PRINT PAGEMarcos Beaton, Jr.Partner
Marcos Beaton, Jr., began his career as an attorney at the Miami-Dade Public Defender's Office, perhaps one of the nation's most respected public defender offices, and the very same office where Roy Black began his career as a criminal trial lawyer. Like all Assistant Public Defenders, Mr. Beaton learned to handle large case loads, deal with a wide array of legal issues, and to try criminal cases. His experience included everything from the most basic misdemeanors to serious felonies.
Mr. Beaton joined BSKS in 2004 and was named a partner in 2011. Since joining the office, Mr. Beaton has focused on complex criminal cases in both federal and state courts. His clients have included doctors, lawyers and successful business professionals. The cases he has handled have included misdemeanor cases where professional licenses are on the line all the way up to highly complex securities fraud cases, complex tax cases, racketeering cases, and even first degree murder. He has tried multi-week and multi-month cases in both federal and state court and has participated in many exhaustive pre-indictment and pre-arraignment investigations.
He has earned a reputation for being a meticulous lawyer and outstanding trial advocate. In 2012, Mr. Beaton was among a group of 40 attorneys under 40 years old, named a "Top 40 Under 40" Outstanding Lawyer, by the Cystic Fibrosis Foundation. Mr. Beaton has also been recognized as a "Rising Star," by Florida Super Lawyers, a "Florida Legal Elite Up and Comer," by Florida Trend, and an "Up and Comer" by the South Florida Legal Guide.
In 2011, Roy Black invited Mr. Beaton to co-teach an advanced criminal evidence workshop at the University of Miami School of Law. He is now an adjunct professor at the law school and continues to teach the class with Mr. Black each fall semester.
- After three weeks of trial, firm partner Marcos Beaton obtained an acquittal for a young man charged with premeditated first-degree murder and aggravated assault with a firearm in Broward County. Prosecutors argued that the client chased and shot a young man in the parking lot of a club after several altercations earlier in the evening between different groups of people, including one where prosecutors argued that the client had pointed a gun at another young man. The three week trial featured 46 witnesses, including witnesses who were at the scene during the shooting, numerous police officers, as well as expert witnesses in firearms, DNA and forensic pathology. Mr. Beaton argued that the evidence showed the shooting was in self-defense and that, among other things, the client had not chased the young man who was shot, that instead the young man was pursuing the client when the fatal shot was fired, that the client had been beaten by the young man, and that there appeared to be more than one person involved in the attack on the client . After less than a full day of deliberations, the jury acquitted the client of all charges. To see news coverage of the case, click here.
Represented a well-respected Miami plastic surgeon charged with the attempted murder and kidnapping of his ex-girlfriend which supposedly occurred because of a Facebook posting she made. Click here for news items regarding the case. After an exhaustive investigation that included forensic analysis of electronic devices, witness interviews, searches of police files and photographs of the alleged crime scene, Mr. Beaton was successful in demonstrating to prosecutors how the purported crime could not have happened. The State declined to file felony charges, and instead filed two misdemeanor ones, to be dismissed after the client completes a deferred prosecution program.
Authored and filed an appellate brief on behalf of a client serving prison time after pleading guilty to misprision of a felony. The Eleventh Circuit Court of Appeals reversed for re-sentencing. At re-sentencing, Beaton convinced the District Court to reduce the client's sentence to the equivalent of time served, and the client was released immediately.
Obtained a dismissal for a client in a state case involving several felony charges, including burglary and grand theft, despite the prosecution’s video evidence.
Together with firm Partner Howard Srebnick, successfully negotiated a resolution to a federal insurance fraud case with multiple defendants and an alleged loss in excess of $7 million. The client was only required to pay a fine.
Persuaded District Court to impose a significantly reduced sentence in a federal drug case involving multi-ton quantities of marijuana after convincing prosecutors to waive minimum mandatory sentence and to waive arguments seeking an enhanced sentence.
Persuaded the government to dismiss a two-count indictment charging client with conspiracy to possess with intent to distribute heroin and conspiracy to commit money laundering. The client was arrested after an undercover operation by the FBI, during which the FBI gathered audio and video evidence.
- Worked on a securities fraud case, which involved over a million documents, over one hundred witnesses, and which included witnesses and documents in foreign countries. Mr. Beaton co-tried the 12-week trial with partner Howard Srebnick.
Tried an almost week-long domestic violence case with partner Mark Shapiro, which resulted in a 15-minute not guilty verdict for a prominent South Florida businessman and philanthropist.
Represented a client in a large federal pharmaceutical diversion case, which included allegations of money laundering. Early in the case, the government had suggested a 5- to 7-year plea deal. However, through a presentation that included mitigating factual and legal arguments, Mr. Beaton was able to negotiate a resolution where the client pleaded guilty to Misprision of a Felony and was sentenced to 24 months' probation.
Working on one of the largest charged financial crimes involving derivatives in the Southern District of New York to date, Mr. Beaton was responsible for identifying and interviewing potential witnesses throughout the United States and Puerto Rico, as well as working with defense expert witnesses. He worked with jury consultants to develop juror questionnaires and voir dire strategies. Mr. Beaton drafted over 140 trial subpoenas, and managed the resulting voluminous production and legal issues. He assisted in preparing opening and closing presentations, as well as preparing lead counsel for cross examination of several government and defense witnesses.
Obtained the release of a client who had been facing no less than 30 years in prison for a Georgia parole violation predicated on a Florida state felony case where he was facing 13 years. Through diligent efforts, all cases and counts were dismissed.
Represented a prominent South Florida gastroenterologist charged with fraudulently underpaying more than five million dollars in federal income taxes over a five-year period. Mr. Beaton was instrumental in negotiating a global plea agreement binding on the U.S. government and the IRS that resulted in the dismissal of all but one of the charges. Additionally, the agreement explicitly included the understanding that the client’s underlying conduct in no way involved or implicated the practice of medicine. This component of the agreement was critical in order to preserve the client’s medical license and, therefore, his ability to continue practicing medicine. More importantly, however, preserving the client’s medical license ensured his ability to continue providing first class medical care to the many “medically underserved” communities that he has served for over a decade. At sentencing, counsel’s presentation included a 177-page sentencing memorandum and a 13-minute DVD consisting of interviews of patients, colleagues, friends, and community leaders highlighting the client’s tremendous community service efforts. Ultimately, together with Mr. Black, Mr. Beaton successfully convinced the District Court to impose a sentence well below the sentence recommended by the U.S. Sentencing Guidelines and actively sought by the government.
Prior to joining the firm, Mr. Beaton worked at the Miami-Dade Public Defender's Office, where he handled several hundred cases ranging from misdemeanor and juvenile matters to first-degree felonies carrying potential life sentences.
While in law school, Mr. Beaton served as a certified legal intern at the Gainesville Public Defender's Office where, as a student, he was entrusted with an attorney's caseload and responsibilities in a misdemeanor division. By the time he left Gainesville, Mr. Beaton had tried several misdemeanor and felony cases.
Mr. Beaton’s experience with our firm also started early. He began working here as a college student in 1995, clerked at the firm during law school, served as a paralegal for one year after college graduation and, finally, joined as an Associate in 2004
Mr. Beaton co-teaches Advanced Criminal Evidence with Roy Black at the University of Miami School of Law.
Awards and Recognition
- "Florida Legal Elite," Florida Trend, 2016
- "Florida Legal Elite Up and Comer," Florida Trend, 2011-2012, 2015
- “Rising Star,” Florida Super Lawyers, 2009-2016
- "Top Lawyers," South Florida Legal Guide, 2017
- "Up & Comer," South Florida Legal Guide, 2013-2016
- "40 Under 40 Outstanding Lawyers of Miami-Dade County," Cystic Fibrosis Foundation, 2012
- Miami-Dade College Legal Assisting Program, Advisory Board (2007– Present)
- Alliance for Aging, Board of Directors (2004 – 2007)
- Research assistant to nationally-renowned criminal law scholar Jerold Israel, co-author of the treatise Criminal Procedure (2 ed. 2001)
- MPLE Scholar – full scholarship to the University of Florida Levin College of Law
- Florida, 2002
- U.S. Supreme Court, 2013
- U.S. Court of Appeals, Eleventh Circuit, 2005
- U.S. District Court, Southern District of Florida, 2004
- National Association of Criminal Defense Lawyers
- Florida Association of Criminal Defense Lawyers - Miami Chapter (Board of Directors)
- Miami-Dade County Bar Association, Young Lawyers Division
- Cuban-American Bar Association
- American Bar Association