For more than 30 years, Brian Holland has defended individuals and companies charged in complex criminal cases in both Federal and State court.  A vigorous advocate for his clients in the courtroom, Brian has tried more than 70 federal and state criminal trials, but a significant focus of his work is preventing his clients – who range from technology and medical products companies to executives and professionals in government, medicine, law, sports, and other high-profile professions – from being indicted or tried on criminal charges.  More often than not, Brian is called upon to solve cases that combine criminal and civil charges, solving thorny challenges either inside the courtroom through a vigorous legal defense or by preventing charges from ever being filed.

 

In private practice since 1985, Brian often serves as associate counsel providing specialized experience to a case or investigation.  His work spans three primary areas:  Federal criminal litigation and investigations, civil litigation and representation, and the defense of professionals in state court for a variety of allegations.  Additionally, he has substantial experience defending companies and individuals in environmental, tax and fraud criminal cases. 

 

His federal criminal experience includes representing clients indicted or under investigation, including 15 federal criminal trials in 26 years.  His representation has included:

 

• Defending one of seven Bureau of Prisons guards charged with conspiracy to assault inmates.  The three month trial of seven defendants was tried under a joint defense agreement and resulted in the jury returning 17 not guilty verdicts out of the 21 verdicts submitted.

 

• Representing union trustees/officials under investigation for breach of fiduciary duties regarding the loss of over 250 million dollars in a nation-wide pension fund fraud that involved criminal charges, a civil action, and a Department of Labor administrative law case.  Ultimately, no criminal charges were filed against the union officials, the DOL declined to take action, and the civil action was resolved through insurance coverage.

• Representing a technology and communications company under a grand jury investigation with a search warrant to seize company product and computers.  Brian helped the company respond rapidly to the warrant to prevent a total company shutdown and ultimately resolved the grand jury investigation without charges.

 

• Representing over 90 union members at the Rocky Flats nuclear weapons plant in an EPA/FBI clean air and clean water criminal investigation.  Brian ultimately resolved all actions to ensure his clients were not charged.
  
  

• Representing a medical device company in a Medicare kickback grand jury investigation.  Brian helped the company avoid a federal indictment.

 

• Other criminal trials involved defending an attorney charged with bankruptcy fraud, defending a former Denver Nugget charged with tax evasion, and defending a lieutenant colonel orthopedic surgeon charged in a military court martial.
  
  

• Other environmental indictments involved an air monitoring specialist charged in a $7 million asbestos abatement at the Ft. Morgan High School and waste water treatment facilities managers charged with the contamination of Clear Creek in Denver and the Poudre River in Greeley.

 

Brian’s state criminal experience includes representing a variety of executives and professionals charged with felony offenses including 50 felony trials.  Brian works extensively with co-counsel representing their clients in criminal investigations during parallel civil proceedings.  His representation has included:

 

• The trial of a travel company executive charged with defrauding more than 100 people who purchased luxury ski vacation packages from a company formed by Brian’s client and another executive.  Charged by the Breckenridge DA, Brian’s client was acquitted of all charges at trial.

 

• Representing numerous medical professionals, including physicians, pharmacists, dentists and nurses in criminal cases or investigations often involving substance abuse, prescription drug violations, sexual abuse and patient care.
  
  

• Defending professionals in licensing actions, including the representation of healthcare professionals before their respective Colorado licensing boards.

 

Brian’s civil experience is also extensive and often involves criminal and civil issues.  He has extensive experience defending clients in federal civil litigation including Section 1983 and Lanham Act product origin, Federal False Claims Act, Federal Tort Claim Act and minority shareholder diversity cases.  These cases include:

• Representing a home owner shot in his home by police officers in a Section 1983 constitutional tort case;
  
  
• Representing a young man detained in county jail for a DUI offense who was housed with a sexual predator and subsequently raped;
  
  
• Representing a pretrial detainee who suffered a stroke due to negligence by the Bureau of Prisons;
  
  
• Representing a pretrial detainee killed in county jail by sheriff deputies.

 

Brian is listed in The Best Lawyers in America and in 5280 Magazine’s list of Colorado Super Lawyers, in the area of white collar criminal defense. He has received the highest AV rating by Martindale-Hubbell. Brian is admitted to practice before the U.S. Supreme Court, the Tenth U.S. Circuit Court of Appeal, the U.S. District Court for the District of Colorado and various other federal courts, and the Colorado Bar.  He was a Deputy State Public Defender for five years in Denver and was an assistant Federal Public Defender for three years.  He served on the Colorado Criminal Defense Bar Board of Directors for three years and served on the Federal District Court Criminal Justice Act Standing Committee for six years.  For the last two years of that service, he was Chair of the Standing Committee and worked closely with the Chief Judge in overseeing the 145 member criminal defense lawyer panel representing clients in Federal Court.  He also served as the National CJA Panel Representative for this District.