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   2017 Clay Awards

Super Lawyers

Raphael M. Goldman

Partner Raphael (“Raphe”) Goldman earned the 2017 California Lawyer of the Year award for “extraordinary achievement in white collar criminal defense,” and is recognized as a Northern California Super Lawyer. Known throughout the Bay Area as a gifted and passionate advocate, Raphe has won numerous court cases at both the trial and appellate level, helped many clients avoid prosecution in the first place, and successfully represented Rule 16 officers and other business executives in investigations of alleged wrongdoing, fraud and corruption.

Defending Clients Against The Government’s Allegations

Raphe has a diverse practice in both the federal and California state courts and has defended clients against some of the Bay Area’s highest-profile prosecutions. He is a seasoned litigator, with experience defending cases involving alleged trade secrets theft, bribery, insider trading, securities fraud, mail and wire fraud, medical and insurance fraud, antitrust violations, homicide, sexual misconduct, obstruction of justice, robbery, arson, drug sales, assault, driving under the influence, and more.

One of Raphe’s focuses is legal advocacy—he specializes in writing and arguing successful legal motions. Raphe’s motions have earned dismissals of cases in both state and federal court, including drug conspiracy, political corruption, medical marijuana, and sexual assault cases. Often, even when an outright dismissal is not obtainable, Raphe’s legal arguments serve to narrow or reduce the prosecution’s case against ACHG’s clients, thereby encouraging favorable settlements or improving the prospects for a good result at trial or sentencing.

Raphe was co-lead counsel in the firm’s five-year representation of FedEx Corporation and two of its subsidiaries in United States v. FedEx Corp. et al, No. 14-cr-380 (CRB) (N.D. Cal.). Raphe crafted a motion that resulted in the pretrial dismissal of many of the charges against two of the defendants. He developed defense theories, led witness investigations and preparations, and co-authored the lengthy opening statement that resulted in the United States Attorney’s Office dismissing the entire eighteen-count indictment after a week of trial. At the conclusion of the case, the trial judge expressly found that, based upon the evidence adduced at trial, FedEx was “factually innocent” of the charged crimes.  After the victory, Raphe and his co-counsel were honored with the 2017 California Lawyer of the Year award.

Raphe also served along with Ted Cassman as co-lead counsel in their successful representation of Liang Chen in the trial of United States v. Liang Chen, et al., N.D. Cal. No. 17-cr-603 (BLF). Dr. Chen and three other men were charged federal court with conspiring to steal trade secrets from a large Silicon Valley corporation. After a month-long jury trial in the summer of 2021, the court entered a judgment of acquittal on all counts against Dr. Chen.

Representing Clients After Conviction

Raphe has an active and successful appellate and post-conviction practice. He litigates direct appeals and collateral challenges to convictions (such as petitions for a writ of habeas corpus) in all levels of the federal and state court systems. While clerking for United States District Court Judge William W Schwarzer—who sat on appellate panels in federal courts around the country—Raphe learned by experience the types of arguments judges find convincing, and he puts that knowledge to use in advocating for his clients.

One of Raphe’s most notable appellate successes was the reversal of a client’s conviction that had resulted in a prison sentence of 150 years to life. After Raphe’s victory, the client was released from prison.  See People v. McDaniel, 38 Cal. App. 5th 986 (2019).

Representing Other Clients Impacted By Investigations

Raphe is experienced in representing witnesses from whom testimony is sought in criminal and civil investigations.  For example, Raphe represented a number of witnesses in connection with the grand jury investigations and trials of Theranos, Inc., Elizabeth Holmes and Ramesh “Sunny” Balwani.

Raphe and ACHG also understand the process of conducting internal investigations of businesses facing allegations of potential wrongdoing by executives or employees.

Raphe’s Background

Raphe grew up in Tucson, Arizona and attended Oberlin College in Ohio. He graduated in 2003 from the University of Michigan with both a J.D. and a Masters of Public Policy, having received an Order of the Coif and served as an Associate Editor on the Michigan Law Review. After law school, Raphe clerked for Judge Schwarzer and then worked for the law firm of Topel & Goodman in San Francisco. Raphe served for a number of years as the co-editor for the Forum, the quarterly periodical of California Attorneys for Criminal Justice, the nation’s largest statewide organization of criminal defense lawyers and allied professionals.

Representative Cases

  • Raphe was co-lead counsel in the firm’s five-year representation of FedEx Corporation and two of its subsidiaries in United States v. FedEx Corp. et al, No. 14-cr-380 (CRB) (N.D. Cal.). Raphe crafted a motion that resulted in the pretrial dismissal of many of the charges against two of the defendants. He developed the defense theories, led witness investigations and preparations, and co-authored the lengthy opening statement that resulted in the United States Attorney’s Office dismissing the entire eighteen-count indictment after a week of trial. At the conclusion of the case, the trial judge expressly found that, based upon the evidence adduced at trial, FedEx was “factually innocent” of the charged crimes.
  • Raphe served as co-lead counsel and successfully represented Liang Chen in the trial of United States v. Liang Chen, et al., N.D. Cal. No. 17-cr-603 (BLF). Dr. Chen and three other men were charged federal court with conspiring to steal trade secrets from a large Silicon Valley corporation. After a month-long jury trial in the summer of 2021, the court entered a judgment of acquittal on all counts against Dr. Chen.
  • In 2009, a client charged with first-degree murder in San Francisco hired ACHG to defend him. In 2013, the court found the client not guilty by reason of insanity and he was committed to the state mental hospital. In 2024, after the client had undertaken more than a decade of psychiatric treatment, Raphe successfully represented the client in a new trial; a San Francisco Superior Court judge determined that the client had recovered his sanity and ordered him released from the jurisdiction of the state mental hospital.
  • In People v. McDaniel, Raphe represented on appeal a defendant who had been convicted of nine commercial robberies and sentenced to serve 150 years to life in prison. Raphe convinced the California Court of Appeal for the Fifth Appellate District to overturn Mr. McDaniel’s conviction.  SeePeople v. McDaniel, 38 Cal. App. 5th 986 (2019). The client was subsequently released from prison.
  • In People v. A Medical Doctor, ACHG’s client was charged with felony insurance fraud in the Marin County Superior Court. After Raphe and Ted Cassman made a presentation to the District Attorney’s Office demonstrating that the client was not guilty of the alleged offenses, the prosecution agreed to dismiss the charges.
  • In a recent case in Santa Clara County, Raphe’s client had been convicted of numerous serious felonies relating to drug trafficking and sentenced to over 48 years in prison. The client then hired Raphe, who filed a successful petition for a writ of habeas corpus pursuant to which the court overturned one of the client’s convictions and vacated the client’s sentence. Raphe then represented the client in a resentencing proceeding in which he received a significantly reduced sentence.
  • In a federal prosecution of a Silicon Valley executive potentially facing more than ten years imprisonment, Raphe persuaded the judge—over the objection of the prosecution—to issue a sentence of just twelve months and one day in prison.
  • Raphe represented a public defender accused of witness tampering in the Solano County Superior Court. After litigating the preliminary examination, Raphe filed a motion that convinced the trial court to dismiss all of the charges. After appeals and further litigation, the case was eventually dismissed.
  • When a senior-living facility in Vallejo suffered a tragic and deadly fire, Raphe and ACHG defended the owner of the facility against charges of manslaughter and elder abuse. After almost two years of litigation, the prosecution dropped all charges against the owner.
  • Raphe has represented witnesses in high-profile criminal and civil investigations, including the investigations of Theranos, Inc., Elizabeth Holmes and Ramesh “Sunny” Balwani.
  • Raphe has represented numerous companies, entities and individuals in connection with federal and state criminal investigations that resulted in the ultimate success: no charges were filed and the investigations remain non-public.
  • Raphe is experienced in conducting internal investigations of businesses facing allegations of potential wrongdoing by executives or employees.

Honors and Awards

  • 2017 California Lawyer of the Year (“CLAY”) award
  • Northern California Super Lawyer since 2018; Super Lawyers Rising Star 2009 – 2016

Bar Admissions

  • California State Bar
  • United States District Courts: Northern District of California, Southern District of California, Central District of California, Eastern District of California, and Southern District of New York
  • United States Court of Appeals: Second Circuit, Fifth Circuit, and Ninth Circuit
  • United States Supreme Court
ARGUEDAS, CASSMAN & HEADLEY, LLP