Stuart A. Berman

Stuart brings the ability to see all angles of a case to his white-collar criminal defense, civil litigation, and appellate work. He represents businesses and individuals facing criminal investigation and prosecution or civil enforcement action by federal and state authorities in Maryland and around the country.

Stuart’s mantra is “Speak and write plain English and always understand your opponent’s – and the judge’s – view of the case.” His experience with more than 40 felony jury trials benefits his clients: businesses, corporate officers and employees, and other individuals involved in white-collar criminal investigations and prosecutions, civil litigation, and administrative proceedings.

Because of Stuart's long experience, he also has represented businesses and individuals who are victims of economic crime in their interactions with law enforcement agencies and prosecutors.

Stuart also represents businesses and individuals in civil matters, including ERISA litigation defense, breaches of contract, indemnification and warranty litigation, and the Foreign Corrupt Practices Act. He has also represented both companies and relators in whistleblower claims brought under the False Claims Act. 

Stuart has briefed and argued many cases before the 4th Circuit and filed briefs in other appellate courts, including a successful petition for writ of certiorari in the United States Supreme Court and briefs in many federal courts of appeal. He edited and approved dozens of 4th Circuit briefs while serving as a supervisor at the U.S. Attorney’s Office in Greenbelt.

Stuart joined Lerch Early after a 28-year career with the U.S. Department of Justice and several years at a premier boutique litigation firm in Washington, DC.

Stuart and his wife Ellen, a geoscientist, are enthusiastic travelers who have visited dozens of countries and virtually every state. Before his knees gave out, Stuart ran marathons--including the Montgomery County Marathon in the Parks and the Marine Corps Marathon--and he now hikes the C&O Canal and the neighborhoods of Bethesda with his wife and their dogs. Stuart and his wife also enjoy scouring the Maryland and Virginia suburbs for the best international grocery stores and undiscovered ethnic restaurants.

Earlier in life, he backpacked around the world and bicycled through northern California, the Pacific Northwest, and France. Stuart also enjoys music and theater and reading history, biographies, and periodicals. He obsessively follows the Nationals and Capitals.

Education

• Harvard Law School (J.D., cum laude, 1983)
• Cornell University (B.A. in History, distinction in all subjects, 1979)

Admissions

• Maryland
• District of Columbia
• New York
• United States Supreme Court
• United States Courts of Appeals for the 4th, 6th, 11th, and District of Columbia Circuits
• United States District Courts for the District of Maryland, District of Columbia, and Southern and Eastern Districts of New York

• Named to Top Attorney List by Bethesda Magazine (2019)
• Director's Award for Distinguished Service as an Assistant United States Attorney (2009, 2006)
• Gary P. Jordan Award (2009, presented to an AUSA for exemplary performance demonstrating the highest traditions of the office: integrity, ingenuity, dedication to public service, and fairness)
• Barnet D. (Barney) Skolnik Award (2008, presented to one or more AUSAs who demonstrate outstanding professionalism, determination, and creativity in a case of unusual public significance)
• U.S. Department of Health and Human Services Inspector General's Integrity Award (2003)

• Board of Governors, Federal Bar Association, Maryland Chapter
• Simon E. Sobeloff Jewish Law Society
• Wood Acres Civic Association
• Cornell Daily Sun Alumni Association

• American Bar Association
• Federal Bar Association
• Maryland State Bar Association
• Edward Bennett Williams Inn of Court (Master)

• Litigation

White Collar

• Won dismissal of federal court indictment alleging violation of Major Fraud Act by government contractor
• Persuaded government to resolve indicted bank fraud and money laundering case with deferred prosecution agreement
• Represented corporations and corporate executives in U.S. Department of Justice price fixing investigations
• Represented chief information officer of non-profit organization in DOJ wire fraud prosecution
• Represented health care provider in bank fraud and money laundering prosecution
• Represented treasurer of legislative campaign committee in DOJ wire fraud prosecution
• Represented former federal government background investigator in DOJ wire fraud prosecution
• Represented former investment bank executive in DOJ fraud and money laundering investigation
• Represented former CEO of independent drilling company in DOJ securities fraud investigation
• Represented current and former federal, state, and corporate officials in DOJ public corruption and conflict of interest investigations
• Represented employees of medical device manufacturer in DOJ investigation of “off label marketing” violations of Food, Drug and Cosmetics Act
• Represented former executives of information technology companies in Securities and Exchange Commission enforcement litigation and investigations
• Represented corporate victim of embezzlement scheme during investigation, conviction, and sentencing of corporate executive
• Represented defendants in federal court motions for compassionate release under First Step Act

Civil and Administrative Proceedings

• Won partial dismissal of antitrust class-action lawsuit in Southern District of Texas
• Represented educator in breach of contract litigation against publisher
• Represented state college system in successful Eleventh Amendment immunity defense of breach of contract claims in District of Columbia
• Represented distributors of personal protective equipment and ethnic foods in breach of contract actions against suppliers in Eastern District of New York
• Represented government contractor in contact, tort, fraud, and conspiracy litigation against counterparty and third parties in Eastern District of Virginia
• Represented former corporate executive in litigation against Securities and Exchange Commission in District of Maryland that included novel issue regarding scope of privilege claims related to investigations by Public Company Accounting Oversight Board
• Represented U.K.-based creator of educational products in breach of contract and tort litigation
• Represented health care professionals in hospital privileges and disciplinary proceedings
• Represented whistleblowers and defendants in False Claims Act litigation
• Represented dental implant manufacturer in patent and trademark litigation
• Represented software manufacturer in contract, quasi-contract, indemnification, and warranty litigation

Appellate

• Won 6th Circuit Court of Appeals reversal of bank fraud conviction of real estate developer
• Drafted petition for writ of certiorari granted by the U.S. Supreme Court, in False Claims Act case
• Represented law enforcement officer in appeal of RICO and Hobbs Act convictions to 4th Circuit Court of Appeals
• Represented former U.S. Army Colonel in appeal of sentencing ruling to 11th Circuit Court of Appeals
• Represented indigent Baltimore residents in appeals of RICO and conspiracy convictions

Disclaimer: Each case is different and past results do not guarantee similar results in future matters.