Federal Republic of Germany v. Albert Sendrey

The German government sued a former Holocaust survivor for fraud and theft for cashing pension payments intended for his deceased father, also a Holocaust survivor. The client and his family were interned in the Buchenwald concentration camp, but were let out early in the war due to the fact that the client happened to have been born in the US while his parents were visiting. The client and his family were subjected to horrific abuse like all others in the concentration camp, and the client felt entitled to the funds. Due to the criminal nature of the activity, the client exercised his rights under the 5th Amendment not to testify at deposition. The Court then refused to let the client testify at trial, refused to let the defense move forward with its claim of unjust enrichment, and refused to let the defense even utter the words 'Nazi' or 'Holocaust.' Yet, using just the client's infectious smile as a tool, we were able to silently persuade the jury to rule in the client's favor and render a defense verdict in a case of jury nullification.