Kresta N. Daly

kresta_daly

Kresta Daly is a partner at Barth Tozer & Daly LLP.  Ms. Daly has extensive experience in a broad range of criminal defense and complex litigation matters.  She has represented individuals, businesses and public officials facing criminal allegations ranging from securities, mail and wire fraud to drug and terrorism offenses.  Ms. Daly’s clients often contact her long before formal charges have been filed.  In some cases Ms. Daly has persuaded the government not to pursue charges against her client based on the information Ms. Daly provided.  In other cases she has negotiated favorable early dispositions.  Ms. Daly has expanded her practice to include civil litigation and workplace investigations.  She has handled hundreds of cases and has tried more than 40 cases to verdict in state and federal court.

Ms. Daly has handled countless computer related crimes and has significant experience with computer forensics.  She is very knowledgeable about this rapidly changing area in the law.  She brings a dynamic, client focused approach to these and all other cases.

Ms. Daly’s litigation experience includes:
  • Anti-Trust Litigation
  • Tax Fraud
  • Real Estate Fraud
  • Conflict of Interest Violations
  • Fraud
  • Homicide
  • Civil Rights
  • Child Molestation/Abuse
  • Environmental Crimes
  • Computer Crimes
  • Health Care Fraud
  • Business Crimes
  • Drug Crimes
  • Adult Sexual Assault
Theft of Trade Secrets: United State v. John Doe – International business can be perilous.  Kresta Daly represented a businessman accused of the theft of trade secrets and suspected of transporting banned materials to suspected terrorist nations.  After months of negotiations the government agreed not to proceed on the more serious terrorism related charges.  The case resolved favorably for the client on other charges. Fraud: United States v. Sally Doe – Ms. Doe worked for a university and was suspected of being involved in a conspiracy to defraud the federal government.  The investigation had far reaching implications both for the university as well as for numerous government funded non-profit agencies.  Due to the significant mitigating evidence introduced before the court the client received a substantially below guideline sentence. Fraud: People v. John Smith – Kresta Daly represented a senior government official accused in a broad ranging conspiracy to embezzle government funds.  The government official faced over a dozen of year in prison.  After investigation and hard fought litigation the case settled for a misdemeanor. Sherman Anti-Trust/Bid Rigging: United States v. Joe Doe – Starting her work long before an indictment issued, Kresta Daly negotiated a no custody time resolution for an individual accused of violations of the Sherman Anti-Trust Act, Wire Fraud, and Mail Fraud.  This case was one in a series of recent prosecutions by the San Francisco Anti-Trust Division focused on foreclosure auctions. Rape: People v. James Smith – Certain people, such as professionals, have targets on their back.  Kresta Daly represented a lawyer falsely accused of date rape.  The charges were kept out of the media and damage to the lawyer’s reputation was kept at a minimum.  After a year-long investigation all charges were dismissed. Conflict of Interest: People v. John Doe –  A school superintendent was accused of violating numerous laws including California’s Conflict of Interests bans.  After getting the case transferred to a more favorable jurisdiction the case resolved favorably for the client. FDA Investigation: Prefile Pharmaceutical Company Investigation – A pharmaceutical company was accused of illegally importing drugs from other countries and selling the medications without proper prescriptions or licenses. Ms. Daly conducted a thorough investigation and persuaded both the FBI, FDA and the various regulatory agencies not to pursue the matter further. Embezzlement: People v. Jane Doe– Ms. Daly obtained a complete dismissal of an individual accused of embezzling over a half million dollars from a family member. Kresta was retained prior to the filing of the criminal charges, and, by working closely with co-counsel who was defending the related civil litigation, the defense team was able to prove to the government that the client had spent the money exclusively at the direction of the family member who claimed she had embezzled the funds. Prior to joining Barth Tozer & Daly LLP, Ms. Daly was of counsel to Rothschild, Wishek & Sands. During her career Ms. Daly has handled nearly every kind of criminal case from homicide to sex crimes to robbery.
  • California State Bar Commission on Access to Justice – Commissioner
  • Schwartz-Levi Inn of Court – Barrister
  • Sacramento Women's Lawyers – Member
  • University of the Pacific McGeorge School of Law – Assistant Adjunct Instructor, International Appellate Advocacy
  • Sacramento County Indigent Defense Panel Committee – Qualifications Committee Member
Bachelors of Arts in History and Rhetoric, University of California, Davis, 1991

As an exchange student at Birmingham University in Birmingham, England, Ms. Daly competed in the final round of the 1993-1994 World Debating Championship in London, England.

University of the Pacific, McGeorge School of Law, 1998