Andrew S. Ittleman, CAMS, Partner

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Andrew Ittleman

Andrew S. Ittleman is a Founder and Partner of Fuerst Ittleman David & Joseph, PL. He concentrates his practice in the areas of White Collar Criminal Defense, Anti-Money Laundering Compliance and Food and Drug Law. Mr. Ittleman litigates extensively against the United States government in civil and criminal matters. Learn More

Overview

Andrew Ittleman’s practice is primarily devoted to the representation of regulated entities in complex disputes with the United States government. Virtually all of Fuerst Ittleman David & Joseph, PL’s clients are regulated by the federal government in some way, and Mr. Ittleman focuses his work on those clients which have entered into a dispute with the government regarding whether, and if so how, certain laws or regulations should apply. These disputes can take many forms. In some cases, the government will send correspondence to a regulated business advising the business that it has failed in some material way to comply with federal law. In many of these cases, such as those which begin with Cease and Desist Letters issued by state banking regulators and Warning Letters issued by FDA, the issuing agency posts the correspondence on the World Wide Web, and Mr. Ittleman is thus asked to respond with the utmost sensitivity and urgency. In other cases, the Federal Trade Commission (FTC) or the Department of Justice may announce itself to a regulated entity by issuing a Civil Investigative Demand (CID) or other formal demand for information, and in these cases Mr. Ittleman is requested by his clients to determine what, exactly, is being investigated and why, and to work with the government in limiting the scope of the investigation so that it does not unduly burden the client’s business.

Mr. Ittleman also represents clients which are the subjects and targets of grand jury investigations. In these cases, the violation of law which the government believes to have occurred is normally of a very significant nature, and typically the government believes that the regulated entity violated the law with specific intent and in a manner that injured members of the public or the government itself. When a client is the subject or target of a grand jury investigation, Mr. Ittleman is often retained for purposes of determining what is being investigated and how to most effectively minimize the potential fallout of the investigation. In these cases, Mr. Ittleman is required to develop a thorough understanding of the client’s business and the governing laws and regulations, and a good working relationship with the federal government and counsel to the other parties under investigation.

In many cases, both civil and criminal, litigation against the federal government is unavoidable, and Mr. Ittleman has been retained to serve as counsel in many such lawsuits. On the one hand, civil litigation may follow the government’s issuance of a warning letter, CID or Cease and Desist letter, where the government and regulated party cannot settle their dispute outside of court along mutually acceptable terms and especially where the regulated entity does not believe that it is subject to the agency’s jurisdiction. In these cases, Mr. Ittleman is often asked to sue the federal government in federal court in an effort to have the government’s conduct declared to be unlawful, and in other cases, Mr. Ittleman is called in for representation when the government has filed suit seeking to have the regulated entity’s conduct permanently enjoined. Litigating civil actions against the federal government requires Mr. Ittleman to possess a strong working knowledge of Constitutional Law, Administrative Law, and the Rules governing litigation in federal court.

On the other hand, in the most extreme cases, a grand jury has returned an indictment alleging that a party under investigation has violated federal law in some material way, and the party then finds itself named as a named defendant in a criminal case. In these circumstances, Mr. Ittleman is retained for purposes of challenging the grand jury’s indictment and vigorously defending his clients in court. Mr. Ittleman has represented a host of defendants in federal criminal cases, and worked for some of Miami’s most well respected criminal defense attorneys (Joel Hirschhorn, Brian Bieber, Jeffrey S. Weiner, Jeanne Baker, Mel Black) prior to joining Mr. Fuerst to form Fuerst Ittleman David & Joseph, PL.

Mr. Ittleman was born in Philadelphia, Pennsylvania and raised in Cherry Hill, New Jersey. He holds a Bachelor of Arts degree from Emory University and received his law degree from the University of Miami Law School in Miami, Florida. Mr. Ittleman is licensed to practice law in the State of Florida, and admitted to practice before the United States Supreme Court, the United States Courts of Appeals for the Third, Eighth Eleventh and District of Columbia Circuits, and the United States District Courts for the Southern and Middle Districts of Florida, the District of Colorado, the Northern District of Illinois, the Western District of Michigan, the United States Court of Federal Claims and the United States Tax Court. Mr. Ittleman has also represented clients pro hac vice in the District of Columbia, the Central and Northern Districts of California, and the District of New Jersey. Mr. Ittleman has been certified as an Anti Money Laundering Specialist by the Association of Certified Anti-Money Laundering Specialists, and is a member of the National Money Transmitters Association and the National Association of Criminal Defense Lawyers. Mr. Ittleman is also a member of the Advisory Board of the International Money Transfer Conferences, and the Medical Devices Committee of the Food and Drug Law Institute (FDLI).

Credentials

Education

  • University of Miami School of Law Coral Gables, Florida J.D.
  • Emory University, Atlanta, Georgia, B.A .

Admitted

  • United States Supreme Court
  • Florida
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States District Court for the Southern District of Florida
  • United States District Court for the District of Colorado
  • United States Tax Court
  • United States Court of Federal Claims
  • United States District Court for the Northern District of Illinois

Memberships

  • Association of Certified Anti-Money Laundering Specialists
  • National Money Transmitters Association
  • National Association of Criminal Defense Lawyers

Publications

Speaking Engagements

  • Panelist, “Developing, Implementing, and Maintaining AML, Terror Finance and Fraud Deterrence Programs That Will Provide a Competitive Advantage and Pass Muster in Today’s Enforcement Environment, Without Negatively Impacting the Customer/User Experience,” ACI’s National Forum on Emerging Payment Systems, Washington, DC, September 15-16, 2016
  • Panelist, “The Evolving Federal Regulatory and Enforcement Paradigm:  Practical Guidance and Best Practices for Complying with New Mandates from the Key Federal Agencies Overseeing Emerging Payment Systems,” ACI’s National Forum on Emerging Payment Systems, San Francisco, California, July 28-29, 2016
  • Speaker, “Regenerative Medicine: Understanding the Regulatory Landscape,” Life Science Training Institute, Webinar, July 21, 2016
  • Speaker, “United States Regulation of Money Transmitting Businesses,” International Money Transfer Conference, Havana, Cuba, June 27, 2016
  • Speaker, “Maintaining a Compliant Medical Tourism Practice in a Shifting Regulatory Environment,” Regenera Global: International Conference Redefining Regenerative Medicine, Freeport, Bahamas, June 23-25, 2016
  • Speaker, “FDA Regulation of Regenerative Medicine: Risks and Opportunities in a Shifting Regulatory Environment,” FDANews Webinar, June 9, 2016
  • Speaker, “International Regulation of Regenerative Medicine” and “FDA Regulation of Human Cells, Tissues, and Cellular and Tissue-based products (HCT/Ps),” A4M Metabolic Medical Institute, Hollywood, Florida, May 19-21, 2016
  • Host, Moderator, Presenter: MTBIT: Remittances & Blockchains, International Money Transfer Conference, Las Vegas, Nevada, March 14, 2016
  • Panelist, “Park Doctrine, Individual Liability, and the Yates Memo,” FDLI Enforcement Conference, Washington, DC, December 10, 2015
  • Speaker, “How US Law Regulates Non-US Bitcoin Companies,” Latin American Bitcoin Conference, Mexico City, Mexico, December 4, 2015
  • Panelist, “An Examination of Virtual Currency as a Decentralized Product and as an Alternative Method to Traditional Banking,” ACI’s Advanced Legal, Regulatory, and Compliance Forum on Cross Border & Global Payments and Technologies, New York, NY, November 19-20, 2015
  • Host, Moderator, Presenter: MTBIT: Remittances & Blockchains, International Money Transfer Conference, Miami, Florida, November 9, 2015
  • Presenter, “Banking Marijuana Related Businesses,” 11th Annual Anti-Money Laundering, Compliance and Financial Crime Conference, Grand Cayman, Cayman Islands, October 8-9, 2015
  • Presenter, “A Survey of FDA’s Regulation of HCT/Ps,” Alliance for the Advancement of Cellular Therapies, Chicago, IL, September 18, 2015
  • Presenter, “Banking Marijuana-Related Companies,” KAW Management Services Ltd., 7th Annual AML/CFT, Anti-Fraud and Financial Crimes Conference, St. John’s, Antigua, July 14, 2015
  • Presenter, “FDA Regulation of Autologous Stem Cell Procedures,” Age Management Medicine Group, Orlando, Florida, April 23, 2015
  • Event Chair and Moderator,  “Risks and Opportunities in the Budding Marijuana Industry,” Greater Miami Jewish Federation, Miami, Florida, April 21, 2015
  • Presenter, “Personal Liability & Penalties for Export Violations,” Export Compliance Training Institute, Webinar, March 5, 2015
  • Panelist, “Regulatory Panel,” The Fourth North American Bitcoin Conference, Miami, FL, January 17, 2015
  • Presenter, “FDA Regulation of HCT/Ps from Adipose Tissue,” American Academy of Cosmetic Surgery, New Orleans, LA, January 15, 2015
  • Panelist, “Money Transmission and Remittances,” Latin American Bitcoin Conference, Rio de Janeiro, Brazil, December 7, 2014
  • Presenter, “How United States Law Affects Non-U.S. Financial Institutions,” Latin American Bitcoin Conference, Rio de Janeiro, Brazil, December 6, 2014
  • Presenter, “Banking Marijuana-Related Companies,” ACAMS & ACFE South Florida Chapter 2014 AML/Fraud Conference, Miami, Florida, November 7, 2014
  • Presenter, “Understanding Virtual Currencies,” IMTC World, Miami, Florida, October 7, 2014
  • Host, Moderator, Presenter: “Virtual Currencies & Alternative Payments Certification Course,” IMTC World, Miami, Florida, October 6, 2014
  • Panelist, “Bitcoin: Where Is It Going and What Should You and Your Clients Know,” Greater Miami Jewish Federation, Fall Seminar, Miami, Florida, September 19, 2014
  • Host, Moderator, Presenter, “Bitcoin Workshop,” IMTC USA, San Diego, CA, June 25, 2014
  • Panelist, “Understanding Mt. Gox,” Texas Bitcoin Conference, Austin, TX, March 5, 2014
  • Panelist, “Bitcoin and Regulation,” Texas Bitcoin Conference, Austin, TX, March 6, 2014
  • Presenter, “United States Regulation of Autologous Stem Cell Procedures,” Stemso, Freeport, Bahamas, February 20, 2014
  • Presenter, “United States Regulation of Autologous Stem Cell Procedures,” New York Stem Cell Summit, New York, NY, February 18, 2014
  • Presenter, “The Lay of the Land for Money Services Businesses,” National Money Transmitters Association, Industry Symposium for Legislative Action, Washington, DC, February 18, 2014
  • Panelist, “Shades of Gray: Collateral Consequences of Risky Promotional Activities: False Claims Act,” Food and Drug Law Institute (FDLI) Advertising & Promotion Conference, Washington, D.C., September 17, 2013
  • Presenter, “The Importance of Management in the Casino AML Infrastructure,” Florida Department of Business and Professional Regulation Anti-Money Laundering Conference, University of Miami, Coral Gables, FL, August 23, 2013
  • Panelist, “Are Regulations Keeping Pace with Payment Technologies and the Market?,” International Money Transfer Conference (Los Angeles), April 4, 2013
  • Panelist, “Are Stem Cells Drugs?,” New York Stem Cell Summit, New York, New York, February 18, 2013
  • Panelist, “Ethical Patient Recruitment and Marketing,” STEMSO International Stem Cell Society, Fort Lauderdale, Florida, February 6-8, 2013
  • Presenter, “FDA’s Regulation of Autologous Stem Cell Procedures,” STEMSO International Stem Cell Society, Fort Lauderdale, Florida, February 6-8, 2013
  • Presenter, “Purchasing Injectables: A Risk Analysis,” American Academy of Cosmetic Surgery, Annual Scientific Meeting (Las Vegas, Nevada), January 17, 2013; discussed in “Savings vs. Safety,” MedEsthetics Magazine, March/April 2013
  • Presenter, “Physicians’ Use of Autologous Stem Cell Procedures,” American Academy of Cosmetic Surgery, Annual Scientific Meeting (Las Vegas, Nevada), January 16, 2013
  • Presenter, “Autologous Stem Cell Procedures: Resolving the Disconnect between FDA and Medical Practitioners,” The Food & Drug Law Institute (FDLI), Washington, D.C., November 29, 2012
  • Panel Member: Autologous Stem Cell Therapies are Not Drugs: Houston Stem Cell Summit, October 27, 2012
  • Panel Member: A Federal Money Transmitting License: International Money Transfer Conference (Miami), October 25, 2012
  • Presenter, “How United States Law Affects Non-U.S. Financial Institutions,” International Money Transmitters Conference (Los Angeles), May 30 – June 1, 2012
  • Presenter, “Regulation of a Physician’s Use of Adipose Stem Cells,” Ninth Annual Symposium on Adipose Stem Cells and Clinical Applications of Adipose Tissue, International Federation for Adipose Therapeutics and Science (IFATS), November 4-6, 2011
  • Presenter, “The Evolving Definition of Money Transmitting Business,” International Money Transmitters Conference (Los Angeles), April 13-15, 2011
  • Presenter, “How United States Law Affects Non-U.S. Financial Institutions,” International Money Transmitters Conference (Miami), October 17-19, 2010
  • Presenter, “The Defenders Tale: War Stories from the Field,” International Money Transmitters Conference (Miami), October 4-6, 2009 (available here)
  • Panel Member, “Legal Issues Impacting MSBs: Recent Developments,” International Money Transmitters Conference (Miami), September 22-23, 2008
  • Panel Member, “Ask the Experts: Money Transmitters and Money Laundering Prosecutions,” International Money Transmitters Conference (Miami), November 3-5, 2007
  • Presenter, “Money Laundering, Security and Business: What are the Implications,” Spain – United States Chamber of Commerce, June 28, 2007

Publications

  • The Money Services Banking Crisis: A Complex Solution for a Simple Problem,” Daily Business Review, June 20, 2016
  • DOJ Changing of the Guard Could Impact Corporate Compliance,” Daily Business Review, March 29, 2016
  • Practical Applications of the Yates Memorandum for the U.S. Food Industry,” Food and Drug Law Institute Update Magazine, January/February 2016
  • What FinCEN’s Geographic Targeting Order Means,” Daily Business Review, May 8, 2015
  • FDA and Autologous Medicine,”   MedEsthetics Magazine, May/June, 2015
  • Federal Marijuana Regulation: Why is Flexibility Critical in the Dawn of Legalization?,” Food and Drug Law Institute Policy Forum, Vol. 4, Issue, 12, December 19, 2014
  • Co-authored, “When the World Innovates But the Law Stands Still”, South Florida Legal Guide, Mid Year 2014.
  • Co-authored, Bitcoin Taxation: Understanding IRS Notice 2014-21,” Bitcoin Magazine, April 4, 2014
  • Co-authored, Marijuana Taxation Update: IRC § 280E — An Albatross For the Marijuana Industry,” Law360.com, March 19, 2014
  • Co-Author of Need for Regulatory Harmonization: How FDA and FTC’s Shared Jurisdiction Poses Problems for Labeling & Advertising Compliance, FCN Committee Newsletter (A.B.A. Section of Science & Technology Law: Food, Cosmetics and Nutraceuticals), Winter 2014, at 2, 8-11.
  • “Hurdles in Accessing Banking Services,” South Florida Legal Guide, 2013 Financial Edition
  • Co-authored, “Chapter XII – FDA Enforcement Actions: Potential Consequences of Non-Compliance” in FDLI Primer FDA’s Regulation of Veterinary Drug Products, (2013).
  • Featured in, “Savings vs. Safety: The FDA is cracking down on physicians who purchase injectables from non-U.S. suppliers,” MedEsthetics Magazine, March-April, 2013
  • FDLI: Food and Drug Policy Forum: Enforcement Discretion: How Can FDA More Reasonably Regulate Autologous Stem Cell Procedures, Vol.2, Issue 24, December 26, 2012
  • Inside the Minds: Recent Developments in Food and Drug Law: Leading Lawyers on Dealing with Increased Enforcement, Keeping Up-to-Date with FDA Requirements, and Developing Compliance Practices, 2013 Edition: “The FDA’s Regulation of Autologous Stem Cell Therapies”
  • Forbes.com: “Cash Is King,” March 18, 2008

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