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        <title><![CDATA[Conspiracy - The Law Office of Matthew Galluzzo, PLLC]]></title>
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        <description><![CDATA[The Law Office of Matthew Galluzzo, PLLC's Website]]></description>
        <lastBuildDate>Wed, 18 Sep 2024 22:27:45 GMT</lastBuildDate>
        
        <language>en-us</language>
        
            <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[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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            <item>
                <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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            <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[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[Defense Attorney explains drug crimes on the “Dark Web”; Silk Road etc.]]></title>
                <link>https://www.gjllp.com/blog/defense-attorney-explains-drug-crimes-on-the-dark-web-silk-road-etc/</link>
                <guid isPermaLink="true">https://www.gjllp.com/blog/defense-attorney-explains-drug-crimes-on-the-dark-web-silk-road-etc/</guid>
                <dc:creator><![CDATA[The Law Office of Matthew Galluzzo, PLLC Team]]></dc:creator>
                <pubDate>Mon, 01 Jun 2015 15:30:00 GMT</pubDate>
                
                    <category><![CDATA[Controlled Substances]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law National]]></category>
                
                    <category><![CDATA[Current Events in Criminal Law New York]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Conspiracy]]></category>
                
                    <category><![CDATA[Narcotics and Controlled Substance Offenses]]></category>
                
                
                
                <description><![CDATA[<p>The New Frontier of Drug Crimes: Silk Road, Agora, and the Dark Web The traditional business model of drug trafficking, though potentially lucrative, is fraught with peril and obstacles for its participants at all levels. Thanks to fantastic television programs like The Wire and Breaking Bad, many Americans already have a basic understanding of this&hellip;</p>
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                <content:encoded><![CDATA[ <p>The New Frontier of Drug Crimes: Silk Road, Agora, and the Dark Web</p> <p>The traditional business model of drug trafficking, though potentially lucrative, is fraught with peril and obstacles for its participants at all levels. Thanks to fantastic television programs like <em>The Wire</em> and <em>Breaking Bad</em>, many Americans already have a basic understanding of this business model: Transactions are conducted using cash, and regulatory safeguards at banks and other institutions make it difficult for dealers to use their income to make large purchases (thereby necessitating the risky business of money laundering). Transactions are also generally made face-to-face and hand-to-hand, meaning that the dealers and buyers can be fairly easily identified or apprehended by law enforcement.</p> <p>These sorts of traditional drug dealing operations use levels and levels of intermediaries to protect the chiefs from being directly implicated, but law enforcement officers have routinely been able to force low- and medium-level dealers to “snitch” on their suppliers. Moreover, this business model’s need for a human being to personally deliver contraband makes the buyers and sellers potentially subject to violent acts by thieves or competitors.</p> <p>It should come as no surprise then that many savvy and enterprising criminals took to the nether world of the “Dark Web” (or “Dark Net”) to traffic narcotics (and sometimes even weapons) at online markets like Silk Road (then Silk Road 2.0) and Agora, among others. These online markets provided solid anonymity for buyers and sellers of drugs because they are accessible only through the Tor browser (Tor = The Onion Router), a software program designed to disguise the IP address (and thus the physical presence) of a person browsing online. Buyers and sellers can connect anonymously on these markets using Tor in a way that makes it extremely difficult for law enforcement to track the IP addresses (and thus, the physical locations and true identities) of the participants.Though Silk Road was shut down by law enforcement, and other sites continue to be closed, new ones inevitably crop up to replace them.</p> <p>Also, the buyers and sellers on these websites aren’t using credit cards or cash – they’re generally using BitCoin. This online and anonymous digital currency has been highly controversial and is illegal in some countries, though it is currently legal in the U.S. and becoming subject to increasing regulations. (<a href="http://www.nycourts.gov/ctapps/Decisions/2012/Oct12/156opn12.pdf" target="_blank" rel="noreferrer noopener">NOTE: The author of this article has significant experience representing a person accused of criminal activity involving the use of now-defunct precursor online currencies called Webmoney and egold.</a>). There is no question that cryptocurrencies like Bitcoin are absolutely critical to the survival of these marketplaces, as these transactions could not possibly be consummated without it.</p> <p>Moreover, consumers of narcotics and designer drugs frequently find the experience of buying from these sorts of online suppliers to be safer and easier than the traditional alternative. First, the buyer doesn’t have to personally meet an unsavory criminal in his home or some other dangerous place where he risks being caught. Second, the market offers easy price comparisons amongst sellers – it’s practically an eBay or Travelocity for drugs. (Note: Federal Judge Katherine Forrest, <a href="http://www.wired.com/2014/07/silkroad-bitcoin-isnt-money/" target="_blank" rel="noreferrer noopener">in denying Ross Ulbricht’s motion to dismiss the pending indictment against him, described the now defunct Silk Road as being like eBay</a>).</p> <p>Of course, because of the anonymity involved, a buyer can be easily ripped off on one of these sites – that is why buyer reviews are such an important part of these new markets. Sellers have to develop and maintain a reputation for trustworthiness among users, and that can be hard to do in an environment where buyers cannot possibly hold the seller personally accountable for defrauding them.</p> <p>The hosts of these marketplaces can also fairly effectively disguise their anonymity. Ross Ulbricht a/k/a Dread Pirate Roberts, is easily the most notorious such alleged host, and was arrested last year after a length federal investigation. The U.S. federal government contended that for years he hosted the Silk Road online market (technically a portal accessible only via Tor browsers), and took commissions on thousands of drug-related sales totaling millions of dollars in Bitcoin. Ultimately, after a trial before Judge Forrest, <a href="http://www.wired.com/2015/04/silk-road-1/" target="_blank" rel="noreferrer noopener">Ross Ulbricht was convicted of numerous crimes and sentenced to life in prison.</a></p> <p>The weaknesses in these modern operations generally arise in the delivery system. Private shipping companies like FedEx and DHL do not need search warrants to open suspicious packages.<a href="https://postalinspectors.uspis.gov/contactUs/faq.aspx" target="_blank" rel="noreferrer noopener">Accordingly, dealers tend to prefer to use shady offshore delivery services or USPS, whose agents must have federal search warrants to open suspicious packages. </a>In the event that an illicit package is intercepted by a courier, federal agents often attempt to deliver the package to its intended recipient in a “controlled buy”: essentially, the federal agent poses as a delivery man and tries to get the recipient to sign for the package. Of course, most buyers in this market use “dummy drop” addresses, like mailboxes opened under pseudonyms, to receive these sorts of packages. Ultimately though these measures don’t really prevent law enforcement from waiting at the “dummy drop” location and simply arresting the person when s/he picks up the package.</p> <p>Most dealers sending narcotics via courier do not use actual return addresses, of course, or pay for the postage with anything other than cash. Federal agents might be able to trace the drop off point of an intercepted package, but unless there is good archived video surveillance footage of the person making the drop at the courier’s drop off center, it is typically exceedingly difficult for federal agents to identify the person that mailed the package. Finally, dealers that use couriers have discovered a variety of vacuum-sealing techniques to make it especially difficult for courier companies or USPS to detect any illicit substances in the packages.</p> <p>These sorts of cases are typically prosecuted in federal court. Notably, local law enforcement makes most of the drug trafficking related arrests in the U.S. – indeed, police officers do most of the heavy lifting in America’s War on Drugs. However, whereas cartels engaged in traditional drug dealing are routinely investigated by both state and local law enforcement, these new online Silk Road and Agora operations are generally just too complex for state law enforcement officers to penetrate; state law enforcement simply lacks the resources and the personnel to penetrate these operations, so it is up to the FBI and other federal law enforcement agencies alone to do the work. The author wouldn’t be surprised if the federal government soon starts seriously ramping up its own funding of this effort to combat the “Dark Net” or decides to give more money to local law enforcement agencies to develop the capabilities to assist them, but for the moment, in terms of sheer numbers and probabilities, there are probably fewer law enforcement officers chasing these modern dealers than there are officers pursuing traditional drug dealers on the streets.</p> <p>That being said, the potential penalties for dealing drugs online can be significant. The most readily applicable charges would generally include violations of 18 USC Section 952 or any number of money-laundering and conspiracy charges. Obviously, Ross Ulbricht, the founder of Silk Road, received life in prison for his criminal activities, though his appeal is pending. Also, sellers on Silk Road face a two-level enhancement under 2D1.1(b)(7) for “mass marketing” narcotics on the Internet, which buy itself can elevate a sentence by two years as opposed to traditional drug dealing.</p> <p>If you or a loved have been arrested or prosecuted for a crime involving the purchase or sale of contraband or narcotics on Silk Road, Agora, or some other Tor-accessed portal, <a href="https://www.criminal-defense.nyc/" target="_blank" rel="noreferrer noopener">you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo</a>. Their team of former prosecutors has defended people accused of committing Internet crimes involving electronic currencies like Bitcoin and its precursors, as well as individuals accused of trafficking narcotics on the internet and Tor-accessed markets. This is a complex subject at the intersection of technology and criminal law that few criminal defense attorneys truly understand, so you should take pains to ensure that your criminal defense attorneys, like those at the Law Office of Matthew Galluzzo, truly understand the relevant issues.</p> ]]></content:encoded>
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