Personal Injury/Wrongful Death Cases: Wrongful Death case: Closed: August, 2005: Represented widow of passenger/husband who was killed when DUI driver/brother hit a tractor trailer with dirty reflectors who was also killed. Liability disputed and no offers presented by third party. Primary insurance carrier declared insolvent and secondary carrier denied “step-down” basis to assume underlying coverage. Benson Lee substituted in as trial counsel and negotiated the case for $800k for passenger’s dependents. Passenger in bus crash: Closed: Passenger was severely hurt when the bus driver became unconscious while the bus was on cruise control and ran off road. Case settled for $1.3 million. Wrongful Death: Pending-12/05 : Pedestrian was walking to work and killed when hit by DUI driver who also injured his passenger. Benson Lee is representing parents of the unmarried pedestrian. Criminal Cases with  Immigration Consequences: Solicitation/Prostitution: April 13, 2006: Filipino alien re-enter the US from abroad and was not admitted because of a prior guilty solicitation guilty plea and was put in removal proceedings. Post-conviction relief initiated to loitering for the purposes of prostitution. Alien picked up second solicitation charge during removal proceedings which was negotiated to trespassing. Benson Lee filed EOIR-42A waiver and also moved to terminate proceedings. Result: Removal proceedings were terminated and alien was admitted to the United States. Possession of controlled substances with intent to sell. Pending case: Canadian LPR returning to U.S. and was delayed for failure to appear in drug court. Prior felony guilty pleas to possession of stolen vehicle (Felony) and controlled substances (Felony) which could be amended to misdemeanors upon successful completion of drug court. Immigration hold placed on alien and underlying criminal case reopened. Result: Benson Lee substituted in case, re-admitted alien to drug court and alien was placed upon house arrest and underlying criminal case was closed.  Possession of controlled substances with intent to sell. 2003: Mexican Alien pled guilty to Felony PCS with Intent to Sell. When reported to probation, alien was detained and sent to Arizona while post-conviction proceedings were initiated. Benson Lee substituted as counsel, filed motions to set aside guilty plea and judgment of conviction, dismissed the underlying Felony PCS upon completion of counseling. Result: Case closed. Alien released, removal proceedings terminated and alien is now seeking citizenship. Asylum/Withholding of Removal Case: Withholding of Removal/Asylum. Indonesian visitor filed asylum application which was denied and matter placed in proceedings in Immigration Court. DHS alleged fraud in asylum application. Because of the tsunamis, removal proceedings were stayed briefly while Immigration Court determined if temporarily protected status was afforded to Indonesians because of the massive destruction of intra-structure to Indonesia. At individual hearing, Benson Lee negotiated a granting of withholding of removal and withdrew the asylum claim. Result: Alien has received her work card and is living in Kansas with family. Immigration Cases: Criminal aliens 4/08: Brad X: Alien with aggravated felony, 3rd Degree Aggravated Assault in 1999, sworn in as US citizen. 5/08: Alien appealed denial of political asylum by Immigration Court and appealed to BIA. In the interim, Alien married a USC. BIA remanded to Immigration Court for adjustment of status which was granted by BCIS. Alien now has green card. 5/08: Upon return into US after vacation, Alien was subjected to deferred admission with CBP because of two prior felonies and LPR taken away and finally returned. Divorce Case with Immigration Consequences: Divorce Proceedings with Withdrawn I-130 petition. Pending. 18-year Chinese couple was petitioned by natural USC daughter. After arrival, domestic problems occurred with husband and spouse/client whom moved out. Husband got daughter to withdraw I-130 alien relative petition for wife resulting in cancellation of the work card (employment authorization card) and demand by BCIS for voluntary departure. Alien departed US because of inability to find work because of language difficulty and returned to China while divorce proceedings are pending. Violence Against Women. Closed-2004: British alien married USC who withdrew her I-130 application for husband during first two years of marriage and sought to annul the marriage to deport alien husband. Benson Lee filed application to seek relief for husband under Violence Against women provision and entered the annulment/divorce proceedings. Result: Alien got divorced without any immigration consequences and alien received LPR status and work card. Other Divorce Cases: Divorce -------------- Criminal Cases: 10/8/07 Jury trial of Miquel X: 2 counts of attempted murder w/deadly weapon (shotgun), 2 counts of assault w/deadly weapon and discharging firearm into vehicle. Before trial, no deal was offered by the prosecutor. After jury was selected and one of the victims testified, the attempted murder counts were dismissed. Successfully negotiated plea to one count of assault w/deadly weapon with probation. Defendant ordered release on house arrest pending sentencing and defendant is home with family. 12/07:  Hum X: Charged with Attempted Murder, 1st Degree Kidnapping, Coercion, Assault with Deadly Weapon. Prosecutor opposed any reduction of bail ($250k), own recognizance release or house arrest. Result: Negotiated to single count of Assault w/Deadly Weapon, Defendant given house arrest pending sentencing which the Judge indicated would be probation. Result: Defendant was granted probation. Bad Check case: Closed: Chinese USC pled guilty to felony charge of passing a bad check and placed upon probation and 100% restitution imposed. Benson Lee substituted into criminal case, negotiated a discounted, lump-sum payment of the restitution with the Bad Check Diversion Unit, dismissed the underlying felony case.  DUI: Closed: 2005 Driver fell asleep while waiting for traffic light at intersection. Paramedics called to the scene who woke up driver and called police. Driver charged with DUI and revocation of license by DMV. Result: DUI was negotiated to reckless and revocation of driver’s license was terminated by Benson Lee. Million Dollar PEPSI Bottle Case: Closed.  Employee at a health food store disposed of Pepsi Bottle which contained a bottle cap saying “You’ve won a million dollars.” Employee called the contest headquarters and claimed the prize. Another employee claimed the Pepsi Bottle was hers and sued for the prize. Litigation ensued and District Court found for other employee and case was appealed to Nevada Supreme Court. Result: Settled for a confidential sum. Case attracted international attention and was subject of Good Morning America. PROFESSIONAL LICENSING CASES Chiropractor & Dental Board Cases:  Closed -1996-2002: Chiropractor charged with unprofessional conduct when one of his unlicensed chiropractic assistants alleged performed a manipulation while under licensee’s employment. A consent decree was entered in which the chiropractor entered a guilty plea to one count of unprofessional conduct. Benson Lee was retained to set aside the guilty plea and to commence a civil action against the Chiropractic Physicians Board of Nevada. In addition, two federal civil actions were commenced in Nevada of which one case was appealed to the 9th Circuit of Appeals. Three petitions were submitted to the Nevada Supreme Court to stop the civil suit from commencing based upon governmental immunity.  Result: The Nevada Supreme Court denied the Attorney General’s petitions to stop the civil trial. At the civil trial, a settlement was reached where the chiropractor was resolved of all liability, the chiropractor’s record was cleared totally and the Chiropractic Board agreed to contact all insurance and MCO providers to correct adverse credentialing inquires. Closed: March, 2006. Chiropractor charged with four counts of unprofessional conduct for billing discrepancies arising from a patient complaining about co-pay collection procedures. Settlement negotiations broke down and the matter went to the Chiro Board for full hearing. Result: Board acquitted the chiropractor of all charges. Estimated expenses of the Board for the proceedings were $15-18,000 which were not chargeable to chiropractor. Closed: 2005. Chiropractor failed to submit late fees with license renewal and was charged with the unauthorized practice of chiropractics without a license. Investigation resulted in other allegations of unprofessional conduct causing other concerns, including regarding renewal of the E&O coverage . Case negotiated with minimum consequences and doctor is in practice. Closed: 2006. Chiropractors visited by Board investigator without notice. Benson Lee, also a criminal defense attorney, invoked constitutional safeguards and refused to allow entry without a search warrant based upon probable cause.  Dental Board: Closed: Dentist was charged with unprofessional conduct for hiring an unlicensed dental hygienist who was arrested by the Nevada Attorney General’s office. No action was taken by the AG against the dentist but the Dental Board sought disciplinary proceedings against the licensee dentist. Result: Settlement where dentist was not guilty of any unprofessional conduct. Beauty Pageant Litigation Cases: 10/29/07: Trademark Infringement Trial pending, US District Court, 10th Circuit, Denver CO. Defending national organization against unfair competition (15 U.S.C. Section 1125) and Trademark Infringement and Deceptive Trade practices under Colorado law. Update: Battle of the beauties in CO federal court: Defense trial counsel in trademark infringement case involving two state directors of the Mrs. United States and Mrs. America national pageant. The state director of the Mrs. Colorado America sued the other state director and his national pageant over the use of the term, "Mrs. Colorado. Plaintiff's costs and attorney fees estimated at $150k and sought $50k in damages. The federal court found no infringement on a national level as the term was generic and descriptive; however, judgment against the local director for $6k plus costs in which national pageant was jointly liable. Defense counsel has been a judge in national pageants since 1995.  Adam Walsh Child Protection and Safety Act of 2006 in Nevada Nevada Adam Walsh Act: AB 579 requires new information and registration requirements effective 7/1/08. It may be unconstitutional for some older cases or may be modified to avoid registration if the minor was over 14 and consensual .  * Contact our Las Vegas office for further information and assistance.  We can also refer to a California attorney for California convictions.