Daniel Monnat

Monnat & Spurrier, Chartered
200 West Douglas
Suite 830
Wichita, KS 67202
316-264-2800
www.monnat.com


Whether by obtaining a “not guilty” verdict for his white-collar client at the conclusion of the prosecutor's opening statement, or by obtaining the same result at the conclusion of a three-week shaken-baby, first-degree murder trial, Dan Monnat has long been recognized as a creative trial and appellate criminal-defense lawyer.

For over 40 years Monnat has defended individuals and companies in high-stakes federal and state jury trials, appeals courts, regulatory proceedings, grand jury and other investigations with outstanding results. In 2018, Monnat was named to the Missouri & Kansas Super Lawyers “Top 10” List and has been listed on the Super Lawyers “Top 100” list for more than a decade. He also has been honored by Best Lawyers in America® for more than 30 years and earned accolades twice as Best Lawyers® “Lawyer of the Year” for Wichita, Kansas: for Criminal Defense-White Collar (2012); and for Criminal Defense-General Practice (2014).

Mr. Monnat has extensive experience and success in complex, lengthy jury trials charging such crimes as conspiracy, criminal bank fraud, money laundering and murder. His record of jury trials resulted in his becoming a Fellow in the American College of Trial Lawyers and his high-profile cases have been covered in the New York Times, the Los Angeles Times and featured on CBS 48 Hours.

As well, Mr. Monnat has represented individuals and companies in criminal investigations involving state and federal regulatory agencies including at least the Kansas Board of Healing Arts, the Kansas Securities Commission, the Kansas Department of Revenue and the federal SEC, DOD, USDA, HHS, OIG, DEA, ATF, ICE, DHS and IRS.

With his years of experience, Mr. Monnat is also frequently in demand to teach other lawyers at national legal conferences and to provide expert news commentary for national broadcasts, appearing on at least NBC’s The Today Show, CNN, CBS Morning News, CBS 48 Hours, Fox News and Court TV.

Dan Monnat co-founded Monnat & Spurrier, Chartered, in 1985. Mr. Monnat is licensed to practice before the United States Supreme Court, the United States Court of Appeals for the Tenth Circuit, the federal and state courts of Kansas and Nebraska and the federal courts of Colorado, Missouri (W.D.) and Michigan (E.D.)

Honors and Distinctions
       
  • Listed “Missouri & Kansas Super Lawyers,” Top 10 Lawyers in 2018, and in Top 100 Lawyers, 2006-2014 and 2016-2018 Editions
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  •  Listed “The Best Lawyers in America,” 1990-2020 Editions
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  • Ranked in Chambers and Partners Legal Guide, Kansas Litigation: White-Collar Crime and Government Investigations, 2013-2019
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  • Martindale-Hubble AV Preeminent, 1996-2019
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  • American Board of Criminal Lawyers, 2013
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  • Fellow American College of Trial Lawyers, 2002
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  • Fellow International Academy of Trial Lawyers, 2010
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  • Fellow Litigation Counsel of America, 2008
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  • Who’s Who Legal: Business Crime Defense, 2014-2019
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  • Who’s Who Legal: Investigations, 2017 - 2019
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  • America’s Top 100 Criminal Defense Attorneys, 2017
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  •  Appointed Kansas Sentencing Commission by Governor Kathleen Sebelius, 2007
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  • Appointed Merit Committee to Select United States Magistrate for Wichita, 1999

    Background
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  • Preparatory Education California State University, San Francisco, California (B.A. in English, cum laude, 1973)
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  • Legal Education Creighton University, Omaha, Nebraska (J.D., 1976)
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  • Bar Admissions State Courts of Nebraska (1976); State Courts of Kansas (1976); United States District Court, District of Kansas (1976); United States Supreme Court (1986); United States Court of Appeals for the Tenth Circuit (1990); United States District Court, District of Colorado (1997); United States District Court, Western District of Missouri (1998)

    Areas of Practice

       
  • Trial and Appellate Criminal Defense
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  • White-Collar Criminal Defense
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  • Bet-the-Company Litigation

 

          Graduate

       
  • Gerry Spence Trial Lawyers College, Dubois, Wyoming, 2000
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  • Gerry Spence Trial Lawyers College Graduate Course, 2001

    Professional Associations
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  • National Association of Criminal Defense Lawyers

Director, 1996-2004

• Kansas Association of Criminal Defense Lawyers

President, 1992-1995

Vice President, 1991-1992

• Kansas Association of Justice Executive Committee

Criminal Law Chair, 2000-present

• National Organization for the Reform of Marijuana Laws (NORML)

Legal Committee, 1993-present

• American Bar Association

Notable Cases of Dan Monnat

White-Collar Accusations


United States v. Hall, No. 08–10208–01, 2010 WL 5137499 (D. Kan. 2010): Trial judge dismissed all federal charges of conspiracy, racketeering, money laundering, and fraud on grounds that statutes and regulations underlying charges against tobacco wholesaler were unconstitutionally vague as interpreted by the government and applied to client.

State of Kansas v. Dr. George Tiller, No. 07 CR 2112 (Sedgwick County, Kan., Dist. Ct. March 27, 2009): Jury took only 25 minutes to reach “not guilty” verdict on all 19 charges of performing illegal abortions in politically charged, high-profile trial of internationally renowned abortion provider Dr. George Tiller.

Alpha Medical Clinic v. Anderson, 280 Kan. 903, 128 P.3d 364 (2006): Kansas Supreme Court granted order protecting women's privacy rights in their medical files by requiring strict protections before Attorney General could subpoena patient files.

State of Kansas v. Scott, No. 83,609 (Kan. App. Aug. 25, 2000) (unpublished): Kansas Court of Appeals affirmed trial judge's dismissal of forgery charges against businessman as barred by the statute of limitations.

United States v. Guidry, No. 97-10162-MLB (D. Kan. June 17, 1998): Jury trial judge entered “not guilty” verdict on thirteen federal charges of bank fraud and money laundering stemming from comptroller's alleged embezzlement of $2.6 million from her employer; jury voted to convict client of only three counts of false statements on tax returns.

United States v. McIntosh, 124 F.3d 1330 (10th Cir. 1997): Tenth Circuit Court of Appeals reversed 11 out of 13 of lawyer's convictions for federal bankruptcy fraud and money laundering.

State of Kansas v. Trammell, No. 92-67959-S (Sedgwick County, Kan. Dist. Ct. 1992): Trial judge found client “not guilty” at close of prosecutor's opening statement, acquitting client of large-scale white-collar larceny charges. See also State of Kansas v. Trammell, 252 Kan. 961, 850 P.2d 249 (1993): Kansas Supreme Court dismissed prosecutor's appeal after client's acquittal.

United States v. Farhat, No. 87-10005-01 (D. Kan. 1987): Jury verdict of “not guilty” on all federal charges arising from graduate student's alleged counterfeiting operation.

Sex Accusations

State of Kansas v. Akins, 315 P.3d 868 (Kan. 2014). Kansas Supreme Court’s complete reversal of former Chief of Police’s 15 child-sex convictions and consecutive life sentences on rounds that the prosecutor committed intentional, prejudicial misconduct during trial.

 

State of Kansas v. ___________, No. 17,918 (Kan. App. Oct. 11, 2013) (unpublished). Kansas Court of Appeals reversed client’s two aggravated-indecent liberties convictions and consecutive life sentences on grounds that the trial court erred in excluding expert testimony about false confessions.

 

State of Kansas v. Puetz, No. 11 CR 3188 (Sedgwick County, Kan. Dist. Ct. 2013): Jury verdicts of “not guilty” for high school football coach on charges of attempted aggravated indecent liberties with a child and attempted criminal sodomy arising from undercover Internet sex sting. Jury deadlocked on remaining charge of electronic solicitation of a child, which State thereafter reduced to misdemeanor charge of patronizing an adult prostitute in exchange for defendant’s “Alford” plea (i.e. “innocent but pleading guilty to take advantage of a plea offer”). What began as a multiple felony case with risk of over ten-year sentence, lifetime sex-offender registration, and lifetime post-release supervision resolved with Class C (i.e. lowest) misdemeanor conviction, no registration, no probation, and no sentence.

 

State of Kansas v. Weimer, No. 101,099 (Kan. App. May 6, 2010) (unpublished): Kansas Court of Appeals reversed client's rape and indecent-liberties convictions after district court found that client's previous lawyer did not give client effective assistance of counsel.

State of Kansas v. Bunyard, 281 Kan. 392, 133 P.3d 14 (2006): Kansas Supreme Court reversed client's rape conviction and 20-year sentence because of prosecutor's misconduct in defining the crime to the jury.

State of Kansas v. Jonker, No. 02 CR 1409 (Sedgwick County, Kan, Dist. Ct. Dec. 6, 2002): Jury verdict of “not guilty” of all charges of aggravated indecent liberties with two different children.

State of Kansas v. Stevenson, No. 84,833 (Kan. App. March 9, 2001) (unpublished): Kansas Court of Appeals reversed client's conviction of aggravated indecent liberties because prosecutor committed misconduct during closing argument.

State of Kansas v. Lane, Case No. 84,667 (Kan. App. July 21, 2000) (unpublished): Kansas Court of Appeals reversed client's convictions of rape and aggravated indecent liberties because prosecutor failed to elect which alleged act constituted the crime, and trial judge failed to instruct the jury sufficiently about unanimity.

State of Kansas v. Chappell, 26 Kan. App. 2d 275, 987 P.2d 1114 (1999): Kansas Court of Appeals reversed client's convictions of aggravated indecent liberties and aggravated criminal sodomy based on trial judge's and prosecutor's improper comments regarding the child witness's ability to tell the truth.

State of Kansas v. Ralls, No. 99 CR 90 (Sumner County, Kan., Dist. Ct. Oct. 29, 1999): Jury verdict of “not guilty” of all charges of rape and aggravated indecent liberties with three different children.

Violent-Crimes Accusations

State of Kansas v. Cunningham, No. 13 CR 29 (Ford County, Kan. Dist. Ct. Aug. 24, 2015): Jury verdict of “not guilty” on all charges of first degree murder and child abuse after two week trial involving extensive medical and biomechanical testimony where client accused of intentionally cruelly beating or shaking nearly four-year-old child to death.

 

State of Kansas v. Floyd (“Floyd III”), No. 06 CR 17 (Stanton County, Kan., Dist. Ct. Nov. 24, 2008): All charges of first-degree murder and conspiracy to commit first degree murder dismissed without prejudice after two hung juries.

State of Kansas v. Floyd (“Floyd II”), No. 06 CR 17 (Stanton County, Kan., Dist. Ct. April 18, 2008): Second hung jury on all charges of first-degree murder and conspiracy to commit first degree murder after three-week trial.

State of Kansas v. Floyd (“Floyd I”), No. 06 CR 17 (Stanton County, Kan., Dist. Ct. July 30, 2007): First hung jury on all charges of first-degree murder and conspiracy to commit first degree murder after three-week trial.

State of Kansas v. Richardson, No. 03 CR 6 (Reno County, Kan., Dist. Ct. Jan. 22, 2004): Jury verdict of “not guilty” on all charges of aggravated battery and aggravated assault where client was accused of intentionally running over alleged victim with a car in a nightclub parking lot.
State of Kansas v. Shanklin, No. 98 CR 108 (Sedgwick County, Kan., Dist. Ct July 23, 1998): Jury verdict of “not guilty” on all charges of first-degree murder and other crimes arising from an alleged drive-by shooting.

United States v. Hall, 20 F.3d 1084 (10th Cir. 1994): Tenth Circuit Court of Appeals affirmed trial judge's pretrial dismissal of indictment charging client with using a firearm during a drug-trafficking crime, agreeing that evidence was insufficient to support charge. Client's possession of more than three pounds of cocaine with intent to distribute and other charges dismissed on remand for lack of speedy trial.

State of Kansas v. Mars, No. 92-CR212-A (Cowley County, Kan., Dist. Ct. 1993): Jury verdict of ”not guilty” on all charges arising from alleged arson of client's residence.

State of Kansas v. Jackson, 238 Kan. 793, 714 P.2d 1368 (1986): Kansas Supreme Court agreed with defense counsel that—despite the Court's previous repeated declarations to the contrary—the “diminished capacity defense” then existed in Kansas (ruling since superseded by statute).

Drug Accusations

United States v. Ochoa, 4 F. Supp. 2d 1007 (D. Kan. 1998) (Daniel E. Monnat as local counsel): Trial judge in federal drug case suppressed 222 pounds of marijuana found in car after traffic stop.

United States v. Phillips, No. 96-10006-01, 1996 WL 432377 (D. Kan. 1996) (Daniel E. Monnat as local counsel): Trial judge in federal drug case suppressed forty pounds of marijuana and one pound of cocaine found in U-Haul and car after traffic stop.

United States v. Lambert, 46 F.3d 1064 (10th Cir. 1995): Tenth Circuit Court of Appeals reversed client's convictions and 10-year sentence for possession with intent to distribute large quantities of methamphetamine and cocaine, holding that client's nervousness in airport coupled with quick exit did not establish reasonable suspicion for DEA to detain client in parking lot.

United States v. Redd, No. 95-10051-02 (D. Kan. 1995): Jury trial judge entered “not guilty” verdicts on all federal charges arising from client's alleged possession with intent to sell 2 pounds of cocaine.

State of Kansas v. Anguiano, No. 93 CR 246 (Seward County, Kan. Dist. Ct. 1994): Jury verdict of “not guilty” on all charges arising from client's alleged conspiracy to possess with intent to sell 40 pounds of marijuana.

United States v. Lacey, et al., No. 89-10054-01- 05 (D. Kan. 1990): Jury verdict of “not guilty” on all charges after a six-week federal trial for the girlfriend of alleged drug kingpin Rick Lacey in Kansas's then-largest cocaine seizure and conspiracy case.

United States v. Gerber, No. 89-10051-01, 1989 WL 115984 (D. Kan. 1989): Trial judge suppressed all evidence of indoor marijuana-growing operation because officers failed to wait a sufficient amount of time between announcement and forced entry while executing a valid federal search warrant.

State of Kansas v. Epperson, 237 Kan. 707, 703 P.2d 761 (1985): Kansas Supreme Court affirmed trial judge's order suppressing sale quantities of cocaine.

State of Kansas v. Davis and Davis, 8 Kan. App. 2d 39, 649 P.2d 409 (1982): Kansas Court of Appeals reversed husband and wife's convictions for possessing 40 pounds of marijuana with intent to sell, holding that search warrant based on unverified information from unidentified informer was insufficient to establish probable cause.

DUI Accusations

 

State of Kansas v. Burris, No. 00 TR 786 (Sedgwick County, Kan., Dist. Ct. June 6, 2000): Jury verdict of “not guilty” on charges of driving under the influence where client with .143 intoxilyzer reading was accused of backing into State Trooper's vehicle during speeding stop on Christmas Eve; jury convicted driver of only speeding and not wearing a seat belt.

 

 

Scholarly Articles

 

 

 
       
  • Daniel E. Monnat & Paige A. Nichols, Can I Get a Witness?, J. Kan. Ass’n Just., July 2014, at 13.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
       
  • Daniel E. Monnat, Protect Innocent, The Wichita Eagle, Nov. 28, 2000.

 
       
  • Daniel E. Monnat & Paige A. Nichols, Oh Give Me A Home, Where The Government Can’t Roam . . .”: Interpreting The Kansas Constitution To Protect “Open Fields,” J. Kan. Trial Law. Ass’n, Nov. 1994, at 17.

 

Representative Lectures

“Voir Dire VooDoo in Trials of the Taboo: Winning in the Beginning of Jury Trials with Claimed Vulnerable Victims,” National Association of Criminal Defense Lawyers Midwinter Meeting, New Orleans, March 2017 and Fall Seminar, New Orleans, 2019

 

“Crouching Tiger, Hidden Dragon: Kung Fu Strategies for the Courtroom,” 31st Rusty Duncan Advanced Criminal Law Seminar, San Antonio, Texas, June 2018

 

“Defending The Accused before the Jury: Basics and Beyond,” American College of Trial Lawyers and the Wichita Bar Association, Wichita, Kansas, October 2015

 

“Trial Lawyers: Why We Do What We Do,” Kansas Association for Justice Annual Meeting, Kansas City, Missouri, December 2014

 

“Crouching Tiger, Hidden Dragon: Kung Fu Strategies for the Courtroom,” Kansas Bar Association Annual Meeting and Joint Judicial Conference, Topeka, Kansas, September 2011

 

“High Profile Cases and the Unpopular Client,” Southwest Kansas Bar Association Annual Meeting, Dodge City, Kansas, September 2010

 

“Lessons in Life and Litigation from the Tragic Acquittal of Dr. George R. Tiller,” National Association of Criminal Defense Lawyers “Winning Trial Techniques,” Aspen, Colorado, January 2010

 

”The Kid Gloves Are Off: Child Hearsay After Crawford v. Washington,” Arkansas Association of Criminal Defense Lawyers, Annual Meeting, Tunica, Mississippi, April 2006

“Oops, I Did It Again: Sexual Abuse and the Britney Spears Defense,” Nebraska Criminal Defense Attorneys Association, Defense of Abuse Cases seminar, Lincoln, Nebraska, February 2004

Crouching Tiger, Hidden Dragon: Kung Fu for Trial, National Defender Services, “2001 New Approaches for the Millennium,” Williamsburg, Virginia, May 2001

Motion to Suppress Practicalities: Not Getting the Defense Thrown Out on Technicalities, New York State Association of Criminal Defense Lawyers, “The Four Corners of Criminal Practice,” Utica, New York, October 2000

 

Kung Fu Strategies and the Art of Trial, National Association of Criminal Defense Lawyers, “Defense Magic for the Millennium,” New Orleans, Louisiana, February 2000

Motions to Suppress at the Millennium: Staying in the Ring, National Association of Criminal Defense Lawyers, “Advocacy Techniques – A Masters' Course,” San Francisco, California, April 1999

Preparation and Cross-Examination in Dog Sniff Cases, National Association of Criminal Defense Lawyers, “Cross-Examination: How to Get What You Need,” Denver, Colorado, August 1998

You're In Alice's Wonderland: How to Defend Your Client in the Nonsense World of Drug Testing, Wichita Bar Association, “The Science of Family Law,” Wichita, Kansas, December 1997