Phone: 305-403-8070
Email: klughlaw@gmail.com
Richard C. Klugh is a nationally recognized criminal defense attorney with an unparalleled track record in federal trial, appellate, and post-conviction litigation. Based in Miami, Richard has more than 40 years of experience delivering exceptional legal representation. He has served as lead counsel in precedent-setting appellate victories and secured notable trial wins, achieving an unmatched record of defense victories in the U.S. Court of Appeals for the Eleventh Circuit. His advocacy has reached the highest levels of the U.S. judicial system, including the Supreme Court.
A proud graduate of Harvard Law School in 1980, where his classmates included future Supreme Court justices and other prominent judicial and political figures, Richard combines academic excellence with real-world impact. He graduated with highest honors in political science from the University of Florida in 1977, where he was elected to Phi Beta Kappa.
Richard’s expertise extends to complex litigation, where he consistently delivers remarkable results. In the past year alone, he successfully defended Palm Beach County physician Dr. Lauren Rosecan, securing an acquittal on false statement and fraud charges, and pursued government misconduct and false testimony that warranted the release of Dr. Mark Agresti, another Palm Beach physician. Richard also played a significant role in motion and trial support during the acquittal of former Tallahassee Mayor Andrew Gillum.
Richard has extensive experience handling high-profile federal cases involving the Classified Information Procedures Act and has been granted security clearances by the Department of Justice for cases involving national defense information. His commitment to justice has earned him numerous accolades, including the Florida Association of Criminal Defense Lawyers’ highest award, the “Against All Odds” award, for his appellate representation of criminal defendants in national defense-related matters.
Throughout his career, Richard has contributed significantly to the legal community. He has lectured for Florida Bar-sponsored seminars and national continuing legal education events, authored law review articles on federal litigation, and served for many years in a supervisory capacity for the South Florida Federal Public Defender Office’s appellate practice. From 1994 to 2008, he was the Editor of the Defense Newsletter for the criminal defense bar of the Southern District of Florida.
Richard began his legal career as a judicial law clerk for a federal judge in Miami, handling both criminal and civil matters. Over the years, his practice has included civil and administrative litigation at both the trial and appellate levels. He has represented notable clients such as the Florida Hospital Association and over 140 Florida hospitals, the Estate of Tennessee Williams, the University of Miami, Hartford Insurance Corp., and Union Oil Co.
Fluent in Spanish and well-versed in international casework across Latin America, Richard brings a global perspective to his practice. His dedication to justice and scholarship is further reflected in his frequent speaking engagements at national federal defender conferences and bar association seminars, where he is a sought-after thought leader. His written works, exploring critical topics such as appellate advocacy and Medicare law, are widely referenced within the legal community.
As the former Chief of the Appellate Division for the Federal Defender’s Office in the Southern District of Florida, Richard has been a pivotal resource for Criminal Justice Act attorneys, shaping the practice of federal defense law.
Approachable and client-focused, Richard takes pride in providing personalized attention and effective solutions to even the most complex legal challenges.
Whether navigating high-stakes litigation or mentoring the next generation of attorneys, Richard Klugh exemplifies excellence in criminal defense.
Drug Importation/Possession Conspiracy
U.S. v. Pendas-Martinez, 845 F.2d 938 (11th Cir. 1988) (granting new trial based on erroneous admission of evidence)
U.S. v. Espinosa-Hernandez, 918 F.2d 911 (11th Cir. 1990) (reversing for denial of discovery on motion for new trial under Fed. R. Crim. P. 33)
U.S. v. Villada, 87 Fed. Appx. 713 (11th Cir. 2003) (affirming grant of judgment of acquittal based on insufficient evidence of knowledge of contents of boxes containing drugs)
U.S. v. Reed, 259 Fed. Appx. 289 (11th Cir. 2007) (drug conspiracy and Hobbs Act convictions vacated based on insufficient evidence that conspirators shared information as to object of conspiracy)
Firearms Offenses
U.S. v. Rogers, 94 F.3d 1519 (11th Cir. 1996) (vacating conviction based on insufficient evidence of illegal features of firearm)
U.S. v. Bowe, 110 F.3d 796 (vacating conviction for carrying/use firearm due to absence of evidence active handling of firearm)
Mail and Wire Fraud and Money Laundering
U.S. v. Mullens, 65 F.3d 1560 (11th Cir. 1995) (remanding of resentencing on abuse of trust sentencing enhancement and restitution issues)
Tax Evasion
U.S. v. Kaiser, 893 F.2d 1300 (11th Cir. 1990) (vacating convictions following remand from Supreme Court based on double jeopardy violation)
U.S. v. Edwards, 971 F.2d 756 (11th Cir. 1992) (remanding for new trial based on improper admission of bad acts/similar crimes evidence)
Civil/Criminal Contempt of Court
U.S. v. Ciardo, 61 F.3d 30 (11th Cir. 1995) (criminal contempt conviction and sentence vacated where trial court employed civil contempt standard)
Sentencing Guidelines Cases
U.S. v. Campa, 529 F.3d 980 (11th Cir. 2008) (improper enhancement for role in the offense, U.S.S.G. § 3B1.1)
U.S. v. Tellez, 915 F.2d 1501 (11th Cir. 1990) (improper enhancement of sentence following probation revocation, 18 U.S.C. § 3565)
U.S. v. King, 87 F.3d 1255, (11th Cir. 1996) (improper calculation of theft loss, U.S.S.G. § 2B1.1)
U.S. v. Roman, 254 F.3d 74 (11th Cir. 2001) (affirming grant of safety valve, U.S.S.G. § 5C1.2, in drug case despite prior misstatements by defendant)
U.S. v. Morrison, 204 F.2d 1091 (11th Cir. 2000) (vacating enhancement of sentence as violative of time/jurisdictional limitations of Fed. R. Crim. P. 35)
U.S. v. Hernandez, 145 F.3d 1433 (11th Cir. 1998) (reversing career offender enhancement under U.S.S.G. § 4B1.1 based on nature of prior drug conviction)
U.S. v. Williams, 989 F.2d 1137 (11th Cir. 1993) (reversing sentence enhancement based on mere arrest record, U.S.S.G. § 4A1.1)
U.S. v. Adams, 89 F.3d 854 (11th Cir. 1996) (affirming downward departure from career offender guideline, U.S.S.G. § 4B1.1)
U.S. v. Florez, 163 Fed. Appx. 806 (11th Cir. 2006) (reversing sentence in light of upward departure without notice as required under Fed. R. Crim. P. 32)
U.S. v. Bryan, No. 02-13834 (11th Cir. 2003) (government dismissal of appeal district court to award of 4-level minor role adjustment under U.S.S.G. § 3B1.2)
U.S. v. Walden, 175 Fed.Appx. 308 (11th Cir. 2006) (erroneous application of guidelines as mandatory in violation of Sixth Amendment)
Speedy Trial Violation
U.S. v. Brown, 285 F.3d 959 (11th Cir. 2002) (government notice pleading did not toll running of speedy trial clock)
Supervised Release
U.S. v. Romines, 204 F.3d 1067 (11th Cir. 1992) (restitution could not be ordered as part of supervised release revocation where not ordered at initial sentencing)
Habeas Corpus/28 U.S.C. § 2255/Writs
Reyes-Vasquez v. U.S., 865 F.Supp. 1539 (S.D. Fla. 1994) (vacating drug trafficking conviction based on improper actions of trial counsel)
Hollins v. Department of Corrections, 191 F.3d 1324 (11th Cir. 1999) (upholding unique-circumstances doctrine of tolling of jurisdictional deadlines)
In re U.S., 898 F.2d 1485 (11th Cir. 1990) (affirming district court’s reduction of defendant’s sentence and rejecting government petition for writ of prohibition)
Schardar v. U.S., 33 F.3d 1381 (11th Cir. 1994) (denial of § 2255 motion vacated based on failure to afford evidentiary hearing)
Supreme Court Litigation
Brown v. U.S., 538 U.S. 1010, 123 S.Ct. 1928 (2003) (vacating judgment and remanding based on erroneous application of waiver doctrine to failure to appeal magistrate judge’s order)
Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641 (2005) (second chair counsel; holding that Fed. R. Civ. P. 60 reconsideration rule is applicable in habeas/post-conviction proceedings)
Rogers v. U.S., 522 U.S. 252; 118 S. Ct. 673 (addressing determination of harmless error in light of elemental omission from jury instruction; certiorari dismissed following oral argument)
Civil Appeals
North Broward Hospital Dist. v. Bowen, 850 F.2d 1548 (11th Cir. 1988) (rejecting government appeal of administrative ruling in favor of hospital district as to federal reimbursement process)
Doctors Hospital, Inc. v. Bowen, 811 F.2d 1448 (11th Cir. 1987) (affirming district court judgment providing for right of administrative appeal by hospital)
St. Francis Hospital v. Bowen, 802 F.2d 697 (11th Cir. 1986) (affirming district court judgment invalidating federal Medicare regulation)
Florida Medical Center v. Fla. Dep’t of Health & Rehab. Serv., 484 So. 2d 1292 (Fla. 4th DCA 1986) (reversing state administrative ruling denying hospital right to expand services)