JAMES J. LEONARD JR., ESQ.

 

James J. Leonard Jr. began his career in Criminal Law in 1999 with a two-year internship at the Philadelphia District Attorney’s Office, where he successfully prosecuted hundreds of cases involving adult and juvenile offenders. 

Upon graduating from the prestigious Villanova University School of Law in 2001, Mr. Leonard became an associate at a well-known Camden County law firm specializing in criminal defense work. 

In 2002, Mr. Leonard was one of three attorneys on a defense team that successfully represented two defendants in separate capital murder cases, one in Camden County Superior Court, the other in Burlington County Superior Court. 

In October of 2002, Mr. Leonard left the firm and started his own practice at the age of 28, specializing in aggressive criminal defense litigation. 

In 2003, Mr. Leonard won two jury trials that established his reputation as a highly skilled trial attorney and made him one of the most sought after criminal defense attorneys in the State of New Jersey. 

In one case, Mr. Leonard represented a Camden man who was charged with possession of a firearm and distribution of heroin in a school zone.  In another case, Mr. Leonard represented a member of the notorious Pagans motorcycle gang who was charged with armed robbery and various other offenses.  The defendant, a convicted murderer, was facing a life sentence if he was found guilty on the armed robbery charge. 

In both cases, the juries found each defendant not guilty of all charges. 

Later that year, Mr. Leonard successfully represented a woman who was charged with aggravated assault and weapons offenses after allegedly stabbing a man outside an Atlantic City casino. 

An Atlantic County Superior Court Judge found the woman not guilty by reason of insanity. 

In 2004, Mr. Leonard successfully represented Vincent McDaniels, a/k/a Omar Salaam, the reputed former head of the Salaam’s, a well known Atlantic City drug gang.  Mr. McDaniels was charged as a drug kingpin in a massive 154-count indictment and faced life in prison if he was convicted at trial. 

Mr. Leonard aggressively negotiated a plea bargain for Mr. McDaniels and had 152 of the 154 charges dismissed, including the kingpin charge, and Mr. McDaniels was released from prison after serving four years and six months. 

In 2005, Mr. Leonard opened an office on North Carolina Avenue in Atlantic City, the city where he was born and where his father served honorably as an Atlantic City Police Officer for more than 30 years before his retiring in 2004.

Later that year, Mr. Leonard’s services were retained by Grammy Award winning rap star Kimberly “Lil’ Kim” Jones to help her secure an early release from the Federal Detention Center in Philadelphia, where she was serving a sentence following a perjury conviction in New York. 

On July 3, 2006, the federal Bureau of Prisons gave Ms. Jones an early release. 

Shortly after her release, Mr. Leonard was filmed interacting with Ms. Jones inside her home for her television series Countdown to Lockdown / Season Two.

Mr. Leonard would go on to successfully represent Ms. Jones in a subsequent criminal investigation launched by the US Attorney’s Office in Brooklyn, New York stemming from a shooting incident allegedly involving a former associate of Ms. Jones, who was alleged to have fired shots at rap superstar Curtis “50 Cent” Jackson outside a hotel in Jersey City.  No charges were filed against Ms. Jones and she would go on to appear as a contestant on the popular reality television show Dancing With the Stars.   

In early 2007, Mr. Leonard began appearing on the popular talk radio program Hurley in the Morning hosted by radio personality Harry Hurley.  Mr. Leonard’s live weekly segment with Harry Hurley can be heard every Thursday morning beginning at 8 a.m. and cover a wide array of topics, including legal issues, politics and current events. 

In April of 2007, Mr. Leonard was retained to represent a Salem County man named Terry Oleson, who was suspected of murdering four prostitutes and dumping their bodies in a drainage ditch behind a stretch of seedy motels on the Black Horse Pike in West Atlantic City in November of 2006. 

Dubbed by reporters as a serial killer and given the moniker “The Black Horse Strangler”, the Oleson case received international attention and Mr. Leonard was profiled on 48 Hours, America’s Most Wanted, Good Morning America and in print publications all over the world, including the New York Times

Mr. Leonard aggressively fought for Mr. Oleson’s release from jail, telling the Press of Atlantic City that Oleson’s bail was “a ransom”.  Mr. Oleson was eventually freed from jail, and murder charges against him have never been filed.  Mr. Oleson told one Philadelphia reporter, “This man right here, Jimmy Leonard, he saved my life.” 

Mr. Leonard would go on to successfully defend Oleson against charges filed by a prostitute who claims Oleson assaulted her and threatened to kill her after he allegedly confessed to her that he had killed the four women in West Atlantic City. 

Outside the courthouse after Oleson had been cleared of assault, Mr. Leonard told reporters that the woman, an admitted crack addict / prostitute, was “the personification of reasonable doubt.” 

In October 2007, Mr. Leonard was retained to act as an advisor to Atlantic City City Council President William “Speedy” Marsh after the city’s Mayor Bob Levy disappeared.  “The Case of the Missing Mayor” became a national news story and a source of great embarrassment for the City of Atlantic City. 

Several weeks later Bob Levy would resign in disgrace and Mr. Leonard stood proudly by William Marsh’s side as he was sworn in as the new Mayor of Atlantic City. 

In early 2008, Mr. Leonard was retained to represent a North Jersey man named Edwin “Money” Spears, described by then Attorney General Anne Milgram as a “5 Star General” and boss of the Nine-Trey Bloods street-gang in a racketeering case that involved both members of the Bloods and members of the Lucchese Crime Family. 

In April of that year, Mr. Leonard would be retained to represent a Philadelphia man named Anthony Nicodemo, described by the FBI as a solider in the Bruno / Scarfo La Cosa Nostra Crime Family and a close associate of jailed mob leader Joseph “Skinny Joey” Merlino on racketeering charges stemming from a $60 million-dollar gambling / loan sharking ring that was operating inside the Borgata Hotel and Casino in Atlantic City.

After twelve-months of aggressive plea negotiations, Mr. Leonard was able to convince the Judge to suspend Mr. Nicodemo’s 5 Year sentence over the vehement objection of the Deputy Attorney General and Mr. Nicodemo was not sent to state prison. 

The case would be featured on Philly.Com’s Mob Talk hosted by Philadelphia Inquirer crime reporter George Anastasia.   

Also in April of 2008, Mr. Leonard was retained to represent a Georgia man named Vicente Perez, who fatally stabbed a man following a dispute inside the poker room at the Taj Mahal Hotel and Casino. 

Mr. Leonard was successful in asserting a self-defense claim and Mr. Perez was able to plead guilty to Manslaughter, for which he received a sentence of 5 Years in state prison. 

In January of 2009, Mr. Leonard created The Boardwalk Journal, a monthly lifestyle magazine that features editorial about the happenings in and around Atlantic City and content relevant to life at the Jersey Shore.  The inaugural issue featured Donald Trump on the cover and subsequent issues have featured profiles on political figures such as Governor Chris Christie, Senate President Steve Sweeney, retired State Senator Bill Gormley, political powerbroker George Norcross and Assemblyman John Amodeo, who is Mr. Leonard’s uncle / godfather.   

Other individuals featured / profiled in The Boardwalk Journal include the late boxing great Arturo “Thunder” Gatti, the iconic Tony Bennett, reality television star Kim Kardashian, Philadelphia based disc jockey Jerry “The Geator with the Heator” Blavat, film star Chazz Palminteri and dozens of other local / national and international personalities. 

Mr. Leonard serves as the Publisher and Chief Executive Officer of The Boardwalk Journal. 

In November 2009, Mr. Leonard successfully defended a man charged with murder in Camden County Superior Court.  After a three-week jury trial, Mr. Leonard's client was found not guilty of committing the murder. 

In 2010, Mr. Leonard was retained as counsel for Samantha “Sammi Sweetheart” Giancola, star of MTV’s hit show The Jersey Shore. Mr. Leonard handled all contract negotiations between MTV and Ms. Giancola and successfully had an assault charge against her dismissed following an altercation in a Miami nightclub. 

In May of 2010, Mr. Leonard was retained to represent Nicodemo Scarfo Jr., son of jailed Philadelphia / Atlantic City mob boss Nicodemo “Little Nicky” Scarfo on racketeering charges based out of Morris County. 

Later that year, Mr. Leonard was retained by Joe and Melissa Gorga to handle their contract negotiations with the Bravo TV network regarding the Gorga’s joining the popular reality television show The Real Housewives of New Jersey.  Rich and Kathy Wakile, who like the Gorga’s, joined The Real Housewives of New Jersey, also retained Mr. Leonard

Mr. Leonard appeared in two episodes of The Real Housewives of New Jersey / Season 3 and is scheduled to appear in at least one episode of Season 4, scheduled to air in 2012. 

In December 2010, Mr. Leonard was retained by former Jersey Shore Angelina Pivarnick, to represent her on charges stemming from an altercation inside an Atlantic City casino nightclub.   

In September 2011, Mr. Leonard successfully represented a man who was charged in the United States District Court, District of New Jersey with embezzling $458,000.00 from a sitting United States Congressman over a period of 15 years. 

Under federal sentencing guidelines, the man faced a sentence of 46-57 months, but Mr. Leonard filed an application with the Court seeking a downward departure and the motion was granted. 

The defendant received a sentence of 30 months. 

The scope of Mr. Leonard’s practice and his reputation have evolved significantly over the last decade, but the primary focus is and always will be aggressive criminal defense litigation for defendants charged in Juvenile Court, Municipal Court, Superior Court of Federal Court. 

He appears daily in courtrooms all over the State on behalf of individuals charged with crimes ranging from careless driving to murder. No matter how big or small the case is, Mr. Leonard is a passionate and tireless advocate for his clients.

 


 

 

ERIKA A. APPENZELLER, ESQ.

 

Areas of Practice: Administrative Law; Appellate Law; Civil Defense (Plaintiff and Defense); Criminal Law (Defense –Federal, Municipal and Superior Court); Family Law (Divorce, Adoption, Child Support, Parenting Time, Pre Nuptials, Domestic Violence, Domestic Partnerships)

Background: Ms. Appenzeller is admitted to the New Jersey Bar, the United States District Court for the District of New Jersey and the United States Court of Appeals for the Third Circuit. She began her career in law working for a prominent litigation firm in Atlantic City.

Her practice specializes in family and divorce law. This includes divorce litigation and pre-nuptial agreements. She also represents clients that are married, single, and/or domestic partners who have matters involving child support and parenting time issues. Ms. Appenzeller also represents parties in private or agency adoptions, parties involved with the Division of Youth and Family Services and Domestic Violence Restraining orders and violations of Restraining orders.

Ms. Appenzeller also has vast civil litigation experience involving administrative cases for police and firemen. Her civil litigation practice also includes civil rights, employment and personal injury matters.

Ms. Appenzeller also handles appeals for her family, divorce, civil and criminal matters.

During her career, Ms. Appenzeller has litigating successfully on behalf of her clients resulting in published case law. In Aristizibal, et al v. City of Atlantic City, 380 N.J. Super. 405(Law. Div. 2005) Ms. Appenzeller represented Atlantic City Police Officers who were subject to discipline for allegedly calling out sick with the "blue flu". The disciplinary charges were ultimately dismissed against the police officers.

In Hornstine v. Township of Moorestown, et al, 263 F.Supp. 2d 887,(D.N.J. 2003) Ms. Appenzeller was part of the team of attorneys who represented a high school senior who was wrongly denied the ability to be valedictorian for her high school. The students denial was the result of the high school Superintendant alleging she had received special treatment due to her disability and that she did not earn the right to be valedictorian because she had been partially schooled at home. A lawsuit was filed against the Superintendant and the School District for violating the Individuals with Disabilities Education Act. The suit was successful as a Federal Judge entered an injunction allowing the student to be the valedictorian for her high school. The Hornstine case has provided a thorough explanation of the rights of disabled students under the Individuals with Disabilities Act so hopefully no school district will ever subject any disabled student to different treatment again.

 

 

 

STEPHEN F. FUNK, ESQ.

 

Stephen F. Funk, Esquire, is a highly effective and aggressive criminal
defense attorney who also defends clients before Administrative Agencies,
including police officers.

He began his law career in 1997 after graduating cum laude from the
Widener University School of Law in Wilmington, Delaware.

Following graduation he completed a one year clerkship for the Honorable
Richard J. Williams, Assignment Judge for the New Jersey Superior Courts in
Cape May and Atlantic Counties. Soon after his clerkship ended he met his wife
of 11 years and they continue to make their home in the area along with their 2
children.

Following his clerkship he worked for large prestigious law firms in Atlantic

and Cape May Counties as well as Philadelphia. He began his work as a trial
attorney representing insurance companies in coverage disputes. He also
represented people and other entities being sued as defendants in general
negligence matters as well as doctors, nurses and healthcare facilities being
sued for medical malpractice. During his early career, Mr. Funk also represented
injured people against insurance companies.

He quickly developed a reputation as an aggressive trial attorney and
litigator with the skills and expertise to handle complex cases involving diverse
subject matter. Known for his ability to represent his clients through a
combination of thorough written advocacy and oral argument, Mr. Funk soon
began to argue numerous matters before panels of the Superior Court of New
Jersey, Appellate Division. By 2000 he represented clients in two matters that
resulted in published opinions and remain prevailing law in New Jersey.

In Hemmen v. Atlantic City Med. Ctr., et al, 334 N.J. Super. 160 (App.
Div. 2000), he successfully argued that the trial court was correct to dismiss
a plaintiff’s claim for medical malpractice against his client based on a lack of
evidence that they breached the professional standard of care in any way. In Ji
v. Palmer, et al, 333 N.J. Super. 451 (App. Div. 2000), Mr. Funk represented a
realtor being sued by a buyer pursuant to the Consumer Fraud Act (CFA). Mr.
Funk argued the important issue of what constitutes a misrepresentation under
the CFA. The Palmer case is cited within the CFA’s statutory annotations. He
continues to handle appeals before the New Jersey Supreme Court, Appellate
Division and United State District Court for the Third Circuit. He also handles
appeals before the Law Division of the Superior Court from rulings by Municipal
Court Judges and Post Conviction Relief applications on behalf of people who
believe they were wrongly convicted of criminal offenses.

In the early 2000s, Mr. Funk shifted the concentration of his practice to

defending people charged with crimes and other misconduct in State, Federal
and Municipal Courts. Most recently he worked as a trial attorney in a small
prominent Atlantic City firm where he successfully defended hundreds of people
accused of crimes and other wrongdoing, including numerous police officers
charged in criminal and other disciplinary matters.

He also defends people before Administrative Agencies such as the
Casino Control Commission, Board of Pharmacy, Board of Medical Examiners,
Civil Service Commission, Public Employee Retirement System (PERS) and
others. For example, within the past year he successfully represented a client
before the Board of Trustees of the PERS. The client was formerly employed by
a municipality and had been indicted for criminal offenses that allegedly occurred
in the course and scope of his public employment. Ultimately, the criminal
charges were dismissed in their entirety and the client’s record was expunged.
However, the PERS sought to limit his ability to collect his retirement benefits
based on the charges. Mr. Funk convinced the Board that all of his client’s
conduct in the course and scope of his public employment was honorable thus
allowing him to collect all the retirement benefits to which he was entitled.

Mr. Funk’s criminal defense practice is diverse. His clients include those
charged in traffic court to those facing the most serious of accusations including
murder, assault, armed robbery, burglary, kidnapping and drug offenses. He has
also successfully defended complex “white collar” charges involving fraud and
tax evasion.

Believing that every client is entitled to personalized professional service
tailored to their specific legal problem, Mr. Funk obtains the most favorable
results possible through a variety of methods including trial, aggressive pre-trial
motion practice or plea negotiations designed to minimize his clients’ exposure
to all penalties. Mr. Funk has prevailed in cases on behalf of his clients following
jury trials, bench trials, dismissals based on lack of evidence, dismissals based
on unconstitutionally seized evidence, dismissals based on improperly obtained
statements or through aggressive plea negotiations with the prosecuting
authority.

His most recent criminal trial was the high profile “Atlantic County
Voter Fraud Case” prosecuted by the New Jersey Attorney General’s Official
Corruption Unit for 6 months between October of 2010 and March of 2011. Mr.
Funk represented the lead defendant, Atlantic City Councilman Marty Small
who was charged on a 10 count indictment with conspiracy to commit election
fraud, absentee ballot fraud, forgery, tampering with public records, hindering
prosecution and other offenses. Councilman Small, who is married with young
children, faced potential penalties including over 70 years in New Jersey State
Prison, hundreds of thousands of dollars in fines and other monetary penalties
and lifetime forfeiture of his right to hold elected office or public employment.
Thanks to Mr. Funk’s aggressive advocacy, the jury returned not guilty verdicts

as to all counts charged on the indictment allowing Councilman Small to walk
out of the courthouse and return to his family a free man. Councilman Small
continues to represent the people of Atlantic City’s second ward while working
full time for the Atlantic City School Board as the elementary Athletic Director.

In 2005 Mr. Funk began representing a man charged by the Attorney
General’s Division of Gaming Enforcement (DGE) with committing a number
of illegal acts in and around the Atlantic City casinos including distribution of
counterfeit cigarettes, drug distribution and money laundering. The indictment
charged numerous co-defendants after a long investigation involving wiretaps,
recorded conversations and undercover informants. His client faced over 50
years in prison if convicted yet Mr. Funk was able to secure a favorable outcome
through a combination of motions and aggressive plea negotiation. In the end,
the State and Mr. Funk reached an agreement through which his client entered
prison in May of 2007. Thereafter, Mr. Funk was able to secure his release just
six months later in December of that same year. He has been free ever since
and is back home living with his wife and children.

At around the same time, Mr. Funk began work on what would become
one of his most publicized cases. Thomas Best, an 18 year old senior at Egg
Harbor Township High School was arrested and charged with distributing drugs
to another student younger than 17 years old while in auto shop class on public
school property. The charges arose when the Vice Principal of the school
searched Mr. Best’s car without a warrant while it was parked on school property.
The nature of the charges exposed Mr. Best, who had no prior criminal record,
to a potential 10 year State Prison sentence up to half of which could have been
served without the possibility of parole. In a case of first impression in New
Jersey, Mr. Funk argued that the search of the car without a warrant by the Vice
Principal was a violation of Mr. Best’s right to be free from warrantless searches
and seizures under both the United States and New Jersey Constitutions. The
trial court denied the motion and allowed the evidence to be used by the State
in order to prosecute Mr. Best. Instead of taking the case to trial and exposing
his client to a potentially devastating prison sentence, Mr. Funk negotiated a
deal with the prosecutor pursuant to which Mr. Best spent just 3 months in prison
before he was released for good in December of 2007. Even after his client was
released from prison, Mr. Funk continued to fight for him over the course of two
more years by filing appeals with the Superior Court Appellate Division and New
Jersey Supreme Court, both of which resulted in published cases (State v. Best,
201 N.J. 100 (2010) and State v. Best, 403 N.J. Super. 428 (App. Div. 2008)
) which now define the law in New Jersey regarding the extent to which public
school officials may search student automobiles on school property.

Mr. Funk has successfully represented many other clients in cases
involving illegal warrantless searches by police. One such case involved a client
charged with possession with intent to distribute drugs within a school zone,
possession of illegal weapons while in the course of committing a drug crime and

possession of illegal weapons. His client was pulled over in Pleasantville after
the police concluded that he evaded a DWI/DUI checkpoint. After the stop, the
police removed Mr. Funk’s client from the car, as well as all of the passengers,
and secured them. The police then searched the car without a warrant
uncovering the illegal material. The charges faced by the client as a result of
the illegal search were among the most serious possible. An unfavorable result
would result in a definite and lengthy State Prison sentence. Mr. Funk was first
able to obtain a dismissal of the possession with intent to distribute drugs in a
school zone charge by establishing that there were no schools within the “zone”
involved. He was next able to suppress the evidence obtained following the
illegal warrantless search of the car thus making it impossible for the prosecution
to continue its case, with the sole exception of one fourth degree weapons
charge. Instead of spending years in State Prison, Mr. Funk’s client was allowed
to participate in the Pre-Trial Intervention Program (PTI) for first offenders. He
successfully completed the program and all charges were eventually dismissed.

In a 2006 case involving another highly publicized investigation by the
DGE, Mr. Funk represented a world famous gaming security consultant and
author, Steven Forte of Las Vegas. Mr. Forte was hired by casinos all over the
world to identify and alleviate sources of cheating in casinos. Mr. Forte, along
with a number of others, were arrested at the Borgata and charged with
participating in a scheme to cheat and defraud a man in a high stakes
backgammon game through the use of hidden cameras, concealed microphones
and computers. The case garnered nationwide media attention and was even
reported in the Wall Street Journal. It took over two years and numerous
motions but Mr. Funk ultimately convinced the DGE that the charges against Mr.
Forte lacked any basis in fact. In the summer of 2008, the charges were
dismissed in full and Mr. Forte was allowed to resume his high profile and
lucrative career with no adverse consequences based on the false charges.

Mr. Funk also represented a computer consultant and member of
Hamilton Township’s Zoning and Planning Board who was falsely accused by his
step daughter of sexual assault. His client faced decades of prison exposure
and lifetime parole supervision under Megan’s Law. Mr. Funk first convinced the
Atlantic County Prosecutor not to pursue the most serious charges and ultimately
had the case remanded to the Municipal Court as a disorderly persons charge
where it was dismissed in its entirety. Not only did Mr. Funk’s client avoid all
criminal penalties, he has been able to continue to pursue his political
aspirations.

In 2007 Mr. Funk represented a man charged with murder who faced life
imprisonment. The prosecution was unwilling to offer a plea bargain less than 25
years and the case was tried in Atlantic County Superior Court. The prosecution
was intense and focused squarely on sending Mr. Funk’s client to State Prison
for as long as possible. The attorney from Mr. Funk’s firm who began the trial
on behalf of the client left the trial midway to handle another matter. Mr. Funk

stepped in and presented the case on behalf of the defense as well as closing
argument. The jury found his client not guilty of murder. Instead, it concluded
that the conduct at issue constituted a lesser charge for which Mr. Funk’s client
received a much more lenient sentence which was even shorter than the plea
bargain originally offered by the prosecutor.

In the fall of 2008, Mr. Funk represented a licensed New Jersey
pharmacist accused by the Attorney General’s Medicare Fraud Unit of dispensing
fraudulent prescriptions and then selling the medications through accomplices
who pled guilty and testified against the pharmacist at trial. These serious
charges included healthcare claims fraud, medicare fraud and drug distribution.
The charges were aggravated by the client’s status as a State licensed
healthcare professional and carried potential prison exposure of over 50 years.
After a trial that lasted approximately one month during which the Attorney
General presented thousands of documents and over 40 witnesses, a hung jury
was excused by the court because Mr. Funk successfully prevented the Attorney
General from proving whether his client committed the crimes alleged. The case
was tried again in the spring of 2009, unfortunately resulting in a guilty verdict.
Ultimately however, Mr. Funk was able to limit his client’s State Prison sentence
to 8 years with parole eligibility in less than 3.

In 2009, Mr. Funk represented a client defending an indictment as the
result of a car accident on the Atlantic City Expressway resulting in the death of
a passenger in the other vehicle. Mr. Funk made a motion to dismiss the entire
indictment for lack of evidenced sufficient to support the charges and the case
was dismissed. After the indictment was dismissed, Mr. Funk’s client’s case was
remanded to traffic court where he was charged with driving under the influence
of drugs. Mr. Funk was also successful in having that charge dismissed as well.

Mr. Funk also represented the handicapped father of a Northfield
Elementary School First Grader who was arrested at the school in front of his
child and charged with disorderly conduct in Municipal Court uttering profanity
after a police officer patrolling the parking lot told him that he was illegally parked
during a rainstorm. Mr. Funk successfully argued that his client’s language,
although regrettable, was protected by the First Amendment and could not
subject him to criminal penalties. The case, which should never have been
initiated in the first place, was dismissed. It attracted attention locally because
of the fact that it happened at a school, in front of children and it disturbed many
members of the community to see a police officer, with all of the power, exercise
such an obvious lack of patience and restraint against the handicapped parent of
a school child in the community.

Mr. Funk handles a myriad of Municipal Court matters including many
cases involving allegations of Driving While Intoxicated (DWI) or Driving Under
the Influence (DUI) of Drugs. He has obtained acquittals for clients following
trials including a recent case where he convinced the Judge to exonerate a

client charged with driving under the influence of drugs. It was a second offense
and the potential penalties were severe, including a mandatory 2 year license
suspension. The client was spared such a penalty thanks to Mr. Funk’s efforts.
He has also had DWI/DUI charges dismissed, or penalties minimized, based on
lack of evidence and/or improperly obtained breath test results.

His practice also extends to Federal Court. In one such recent matter, Mr.
Funk represented a man charged with conspiracy to defraud the United States by
structuring currency transactions with domestic banks for the purpose of avoiding
tax reporting requirements. Prior to Mr. Funk’s involvement in the case, the
client had entered a plea agreement with the United States Attorney pursuant
to which he would agree to plead guilty to the charge and acknowledge that
the Federal Sentencing Guideline Range of 12 to 18 months imprisonment was
reasonable. Mr. Funk abided by the terms of the plea agreement but was able to
successfully convince the court to impose a period of community based probation
in lieu of a prison sentence. His client was thus allowed to maintain his freedom
continuously, has served his term of probation and the matter is now behind him
completely.

In 2010 Mr. Funk handled one of his most important cases on behalf
of a prominent Atlantic City law firm, Miller, Gallagher and Grimley, that was
prevented by the Tax Court from handling tax appeals on behalf of over 200
taxpayers in Atlantic City because it had previously represented Atlantic City
in past tax appeal cases. After the Tax Court’s decision was upheld by the
Appellate Division, Mr. Funk petitioned the New Jersey Supreme Court to hear
the case. The Supreme Court granted certification on the issue of when an
attorney, pursuant to the Rules of Professional Conduct, must refrain from
representing a new client against a former client in a substantially related matter.
Mr. Funk successfully argued that his client’s cases on behalf of the taxpayers
against the City were not substantially related to the matters it previously handled
on behalf of the City. The Supreme Court reversed the rulings of both the
Tax Court and the Appellate Court, Mr. Funk’s client was able to continue its
relationship with its clients and the 200 plus taxpayers were able to remain with
the attorneys of their choosing. The case, City of Atlantic City v. Trupos, 201
N.J. 447 (2010), has been described as a “watershed” opinion by other courts
examining similar legal issues regarding the ethical obligations of attorneys to
current and former clients.

Although handling less civil litigation than during his early career, Mr. Funk
continues to handle some civil matters. Most recently, in November of 2011,
he represented a family-owned small business against a former employee for
theft, unfair competition and interference with their economic advantage in the
marketplace. Following a three week trial before the Burlington County Superior
Court, the jury returned a verdict in favor of Mr. Funk’s clients in excess of
$215,000 against the offending employee.

Mr. Funk also recently won a matter that he initiated against the Ocean
City Housing Authority on behalf of one of its former long time employees who
was improperly denied health insurance benefits for him and his wife upon his
retirement. His wife suffered from a severe health problem requiring surgery.
Mr. Funk’s work on his client’s behalf resulted in the Cape May County Superior
Court ordering the Housing Authority to provide the health benefits to which his
client was rightfully entitled for both he and his wife in their retirement years.

 

 

The Leonard Law Group Attorneys proudly represent litigants in Criminal Law, Family Law, Personal Injury, Civil Law, and Entertainment Law throughout the State of New Jersey including but not limited to: Atlantic City, Camden, Egg Harbor Township, Mays Landing, Pleasantville, Hammonton, Galloway Township, Absecon, Margate, Ventnor, Longport, Linwood, Northfield, Somers Point, Ocean City, Cape May, Wildwood, Cherry Hill, Sicklerville, Winslow Township, Gloucester Township, Woodbury, Washington Township, Turnersville, Trenton, Toms River, Mount Holly, Bridgeton, Vineland, Patterson, Newark, Angelsea, Avalon, Belleplain, Burleigh, Cape May Court House, Cape May Point, Diamond Beach, Erma, Mount Pleasant, North Cape May, North Wildwood, Rio Grande, Sea Isle City, Stone Harbor, Strathmere, Townsends Inlet, Villas, West Cape May, West Wildwood, Whitesboro, Wildwood Crest, Wildwood Gables, Woodbine, Woodbine Junction, Atlantic County, Cape May County, Camden County, Cumberland County, Gloucester County, Ocean County, Salem County and Burlington County

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