narcotics

Published on: September 15, 2023

Penal Law 220.77 – operating as a major trafficker (Class A-I felony)

One of the most serious charges in New York state criminal law is Operating as a Major Trafficker, in violation of Penal Law 220.77. That charge makes it a Class A-I felony to traffic in controlled substances worth $75,000.00 or more. This can be accomplished in three different ways:

1. act[] as a director of a controlled substance organization during any period of twelve months or less, during which period such controlled substance organization sells one or more controlled substances, and the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more; or

2. As a profiteer, such person knowingly and unlawfully sells, on one or more occasions within six months or less, a narcotic drug, and the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more, or

3. As a profiteer, such person knowingly and unlawfully possesses, on one or more occasions within six months or less, a narcotic drug with intent to sell the same, and such narcotic drugs have a total aggregate value of seventy-five thousand dollars or more. Operating as a major trafficker is a class A-I felony.

Unlike most of the other charges in Chapter 220 of the Penal Law, this particular charge focuses on the value of the narcotics, rather than the weight or quantity of the narcotics. Of course, the value of a quantity of narcotics can be easily disputed. Interestingly, this charge also aggregates the narcotics trafficking over time, whereas most state-court drug cases involve single transactions. Also, many times, charges are brought without sufficient proof that the accused played a supervising role in an actual organization.

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Published on: July 21, 2022

Defending against Federal Drug Overdose Cases – 21 USC 841

By Matthew J. Galluzzo

Federal prosecutors sometimes have a powerful statute to use against drug sellers whose products cause fatal overdoses. Specifically, 21 U.S.C. Section 841 – the most common federal narcotics distribution charge – includes enhanced penalties for situations in which the defendants have sold or distributed narcotics that caused overdose deaths. A charge with no mandatory minimum under normal circumstances might carry a 20-year minimum where it can be proven that the drug that was sold caused someone to die. Some prior felons can also face potential mandatory life sentences for selling narcotics that cause fatalities. Even in a case in which the prosecution may not be able to prove beyond a reasonable doubt that the narcotics caused a death, the prosecution may be able to secure a very stiff sentence under the federal Sentencing Guidelines, where the evidence proves by a preponderance of the evidence that the defendant’s product is responsible.

First, the government has to prove that the defendant actually sold drugs to the deceased person. Law enforcement frequently uses text messages and phone records to prove transactions in these cases. Law enforcement also frequently attempts to purchase narcotics themselves (undercover) from the target/suspect. That way, in the very least, the government can prove a charge of 21 U.S.C. Section 841, if not the overdose aspect.

Many drug overdoses are polydrug situations, meaning that the deceased person ingested more than one drug recently. In those cases, it can be more complicated to ascertain the precise “but for” cause of death. Certain drugs may interact with each other in unclear ways, and other drugs may work together in aggregate towards the same toxidrome. It is critical to have the assistance of a toxicological expert and an attorney familiar with some of the issues in overdose analysis. Many if not most of the federal prosecutions in this sphere nowadays involve fentanyl, and that drug is indeed far more potent, prevalent and deadly than most others. But that doesn’t mean that fentanyl – even when it shows in the victim’s bloodwork – is always the but for cause of death.

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Published on: July 1, 2022

16 Defendants Charged in Connecticut Indictment (Narcotics and Firearms)

By Matthew J. Galluzzo

On June 28, the U.S. Attorney for the District of Connecticut announced an indictment charging sixteen individuals with a variety of federal crimes relating to the distribution of narcotics and the possession of firearms. The charges are extremely serious and carry lengthy potential jail sentences.

The indictment charges the following individuals:

LUIS FELICIANO, a.k.a. “Louminaty,” 38, of East Hartford

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Published on: October 30, 2021

Fetty Wap hit with Federal Narcotics Charges in Long Island

By Matthew J. Galluzzo

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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Published on: June 30, 2021

Connecticut Federal Court Criminal Defense Attorney

By Matthew J. Galluzzo

If you or a loved one have been charged with a federal crime in Connecticut, you need an experienced and aggressive criminal defense attorney to assist you as soon as possible. Matthew Galluzzo, a former Manhattan prosecutor with over twenty years of experience, has lived in Connecticut for a decade. He specializes primarily in defending against federal criminal charges, and has successfully represented numerous clients charged in federal court with crimes relating to:

Narcotics (21 U.S.C. 846 and 21 U.S.C. 841)

Wire fraud (18 U.S.C. 1343)

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Published on: March 8, 2019

Money laundering charges in federal court – 18 U.S.C. § 1956

By Matthew J. Galluzzo

The criminal defense attorneys at the Law Office of Matthew Galluzzo have successfully represented many people charged with money laundering in federal court. This serious accusation can result in very significant penalties, including huge fines and lengthy prison sentences. However, these charges are also frequently quite defensible, too. As such, if you or a loved one have been accused by federal prosecutors of money laundering, you should strongly consider contacting The Law Office of Matthew Galluzzo’s team of former prosecutors.

Money laundering charges typically go hand-in-hand with other related criminal charges brought by law enforcement. Individuals involved in narcotics trafficking, loansharking, racketeering, or Medicare fraud, for example, usually conduct their business in cash for understandable reasons. The problem that these people oftentimes face, however, is that they cannot use their criminal proceeds to purchase things that they want to buy, like real estate for example. This is when money laundering becomes relevant.

Typically, money laundering charges arise when a person with a quantity of illegally-derived cash wants to put the money into a bank account or buy assets with it. A criminal might seek to launder his or her own illegal money by depositing it into a bank account or wiring it to another account. He or she might also enlist the assistance of a professional launderer who takes a percentage of the laundered funds in exchange for depositing them into an account or investing them in some business or asset. The criminal with cash may also manipulate an unwitting novice into laundering it for them, so as to escape responsibility in the event the laundering is discovered.

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