Michael S. Pollok

Of Counsel

Michael Pollok is an experienced criminal defense attorney who focuses his practice on criminal matters in federal and state courts, as well as regulatory investigations and hearings. Mr. Pollok understands that, whether a matter involves a complex white-collar investigation or a misdemeanor or domestic dispute, a client involved in criminal or regulatory proceedings deserves sensitive, effective counsel with the experience and judgment to handle all aspects of the judicial process.

In addition to extensive trial experience, Mr. Pollok has written and argued numerous criminal appeals and writs of certiorari to the United States Supreme Court, and has successfully applied for post-conviction remedies including writs of habeas corpus and motions to set aside or modify convictions and sentences in federal and New York courts.

In addition, Mr. Pollok has experience writing applications for commutations of sentences, deferring prosecutions, executive clemency, pardons, certificates of relief from civil disabilities, supervised release, as well as handling probation and parole violation proceedings and obtaining bail pending appeal.

Prior to joining ABV, Mr. Pollok was of counsel to Hoffman & Pollok, where his practice included criminal defense trials, appeals and post-conviction motions. Before that, he was an associate at Barrett, Gravante, Carpinello & Stern, LLP, where his practice involved white collar criminal defense litigation and appeals, as well as complex civil litigation, including matters involving failed savings institutions on behalf of the Federal Deposition Insurance Corporation and Resolution Trust Corporation. Mr. Pollok interned for two New York State Supreme Court Justices and wrote successful briefs for the Appeals Bureaus in the New York County District Attorney’s Office and The Kings County District Attorney’s Office while still in law school.

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Representative Matters

Mr. Pollok has experience over a wide range of criminal and regulatory matters, including:

• Successfully defending multiple criminal tax matters and federal investigations related to the securities industry, banking, private placement memoranda, and other white-collar investigations by state and federal authorities.
• Successfully defending numerous pharmacies in Medicaid Fraud investigations, often securing outright dismissals based on lack of evidence.
• Counseling concerning preemptive compliance for businesses to reduce the likelihood of criminal law and regulatory violations, including pharmacy compliance.
• Successfully reducing charges from felonies to misdemeanors and obtaining dismissals by exposing weaknesses in the prosecution's cases pre-trial.

Many of Mr. Pollok's cases have been featured in the New York Law Journal. Specific examples of cases handled by Mr. Pollok include:

• A post-conviction motion that successfully reduced a life sentence to time served based upon ineffective assistance of prior counsel.
• Successfully defended a number of professional athletes in matters involving sports memorabilia tax investigations and weapons and drug charges.
• Successfully obtained dismissal of criminal charges of mail fraud against an attorney who was convicted after a trial.
• Secured the dismissal of charges against an airplane pilot and co-pilot wrongfully accused and detained for drug trafficking.
• On a post-conviction motion in Federal District Court, successfully proved that the defendant was actually innocent. The Court of Appeals, in an extremely rare decision, reversed the District Court's finding of actual innocence alleging that the Judge had made a mistake in his findings of fact even though the Judge had observed and listened to witnesses at a three-day hearing.
• Obtained dismissals in a number of cases pre-trial by demonstrating that the police illegally searched a defendant's vehicle, home, or business.
• In a criminal immigration fraud case, uncovered evidence that the government was selectively targeting people with Muslim or Arab names for prosecution after September 11th
• Obtained downward departure from Sentencing Guidelines, to impose sentence not involving incarceration due to need for defendant to provide medication and emotional support to spouse.
• Obtained a federal sentence of probation for a client facing 30 years in prison for conspiracy and fraud in a multi-defendant case wherein all of the other defendants were sentenced to prison.
• Argued a case before the United States Court of Appeals, which held that a District Court is "required to make a determination of the applicable Guidelines range, or at least identification of the arguably applicable ranges, despite the fact that such ranges are now advisory."

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