Articles Posted in Narcotics

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Platinum selling rap artist Fetty Wap (real name Willie Junior Maxwell II) was arrested and arraigned on October 29 pursuant to a federal indictment charging him and five other men with Conspiracy to Distribute Narcotics (the other five men were also charged with Use of Firearms in Connection with a Drug Crime). The charges are incredibly serious and Fetty Wap faces very significant jail time.

According to a press release from the U.S. Attorney’s Office for the Eastern District of New York, the rapper and five other men trafficked in significant quantities of heroin, cocaine, and the especially-dangerous drug, fentanyl. The defendants (including Anthony Leonardi, Robert Leonardi, Brian Sullivan, Anthony Syntje, and Kavaughn Wiggins) have all been arrested and detained pending trial. Prosecutors claim to have recovered at least 16 kilograms of cocaine, 2 kilograms of heroin, and fentanyl, though it is certain that they will allege that the group is responsible for far more than that. Indeed, the press release describes the amount of drugs trafficked by the crew as “massive”.

Fetty Wap is unlikely to be released on bail pending trial, though it may be possible given his likely financial resources. However, in federal narcotics cases of this size and scale, the presumption for judges is that a defendant should be detained pending trial. Fetty Wap would have to convincingly demonstrate that he does not pose a risk to the public, and that he would not flee if released on bond. Given his resources (and possible ability to live abroad), the amount of prison time that he is potentially facing, the fact that his codefendants are indicted for using firearms, and the fact that he allegedly trafficked in fentanyl, which is notorious for causing fatal overdoses, it seems unlikely that he will be bailed out pending trial.

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In federal court, the sentences for narcotics trafficking can be quite severe. The maximum and minimum penalties are generally contained in 21 U.S.C. Section 841. The Federal Sentencing Guidelines also help predict a likely outcome for a federal narcotics case. Generally speaking, the charges normally can be divided into three subsections of the law: 21 U.S.C. Section 841(b)(1)(A) provides for a ten year mandatory minimum sentence, 21 U.S.C. Section 841(b)(1)(B) most provides for a five year mandatory minimum sentence, and 21 U.S.C. 841(b)(1)(C) has no mandatory minimum sentence. However, those penalties can change significantly if a person overdoses or dies as a result of the drug at issue, and if the convicted seller has a prior conviction for selling narcotics.

For example, if a person is convicted in federal court of selling even a small amount of drugs, and one of his customers dies from an overdose, the minimum penalty immediately becomes 20 years. If the convicted person also has a prior conviction for selling narcotics, that person may face a life sentence for having sold drugs that results in an overdose.

These cases can certainly be defended against at trial. It can be difficult for prosecutors to prove which drugs a deceased person may have consumed, who they purchased them from, or whether the drugs were actually responsible for the person’s death. However, these cases are extremely serious and should be defended by an attorney with experience in these matters. Matthew Galluzzo, a federal criminal defense attorney and former Manhattan prosecutor, has defended individuals accused of trafficking narcotics resulting in death. If you or a loved one are facing federal charges relating to narcotics, you should strongly consider contacting him to discuss his possible engagement.

 

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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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