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Alan Silber

Of Counsel

Overview

Alan Silber has litigated cases in numerous federal and state courts across the United States. He has tried a variety of major white-collar cases involving RICO, bank, securities, telemarketing, health care, and wire and mail fraud. He has defended clients in money laundering cases of significant size and scope, kidnapping (representing a police officer), and murder. Alan is also experienced as counsel for claimants in civil and criminal forfeiture actions.  He concentrates his practice on federal and state complex criminal litigation, as well as representing lawyers in disciplinary cases. Alan has appeared in complex civil litigation in state and federal courts as diverse as the Northern and Central Districts of California, the Northern and Southern Districts of Florida, Western and Eastern Districts of Virginia and the District of Hawaii.

Alan is a member of the State bars in New Jersey, New York, California, and Virginia, and is a New Jersey Certified Criminal Trial Attorney, a status granted by the Supreme Court of New Jersey’s Board on Trial Attorney Certification. Fewer than three percent of New Jersey attorneys achieve this certification. In addition, Alan is admitted to practice in nine United States District Courts and has litigated pro hac vice in more than a dozen other federal District Courts. An experienced appellate advocate, Alan has appeared and litigated cases in the United States Supreme Court, five United States Courts of Appeals, the state appellate courts of New York and New Jersey, and in the Supreme Court of Oregon.

Outside of the courtroom, Alan has earned a reputation as a lecturer and author and as a drug law reformer for his work through a multitude of criminal defense bar associations. He is a member of the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL), having been elected in 2016.  He previously served on that Board from 2001 to 2006, and was on its Executive Committee as well as the Nominating Committee.  He is currently a Third Circuit co-chair of the Lawyers’ Assistance Committee (Strike Force representing other NACDL lawyers) and Third Circuit Co Chair for the NACDL Amicus Committee. He is a member of the White Collar Committee.  Alan previously served as Chairman of the Drug Law Reform Committee, and of Electronic Discovery Committee.

Alan was a founding member of the Association of Criminal Defense Lawyers of New Jersey and served as its eighth president. He was also a founding member of the board of directors of the New York State Association of Criminal Defense Lawyers, and is a Fellow of the American Board of Criminal Trial Attorneys. In 1995, he was appointed as the State Bar representative on the Legislature’s Sentencing Policy Study Commission.

When he lived in Virginia from 2002 to 2005, Alan was the Fourth Circuit Coordinator for the Lawyers Assistance Committee and the Fourth Circuit Vice-Chair of the Amicus Committee of NACDL.

Alan has appeared as a speaker in criminal defense seminars across the country and internationally, including Virginia, New Jersey, New York, Florida, Louisiana, Washington, D.C., Oregon, Colorado and England. His articles have appeared in The Champion (magazine of NACDL), Rutgers Law Review, The New Jersey Law Journal and The Vindicator (magazine of Ohio Association of Criminal Defense Lawyers). He has lectured in New Jersey on forfeiture and across the country on ethics and trial strategy.

Alan has received recognition from a number of New Jersey and national organizations for his advocacy. In 2011, he received the Al Horn Award at the NORML Legal Seminar. The award is presented annually to one lawyer “in recognition and appreciation of a lifetime of ceaseless work to advance the cause of justice and for extraordinary support for NORML.”

Alan is a graduate of Duke University (and writes a blog on Duke basketball) and Columbia School of Law.

Publications

  • “A Creative Approach For Obtaining Documentary Evidence From Third Parties, Which Are Necessary To The Preparation of the Defense”, The Champion (to be published in June 2017)
  • “Maximizing Your Chance of Keeping the Fee Without Violating the Ethical Rules”; “The War on Drugs is Destroying an Independent Defense Bar,” The Champion (March 1991)
  • “Resisting Pressures To Become An Informant,” Drug Law Reporter, July – August, 1984 (Vol. 1, No. 10)
  • “Obscenity: Should It Be Protected Free Speech?,” 89 New Jersey Law Journal 193 (1966)
  • “Supreme Court And Obscenity-Restrictions On First Amendment Freedoms Through Loss Of Predictability,” 21 Rutgers L. Rev. 56 (1966)

Professional/Civic Activities

  • American Bar Association (Criminal Law Section Ad Hoc Drug Policy Committee, 1990)
  • Sentencing Policy Study Commission (State Bar Representative to Legislatively Created Commission Mandated To Recommend Sentence Reforms, 1993-1994)
  • Association of Criminal Defense Lawyers of New Jersey (Trustee and a Founding Member; President, 1992-1993; President-Elect, 1991-1992; Vice President, 1988-1991; Secretary-Treasurer, 1987-1988; Chairman, Program Committee, 1985-1987; Chairman, Lawyers Assistance Committee, 1985-1998; 2000; Member, Long Range Planning Committee; ACDL Representative to Warden’s Metropolitan Correctional Center Oversight Committee, 1985-1988)
  • National Association of Criminal Defense Lawyers (Board of Directors, 2016 to 2019; 2001-2007; Executive Committee 2004-2005; Drug Policy Committee, Chairman, 1990-1992; 2000-2007; Nominating Committee, 1990, 1998; Amicus Committee, Vice-Chair, Third Circuit, Fourth Circuit 2002-2005; Lawyers Assistance Committee, Third Circuit Coordinator; Fourth Circuit Coordinator, 2002-2005; White Collar Committee)
  • New York State Association of Criminal Defense Lawyers (Board of Directors, 1989-; Charter Member; Member, Long Range Planning Committee)
  • American Board of Criminal Lawyers (Fellow)

Bar/Court Admissions

  • New Jersey
  • California
  • New York
  • Virginia
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second, Third, Fourth, Sixth and Ninth Circuits
  • U.S. District Court for the District of New Jersey, Southern, Eastern and Northern Districts of New York
  • U.S. District Court for the Northern and Central Districts of California
  • U.S. District Court for the Eastern and Western Districts of Virginia
  • U.S. District Court for District of Hawaii

Education

  • LL.B., Columbia University School of Law, 1965
  • B.A., Duke University, 1960

Accolades

  • Included in New Jersey Monthly magazine’s Super Lawyers, Super Lawyers list for 2007 – 2013 and 2017, recognition for White Collar Criminal Defense
  • Selected for Best Lawyers lists, 2010-13 and 2017 recognition for White Collar and Non-White Collar Criminal Defense
  • Included in Martindale Hubbell AV Preeminent Peer Rating list
  • Selected for the Who’s Who in American Law list, 1997-present
  • Al Horn Award, 2011, presented by NORML
  • 997-present
  • Al Horn Award, 2011, presented by NORML

The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

The Best Lawyers list is issued by Woodward/White, Inc. A description of the selection methodology can be found at https://www.bestlawyers.com/About/MethodologyBasic.aspx.

The Who’s Who in American Law list is published by Marquis Who’s Who. A description of the selection methodology can be found at http://www.marquiswhoswho.com/listees/listees-faq.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.