Monday, November 23, 2009

Please Support Rick Winiker in December 17 Bar Election for District Court Judge Nomination

I am asking for your support in the upcoming bar election for the vacant district court seat.  I am sending this note to my friends and colleagues now before I send out an email to all bar members closer to the election December 17th. In the meantime, please forward this note to any attorney you believe may be interested in learning more about my candidacy for the bar election.  


Please also send me a reply if you are able to support me in the form of allowing your name to be added to a letter that will be sent to all bar members.  I would also appreciate it if you would introduce me to the attorneys in your office – if you can help there as well, please let me know. Thanks!  


S. FREDERICK (Rick) WINIKER, III, 43, is a Charlotte native and a 1985 graduate of East Mecklenburg High School.  After college, he served as a second lieutenant in the U.S. Army in Operations Desert Shield and Desert Storm.  He has tried dozens of cases in state and federal courts.  He has argued several cases before the U.S. Court of Appeals for the Ninth Circuit (http://openjurist.org/222/f3d/1129/united-states-of-america-v-joe-john-kafka-iii), as well as the Fourth Circuit (http://pacer.ca4.uscourts.gov/opinion.pdf/084291.P.pdf).  


Since returning to Charlotte in 2005, he opened his own successful full service practice, The Winiker Law Firm, located in the Mayes House on Morehead Street (www.winikerlaw.com). Mr. Winiker’s current practice and his past work as an assistant district attorney allow him to bring significant district court experience to the role of district court judge.  


MECKLENBURG COUNTY ASSISTANT DISTRICT ATTORNEY 1995-1998  


ASSISTANT UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE 1999-2005 Criminal Prosecutor, Asset Forfeiture Chief, Civil Litigator, Eastern District of Washington (State – Spokane, WA)  


ASSISTANT DIRECTOR, UNITED STATES DEPARTMENT OF JUSTICE Office of Legal Education - Cybercrime Chief   2004-2005  


SENIOR LITIGATION ATTORNEY, Shumaker Loop and Kendrick 2005-2007  


GONZAGA UNIVERSITY SCHOOL OF LAW JD, cum laude, 1995  
WAKE FOREST UNIVERSITY BA, History, Minor in German 1989  


S. Frederick Winiker, III, Esq. 
Winiker Law Firm, PLLC 
www.winikerlaw.com 
435 East Morehead Street 
Charlotte, NC  28202-2609 
Office: (704) 333-8440 
Fax: (704) 831-5274




Wednesday, November 11, 2009

Winiker Law Firm

See the website for other links and updates:
www.winikerlaw.com

S. Frederick Winiker, III

Law firm that represents individuals and businesses in Civil and Criminal Litigation including complex business disputes, federal fraud investigations including Health Care, as well as state and federal criminal defense.

Civil and Criminal experience in Federal District Courts, U.S. Courts of Appeal, North Carolina Superior Court, North Carolina Business Court and the NC Court of Appeals and Supreme Court.

Areas of concentration:

Civil Litigation, Criminal Fraud, Criminal Corporate Defense, Criminal Defense, Computerized Courtroom Litigation

Friday, November 6, 2009

C Nicks Williams



Beloved and respected federal prosecutor C. Nicks Williams died on Tuesday, November 3, 2009, doing what he did best: trying a case to a jury. Shortly before closing arguments were to commence, Nicks fell ill and collapsed in the federal courthouse. He was rushed to Presbyterian Hospital where he passed away surrounded by friends and family.

Nicks came to the US Attorney’s Office in 1996 on a one-year detail from his position an Assistant Regional Counsel with the Department of Energy. Based on his experience with complex environmental issues, Nicks was assigned a number of difficult environmental crimes cases. He quickly developed a rapport with state and federal investigators. Nicks was reappointed for a second term in 1997 and continued to work primarily on environmental cases, including a complex matter involving illegal discharge of hazardous materials into the ground water. During his second year with the office, Nicks became the go-to prosecutor for the Secret Service as its role in the investigation of access device fraud expanded into the realm of identity theft. Nicks also agreed to accept responsibility for a new Department of Justice initiative involving the prosecution of delinquent child support cases.

Based on Nicks’ outstanding performance, he was offered a position as a full-time Assistant in 1998. Shortly thereafter, Nicks was given a new assignment to head up the “Project Sentry” program to curtail gun violence in schools. Nicks, as the father of three sons, readily accepted the challenge and quickly developed a separate protocol for elementary, middle, and high schools in the district, rivaling McGruff the Crime Dog in its effectiveness and entertainment value. Nicks spent countless hours speaking to students as only Nicks could do: with sincerity, humor and candor. Somewhere along the way, Nicks also persuaded management to allow him to assume primary responsibility for the prosecution of National Forrest and Park and Reservation cases. With his steady diet of out-of-the-mainstream cases from our nation’s forests and parks, Nicks would grin and introduce himself as the “Small Crimes” Chief for the Western District, an appellation that he considered an honor and a privilege. Nicks easily transitioned into the world of illegal firearms cases, violent crimes, and finally to Organized Crimes/Drug Enforcement Task Force cases. And, when the Office was restructured leaving a vacancy in two different positions, Nicks volunteered to fill them both. The result of his altruism was that he carried an incredible caseload, including the monthly indictment of between six and a dozen cases, many of which went to trial. In fact, over the last several years, Nicks has averaged at least one trial per month and often several during the same trial term, all the while maintaining his travels to the Western part of the state to retain his position as the Coordinator for the prosecution of National Forrest and Park cases. Somehow, Nicks found time to take young law students along to give them the benefit of his wisdom, experience, and noteworthy trial skills. Never complaining, despite his burdensome caseload, rarely even asking for assistance, and only accepting help with the promise to repay at least two-fold, Nicks went about his business as the district’s trial dog cheerfully and diligently. One of Nick’s favorite lines when asked whether he felt overwhelmed was, “No, I’m just grateful to be here.” And, despite his numerous contributions to the Office’s mission, he seemed to truly believe that he was simply repaying some long-ago repaid debt.

No tribute to Nicks would be complete without at least a brief acknowledgment of his a tremendous sense of humor, more often than not at his own expense. He was the perennial master of ceremonies at office events, the toastmaster for office farewells, and the good natured wit who alternated between “stirring the pot” and poking fun at himself in emails as a means of helping prosecutors retain perspective. And, when it came to shouldering the work, no one was quicker to assist a colleague by covering a hearing or an entire week of hearings, usually with his standard line: “Just get me the file, or some facts, or the name of the defendant if you got that.” No one in our office caused more laughter, or was better liked. Nicks was an instant friend to all. Nicks leaves behind his “lovely wife, Elizabeth,” as he referred to her, and three fine sons, Walker, Ross and Davis, who will undoubtedly miss the patriarch of their family beyond measure. His devotion to his family was evident. Nicks was devoted to his work, but always seemed to understand that family was most important: Nicks found the time and energy to take a trip with his wife, visit one of his sons at school, or attend a sporting event where his boys were participating at every turn. No words of comfort from this office can possibly fill the void left in their lives by Nicks’ passing. But, they should know that he loved them deeply and spoke of them in tenderness and pride. Nicks’ family should also understand that they are not alone in their grief. Nicks served our country for thirty years. Those of us in Charlotte, in particular, who have come to know and love Nicks, through our professional and personal associations with him for the last thirteen plus years, will miss him like family in our own way and for our own reasons. And, he will be remembered, with respect for his sacrifices to the people of this district, and fondly for his charm, his humor and his endearing camaraderie. He will always be our first, our last, and our only Small Crimes Chief. And, he will eternally be our friend.
UNITED STATES ATTORNEY’S OFFICE
WESTERN DISTRICT OF NORTH CAROLINA