The vast majority of New York State criminal cases end in plea bargains; getting a favorable one, however, largely rests on the shoulders of your defense lawyer. And while many cases allow for easily negotiated pleas, many others involve deeply unpopular conduct or which have overwhelming evidence against the defendant. These are the cases which require creativity from your attorney to achieve the best result possible. In this post, I will discuss pre-pleading submissions; as the best New York criminal attorneys know, a well-researched and thorough document presented to the prosecutor and/or judge which extolls the virtues of the defendant or highlights mitigating factors of the defendant’s behavior can mean the difference between lengthy prison sentences and probation. Continue reading
If you are being investigated for theft of funds from your place of work, how you immediately respond will go a long way in determining whether you end up convicted of a crime, imprisoned or merely forced to leave your job. Because only in the most extreme circumstances will you first learn of this investigation at the time you are arrested, you will have ample opportunity to shape how the investigation ends. For this reason, it is important to hire the best criminal defense attorney you can find whether you work in New York, New Jersey, Connecticut or anywhere else and get the appropriate advice to ensure that your future is not destroyed. Continue reading
Yuval Marshak, an Israeli national extradited from Bulgaria and charged with allegations of schemes to defraud a multi-billion United States foreign aid program – the Foreign Military Financing program (“FMF”) – has retained Jeffrey Lichtman to defend him in the United States District Court of Connecticut. Mr. Marshak is alleged to be a former owner and executive of an Israel-based defense contractor and carried out multiple schemes to defraud the FMF from 2009 through 2013. Continue reading
Federal tax cases are peculiar in that they tend to mean different things to different judges – unlike the rank and file federal criminal charges: wire and mail fraud, money laundering, RICO, extortion, narcotics offenses, child pornography charges, perjury, etc. – in all such cases judges are universally offended by the crimes and sentence accordingly. Tax cases are a different animal and how your lawyer handles your particular judge will go a long way in determining whether you will receive a sentence which includes incarceration. Continue reading
Jeffrey Lichtman has been hired by two men who are alleged to have stolen 5,400 Bitcoins – worth approximately $6.6 million – from the online drug sales website Sheep Marketplace in 2013. Last week, the United States Attorney’s Office in Jacksonville released civil forfeiture documents detailing the 2014 return of $4.5 million in cash and other assets; no criminal charges have yet been brought against the two men. Continue reading
Recently we’ve had a spate of New York grand larceny cases/fraud cases involving defendants who have been accused of stealing money in the course of their business dealings. Each case had its own difficult issues: one had horrible press coverage and an entire community pressuring the District Attorney for a heavy jail sentence; one involved a car dealer who, according to the prosecutor, had committed the same fraud previously; and lastly, a financial adviser was accused of stealing from an elderly client. Each case ended with the same result: none of our clients spent a day in jail and one wasn’t even criminally charged. Whether your case is in Manhattan, Brooklyn, Queens, Westchester, Rockland County, Long Island or even Connecticut – the strategies employed to achieve these great results work universally. Hiring a top New York criminal defense attorney can mean the difference between jail time and a minor inconvenience in your life. Continue reading
Accused of stealing nearly $1 million from her travel agency’s clients, our client pleaded guilty last week in Manhattan Supreme Court to Grand Larceny in the Third Degree and Scheme to Defraud in the First Degree in this highly publicized and emotionally-charged case. Nevertheless, despite a public outcry from the Chinese community for our client to receive a custodial sentence, we convinced prosecutors that repaying approximately half the allegedly stolen funds to victims would be a better ultimate result for all. In the end, the best New York criminal attorneys know that keeping your client out of jail when the public is calling for her head is the main goal in any criminal defense. Continue reading
Being charged in federal court in the Southern or Eastern District of New York – or any federal court – with stealing government property (18 U.S.C § 641) is an incredibly serious crime. And while many of the best criminal attorneys in New York, New Jersey, Connecticut, Westchester and Long Island can discuss these cases, very few can actually say they’ve represented a defendant in one of the most serious such cases ever charged by the government: the theft of proprietary software code from the Federal Reserve Bank of New York by a Chinese national computer programmer, who was initially thought to be a spy. The software code cost nearly $10 million to develop and was used to track the federal government’s finances. Making matters worse, our client had already confessed the crime prior to hiring us and had also engaged in federal immigration fraud. With all these complicating factors and facing up to 10 years in prison, the situation seemed hopeless to many. However, hard work and perseverance caused a much different than expected result.
Former New York State Assembly Speaker Sheldon Silver was convicted on the third day of jury deliberations of all counts in his five week trial in Manhattan federal court this week, and now faces up to 20 years in prison for his convictions for honest services fraud, money laundering and extortion relating to his obtaining nearly $4 million in exchange for using his position to benefit a cancer researcher and two real estate developers. So what went wrong? What would a top Manhattan criminal lawyer have done differently?
First, this was not a surprising verdict despite there being no true ‘smoking gun’ against Silver. Albany has long been thought of as a cesspool by New Yorkers and following conviction after conviction of New York politicians, jurors came into the trial presuming Silver’s guilt – instead of cloaking him in the presumption of innocence our constitution provides. Therefore, presenting a conservative defense would not be a winning strategy by his lawyers; unfortunately, that is exactly what he got: after an avalanche of evidence demonstrating the quid pro quo between Silver and various benefactors who steered cases to Silver-connected law firms in exchange for official actions which benefited them, Silver’s attorneys essentially claimed this was legal business as usual in Albany, and finished the trial with Silver sitting on his hands instead of testifying on his own behalf. Not surprisingly he was soon thereafter convicted. Continue reading