Articles Posted in Civil Practice

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Strictly speaking, the criminal justice system does not require that victims of crime have lawyers. Prosecutors are responsible for pursuing criminal cases against perpetrators and are generally expected to at least consider the victims’ expectations or hopes regarding the outcome. However, over the years, Matthew Galluzzo (a former Manhattan prosecutor) has represented, advised, advocated on behalf of, and assisted dozens of crime victims in a wide variety of matters – most commonly sexual assault, domestic violence, and fraud. If you or a loved one have been a victim of a crime, you might benefit from a consultation with Mr. Galluzzo for the reasons set forth in more detail below.

  1. Understanding the Process

The criminal justice system can be intimidating for a victim, so much so that many crime victims decline to even make a report or complaint. As a longtime former Manhattan prosecutor, Matthew Galluzzo can answer questions a crime victim might have about the process, including: 1) whether, and how the perpetrator will be arrested, 2) what the perpetrator might be charged with and what penalties he/she would face, 3) whether the crime victim will have to testify, and/or when and how often, 4) whether the crime victim will ever have to confront the perpetrator in court, 5) whether the crime victim’s identity will ever be known to the perpetrator, and 6) what sort of outcome the crime victim might reasonably expect. Many crime victims have found these sorts of consultations with Mr. Galluzzo to be invaluable, in that it relieves some of the stress in the process and helps them decide what course of action to take.

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Federal law enforcement agents from the DEA routinely seize quantities of cash that they suspect to be tied to or derived from narcotics trafficking. Frequently, these seizures happen in conjuncture with the arrests of those in possession of the cash, or pursuant to indictments. But most of the time, agents seize cash – even huge sums of it – without arresting anyone. In those cases, the owners or possessors of that seized cash have some difficult decisions to make.

In these cases, federal law generally requires the agents to send a notice to the person from whom the cash was seized. The person who receives the notice is typically given the opportunity to make a claim for the cash, which includes an explanation as to the source of the cash. This response must be made under penalty of perjury, and can include supplemental documentation from a related business (such as tax returns or bank statements), or sworn statements from other people, among other things. Every once in awhile, the agents return the cash to the claimant based upon the representations made by the claimant, or based upon the evidence demonstrated to the agency. Our attorneys have successfully assisted clients in getting cash returned by federal agents this way.

If, however, the agency refuses to return the money based upon these representations, then they must commence a civil forfeiture action in federal court. The precise procedures for doing so are outlined in 18 U.S.C. § 983. Ultimately, in a civil court proceeding, the federal agency (DEA) must prove by a preponderance of the evidence that the seized cash represents proceeds of illegal activity. This is the civil standard for proof and it is much lower (easier) than the “beyond a reasonable doubt” standard necessary to prove a person’s guilt of a crime.

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The attorneys and former Manhattan prosecutors at The Law Office of Matthew Galluzzo have defended countless individuals arrested and accused of sexual assault crimes, from Class B felonies like Rape in the First Degree to Class B misdemeanors like Sexual Abuse in the Third Degree. Of course, our primary concern has always been to exonerate our clients or negotiate the best outcome under the circumstances. However, we are also careful to counsel our clients on the fact that, just because a criminal case has been resolved favorably, the battle may still not be over. Civil lawsuits for sexual assault and rape can arise and pose significant problems for those arrested for assault even after the criminal case has been put to rest. This is especially true where the accused are wealthy and/or famous, as the complaining witnesses (or “victims”) often see an opportunity for a payday. Indeed, many of the people who are sued for rape and sexual assault in New York are high net worth individuals (very successful professionals and investors) or celebrities (such as athletes or entertainers).

In New York civil law, rape, sexual assault and battery are intentional torts (or cause of action) which have one-year statute of limitations, meaning that any such lawsuits must be brought within one year from the date of the alleged violent act. (Note that there is no such thing as battery in New York criminal law – that word has only meaning in the New York civil law context). It should be noted that this statutory period is extended to 5 years, or one year from the termination of the criminal action, in civil cases arising out of various sexual criminal acts.

A guilty plea to a sexual assault case in criminal court can make it especially easy for a victim to pursue a lawsuit against the defendant. After all, a guilty plea is an admission under oath that the assault occurred which can be used against that criminal defendant in a civil lawsuit. After a guilty plea, it is effectively impossible for a criminal defendant to deny that he is liable for a sexual assault against the victim in a civil lawsuit without committing the crime of perjury. In these situations, the only issue to be determined in a civil lawsuit is the amount of money due to the victim, since liability is effectively admitted to.

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Blog – § 1983 Case Plan:

Given the ever increasing number of claims being filed for excessive force, false arrest, and/or malicious prosecution against the City and/or the New York City Police Department (‘NYPD’), the United States District Court of the Southern District of New York (‘SDNY’)(serving Manhattan, White Plains and Middletown, NY) came up with a case plan to ensure the timely hearing of such cases. This is known as the ‘§ 1983 Plan’. This Plan intends to facilitate the speedy disposition of such cases, however, it only applies to certain types of cases (those which are less complicated, and could be resolved quickly by following this Plan).

Service of the Complaint:

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Blog – University Sexual Assaults:

The White House Council announced in January of 2014 their intention to target sexual assault against women and girls, particularly college women, in a report entitled ‘A Renewed Call to Action’. This report referenced a number of recent studies into this seemingly increasing epidemic, including the statistic that one in five women will experience sexual assault or rape while in college. It is also important to note that most victims of sexual assault know their attacker, and that sexual assaults often happen at parties.

Risk Factors:

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New York state assemblyman Edward Braunstein has proposed legislation to combat the growing problem of “revenge porn,” or the non-consensual disclosure of sexually explicit images. All too often, after a consensual sexual relationship ends, a bitter ex-husband or ex-boyfriend lashes out by posting sexually explicit images of his former lover on the internet. (Note: It is not illegal for websites to host these photos, as sites are not generally responsible for the content posted by non-employed users, though a number of attorneys have attempted to sue them on behalf of their clients. See Section 230 of the Communications Decency Act, at 47 USC §230[c]). The proposed bill, the text of which is below, would make it a class A misdemeanor punishable by up to one year in jail to disclose sexually explicit images when the victim had a reasonable expectation that they would not be shared outside of the relationship.

S T A T E O F N E W Y O R K

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“Defamation” is a word loosely used by people when they feel that another person has said something insulting and/or false about them. However, the word has a much more specific definition in the law, as it is defined as any intentional false communication, either written or spoken, that harms a person’s reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. In New York State, ‘defamation’ is a civil charge, and encompasses both written statements (“libel”) and spoken statements (“slander”).

In our practice we usually see defamation lawsuits brought when false criminal charges are levied against someone and which, for example, jeopardize their employment or even lead to their incarceration. While it certainly does not take much for someone to utter or publish a false statement about another person, properly prosecuting a lawsuit in such a case is no easy task as New York has rather demanding specific pleading requirements in these types of cases. Failure to properly craft these lawsuits renders actions defective (and for this reason, our firm has been very successful in defendant against them). What follows is a brief discussion of the law of defamation in New York:

To sustain a defamation claim under New York law, a plaintiff is required to show that:

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