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Our client, a scholarship football player at Howard University, was arrested at LaGuardia Airport attempting to check his handgun for his travel home to Atlanta. He was charged with a felony in Queens criminal court – specifically, Criminal Possession of a Firearm in violation of Penal Law Section 265.01-b(1). Conviction for a felony would have had a huge number of consequences for the client, including possible time in prison, loss of his school scholarship, and others.

Though the client had a license to lawfully own and carry his firearm in his home state of Georgia, that right does not apply in New York. As such, his license was not, strictly speaking, a defense to the charges in New York. Nevertheless, Mr. Galluzzo successfully persuaded Queens prosecutors that the client had no malicious intent in bringing the firearm to New York, and that his possession of it in LaGuardia was attributable only to his mistaken assumption that his license permitted him to bring it to New York. Mr. Galluzzo further provided evidence of the client’s status as a scholarship student-athlete, his record of community service, and his good character. The prosecutors reviewed Mr. Galluzzo’s written submission and ultimately agreed to dismiss the felony and misdemeanor charges. The client was allowed to plead guilty to a non-criminal violation with a $120 fine, meaning that the client will have no public criminal record and can lawfully say that he has never been convicted of a crime.

Every years, hundreds of people are arrested in New York area airports for bringing otherwise-lawful firearms into the city. If you or a loved one have been arrested for that offense, you should strongly consider contacting Mr. Galluzzo. Mr. Galluzzo has successfully represented many people accused of having weapons at the airport with a strong record of success. As a former New York City prosecutor himself, he knows how to best persuade prosecutors to show leniency and decline to pursue felony charges against generally law-abiding people.

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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Articles Tagged with airport

Galluzzo obtains great result for client arrested with firearm at LaGuardia Airport

DEA cash seizures and the issues that follow