James E. Felman
100 S. Ashley Drive, Suite 1300
Tampa, Florida 33602
Phone: (813) 229-1118
Fax: (813) 221-6750
jfelman@kmf-law.com
James E. Felman's Biography 
LEGAL AND GRADUATE EDUCATION:
Duke University School of Law, J.D. with high honors, May, 1987
Order of the Coif
Administrative Editor, Journal of Law & Contemporary Problems
First place team member, Craven Cup National Moot Court Competition
First year moot court competition, second place
Book awards in Criminal Law, Antitrust, and Legal Ethics
Duke University Graduate School, M.A. in Philosophy, May, 1987
UNDERGRADUATE EDUCATION:
Wake Forest University, B.A. cum laude, May, 1984
Dean's List
Honors in history
AWARDS AND HONORS:
AV Rating by Martindale-Hubbell since 1996
Named 2012 "Lawyer of the Year" by BEST LAWYERS for Non-White-Collar Criminal Defense, Tampa
Named 2011 "Lawyer of the Year" by BEST LAWYERS for White-Collar Criminal Defense, Tampa
Listed in THE BEST LAWYERS IN AMERICA, Criminal Defense, 2001-present, and Appellate Law, 2005-present
Listed in FLORIDA SUPER LAWYERS, Criminal Defense: White Collar practice
Listed in FLORIDA TREND'S FLORIDA LEGAL ELITE, Criminal Defense, 2007-present
Listed in CORPORATE COUNSEL as a Top Lawyer for Criminal Defense
Listed in BAR REGISTER OF PREEMINENT LAWYERS
Recipient of 2011 American Bar Association Grassroots Advocacy Award for his role as the ABA Criminal Justice Section Sentencing Committee co-chair where he has testified numerous times before Congress in support of the decision to reduce the 100-to-1 disparity between crack and powder cocaine sentences through the Fair Sentencing Act of 2010. The award is given as part of the ABA's annual effort to connect policymakers with constituents in the legal profession.
Recipient of 2006 George C. Carr Memorial Award for excellence in federal practice and distinguished service to the Federal Bar National Association of Criminal Defense Lawyers President's Commendation Certificate, 2005
Recipient of 2010 Marcelino "Bubba" Huerta Award for pro bono service and the pursuit of equal justice awarded by the Hillsborough County Bar Association Criminal Law Section
PROFESSIONAL EXPERIENCE:
Kynes, Markman & Felman, P.A., Tampa, Florida, Partner, 1991-present
Stetson University College of Law, St. Petersburg, Florida,
Adjunct Professor (Federal Criminal Law Seminar), 1990-1993
Winkles, Trombley, Kynes, & Markman, P.A., Tampa, Florida, Associate, 1989-1991
The Honorable Theodore McMillian, U.S. 8th Circuit Court of Appeals,
St. Louis, Missouri, Judicial Law Clerk, 1988
Bondurant, Mixon & Elmore, Atlanta, Georgia, Associate, Fall, 1987
Sullivan & Cromwell, New York, New York, Summer Associate, Summer, 1987
BAR ADMISSIONS:
Florida, 1988
United States District Court, Middle, Northern and Southern Districts of Florida
United States Court of Appeals, Second, Fourth, Fifth and Eleventh Circuits
United States Supreme Court
PROFESSIONAL ACTIVITIES, ASSOCIATIONS, AND ORGANIZATIONS:
Member, The Fellows of the American Bar Foundation, 2008-present
Member, American Bar Association Criminal Justice Section Council, 2008-present
American Bar Association Criminal Justice Section's Representative to the American Law Institute Model Penal Code Revision Sentencing Project, 2010-present
American Bar Association's Liaison to the United States Sentencing Commission, 2010-present
Co-Chair, Sentencing Committee of the Criminal Justice Section of the American Bar Association, 2006-present
Member, The American Law Institute, 2009-present
Program Organizer and Moderator, Annual National Seminal on the Federal Sentencing Guidelines, 1994-2008 (This program was a joint project of the Tampa Bay Chapter of the Federal Bar Association and the United States Sentencing Commission .)
Co-Chair, Corrections and Sentencing Committee of the Criminal Justice Section of the American Bar Association, 2004-2005
Co-Chair, Practitioners' Advisory Group to the United States Sentencing Commission, 1998-2002 (member, 1994-2009)
Member, American Bar Association Task Force on Blakely v. Washington, 2004-2006
Member, The Sentencing Initiative of The Constitution Project, 2004-2006
Member, District of Columbia Federal Bar Association Task Force on Blakely v. Washington, 2004-2006
President, Tampa Bay Chapter of the Federal Bar Association, 2001 (Board member, 1995-present)
President, Trial Lawyers Section of the Hillsborough County Bar Association, 2001 (Executive Committee member, 1996-2000)
Chair, Criminal Law Section of the Hillsborough County Bar Association, 1999
Chair, Grievance Committee 13A of the Florida Bar, 1994-1995
Advisory Board, The Bureau of National Affairs' Criminal Law Reporter, 2010-present
Advisory Board, The NACDL Champion Magazine, 1996-present
Executive Committee, Hillsborough Association of Criminal Defense Attorneys, 1995-2005
Master, Herbert G. Goldburg Criminal Law Inn of Court, 2002-present
PUBLICATIONS/ARTICLES:
Tough New Sentencing Guidelines on Health Care Fraud Need Revisiting, 89:9 Criminal Law Reporter (BNA) 323 (2011)
The Need to Reform the Federal Sentencing Guidelines for High-Loss Economic Crimes, 23:2 Fed. Sent. Rptr. 138 (2010)
The State of the Sentencing Union: A Call for Fundamental Reexamination, 20:5 Federal Sentencing Reporter 337 (2008)
The Fifth Amendment and the Grand Jury, 22:1 ABA Criminal Justice Magazine 4 (Spring 2007) (with Sara Sun Beale)
GRAND JURY LAW & PRACTICE, Second Edition (West Group) (with Sara Sun Beale, William Bryson, and Michael Elston) Supplemented annually since 1997
The Need for Procedural Reform in Federal Criminal Cases, 17:4 Federal Sentencing Reporter 261 (2005). Reprinted in The NACDL Champion, July, 2005
How Should the Congress Respond if the Supreme Court Strikes Down the Sentencing Guidelines? 17:2 Federal Sentencing Reporter 97 (2005)
The Consequences of Enlisting Federal Grand Juries in the War on Terrorism: Assessing the Patriot Act's Changes in Grand Jury Secrecy, 25 Harvard Journal of Law & Public Policy 699 (2002) (with Sara Sun Beale). Reprinted in 17:2 ABA Criminal Justice Magazine 42 (Summer 2002)
"Bailey v. United States: Court to decide when firearm is "used" in connection with drug trafficking offense," West's Legal News (Dec. 5, 1995) (online publication)
The Fundamental Incompatibility of Real Offense Sentencing Guidelines and the Federal Criminal Code, 7:3 Federal Sentencing Reporter 125 (1995). Reprinted in The NACDL Champion, May, 1996
Defense Strategies for Litigating Substantial Assistance Downward Departures, The NACDL Champion, July, 1994. Reprinted in 41:6 Federal Bar News & Journal 422 (July 1994)
MOORE'S FEDERAL PRACTICE, FEDERAL RULES OF CRIMINAL PROCEDURE, Chapters 10, 26.3, and 35 (1994) (with Robert Batey)
"Drug Testing and Public Employment: Toward a Rational Application of the Fourth Amendment" 50:1 LAW & CONTEMP. PROBS 253 (1988) (with Christopher Petrini)
PUBLIC TESTIMONY:
Testimony before the Subcommittee on Crime, Terrorism, and Homeland Security of the Judicial Committee of the United States House of Representatives on the Status of Federal Sentencing and the U.S. Sentencing Commission Six Years after U.S. v. Booker, October 12, 2011 (available at:
http://www.americanbar.org/content/dam/aba/uncategorized/2011/gao/2011oct12_booker_t.authcheckdam.pdf
Testimony before the United States Sentencing Commission regarding retroactivity of amendments implementing the Fair Sentencing Act of 2010, June 1, 2011 (available at: http://www.ussc.gov/Legislative_and_Public_Affairs/Public_Hearings_and_Meetings/20110601/Testimony_ABA_James_Felman.pdf)
Testimony before the United States Sentencing Commission regarding proposed amendments to the guidelines on economic crimes, February 16, 2011 (available at: http://www.ussc.gov/Legislative_and_Public_Affairs/Public_Hearings_and_Meetings/20110216/Testimony_ABA_%20Felman.pdf)
Testimony before the United States Sentencing Commission regarding Mandatory Minimums, May 27, 2010 (available at: http://ftp.ussc.gov/AGENDAS/20100527/Testimony_Felman_ABA.pdf)
Testimony before the United States Sentencing Commission regarding proposed amendments to guidelines governing alternatives to incarceration, March 17, 2010 (available at: http://ftp.ussc.gov/AGENDAS/20100317/Felman_ABA_testimony.pdf)
Testimony before the Subcommittee on Crime and Drugs, Committee on the Judiciary of the United States Senate on Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity, February 12, 2008
(available at: http://judiciary.senate.gov/hearings/testimony.cfm?renderforprint=1&id=3089&wit_id=6946)
Testimony before the Subcommittee on Crime, Terrorism, and Homeland Security of the Judiciary Committee of the United States House of Representatives on the Criminal Restitution Improvement Act of 2006, June 13, 2006
(available at: http://commdocs.house.gov/committees/judiciary/hju28198.000/hju28198_0.HTM)
Testimony before the Subcommittee on Crime, Terrorism, and Homeland Security of the Judiciary Committee of the United States House of Representatives regarding United States v. Booker: One Year Later - Chaos or Status Quo?, March 16, 2006
(available at: http://commdocs.house.gov/committees/judiciary/hju26647.000/hju26647_0f.htm)
Testimony before the United States Sentencing Commission regarding proposed amendments to guideline governing antitrust offenses, April 12, 2005
(available at: http://ftp.ussc.gov/hearings/04_12_05/Felman.pdf)
Testimony before the United States Sentencing Commission regarding potential legislative solutions to Blakely, November 16, 2004
(available at: http://ftp.ussc.gov/hearings/11_16_04/felman.pdf)
Testimony before the United States Sentencing Commission regarding proposed amendments to guideline governing public corruption offenses, March 17, 2004
(available at: http://www.ussc.gov/hearings/03_17_04/0317USSC.pdf)
Testimony before the United States Sentencing Commission regarding implementation of the PROTECT Act, August 19, 2003
(available at: http://www.ussc.gov/Legislative_and_Public_Affairs/Public_Hearings_and_Meetings/20030819-20/hearing_transcript.pdf)
Testimony before the United States Sentencing Commission regarding implementation of the Sarbanes-Oxley Act of 2002, March 25, 2003
(available at: http://ftp.ussc.gov/hearings/3_25_03/bossfelman_test.pdf)
Testimony before the United States Sentencing Commission regarding implementation of the Sarbanes-Oxley Act of 2002, November 19, 2002
(available at: http://www.ussc.gov/MINUTES/11-19-02.htm)
Testimony before the United States Sentencing Commission regarding proposed amendments to guidelines governing economic offenses, October 15, 1997
(available at: http://ftp.ussc.gov/hearings/JFELMAN.PDF)
PRESENTATIONS:
The National Association of Criminal Defense Lawyers, Seventh Annual White Collar Crime Conference, Sentencing: Getting Outside the Guidelines, September 22-23, 2011, New York, NY
The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Plea Bargaining, May 18-20, 2011, San Diego, CA
The Tampa Bay Chapter of the Federal Bar Association, The Federal Sentencing Guidelines Seminar, Update on Federal Sentencing Law: Supreme Court, Appellate and Legislation, May 4-6, 2011, Orlando, FL
The American Bar Association, Litigation Section and Criminal Justice Section, Joint Annual Conference, Things Civil Lawyers Should Know About Criminal Law, April 13-15, 2011, Miami Beach, FL
The Herbert Goldburg Criminal Inn of Court, Drawn & Quartered: The Roles of the Executive, Legislative, Judiciary, and Jury in Federal Sentencing and Ethical Considerations, April 11, 2011, Tampa, FL
The American Bar Association, Criminal Justice Section, White Collar Crime National Institute, The Sentencing Guidelines - How Advisory Are They?, March 2-4, 2011, San Diego, CA
The Eleventh Circuit Appellate Practice Institute, Institute of Continuing Legal Education in Georgia, Sentencing Appeals in the Eleventh Circuit, October 14-15, 2010, Atlanta, GA
The American Bar Association, Annual Meeting, Ethics & Professionalism in Criminal Appellate Practice, August 5-10, 2010, San Francisco, CA
The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Plea Bargaining, June 16-18, 2010, New Orleans, LA
The Tampa Bay Chapter of the Federal Bar Association, The Federal Sentencing Guidelines Seminar, Update on Federal Sentencing Law: Supreme Court, Appellate and Legislation, May 12-14, 2010, St. Petersburg, FL
The American Bar Association, Criminal Justice Section, White Collar Crime National Institute, Sentencing in White Collar Criminal Cases and Witness/Victim Rights, February 24-26, 2010, Miami, FL
The American Bar Association, Criminal Justice Section, Second Annual Sentencing Advocacy, Practice and Reform Institute, Update on Sentencing Law: Supreme Court, Appellate, Legislation, and What Re-entry Teaches Us About Alternatives, November 6, 2009, Washington, DC
The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Guideline Departures & Variances Outside the Range Under § 3553(a), June 10-12, 2009, New Orleans, LA
The Tampa Bay Chapter of the Federal Bar Association, The Federal Sentencing Guidelines Seminar, Winning Practical Strategies for Post-Booker Sentencing, May 21-22, 2009, Clearwater Beach, FL
Congress of the United States, Hourse of Representatives, House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, Crime Summit, Smart on Crime Policies: Increase Public Safety, Reduce Costs, and Improve Lives, Sentencing and Alternatives, March 3, 2009, Washington, DC
The American Bar Association, Criminal Justice Section, Sentencing Advocacy, Practice and Reform Institute, The Future of Federal Sentencing and The State of the Sentencing Union, October 24, 2008, Washington, DC
The U.S. Department of Justice, The National Advocacy Center, Sentencing Guidelines Seminar, The Defense Bar Panel, September 24-26, 2008, Columbia, SC
The American Bar Association, Criminal Justice Section, CyberLaw: Expanding the Horizons, Pornography, Sexual Predators, and the Internet, June 18-20, 2008, Washington, DC
The Tampa Bay Chapter of The Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Guideline Departures & Variances Outside the Range Under § 3553(a), May 21-23, 2008, Orlando, FL
The American Bar Association's White Collar Crime Committee and The Tampa Bay Chapter of The Federal Bar Association's White Collar Institute, Moderator, Sentencing Guidelines - Recent Developments, May 8, 2008, Tampa, FL
The U.S. Department of Justice, The National Advocacy Center, Sentencing Issues Seminar, The Defense Perspective, July 18-20, 2007, Columbia, SC
The Tampa Bay Chapter of The Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Chapter 3 Adjustments, May 23-25, 2007, Salt Lake City, UT
Guest Lecturer, University of Florida, College of Law, Drawn & Quartered: The Roles of the Executive, Legislative, Judiciary, and Jury in Federal Sentencing, April 19, 2007, Gainesville, FL
American Inns of Court, Gainesville Chapter, Drawn & Quartered: The Roles of the Executive, Legislative, Judiciary, and Jury in Federal Sentencing, September 28, 2006, Gainesville, FL
The Federal Bar Association, Annual Convention, Sentencing Issues, August 24-25, 2006, Las Vegas, NV
The Tampa Bay Chapter of the Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, One Year Later: A Review of Post-Booker Data and Case Law, May 31-June 2, 2006, Miami Beach, FL
The Hillsborough County Bar Association, Federal Criminal Litigation, Jury Selection, August 25, 2005, Tampa, FL
The Tampa Bay Chapter of the Federal Bar Association, Criminal Law Seminar, Outlook on Congressional and Sentencing Commission Responses to Booker/Fanfan, June 17, 2005, Tampa, FL
The Tampa Bay Chapter of the Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Recent Supreme Court Jurisprudence: Blakely, Booker, Fanfan & Their Aftermath, May 25-27, 2005, San Francisco, CA
The Federal Defenders, Criminal Justice Act Federal Practice Seminar, Ethics & Professionalism in Criminal Appellate Practice, January 28, 2005, Orlando, FL
The Hillsborough County Bar Association, Ethics & Professionalism in Criminal Appellate Practice, October 2004, Tampa, FL
The American Bar Association, Criminal Justice Section, White Collar Crime National Institute, March 4-5, 2004, Miami, FL
The U.S. Department of Justice, The National Advocacy Center, Sentencing Guidelines Seminar, The Defense Bar Panel, September 3-5, 2003, Columbia, SC
The Tampa Bay Chapter of the Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Corporate Crime: Implementing the Sarbanes-Oxley Act, May 28-30, 2003, Miami Beach, FL
Lorman Educational Services, Federal Civil Litigation, Problems in Civil Litigation When Parallel Criminal Proceedings are Ongoing or Threatened, December 11, 2002, Tampa, FL
Stetson University College of Law and the Tampa Bay Chapter of the Federal Bar Association, Federal Criminal Law Seminar, Supreme Court and Eleventh Circuit Update Panel, October 11, 2002, St. Petersburg, FL
The National Association of Sentencing Commissions Annual Conference, Sympathy for the Devil: Do the Federal Sentencing Guidelines Get Anything Right?, August 4-6, 2002, Williamsburg, VA
The Florida Bar, Appellate Certification Review, Federal Criminal Appeals, February 1, 2002, Fort Lauderdale, FL
The Northern and Middle Districts of Florida, Federal Sentencing Guidelines Seminar, Sentencing Preparation and Sentencing Hearing, October 10-11, 2001, Gainesville, FL
The Tampa Bay Chapter of the Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Defense Attorney Training Panel, May 16-18, 2001, Palm Springs, CA
The United States Sentencing Commission, Symposium on Federal Sentencing Policy for Economic Crimes and New Technology Offenses, October 12, 2000, Washington, DC
The Florida Bar, Environmental Crimes Workshop Seminar, Civil & Criminal Environmental Enforcement, August 17-19, 2000, Amelia Island, FL
The Florida Bar, Environmental Crimes Workshop Seminar, Responsible Corporate Officer and Organizational Sentencing Update, June 22, 2000, Boca Raton, FL
The Tampa Bay Chapter of the Federal Bar Association and The United States Sentencing Commission,
The Federal Sentencing Guidelines Seminar, Moderator, Meet the Sentencing Commission Panel, May 3-5, 2000, Clearwater Beach, FL
The American Bar Association, White Collar Crime Seminar, February 16, 2000, San Francisco, CA
The Tampa Bay Chapter of the Federal Bar Association, Federal Criminal Practice in the Middle District of Florida, September 30, 1999, Tampa, FL
The Hillsborough County Bar Association, Appellate Practice Section, Get it Right from Start to Finish, Writing Effective Briefs and Making the Most of Oral Argument, September 2, 1999, Tampa, FL
The Florida Bar, Environmental Crimes Workshop Seminar, Prosecution and Defense Perspectives on Environmental Crime Investigations, Prosecutions, and Parallel Proceedings, August 19-21, 1999, Amelia Island, FL
Lorman Educational Services, Federal Civil Litigation, Problems in Civil Litigation when Parallel Criminal Proceedings are Ongoing or Threatened, October 28, 1998, Tampa, FL
The Hillsborough County Bar Association, Tipping the Scales in Your Favor: Prosecutorial & Defense Strategies in Drug Cases, September 17, 1998, Tampa, FL
The Florida Bar, Advanced Criminal Law and Appellate Practice Update, Federal Sentencing Guidelines Update, June 6, 1997, Tampa, FL
The Tampa Bay Chapter of the Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Substantial Assistance and Other Downward Departures, April 30-May 2, 1997, San Francisco, CA
The Florida Bar, Advanced Criminal Law and Appellate Practice Update, Federal Sentencing Guidelines Update, April 2, 1997, Tampa, FL
Lorman Education Services, Criminal Law CLE, Federal Criminal Law Update, March 14, 1997, Tampa, FL
The Tampa Bay Chapter of the Federal Bar Association and The United States Sentencing Commission, The Federal Sentencing Guidelines Seminar, Substantial Assistance and other Downward Departures, April 26 - 27, 1996, St. Petersburg, FL
Stetson University College of Law and the Second District Court of Appeal, Criminal Practice Conference, How to Appropriately Preserve Error, September 29, 1995, Tampa, FL
Lorman Education Services, Federal Criminal Litigation, Jury Selection, August 25, 1995, Tampa, FL
The Tampa Bay Chapter of the Federal Bar Association, The Federal Sentencing Guidelines Seminar, Substantial Assistance, April 6 - 7, 1995, St. Petersburg, FL
Stetson University College of Law, Criminal Practice Conference, Search and Seizure Issues, September 30, 1994, Tampa, FL
PERSONAL DATA:
Date and Place of Birth: July 26, 1962, Chester, Pennsylvania