Michael K. Burke, Esq.

Michael Burke has twenty-two years of experience practicing civil and criminal litigation, mainly in the federal districts and state courts of New York. Michael began his legal career as an Assistant District Attorney, Kings County District Attorney’s Office in 1996 where he worked in a trial bureau and rose to the level of Senior Assistant District Attorney.

Michael has extensive trial experience in criminal and civil litigation. He has been lead counsel in over 215 complex federal criminal and civil cases in the Southern, Eastern and Northern Districts of New York and several in the District of New Jersey. He has tried more than 30 jury trials to verdict. In criminal matters, based on his persuasive advocacy, Michael has obtained favorable jury and bench verdicts, had prosecutions dismissed, immunity orders granted, and persuaded the government to enter into non-prosecution agreements on behalf of his clients.

In the civil arena, Michael has been lead counsel in numerous jury trials, summary judgment motions and dismissals in both federal and state court. He has handled over 250 depositions and managed all aspects of complex litigation discovery, including cases with voluminous e-discovery.

The criminal matters that Michael has handled cover: white collar criminal defense (including securities fraud, municipal bond fraud, Medicare/health fraud, mortgage fraud, RICO, money laundering, tax evasion, bribery, public corruption); federal computer crimes; government benefits fraud; interstate stalking; International Emergency Economic Protection Act, (“IEEPA”); International Traffic in Arms Regulations offenses (“ITAR”); and environmental crimes.

Michael’s experience in civil defense cases has included: whistle blower claims; First Amendment retaliation; malicious prosecution; wrongful incarceration; false arrest and imprisonment; excessive force; equal protection claims; civil RICO, FLSA, Title VII and IX, FMLA; New York human rights law; premise liability; and personal injury defense.

Michael also is currently handling federal litigation for the following municipalities in New York: Elmsford, Pelham, New Windsor, Highland Falls, Piermont, Ramapo and the County of Dutchess.
Michael is the immediate past President of the Orange County, New York Bar Association where he served on its Board of Trustees for ten years prior to his term as President.

Two years ago, Michael was invited by United States District Court Judge Cathy Seibel and United States Magistrate Lisa Margaret Smith to serve on the 225 Anniversary Committee for the Southern District of New York and also participated in the celebratory planning committee for the 20th Anniversary of the Federal Courthouse in White Plains.

For the past four years Michael has served on the Judicial screening committee for the Rockland Bar Association.

Michael received his undergraduate degree from Fairfield University, where he played Division I soccer for four years. He obtained his law degree from the University of Toledo, College of Law where he was on Law Review and served as the student articles editor. He was awarded the American Jurisprudence Awards for: (1) Legal Research & Writing, Appellate Advocacy (2) Trial Practice and (3) Civil Procedure.

Michael is admitted to practice in the United States District Courts for the Southern, Eastern and Northern Districts of New York, the United States Court of Appeals (Second Circuit), and all state trial and appellate courts in New York. He has an application for admission pending in New Jersey.

Bar Admissions

New York, 1997
U.S. District Court, Southern District of New York, 2001
U.S. District Court, Eastern District of New York, 2002
U.S. District Court, Northern District of New York, 2012
U.S. Court of Appeals, 2nd Circuit, 2003
New Jersey-pending

Honors

New York Super Lawyers – Upstate, 2012 to 2017
10 Best New York State Criminal Lawyers - American Institute of Criminal Law Attorneys 2015 to 2017
225th Anniversary of the Southern District of New York - 2015 Committee Member Published Works
“This Old Court: Abolitionists Line Up the Wrecking Ball on the Juvenile Court,” University of Toledo Law Review, 1995

Professional Associations & Memberships

Orange County Bar Association, President
Board of Directors, Orange County Bar Association
New York State Bar Association- Delegate
Federal Bar Council, 2012-present
Rockland County Bar Association Judicial Screening Committee, 2014-present
New York Council of Defense Lawyers
CJA Federal Assigned Counsel Southern District of New York Criminal Panel, 2004 to present

Reported and Notable Cases

United States. v. Drivas, (acquittal in our client’s favor after trial)
United States v. Pedro Moore, (acquittal in our client’s favor after trial)
U.S. v. St. Lawrence, (This prosecution concluded in December 2017 was the first ever municipal bond fraud prosecution in the country. The case was jointly prosecuted by the SEC and Department of Justice. Michael’s client was acquitted on the top counts after a five and half-week trial. He managed the entire defense which included a 2.7 million document database and examined 54 witnesses at trial. Michael successfully cross-examined an SEC expert during a two-week Fatico sentencing hearing to prove the government had failed to establish any fraud on investors, countering the government’s claim to $5.97 million in losses. Michael’s successful defense reduced his client’s guideline sentence for incarceration by 144 months, or 12 years.
People v. Novesky., (acquitted after trial on all 52 counts)(Orange County Supreme)
United States v. DeLeon, (case dismissed after successfully controverting a search warrant that exposed the federal agent lied in the affidavit about the client’s on-line activity)
People v. T,S (acquitted)
People v. G.G. (acquittal in favor of the client)
United States v. Glum, 272 Fed. Appx. 124 (2d. Cir. 2008)(Second Circuit granted appeal for resentencing on fraud loss)
People v. Zgogena, (acting as special prosecutor defendant was convicted of all counts)
People v. Young, (acting as special prosecutor defendant was convicted on all counts)
People v. Dyne, (acting as special prosecutor defendant was convicted on all counts)

Civil Litigation

English v. Tunney, (Federal whistle blower, wrongful termination, First Amendment retaliation- defense verdict on our client’s favor)
Morrisohn v. Essig and County of Orange, (Federal excessive force-defense verdict in our client’s favor)
Brown v. County of Orange (Federal excessive force-defense verdict in favor of client)
Bozella v. Dutchess County, O’Neill et al. (high profile wrongful incarceration case being prosecuted by a large white shoe firm. The case stemmed from a 1974 murder and burglary of an elderly woman in the City of Poughkeepsie. We achieved dismissals against the individual defendants and settled the remaining claims after extensive discovery right before trial for less than a third of the claimed damages)
Upper Saddle River v. RCSD #1, 16 F.Supp. 3d. 294 (S.D.N.Y 2014) (prevailed in a seven year Clean Water Act Litigation after winning on summary judgment motion that lead to a favorable settlement)
Village of Piermont v. AIC Insurance, 151 F.Supp.3d. 438 (S.D.N.Y. 2015)(successfully litigated underlying complaint alleging employment practices warranting coverage for individual defendants)
Town of Pougkeepsie v. Espie et. al., 402 F. Supp.2d. 443 (S.D.N.Y. 2005) (summary judgment granted in favor of client in Civil RICO case)
Contes v. Porr, 345 F. Supp.2d. 372 (S.D.N.Y. 2004)(First Amendment retaliation claims summary judgment granted on behalf of clients)
Clement v. Delaney Realty, 45 A.D.3d 519 (2d. Dept. 2007)(active concealment of mold condition dismissed)
Coetz v. Maestroeni et al. 476 F.Supp.2d. 332 (S.D.N.Y. 2007)(continuous violation doctrine does not apply and summary judgment granted in favor of client)
Corbo v. N.P. Inc. (District of New Jersey)(Successfully litigated in the District of New Jersey, a Uniformed Services Employment and Reemployment Act “USERRA” case for an Army Officer reservist who was terminated by his employer after he received his orders to be deployed to Iraq.)