Daniel F. Rubio, Esq.
|
Education
|
Daniel's practice focuses on complex criminal defense litigation and select civil matters. Daniel's practice and experience extends to federal and state criminal matters with allegations ranging from healthcare fraud, including Medicare and Medicaid fraud, money laundering, Ponzi schemes, cyber (internet) crimes, mail fraud, wire fraud, narcotics (drugs) possession, distribution, and trafficking. Daniel also handles matters involving firearm laws, including concealed carry permit violations.
Daniel has represented clients before various administrative bodies of the State of Florida, including the Florida Agency for Health Care Administration, the Florida Department of Health, the Florida Department of Health's Office of Medical Marijuana Use, and the Florida Department of Children and Families. Daniel has guided clients seeking exemptions from disqualification from employment with various employers governed by Florida's various administrative agencies.
Below are a few select representative matters that Daniel has been involved in recently:
DOCTOR CHARGED WITH 22 COUNTS OF HEALTHCARE/MEDICARE FRAUD – NOT GUILTY AFTER TWO-WEEK JURY TRIAL:
Daniel was part of the defense team that went to trial in Federal Court on behalf of a prominent South Florida doctor charged with 22 counts of Healthcare/Medicare Fraud. The Government alleged the doctor, at each of his several office locations, falsified diagnoses and treatments of patients in an alleged scheme to make money. In support of its case, the Government introduced testimony from ocular oncology experts from the Cleveland Clinic and Bascom Palmer to assert that the doctor treated non-existent tumors in patients’ eyes. During trial, Daniel cross examined the government’s fact witness regarding the patients’ files and the doctor’s diagnoses, confirming the doctor’s position. Daniel also conducted the direct examination of the doctor as he testified before the jury. Daniel was part of a great defense team that helped refute the claims of the Government and its experts by first confirming the presence of tumors, and then educating the jury that the doctor’s treatments were proper. After a two-week trial, the 12-member jury rendered a verdict acquitting the doctor on all 22 counts in Fort Lauderdale, Florida.
ARMED ROBBERY – PROBATION:
Daniel represented an athlete recruited to play college football at many major Division I colleges and universities. While the athlete was attending college, he was charged with Armed Robbery—a felony punishable by life imprisonment. After Frank won the Arthur hearing, gaining the client pretrial release, Daniel and Frank flew out to Tucson, Arizona for the deposition of the state’s main witness, the client’s roommate who had changed colleges. Following a successful deposition of the client’s roommate, Daniel and Frank negotiated a plea to a reduced charge and a probationary sentence.
LOITERING AND PROWLING – CHARGES DROPPED BY THE STATE:
After review of hours of body camera footage, discovery, and case law, Daniel drafted a motion to dismiss on behalf of a client who was charged with loitering and prowling. The State brought charges against the individual after the individual arrived at a fast-food restaurant, discovered it was closed, momentarily got out of the vehicle, and then drove away. Daniel argued that the officers’ investigatory stop of the client’s vehicle was unlawful because the officers did not possess any legal basis to justify the investigatory stop of the client’s vehicle. Therefore, citing case law from the Florida Supreme Court, various Florida Courts of Appeal, and the cited Florida Statutes, Daniel argued that the officers never should have arrested the client. Upon reading the motion, the State agreed to drop the charges against the client.
Prior to joining Rubio, Rubio, & Rubio, Daniel litigated cases for a large civil defense firm in South Florida. Daniel gained valuable trial experience and handled cases involving extensive liability exposure.
While in law school at the University of Florida, Daniel was consistently named to the Dean’s list, and earned the Levin College of Law Scholar Award. During that period, Daniel served as a judicial clerk on the United States District Court for the Southern District of Florida. Daniel held a Summer Associate position with the Broward County Attorney’s Office. Additionally, Daniel served as a Teaching Assistant for two law school courses: Legal Writing and Appellate Advocacy.
As he pursued his undergraduate studies at the University of Florida, Daniel was named to the President’s List and Dean’s List. He also received the ICSC Foundation Real Estate Award. During that period, he served as a teaching assistant for two business courses: Real Estate Analysis and Business Law. He also served as a judicial clerk on the Eleventh Judicial Circuit Court Civil Division.
Daniel has represented clients before various administrative bodies of the State of Florida, including the Florida Agency for Health Care Administration, the Florida Department of Health, the Florida Department of Health's Office of Medical Marijuana Use, and the Florida Department of Children and Families. Daniel has guided clients seeking exemptions from disqualification from employment with various employers governed by Florida's various administrative agencies.
Below are a few select representative matters that Daniel has been involved in recently:
DOCTOR CHARGED WITH 22 COUNTS OF HEALTHCARE/MEDICARE FRAUD – NOT GUILTY AFTER TWO-WEEK JURY TRIAL:
Daniel was part of the defense team that went to trial in Federal Court on behalf of a prominent South Florida doctor charged with 22 counts of Healthcare/Medicare Fraud. The Government alleged the doctor, at each of his several office locations, falsified diagnoses and treatments of patients in an alleged scheme to make money. In support of its case, the Government introduced testimony from ocular oncology experts from the Cleveland Clinic and Bascom Palmer to assert that the doctor treated non-existent tumors in patients’ eyes. During trial, Daniel cross examined the government’s fact witness regarding the patients’ files and the doctor’s diagnoses, confirming the doctor’s position. Daniel also conducted the direct examination of the doctor as he testified before the jury. Daniel was part of a great defense team that helped refute the claims of the Government and its experts by first confirming the presence of tumors, and then educating the jury that the doctor’s treatments were proper. After a two-week trial, the 12-member jury rendered a verdict acquitting the doctor on all 22 counts in Fort Lauderdale, Florida.
ARMED ROBBERY – PROBATION:
Daniel represented an athlete recruited to play college football at many major Division I colleges and universities. While the athlete was attending college, he was charged with Armed Robbery—a felony punishable by life imprisonment. After Frank won the Arthur hearing, gaining the client pretrial release, Daniel and Frank flew out to Tucson, Arizona for the deposition of the state’s main witness, the client’s roommate who had changed colleges. Following a successful deposition of the client’s roommate, Daniel and Frank negotiated a plea to a reduced charge and a probationary sentence.
LOITERING AND PROWLING – CHARGES DROPPED BY THE STATE:
After review of hours of body camera footage, discovery, and case law, Daniel drafted a motion to dismiss on behalf of a client who was charged with loitering and prowling. The State brought charges against the individual after the individual arrived at a fast-food restaurant, discovered it was closed, momentarily got out of the vehicle, and then drove away. Daniel argued that the officers’ investigatory stop of the client’s vehicle was unlawful because the officers did not possess any legal basis to justify the investigatory stop of the client’s vehicle. Therefore, citing case law from the Florida Supreme Court, various Florida Courts of Appeal, and the cited Florida Statutes, Daniel argued that the officers never should have arrested the client. Upon reading the motion, the State agreed to drop the charges against the client.
Prior to joining Rubio, Rubio, & Rubio, Daniel litigated cases for a large civil defense firm in South Florida. Daniel gained valuable trial experience and handled cases involving extensive liability exposure.
While in law school at the University of Florida, Daniel was consistently named to the Dean’s list, and earned the Levin College of Law Scholar Award. During that period, Daniel served as a judicial clerk on the United States District Court for the Southern District of Florida. Daniel held a Summer Associate position with the Broward County Attorney’s Office. Additionally, Daniel served as a Teaching Assistant for two law school courses: Legal Writing and Appellate Advocacy.
As he pursued his undergraduate studies at the University of Florida, Daniel was named to the President’s List and Dean’s List. He also received the ICSC Foundation Real Estate Award. During that period, he served as a teaching assistant for two business courses: Real Estate Analysis and Business Law. He also served as a judicial clerk on the Eleventh Judicial Circuit Court Civil Division.