Federal Criminal Defense
Representing clients in New York
Federal criminal charges can be filed by the U.S. government against individuals engaging in immigration crimes, drug crimes, or white-collar crimes.
With an overall 98% conviction rate, and lengthy jail sentences, it is imperative to seek the representation of an experienced and dedicated Criminal defense attorney that can aggressively protect your rights.
Federal cases are thoroughly investigated before being filed, and federal prosecutors have virtually unlimited spending powers to pursue investigations. This is why defendants always face a very arduous battle in Federal Court.
More importantly, an immigrant convicted of a federal crime is likely to be placed into deportation proceedings right after serving his or her sentence.
The term white-collar crime was coined in 1939 during a speech given by Edwin Sutherland to the American Sociological Society. Sutherland distinguished blue-collar crimes such as robbery or murder from white-collar crimes. The last ones are non-violent crimes committed for financial benefit often by business and government professionals through their occupation.
Two of the most common categories of white collar offenses include Racketeering and Fraud.
Racketeering refers to the offense of obtaining money through an illegal enterprise. In 1970, the Federal Government passed the Racketeer Influenced and Corrupt Organization (RICO) Act (18 U.S.C. § 1961).
RICO is specifically designed to punish criminal activity by business enterprises controlled by organized crime. A defendant might be sentenced up to 20 years in prison for each RICO violation and he or she must disown any interest and property or contractual rights over his or her enterprise.
Some of the most popular cases of racketeering offenses are:
- Money laundering;
- Murder for hire.
Fraud refers to unlawful conduct in order to circumvent the precise provisions of the law, making a false statement, or producing false documents. Fraud cases include, but are not limited to:
- Business Financial Fraud;
- Internet Fraud;
- Health Care Fraud;
- Mortgage Fraud;
- Tax Fraud;
- Securities Fraud;
- Credit Card Fraud;
- Insurance Fraud;
- Immigration crimes.
Federal immigration crimes can be committed by both immigrants and United States citizens, and can lead to lengthy prison sentences, fines for hundreds of thousands of dollars, and permanent ineligibility for any immigration benefit.
As commonly known, the immediate relatives of U.S. citizens may obtain permanent residency, or Green Card. Marriage fraud occurs when the marriage is contracted under false pretenses, in order to circumvent the immigration laws of the United States.
Marriage fraud is a federal felony offense that carries serious punishments and immigration consequences. In cases like this, it is crucial to be represented by an experienced criminal immigration attorney.
An immigrant who has committed a marriage fraud may be removed from the United States and denied any future immigration benefit. Federal law provides that any person who knowingly enters into a marriage for the only purpose of evading any provision of the immigration laws shall be imprisoned for a period not exceeding five years or a fine not exceeding $ 250,000 or both. Furthermore, the U.S. Department of Immigration (USCIS) is authorized to revoke permanent resident status or seek denaturalization of individuals that obtained immigration benefits fraudulently.
The crime of illegal reentry (8 USC § 1326) is committed by immigrants that enter the United States without inspection (EWI) after a final order of deportation. Immigrants that were removed from the United States for commission of one or more aggravated felony, face up to 20 years in jail if they try to reenter.
Drug offenses cover a wide variety of activities related to controlled substances, such as possession, manufacture, or distribution.
The most common controlled substances are:
- Prescription drugs;
- Synthetic drugs.
Drug-related criminal offenses tend to have the toughest sentencing guidelines. The least severe consequences of a drug conviction are loss of driving license, fines, or probation. Otherwise, mandatory jail sentences or 5, 10, or 20 years may be imposed.
Moreover, Federal law provides that immigrants convicted of offenses related to controlled substances are deportable from the United States and are ineligible for Waivers of Inadmissibility.
If you are accused of any drug crimes, it is important to speak to a criminal defense attorney as soon as possible. Under the Fourth Amendment to the U.S. Constitution, drugs that were unlawfully seized by the police or federal agents, can’t be used against an accused at trial.
Contact us if you have been arrested or are a subject of criminal investigations
Our range of services includes the following:
- Defending criminal matters before state and federal trial courts;
- Conducting internal investigations in cases where there is suspected criminal activity or misconduct;
- Addressing issues of corporate criminal liability based on the acts or collective knowledge of employees. We can advise companies on their special duties and obligations in the case where criminal action is being or may be pursued, including disclosure obligations under securities and government contract laws;
- Representing clients who are not themselves the targets of criminal proceedings, but whose interests may be implicated;
- Representing potential defendants and witnesses in grand jury proceedings. Relevant issues include: multiple representation, coordination of joint defense arrangements among companies or between a company and its employees, privilege and immunity;
- Advising on the Foreign Corrupt Practices Act;
- Representing clients facing criminal allegations in the antitrust area such as price-fixing, bid rigging, market allocation, boycott activity and other charges;
- Advising in respect of government contract offenses, tax weapons and import violations, federal election laws, employee misconduct, labor and employment law violations, perjury, obstruction of justice and witness tampering.