Summary of Qualifications
Accomplished attorney with thirty+ years of trial and appellate experience including federal prosecution, federal and state criminal defense, and general litigation with emphasis in family law matters. Licensed in West Virginia, Virginia, and Ohio. Appellate work in Ohio, West Virginia, U.S. Courts of Appeal and the U.S. Supreme Court. Career highlights include the following:
• Published opinions in West Virginia Supreme Court, West Virginia Intermediate Court of Appeals, Ohio Supreme Court, Seventh District Court of Appeals in Ohio, and Fourth Circuit Court of Appeals
• Established leading case in relocation in West Virginia Supreme Court, Storrie v. Simmons, 225 W. Va. 317 (2010)
• Established leading case in relocation in West Virginia Intermediate Court, Katherine A. v. Jerry A., Case No. 22-ICA-52
• Judgment vacated in a companion case to 20-1410 Xiulu Ruan v. United States (06/27/2022), U.S. v. George Naum, https://www.scotusblog.com/case-files/cases/naum-v-united-states/
• Ruan v. United States the United States Supreme Court U.S. v. George Naum
• 2020/2021 NAFLA Top 10 Family Law Attorneys in West Virginia
• 2020 National Trial Lawyers, Top 100 Criminal Defense Attorneys
• 2023 Peer Rated for Strong Ethical Standards in Martindale Hubbell
• successful litigations in contested custody disputes in cases involving the father as the primary residential parent
• Defense of Physician in charges of distribution outside the bounds of medical practice related to Suboxone in Federal Court
• dismissal of murder charges and experience in first chair defense of murder indictment
• saving a pilot's airman's certificate despite narcotic trafficking by obtaining a waiver of revocation from the director of the Federal Aviation Administration
• obtaining $2000 fine for defendant charged with interstate trafficking of marijuana beginning in Mexico and spreading to 5 different states
• achieving sentencing departure on the defendant's motion when opposed by the government, such case being cited by the Department of Justice before Congress in opposition to discretionary judicial departures
• obtaining a stay from the United States Court of Appeals for the Fourth Circuit of a federal district court's decision to hold a recalcitrant witness in contempt (within 24 hours)
• challenged a State indictment for grand jury abuse and successfully achieved dismissal of the same
• successful litigation of municipal condemnation cases
• obtained substantial decrease in penalties ($295,000 to $20,000) imposed by the WVDEP for Underground Storage Tank violations
Work experience
04/01/2001 to present -=- McARDLE LAW OFFICES -=- Wheeling, WV
Solo Practitioner, Owner
• Practice concentrating in criminal defense, domestic and general civil and administrative litigation with an emphasis in Family Law Matters; manage a client base of approximately 100 clients
• Defend individuals charged with criminal violations in federal and state courts
• Represent individuals in the prosecution and defense of domestic relations matters addressing complex relationships with special emphasis in child custody and support issues
• Defend corporate clients in areas of employment contract disputes and job-related injuries
• Prosecute personal injury cases involving auto accidents, general injury, and medical malpractice
• CJA Panel in the NDWV from 1993 to 2018
02/01/2004 to 04/30/2005 -=- HAMSTEAD, WILLIAMS & SHOOK -=- Morgantown, WV
Part Time Associate
• Practice concentrating in criminal defense, domestic and general civil litigation
• Prosecute personal injury cases involving auto accidents, general injury, and medical malpractice
01/01/1997 to 04/01/2001 -=- MUSSER & McARDLE, L.C. -=- Wheeling, WV
Partner
• Established a small general practice law firm specializing in criminal defense, family law, civil litigation, real estate and corporate law
• Investigated, developed, prepared and tried two cases involving condemnation for the City of Wheeling, limiting recovery to the value as determined by the City
• Tried ten day federal case involving white collar crime and highway contracting fraud which resulted in an appeal to the United States Court of Appeals for the Fourth Circuit. Appeal resulted in a published opinion regarding the use of grand jury transcripts as substantive evidence against an accused without the benefit of cross examination. United States v. Brothers Construction, 219 F.3d 300 (4th Cir. 2000)
• Briefed, argued, and achieved reversal of a summary judgment decision in the West Virginia Supreme Court in a case involving the Wage Payment and Collection Act
• Investigated, developed, and tried personal injury cases
09/01/1994 to 01/01/1997 -=- PHILLIPS, GARDILL, KAISER & ALTMEYER -=- Wheeling, WV
Associate
• Associate in a law firm of eleven attorneys which specialized in commercial law
• Caseload of 75% federal criminal defense and 25% commercial litigation
• Obtained dismissal of a federal indictment in the first case as a defense attorney
• Represented federal criminal defendants in West Virginia, Pennsylvania, and Arizona
• Gained comprehension of practical similarities and differences in the implementation of pretrial, trial and post trial procedures within several districts of the federal criminal justice system
• Obtained a sentence of probation and a fine of $2,000.00 for a pilot charged with trafficking narcotics from Mexico to Nevada, Arizona, Iowa, New York and West Virginia; preserved pilot's license to operate air crafts
• Prosecuted case for the City of Parkersburg involving the ability to collect payment on a non-recourse loan from a developer who defaulted on $4.5 million loan
• Challenged fine imposed by the West Virginia Department of Environmental Protection for violation of the regulations governing Underground Storage Tanks and successfully obtained a substantial decrease in penalties ($295,000 to $20,000)
06/01/1989 to 09/30/1994 -=- UNITED STATES ATTORNEY'S OFFICE -=- Wheeling, WV
Special Assistant United States Attorney, Law Enforcement / Victim Witness Coordinator
• Researched, investigated, prepared and tried countless criminal cases ranging from white collar crime to narcotics. Maintained a record of 100% conviction on cases tried as lead counsel
• Designed and implemented the Federal Victim Witness program for the United States Attorney's Office
• Received Commendation Awards for excellence in work with victims
• Appointed Ethics Officer by the United States Attorney: implemented necessary procedures for policing compliance of Department of Justice Ethics regulations
• Prepared responses to 100% of the prisoner habeas petitions. Maintained a record of 100% affirmation of convictions
• Prepared numerous appellate briefs to the United States Court of Appeals for the Fourth Circuit. Maintained a record of 100% affirmation of convictions
• Fostered relationships between federal, state, and local law enforcement agencies through the coordination of law enforcement training in the Northern District of West Virginia
• Trained, supervised and managed all support staff assigned to the criminal section of the United States Attorney's Office in the area of victim witness issues; supervised and managed special authorizations for witness vouchers
Education
2015 -=- West Virginia University School of Law -=- Morgantown, WV
Courses toward LLM Forensic Science
1986 to 1989 -=- University of Pittsburgh School of Law -=- Pittsburgh, PA
Juris Doctor
1982 to 1986 -=- Washington & Jefferson College -=- Washington, PA
B.A. Political Science, Business Administration
Professional Memberships
Professional Associations
• ABA
• Ohio County Bar (Secretary 2001-2003, 2nd VP 2004-2005)
• West Virginia Bar
• Virginia Bar
• Ohio Bar
Supreme Courts
• United States (06/1997)
• West Virginia (1993)
• Ohio (2000)
• Virginia (2022)
Appellate Courts
• Third Circuit 0(9/1996)
• Fourth Circuit (06/1994)
• West Virginia Supreme Court
• Westr Virginia Intermediate Court
• Ohio Supreme Court
• United States Supreme Court
U.S. District Courts
• Northern District West Virginia (05/1993)
• Southern District West Virginia (05/1993)
• District of Arizona (08/1997)
• Western District of Virginia (2023)
Volunteer
1998 to 2020 -=- Hockey
• MidAm Board, WV Vice-President, Safe Sport Coordinator
• USA Hockey, Safe Sport Council
• Safe Sport Coordinator Pittsburgh Pens Elite
• Organized and Promoted Events for Sled Hockey
2005 to present -=- Republican Party
• WVGOP State Chairman (elected July 2022)
• County Chairman 2005 to 2022
• Delegate to Republican National Conventions
