Paul Mogin’s practice encompasses both civil and criminal litigation, with a special emphasis on white collar criminal cases, civil and criminal appeals, government investigations and cases involving claims for punitive damages. Mr. Mogin is highlighted for his appellate work in the 2012 edition of The Legal 500 United States. He argued Cleveland v. United States, 531 U.S. 12 (2000), and has argued or briefed successful challenges to criminal convictions in the Second, Fourth, Sixth, and District of Columbia Circuits. Mr. Mogin has also represented clients in a variety of different kinds of investigations, including investigations by grand juries, the SEC, the CFTC, bar disciplinary authorities, and a state board of ethics.
Most recently, Mr. Mogin prevailed in United States v. Ford, 639 F.3d 718 (6th Cir. 2011), where the Sixth Circuit overturned his client’s conviction on all six counts (two wire fraud/honest services counts and four false statement counts). Mr. Mogin has also persuaded the Fourth Circuit to reverse a $200,000 sanction against a corporate defendant for alleged misconduct during discovery, and he has been involved in six successful challenges to punitive damages awards each of which exceeded $10 million.
The questions before the Supreme Court in the Cleveland case, which involved a video poker parlor in Slidell, Louisiana, were (i) whether a state license constitutes “property” under the federal mail fraud statute and (ii) whether under that statute the object of a fraud must be “property” in the victim’s hands. In 1997, the Supreme Court had denied a petition for certiorari that had asked the Court to resolve the conflict among the circuits on the first question, but three years later Mr. Mogin convinced the Court to grant review. The Court later resolved both questions in favor of Mr. Mogin’s client.
A prolific legal writer, Mr. Mogin’s 1998 University of Chicago Law Review article about punitive damages was reprinted in The Right to a Fair Trial (2009), a collection of essays edited by Thom Brooks of Newcastle University. His most recent article, published in The Champion, the journal of the National Association of Criminal Defense Lawyers, argues that the federal false statement statute (18 U.S.C. § 1001) should be interpreted to require proof that the defendant knew he was acting unlawfully.
Mr. Mogin has also written amicus curiae briefs for the American Bar Association in Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), and for the National Association of Criminal Defense Lawyers in Castro v. United States, 540 U.S. 375 (2003), and Wyoming v. Houghton, 526 U.S. 295 (1999).
Mr. Mogin was born in Neptune, New Jersey and grew up an hour away in Bridgewater, in central New Jersey. He graduated from Princeton University summa cum laude and received his J.D. degree magna cum laude from Harvard Law School, where he was an editor of the Harvard Law Review. Mr. Mogin was a law clerk to Judge Henry J. Friendly of the Second Circuit before joining Williams & Connolly LLP in 1981. He rejoined the firm after clerking for Associate Supreme Court Justice Thurgood Marshall during the 1982 Term.