Articles Tagged with Southern District of New York

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Mr. Galluzzo, a criminal defense attorney and former New York City prosecutor, recently represented two individuals in separate federal grand jury investigations. The first individual received a grand jury subpoena in connection with an investigation into a fatal shooting. Mr. Galluzzo successfully persuaded federal prosecutors from the Southern District of New York that the client had a basis to invoke the Fifth Amendment should he be called to testify, and prosecutors agreed to withdraw the subpoena. The second individual received a subpoena to testify about an investigation into several fatal drug overdoses in Westchester County potentially linked to the same drug dealer. Mr. Galluzzo negotiated on behalf of his client, and he was able to answer the prosecutor’s questions informally in his office with the protection of a proffer agreement, instead of under oath and before the grand jury. Both of these clients were relieved not to have to testify in the grand jury and were generally thrilled with the outcome of Mr. Galluzzo’s negotiations.

If you or a loved one receives a grand jury subpoena, you need to contact a criminal defense attorney immediately. This subpoena cannot be ignored, but can carry substantial risks for the person who receives it. In some cases, the person receiving the subpoena may be able to assert the Fifth Amendment. In other cases, it may be possible to negotiate immunity from prosecution in exchange for testimony. In other cases, it may be possible to simply answer investigators’ questions without doing so under oath and before a grand jury. In that latter case, it is critical to only speak with an attorney’s assistance and after entering into a proffer agreement. Mr. Galluzzo has represented dozens of witnesses and cooperating witnesses over the years, and understands hos prosecutors think and build cases (as he himself is a former prosecutor). If you have received a grand jury subpoena from a prosecutor in the Southern or Eastern Districts of New York, you should strongly consider contacting him immediately.

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Mr. Galluzzo recently obtained an excellent result for a client in Brooklyn federal court charged with Conspiracy to Commit Access Device Fraud, in violation of 18 U.S.C. Section 1029(b)(2) and (c)(1)(A)(ii). The client pleaded guilty pursuant to a plea agreement with a sentencing range under the Guidelines of 12-18 months in prison. Following the client’s guilty plea, Mr. Galluzzo presented to the federal judge the evidence of the defendant’s background, his immigration to the United States, his family, and his employment history. With a persuasive sentencing memorandum – including supporting documents and letters from the client’s family – Mr. Galluzzo successfully persuaded the federal judge to sentence the client to just over 7 months in prison, instead of the 12-18 months recommended by the Federal Sentencing Guidelines.

The truth of the matter is that the vast majority of federal defendants plead guilty. It is important for federal defense attorneys to be skillful in negotiating favorable plea bargains. But even more important for a federal defense attorney is the ability to craft persuasive sentencing arguments. These can make a real difference for federal defendants – sometimes it is the difference between a long sentence and a short sentence, or a sentence of probation instead of a prison sentence.

Matthew Galluzzo is a former Manhattan prosecutor and experienced federal criminal defense attorney. If you or a loved one have been charged with a federal crime, you should strongly consider retaining him. His significant experience advocating for defendants in federal court helps him obtain excellent results for his clients.

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Last Friday, Matthew Galluzzo achieved another great sentencing result for a client in a New York City federal case. The client had pleaded guilty to a long list of violent crimes, including participating in a robbery that resulted in a homicide. Pursuant to the federal Sentencing Guidelines, the client faced a recommended sentence of life. Taking several other factors into consideration, the Department of Probation recommended that the judge impose a sentence of 96 months, or eight years, instead of the life sentence recommended by the federal Sentencing Guidelines.

Mr. Galluzzo submitted a sentencing memorandum that the judge described at sentencing as “very compelling,” and sentenced the client to time served, equivalent to 51 months. The client – who had spent the last 4+ years in various facilities including MCC New York and MDC Brooklyn, was released from the courthouse and went straight home. Obviously, he was elated with the result, which about half of the sentence recommended by Probation and considerably less than that recommended by the Sentencing Guidelines.

Most federal defendants plead guilty. Indeed, statistics show that almost 98% of federal defendants plead guilty to some crime. Oftentimes, a defense attorney’s most valuable contribution in a case is at the sentencing phase. There, criminal defense attorneys must make the most persuasive case for leniency. Mr. Galluzzo spends time to really understand his client and his history in order to make the best arguments to the judge. As a result of his hard work, he consistently gets his clients sentences below those recommended by the US Sentencing Guidelines, with this last case being a particularly striking example.

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On December 14, federal prosecutors in Manhattan announced two new indictments against several individuals accused of conspiring to commit wire fraud and money laundering through alleged phony cryptocurrency schemes called Forcount and IcomTech. These cases present interesting challenges for both prosecutors and defense attorneys, however, because of the high volatility of the cryptocurrency market and the oftentimes lax regulation of the industry.

The allegations in these cases suggest that the defendants used the public enthusiasm and fervor around cryptocurrency investing to run what amounted to a Ponzi scheme with a crypto appearance. The defendants allegedly went to crypto conventions and investor events and flashed conspicuous wealth in order to persuade people to invest in their cryptocurrencies. The defendants allegedly used a software platform to allow investors to see their investments growing, but the defendants would not allow the investors to withdraw funds. Meanwhile, these defendants allegedly used the investor funds for their own purposes and spent the money lavishly.

The defendants might argue that there was in fact a real cryptocurrency investment that simply failed, as so many cryptocurrencies have. (Some reputable economists might even argue that the entire cryptocurrency industry is, at base, a Ponzi scheme in and of itself.) Prosecutors will use bank records and other evidence to show that these investor accounts ran dry because they were emptied by the defendants.

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Last week, a client of the Law Office of Matthew Galluzzo PLLC was very pleased to receive a very lenient sentence in a federal case involving charges of 18 U.S.C. Section 922(g). Our client – a 49-year-old man with several prior (but old) felony convictions – was arrested after shooting another person in the leg following a dispute on a Brooklyn sidewalk. The federal government charged him violating 18 U.S.C. Section 922(g) for possessing ammunition and having previously been convicted of a felony. The charge carries a maximum penalty of ten years in prison.

The entire incident was captured on surveillance tape from nearby buildings, and a witness identified our client as the shooter. Initially, the prosecutors sought a sentence near the maximum, between 8 and 10 years in prison. After a lengthy period of negotiation, the client’s attorney, Matthew Galluzzo, secured a plea agreement for the client with a sentencing range of between 33-41 months under the Federal Sentencing Guidelines. However, following the client’s guilty plea, it was up to the federal judge to decide his ultimate sentence (the Sentencing Guidelines are advisory but not mandatory).

Prior to the sentencing hearing, Mr. Galluzzo submitted a lengthy memorandum detailing the client’s difficult upbring, his long period of productive employment, his supportive family network, his remorse for the crime, and the terrible conditions the client had endured at MDC Brooklyn during the pendency of the case. The federal judge (Judge Donnelly) was thus persuaded to give our client a downward variance far below the sentencing Guidelines, in sentencing him to 24 months in prison. Given the time that he has already spent in custody, that amounts to a sentence only slightly longer than time served. The client was thrilled was this result and with the prospect of returning home to his wife and son soon.

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A charge of 18 USC Section 924(c) for using or possessing a firearm in the course of drug trafficking or some other violent crime is a common criminal charge in federal court. The charge also carries very significant potential penalties that must run consecutive any other sentences imposed for other related crimes. Thus, if you or a loved one have been arrested or indicted for this crime, you should seriously consider retaining an aggressive and experienced federal criminal defense attorney like Matthew Galluzzo.

The statute reads as follows (18 U.S.C. § 924(c)(1)):

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Federal murder cases are some of the most obviously serious cases in American criminal law. Under some circumstances, federal murder charges can involve the death penalty (even in states where the death penalty is illegal at the state level).

The most common two murder charges at the federal level are contained in 18 U.S.C. § 1111 and § 1117. The former describes federal murder as being the unlawful and killing of another human being with “malice aforethought.” Spur-of-the-moment killings thus might be charged as manslaughter instead, though “malice aforethought” does not require more than a moment’s reflection on the part of the actor. The charge is broken down into two degrees: first and second degree murder.

First degree murder involves those intentional killings perpetrated by “poison, lying in wait, any other kind of willful, deliberate, malicious and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed…”  First degree murder is punishable by death or life in prison.

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The criminal defense attorneys at the Law Office of Matthew Galluzzo have successfully represented many people charged with wire fraud 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.

The crime of wire fraud occurs when someone voluntarily and intentionally uses an interstate communications device (such as a telephone) as a part of any scheme to defraud another of property, or anything else of value.

The main criminal statutes that apply to wire fraud are 18 U.S.C. §§ 1343 and 1349. Those statues refer to fraud by wire, radio, or television.

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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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A huge percentage of the criminal cases in federal court involve charges relating to the trafficking of drugs, narcotics, and controlled substances. Convictions for these crimes carry serious penalties and sometimes involve mandatory minimum prison sentences. Usually, a person accused in federal court of possessing or trafficking controlled substances is charged with violating 21 USC 841, which makes it a crime to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance. Section 841(b) sets forth the potential penalties for this offense, and it depends primarily upon the quantity of controlled substance possessed/distributed in the aggregate. What matters for sentencing purposes is not the number of transactions or the frequency of the activity, but the total volume of drugs possessed or distributed over time. If the quantities involved surpass a certain threshold (depending on the drug), as set forth in Section 841(b), then there can be serious mandatory minimum prison sentences for the offenders. Those mandatory minimum sentences notwithstanding, the potential penalties for these offenses are governed by the complex system set forth in the federal sentencing guidelines. For more on the federal sentencing guidelines, click here.

Federal cases involving narcotics charges typically are the result of long-term investigations by the FBI, the DEA, Homeland Security, or a joint task force involving local police like the NYPD. As such, there are oftentimes wiretaps, surveillance tapes, confidential informants, and search warrants. An effective defense requires an attorney who can review the evidence and the law enforcement processes to determine whether any constitutional rights were violated.

Many unfortunate individuals never actually possessed or distributed narcotics but nonetheless find themselves charged in federal court on account of the conspiracy laws encapsulated in 21 USC 846. That statute explains: “Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” Basically, this means that a person who plays any knowing role whatsoever in another person’s illegal business is criminally liable for the entirety of that conduct. For example, a person who introduces two people for the purpose of a drug transaction can be expected to be charged as an equal to whatever drug transaction ultimately occurred. A person who acts as a lookout during a drug transaction could be treated as equally culpable to the seller of the narcotics. A person who simply rents an apartment to someone whom he knows is dealing drugs from the apartment could be guilty of “conspiring” to assist the dealer. These are just a few examples of people who could be charged in ways that seem unfair in light of their relatively modest role in the crime. We have however defended many girlfriends of drug dealers and casual acquaintances of true criminals who have found themselves knee-deep in serious federal cases after having had only fleeting or tangential involvement in the cases. But this is the reality of federal conspiracy law.

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