Washington, D.C. —  Burnham & Gorokhov is pleased to announce a significant result on behalf of its client, Charles Pollack. After more than a year of litigation, the United States District Court dismissed with prejudice a wire fraud conspiracy charge brought by the U.S. Department of Justice’s Fraud Division and the United States Attorney’s Office for the District of Maryland. The charge arose from the alleged sale of binary options.

In a detailed memorandum opinion examining more than five years of litigation, the court concluded that the Government violated Mr. Pollack’s Sixth Amendment right to a speedy trial. Applying the constitutional balancing test established by the United States Supreme Court, the court found that the delay in bringing Mr. Pollack to trial weighed heavily against the Government.

Among other findings, the court determined that the Government’s delay resulted from its “lack of reasonable diligence, errors of judgment, and unexplained, lethargic approach to extradition.” Based on the totality of the circumstances, the court dismissed the wire fraud conspiracy charge with prejudice, bringing the prosecution to an end.

This decision highlights the constitutional protections afforded to individuals accused of federal crimes and reinforces the Government’s obligation to prosecute criminal cases with reasonable diligence. Although motions to dismiss based on speedy trial violations are closely scrutinized and often vigorously contested, they remain an important safeguard against unreasonable prosecutorial delay.

Burnham & Gorokhov was honored to represent Mr. Pollack throughout this matter. The defense team was led by attorneys Eugene Gorokhov and Jonathan Knowles, whose diligent advocacy and commitment to protecting their client’s constitutional rights were instrumental in achieving this result.

For those interested in the court’s analysis, the memorandum opinion is available below.