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Bart returned to private practice in 1992. Since that time he has
been active in white collar, health care, securities, environmental
and business litigation. He has successfully defended numerous white
collar prosecutions including health care fraud, environmental crimes,
customs and securities violations. Bart recently obtained a Not
Guilty verdict in a federal anti-trust case alleging widespread
price fixing and restraint of trade in the textile industry.
Bart prosecuted the State's first criminal environmental
case4 and has been active in the prosecution and
defense of such cases on both the federal and state
levels5. He has spoken before the American Bar Association,
as well as at numerous conferences and seminars on white collar,
health care, securities and environmental crimes.
Bart has served as Special Counsel to the Governor, conducting an internal investigation into allegations of public corruption and influence peddling in state government. He also served as Lead Counsel for the S.C. House of Representatives before a Three-Judge Federal Panel in the trial involving reapportionment and the drawing of district lines. Bart also was appointed Special Counsel by the South Carolina Secretary of State to handle a complex security fraud matter with national implications.
Bart has been involved in several substantial Qui Tam or "whistleblower" cases in U.S. District Court for the District of South Carolina.
EDUCATIONAL BACKGROUND
Bart received his B.S. Degree in Business Administration from the Citadel in 1977 and his J.D. Degree from the University of South Carolina in 1980.
1. E. Bart Daniel was appointed by President George Bush on May 1, 1989 and confirmed by U.S. Senate on July 2, 1989. The District of South Carolina encompasses the entire State, serving a population of some four million in an area of approximately 30,000 square miles. The State has 46 counties and several metropolitan areas within its borders. The District employs approximately 50 Assistant U.S. Attorneys along with 120 support personnel.
While U.S. Attorney, Bart doubled the number of Federal Grand Juries by initiating Grand Juries in Charleston and Greenville. At the conclusion of its regular review of the U.S. Attorney's Office for the District of South Carolina, the Department of Justice auditors concluded as follows: "Mr. Daniel is universally admired for his aggressive law enforcement efforts and as a litigator of exceptional ability. Every person interviewed on the subject of Mr. Daniel, (judges, agents, prosecutors and private attorneys), and his operation of the U.S. Attorney's Office, was highly complementary of his efforts."
Bart was appointed by the Attorney General to a three-year term on the Attorney General's Advisory Committee where he was active in formulating national policy involving issues ranging from environmental and securities prosecution to Qui Tam and other relator procedures.
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2. While Assistant State Attorney General, Bart prosecuted and tried numerous white collar and financial crime cases. Bart was active in the prosecution of procurement fraud, embezzlement, public corruption, and tax evasion cases.
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3. While Assistant U.S. Attorney, Bart prosecuted some of the District's most substantial high profile cases. He received numerous awards from federal and state law enforcement agencies including the Federal Bureau of Investigation (FBI), the State Law Enforcement Division (SLED), the Internal Revenue Service (IRS), and U.S. Customs. Bart was regularly invited to speak to agents and prosecutors across the country. He also lectured at numerous conferences sponsored by the Department of Justice.
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4. United States v. R-M Industries, Inc.. R-M Industries, a specialty chemical company located near York, South Carolina, pled guilty in November 1989 to two violations of the Clean Water Act. A bypass pipe had been installed to circumvent the waste water treatment process and dumped the waste water directly into the Catawba River. A federal judge imposed a sentence that included payment of a $50,000.00 fine and two years probation. This was the first criminal environmental prosecution in South Carolina.
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5. United States v. Irby was the first criminal environmental case to go to trial in either U.S. District Court or South Carolina Circuit Court. Bart investigated and tried this case with then Assistant United States Attorney Clarence Davis, in July 1990. After a lengthy trial, a federal jury in Greenville convicted the former plant manager for The Lower Reedy Wastewater Treatment Plant of six violations of the Clean Water Act. The trial judge sentenced Irby to 36 months in the federal penitentiary without parole. This was one the first cases in the Southeastern United States where an active jail sentence was imposed in an environmental prosecution.
Daniel personally participated in the prosecution of numerous other environmental crimes. While in private practice, he has successfully defended many federal and state prosecutions with the primary goal always being the avoidance of potentially devastating federal or state Indictments.
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