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        <title><![CDATA[21 USC 841 - The Law Office of Matthew Galluzzo, PLLC]]></title>
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        <description><![CDATA[The Law Office of Matthew Galluzzo, PLLC's Website]]></description>
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            <item>
                <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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            <item>
                <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[Defending against Federal Drug Overdose Cases – 21 USC 841]]></title>
                <link>https://www.gjllp.com/blog/defending-against-federal-drug-overdose-cases-21-usc-841/</link>
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                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Thu, 21 Jul 2022 15:30:00 GMT</pubDate>
                
                    <category><![CDATA[Controlled Substances]]></category>
                
                    <category><![CDATA[Controlled Substances and Narcotics]]></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[21 USC 841]]></category>
                
                    <category><![CDATA[21 USC 846]]></category>
                
                    <category><![CDATA[Cocaine]]></category>
                
                    <category><![CDATA[Drug Sellers]]></category>
                
                    <category><![CDATA[Drugs]]></category>
                
                    <category><![CDATA[Fatico Hearing]]></category>
                
                    <category><![CDATA[Federal Crime]]></category>
                
                    <category><![CDATA[Fentanyl]]></category>
                
                    <category><![CDATA[Narcotics]]></category>
                
                    <category><![CDATA[Overdose]]></category>
                
                
                
                <description><![CDATA[<p>Federal prosecutors sometimes have a powerful statute to use against drug sellers whose products cause fatal overdoses. Specifically, 21 U.S.C. Section 841 – the most common federal narcotics distribution charge – includes enhanced penalties for situations in which the defendants have sold or distributed narcotics that caused overdose deaths. A charge with no mandatory minimum&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Federal prosecutors sometimes have a powerful statute to use against drug sellers whose products cause fatal overdoses. Specifically, 21 U.S.C. Section 841 – the most common federal narcotics distribution charge – includes enhanced penalties for situations in which the defendants have sold or distributed narcotics that caused overdose deaths. A charge with no mandatory minimum under normal circumstances might carry a 20-year minimum where it can be proven that the drug that was sold caused someone to die. Some prior felons can also face potential mandatory life sentences for selling narcotics that cause fatalities. Even in a case in which the prosecution may not be able to prove beyond a reasonable doubt that the narcotics caused a death, the prosecution may be able to secure a very stiff sentence under the federal Sentencing Guidelines, where the evidence proves by a preponderance of the evidence that the defendant’s product is responsible.</p> <p>First, the government has to prove that the defendant actually sold drugs to the deceased person. Law enforcement frequently uses text messages and phone records to prove transactions in these cases. Law enforcement also frequently attempts to purchase narcotics themselves (undercover) from the target/suspect. That way, in the very least, the government can prove a charge of 21 U.S.C. Section 841, if not the overdose aspect.</p> <p>Many drug overdoses are polydrug situations, meaning that the deceased person ingested more than one drug recently. In those cases, it can be more complicated to ascertain the precise “but for” cause of death. Certain drugs may interact with each other in unclear ways, and other drugs may work together in aggregate towards the same toxidrome. It is critical to have the assistance of a toxicological expert and an attorney familiar with some of the issues in overdose analysis. Many if not most of the federal prosecutions in this sphere nowadays involve fentanyl, and that drug is indeed far more potent, prevalent and deadly than most others. But that doesn’t mean that fentanyl – even when it shows in the victim’s bloodwork – is always the but for cause of death.</p> <p>Matthew Galluzzo of the Law Office of Matthew Galluzzo has successfully represented individuals charged with causing fatal overdoses through drug distribution. Should you or a loved one be charged with such a crime, you should strongly consider retaining his services. These cases are extremely serious and require passionate advocacy and technical expertise. Mr. Galluzzo operates primarily out of New York, Connecticut, and New Jersey federal courts, but also occasionally represents clients in other federal courts across the country.</p> ]]></content:encoded>
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            <item>
                <title><![CDATA[Fetty Wap hit with Federal Narcotics Charges in Long Island]]></title>
                <link>https://www.gjllp.com/blog/fetty-wap-hit-with-federal-narcotics-charges-in-long-island/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/fetty-wap-hit-with-federal-narcotics-charges-in-long-island/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Sat, 30 Oct 2021 16:20:00 GMT</pubDate>
                
                    <category><![CDATA[Controlled Substances]]></category>
                
                    <category><![CDATA[Controlled Substances and Narcotics]]></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[21 USC 841]]></category>
                
                    <category><![CDATA[Anthony Leonardi]]></category>
                
                    <category><![CDATA[Anthony Syntje]]></category>
                
                    <category><![CDATA[Class a Felony Drug Case]]></category>
                
                    <category><![CDATA[Criminal Defense Attorney]]></category>
                
                    <category><![CDATA[Dea]]></category>
                
                    <category><![CDATA[Drug Crimes]]></category>
                
                    <category><![CDATA[Federal Crime]]></category>
                
                    <category><![CDATA[Fetty Wap]]></category>
                
                    <category><![CDATA[Kavaughn Wiggins]]></category>
                
                    <category><![CDATA[Narcotics]]></category>
                
                    <category><![CDATA[New York Criminal Lawyer]]></category>
                
                    <category><![CDATA[New York Defense Attorney]]></category>
                
                    <category><![CDATA[Pl 220 44]]></category>
                
                    <category><![CDATA[Robert Leonardi]]></category>
                
                    <category><![CDATA[Willie Junior Maxwell II]]></category>
                
                
                
                <description><![CDATA[<p>Platinum selling rap artist Fetty Wap (real name Willie Junior Maxwell II) was arrested and arraigned on October 29 pursuant to a federal indictment charging him and five other men with Conspiracy to Distribute Narcotics (the other five men were also charged with Use of Firearms in Connection with a Drug Crime). The charges are&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Platinum selling rap artist Fetty Wap (real name Willie Junior Maxwell II) was arrested and arraigned on October 29 pursuant to a federal indictment charging him and five other men with Conspiracy to Distribute Narcotics (the other five men were also charged with Use of Firearms in Connection with a Drug Crime). The charges are incredibly serious and Fetty Wap faces very significant jail time.</p> <p><a href="https://www.justice.gov/usao-edny/pr/six-individuals-indicted-conspiracy-distribute-more-100-kilograms-controlled-substances" target="_blank" rel="noopener noreferrer">According to a press release from the U.S. Attorney’s Office for the Eastern District of New York, the rapper and five other men trafficked in significant quantities of heroin, cocaine, and the especially-dangerous drug, fentanyl</a>. The defendants (including Anthony Leonardi, Robert Leonardi, Brian Sullivan, Anthony Syntje, and Kavaughn Wiggins) have all been arrested and detained pending trial. Prosecutors claim to have recovered at least 16 kilograms of cocaine, 2 kilograms of heroin, and fentanyl, though it is certain that they will allege that the group is responsible for far more than that. Indeed, the press release describes the amount of drugs trafficked by the crew as “massive”.</p> <p>Fetty Wap is unlikely to be released on bail pending trial, though it may be possible given his likely financial resources. However, in federal narcotics cases of this size and scale, the presumption for judges is that a defendant should be detained pending trial. Fetty Wap would have to convincingly demonstrate that he does not pose a risk to the public, and that he would not flee if released on bond. Given his resources (and possible ability to live abroad), the amount of prison time that he is potentially facing, the fact that his codefendants are indicted for using firearms, and the fact that he allegedly trafficked in fentanyl, which is notorious for causing fatal overdoses, it seems unlikely that he will be bailed out pending trial.</p> <p>The maximum penalty for these charges (21 U.S.C. 841) is, in this case, life. The minimum statutory penalty is ten years in prison. In some cases, defendants facing ten year mandatory minimum sentences under 21 USC 841 are able to negotiate five year mandatory minimum sentences, or even plea agreements without mandatory minimums. However, given the amount of narcotics seized in this case, Fetty Wap is probably going to receive no better than a ten year mandatory minimum offer from the prosecutors, which he will either have to accept or try his luck with a jury.</p> <p>The U.S. Sentencing Guidelines generally enable more precise estimates for how much time defendants are really facing, however. It is difficult to predict at this stage, though, as there are some unknown variables in Fetty Wap’s case. We do not know, for example, whether there are any overdoses potentially attributable to the defendants’ conduct. We also do not know whether Fetty Wap played a supervisory role in the conspiracy to traffic narcotics. Those factors can significantly increase the penalties for drug defendants. Pleading guilty, on the other hand, usually earns significant reductions in the sentencing range for defendants (as opposed to being convicted at trial).</p> <p>Fetty Wap is of course presumed innocent. As of yet, we have no idea what evidence law enforcement has against him. But odds are that his outlook is very bleak. Federal indictments in cases like this tend to involve numerous controlled undercover purchases, wiretaps, surveillance, and confidential informants working with the government. Put another way, the evidence is typically overwhelming. It is thus no surprise that over 95% of federal criminal defendants plead guilty. So, Fetty Wap is unfortunately probably looking at a huge sentence that will end his music career and see him emerge from prison as an old man. It seems inexplicable that a talented artist with a lucrative career would risk everything to make illegal money in the drug trade. His lawyers will probably be seeking to get him the best plea bargain possible, and then beg a sentencing judge for leniency. That is oftentimes the best that defense attorneys can really do in these sorts of cases. But top notch advocacy for a client is truly invaluable and can make a huge difference in the outcome.</p> <p>Matthew Galluzzo is a former Manhattan prosecutor who regularly represents criminal defendants charged with major narcotics crimes in federal and state courts throughout New York. He has helped many defendants escape prosecution, earn dismissals of criminal charges, and negotiate favorable plea bargain outcomes. If you or a loved one have been arrested and charged with a serious drug felony, you should contact Matthew Galluzzo to discuss your options.</p> ]]></content:encoded>
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            <item>
                <title><![CDATA[Federal drug/narcotics conspiracy charges (21 USC 841 and 21 USC 846)]]></title>
                <link>https://www.gjllp.com/blog/federal-drug-narcotics-conspiracy-charges-21-usc-841-and-21-usc-846/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/federal-drug-narcotics-conspiracy-charges-21-usc-841-and-21-usc-846/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Tue, 23 Oct 2018 15:53:00 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[Cederal Court]]></category>
                
                    <category><![CDATA[Cocaine]]></category>
                
                    <category><![CDATA[Crystal Meth]]></category>
                
                    <category><![CDATA[Dark Web]]></category>
                
                    <category><![CDATA[Eastern District of New York]]></category>
                
                    <category><![CDATA[Ecstasy]]></category>
                
                    <category><![CDATA[Federal Controlled Substance]]></category>
                
                    <category><![CDATA[Federal Criminal Lawyer]]></category>
                
                    <category><![CDATA[Federal Defense Attorney]]></category>
                
                    <category><![CDATA[Federal Narcotics]]></category>
                
                    <category><![CDATA[GHB]]></category>
                
                    <category><![CDATA[Heroin]]></category>
                
                    <category><![CDATA[MDMA]]></category>
                
                    <category><![CDATA[Meth]]></category>
                
                    <category><![CDATA[OXY]]></category>
                
                    <category><![CDATA[Southern District Of New York]]></category>
                
                
                
                <description><![CDATA[<p>A huge percentage of the criminal cases in federal court involve charges relating to the trafficking of drugs, narcotics, and controlled substances. Convictions for these crimes carry serious penalties and sometimes involve mandatory minimum prison sentences. Usually, a person accused in federal court of possessing or trafficking controlled substances is charged with violating 21 USC&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>A huge percentage of the criminal cases in federal court involve charges relating to the trafficking of drugs, narcotics, and controlled substances. Convictions for these crimes carry serious penalties and sometimes involve mandatory minimum prison sentences. Usually, a person accused in federal court of possessing or trafficking controlled substances is charged with violating 21 USC 841, which makes it a crime to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance. Section 841(b) sets forth the potential penalties for this offense, and it depends primarily upon the quantity of controlled substance possessed/distributed in the aggregate. What matters for sentencing purposes is not the number of transactions or the frequency of the activity, but the total volume of drugs possessed or distributed over time. If the quantities involved surpass a certain threshold (depending on the drug), as set forth in Section 841(b), then there can be serious mandatory minimum prison sentences for the offenders. Those mandatory minimum sentences notwithstanding, the potential penalties for these offenses are governed by the complex system set forth in the federal sentencing guidelines. For more on the federal sentencing guidelines, click <a href="https://www.youtube.com/watch?v=393bBbFOch0" target="_blank" rel="noopener noreferrer">here.</a></p> <p>Federal cases involving narcotics charges typically are the result of long-term investigations by the FBI, the DEA, Homeland Security, or a joint task force involving local police like the NYPD. As such, there are oftentimes wiretaps, surveillance tapes, confidential informants, and search warrants. An effective defense requires an attorney who can review the evidence and the law enforcement processes to determine whether any constitutional rights were violated.</p> <p>Many unfortunate individuals never actually possessed or distributed narcotics but nonetheless find themselves charged in federal court on account of the conspiracy laws encapsulated in 21 USC 846. That statute explains: “Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” Basically, this means that a person who plays any knowing role whatsoever in another person’s illegal business is criminally liable for the entirety of that conduct. For example, a person who introduces two people for the purpose of a drug transaction can be expected to be charged as an equal to whatever drug transaction ultimately occurred. A person who acts as a lookout during a drug transaction could be treated as equally culpable to the seller of the narcotics. A person who simply rents an apartment to someone whom he knows is dealing drugs from the apartment could be guilty of “conspiring” to assist the dealer. These are just a few examples of people who could be charged in ways that seem unfair in light of their relatively modest role in the crime. We have however defended many girlfriends of drug dealers and casual acquaintances of true criminals who have found themselves knee-deep in serious federal cases after having had only fleeting or tangential involvement in the cases. But this is the reality of federal conspiracy law.</p> <p>In conclusion, if you or a loved one have been arrested and charged with violating the federal criminal drug laws – such as 21 USC 841 or 21 USC 846 – you should strongly consider retaining the services of the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former Manhattan prosecutors has successfully defended numerous individuals accused of federal crimes relating to the possession and trafficking of cocaine, heroin, crystal meth and methamphetamine, GHB (gamma hydroxybutyric acid), ecstasy (MDMA), fentanyl, and prescription drugs like oxycontin, oxycodone, and other opiods. Notably, their attorneys have particular experience and expertise in defending foreign citizens in these matters, as they are fluent in French and Spanish and have long relationships with the New York-area consulates of several foreign nations (including France, Switzerland, Saudi Arabia and Australia, among others). They also have experience defending individuals accused of operating illegally on the Dark Web. Their results involve numerous dismissals and favorable sentences far below those normally called for by the federal sentencing guidelines. Give them a call to discuss your federal New York district court case. They operate primarily in the Southern District of New York and Eastern District of New York federal courts.</p> ]]></content:encoded>
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