Mr. Eric S. Montalvo, a founding partner of the firm, has earned an international reputation as an aggressive, thorough and respected trial attorney familiar with the overwhelming nature of complex litigation and associated media strategies. Mr. Montalvo currently maintains a Top Secret/SCI security clearance. Mr. Montalvo has been recognized as a national leader in military law.
Mr. Montalvo, a “Mustang,” retired from active duty after serving 21 years in the United States Marine Corps which included combat tours during Desert Shield/Storm and Operation Iraqi Freedom, deployments to Afghanistan and duties which ranged from prosecution, defense, command advisor, representing the U.S. Department of Justice as a Special Assistant to the U.S. Attorney for Parris Island before the United States District Court for the District of South Carolina, and service before the Military Commissions.
Mr. Montalvo focuses his practice on complex litigation matters, government contracts, military law, and international dispute resolution. His firm focuses on the unique bodies of law that the U.S. Federal Government has created.
Mr. Montalvo undertakes work in Afghanistan and abroad, navigating language and cultural barriers, interpreting complex international law and unprecedented issues, working directly with members of Congress, foreign embassies, foreign governmental ministries, Department of Justice attorneys, and President Obama’s Guantanamo Bay Task Force and Detainee Review team.
After graduating with honors with a Bachelor of Science in Business Management from the University of South Carolina, Mr. Montalvo received his Juris Doctor degree from Temple University School of Law with honors. While pursuing his law degree, he served as a judicial clerk for the Honorable Nitza I. Quinones Alejandro and interned with the Legal Clinic for the Disabled, the Camden Public Defender’s Office and the Philadelphia District Attorney’s Office. He also participated in Temple University’s study abroad program in Greece, where he focused his studies on international law.
— U.S. v. Juvenile 15 year old charged as an adult with felony malicious wounding as a result of him stabbing the alleged victim in the heart. First trial ended in a mistrial due to juror misconduct and the second trial ended in a full aquittal., 2017
— U.S. v. Jacob L. Pease Mr. Montalvo successfully appealed the case to NMCCA and when the government appealed he sucessfully briefed and argued the matter before CAAF – the military’s supreme court. The result was a landmark decision in the arena of sexual assault in the military. The issue of consent in sexual assault cases when intoxication is involved has been at the heart of countless military cases over the years. In U.S. v. Pease, the court ruling resulted in the definition of the term “incapable of consenting.” The decision overturned the conviction of Mr. Montalvo’s client and set a precedent for all cases of this nature moving forward.
— U.S. v. Daniel J. Zambrano Mr. Montalvo successfully argued on appeal before NMCCA that the trial court’s decision finding of guilty was based on improper opinion testimony. The court agreed with Mr. Montalvo that the opinion testimony was materially prejudicial to Mr. Zambrano’s case, and set aside the findings of guilty and sentencing.
— United States v. Specialist Kesha R. Conner Specialist Kesha R. Conner was convicted on five different counts and sentenced to a bad-conduct discharge. Mr. Montalvo successfully argued before ACCA on appeal that that the trial court judge in the original trial abused his discretion thereby materially prejudicing appellant’s substantial rights. Based on these findings her verdict was overturned.
— U.S. v. Javier Vicente Cuevas SSG Javier Vicente Cuevas was charged with abusive sexual contact in violation of Article 120, UCMJ. After a several day jury trial before a military panel, Mr. Montalvo of The Federal Practice Group secured a full acquittal.
— Captain Trey R. Sedenka v. Board for Correction of Naval Records Mr. Montalvo represented Captain Trey R. Sedenka before the Board for Correction of Naval Records (BCNR) in a case where the correction of Captain’s Sedenka’s naval record allowed him to recover the military incentive pay he was promised and was improperly denied upon his entry into the service. The Board found that an injustice had occurred and granted full relief.
— Zuhmat Construction Group before the United States Armed Services Board of Contract Appeals Zuhmat Construction Group performed services for the US Government in Afghanistan, but Zuhmat was unable to successfully obtain payment for these services. Mr. Montalvo of The Federal Practice Group successfully appealed this non-payment with the ASBCA, obtaining full relief for the client.
— U.S. v. James Bowling, Craig Allan Kolhagen and Dennis Pennington Mr. Montalvo represented Craig Allan Kolhagen, who was, along with two others, indicted for wire fraud, major fraud against the United States, and independently charged with disclosing source selection information. Through motions practice, Mr. Montalvo and his team successfully argued for a dismissal of the indictment. Mr. Kolhagen was also confronted with being administratively separated from the Marine Corps as a result of the charges. Mr. Montalvo and his team contested the administrative separation and achieved a full retention recommendation and saved Mr. Kolhagen’s retirement.