Marcos Daniel Jiménez

Marcos Daniel Jiménez is a leading trial lawyer with a proven track record of success in complex business litigation and white-collar criminal matters. Marcos previously served as the United States Attorney for the Southern District of Florida, one of the nation’s largest federal districts.  

Chambers USA describes Marcos as “a great trial lawyer, fearless in the courtroom, which makes him a dangerous opponent.” Marcos is recognized in several categories of The Best Lawyers in America and Who’s Who Legal. The National Law Journal featured him in its annual “Winning” issue for his trial victory on behalf of a Verizon Wireless subsidiary in a deceptive trade practices case brought by the Florida Attorney General.

Marcos recently represented the former president of Panama in extradition proceedings, a Hall of Fame college basketball coach in the investigation of alleged payments to student-athletes, a national oil company in a Terrorism Risk Insurance Act case, two major financial institutions in Ponzi scheme cases, and a former director of a publicly-traded company in shareholder class actions. Other recent matters include the recovery of more than $100 million in a complex bank fraud case and the defeat of a putative class action seeking a $1.6 billion distribution to the policyholders of a health insurance company.

As United States Attorney, Marcos led approximately 230 federal prosecutors in public corruption, terrorism and national security, health care fraud, economic crime, narcotics trafficking, money laundering, environmental, and civil rights cases. He also served on the Attorney General’s Advisory Committee of US Attorneys, headed the nation’s largest Organized Crime Drug Enforcement Task Force, and directed anti-terrorism efforts in the wake of 9/11. Earlier in his career, Marcos served as an Assistant US Attorney, successfully first-chairing criminal trials and appeals.

Marcos is an active community and bar leader. He received the Florida Supreme Court’s Pro Bono Association Award on behalf of the lawyers representing the Cuban refugees detained by the US government at Guantánamo during the 1994 Cuban rafter exodus. The American Lawyer profiled his work on the case.

Marcos graduated in the top one percent of his University of Miami School of Law class, served as an associate editor of the University of Miami Law Review, and is a member of Iron Arrow, the University’s highest honor.

Marcos is fluent in Spanish and often represents Latin American clients.

REPRESENTATIVE CIVIL MATTERS

Lead trial counsel defending putative class actions challenging a health insurer’s reimbursement policy for expensive drug; secured rare early dismissal with prejudice of breach of contract and RICO claims in a decision of first impression (Kondell v. Blue Cross and Blue Shield of Florida, Inc., 187 F. Supp. 3d 1348 (S.D. Fla. 2016)).

Lead trial counsel for the performing artist known as Pitbull; secured dismissal with prejudice of a right-of-publicity lawsuit brought by actress Lindsay Lohan (Lohan v. Perez, et al., 924 F. Supp. 2d 447 (E.D.N.Y. 2013)).

Lead trial and appellate counsel for the French government-owned corporation, CDR Créances, S.A.S., in action against real estate developers who used “Panama Papers” methods to defraud a failed French bank; returned more than $100 million to the client; recognized as a “Most Effective Lawyer” and “Top Dealmaker” by the Daily Business Review for his efforts in the matter (Empire World Towers, LLC v. CDR Créances, S.A.S., 89 So. 3d 1034 (Fla. 3d DCA 2012)).

Lead trial and appellate counsel for Verizon Wireless in federal RICO and tort action against a prominent marketing company, including defense of antitrust counterclaims (Cellco Partnership v. Hope, et al., 2012 US App. LEXIS 3914 (9th Cir. Feb. 27, 2012)).

Lead trial counsel for a health insurance company in successfully defeating a class certification in a decade-long case involving Florida’s prompt-pay statutes; obtained partial summary judgment leading to favorable settlement.

Lead counsel for Verizon in federal court trial victory enforcing restrictive covenants against a former high-ranking executive; overcame a difficult enforcement standard under New York law through careful presentation of facts at trial and effective cross-examination of the defendant called as an adverse witness.

Co-counsel for the prime minister and finance minister of Dubai in defense of Alien Tort Statute claims (Mother Doe I v. Maktoum, 632 F. Supp. 2d 1130 (S.D. Fla. 2007)).

Co-counsel for three Florida government agencies in a federal trial spanning more than 90 days relating to Medicaid reimbursement rates for pediatricians and pediatric dentists. 

Lead trial counsel for The Coca-Cola Company in securing dismissal of Alien Tort Statute claims relating to the murders of bottling plant workers in Colombia (Sinaltrainal v. The Coca-Cola Co., 256 F. Supp. 2d 1345 (S.D. Fla. 2003)).

Counsel for then-Governor George W. Bush and his campaign in the historic Bush v. Gore election cases in 2000.

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SELECTED RECOGNITION

The Best Lawyers in America, 2011-2019

Chambers USA, 2013-2019

Who’s Who Legal (Litigation), 2017-2018

The National Law Journal, profiled in 2011 “Winning” issue

Daily Business Review, selected as South Florida’s “Most Effective Lawyer” in Complex Business/Civil Litigation category

 Hispanic Business Magazine, named as one of the nation’s 100 most influential Hispanics, 2002

United States Coast Guard, Distinguished Public Service Award (highest citizen honor)

SELECTED COMMUNITY AND BAR SERVICE

Florida Bar, Attorney-Client Privilege Task Force, former chair

Florida’s Third District Court of Appeal Judicial Nominating Commission, former chair

Baptist Health Systems, former member of the board of trustees

 National Association of Former US Attorneys, former member of the board of directors

ABA Criminal Justice Section’s White-Collar Crime Committee, co-chair of South Florida Region

Legal Services of Greater Miami, Campaign Committee Member

EDUCATION 

University of Miami School of Law, JD, magna cum laude

University of Miami, BA, magna cum laude

ADMISSIONS

Florida and New York (active), Illinois (inactive)

REPRESENTATIVE WHITE- COLLAR MATTERS

Defense of business executive in FCPA prosecution involving contracts with a national petroleum company.

 Defense of high-profile college basketball coach in connection with federal grand jury investigation of alleged payments to high school recruits in violation of NCAA regulations.

Defense of former president of Panama in extradition sought for alleged surveillance and wiretapping while in office.

Defense of Florida state representative in prosecution for failure to file federal income tax returns. 

Defense of national bank in a federal grand jury investigation relating to compliance with Bank Secrecy Act and anti-money laundering requirements.

Defense of financial institution in multi-state attorney general investigation of a data breach incident.

Internal investigations for various health care providers regarding the Anti-Kickback Statute, Stark Law, and related issues.

FCPA internal investigation for Fortune 500 company involving Latin American operations.

Defense of nation’s largest charter school management organization in well-publicized school district investigation.

Internal investigation related to accounting fraud in the travel industry.

Internal investigation related to Am Law 100 firm partner’s alleged involvement in fraud and money laundering.

Internal investigation for European bank regarding securities fraud allegations.

Internal investigation for HMO relating to chief executive’s conduct.

Defense of national celebrity in a state investigation of alleged voting law violations.

Defense of state judge in an investigation related to alleged campaign violations.

Defense of a European national in a significant federal intellectual property prosecution for unauthorized recordings of live musical performances; obtained favorable plea agreement.

Pre-trial diversion of federal charges brought against European business executive for alleged interference with an airline flight crew. 

Defense of European business owner in a federal investigation of exports in violation of the U.S. Treasury’s Office of Foreign Asset Controls regulations.