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        <title><![CDATA[21 USC 846 - 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>
                <guid isPermaLink="true">https://www.gjllp.com/blog/defending-against-federal-drug-overdose-cases-21-usc-841/</guid>
                <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[16 Defendants Charged in Connecticut Indictment (Narcotics and Firearms)]]></title>
                <link>https://www.gjllp.com/blog/16-defendants-charged-in-connecticut-indictment-narcotics-and-firearms/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/16-defendants-charged-in-connecticut-indictment-narcotics-and-firearms/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Fri, 01 Jul 2022 20:46:00 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[Federal Criminal Law]]></category>
                
                    <category><![CDATA[News Media]]></category>
                
                
                    <category><![CDATA[18 USC 922g]]></category>
                
                    <category><![CDATA[18 USC 924c]]></category>
                
                    <category><![CDATA[21 U.S.C 841]]></category>
                
                    <category><![CDATA[21 USC 846]]></category>
                
                    <category><![CDATA[25]]></category>
                
                    <category><![CDATA[Angel Delgado]]></category>
                
                    <category><![CDATA[Carl Jones A.K.A M O B]]></category>
                
                    <category><![CDATA[Christopher Gilliard A.K.A CJ and Gilly]]></category>
                
                    <category><![CDATA[Conspiracy]]></category>
                
                    <category><![CDATA[Devin Texira A.K.A LV]]></category>
                
                    <category><![CDATA[Federal Indictment]]></category>
                
                    <category><![CDATA[Fentanyl]]></category>
                
                    <category><![CDATA[Heriberto Mendez A.K.A Big Ed]]></category>
                
                    <category><![CDATA[Jeremy Ozuna]]></category>
                
                    <category><![CDATA[Joel Deleon Jr A.K.A Psycho]]></category>
                
                    <category><![CDATA[Jose Tirado A.K.A Joselito and Leet]]></category>
                
                    <category><![CDATA[Joshua Rodriguez]]></category>
                
                    <category><![CDATA[Luis Feliciano A.K.A Louminaty]]></category>
                
                    <category><![CDATA[Luis Robles A.K.A Lou]]></category>
                
                    <category><![CDATA[Mandatory Minimum]]></category>
                
                    <category><![CDATA[Marsha Watson]]></category>
                
                    <category><![CDATA[Martin Maldonado]]></category>
                
                    <category><![CDATA[Milton Rosario A.K.A Little]]></category>
                
                    <category><![CDATA[Narcotics]]></category>
                
                    <category><![CDATA[Robert Valle]]></category>
                
                    <category><![CDATA[Roberto Diaz A.K.A Dragon Eyes]]></category>
                
                
                
                <description><![CDATA[<p>On June 28, the U.S. Attorney for the District of Connecticut announced an indictment charging sixteen individuals with a variety of federal crimes relating to the distribution of narcotics and the possession of firearms. The charges are extremely serious and carry lengthy potential jail sentences. The indictment charges the following individuals: LUIS FELICIANO, a.k.a. “Louminaty,”&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>On June 28, the U.S. Attorney for the District of Connecticut announced an <a href="/static/2024/06/CT-indictment.pdf">indictment charging sixteen individuals with a variety of federal crimes relating to the distribution of narcotics and the possession of firearms.</a> The charges are extremely serious and carry lengthy potential jail sentences.</p>



<p>The indictment charges the following individuals:</p>



<p><strong>LUIS FELICIANO</strong>, a.k.a. “Louminaty,” 38, of East Hartford<br><strong>JOSE TIRADO</strong>, a.k.a. “Joselito” and “Leet,” 41, of Hartford<br><strong>CARL JONES</strong>, a.k.a. “M.O.B.,” 41, of Hartford<br><strong>LUIS ROBLES</strong>, a.k.a. “Lou,” 25, of Hartford<br><strong>ROBERTO DIAZ</strong>, a.k.a. “Dragon Eyes,” 52, of West Hartford<br><strong>MILTON ROSARIO</strong>, a.k.a. “Little,” 39, of Hartford<br><strong>ANGEL DELGADO</strong>, 58, of Hartford<br><strong>MARTIN MALDONADO</strong>, 33, of Hartford<br><strong>JEREMY OZUNA</strong>, 27, of New Jersey<br><strong>ROBERT VALLE</strong>, 58, of Schenectady, New York<br><strong>MARSHA WATSON</strong>, 33, of Bangor, Maine<br><strong>DEVIN TEXIRA</strong>, a.k.a. “LV,” 25, of Hartford<br><strong>JOSHUA RODRIGUEZ</strong>, 31, of Hartford<br><strong>JOEL DELEON, JR</strong>., a.k.a. “Psycho,” 41, of Hartford<br><strong>HERIBERTO MENDEZ</strong>, a.k.a. “Big Ed,” 43, of Hartford<br><strong>CHRISTOPHER GILLIARD</strong>, a.k.a. “CJ” and “Gilly,” 34, of Hartford.</p>



<p>They are charged with violations of 21 U.S.C. Section 846 (a conspiracy to distribute narcotics, meaning a working agreement to do a crime together) and violations of 21 U.S.C. Section 841. The seriousness of the latter charge depends on the quantity of the drugs for which the conspirators are responsible (or at least, the amount that was reasonably foreseeable to them as conspirators), with the most serious charge being 21 USC Section 841(a)(1)(A). That latter charge carries a mandatory minimum sentence of 10 years in prison. Other federal drug charges under Section 841 carry 5 year mandatory minimum sentences, and others have no mandatory minimum at all (though there could be a twenty-year maximum).</p>



<p>Several of the defendants are also charged with various firearms offenses. The 922g charge in this indictment means possession of a firearm by a “prohibited person,” which in this case means a person with a prior felony conviction. The 924c charge relates to the possession or use of a firearm in furtherance of a narcotics-related crime. So, just having access to the gun while operating as a drug dealer can be sufficient evidence of guilt for this crime. It could carry a potential five-year sentence to run consecutive to any narcotics-related sentence.</p>



<p>Notably, the press release explains that this case involves a significant quantity of fentanyl. That drug is oftentimes used to lace other drugs, make counterfeit pills (fake Xanax or Oxycodone), and all-too-often causes fatal overdoses. As such, the penalties for fentanyl can be significant, and individuals convicted of trafficking fentanyl may not be eligible for certain credits for early release from prison.</p>



<p>If you or a loved one have been charged with violating the federal narcotics or firearm laws, you should strongly consider contacting Matthew Galluzzo. He is a federal criminal defense attorney based in New York and Connecticut and former Manhattan prosecutor.</p>
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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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