Verdicts Federal

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Verdicts Federal

FEDERAL VERDICTS & DECISIONS

  • UNITED STATES v. ROSA

    U.S. District Court for the Southern District of New York: Defendant was indicted for his role in a large-scale heroin distribution conspiracy that took over an entire residential apartment building in Washington Heights, and which contributed to numerous overdoses, some resulting in death. Defendant faced a mandatory minimum sentence of 10 years and a maximum of life. Negotiated a plea with no mandatory minimum sentence. The Probation Department calculated the Guidelines at 168 to 210 months of imprisonment. Sentence obtained: downward variance to 60 months.

  • UNITED STATES v. CHEN

    U.S. District Court for the Southern District of New York: Defendant indicted for his role in a large-scale conspiracy to traffic more than $70 million worth of counterfeit Nike Air Jordans. Following his guilty plea to conspiracy to traffic in counterfeit goods, he faced up to a 10-year sentence. The Probation Department calculated Defendant’s Guidelines at 37 to 46 months of imprisonment. Sentence obtained: downward variance to time served (one day) with three years of supervised release.

  • UNITED STATES v. JIKIA

    U.S. District Court for the Southern District of New York: Represented defendant on his motion to vacate his conviction for possessing a gun in furtherance of a murder plot under18 U.S.C. §924(c). Utilized the Supreme Court’s decision in United States v. Davis, 588 U.S. ___ (2019), holding that the “residual” clause of 18 U.S.C. §924(c), defining “crime of violence”, is unconstitutionally vague. Prior to our representation, Defendant was sentenced to 10 years of imprisonment based on his guilty pleas to conspiracy to commit murder for hire and possession of a firearm in furtherance of a crime of violence. Negotiated a revised plea with no mandatory minimum sentence and a 10-year statutory maximum sentence. The Probation Department calculated the Guidelines at 10 years of imprisonment, a sentence the government sought. Sentence obtained: downward variance to 84 months.

  • UNITED STATES v. SURIEL

    U.S. District Court for the Eastern District of Virginia (a.k.a. the “Rocket Docket”, where defendants are brought to trial only 70 days after indictment): Defendant was indicted for his role in a conspiracy to possess with intent to distribute 25 kilograms of cocaine. Defendant faced a mandatory minimum sentence of 10 years and a maximum of life. Secured for Defendant safety-valve relief from the mandatory minimum sentence. The Probation Department calculated the Guidelines at 57 to 71 months of imprisonment. Sentence obtained: downward variance to one year and one day (10 months).

  • UNITED STATES v. BANUELOS

    U.S. District Court for the District of New Jersey: Defendant indicted for bank fraud and aggravated identity theft based on her role in a nationwide “carding” scheme. Defendant faced a 30-year sentence for the bank fraud and a statutorily mandated two-year consecutive sentence for the aggravated identity theft. Following Defendant’s plea, the Probation Department calculated the Guidelines at 57 to 65 months imprisonment. Sentence obtained: downward variance to time served (two weeks).

  • UNITED STATES v. STIVER

    U.S. District Court for the Northern District of Ohio: Defendant charged with conspiracy to commit money laundering (18 U.S.C. §1956) related to money he derived from the sale of steroids (Defendant previously prosecuted by state authorities in Ohio and served a one-year jail sentence for steroid distribution and related charges). Defendant faced statutory maximum sentence of 20 years of imprisonment. Probation Department calculated the Guidelines at 57 to 71 months imprisonment. Sentence obtained: downward variance to four years of probation.

  • UNITED STATES v. NAZINA

    U.S. District Court for the Southern District of New York: Defendant indicted for money laundering and wire fraud conspiracy for her role in a scheme to steal money from victims across the country who believed they were buying luxury automobiles online. Defendant faced statutory maximum sentence of 20 years of imprisonment. Probation Department calculated the Guidelines at 27 to 33 months imprisonment. Sentence obtained: downward variance to 18 months.

  • UNITED STATES v. ESPOSITO

    U.S. District Court for the Northern District of Ohio: Defendant indicted for Securities Fraud and Wire Fraud. The government advanced a “boiler room” stock manipulation theory. Defendant faced statutory maximum sentence of 25 years of incarceration. Successfully negotiated agreement that permitted us to seek a Guidelines Zone B sentence. Secured sentence of only four hours in “the back” so that defendant could, as the sentencing court invited, “think of all the people he hurt by stealing their money.”

  • UNITED STATES v. DOUGLAS

    U.S. District Court for the Western District of North Carolina: Defendant indicted under 21 U.S.C. §§846 & 841(b)(1)(C) for a narcotics conspiracy involving MDMA analogues. She faced a statutory maximum sentence of 20 years in prison. Guidelines called for a sentence of 68 to 73 months imprisonment. Negotiated agreement to a “telephone count” (21 U.S.C. §843(b)) with a 48-month sentencing cap, which defendant received at sentencing.

  • UNITED STATES v. WALTER

    U.S. District Court for the Southern District of New York: Defendant was the bodyguard of hip hop artist, Daniel Hernandez, better known as “Tekashi69”. Defendant was indicted for various RICO, “VICAR” and firearms offenses related to the activities of the Nine Trey Gangsta Bloods street gang based in Brooklyn, N.Y. The firearms charges alone called for a 27-year mandatory minimum term of incarceration. Negotiated a plea with a 60-month mandatory minimum. Secured a sentence of 62 months.

  • UNITED STATES V. DOE

    U.S. District Court for the Eastern District of New York: Defendant, a police officer, was charged with arresting a woman and depriving her of her civil rights when he engaged her in sexual contact in a room at the police precinct. Defendant faced a statutory maximum sentence of life and a Guidelines range of 87 to 108 months of imprisonment. Negotiated a misdemeanor plea with a one-year sentencing cap, which defendant received at sentencing.

  • UNITED STATES v. BONANNO

    U.S. District Court for the Southern District of New York: Defendant, a police officer, was charged with bank fraud and aggravated identity theft. Defendant faced a 30-year sentence for the bank fraud, and a statutorily mandated two-year consecutive sentence for the aggravated identity theft. Secured a plea with no mandatory minimum sentence. The Probation Department calculated the Guidelines at 37 to 46 months imprisonment. Sentence obtained: downward variance to a year and a day of incarceration (10 months).

  • UNITED STATES v. MARTINEZ

    U.S. District Court for the Southern District of New York: Represented defendant on his motion (one of the first of its kind) for a sentence reduction under the First Step Act. Defendant was serving a sentence of 26 years following his conviction after trial for his role in a crack distribution conspiracy. Court granted our motion and reduced defendant’s sentence by 72 months, making him eligible for release from prison within a year.

  • UNITED STATES v. SUERO

    U.S. District Court for the Southern District of New York: Defendant was indicted for his role in a large scale narcotics and firearms conspiracy. Defendant faced a mandatory minimum sentence of 15 years and a maximum of life. Negotiated a plea with no mandatory minimum sentence. The Probation Department calculated the Guidelines at 57 to 71 months of imprisonment. Sentence obtained: downward variance to 52 days to be served one day per week in a residential reentry center.

  • UNITED STATES v. MACELHINNEY

    U.S. District Court for the Southern District of New York (White Plains): Defendant, a U.S. military veteran (Iraq and Afghanistan) was charged with making false statements to a licensed firearms dealer when he represented that he was the actual buyer of two semiautomatic rifles, when he in fact purchased the firearms for a convicted felon. Defendant faced a 10-year statutory maximum sentence. Negotiated a plea to a misdemeanor with a one-year prison cap. Sentence obtained: one year of probation.

  • UNITED STATES v. SORIANO-TORRES

    U.S. District Court for the Southern District of New York: Defendant, a Latín Trap musical artist better known as “Sou El Flotador,” was indicted for his role in a conspiracy that transported for distribution kilogram quantities of cocaine from Puerto Rico to New York using the United States postal system. Defendant faced a 10-year mandatory minimum sentence and a life maximum. Negotiated a plea with no mandatory minimum sentence. The Probation Department calculated the Guidelines at 46 to 57 months imprisonment. Sentence obtained: downward variance to time-served (one day).

  • UNITED STATES v. SAIBU

    U.S. District Court for the Southern District of New York: Defendant was charged with conspiracy to commit bank fraud (18 U.S.C. §§1344 & 1349) involving more than $1.3 million in stolen and fraudulent checks. Following his guilty plea to conspiracy to commit bank fraud, he faced up to a 30-year sentence. The Probation Department calculated Defendant’s Guidelines at 78 to 97 months imprisonment. Sentence obtained: downward variance to time-served (one day).

  • UNITED STATES v. SHERLAND

    U.S. District Court for the Southern District of New York: Defendant arrested as part of the largest gang takedown in New York history. He was charged with racketeering conspiracy, murder in aid of racketeering, narcotics trafficking conspiracy and various firearms offenses related to his membership in the “Big Money Bosses” street gang, and its violent rivalries with other gangs including the “2 Fly YGs” and others. Defendant faced mandatory life in prison for his role in the stabbing death of a 15-year-old. Negotiated a plea to racketeering conspiracy with a 20-year sentencing cap. Sentence obtained: 14 years’ imprisonment.

  • UNITED STATES v. SOKOL

    U.S. District Court for the Southern District of New York: Defendant was charged with participating in an illegal gambling operation with ties to the Gambino crime family based on his role in a large-scale bookmaking and sports betting conspiracy. Negotiated a plea to the misdemeanor offense of distributing a small amount of marijuana for no remuneration (21 U.S.C. §§841(a)(1) & (b)(4)) with a one-year sentencing cap. Sentence obtained: one year of probation.

  • UNITED STATES v. BELTRAN

    U.S. District Court for the Southern District of New York: Defendant, a tax preparer, was charged with 66 counts of aiding and assisting in the preparation of false and fraudulent income tax returns (26 U.S.C. §7206(2)) . The defendant faced up to a three-year sentence on each count. Negotiated a plea to four counts. The Probation Department calculated Defendant’s sentencing Guidelines range at 30-37 months of imprisonment. Sentence obtained: downward variance to five years of probation.

  • UNITED STATES v. GREGORY W. GRAY, JR.

    U.S. District Court for the Southern District of New York: Indicted for Securities Fraud and Perjury; loss amount $5 million. Probation’s calculation: 78 to 97 months’ incarceration. Sentence obtained: downward variance to 24 months’ incarceration. article

  • UNITED STATES v. A.M.

    U.S. District Court for the District of New Jersey: Indicted for Wire Fraud; loss amount between $2,500,000.00 and $7,000,000.00. Three-week jury trial; Verdict: hung jury. Trial judge granted our post-trial Rule 29 motion seeking a directed acquittal of all charges. Defendant acquitted, and double jeopardy clause bars retrial. – article

  • UNITED STATES v. GARCIA-REYNOSO

    U.S. District Court for the Eastern District of New York: Two-week jury trial; defendant acquitted of Hostage-taking, Kidnapping and Conspiracy. Convicted of one count of Hostage Taking and Alien Transportation. Sentence: 20 years’ incarceration. Appealed to U.S. Court of Appeals, Second Circuit. Hostage-taking conviction reversed. Defendant resentenced to time served. – article decision

  • UNITED STATES, PEOPLE v. A.D.

    Dentist under Grand Jury investigation for Mail Fraud, Wire Fraud and Tax Evasion. No charges brought.

  • UNITED STATES v. SACKS

    U.S. District Court for the District of New Jersey: Four-week jury trial; Convicted of 42 counts of Mail, Wire and Bank Fraud, and Aggravated Identity Theft; loss amount between $20 and $50 million. Probation’s calculation: 348 to 837 months’ incarceration. Sentence obtained: 204 months’ incarceration (downward variance). Following post-conviction motion, defendant re-sentenced to 60 months’ imprisonment.

  • UNITED STATES, PEOPLE v. N.R.

    Politician under investigation for Conspiracy, Offering False Instrument and Grand Larceny. No charges brought.

  • UNITED STATES v. SEALS

    U.S. District Court for the Eastern District of New York: Indicted for conspiracy to commit mail, wire, and securities fraud. Probation’s calculation: 24 to 30 months’ incarceration. Sentence obtained: probation.

  • UNITED STATES v. DOZORTSEV

    U.S. District Court for the Eastern District of New York: Indicted for Money Laundering, Health Care Fraud and Possession of Marijuana with Intent to Distribute. Probation’s calculation: 121 to 151 months’ incarceration. Plea obtained: 18 to 24 months. Sentence: downward variance to probation.

  • UNITED STATES v. T.N.

    Construction worker under lengthy Grand Jury investigation into Racketeering, Murder Conspiracy. No charges brought.

  • UNITED STATES v. SUH

    U.S. District Court for the Southern District of New York: Indicted for conspiracy to commit health care fraud; loss amount over $4 million. Probation’s calculation: 63 to 78 months’ imprisonment. Sentence obtained: 42 months’ imprisonment.

  • UNITED STATES v. MACZAJ

    U.S. District Court for the District of New Jersey: Charged with Bribing a Public Official. Probation’s calculation: 30 to 37 months’ incarceration. Plea obtained: 24 to 30 months. Sentence: downward variance to probation.

  • UNITED STATES v. L.C.

    Secretary charged with Obstruction of Justice, Destroying and Falsifying Records; facing 20 years’ incarceration. Plea deal to a misdemeanor with probation.

  • UNITED STATES v. ELAHWAL

    U.S. District Court for the Southern District of New York: Indicted for violating United Nations Participation Act and Providing Material Support or Resources to Designated Foreign Terrorist Organizations. Guidelines range: 10 years to life incarceration. Plea obtained: 41 to 51 months’ incarceration. Probation’s calculation: 41 to 51 months’ incarceration. Sentence: 17 months’ imprisonment.

  • UNITED STATES v. L.J.

    Police officer under lengthy Grand Jury investigation into Murder Conspiracy and Obstruction Of Justice. No charges brought.

  • UNITED STATES v. I.T.

    Rapper indicted on Conspiracy, Multiple Bank Robberies and Weapon Possession; facing 50 years’ incarceration. Plea deal resulted with client serving 38 months.

  • UNITED STATES v. JOHN DOE

    U.S. District Court for the Eastern District of New York: Obtained three-year prison cap on a charge of Aiding and Assisting the False Preparation of a Federal Tax Return that omitted taxable income of $29 million. Sentence: downward variance to 18-month term of imprisonment; 1 year of supervised release.

  • UNITED STATES v. MAVASHOV

    U.S. District Court for the District of Colorado: Indicted for Possession of Counterfeit Obligations and related offenses. Plea to Counterfeiting Conspiracy. Probation’s calculation: 10 to 16 months’ incarceration. Plea agreement: 10 to 16 months. Sentence: downward variance to probation.

  • UNITED STATES v. DRUZHINSKY

    U.S. District Court for the Southern District of New York: Indicted for Unlawful Internet Gambling and Money Laundering. Plea obtained: six to 12 months’ incarceration. Sentence: downward variance to 3 months.

  • UNITED STATES v. COLON

    U.S. District Court for the District of Puerto Rico: Indicted for 21 U.S.C § 841 (a)(1) Narcotics Conspiracy; Government sought pretrial detention; presumption of pretrial detention; Government proffered evidence of thousands of kilograms of cocaine in conspiracy which defendant personally unloaded from boat traveling from Dominican Republic to Puerto Rico; at bail hearing overcame presumption of detention; defendant released on bail.

  • UNITED STATES v. PERALTA

    U.S. District Court for the Southern District of New York: Two-week jury trial; defendant acquitted of 21 U.S.C § 841 (b)(1)(A) Narcotics Conspiracy, and a (b)(1)(B) Attempted Sale. Convicted of attempted sale.

  • UNITED STATES v. JOHN DOE

    U.S. District Court for the District of New Jersey: Four-week jury trial; convicted of 42 counts of mail, wire and bank fraud, and aggravated identity theft; loss amount between $20 and $50 million. Probation’s calculation: 348 to 837 months’ incarceration; sentence obtained: 204 months of incarceration (downward variance). Following post-conviction motion, defendant re-sentenced to 60 months’ imprisonment.

  • UNITED STATES v. PRESTA

    U.S. District Court for the Southern District of New York: Indicted for 21 U.S.C § 841 (a)(1) Narcotics Conspiracy and Conspiracy to Commit Multiple Extortions; Government sought pretrial detention; presumption of pretrial detention; Government proffered evidence of more than one hundred thousand kilograms of marijuana being distributed from the West Coast to the East Coast through private jets and two substantive extortion offenses; at bail hearing overcame presumption of detention; defendant released on bail.

  • UNITED STATES v. PERRIER

    U.S. District Court for the Eastern District of New York: Indicted for Conspiracy to Commit Health Care Fraud; facing up to 20 years’ incarceration. Plea to health care fraud. Probation’s calculation: 18 to 24 months’ incarceration; plea agreement: 12 to 18 months; sentence: one year and one day.

  • UNITED STATES v. P.P.

    Retired law enforcement official indicted on Conspiracy to Distribute Marijuana and Extortion; facing 40 years. Plea deal resulted in a 30-month sentence.

  • UNITED STATES v. PICHARDO

    U.S. District Court for the Southern District of New York: Indicted for 21 U.S.C § 841 (a)(1) Narcotics Conspiracy; defendant classified as career offender with violent history; Government sought pretrial detention; presumption of pretrial detention; Government proffered evidence of defendant on audiotape engaged in distribution of oxycodone and text message and photograph evidence of heroin distribution; gained bail after hearing; Government appealed; after additional briefing and argument won appeal.

  • UNITED STATES v. COLON

    U.S. District Court for the Eastern District of New York: Charged with distribution of firearms; gained dismissal of complaint.

  • IN RE: GRAND JURY SUBPOENA OF JANE DOE

    U.S. District Court for the Eastern District of New York: Subject of Structuring and Money Laundering investigation. (See 18 U.S.C. § 1956 and 31 U.S.C. § 5324). Obtained nonprosecution agreement.

  • IN RE: GRAND JURY SUBPOENA OF JANE DOE

    U.S. District Court for the Southern District of New York: Subject of 18 U.S.C. §841(b)(1)(A) Marijuana Distribution Conspiracy. Gained non-prosecution agreement.

  • UNITED STATES v. CARVAJAL

    U.S. District Court for the Northern District of New York: Charged with grade A and B violations of supervised release. Sentencing Commission suggested upward departure because defendant received downward departure in underlying case (see U.S.S.G. §7B1.3). Defendant faced sentence of 5 years’ incarceration. Sentenced to 4 months’ incarceration.

  • UNITED STATES v. JANE DOE

    U.S. District Court for the Southern District of New York: Indicted for Harboring a Fugitive. Gained deferred prosecution following written submission.

  • UNITED STATES v. JOHN DOE

    U.S. District Court for the Eastern District of New York: Charged with grade A and C violations of supervised release. Written and oral motions seeking dismissal of charges following defense investigation. Charges dismissed based on finding that defendant was a victim of mistaken identity and did not violate conditions of supervised release.

  • UNITED STATES v. JOHN DOE

    U.S. District Court for the Southern District of California: Indicted for Conspiracy to Import and Distribute Steroids and Money Laundering; facing up to 20 years’ incarceration. Plea to Steroid Distribution of 35,000 units of steroids during three-year period. Probation’s calculation: 37 to 46 months’ incarceration. Plea agreement: 21 to 27 months. Sentence: probation with 12 months’ home confinement.

  • UNITED STATES v. MARIA

    United States District Court for the Southern District of New York: Indicted for Heroin Conspiracy. Defendant was manager of 10 heroin mills, responsible for distribution of more than 12 kilograms of heroin. Statutory sentencing range of 10 years to life in prison; negotiated (b)(1)(B) plea (5-40 years); stipulated sentencing guidelines of 121 to 151 months; requested downward variance at sentencing to minimum sentence of 5 years. Sentence: 5 years.

  • UNITED STATES v. JIMENES

    U.S. District Court for the District of New Jersey: Indicted for Armed Robbery and related offenses. Probation’s calculation: 168 to 210 months’ incarceration. Plea obtained: 51 to 63 months; total offense level 30 calculated at sentencing, yielding sentencing range of 97 to 121 months. Sentence: downward variance under 18 U.S.C. §3553(a) to 77 months’ incarceration.

  • UNITED STATES v. MALDONADO

    United States District Court for the Southern District of New York: Indicted for a Federal Narcotics Conspiracy to Distribute Molly, Cocaine and Marijuana. Defendant was supervisor of his co-conspirators and had two prior narcotics convictions. Negotiated plea to 51-61 months; requested a downward variance at sentencing hearing. Sentence: 30 months.

  • UNITED STATES v. PUISSANT

    U.S. District Court for the Eastern District of New York: Indicted for 21 U.S.C § 841 (b)(1)(A) Narcotics Conspiracy; pled to 21 U.S.C § 841 (b)(1)(C). Probation’s calculation: 97 to 121 months’ incarceration. Plea obtained: 24 to 30 months; total offense level 19 calculated at sentencing, yielding sentencing range of 30 to 37 months. Sentence: downward variance to six months’ incarceration.

  • UNITED STATES v. MOON

    U.S. District Court for the District of New Jersey: Plea to Stealing Money from a Labor Organization. Sentencing range of six to 12 months’ incarceration. Sentence: downward variance to probation.

  • UNITED STATES v. MORELLO

    U.S. District Court for the Southern District of New York: Indicted for Conspiracy to Commit Bank Fraud; Guidelines range of 30-37 months’ incarceration. Plea agreement: 30 to 37 months. Sentence: downward variance to six months’ incarceration.

  • UNITED STATES v. MARTUCCI

    U.S. District Court for the District of New Jersey: charged with Narcotics Distribution; plea obtained: 46 to 57 months’ imprisonment. Sentence: downward variance to 24 months to run concurrent to an unrelated sentence in another jurisdiction.

  • UNITED STATES v. N.H.

    Public Official indicted on multiple counts of Bribery, Bribe Receiving and Conspiracy. All charges dismissed immediately prior to jury selection.