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        <title><![CDATA[Federal Criminal Law - The Law Office of Matthew Galluzzo, PLLC]]></title>
        <atom:link href="https://www.gjllp.com/blog/categories/federal-criminal-law/feed/" rel="self" type="application/rss+xml" />
        <link>https://www.gjllp.com/blog/categories/federal-criminal-law/</link>
        <description><![CDATA[The Law Office of Matthew Galluzzo, PLLC's Website]]></description>
        <lastBuildDate>Fri, 07 Nov 2025 21:17:42 GMT</lastBuildDate>
        
        <language>en-us</language>
        
            <item>
                <title><![CDATA[DOJ charges 324 individuals in historic health care fraud indictment.]]></title>
                <link>https://www.gjllp.com/blog/operation-gold-rush-and-federal-health-care-fraud-takedown-2025/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/operation-gold-rush-and-federal-health-care-fraud-takedown-2025/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC]]></dc:creator>
                <pubDate>Wed, 02 Jul 2025 13:20:45 GMT</pubDate>
                
                    <category><![CDATA[criminal defense attorney]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law National]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[federal narcotics lawyer]]></category>
                
                    <category><![CDATA[former Manhattan prosecutor]]></category>
                
                    <category><![CDATA[Narcotics and Controlled Substance Offenses]]></category>
                
                    <category><![CDATA[White Collar Crime]]></category>
                
                    <category><![CDATA[Wire Fraud]]></category>
                
                
                    <category><![CDATA[Health Care Fraud]]></category>
                
                    <category><![CDATA[National health care fraud takedown 2025]]></category>
                
                    <category><![CDATA[Operation Gold Rush]]></category>
                
                
                
                <description><![CDATA[<p>On June 30, 2025, the U.S. Department of Justice (DOJ), in coordination with the FBI, DEA, HHS–OIG, and more, brought criminal charges against 324 individuals—including 93–96 licensed medical professionals—accusing them of orchestrating fraudulent schemes that targeted federal healthcare programs like Medicare and Medicaid. Those cases include federal criminal charges in the District of Connecticut and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>On June 30, 2025, the U.S. Department of Justice (DOJ), in coordination with the FBI, DEA, HHS–OIG, and more, brought criminal charges against 324 individuals—including 93–96 licensed medical professionals—accusing them of orchestrating fraudulent schemes that targeted federal healthcare programs like Medicare and Medicaid. Those cases include federal criminal charges in the District of Connecticut and the Southern and Eastern Districts of New York, among other courts. </p>



<p><strong>Scope and Impact</strong></p>



<ul class="wp-block-list">
<li>Alleged losses: Over $14.6 billion in false claims, with $2.9 billion confirmed loss to government programs  .</li>



<li>Assets seized: $245 million in cash, luxury vehicles, cryptocurrency, and real estate  .</li>



<li>Schemes exposed:
<ul class="wp-block-list">
<li>Operation Gold Rush: $10.6 billion scheme using shell supply companies and stolen identities to bill for medical supplies (e.g., urinary catheters)  .</li>



<li>Opioid “pill mills”: 44 professionals allegedly prescribed over 15 million opioid pills improperly  .</li>



<li>Telehealth/genetic testing fraud: $1.17 billion in fraudulent telehealth and lab claims  .</li>



<li>COVID testing scams: $293 million in false COVID-19 test reimbursements  .</li>



<li>Unnecessary wound care & hospice billing: Examples include $87 million hospice fraud in Texas and $900 million wound-graft schemes in Arizona.</li>
</ul>
</li>
</ul>



<p><strong>Alleged Criminal Statutes</strong></p>



<p>The Indictments rely on multiple federal statutes, including:</p>



<ol class="wp-block-list">
<li>Health Care Fraud (18 USC § 1347)
<ul class="wp-block-list">
<li>Prohibits schemes to defraud any health care benefit program.</li>



<li>Penalties: up to 10 years imprisonment; if serious bodily injury occurs, up to 20 years; any term of years to life if death results  .</li>
</ul>
</li>



<li>Wire Fraud & Mail Fraud (18 USC §§ 1341, 1343)
<ul class="wp-block-list">
<li>Target schemes using electronic or postal systems to defraud, charged in cases like telehealth and medical supply fraud.</li>
</ul>
</li>



<li>Conspiracy to Commit Health Care Fraud (18 USC § 1349)
<ul class="wp-block-list">
<li>Covers planning or attempt to commit health care fraud, often charged alongside substantive offenses.</li>
</ul>
</li>



<li>False Statements Relating to Health Care (18 USC § 1035)
<ul class="wp-block-list">
<li>Addresses false or misleading certifications in health care submissions.</li>
</ul>
</li>



<li>AKS–Linked False Claims
<ul class="wp-block-list">
<li>Under False Claims Act and Anti‑Kickback Statute, claims tainted by illicit payments become false claims  .</li>
</ul>
</li>



<li>Money Laundering (18 USC §§ 1956, 1957)
<ul class="wp-block-list">
<li>Alleged in cases involving laundering of illicit proceeds (e.g., COVID lab reimbursements) ().</li>
</ul>
</li>



<li>Controlled Substances Violations (21 USC § 841)
<ul class="wp-block-list">
<li>Charged against those prescribing or distributing opioids without medical justification ().</li>
</ul>
</li>
</ol>



<p><strong>Potential Criminal Penalties</strong></p>



<p>Persons convicted under these statutes face significant consequences:</p>



<ul class="wp-block-list">
<li>Health Care Fraud (18 USC § 1347):
<ul class="wp-block-list">
<li>Up to 10 years in prison, fines up to $250,000 (individuals) or $500,000 (organizations).</li>



<li>If serious injury: up to 20 years.</li>



<li>If death results: up to life imprisonment  .</li>
</ul>
</li>



<li>Wire/Mail Fraud (18 USC §§ 1341, 1343):
<ul class="wp-block-list">
<li>Up to 20 years imprisonment (30 years if federally funded program affected).</li>



<li>Fines up to $250,000 (individual), $500,000 (organization).</li>
</ul>
</li>



<li>Conspiracy (18 USC § 1349):
<ul class="wp-block-list">
<li>Equivalent penalties to the underlying crime.</li>
</ul>
</li>



<li>False Statements (18 USC § 1035):
<ul class="wp-block-list">
<li>Up to 5 years imprisonment.</li>
</ul>
</li>



<li>Money Laundering (18 USC § 1956/57):
<ul class="wp-block-list">
<li>Up to 20 years imprisonment; potential mandatory asset forfeiture.</li>
</ul>
</li>



<li>Controlled Substance Distribution (21 USC § 841):
<ul class="wp-block-list">
<li>Varies—could range from 5 years to life, particularly with death or addiction consequences.</li>
</ul>
</li>



<li>False Claims Act liability:
<ul class="wp-block-list">
<li>Civil, but can lead to treble damages plus $11,665–$23,331 per false claim; whistleblowers can receive 15–30% of recoveries  .</li>
</ul>
</li>
</ul>



<p><strong>In Summary</strong></p>



<p>This unprecedented DOJ action marks the largest single-day health care fraud indictment in U.S. history:</p>



<ul class="wp-block-list">
<li>324 defendants spanning medical professionals and criminal networks.</li>



<li>$14.6 billion in intended billing; $2.9 billion confirmed losses.</li>



<li>Schemes included opioid pill mills, telehealth, fraudulent supplies, COVID testing, hospice, and genetic testing.</li>



<li>Charges include health care fraud, wire/mail fraud, conspiracy, false statements, money laundering, and controlled substance violations.</li>



<li>Convictions may bring decades behind bars, hefty fines, restitution, and forfeiture.</li>
</ul>



<p>This operation—dubbed the “2025 National Health Care Fraud Takedown” and part of “Operation Gold Rush”—headlined by high-level prosecutors, accuses a staggering number of people of various frauds against health care programs and allegedly vulnerable patients.  </p>



<p>Matthew Galluzzo is a federal criminal defense attorney practicing in New York and Connecticut federal courts. A former Manhattan prosecutor, he has successfully represented numerous individuals accused of federal health care fraud crimes and wire fraud charges. If you or a loved one have been accused as part of Operation Gold Rush or the 2025 National Health Care Fraud Takedown, you should strongly consider contacting Mr. Galluzzo to discuss his legal services. </p>
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            <item>
                <title><![CDATA[Federal defense attorney for illegal firearm sale charges.]]></title>
                <link>https://www.gjllp.com/blog/federal-defense-attorney-for-illegal-firearm-sale-charges/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/federal-defense-attorney-for-illegal-firearm-sale-charges/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC]]></dc:creator>
                <pubDate>Sun, 25 May 2025 04:28:34 GMT</pubDate>
                
                    <category><![CDATA[And Weapons Possession]]></category>
                
                    <category><![CDATA[criminal defense attorney]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Firearms]]></category>
                
                
                
                
                <description><![CDATA[<p>The illegal sale of firearms is a serious federal offense in the United States, governed by various statutes under Title 18 of the U.S. Code. These laws are enforced by agencies such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Department of Justice (DOJ). Violations can lead to substantial fines and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The illegal sale of firearms is a serious federal offense in the United States, governed by various statutes under Title 18 of the U.S. Code. These laws are enforced by agencies such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Department of Justice (DOJ). Violations can lead to substantial fines and lengthy prison sentences.</p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<h3 class="wp-block-heading" id="h-key-federal-statutes-governing-firearm-sales">🔹 Key Federal Statutes Governing Firearm Sales</h3>



<p><strong>1. 18 U.S.C. § 922(a)(1)(A): Engaging in the Business Without a License</strong></p>



<p>This statute makes it unlawful for any person, except a licensed importer, manufacturer, or dealer, to engage in the business of importing, manufacturing, or dealing in firearms. Violators can face up to five years in federal prison and fines up to $250,000. </p>



<p><strong>2. 18 U.S.C. § 922(a)(6): False Statements During Firearm Transactions</strong></p>



<p>It is illegal to knowingly make false statements or present false identification when purchasing a firearm. This includes providing inaccurate information on ATF Form 4473. Convictions can result in up to ten years of imprisonment</p>



<p><strong>3. 18 U.S.C. § 922(d): Sale to Prohibited Persons</strong></p>



<p>Selling firearms to individuals prohibited from possessing them—such as felons, fugitives, or those with certain mental health conditions—is a federal offense. Penalties can include up to ten years in prison.</p>



<p><strong>4. 18 U.S.C. § 922(k): Possession of Firearms with Altered Serial Numbers</strong></p>



<p>Possessing, transporting, or receiving firearms with removed or altered serial numbers is prohibited. Violators may face up to five years of imprisonment.</p>



<p><strong>5. 18 U.S.C. § 924(c): Use of Firearm in Relation to a Crime</strong></p>



<p>Using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime carries mandatory minimum sentences:</p>



<ul class="wp-block-list">
<li>5 years for possession</li>



<li>7 years if the firearm is brandished</li>



<li>10 years if discharged</li>
</ul>



<p>These sentences run consecutively to any other sentence imposed. </p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<h3 class="wp-block-heading" id="h-penalties-and-sentencing-enhancements">🔹 Penalties and Sentencing Enhancements</h3>



<p>Penalties for illegal firearm sales can be severe, especially when combined with other criminal activities:</p>



<ul class="wp-block-list">
<li><strong>Felon in Possession (18 U.S.C. § 922(g))</strong>: Up to 10 years in prison.</li>



<li><strong>Straw Purchases (18 U.S.C. § 922(a)(6))</strong>: Up to 10 years in prison.</li>



<li><strong>Sale of Illegal Firearms</strong>: Up to 10 years in prison.</li>
</ul>



<p>Mandatory minimum sentences apply in cases involving crimes of violence or drug trafficking. </p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<h3 class="wp-block-heading" id="h-real-world-example-unlicensed-firearm-manufacturing">🔹 Real-World Example: Unlicensed Firearm Manufacturing</h3>



<p>In a notable case, Nicholas DeFelice of Montville, Connecticut, was sentenced to over a year in federal prison for illegally manufacturing and selling firearms without a license. Operating under “DeFelice Defense,” he produced and distributed over 200 firearms. An ATF investigation revealed he sold a custom-made firearm to undercover agents. A search of his residence uncovered numerous unregistered firearms and accessories. <a href="https://www.ctinsider.com/news/article/montville-defelice-prison-illegal-gun-ct-20255740.php?utm_source=chatgpt.com" target="_blank" rel="noreferrer noopener">CT Insider</a></p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<h3 class="wp-block-heading" id="h-conclusion">🔹 Conclusion</h3>



<p>Federal laws strictly regulate the sale and distribution of firearms to ensure public safety. Engaging in unlicensed sales, making false statements during transactions, or selling to prohibited individuals can lead to significant legal consequences, including substantial fines and lengthy imprisonment. Compliance with federal firearm regulations is essential for all individuals and entities involved in firearm transactions.</p>



<p>Matthew Galluzzo is a former Manhattan prosecutor and experienced federal criminal defense attorney. He has successfully represented many people investigated for and accused of federal firearms offenses. If you or a loved one have been accused in New York or Connecticut federal court of unlawfully selling firearms, you should strongly consider engaging Matthew Galluzzo.</p>
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            </item>
        
            <item>
                <title><![CDATA[Galluzzo secures time-served sentence in Brooklyn federal court for client convicted of participating in multimillion-dollar health care fraud conspiracy]]></title>
                <link>https://www.gjllp.com/blog/galluzzo-secures-time-served-sentence-in-brooklyn-federal-court-for-client-convicted-of-participating-in-multimillion-dollar-health-care-fraud-conspiracy/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/galluzzo-secures-time-served-sentence-in-brooklyn-federal-court-for-client-convicted-of-participating-in-multimillion-dollar-health-care-fraud-conspiracy/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Wed, 22 May 2024 14:56:33 GMT</pubDate>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                
                    <category><![CDATA[Federal Criminal Defense Attorney]]></category>
                
                    <category><![CDATA[federal fraud defense attorney]]></category>
                
                    <category><![CDATA[health care fraud defense attorney]]></category>
                
                
                
                <description><![CDATA[<p>This week, Matthew Galluzzo secured an extraordinary sentence for a client in Brooklyn federal court. The client was arrested in 2017 for participating in a multimillion-dollar health care fraud conspiracy. Under the federal sentencing guidelines, he faced well over 11 years in prison for his participation. Nevertheless, he persuaded the court to sentence the client&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>This week, Matthew Galluzzo secured an extraordinary sentence for a client in Brooklyn federal court. The client was arrested in 2017 for participating in a multimillion-dollar health care fraud conspiracy. Under the federal sentencing guidelines, he faced well over 11 years in prison for his participation. Nevertheless, he persuaded the court to sentence the client to time served, equating to one day in custody, without any further probation or supervision whatsoever. The client was absolutely thrilled with the result. At sentencing, the federal judge cited Mr. Galluzzo’s strong sentencing advocacy as a reason for her decision, especially his written sentencing submission. </p> <p>If you or a loved one have been arrested or accused of federal wire fraud or health care fraud, you should strongly consider contacting Matthew Galluzzo about possible representation. He is well respected by the federal judges in New York and consistently delivers excellent results for his client. This particular result was extraordinary under the circumstances, as the client faced over a decade of possible prison time. </p>  ]]></content:encoded>
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            <item>
                <title><![CDATA[U.S. Senator Bob Menendez and his wife accused of corruption in federal indictment.]]></title>
                <link>https://www.gjllp.com/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Wed, 04 Oct 2023 10:54:00 GMT</pubDate>
                
                    <category><![CDATA[Conspiracy]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law National]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[News Media]]></category>
                
                    <category><![CDATA[White Collar Crime]]></category>
                
                
                    <category><![CDATA[18 USC 1349]]></category>
                
                    <category><![CDATA[18 USC 1951]]></category>
                
                    <category><![CDATA[18 USC 201b1a]]></category>
                
                    <category><![CDATA[Bribery]]></category>
                
                    <category><![CDATA[Conspiracy]]></category>
                
                    <category><![CDATA[Conspiracy to Commit Extortion Under Color of Right]]></category>
                
                    <category><![CDATA[Fred Daibes]]></category>
                
                    <category><![CDATA[Honest Services Fraud]]></category>
                
                    <category><![CDATA[Jose Uribe]]></category>
                
                    <category><![CDATA[Nadine Menendez]]></category>
                
                    <category><![CDATA[Senator Menendez]]></category>
                
                    <category><![CDATA[Will Hana]]></category>
                
                
                
                <description><![CDATA[<p>On September 22, following an investigation conducted since 2018 by the FBI, Republican Senator Bob Menendez and his wife Nadine Menendez were charged with federal bribery offenses. According to the indictment filed in the Southern District of New York, Bob and Nadine Menendez were bribed by three Egyptian businessmen: Will Hana, Jose Uribe and Fred&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>On September 22, following an investigation conducted since 2018 by the FBI, Republican Senator Bob Menendez and his wife Nadine Menendez were charged with federal bribery offenses.</p> <p>According to the indictment filed in the Southern District of New York, Bob and Nadine Menendez were bribed by three Egyptian businessmen: Will Hana, Jose Uribe and Fred Daibes. The latter allegedly offered the couple several hundred thousand dollars in exchange for economic protection of their interests.</p> <p>A years-long bribery scheme between the co-defendants allegedly led the senator heading the Senate Foreign Relations Committee to use his influence to promote arms exports to Egypt in exchange for bribes that benefited him directly and indirectly through his wife.</p> <p>Robert Menendez and his wife are charged with several federal offences: Conspiracy to Commit Bribery<a href="/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/#_ftn1">[1]</a>, Conspiracy to Commit Honest Services Fraud<a href="/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/#_ftn2">[2]</a> and Conspiracy to Commit Extortion Under Color of Official Right<a href="/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/#_ftn3">[3]</a>.</p> <p>Specifically, according to the indictment, Robert Menendez used his influence to provide the US government with sensitive information to help the Egyptian army. Robert Menendez also allegedly advised and pressured a US Department of Agriculture official to protect a commercial monopoly granted to Mr. Wael Hana by Egypt.</p> <p>In addition, Bob Menendez allegedly promised to use his influence and power in seeking to interfere in a criminal investigation initiated by the New Jersey Attorney General’s office concerning Jose Uribe, one of the co-defendants who offered a Mercedes-Benz C-300 to Nadine Menendez.</p> <p>Finally, Robert Menendez allegedly used his influence by recommending President Joe Biden to appoint an individual to the position of U.S. Attorney for the District of New Jersey, potentially allowing Bob Menendez to interfere with the federal criminal prosecution of Fred Daibes, another co-defendant.</p> <p>In June 2022, the FBI executed a search warrant in the couple’s house in New Jersey. The FBI reportedly found the alleged benefits of the bribery scheme : a luxury vehicle, household furnishings, over $480,000 in cash, much of it slipped into envelopes and hidden in clothing. Over $70,000 was also found in Nadine Menendez’s safe. Some of the envelopes contained Fred Daibe’s fingerprints and/or the DNA of his driver. Other envelopes were found in jackets bearing the name “Menendez” and hanging in his closet.</p> <p>At a press conference, the U.S. Attorney for the Southern District of New York, Damian Williams, pointed out that the senator’s official website explicitly details the list of services he could not ethically provide to his constituents under any circumstances : <em>“Compel an agency to act in your favor or speed up the processing of your case”, “reverse or influence decisions made by private companies”, “intervene in court cases…”.</em></p> <p>The senator entered his not-guilty plea in federal court in New York on Wednesday, 28<sup>th</sup> of September.</p> <p>Sen. Menendez, is facing three different counts, each of which carries serious potential penalties. In addition to significant financial penalties, the first count of conspiracy to commit bribery carries a maximum sentence of five years in prison, the count of conspiracy to commit honest service carries a maximum sentence of 20 years in prison, and the last count of conspiracy to commit extortion under color of official right carries a maximum sentence of 20 years in prison.</p> <p>This article was written by Marie-Lou Serna, of the Law Office of Matthew Galluzzo PLLC, with the assistance of Matthew Galluzzo.</p> <p><a href="/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/#_ftnref1">[1]</a> In violation of Title 18, United States Code, Section 201(b)(1)(A) and (C)</p> <p><a href="/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/#_ftnref2">[2]</a> In violation of Title 18, United States Code, Section 1349</p> <p><a href="/blog/u-s-senator-bob-menendez-and-his-wife-accused-of-corruption-in-federal-indictment/#_ftnref3">[3]</a> In violation of Title 18, United States Code, Section 1951.</p> ]]></content:encoded>
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            <item>
                <title><![CDATA[French developer Aurélien Michel is charged with Fraud for alleged $ 2.9 million NFT rug pull]]></title>
                <link>https://www.gjllp.com/blog/french-developer-aurelien-michel-is-charged-with-fraud-for-alleged-2-9-million-nft-rug-pull/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/french-developer-aurelien-michel-is-charged-with-fraud-for-alleged-2-9-million-nft-rug-pull/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Mon, 18 Sep 2023 16:41:00 GMT</pubDate>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Fraud and Corruption]]></category>
                
                
                    <category><![CDATA[18 USC 1343]]></category>
                
                    <category><![CDATA[Federal Crime]]></category>
                
                    <category><![CDATA[French Speaking Defense Lawyer]]></category>
                
                    <category><![CDATA[Wire Fraud]]></category>
                
                
                
                <description><![CDATA[<p>French developer Aurélien Michel is charged with Fraud for alleged $ 2.9 NFT’s rug pull On January 4, 2023, French footballer, Aurélien Michel, was arrested by US authorities as he passed through JFK airport. He was immediately taken into custody and brought before a federal judge in Brooklyn, where he was arraigned on a complaint&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>French developer Aurélien Michel is charged with Fraud for alleged $ 2.9 NFT’s rug pull</strong></p>



<p>On January 4, 2023, French footballer, Aurélien Michel, was arrested by US authorities as he passed through JFK airport.</p>


<div class="wp-block-image">
<figure class="aligncenter size-full"><img loading="lazy" decoding="async" width="768" height="480" src="/static/2023/09/Image-18-09-2023-a-15.58-768x480-1.jpeg" alt="Image 18 09 2023 a 15.58 768x480" class="wp-image-1652" srcset="/static/2023/09/Image-18-09-2023-a-15.58-768x480-1.jpeg 768w, /static/2023/09/Image-18-09-2023-a-15.58-768x480-1-300x188.jpeg 300w" sizes="auto, (max-width: 768px) 100vw, 768px" /></figure></div>


<p>He was immediately taken into custody and brought before a federal judge in Brooklyn, where he was arraigned on a complaint charging him with being the leader of a scheme involving NFT fraud. He posted bail on February 1, 2023 and has been at liberty in the U.S. since that time. </p>



<p>According to a complaint sworn by an FBI agent, Mr. Michel is accused of “knowingly and intentionally devising a scheme or artifice to defraud individual cryptocurrency holders in order to obtain money or property from them by means of one or more materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such a scheme and artifice, did transmit or cause to be transmitted, by means of wire communication in interstate and foreign commerce, writings, signs, signals, pictures and sounds ». (Title 18, United States Code, Sections 1343, 2 and 3551 et seq.) </p>



<p>In order for him to be found guilty of this crime, the government must prove that:</p>



<ol class="wp-block-list">
<li>The defendant engaged in a scheme to defraud;</li>



<li>The defendant acted with specific intent to defraud;</li>



<li>The scheme resulted, or would result upon completion, in the loss of money, property, and/or honest services;</li>



<li>The defendant utilized the courier, mail services or wires in furtherance of the scheme to defraud. </li>
</ol>



<p>Since April 2022, federal law enforcement officers – in particular, members of the multi-agency Dark Web and Cryptocurrency Task Force – have been investigating a scheme to defraud buyers of NFTs from a collection called “Mutant Ape Planet”, based on the aesthetics of the world-famous and highly prized “Mutant Ape Yacht Club” collection.</p>



<p>The scheme involved soliciting funds from potential buyers, promising them certain benefits before abruptly abandoning the project and keeping the acquired funds. This phenomenon is called a “rug pull” and is well known in the world of cybercrime. </p>



<p>The promised benefits were many and varied: prize draws, exclusive access to other crypto-currency assets and support for a community wallet whose funds would be used to market NFTs.</p>



<p>From January 2022 accounts on social medias platforms such as Twitter and Discord began advertising the NFT “Mutant Ape Planet” project. Messages on social medias described Mutant Ape Planet as a “spin-off collection” of ape-centric NFTs, and directed users to specific websites for more information on the Mutant Ape Planet NFT acquisition, including “mutantapeplanet.com” and a Discord channel for Mutant Ape Planet.</p>



<p>The “mutantapeplanet.com” website presented all the possibilities offered by the purchase of an NFT Mutant Ape Planet and the promise of a vast online marketing campaign designed to highly increase the value of the virtual images. </p>



<p>NFTs, sold on the Ethereum blockchain, cost around $468 each when the collection was launched, based on the price of Ether at the time. </p>



<p>However, once the NFTs had sold out, Aurélien Michel reportedly ceased all communication and withdrew buyers’ funds from the company’s crypto-currency wallets. </p>



<p>According to the US authorities, Aurélien Michel transferred around $2.9 million in crypto-currencies from the buyers to, among other things, asset portfolios controlled by himself. </p>



<p>Subsequently, the only procedural steps taken were orders to continue granted by the magistrate judge overseeing the case at the request of the parties. These various “Orders to continue” can mean several things: </p>



<p>The first possibility is that the parties, i.e. the defendant and the prosecutor, are currently negotiating a “plea”, which is an arrangement enabling Aurélien Michel to plead guilty without having to endure a trial. This type of arrangement is particularly common in the United States. Typically, defendants who plead guilty through a negotiated plea tend to receive more lenient sentences than those who are convicted after jury trials. </p>



<p>The second possibility is that Aurélien Michel’s lawyer, Ira Sorkin (Bernard Madoff’s lawyer, among others), is currently still analyzing the case’s incriminating and exculpatory evidence.</p>



<p>Finally, as permitted by American criminal procedure, it is also possible that Aurélien Michel is a cooperator. This means that, in exchange for a reduced sentence or a more favorable plea bargain, Aurélien Michel would be willing to supply information about co-conspirators in his crime and possibly even testify for the prosecution at the trials of other indicted defendants.</p>



<p>Wire fraud is a federal crime. It is punishable by up to 20 years in prison and a $250,000 fine may also be levied.</p>



<p>The case is USA v. Michel, 1:23-mj-00007, US District Court for the Eastern District of New York (Brooklyn).</p>



<p>Matthew Galluzzo is a federal criminal defense attorney and former Manhattan prosecutor. He speaks fluent French and is a Chevalier in the French National Order of Merit. This article was prepared with the assistance of Marie-Lou Serna, a French trainee lawyer.</p>
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                <title><![CDATA[18 USC 3582(c)(2) – reduction in federal sentences based on August 2023 changes to criminal history category calculations for those who committed crimes while on probation or parole]]></title>
                <link>https://www.gjllp.com/blog/18-usc-3582c2-reduction-in-federal-sentences-based-on-august-2023-changes-to-criminal-history-category-calculations-for-those-who-committed-crimes-while-on-probation-or-parole/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/18-usc-3582c2-reduction-in-federal-sentences-based-on-august-2023-changes-to-criminal-history-category-calculations-for-those-who-committed-crimes-while-on-probation-or-parole/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Fri, 15 Sep 2023 21:54:00 GMT</pubDate>
                
                    <category><![CDATA[Appeals]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law National]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                
                    <category><![CDATA[18 USC 3582]]></category>
                
                    <category><![CDATA[4a1-1]]></category>
                
                    <category><![CDATA[Amendment]]></category>
                
                    <category><![CDATA[Amendment to Criminal History Category]]></category>
                
                    <category><![CDATA[Appeal]]></category>
                
                    <category><![CDATA[Parole]]></category>
                
                    <category><![CDATA[Probation]]></category>
                
                    <category><![CDATA[Reduction In Sentence]]></category>
                
                    <category><![CDATA[Sentencing Guidelines]]></category>
                
                    <category><![CDATA[Two Points]]></category>
                
                    <category><![CDATA[U.S Sentencing Commission]]></category>
                
                    <category><![CDATA[U.S Sentencing Guidelines]]></category>
                
                    <category><![CDATA[Under Criminal Justice Sentence]]></category>
                
                    <category><![CDATA[Ussg]]></category>
                
                
                
                <description><![CDATA[<p>In August 2023, the United States Sentencing Commission decided to change the way that some federal defendants’ criminal history scores are calculated for sentencing purposes. Previously, those found to have committed their crimes while “under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status,” had two points added to&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>In August 2023, <a href="/static/2024/06/202308_RF-retro.pdf" target="_blank" rel="noreferrer noopener">the United States Sentencing Commission decided to change the way that some federal defendants’ criminal history scores are calculated for sentencing purposes.</a> Previously, those found to have committed their crimes while “under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status,” had two points added to their Criminal History category calculation, pursuant to USSG 4A1.1(d). The Sentencing Commission decided that for those defendants with seven or fewer criminal history points, not only would those two points no longer be added, but those who had been previously sentenced with these two points added to their calculation would be allowed to apply for retroactive re-sentencing. (Defendants with seven or more criminal history points will now get one extra point for being “under any criminal justice sentence” at the time of their arrests, instead of two). Basically, those individuals who previously were sentenced based upon Sentencing Guidelines calculations that included these two points in the Criminal History Calculation can now ask their sentencing courts to re-sentence them (beginning in February 2024). Not every defendant sentenced for a crime committed “while under any criminal justice sentence” will necessarily benefit from this amendment, as a one-point or two-point reduction for Criminal History may not necessarily change that person’s Criminal History Category. Moreover, some judges may not think that these amendments justify downward modifications of previously imposed sentences. Nonetheless, every defendant sentenced with these two points included in their sentencing calculation should strongly consider applying for a reduction in their sentence based upon this amendment and 18 USC 3582(2)(c).</p>



<p>Matthew Galluzzo has successfully applied for resentencing in other 18 USC 3582 cases, including modifications of sentences based upon <a href="https://www.supremecourt.gov/DocketPDF/20/20-5758/153957/20200914173943275_PETITION%20FOR%20A%20WRIT%20OF%20CERTIORARI.pdf" target="_blank" rel="noreferrer noopener">US v. Davis and other changes in the law</a>. He is an experienced federal criminal defense attorney and appellate lawyer and he offers a reasonable flat fee for an application to modify a federal sentence. Contact him today to discuss whether such a petition might benefit you or your loved one.</p>
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            <item>
                <title><![CDATA[LOMG gets excellent result in federal narcotics overdose case.]]></title>
                <link>https://www.gjllp.com/blog/lomg-gets-excellent-result-in-federal-narcotics-overdose-case/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/lomg-gets-excellent-result-in-federal-narcotics-overdose-case/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Mon, 19 Jun 2023 18:00:00 GMT</pubDate>
                
                    <category><![CDATA[Controlled Substances]]></category>
                
                    <category><![CDATA[Controlled Substances and Narcotics]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Homicide]]></category>
                
                    <category><![CDATA[Homicide and Murder]]></category>
                
                    <category><![CDATA[Narcotics]]></category>
                
                    <category><![CDATA[Narcotics and Controlled Substance Offenses]]></category>
                
                
                    <category><![CDATA[Criminal Case]]></category>
                
                    <category><![CDATA[Criminal Defense Attorney]]></category>
                
                    <category><![CDATA[District of Connecticut]]></category>
                
                    <category><![CDATA[Eastern District of New York]]></category>
                
                    <category><![CDATA[Fatico Hearing]]></category>
                
                    <category><![CDATA[Fentanyl]]></category>
                
                    <category><![CDATA[Lawyer]]></category>
                
                    <category><![CDATA[New York]]></category>
                
                    <category><![CDATA[Overdose]]></category>
                
                    <category><![CDATA[Sentencing]]></category>
                
                    <category><![CDATA[Sentencing Guidelines]]></category>
                
                    <category><![CDATA[Southern District Of New York]]></category>
                
                
                
                <description><![CDATA[<p>Last week, criminal defense attorney Matthew Galluzzo successfully persuaded a federal judge in Manhattan to sentence his client to a very favorable sentence. The client was guilty of selling fentanyl that led to the overdose death of a customer. Though there was no mandatory minimum for this offense, the Federal Sentencing Guidelines recommended a sentence&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Last week, criminal defense attorney Matthew Galluzzo successfully persuaded a federal judge in Manhattan to sentence his client to a very favorable sentence. The client was guilty of selling fentanyl that led to the overdose death of a customer. Though there was no mandatory minimum for this offense, the Federal Sentencing Guidelines recommended a sentence of between 234 and 240 months in prison (i.e. approximately 20 years). The client had an extensive criminal record including, among other things, two prior felonies for drug trafficking and a conviction for a violent felony assault.</p> <p>Mr. Galluzzo worked with a social worker to describe the client’s extremely difficult upbringing, which included parental abuse, poverty, homelessness, the foster care system, and drug abuse as a pre-teen. Mr. Galluzzo convinced the judge that pursuant to the recent Second Circuit decision in US v. Gibson, the client was not a Career Offender under the Federal Sentencing Guidelines despite his two prior convictions for NY Penal Law Section 220.39, resulting in his classification as a Criminal History Category IV instead of VI. He also convincingly described the overdose as a terrible accident and expressed his client’s remorse to the judge.</p> <p>Ultimately, the Court granted a significant downward variance and gave him a sentence equal to roughly half that recommended by the Sentencing Guidelines, 120 months (10 years). The client was pleased with the result and felt that his voice had been heard. The case was US v. Huertero, 20-cr-580 (ER) before Judge Ramos.</p> <p>If you or a loved one are facing federal narcotics charges resulting in an overdose, you should strongly consider contacting Matthew Galluzzo. A former federal prosecutor, he has experienced litigating against government prosecutors attempting to prove that defendants are responsible for fatal overdoses, and has effectively cross-examined scientific expert witnesses (doctors, toxicologists, pathologists, etc.) on the subject. He also knows how to effectively present requests for merciful treatment from sentencing judges. Give him a call to schedule a consultation.</p> <p>Mr. Galluzzo practices primarily in the New York City area, as well as the federal courts of Connecticut, White Plains (NY), and New Jersey. However, he is also able to defend federal criminal cases in other jurisdictions under certain circumstances.</p> ]]></content:encoded>
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                <title><![CDATA[Matthew Galluzzo comments on Trump and George Santos cases]]></title>
                <link>https://www.gjllp.com/blog/matthew-galluzzo-comments-on-trump-and-george-santos-cases/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/matthew-galluzzo-comments-on-trump-and-george-santos-cases/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Wed, 10 May 2023 18:30:00 GMT</pubDate>
                
                    <category><![CDATA[Current Events in Criminal Law National]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Fraud and Corruption]]></category>
                
                    <category><![CDATA[News Media]]></category>
                
                    <category><![CDATA[Rape and Sex Crimes]]></category>
                
                    <category><![CDATA[Rape and Sexual Assault]]></category>
                
                    <category><![CDATA[Recent Significant New York Decisions]]></category>
                
                    <category><![CDATA[Understanding New York Criminal Law]]></category>
                
                
                    <category><![CDATA[Criminal Defense Attorney]]></category>
                
                    <category><![CDATA[Fraudulent Campaign Organization]]></category>
                
                    <category><![CDATA[George Santos]]></category>
                
                    <category><![CDATA[George Santos Indictment]]></category>
                
                    <category><![CDATA[Illegal Campaign Donations]]></category>
                
                    <category><![CDATA[Money Laundering]]></category>
                
                    <category><![CDATA[Rape Lawsuit]]></category>
                
                    <category><![CDATA[Rape Plaintiff]]></category>
                
                    <category><![CDATA[Rape Victim]]></category>
                
                    <category><![CDATA[Sex Abuse Defendant]]></category>
                
                    <category><![CDATA[Sex Abuse Lawsuit]]></category>
                
                    <category><![CDATA[Sex Abuse Plaintiff]]></category>
                
                    <category><![CDATA[Trump Civil Verdict]]></category>
                
                    <category><![CDATA[Trump Sex Abuse Trial]]></category>
                
                    <category><![CDATA[White Collar Crime]]></category>
                
                
                
                <description><![CDATA[<p>Recently, former prosecutor Matthew Galluzzo appeared on PBS Channel 13 to explain several legal issues relating both the recent verdict in the Trump civil sex abuse trial and the new indictment of Congressman George Santos. Matthew Galluzzo is a former sex crimes prosecutor who now represents both plaintiffs and defendants in civil sex abuse cases.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Recently, former prosecutor Matthew Galluzzo appeared on PBS Channel 13 to explain several legal issues relating both the recent verdict in the Trump civil sex abuse trial and the new indictment of Congressman George Santos.</p>



<p>Matthew Galluzzo is a former sex crimes prosecutor who now represents both plaintiffs and defendants in civil sex abuse cases. He also regularly defends individuals accused of white collar crimes and fraud in federal court.</p>



<p>The link to the<a href="https://www.thirteen.org/metrofocus/2023/05/legal-trouble-rep-george-santos-president-trump-cezk9p/?fbclid=IwAR0L46ndDGNLbkdN065VWwa148ubb0YWMlumwV3Y92RutmATuOdbndLq-u4" target="_blank" rel="noreferrer noopener"> interview is available here</a>.</p>


<div class="wp-block-image">
<figure class="aligncenter size-full"><img loading="lazy" decoding="async" width="300" height="171" src="/static/2023/05/BEST-1.png" alt="Matthew Galluzzo" class="wp-image-1661"/></figure></div>]]></content:encoded>
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                <title><![CDATA[Galluzzo successfully defends clients served with federal grand jury subpoena]]></title>
                <link>https://www.gjllp.com/blog/galluzzo-successfully-defends-clients-served-with-federal-grand-jury-subpoena/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/galluzzo-successfully-defends-clients-served-with-federal-grand-jury-subpoena/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Wed, 29 Mar 2023 17:10:00 GMT</pubDate>
                
                    <category><![CDATA[Crime Victims]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Grand Jury]]></category>
                
                    <category><![CDATA[Subponeas]]></category>
                
                
                    <category><![CDATA[Eastern District of New York]]></category>
                
                    <category><![CDATA[Federal Criminal Defense Attorney]]></category>
                
                    <category><![CDATA[Federal Grand Jury Subpoena]]></category>
                
                    <category><![CDATA[Federal Prosecutor]]></category>
                
                    <category><![CDATA[Immunity]]></category>
                
                    <category><![CDATA[Proffer Agreement]]></category>
                
                    <category><![CDATA[Quarropas Street]]></category>
                
                    <category><![CDATA[Southern District Of New York]]></category>
                
                    <category><![CDATA[Testimony]]></category>
                
                
                
                <description><![CDATA[<p>Mr. Galluzzo, a criminal defense attorney and former New York City prosecutor, recently represented two individuals in separate federal grand jury investigations. The first individual received a grand jury subpoena in connection with an investigation into a fatal shooting. Mr. Galluzzo successfully persuaded federal prosecutors from the Southern District of New York that the client&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Mr. Galluzzo, a criminal defense attorney and former New York City prosecutor, recently represented two individuals in separate federal grand jury investigations. The first individual received a grand jury subpoena in connection with an investigation into a fatal shooting. Mr. Galluzzo successfully persuaded federal prosecutors from the Southern District of New York that the client had a basis to invoke the Fifth Amendment should he be called to testify, and prosecutors agreed to withdraw the subpoena. The second individual received a subpoena to testify about an investigation into several fatal drug overdoses in Westchester County potentially linked to the same drug dealer. Mr. Galluzzo negotiated on behalf of his client, and he was able to answer the prosecutor’s questions informally in his office with the protection of a proffer agreement, instead of under oath and before the grand jury. Both of these clients were relieved not to have to testify in the grand jury and were generally thrilled with the outcome of Mr. Galluzzo’s negotiations.</p> <p>If you or a loved one receives a grand jury subpoena, you need to contact a criminal defense attorney immediately. This subpoena cannot be ignored, but can carry substantial risks for the person who receives it. In some cases, the person receiving the subpoena may be able to assert the Fifth Amendment. In other cases, it may be possible to negotiate immunity from prosecution in exchange for testimony. In other cases, it may be possible to simply answer investigators’ questions without doing so under oath and before a grand jury. In that latter case, it is critical to only speak with an attorney’s assistance and after entering into a proffer agreement. Mr. Galluzzo has represented dozens of witnesses and cooperating witnesses over the years, and understands hos prosecutors think and build cases (as he himself is a former prosecutor). If you have received a grand jury subpoena from a prosecutor in the Southern or Eastern Districts of New York, you should strongly consider contacting him immediately.</p> ]]></content:encoded>
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                <title><![CDATA[Galluzzo secures dismissal of federal misdemeanor charge]]></title>
                <link>https://www.gjllp.com/blog/galluzzo-secures-dismissal-of-federal-misdemeanor-charge/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/galluzzo-secures-dismissal-of-federal-misdemeanor-charge/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Thu, 23 Mar 2023 16:59:00 GMT</pubDate>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                
                    <category><![CDATA[Central Islip Federal Court]]></category>
                
                    <category><![CDATA[Federal Defense Lawyer]]></category>
                
                    <category><![CDATA[Federal Disorderly Conduct]]></category>
                
                    <category><![CDATA[Federal Misdemeanor]]></category>
                
                    <category><![CDATA[Federal Obscenity]]></category>
                
                    <category><![CDATA[Federal Summons]]></category>
                
                    <category><![CDATA[New York]]></category>
                
                
                
                <description><![CDATA[<p>This week, Mr. Galluzzo obtained an excellent result for a client charged with a federal misdemeanor crime in Central Islip (EDNY) federal court. The client, an attorney, was originally issued a summons by a park ranger for allegedly engaging in obscene conduct in a federal park in Fire Island. The summons suggested that he should&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>This week, Mr. Galluzzo obtained an excellent result for a client charged with a federal misdemeanor crime in Central Islip (EDNY) federal court.</p> <p>The client, an attorney, was originally issued a summons by a park ranger for allegedly engaging in obscene conduct in a federal park in Fire Island. The summons suggested that he should resolve the case by paying a fine. However, such a guilty plea through the mail would have resulted in him being convicted of a federal misdemeanor crime. The client instead elected to go to court with Mr. Galluzzo as his counsel.</p> <p>At the first appearance in federal court, Mr. Galluzzo spoke to prosecutors about the client’s exceptional background and the impact that a criminal conviction would have on his future and his career. The prosecutor was thus persuaded to dismiss the criminal charges in exchange for a $50 fine, which the client was happy to pay to resolve the matter.</p> <p>So, rather sustain a permanent and public criminal record by paying the fine, the client had his federal criminal charges dismissed and there will be no public record of the case. If you or a loved one have been issued a summons for a federal misdemeanor, you should strongly consider contacting an experienced criminal defense attorney to assist you. It may seem like no big deal to plead guilty or pay a fine, but the consequences for your criminal record – including your career, your immigration status, and your future – could be jeopardized by such a decision.</p> ]]></content:encoded>
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            <item>
                <title><![CDATA[Galluzzo secures below-Guidelines sentence for federal client in fraud case]]></title>
                <link>https://www.gjllp.com/blog/galluzzo-secures-below-guidelines-sentence-for-federal-client-in-fraud-case/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/galluzzo-secures-below-guidelines-sentence-for-federal-client-in-fraud-case/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Thu, 23 Mar 2023 16:59:00 GMT</pubDate>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Fraud and Corruption]]></category>
                
                    <category><![CDATA[White Collar Crime]]></category>
                
                    <category><![CDATA[Wire Fraud]]></category>
                
                
                    <category><![CDATA[18 USC 1029]]></category>
                
                    <category><![CDATA[Access Device Fraud]]></category>
                
                    <category><![CDATA[Conspiracy]]></category>
                
                    <category><![CDATA[Eastern District of New York]]></category>
                
                    <category><![CDATA[Edny]]></category>
                
                    <category><![CDATA[Federal Criminal Defense]]></category>
                
                    <category><![CDATA[Federal Defense Attorney]]></category>
                
                    <category><![CDATA[Sdny]]></category>
                
                    <category><![CDATA[Southern District Of New York]]></category>
                
                
                
                <description><![CDATA[<p>Mr. Galluzzo recently obtained an excellent result for a client in Brooklyn federal court charged with Conspiracy to Commit Access Device Fraud, in violation of 18 U.S.C. Section 1029(b)(2) and (c)(1)(A)(ii). The client pleaded guilty pursuant to a plea agreement with a sentencing range under the Guidelines of 12-18 months in prison. Following the client’s&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Mr. Galluzzo recently obtained an excellent result for a client in Brooklyn federal court charged with Conspiracy to Commit Access Device Fraud, in violation of 18 U.S.C. Section 1029(b)(2) and (c)(1)(A)(ii). The client pleaded guilty pursuant to a plea agreement with a sentencing range under the Guidelines of 12-18 months in prison. Following the client’s guilty plea, Mr. Galluzzo presented to the federal judge the evidence of the defendant’s background, his immigration to the United States, his family, and his employment history. With a persuasive sentencing memorandum – including supporting documents and letters from the client’s family – Mr. Galluzzo successfully persuaded the federal judge to sentence the client to just over 7 months in prison, instead of the 12-18 months recommended by the Federal Sentencing Guidelines.</p> <p>The truth of the matter is that the vast majority of federal defendants plead guilty. It is important for federal defense attorneys to be skillful in negotiating favorable plea bargains. But even more important for a federal defense attorney is the ability to craft persuasive sentencing arguments. These can make a real difference for federal defendants – sometimes it is the difference between a long sentence and a short sentence, or a sentence of probation instead of a prison sentence.</p> <p>Matthew Galluzzo is a former Manhattan prosecutor and experienced federal criminal defense attorney. If you or a loved one have been charged with a federal crime, you should strongly consider retaining him. His significant experience advocating for defendants in federal court helps him obtain excellent results for his clients.</p> ]]></content:encoded>
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                <title><![CDATA[Another success in federal court for a criminal defense client]]></title>
                <link>https://www.gjllp.com/blog/another-success-in-federal-court-for-a-criminal-defense-client/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/another-success-in-federal-court-for-a-criminal-defense-client/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Tue, 07 Feb 2023 18:50:00 GMT</pubDate>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                
                    <category><![CDATA[Criminal Defense Attorney]]></category>
                
                    <category><![CDATA[Federal Criminal Defense]]></category>
                
                    <category><![CDATA[Homicide]]></category>
                
                    <category><![CDATA[Southern District Of New York]]></category>
                
                
                
                <description><![CDATA[<p>Last Friday, Matthew Galluzzo achieved another great sentencing result for a client in a New York City federal case. The client had pleaded guilty to a long list of violent crimes, including participating in a robbery that resulted in a homicide. Pursuant to the federal Sentencing Guidelines, the client faced a recommended sentence of life.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Last Friday, Matthew Galluzzo achieved another great sentencing result for a client in a New York City federal case. The client had pleaded guilty to a long list of violent crimes, including participating in a robbery that resulted in a homicide. Pursuant to the federal Sentencing Guidelines, the client faced a recommended sentence of life. Taking several other factors into consideration, the Department of Probation recommended that the judge impose a sentence of 96 months, or eight years, instead of the life sentence recommended by the federal Sentencing Guidelines.</p> <p>Mr. Galluzzo submitted a sentencing memorandum that the judge described at sentencing as “very compelling,” and sentenced the client to time served, equivalent to 51 months. The client – who had spent the last 4+ years in various facilities including MCC New York and MDC Brooklyn, was released from the courthouse and went straight home. Obviously, he was elated with the result, which about half of the sentence recommended by Probation and considerably less than that recommended by the Sentencing Guidelines.</p> <p>Most federal defendants plead guilty. Indeed, statistics show that almost 98% of federal defendants plead guilty to some crime. Oftentimes, a defense attorney’s most valuable contribution in a case is at the sentencing phase. There, criminal defense attorneys must make the most persuasive case for leniency. Mr. Galluzzo spends time to really understand his client and his history in order to make the best arguments to the judge. As a result of his hard work, he consistently gets his clients sentences below those recommended by the US Sentencing Guidelines, with this last case being a particularly striking example.</p> <p>If you or a loved one have been charged with a federal crime, you should strongly consider contacting the Law Office of Matthew Galluzzo. Mr. Galluzzo is an experienced former Manhattan prosecutor who specializes in defending federal criminal cases, and he gets exceptional results for them.</p> ]]></content:encoded>
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                <title><![CDATA[Client sentenced to no additional prison time in federal court despite facing 10-16 months under Sentencing Guidelines]]></title>
                <link>https://www.gjllp.com/blog/client-sentenced-to-no-additional-prison-time-in-federal-court-despite-facing-10-16-months-under-sentencing-guidelines/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/client-sentenced-to-no-additional-prison-time-in-federal-court-despite-facing-10-16-months-under-sentencing-guidelines/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Fri, 06 Jan 2023 16:52:00 GMT</pubDate>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Fraud and Corruption]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[18 USC Section 2312]]></category>
                
                    <category><![CDATA[Conspiracy to Transport Stolen Vehicles]]></category>
                
                    <category><![CDATA[Federal Criminal Defense Attorney]]></category>
                
                
                
                <description><![CDATA[<p>Recently, Matthew Galluzzo obtained an excellent result for a client in federal court. One of four co-defendants in a conspiracy to ship stolen cars to Africa, our client was charged with violating 18 USC Section 2312. As alleged in the indictment, the group shipped millions of dollars of stolen and fraudulent-obtained cars to Africa (primarily&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Recently, Matthew Galluzzo obtained an excellent result for a client in federal court. One of four co-defendants in a conspiracy to ship stolen cars to Africa, our client was charged with violating 18 USC Section 2312. <a href="/static/2024/06/Barnes-indictment.pdf">As alleged in the indictment, the group shipped millions of dollars of stolen and fraudulent-obtained cars to Africa</a> (primarily Ghana). Galluzzo’s client pleaded guilty and faced a <a href="https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-5" target="_blank" rel="noopener noreferrer">sentencing range of 10-16 months under the Federal Sentencing Guidelines (offense level 12 and Criminal History Category I</a>).</p>



<p>Mr. Galluzzo submitted to the court a detailed sentencing memorandum describing the client’s difficult upbringing and hard work providing for his family. Mr. Galluzzo submitted character letters from the client’s family, friends and pastor in support of his good character and reputation. The court reviewed these submissions and, after a sentencing hearing in the Southern District of New York, decided not to impose an additional prison sentence upon him. The client will be on supervised release and able to continue with his current employment. (The client spent about six days in prison before arranging for the posting of his bail at the outset of the case and following his arrest.)</p>



<p>In addition, the client could have been subject to millions of dollars in restitution, meaning he might have been ordered to pay back money to the conspiracy’s victims to compensate them for the crimes. However, Mr. Galluzzo argued to the Court that such an award would have been unfair in his client’s case, given his minor role in the offense and his limited finances. The Court agreed not to impose any forfeiture or restitution penalties, as well.</p>



<p>If you or a loved one have been arrested for a felony crime relating to fraud or larceny, you should strongly consider contacting Mr. Matthew Galluzzo, an experienced criminal defense attorney and former Manhattan prosecutor. He gets excellent results for his clients through persuasive advocacy and compassionate representation.</p>
]]></content:encoded>
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            <item>
                <title><![CDATA[Wire fraud charges for founder of Mutant Ape NFT (non-fungible token)]]></title>
                <link>https://www.gjllp.com/blog/wire-fraud-charges-for-founder-of-mutant-ape-nft-non-fungible-token/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/wire-fraud-charges-for-founder-of-mutant-ape-nft-non-fungible-token/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Fri, 06 Jan 2023 15:26:00 GMT</pubDate>
                
                    <category><![CDATA[Current Events in Criminal Law National]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Fraud and Corruption]]></category>
                
                    <category><![CDATA[News Media]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Aurelien Michel]]></category>
                
                    <category><![CDATA[Cryptocurrency Crime]]></category>
                
                    <category><![CDATA[Eastern District of New York]]></category>
                
                    <category><![CDATA[Federal Criminal Defense]]></category>
                
                    <category><![CDATA[French Defense Attorney]]></category>
                
                    <category><![CDATA[French Speaking Defense Lawyer]]></category>
                
                    <category><![CDATA[NFT Crime]]></category>
                
                    <category><![CDATA[Non Fungible Tokens]]></category>
                
                    <category><![CDATA[White Collar Lawyer]]></category>
                
                
                
                <description><![CDATA[<p>This week, American law enforcement officers arrested Aurelien Michel, a French national living in the UAE, as he passed through JFK International Airport in New York City. He has since been arraigned before a federal magistrate judge in the Eastern District of New York (Brooklyn) on federal wire fraud charges, pursuant to 18 USC Section&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>This week, <a href="https://www.justice.gov/usao-edny/pr/non-fungible-token-nft-developer-charged-multi-million-dollar-international-fraud" target="_blank" rel="noreferrer noopener">American law enforcement officers arrested Aurelien Michel</a>, a French national living in the UAE, as he passed through JFK International Airport in New York City. He has since been arraigned before a federal magistrate judge in the Eastern District of New York (Brooklyn) on federal wire fraud charges, pursuant to 18 USC Section 1343. <a href="/static/2024/06/Aurelien-Michel-plainte.pdf" target="_blank" rel="noreferrer noopener">A complaint unsealed in federal court</a> alleges that Mr. Michel advertised and marketed a series of Mutant Ape NFTs (non-fungible tokens) and collected nearly three million dollars in sales of various cryptocurrencies from numerous buyers and investors. However, it is further alleged that Mr. Michel never delivered the NFTs to his investors, but instead transferred this money to various accounts controlled by him. The complaint alleges that he later apologized on the platform Discord for the “rug pull” (i.e. a slang term for failing to deliver after receiving funds) because the community had become too “toxic.”</p>



<p>It would appear from the complaint that Mr. Michel has an obvious defense that he did not intend to defraud anyone, and that he fully intended to give his customers their NFTs eventually. He may have received the funds and then encountered difficulty in acquiring the NFTs for his customers due to volatile market conditions or other issues.</p>



<p>It is always difficult to estimate sentencing exposure at this stage of a criminal case, but preliminary estimates might suggest the following for Mr. Michel:</p>



<p><a href="https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-2-c#NaN" target="_blank" rel="noreferrer noopener">Under the federal sentencing guidelines, the base offense level for a wire fraud is usually 6</a>.</p>



<p>For cases involving the alleged theft of over $1.5 million dollars, the sentencing guidelines require that 16 levels be added, resulted in an offense level of 22.</p>



<p>Where there are more than 10 victims of a fraud scheme (or the scheme involves mass-marketing), the guidelines require an additional two offense levels, resulting in a level 24. USSG 2B1.1(b)(2).</p>



<p>There might be an additional two levels relating to the fact that the fraud occurred in a foreign jurisdiction (USSG 2B1.1(b)(10)), but that is unclear.</p>



<p>So, if Mr. Michel is convicted at trial, assuming he has no criminal history (i.e. Criminal History Category I), his sentencing guidelines range would be 51-63 months, or about 4-5 years in prison. Judges use a Sentencing Table promulgated by the Sentencing Commission – <a href="https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-5" target="_blank" rel="noreferrer noopener">see here</a>.</p>



<p>If he pleaded guilty prior to trial, Mr. Michel would likely receive a reduction of 3 levels for acceptance of responsibility, resulting in an offense level of 21 and a range of 37-46 months (3-4 years).</p>



<p>However, there is no mandatory minimum sentence in this case, meaning that he could theoretically be convicted and receive a sentence of time served followed by supervised release.</p>



<p>Mr. Michel would likely be ordered to pay restitution to his victims equal to the amount of their losses, and, if he is not a citizen of the United States, then he would be almost certainly deported following his prison sentence and unable to ever return to the United States (inadmissible).</p>



<p><a href="/lawyers/matthew-j-galluzzo/" target="_blank" rel="noreferrer noopener">Matthew Galluzzo is an experienced criminal defense attorney and former Manhattan prosecutor</a>. He specializes in the defense of federal criminal cases in New York City. <a href="http://www.droitpenal.nyc/" target="_blank" rel="noreferrer noopener">He also speaks fluent French and has been knighted by the nation of France for his zealous defense of French nationals accused of crimes in the United States and his service to the French Consulate of New York City</a>.</p>



<p>If you or a loved one have been arrested or accused of a federal crime involving wire fraud charges, you should strongly consider contacting Matthew Galluzzo. He has achieved excellent results for many clients accused of these crimes in New York City federal courts and may be able to assist you as well.</p>
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                <title><![CDATA[Federal wire fraud and money laundering charges involving cryptocurrency Ponzi schemes]]></title>
                <link>https://www.gjllp.com/blog/federal-wire-fraud-and-money-laundering-charges-involving-cryptocurrency-ponzi-schemes/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/federal-wire-fraud-and-money-laundering-charges-involving-cryptocurrency-ponzi-schemes/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Wed, 14 Dec 2022 16:05:00 GMT</pubDate>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Fraud and Corruption]]></category>
                
                    <category><![CDATA[Larceny and Shoplifting]]></category>
                
                    <category><![CDATA[News Media]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[18 USC 1343]]></category>
                
                    <category><![CDATA[18 USC 1956]]></category>
                
                    <category><![CDATA[Conspiracy]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Criminal Lawyer]]></category>
                
                    <category><![CDATA[Cryptocurrency]]></category>
                
                    <category><![CDATA[Defense Attorney]]></category>
                
                    <category><![CDATA[Federal Crimes]]></category>
                
                    <category><![CDATA[Forcount]]></category>
                
                    <category><![CDATA[Icomtech]]></category>
                
                    <category><![CDATA[Money Laundering]]></category>
                
                    <category><![CDATA[Ponzi Scheme]]></category>
                
                    <category><![CDATA[Southern District Of New York]]></category>
                
                    <category><![CDATA[White Collar Crime]]></category>
                
                    <category><![CDATA[Wire Fraud]]></category>
                
                
                
                <description><![CDATA[<p>On December 14, federal prosecutors in Manhattan announced two new indictments against several individuals accused of conspiring to commit wire fraud and money laundering through alleged phony cryptocurrency schemes called Forcount and IcomTech. These cases present interesting challenges for both prosecutors and defense attorneys, however, because of the high volatility of the cryptocurrency market and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>On December 14, federal prosecutors in Manhattan announced <a href="https://www.justice.gov/usao-sdny/pr/us-attorney-announces-fraud-and-money-laundering-charges-against-founders-and-promoters" target="_blank" rel="noopener noreferrer">two new indictments against several individuals accused of conspiring to commit wire fraud and money laundering through alleged phony cryptocurrency schemes</a> called Forcount and IcomTech. These cases present interesting challenges for both prosecutors and defense attorneys, however, because of the high volatility of the cryptocurrency market and the oftentimes lax regulation of the industry.</p> <p><a href="https://www.justice.gov/usao-sdny/press-release/file/1557746/download" target="_blank" rel="noopener noreferrer">The allegations in these cases</a> suggest that the defendants used the public enthusiasm and fervor around cryptocurrency investing to run what amounted to a Ponzi scheme with a crypto appearance. The defendants allegedly went to crypto conventions and investor events and flashed conspicuous wealth in order to persuade people to invest in their cryptocurrencies. The defendants allegedly used a software platform to allow investors to see their investments growing, but the defendants would not allow the investors to withdraw funds. Meanwhile, these defendants allegedly used the investor funds for their own purposes and spent the money lavishly.</p> <p>The defendants might argue that there was in fact a real cryptocurrency investment that simply failed, as so many cryptocurrencies have. (Some reputable economists might even argue that the entire cryptocurrency industry is, at base, a Ponzi scheme in and of itself.) Prosecutors will use bank records and other evidence to show that these investor accounts ran dry because they were emptied by the defendants.</p> <p>The charges here are predominately conspiracies to commit Wire Fraud (18 USC 1343) and Money Laundering (18 USC 1956(h)). A person commits wire fraud, basically, when he or she commits fraud using the internet or a telephone system. Money laundering involves taking stolen money (or proceeds from an illegal activity) and knowingly converting it into another form or depositing it into a bank account, for example.</p> <p>The defendants face significant potential prison sentences. Generally, the penalties for wire fraud and money laundering depend largely on the amount of money stolen. However, the penalties can increase significantly where there are many victims, or when a person acts as a manager of others in the criminal conspiracy, or when the person has a criminal record. In addition to prison penalties, the defendants, if convicted, can expect to owe their victims significant amounts in restitution.</p> <p>Matthew Galluzzo is an experienced criminal defense attorney and former Manhattan prosecutor. He has successfully represented many individuals accused of federal wire fraud and money laundering and understands how prosecutors investigate and build their cases. If you or a loved one have been accused of wire fraud in federal court, you should strongly consider contacting him today to discuss his potential representation.</p> ]]></content:encoded>
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                <title><![CDATA[Prosecutions for federal fraud cases involving COVID-relief funds, SBA, and Paycheck Protection Program (PPP)]]></title>
                <link>https://www.gjllp.com/blog/prosecutions-for-federal-fraud-cases-involving-covid-relief-funds-sba-and-paycheck-protection-program-ppp/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/prosecutions-for-federal-fraud-cases-involving-covid-relief-funds-sba-and-paycheck-protection-program-ppp/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Mon, 12 Dec 2022 13:12:00 GMT</pubDate>
                
                    <category><![CDATA[Current Events in Criminal Law National]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Fraud and Corruption]]></category>
                
                    <category><![CDATA[White Collar Crime]]></category>
                
                    <category><![CDATA[Wire Fraud]]></category>
                
                
                    <category><![CDATA[18 USC 1343]]></category>
                
                    <category><![CDATA[Covid Fraud]]></category>
                
                    <category><![CDATA[Covid Money]]></category>
                
                    <category><![CDATA[Covid Relief]]></category>
                
                    <category><![CDATA[False Business Revenue]]></category>
                
                    <category><![CDATA[Federal Criminal Case]]></category>
                
                    <category><![CDATA[Federal Criminal Lawyer]]></category>
                
                    <category><![CDATA[Federal Defense Attorney]]></category>
                
                    <category><![CDATA[Federal Wire Fraud]]></category>
                
                    <category><![CDATA[Fraudulent Applications for Funds]]></category>
                
                    <category><![CDATA[Paycheck Protection Program]]></category>
                
                    <category><![CDATA[Sba Loans]]></category>
                
                    <category><![CDATA[Wire Fraud]]></category>
                
                
                
                <description><![CDATA[<p>Recently Manhattan federal prosecutors announced the arrests of 17 individuals for allegedly defrauding the federal government’s Small Business Administration (SBA) COVID-relief program called the Paycheck Protection Program. In a nutshell, these individuals are accused of wire fraud for purportedly applying for small business relief funds on behalf of small businesses (or sole proprietorships) that either&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Recently Manhattan federal prosecutors announced t<a href="https://www.justice.gov/usao-sdny/pr/seventeen-new-york-city-and-state-public-employees-charged-fraudulently-obtaining" target="_blank" rel="noopener noreferrer">he arrests of 17 individuals for allegedly defrauding the federal government’s Small Business Administration (SBA) COVID-relief program called the Paycheck Protection Program</a>. In a nutshell, these individuals are accused of wire fraud for purportedly applying for small business relief funds on behalf of small businesses (or sole proprietorships) that either did not exist or did not generate the revenues described in their loan applications.</p> <p>For many small businesses, the SBA’s various COVID-relief programs, including the Paycheck Protection Program, were critical in helping those businesses survive the once-in-a-generation economic downturn created by the pandemic. However, the fraudulent abuses of the program have become almost legendary and have recently been the subject of many Congressional inquiries.</p> <p>The Department of Justice this year launched a task force to prosecute – at the federal level – crimes involving abuse of the COVID relief programs. So, one should expect to see more such prosecutions launched against individuals in the near future.</p> <p>Wire fraud is a very common federal charge prosecuted under 18 U.S.C. Section 1343. Basically, it makes it a federal felony to commit fraud using the telephone or the internet. So, submitting a false application for COVID relief funds online through the government’s portal would certainly qualify as an act of wire fraud. The penalties for this offense depend primarily on the amount of money defrauded from the victim and the criminal record of the defendant, though other factors can increase the potential penalties as well. These 17 individuals recently charged in Manhattan could all be facing potential jail sentences for their alleged offenses.</p> <p>The lawyers at The Law Office of Matthew Galluzzo PLLC have successfully defended several individuals accused of federal wire fraud charges. If you have been arrested or charged with such an offense, you should strongly consider contacting them to defend you. It might be possible to argue that yourself did not submit the application, and/or that you relied on someone else’s advice in preparing the application. There could be reasonable disagreement about the nature of the business at issue in the loan application, too. To be sure, these cases are not indefensible.</p> ]]></content:encoded>
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            <item>
                <title><![CDATA[Federal narcotics importation charges – 21 USC 952 and 960.]]></title>
                <link>https://www.gjllp.com/blog/federal-narcotics-importation-charges-21-usc-952-and-960/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/federal-narcotics-importation-charges-21-usc-952-and-960/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Tue, 06 Dec 2022 16:05:00 GMT</pubDate>
                
                    <category><![CDATA[Controlled Substances]]></category>
                
                    <category><![CDATA[Controlled Substances and Narcotics]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[21 USC 952]]></category>
                
                    <category><![CDATA[21 USC 960]]></category>
                
                    <category><![CDATA[Cocaine]]></category>
                
                    <category><![CDATA[Crack Cocaine]]></category>
                
                    <category><![CDATA[Crystal Meth]]></category>
                
                    <category><![CDATA[Crystal Methamphetamine Defense Attorney]]></category>
                
                    <category><![CDATA[Ecstasy]]></category>
                
                    <category><![CDATA[Federal Controlled Substance Crimes]]></category>
                
                    <category><![CDATA[Federal Importation Crimes]]></category>
                
                    <category><![CDATA[Federal Narcotics Laws]]></category>
                
                    <category><![CDATA[Fentanyl]]></category>
                
                    <category><![CDATA[Heroin]]></category>
                
                    <category><![CDATA[Ketamine]]></category>
                
                    <category><![CDATA[Lean]]></category>
                
                    <category><![CDATA[Marijuana]]></category>
                
                    <category><![CDATA[MDMA]]></category>
                
                    <category><![CDATA[Methamphetamine]]></category>
                
                    <category><![CDATA[Narcotics Crimes]]></category>
                
                    <category><![CDATA[Oxycodone]]></category>
                
                    <category><![CDATA[Oxycontin]]></category>
                
                    <category><![CDATA[Percocet]]></category>
                
                    <category><![CDATA[Suboxone]]></category>
                
                
                
                <description><![CDATA[<p>Most defendants charged with narcotics trafficking in federal court are charged with violations of 21 U.S.C. Section 841 and 846. The potential penalties for those offenses generally depend upon the type of narcotic at issue, the quantity trafficked, and whether anyone died as a result of consuming those narcotics. A similar federal statute relates to&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Most defendants charged with narcotics trafficking in federal court are charged with violations of <a href="/blog/federal-drug-narcotics-conspiracy-charges-21-usc-841-and-21-usc-846/">21 U.S.C. Section 841 and 846</a>. The potential penalties for those offenses generally depend upon <a href="/blog/federal-drug-narcotics-conspiracy-charges-21-usc-841-and-21-usc-846/">the type of narcotic at issue, the quantity trafficked</a>, and <a href="/blog/defending-against-federal-drug-overdose-cases-21-usc-841/">whether anyone died as a result of consuming those narcotics</a>.</p> <p>A similar federal statute relates to the importation of narcotics into the country from outside the country. <a href="https://www.law.cornell.edu/uscode/text/21/952" target="_blank" rel="noopener noreferrer">21 U.S.C. Section 952 makes it a federal felony to import controlled substances from any place outside of the United States</a>. <a href="https://www.law.cornell.edu/uscode/text/21/960" target="_blank" rel="noopener noreferrer">The maximum and minimum penalties for committing these crimes are set forth in 21 U.S.C. Section 960, and again generally depend upon the type and quantity of narcotic imported into the United States, and whether anyone died as a result of those narcotics</a>.</p> <p>A person does not have to be physically transporting narcotics to be guilt of this crime. Federal prosecutors routinely pursue people for conspiring with others to commit this crime, such that one defendant might be accused of physically transporting narcotics while other members of the members of the conspiracy play different roles in the planning and delivery of the narcotics or its proceeds. Indeed, these <a href="https://www.law.cornell.edu/uscode/text/21/846" target="_blank" rel="noopener noreferrer">crimes are frequently charged along with 21 U.S.C. 846</a>, the conspiracy statute.</p> <p>Indictments accusing individuals of these crimes may be the result of long-term investigations into narcotics trafficking, by federal agents and undercover informants. Sometimes, however, a defendant simply discovered and arrested at the border with narcotics in his vehicle might also be prosecuted in federal court. These cases also sometimes begin with arrests by U.S. Customs at airports who find narcotics in passenger luggage.</p> <p>Defendants in these cases might be able to prove that they were unaware that they were being used to transport narcotics, or act as unwitting mules. In other cases, they might have played a minor role worthy of a sentencing reduction. <a href="https://nysd.uscourts.gov/programs/young-adult-opportunity-program" target="_blank" rel="noopener noreferrer">Some young offenders may be eligible for federal diversionary programs to avoid prison or the lifelong stain of a conviction</a>.</p> <p>For defendants with no such defense, it is critical that they have an experienced criminal defense attorney who can advocate for leniency from the judge and prosecutors. Some defendants in these cases have drug addictions that caused them to become involved in a criminal conspiracy. Others might be controlled or abused by their boyfriends or husbands. In these cases, Matthew Galluzzo tries to really get to know his clients so that he can best present them as human beings to the presiding judges.</p> <p>Indeed, Matthew Galluzzo has successfully defended many individuals charged with federal narcotics crimes, including 21 U.S.C. 952 and 960. If you or a loved one have been arrested or charged with such a crime, or conspiring to commit one, you should contact Matthew Galluzzo immediately. Matthew Galluzzo has represented individuals charged in federal court with trafficking cocaine, crack-cocaine, heroin, methamphetamine, GHB, MDMA (ecstasy), crystal methamphetamine, ketamine, fentanyl, marijuana, suboxone, prescription medication (Oxycontin, Oxycodone, Percocet, etc.), “Lean,” and other controlled substances. Matthew Galluzzo has also represented individuals accused of trafficking narcotics on the Dark Web.</p> <p><em>Matthew Galluzzo parle francais. En fait, il est chevalier dans l’Ordre National du Merite, a cause de son travail comme Avocat en Droit Penal aupres du Consulat General de France a New York. </em></p> ]]></content:encoded>
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                <title><![CDATA[Prosecution of Doctors and Pharmacists for Oxycodone and Pill Diversion]]></title>
                <link>https://www.gjllp.com/blog/prosecution-of-doctors-and-pharmacists-for-oxycodone-and-pill-diversion/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/prosecution-of-doctors-and-pharmacists-for-oxycodone-and-pill-diversion/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Tue, 25 Oct 2022 13:22:00 GMT</pubDate>
                
                    <category><![CDATA[Controlled Substances]]></category>
                
                    <category><![CDATA[Controlled Substances and Narcotics]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                
                    <category><![CDATA[21 USC 841]]></category>
                
                    <category><![CDATA[21 USC 846]]></category>
                
                    <category><![CDATA[Conspiracy]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Doctor]]></category>
                
                    <category><![CDATA[Doctor A]]></category>
                
                    <category><![CDATA[Federal Indictment]]></category>
                
                    <category><![CDATA[Fentanyl]]></category>
                
                    <category><![CDATA[Opioid Distribution]]></category>
                
                    <category><![CDATA[Oxycodone]]></category>
                
                    <category><![CDATA[Pharmacist]]></category>
                
                
                
                <description><![CDATA[<p>Recently, federal prosecutors in Brooklyn brought an indictment against eight individuals – including a medical doctor, three pharmacists, and several members of the doctor’s staff – for their alleged operation of a $24 million oxycodone ring that illegally diverted over 1.2 million pills. Prosecutors are motivated to bring these sorts of criminal charges because of&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Recently, federal prosecutors in Brooklyn brought an indictment against eight individuals – including a medical doctor, three pharmacists, and several members of the doctor’s staff – for their alleged operation of a $24 million oxycodone ring that illegally diverted over 1.2 million pills. Prosecutors are motivated to bring these sorts of criminal charges because of the rapid and terrifying national rise in fatal opioid overdoses. <a href="https://www.justice.gov/usao-edny/press-release/file/1541926/download" target="_blank" rel="noopener noreferrer">The charges against the defendants include conspiracies to distribute narcotics (21 USC 846 and 841(b)(1)(C)) and money laundering, for concealing and structuring the illegal kickbacks and payments for the narcotics.</a> In short, the defendant doctor is alleged to have written unnecessary prescriptions that were filled by the defendant pharmacists in exchange for illegal kickbacks, and employees of the doctor and pharmacist laundered these illegal proceeds. Presumably, a cooperating witness revealed the scheme to law enforcement, but that remains unclear.</p> <p>These charges carry significant potential jail sentences, as well as enormous possible money forfeitures. If it is shown that anyone died as a result of an overdose from one of these illegally distributed pills, then the defendants could easily be facing sentences in excess of ten years or more.</p> <p>The Law Office of Matthew Galluzzo PLLC has significant experience representing alleged narcotics traffickers in federal court, especially in cases involving opioids and fentanyl. If you or a loved one are a doctor, pharmacist, or other alleged to have participated in an doctor-centered scheme to distribute narcotics, you should strongly consider contacting the Law Office of Matthew Galluzzo PLLC. Their lead counsel has had success representing defendants accused of these crimes and has obtained good results.</p> ]]></content:encoded>
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                <title><![CDATA[Crystal Methamphetamine Defense Attorney]]></title>
                <link>https://www.gjllp.com/blog/crystal-methamphetamine-defense-attorney/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/crystal-methamphetamine-defense-attorney/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Mon, 08 Aug 2022 14:31:00 GMT</pubDate>
                
                    <category><![CDATA[Controlled Substances]]></category>
                
                    <category><![CDATA[Controlled Substances and Narcotics]]></category>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                
                    <category><![CDATA[21 USC 841]]></category>
                
                    <category><![CDATA[21 USC 846]]></category>
                
                    <category><![CDATA[Penal Law 220 16]]></category>
                
                    <category><![CDATA[Penal Law 220 18]]></category>
                
                    <category><![CDATA[Penal Law 220 34]]></category>
                
                    <category><![CDATA[Penal Law 220 39]]></category>
                
                    <category><![CDATA[Penal Law 220 41]]></category>
                
                
                
                <description><![CDATA[<p>Crystal Methamphetamine Defense Attorney Crystal methamphetamine is a frequent target of law enforcement in New York. The simple possession of a small (personal use) quantity is typically prosecuted in state court as a misdemeanor pursuant to NY Penal Law Section 220.03. The possession or trafficking of very large quantities of crystal methamphetamine is oftentimes prosecuted&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Crystal Methamphetamine Defense Attorney</p> <p>Crystal methamphetamine is a frequent target of law enforcement in New York. The simple possession of a small (personal use) quantity is typically prosecuted in state court as a misdemeanor pursuant to NY Penal Law Section 220.03. The possession or trafficking of very large quantities of crystal methamphetamine is oftentimes prosecuted in federal court pursuant to 21 U.S.C. Sections 846 and 841, and can carry significant mandatory minimum penalties depending upon the quantity and the defendant’s criminal record. These federal charges also typically involve presumptive pre-trial detention, meaning that it may be difficult if not impossible to secure a defendant’s release pending trial. Larger-scale trafficking and possession of crystal methamphetamine can also result in New York state Class A-II felony charges for Criminal Possession of a Controlled Substance in the Second Degree (Penal Law 220.18) and/or Criminal Sale of a Controlled Substance in the Second Degree (Penal Law 220.41).</p> <p>Matthew Galluzzo has extensive experience defending individuals accused of possessing or trafficking crystal methamphetamine in New York state and federal courts. His clients have gotten great results in these matters. For example, on several occasions, Mr. Galluzzo has negotiated outright dismissals of serious felony charges in exchange for participation in drug rehabilitation programs. In multiple federal cases involving the trafficking of many kilograms of crystal methamphetamine, he earned his clients sentences far below those called for by the Sentencing Guidelines. In short, his track record with these sorts of matters is second to none.</p> <p>Many individuals arrested for these sorts of offenses have addictions to crystal meth. Mr. Galluzzo has worked with clinicians on many occasions to help his clients beat their addictions and regain their sobriety. He has successfully referred clients to programs like Crystal Clear in Manhattan, for example, a unique group-therapy program for crystal meth addicts run through Mt. Sinai Hospital, and knows the program’s director. A client’s health and safety is always Mr. Galluzzo’s foremost concern, but he finds that clients oftentimes help themselves significantly with respect to their criminal cases when they demonstrate a sincere desire to reform and get sober.</p> <p>Matthew Galluzzo is also a longtime ally of the LGBT community, and has proudly represented individuals all across the gender and sexual preference spectrum. If you or a loved one have been arrested for a crime involving crystal methamphetamine, you should strongly consider retaining him to assist you.</p> ]]></content:encoded>
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            <item>
                <title><![CDATA[Below Guidelines Sentence for Client charged with 18 U.S.C. Section 922(g)]]></title>
                <link>https://www.gjllp.com/blog/below-guidelines-sentence-for-client-charged-with-18-u-s-c-section-922g/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/below-guidelines-sentence-for-client-charged-with-18-u-s-c-section-922g/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Thu, 21 Jul 2022 21:04:00 GMT</pubDate>
                
                    <category><![CDATA[Federal Criminal Law]]></category>
                
                
                    <category><![CDATA[18 USC 922g]]></category>
                
                    <category><![CDATA[Eastern District of New York]]></category>
                
                    <category><![CDATA[Federal]]></category>
                
                    <category><![CDATA[Felon in Possession]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Firearms]]></category>
                
                    <category><![CDATA[Gun Charge]]></category>
                
                    <category><![CDATA[Sentencing Guidelines]]></category>
                
                    <category><![CDATA[Southern District Of New York]]></category>
                
                
                
                <description><![CDATA[<p>Last week, a client of the Law Office of Matthew Galluzzo PLLC was very pleased to receive a very lenient sentence in a federal case involving charges of 18 U.S.C. Section 922(g). Our client – a 49-year-old man with several prior (but old) felony convictions – was arrested after shooting another person in the leg&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Last week, a client of the Law Office of Matthew Galluzzo PLLC was very pleased to receive a very lenient sentence in a federal case involving charges of 18 U.S.C. Section 922(g). Our client – a 49-year-old man with several prior (but old) felony convictions – was arrested after shooting another person in the leg following a dispute on a Brooklyn sidewalk. The federal government charged him violating 18 U.S.C. Section 922(g) for possessing ammunition and having previously been convicted of a felony. The charge carries a maximum penalty of ten years in prison.</p> <p>The entire incident was captured on surveillance tape from nearby buildings, and a witness identified our client as the shooter. Initially, the prosecutors sought a sentence near the maximum, between 8 and 10 years in prison. After a lengthy period of negotiation, the client’s attorney, Matthew Galluzzo, secured a plea agreement for the client with a sentencing range of between 33-41 months under the Federal Sentencing Guidelines. However, following the client’s guilty plea, it was up to the federal judge to decide his ultimate sentence (the Sentencing Guidelines are advisory but not mandatory).</p> <p>Prior to the sentencing hearing, Mr. Galluzzo submitted a lengthy memorandum detailing the client’s difficult upbring, his long period of productive employment, his supportive family network, his remorse for the crime, and the terrible conditions the client had endured at MDC Brooklyn during the pendency of the case. The federal judge (Judge Donnelly) was thus persuaded to give our client a downward variance far below the sentencing Guidelines, in sentencing him to 24 months in prison. Given the time that he has already spent in custody, that amounts to a sentence only slightly longer than time served. The client was thrilled was this result and with the prospect of returning home to his wife and son soon.</p> <p>The case caption is United States v. R.P., 20-cr-511(AMD) in the Eastern District of New York.</p> <p>If you or a loved one have been arrested and charged with a federal firearm crime like 18 U.S.C. Section 922(g), you should strongly consider contacting the Law Office of Matthew Galluzzo PLLC. Mr. Galluzzo has extensive experience defending these sorts of cases and is well known for his passionate advocacy. Mr. Galluzzo operates primarily in New York, Connecticut and New Jersey federal courts, but has also represented clients in other federal courts across the country.</p> ]]></content:encoded>
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