Matthew Galluzzo has significant experience representing individuals accused of narcotics offenses in federal court. If you or a loved one have been accused of such a crime, you should strongly consider contacting Mr. Galluzzo about possible representation. He regularly receives glowing feedback from federal judges in these cases, and his consistently gets his clients excellent results.

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.

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.

Mr. Galluzzo submitted a sentencing memorandum that the judge described at sentencing as “very compelling,” and sentenced the client to time served, equivalent to 51 months. The client – who had spent the last 4+ years in various facilities including MCC New York and MDC Brooklyn, was released from the courthouse and went straight home. Obviously, he was elated with the result, which about half of the sentence recommended by Probation and considerably less than that recommended by the Sentencing Guidelines.

Most federal defendants plead guilty. Indeed, statistics show that almost 98% of federal defendants plead guilty to some crime. Oftentimes, a defense attorney’s most valuable contribution in a case is at the sentencing phase. There, criminal defense attorneys must make the most persuasive case for leniency. Mr. Galluzzo spends time to really understand his client and his history in order to make the best arguments to the judge. As a result of his hard work, he consistently gets his clients sentences below those recommended by the US Sentencing Guidelines, with this last case being a particularly striking example.

If you or a loved one have been charged with a federal crime, you should strongly consider contacting the Law Office of Matthew Galluzzo. Mr. Galluzzo is an experienced former Manhattan prosecutor who specializes in defending federal criminal cases, and he gets exceptional results for them.

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

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

Under the federal sentencing guidelines, the base offense level for a wire fraud is usually 6.

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

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

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

So, if Mr. Michel is convicted at trial, assuming he has no criminal history (i.e. Criminal History Category I), his sentencing guidelines range would be 51-63 months, or about 4-5 years in prison. Judges use a Sentencing Table promulgated by the Sentencing Commission – see here.

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

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

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

Matthew Galluzzo is an experienced criminal defense attorney and former Manhattan prosecutor. He specializes in the defense of federal criminal cases in New York City. He also speaks fluent French and has been knighted by the nation of France for his zealous defense of French nationals accused of crimes in the United States and his service to the French Consulate of New York City.

If you or a loved one have been arrested or accused of a federal crime involving wire fraud charges, you should strongly consider contacting Matthew Galluzzo. He has achieved excellent results for many clients accused of these crimes in New York City federal courts and may be able to assist you as well.

Finally, it should be noted that although many crimes can be prosecuted in both state and federal court without violating the principle of Double Jeopardy, a state law crime prosecuted in federal court via the Assimilative Crimes Act cannot also be prosecuted in state court. See Grafton v. United States, 206 U.S. 333 (1907).

If you or a loved one have been arrested and charged with a crime occurring on federal property in the New York City area, you should strongly consider contacting the Law Office of Matthew Galluzzo PLLC. Many defense attorneys know state law but are unfamiliar with the unique procedures of federal practice. Matthew Galluzzo, however, is a former Manhattan state prosecutor with over twenty years of experience who now specializes primarily in the defense of federal crimes. Give him a call to discuss your case and his possible representation of you.

See also: Dept. of Justice: Assimilative Crimes Act.

(g) It shall be unlawful for any person –

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Thus, a person who was convicted of a criminal charge carrying a potential maximum penalty of one year – typically a felony – can be charged under federal law for possessing a firearm, even if the person was not in fact previously sentenced to a year or more in prison.

It is important to understand that possession is not the same as ownership. Possession can also be constructive, meaning that people can possess firearms in their homes, their cars, their places of employment, or their storage lockers, for example, without even being physically present at the time of the discovery of the firearms. If law enforcement can prove that a person has access to a firearm, and potential control over that firearm, then the person can be found to be in possession of it. Possession need not be exclusive either – under the law, multiple people can possess the same firearm. Indeed, it is common for all of the passengers in a vehicle to be charged with possessing a single firearm in a vehicle.

Determining the penalties for a violation of this crime are complicated and depend largely upon the individual’s criminal history. However, absent other aggravating factors, straight possession of firearm by a felon has a maximum penalty of 10 years. 18 U.S.C. § 924.

If you or a loved one have been arrested for a violation of 18 U.S.C. § 922g, you should strongly consider retaining the services of the Law Office of Matthew Galluzzo PLLC. Mr. Galluzzo is an experienced federal criminal defense attorney and a former prosecutor. He defends relentlessly against the prosecution and advocates fiercely for his clients. Give him a call to discuss your case.

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien –

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that –

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

The crime of wire fraud occurs when someone voluntarily and intentionally uses an interstate communications device (such as a telephone) as a part of any scheme to defraud another of property, or anything else of value.

The main criminal statutes that apply to wire fraud are 18 U.S.C. §§ 1343 and 1349. Those statues refer to fraud by wire, radio, or television.

Section 1343 defines as guilty of wire fraud: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster ….. or emergency or affects a financial institution.”

Therefore, to be criminally culpable under 18 U.S.C. § 1343, a defendant must have intentionally and voluntarily used a communication device that sends information over state lines as part of a scheme to defraud another out of money or other valuables. It can involve the use of a landline telephone, cell phone, computer, tablet, or another electronic device.

U.S.C. 1349 applies to attempts to commit wire fraud. Indeed, “[a]ny person who attempts or conspires to commit any offense under this chapter 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.”

A person could be charged with wire fraud if the following four elements of the crime are established: (i) the person voluntarily or intentionally participated in or devised a scheme to defraud someone of money or other valuables; (ii) the person did so with the intent to defraud the person. Moreover (iii) It was reasonably foreseeable that interstate wire communications would be used, (iv) in the scheme.

The wire fraud statute does not make an explicit reference to materiality. Yet materiality is an element of the offense, because at the time of the statutes’ enactment, the word “defraud” was understood to “require a misrepresentation or concealment of [a] material fact.” Thus, other than in an honest services context, a “scheme to defraud” for mail or wire fraud purposes must involve a material misrepresentation of some kind. material if it is capable of influencing the intended victim.”

Wire fraud can involve many different schemes to defraud a person using electronic communications such as emails, webpages, and social media. The federal wire fraud statute specifically mentions wire, radio, and television communications, but it also includes many fraud offenses involving computers and the internet. The information transmitted can be any writes, signs, signals, pictures or sounds used in the scheme to defraud. In order for wire fraud to take place, the person must voluntarily and knowingly make misrepresentations of facts with the intent to defraud someone of money or property.

Fraudsters use various methods to get personal credentials and passwords including:

• Malware: Malware (short for “malicious software”) is designed to gain access, damage or disrupt a computer without the knowledge of the owner.
• Phishing: Phishing is a scam typically carried out through unsolicited email and/or websites that pose as legitimate sites and lure unsuspecting victims to provide personal and financial information.
• Vishing and Smishing: Thieves contact bank or credit union customers via live or automated phone calls (known as vishing attacks) or via text messages sent to cell phones (smishing attacks) that may warn of a security breach so as to obtain account information, PIN numbers and other account information they need to gain access to the account.
• Accessing Email Accounts: Hackers gain illicit access to an email account or email correspondence through spam, computer virus, and phishing.

For example, creating a webpage to ask for donations for a charity or a personal tragedy that is fraudulent could be prosecuted as a wire fraud. Moreover, stealing bank and other financial information to transfer money out of a person’s bank and other financial accounts, to make charges on his credit cards, or to take out credit cards in his name, or sending a mass email to a person’s email contacts with a tragic story as to why the person needs money immediately are other examples of wire fraud.

Wire fraud is a federal crime. Since November 1, 1987, federal judges have used the Federal Sentencing Guidelines to determine the sentence of a guilty defendant. A judge will look at the “base offense level” and then adjust the sentence based on the specific characteristics of the crime. With all fraud offenses, the base offense level is six. However, other factors will then influence that number, including, for example, the dollar amount stolen, how much planning went into the crime and the victims that were targeted.

Thus, for example, a wire fraud scheme that involved the theft of $300,000 through an intricate scheme to take advantage of the elderly will score higher than a wire fraud scheme that an individual planned in order to cheat their employer out of $1,000.

Other factors that will influence the final sentencing “score” include the defendant’s criminal history, whether or not the defendant tried to impede the investigation, and whether the defendant willingly helped investigators catch other people involved in the crime.

Usually, a person convicted of wire fraud faces significant potential penalties. A single act of wire fraud can result in fines and up to 20 years in prison. However, if the wire fraud scheme affects a financial institution or is connected to a presidentially declared disaster or emergency, the potential penalties are fines of up to $1,000,000 and up to 30 years in prison.

If you or a loved one have been accused of a federal wire fraud charge, you should strongly consider contacting the experienced federal criminal defense attorneys at the Law Office of Matthew Galluzzo.

The sentencing range for the original criminal charges under the Federal Sentencing Guidelines was 12-18 months (Base Offense Level of 13 with a two level increase for obstructing justice offset by a possible two level reduction for acceptance of responsibility following a guilty plea). Of course, the client also now faced the possibility of additional criminal charges and penalties for acting as a fugitive and failing to appear in court. The prosecution initially submitted a proposed plea agreement whereby the client would receive a sentence of between 12-18 months in prison.

However, the attorneys at The Law Office of Matthew Galluzzo presented to the federal prosecutor considerable mitigating evidence of our client’s life story and family, as well as circumstances surrounding his original crimes. Ultimately, the prosecutors agreed to allow the client to plead guilty to the second count of the original indictment and avoid additional charges for acting as a fugitive. The second count of the indictment carried a 0-6 month Guidelines sentence, representing a considerable savings on the original 12-18. Then, we were able to persuade the judge to schedule an expedited sentencing hearing and ultimately to sentence our client to time served. Thus, instead of receiving a sentence of between 12-18, as it originally appeared our client would, our client received a sentence of less than four months. Obviously, the client is quite happy with the result.

If you or a loved one have been arrested for a violation of federal criminal law in Brooklyn or Queens (i.e. the Eastern District of New York), you should strongly consider contacting the experienced federal criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former prosecutors has considerable experience representing individuals charged with a wide variety of crimes in that courthouse, and may be able to help you as well.