Sexual Abuse Prevention and Response

Madelaine has represented multiple corporate clients, including several religious institutions, on the issues of sexual abuse prevention and response plans. She assists clients in creating and maintaining training programs aimed at preventing and detecting potential sexual abuse. If abuse is reported, Madelaine directs the response to such reports, including notifying law enforcement and conducting internal investigations to help determine the validity of allegations. Madelaine represents corporate clients facing investigations of historic sexual abuse allegations and, where necessary, assisted in responding to search warrants and subpoenas. Madelaine also represents clients in both criminal and civil litigation arising out of allegations of historic or present-day sexual abuse claims.

Internal Investigations

Madelaine has conducted numerous internal investigations on a topics ranging from embezzlement to allegations of fraud to harassment and sexual misconduct, working successfully in dozens of industries. When clients receive allegations of wrong-doing, Madelaine and her team will review documents and interview witnesses to get the facts needed to verify or refute the allegations. Madelaine also assists clients in regulatory and compliance issues arising from potential wrongdoing, counseling on when and how to report findings properly to law enforcement.

Criminal Discovery

Over the years, Madelaine has led many of Michigan’s largest criminal discovery cases. She works with her clients to leverage technology to effectively and efficiently respond to subpoenas. She also assists clients to create search warrant and subpoena response policies, training employees on best practices before the need arises so their reactions do not jeopardize their organizations.

When clients are called into the Grand Jury or trial as witnesses, Madelaine relies on her vast trial experience to prepare them. She’s able to help witnesses feel as comfortable as possible when the time comes to testify so they can accurately and convincingly share their stories.

General Criminal Defense

Madelaine regularly represents criminal defendants in federal court on a variety of charges, including Medicare fraud, immigration, firearms and narcotics. In this role, Madelaine handles pre-trial negotiations, discovery, trial and, if necessary, appeal.

She also regularly prepares witnesses, including victims, for testimony at preliminary examinations, grand jury and trial.

Trial Counsel

Criminal

Madelaine has represented federal criminal defendants as lead counsel or co-lead counsel at trial on a wide range of charges, including conspiracy to distribute narcotics, felon in possession of a firearm, illegal re-entry, identify theft conspiracy and others. She combines her knowledge of the law and oral advocacy skills to vigorously represent her clients.

In state court, Madelaine has represented clients in trial on various assault charges. Most recently, co-chaired a felony jury trial in Berrien County Circuit Court where the defendant was charged with various sexual assault offenses. The jury acquitted the defendant of the most serious charge.

Civil

Ryan Racing, LLC v. Paul Gentilozzi, et al., U.S. District Court, Western District of Michigan. Madelaine served as trial counsel for Ryan Hunter-Reay, a professional race car driver for Andretti Autosport and the 2014 Indianapolis 500 champion.

In 2005, when Mr. Hunter-Reay was an up-and-coming driver, he raced for a Michigan-based team, Rocketsports Racing, which is owned by Paul Gentilozzi. Mr. Gentilozzi terminated Mr. Hunter-Reay in violation of his contract and then set out to ruin Mr. Hunter-Reay’s reputation in the industry.

Mr. Hunter-Reay arbitrated the wrongful termination with Mr. Gentilozzi and was awarded $2.7 million. After converting the award into a judgment, Mr. Hunter-Reay sought to collect, but Mr. Gentilozzi stymied his efforts by creating a sham company. Mr. Gentilozzi named the new company “RSR” and shifted assets to RSR, but claimed the $2.7 million owed to Mr. Hunter-Reay was a debt of the old company. Mr. Gentilozzi had run Rocketsports Racing over the years without regard to corporate formalities, benefiting himself and others at the expense of the company’s creditors. Mr. Hunter-Reay filed suit in federal court in Michigan to collect his $2.7 million judgment under theories of successor liability, fraudulent transfer and piercing the corporate veil.

After a five-day bench trial, Judge Robert Holmes Bell ruled in favor of Mr. Hunter-Reay. In particular, Judge Bell pierced the corporate veil and held that Rocketsports was a mere instrumentality of Mr. Gentilozzi. Additionally, the Court ruled RSR was a successor of Rocketsports and, therefore, liable for payment of the arbitration award.

Judge Bell entered the entire $2.7 million judgment against RSR and Mr. Gentilozzi personally. Click here for the full text of Judge Bell’s Opinion and here for the article “Why an Indy 500 winner sued Lansing real estate tycoon Paul Gentilozzi.”

Co-chaired a three-day jury trial regarding defense of personal injury action. The jury returned a verdict in favor of Madelaine’s client.

In addition to the above, Madelaine has conducted multiple state court bench trials and federal court evidentiary hearings regarding both criminal and civil matters.