Articles Posted in Current Events in Criminal Law (national)

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On June 14, an article in the Washington Post announced that special prosecutor Robert Mueller was investigating whether President Trump had obstructed justice by taking steps to impede the FBI's investigation into possible collusion by his campaign with Russian intelligence agents. Matthew Galluzzo appeared as a legal commentator on Fox 5 News New York to discuss this announcement.

The link is available here:

Report: Special counsel investigating Trump for possible obstruction of justice

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New York City owes much of its energy and excellence to the foreign citizens living and working here. Unfortunately, a visa or green card holder's right to remain in the United States can be seriously jeopardized by a Desk Appearance Ticket, even when the charges are comparatively minor misdemeanors. Many visa holders fail to take these arrests sufficiently seriously because the charges seem minor (like marijuana or subway fare theft) or because the arresting officer tells them "it's no big deal." Truthfully, though, career, educational, and family plans can be completely devastated by even a minor case of walking through the subway gate without paying, so it is absolutely critical that a foreign person arrested and issued a Desk Appearance Ticket retain competent counsel immediately.

In many ways, a Desk Appearance Ticket does not feel like such a big deal. The arrested person is usually handcuffed and taken to a police station where they are fingerprinted. They typically wait a few hours in a holding cell until they are given a piece of paper telling them the date and location of their appearance in court. Before Desk Appearance Tickets became routine, criminal defendants could expect to get "sent downtown" and spend the night in jail before seeing a judge. Obviously, Desk Appearance Tickets are preferable for criminal defendants because they spend less time in custody and also have the opportunity to choose counsel for themselves prior to going to court.

Make no mistake, however: the issuance of a Desk Appearance Ticket is in fact an arrest – it is not "just a ticket". More importantly for visa holders, this event is not going to "fly under the radar" with the immigration agencies. If you were arrested and given a Desk Appearance Ticket, your fingerprints and the arrest charges have been sent to a New York state agency (the Division of Criminal Justice Services) and to the FBI, which maintains a federal nationwide law enforcement database of all arrest events across the United States (the Interstate Identification Index). Visa and green card holders should understand that the immigration agencies, in processing visa renewal requests, access this database to investigate whether the visa applicant has an arrest record. Indeed, some visa holders actually receive emails from Department of Homeland Security (Immigration & Customs Enforcement) agents after their arrests, because the agency was notified of the arrest via the fingerprint database.

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Galluzzo & Arnone is now on Instagram! Follow the adventures of our attorneys and staff as they fight for their clients in state and federal court (and relax after hours).

The Instagram handle is "newyorkdefenselawyers" and we will be updating frequently.

Click below to see and learn more about us:

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G&A defense attorney Matthew Galluzzo recently earned a stunning trial acquittal in a federal sexual abuse case that had been extensively covered in the press. The client, charged with one count each of sexual abuse on an airplane (18 U.S.C. 2244(b)) and assault on an airplane (18 U.S.C. 113(a)(5)), went to trial in Brooklyn federal court (the Eastern District of New York) before Judge Pamela Chen. The jury deliberated about a day and acquitted the client of all charges, accepting his defense that his touching of the complainant had been an involuntary act committed while asleep. Five eyewitnesses testified for the prosecution.

If you or a loved one have been accused of a sex crime, you should strongly consider contacting the experienced criminal defense attorneys at Galluzzo & Arnone. In particular, Matthew Galluzzo is a former Manhattan sex crimes prosecutor and widely recognized expert on the investigation, prosecution, and defense of rape and sexual assault charges.

Some articles about the case from the press:

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H1B visas (allowing foreign citizens with highly specialized expertise in the areas of math, science and engineering, among others, to live and work in the United States) are highly sought after and not easy to get due to the limit – or “cap” – on the number of such visas granted each year. There are many highly-qualified professionals working in New York thanks to the H1B visa program, and they are welcome additions and assets to the community.

Unfortunately, even a minor arrest can derail an application or renewal for an H1B visa. The attorneys at Galluzzo & Arnone have represented many individuals with H1B visas who have received Desk Appearance Tickets for misdemeanor arrests, including, among other things: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), and Assault in the Third Degree (PL 120.00). Some of these cases are oftentimes resolved with adjournments in contemplation of dismissal (“ACDs”) that would generally be considered to be favorable dispositions. However, ACDs typically involve six month waiting periods before the cases are dismissed, and any people who need to apply for or renew their H1B visas during that six month period are precluded from doing so (and thus unable to remain in the United States at their chosen and hard-earned job). Put plainly, an H1B visa will not be renewed if a criminal case is pending or if the ACD waiting period is still outsanding. This effect has also been noted in the context of other visa applications, such as F1 and J1 visas.

While these are generally not considered the most serious of cases, for visa holders, even these comparatively minor criminal cases can impact your life, career and renewal applications in a number of other ways. For example, convictions for these crimes can result in job loss, permanent criminal records, deportation or inadmissibility, fines, and potentially even jail time. A criminal case should never be taken lightly, but foreign citizens with visas need to be even more mindful of the consequences of an arrest.

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Matthew Galluzzo, a criminal defense attorney and former Manhattan prosecutor, appeared on Fox 5 New York to share his thoughts and analysis of the judge's decision to grant Adnan Syed a new trial. Adnan Syed's murder conviction was made famous by the NPR podcast "Serial".

The TV segment is available here:

http://www.fox5ny.com/news/167860570-story

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Bill Cosby was arrested and arraigned on December 30, 2015 for allegedly sexually assaulting a woman in his home in Montgomery County, Pennsylvania in 2004. The arrest comes just days before the 12-year statute of limitation was set to expire for the crime. This case represents probably the only criminal prosecution that Bill Cosby is likely to ever face, despite the dozens of women that have come forward in the past fourteen months to claim that they were sexually assaulted by the famous actor/comedian.

The complainant, Andrea Constand (she has chosen to public identify herself), is a Canadian and former Temple University basketball player. In 2004, she was a Temple University employee that had sought out Bill Cosby’s mentorship. He allegedly made a couple of sexual advance on Ms. Constand that were rejected; indeed, it has been asserted that Ms. Constant is gay and was in a relationship with a woman at that time. Eventually, Ms. Constand went to Mr. Cosby’s home in Montgomery County, PA, and there, it is alleged that he gave her what he claimed were “herbal pills” that caused her to become incapacitated. Then, he allegedly sexually assaulted her.

Ms. Constand complained to a prosecutor in the ensuing year, but the prosecutor declined to press charges against Mr. Cosby, citing, among other things, that her accounts of the incident were allegedly inconsistent. Ms. Constand subsequently sued Mr. Cosby in civil court, and the matter eventually settled for an undisclosed amount.

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Recently, we have encountered several people wrongfully arrested by the police for allegedly groping or grinding people in the Times Square area. Typical charges for these types of arrests include the Class A misdemeanor Forcible Touching (PL 130.52) and Class B misdemeanor Sexual Abuse in the Third Degree (PL 130.55). Sometimes individuals arrested for these charges receive Desk Appearance Tickets and are told to come back to court on a later date, and sometimes they spend a night in jail before seeing a judge for their arraignment.

Times Square is obviously very crowded with pedestrian traffic, and individuals often bump into each other accidentally. This is especially so near the “kiss-cams” and associated video screens in Times Square, as people often clamor and jockey for position so that they can see themselves on the giant screens up above. Police officers monitor these areas in view of the cameras and have seemingly made several wrongful arrests of individuals who were simply trying to see themselves on the screen and inadvertently brushed into someone else. Fortunately, these cases can be defended at trial, as there is frequently no videotape to corroborate police officer observations, and the crowds make clear viewing angles almost impossible.

These charges can be extremely serious, however. As much as one year of jail time is a possible result, as is potential registration as a sex offender. Moreover, these charges can have very serious negative consequences or non-citizens, such as deportation.

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Two indictments were unsealed today in federal court in New Jersey and Brooklyn charging nine individuals with having participated in a unique scheme to profit illegally from stolen insider information. Many of the defendants have connections to the Ukraine, and their names are Vitaly Korchevsky, Vladislav Khalupsky, Leonid Momotok, Alexander Garkusha (Brooklyn) and Ivan Turchynov, Oleksander Ieremenko, Arkadiy Dubovoy, Igor Dubovoy, and Pavel Dubovoy (New Jersey).

In short, it is alleged that this conspiracy included skillful computer hackers and securities traders working together to steal valuable information and then use it to their advantage. More specifically, the alleged computer hackers used brute force attacks and a variety of other computer hacking techniques (such as SQL injections) to access confidential press releases containing financial data for publicly-traded companies prior to the information being made available to the public. Knowledgeable broker-dealers on the team then allegedly used the non-public information to make advantageous “insider” trades ahead of the market during the brief windows of time between the press releases being written and being released to the public. All in all, it is estimated that they were collectively able to profit illegally to the tune of $30 million.

A press release from the federal prosecutors handling the matter is available here. The charges generally include securities fraud, wire fraud, securities fraud conspiracy, and money laundering. (18 U.S.C. § 1349; 18 u.s.c. § 1343; 15 U.S.C. §§ 78j(b) & 78ff, and 17 C.F.R. § 240. lOb-5; 18 u.s.c. § 371; 18 u.s.c. § 1030; 18 U.S.C. § 1028A(a)(l); 18 U.S.C. § l 956(h); and 18 U.S.C. § 2). Copies of the indictments are accessible here and here via PACER.