Articles Tagged with 18 USC Section 2312

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Recently, Matthew Galluzzo obtained an excellent result for a client in federal court. One of four co-defendants in a conspiracy to ship stolen cars to Africa, our client was charged with violating 18 USC Section 2312. As alleged in the indictment, the group shipped millions of dollars of stolen and fraudulent-obtained cars to Africa (primarily Ghana). Galluzzo’s client pleaded guilty and faced a sentencing range of 10-16 months under the Federal Sentencing Guidelines (offense level 12 and Criminal History Category I).

Mr. Galluzzo submitted to the court a detailed sentencing memorandum describing the client’s difficult upbringing and hard work providing for his family. Mr. Galluzzo submitted character letters from the client’s family, friends and pastor in support of his good character and reputation. The court reviewed these submissions and, after a sentencing hearing in the Southern District of New York, decided not to impose an additional prison sentence upon him. The client will be on supervised release and able to continue with his current employment. (The client spent about six days in prison before arranging for the posting of his bail at the outset of the case and following his arrest.)

In addition, the client could have been subject to millions of dollars in restitution, meaning he might have been ordered to pay back money to the conspiracy’s victims to compensate them for the crimes. However, Mr. Galluzzo argued to the Court that such an award would have been unfair in his client’s case, given his minor role in the offense and his limited finances. The Court agreed not to impose any forfeiture or restitution penalties, as well.

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