French developer Aurélien Michel is charged with Fraud for alleged $ 2.9 NFT’s rug pull
On January 4, 2023, French footballer, Aurélien Michel, was arrested by US authorities as he passed through JFK airport.
He was immediately taken into custody and brought before a federal judge in Brooklyn, where he was arraigned on a complaint charging him with being the leader of a scheme involving NFT fraud. He posted bail on February 1, 2023 and has been at liberty in the U.S. since that time.
One of the most serious charges in New York state criminal law is Operating as a Major Trafficker, in violation of Penal Law 220.77. That charge makes it a Class A-I felony to traffic in controlled substances worth $75,000.00 or more. This can be accomplished in three different ways:
In August 2023, the United States Sentencing Commission decided to change the way that some federal defendants’ criminal history scores are calculated for sentencing purposes. Previously, those found to have committed their crimes while “under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status,” had two points added to their Criminal History category calculation, pursuant to USSG 4A1.1(d). The Sentencing Commission decided that not only would those two points no longer be added, but those who had been previously sentenced with these two points added to their calculation would be allowed to apply for retroactive re-sentencing. Basically, those individuals who previously were sentenced based upon Sentencing Guidelines calculations that included these two points in the Criminal History Calculation can now ask their sentencing courts to re-sentence them (beginning in February 2024). Not every defendant sentenced for a crime committed “while under any criminal justice sentence” will necessarily benefit from this amendment, as a two-point reduction for Criminal History may not necessarily change that person’s Criminal History Category. Moreover, some judges may not think that these amendments justify downward modifications of previously imposed sentences. Nonetheless, every defendant sentenced with these two points included in their sentencing calculation should strongly consider applying for a reduction in their sentence based upon this amendment and 18 USC 3582(2)(c).
Matthew Galluzzo has successfully applied for resentencing in other 18 USC 3582 cases, including modifications of sentences based upon US v. Davis and other changes in the law. He is an experienced federal criminal defense attorney and appellate lawyer and he offers a reasonable flat fee for an application to modify a federal sentence. Contact him today to discuss whether such a petition might benefit you or your loved one.
Woodbury Commons, located in Woodbury, New York, is a well-known outlet mall with high-end stores including: Adidas, Armani, Balenciaga, Balmain, Burberry, Brioni, Canali, Chloe, Coach, Dior, Dolce & Gabbana, Fendi, Ferragamo, Givenchy, Gucci, Jimmy Choo, Kate Spade, Kenzo, Lacoste, Lanvin, Longchamp, Lululemon, Maison Margiela, Marc Jacobs, Michael Kors, Moncler, Montblanc, Movado, Nike, Roberto Cavalli, Prada, Polo Ralph Lauren, Theory, Tom Ford, Tory Burch, Tumi, Tag Heuer, North Face, Versace, and Zegna, among many others.
Every year, tourists flock to Woodbury Commons from around the world to shop the discount prices offered at these designer outlet stores. Unfortunately, some are also accused of attempting to steal merchandise from these stores. Those individuals are typically referred to local Woodbury police for arrest processing after being apprehended by store security. People arrested and accused of shoplifting at Woodbury Commons are typically handcuffed by the police, taken to the police station, fingerprinted, and issued a Desk Appearance Ticket directing them to appear in Woodbury Town Court a few weeks later to answer to charges of Petit Larceny (a class A misdemeanor in violation of PL 155.25) or Grand Larceny in the Fourth Degree (a class E felony in violation of PL 155.30). The more serious charge – Grand Larceny – can apply where the merchandise allegedly stolen exceeds $1000 in value.
Many of the people arrested and issued Desk Appearance Tickets are tourists visiting from out of state or even out of the country. As such, returning to Woodbury for a court appearance a few weeks or months later is impractical or impossible. Thankfully, in some cases, an attorney can be retained to appear in the place of the arrested person, such that the arrested person does not have to personally return to court. Matthew Galluzzo has represented many foreign and out of state residents in this manner. Using a notarized affidavit drafted by Mr. Galluzzo, in some cases Mr. Galluzzo can go to court on behalf of a person accused of these crimes and negotiate a disposition of the case that does not result in a permanent or public criminal record. This permits the person with the Desk Appearance Ticket to continue with their trip on schedule without having to delay their flight home or booking a return trip for the sole purpose of appearing in court. Of course, that potentially saves the arrested person a significant amount of time, stress and expense.
New York City is one of the best cities in the world to visit and it attracts tourists from all over the world. Unfortunately, a few of them are arrested every day at the New York City airports: LaGuardia and JFK (John F. Kennedy). Most of them receive Desk Appearance Tickets for misdemeanor offenses. These arrests typically involve generally law-abiding citizens accidentally carrying something in their luggage that is illegal in New York, such as a weapon (Penal Law Section 265.01) or a controlled substance (Penal Law Section 220.03). Sometimes, Port Authority Police also make arrests and give Desk Appearance Tickets for offenses at the airport like trespassing (Penal Law 140.10), shoplifting (Penal Law 155.25 or 165.40), public lewdness (Penal Law Section 245.00) or assault (Penal Law Section 120.00). These tickets typically direct the arrest person to appear in court about a month later at the Queens Criminal Courthouse located at 125-01 Queens Boulevard in Kew Gardens, New York.
Although the offenses may seem minor at first, these cases in fact present very real risks to the arrested persons: possible permanent and public criminal records, immigration consequences, prison time, loss of employment, and financial penalties, among others. For out-of-town tourists, they present an additional problem, though: appearing in court personally can be logistically very difficult, especially if the case involves multiple appearances. Traveling across the country (or across an ocean) means potentially missing time from work, school and/or family obligations, not to mention the expense of traveling.
Matthew Galluzzo has perfected a system of client affidavits that often permits him to appear – in certain cases – on behalf of out-of-town or foreign clients. Using these affidavits, he has frequently been able to appear without his clients and resolve cases favorably for those clients. He has helped dozens of New York visitors resolve misdemeanor cases without appearing personally in New York City for their court appearances. Not every case can be resolved this way, but many can.
On Friday of last week, the Law Office of Matthew Galluzzo (LOMG) successfully persuaded a criminal court judge in Brooklyn to seal the records of arrest and conviction for a client who had been convicted of a misdemeanor in 2013. The client was arrested in 2012 for allegedly stealing over $100,000.00 from his condominium board. He repaid the money to his victims and pleaded guilty to a misdemeanor to satisfy the felony charges against him. Since that time, the client has worked as a white collar professional in a variety of roles. However, he recently became eligible for sealing of this criminal conviction pursuant to New York Criminal Procedure Law Section 160.59. So, he asked LOMG to submit an application on his behalf. In these sorts of situations, eligible defendants can ask criminal court judges to seal the arrest and convictions records of certain types of criminal cases over ten years old. LOMG filled out the required paperwork and submitted a memorandum of law in support of the application, complete with character letters in support. The judge was convinced that the client deserved sealing of his records, and now the client can apply for new jobs without fear that background checks will reveal this old conviction.
Certain criminal convictions in New York state courts can be sealed pursuant to N.Y. CPL Section 160.59. If you think you might be eligible for this relief, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo PLLC. Matthew Galluzzo is a former Manhattan prosecutor who has successfully petitioned many criminal court judges across New York state to seal the convictions of many deserving people.
Last week, criminal defense attorney Matthew Galluzzo successfully persuaded a federal judge in Manhattan to sentence his client to a very favorable sentence. The client was guilty of selling fentanyl that led to the overdose death of a customer. Though there was no mandatory minimum for this offense, the Federal Sentencing Guidelines recommended a sentence of between 234 and 240 months in prison (i.e. approximately 20 years). The client had an extensive criminal record including, among other things, two prior felonies for drug trafficking and a conviction for a violent felony assault.
Mr. Galluzzo worked with a social worker to describe the client’s extremely difficult upbringing, which included parental abuse, poverty, homelessness, the foster care system, and drug abuse as a pre-teen. Mr. Galluzzo convinced the judge that pursuant to the recent Second Circuit decision in US v. Gibson, the client was not a Career Offender under the Federal Sentencing Guidelines despite his two prior convictions for NY Penal Law Section 220.39, resulting in his classification as a Criminal History Category IV instead of VI. He also convincingly described the overdose as a terrible accident and expressed his client’s remorse to the judge.
Ultimately, the Court granted a significant downward variance and gave him a sentence equal to roughly half that recommended by the Sentencing Guidelines, 120 months (10 years). The client was pleased with the result and felt that his voice had been heard. The case was US v. Huertero, 20-cr-580 (ER) before Judge Ramos.
Recently, former prosecutor Matthew Galluzzo appeared on PBS Channel 13 to explain several legal issues relating both the recent verdict in the Trump civil sex abuse trial and the new indictment of Congressman George Santos.
Matthew Galluzzo is a former sex crimes prosecutor who now represents both plaintiffs and defendants in civil sex abuse cases. He also regularly defends individuals accused of white collar crimes and fraud in federal court.
The link to the interview is available here.
On April 26, 2023, in a ceremony held at the French Consulate in New York, the French Consul General of New York, Jeremie Robert, bestowed upon Matthew Galluzzo the title of Chevalier in the French National Order of Merit. This knighthood was bestowed upon Mr. Galluzzo by order of Emmanuel Macron, the President of France, in recognition of Mr. Galluzzo’s exceptional services to the French government and in defense of French citizens accused of crimes throughout the United States.
Matthew Galluzzo, a fluent French speaker, has successfully defended dozens of French citizens against serious charges brought in state and federal courts throughout America. For over a decade, he has served as the French Consulate’s Avocat-Conseil en Droit Pénal (Criminal Defense Lawyer). In that role he advised and assisted that institution on a wide range of issues pertaining to . In 2012, he was named a Young Leader in the French American Foundation, and he has been a regular radio and television commentator in French language media throughout Europe and Canada. He has also delivered several lectures about American criminal law to French law students in Paris and Versailles.
Some images from the ceremony are below.
Matthew Galluzzo, a criminal defense attorney and former Manhattan Assistant DA, spoke yesterday in French with reporters from a French language television news program based in Montreal, Quebec. A link to the interview is below.
Matthew Galluzzo is fluent in French and was recently named a Knight (Chevalier) in the French National Order of Merit for his services defending French nationals accused of crimes in American courts, and for his service to the French government as a criminal law advisor.
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