preparation and filing of false tax return);

United States v. Enstam, 622 F.2d 857 (5th Cir. 1980)(affirmance of conviction of lawyer for conspiracy to impair and impede the IRS);

State v. Ford, 179 S.W.3d 117 (Tex.App.-San Antonio, 2005, pet. ref'd)(affirmance of trialcourt's order dismissing ten indictments against lawyer charging him with misuse of official information);

Ex parte Richardson, 70 S.W.3d 865 (Tex. Crim. App. 2002)(habeas corpus relief granted to death row inmate due to suppression of exculpatory evidence);

Cisneros v. State, 915 S.W.2d 217 (Tex. App.-Corpus Christi, 1996, pet. ref'd)(acquittal on appeal for capital murder);

Ex parte Mitchell, 853 S.W.2d 1 (Tex. Crim. App. 1993)(habeas corpus relief granted to death row inmate due to suppression of exculpatory evidence);

Skelton v. State, 795 S.W.2d 162 (Tex.Crim.App. 1989)(acquittal on appeal of death row inmate);
Stearnes v. Clinton, 780 S.W.2d 216 (Tex.Crim.App. 1989)(setting aside trial court's order disqualifying defense counsel in a capital murder case).

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Practice Areas
Criminal Law, Federal & StateTrials, Appeals and Post Conviction Remedies
Qualifications
Bar Admissions
Texas, 1977U.S. District Court Western District of TexasU.S. District Court Northern District of TexasU.S. District Court Southern District of TexasU.S. District Court Eastern District of TexasU.S. Court of Appeals 5th CircuitU.S. Court of Appeals 9th CircuitU.S. Supreme CourtU.S. Tax Court
Specialties and Certifications
Criminal Law, Texas Board of Legal Specialization, 1983Criminal Law Appellate Law, Texas Board of Legal Specialization, 2012
Other Affiliations
State Bar of Texas, 1977 - Present State Bar of Texas, 1985 - 2005 ( Criminal Law Examination Commission) State Bar of Texas, Criminal Justice Section (Council Member, 1997 - 2000, 2003 - Present) State Bar of Texas,, 2005 (Course Director, Advanced Criminal Law Course) Texas Criminal Defense Lawyers Association, 1996 - 1997 (President) Texas Criminal Defense Lawyers Association, 1995 - 1996 (President-Elect) Texas Criminal Defense Lawyers Association, 1994 - 1995 (First Vice-President) Texas Criminal Defense Lawyers Association, 1993 - 1994 (Second Vice-President) Texas Criminal Defense Lawyers Association, 1992 - 1993 (Treasurer) Texas Criminal Defense Lawyers Association, 1991 - 1992 (Assistant Secretary-Treasurer) Amicus Curiae Committee, 1979 - 1981 (Member) Amicus Curiae Committee, 1983 - 1985 (Member) Amicus Curiae Committee, 1986 - 1990 (Chairperson) Texas Criminal Defense Lawyers Education Institute, 1990 (Fellow) Texas Criminal Defense Lawyers Education Institute, 1990 (Director) National Association of Criminal Defense LawyersTexas Association of Board Certified Specialists in Criminal Law, 1991 - 1992 (President)
Honors
Outstanding Criminal Defense Lawyer of the Year, Criminal Justice Section, State Bar of Texas 1993Listed in the Best Lawyers in America (Woodard/White), 1995-presentListed as 1 of 5 Top Notch "Go-To" Lawyers in Texas Criminal Defense Practice by Texas Lawyer, 2002Listed as The "Go To Lawyer" in Texas Criminal Defense by Texas Lawyer, 2007Listed as 1 of 5 Top Notch "Go-To" Lawyers in Texas Criminal Defense Practice by Texas Lawyer, 2012Listed as a "Super Lawyer" (Thompson Rueters, as published in Texas Monthly), 2003-present
Classes and Seminars
Speaker, Texas Criminal Defense Lawyers, 1978 - Present
Speaker, Criminal Defense Lawyers Project, 1981 - Present
Speaker, Texas Criminal Defense Lawyers Educational Institute, 1982 - Present
Speaker, Advanced Criminal Law Course, State Bar of Texas, 1986, 1990 - Present
Speaker, Texas District & County Attorneys Association, 1993
Speaker, Texas District & County Attorneys Association, 1998
Speaker, Texas District & County Attorneys Association, 2001
Education
Southern Methodist University School of Law, Dallas, Texas, 1977
J.D.
Honors: Order of the Coif
University of Connecticut, 1974
B.A.
Honors: cum laude
Major: Economics
National Criminal Defense College, 1988
Articles
Published Works
Texas Criminal Defense Lawyers, 1978Criminal Defense Lawyers Project, 1981Criminal Defense Lawyers Project, Texas Criminal Defense Lawyers Educational Institute, 1982Advanced Criminal Law Course, State Bar of Texas, 1978 - 1979, 1986, 1990 - PresentAdvanced Criminal Law Course, State Bar of Texas, 1979Advanced Criminal Law Course, State Bar of Texas, 1986Advanced Criminal Law Course, State Bar of Texas, 2007Advanced Criminal Law Course, Texas District & County Attorneys Association's Annual Convention, 1993Advanced Criminal Law Course, Texas District & County Attorneys Association's Annual Convention, 1998Advanced Criminal Law Course, Texas District & County Attorneys Association's Annual Convention, 2001
Office Information
Address
1307 West Avenue
Austin, TX 78701
Phone
512-479-8030
Fax
512-479-8040
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