New York Criminal Defense Lawyer Blog

Tractor-Trailer Hijackers Going Away to Federal Prison For a Long Time

2009-04-28T20:13:55Z

The United States Attorney for the Southern District of New York announced yesterday that three convicted truck hijackers – Rafael Rodriguez, Angel Diaz and Jorge Cedeno- have been sentenced to long terms of imprisonment. The three men allegedly hijacked tractor- trailers at gun point. They also allegedly used flex-ties to restrain the truck drivers in their sleeper berths or trucks. Rafael Rodriguez was sentenced to 55 years having been convicted of conspiracy to commit kidnapping, conspiracy to commit armed robbery, two counts of kidnapping, two counts of armed robbery and two counts of firearms charge. Angel Diaz was sentenced to 37 years having been convicted of conspiracy to commit kidnapping, conspiracy to commit armed robbery, kidnapping, armed robbery and a firearms charge. Jorge Cedeno was sentenced to 26 years having also been convicted of conspiracy to commit kidnapping, conspiracy to commit armed robbery, kidnapping, armed robbery and a firearms charge. The three men were convicted after a five week jury trial back in July of 2008. The sentences were handed down by United States District Judge Colleen McMahon.

Former New York Giant Pleads Guilty to Fraud

2009-04-21T19:42:01Z

The United States Attorney for the Southern District of New York announced yesterday that Clyde “Peter” Hall –who was a member of the New York Giants in the 1960’s- plead guilty yesterday to one count of conspiring to commit wire fraud and five counts of substantive wire fraud. Hall in exchange for a "refundable" prepaid fee allegedly promised to provide his victims various bank instruments worth hundreds of millions that they could use to obtain loans or fund lucrative investments. Hall allegedly delivered fake bank instruments or did not deliver any bank instruments at all to his alleged victims. Hall –age 70- faces up to 20 years on each count for a total possible federal prison sentence of 120 years. He also faces a fine on each count of $250,000 or twice the gross gain or loss derived from each offense. Hall is scheduled to be sentenced August 7, 2009 at 10:00 a.m.

Cleveland Brown Wide Receiver Donte Stallworth Charged with DUI Manslaughter

2009-04-02T22:54:13Z

DUI manslaughter charges were filed yesterday in Dade County Circuit Court against Cleveland Brown’s wide receiver Donte Stallworth in connection with the death of Mario Reyes. Stallworth appeared before Circuit Court Judge Dennis Murphy today. Stallworth was released on a $200,000.00 surety bond. Stallworth is scheduled for an arraignment hearing on April 23, 2009 at 9:00 am. Reyes was struck and killed earlier this month by a motor vehicle being operated by Stallworth. Stallworth allegedly had a BAC of .126 at the time of the accident. If convicted, Stallworth could be sentenced up to 15 years in prison. However, Stallworth’s defense attorneys presumably have accident reconstruction experts looking at the issue of whether Stallworth’s alleged intoxication was a factor in the accident. It may very well turn out that Stallworth could not have been able to avoid striking Reyes –who was attempting to catch a bus home from work at the time of the accident- even if he had been stone sober. The charges pending are merely allegations and Stallworth is presumed innocent unless and until proven guilty in a court of law.

New York Yankee Joba Chamberlain Pleads Guilty to Driving Under the Influence of Alcohol

2009-04-02T04:16:48Z

On October 18, 2008, New York Yankees pitching ace-Joba Chamberlain- was arrested by a Nebraska State Trooper on suspicion of driving under the influence of alcohol, speeding and having an open container of alcohol in a car. The authorities have reported that Joba’s blood alcohol content was .134 percent. According to the Associated Press, Joba entered a plea of guilty today to driving under the influence of alcohol in full satisfaction of the charges. The reports further state that Judge Laurie Yardley sentenced Joba to probation, fined him four hundred dollars, suspended his driver’s license for 60 days and ordered him to take an alcohol education class. Joba is quoted as stating " I made a mistake and hope over time to turn this into a positive learning experience for me and others." With that outlook, it is easy to understand why Joba Chamberlain is a winner.

Former Bank Manager Sentenced to Sixty-Three Months in Federal Prison

2009-03-27T02:18:33Z

Oscar Sanchez –of Brooklyn - is a former branch manager for the Bank of America. He allegedly assisted the “Khan Ring” with opening fraudulent bank accounts and lines of credit at the Bank of America in exchange for an estimated one hundred thousand dollars. The scheme allegedly cost the Bank of America approximately two million dollars. On August 15, 2007, a federal indictment was unsealed charging Oscar Sanchez -amongest others- with conspiracy to commit identification document fraud, production of false documents, use of false ID documents to commit other crimes, aggravated ID theft , conspiracy to commit access device fraud, access device fraud, conspiracy to commit bank fraud and bank fraud. On November 13, 2008, Sanchez pleaded guilty in federal court in Manhattan to one count of bank fraud. On March 25, 2009, Sanchez was sentenced in federal court in Manhattan to sixty-three months in federal prison. Bank Fraud carries a maximum sentence of thirty years in federal prison.

Bernard L. Madoff to Stay In Jail Pending Sentencing

2009-03-21T14:03:58Z

Bernard L. Madoff appealed the judgment of the United States District Court for the Southern District of New York denying him bail pending sentencing pursuant to 18 U.S.C §§ 3143(a) and 3145(c). The U.S. Attorney’s Office filed a forty-one page affirmation in opposition to Madoff’s motion for a stay and reinstatement of bail pending sentencing. The United States Court of Appeals for the Second Circuit yesterday issued a three page decision denying Madoff’s motion having found that the district court did not clearly err in its assessment that Madoff had failed to show by clear and convincing evidence that he was a flight risk.

Accountant Charged In Madoff Case

2009-03-18T20:41:27Z

The United States Department of Justice has announced that New York CPA David L. Friehling - who was the accountant for Bernard L. Madoff Investment Securities, LLC - turned himself in today to federal authorities. Friehling is charged with securities fraud, aiding and abetting investment advisor fraud and four counts of filing false audit reports with the United States Securities and Exchange Commission. Friehling –who was the accountant of the company for the last seventeen years- allegedly falsely certified that he had prepared and audited various financial statements in accordance good accounting standards and principles. The subject financial documents allegedly include balance sheets, statements of income, statements of cash flows and reports on internal control. The subject documents are alleged to have been filed with the SEC and sent to clients of Bernard L. Madoff Securities Investment, LLC. Friehling is scheduled to be arraigned later today in Manhattan federal court. Friehling- who is age 49- faces up to 105 years in a federal prison if convicted. The charges are merely accusation and Friehling is presumed innocent unless and until proven guilty in a court of law.

Samuel Israel III Pleads Guilty to Failing to Surrender

2009-03-17T18:31:25Z

On September 29, 2005, Samuel Israel, III pleaded guilty to charges that he and Daniel E. Marino defrauded investors in the collapsed Bayou group hedge fund of more than $450 million. On April 14, 2008 Israel was sentenced to 20 years in federal prison. On June 9, 2008, Israel was scheduled to surrender himself to the Federal Medical Center in Devens, Massachusetts to start serving his 20 year sentence. However, Israel failed to show up at the Federal Medical Center and was a fugitive until surrendering himself to police in Massachusetts on July 2, 2008. On March 16, 2009, Israel pleaded guilty to a single count information charging him with failing to surrender in violation of 28 U.S.C. 3146. Israel is scheduled to be sentenced June 24, 2009 and could be sentenced up to an additional10 years in federal prison.

Bernard L. Madoff Pleads Guilty

2009-03-12T21:08:14Z

Bernard L. Madoff pled guilty to the entire eleven count information today in Manhattan federal court . Judge Chin-after advisng Madoff of his rights- advised him of the nature of each of the eleven counts contained in the information. The prosecutor then stated the elements of each count in the eleven count information. Judge Chin then advised Madoff of the maximum sentence for each count. Madoff then read a statement that basically outlined how he ran the Ponzi Scheme. The Goverment then summarized what they believed the proof would have shown at trial. Madoff pled guilty to each of the eleven counts of the information. Judge Chin then accepted Madoff’s plea of guilty to each count over the objections of several victims who were allowed to voice their opinions at the plea allocution. Judge Chin then announced that Madoff would be sentenced on June 16, 2009 at 1:30 PM to allow time for the completion of a pre-sentence investigation. The prosecutor requested Madoff be remanded pending sentencing. Judge Chin- over the argument of Madoff’s attorney - remanded Madoff pending sentencing. Madoff’s legal counsel will likely appeal Judge Chin’s decision to remand Madoff pending sentencing. Madoff -who is 70 years old- faces a prison sentence of up to 150 years.

Bernard L. Madoff Charged with Eleven Felonies In Connection with Alleged Ponzi Scheme

2009-03-11T00:28:05Z

Bernard L. Madoff appeared in Manhattan federal court today where he waived his attorney's conflict of interests and waived his right to have his case presented to a federal grand jury and consented to be charged in an eleven count felony information.

The first count of the information is securities fraud, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either five million dollars or twice the gross gain or loss from the crime and restitution.

The second count of the information is investment advisor fraud, which is punishable by up to 5 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The third count of the information is mail fraud, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The fourth count of the information is wire fraud, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The fifth count of the information is international money laundering to conceal and disguise proceeds of specified unlawful activity, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either five hundred thousand dollars or twice the gross gain or loss from the crime and restitution.

]]> The sixth count of the information is money laundering which is punishable by up to 5 years in prison, 3 years post release supervision; a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross value of monetary instruments or funds involved; and restitution.

The seventh count of the information is money laundering which is punishable by up to 10 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The eighth count of the information s false statements which is which is punishable by up to 5 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The ninth count of the information is perjury, which is punishable by up to 5 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

The tenth count of the information is making a false filing with the SEC, which is punishable by up to 20 years in prison, 3 years of post release supervision, a fine equal to the greater of either five million dollars or twice the gross gain or loss from the crime and restitution.

The eleventh count of the information is theft form an employee benefit plan, which is punishable by up to 5 years in prison, 3 years of post release supervision, a fine equal to the greater of either two hundred fifty thousand dollars or twice the gross gain or loss from the crime and restitution.

Madoff faces up to a total of one hundred fifty years in a federal prison. A press release by the United States Department of Justice today regarding the filing of the informtion states that the investigation is ongoing and that the Government has not entered into any agreement with Madoff about his plea or sentencing. However, a plea proceeding is scheduled for Thursday at 10:00 am. It is being reported that Madoff is expected to plead guilty to the entire eleven count indictment. Madoff is presumed innocent unless and until proven guilty in a court of law.

Four Men Face Possible Life Sentence in Federal Drug Trafficking Case

2009-03-05T04:28:21Z

The United States Department of Justice for the Southern District of New York announced today that Harrison Brown a/k/a “H”, Allahvell Cutts, a/k/a “Vell”, Malik Saunders, a/k/a “Man”, and Rasheem Lee, a/k/a “Godson”, were arrested on charges of distributing and selling cocaine and crack cocaine in the Bronx. All of the sales are alleged to have been to an uncover officer. Each of the four defendants in custody face a possible maximum sentence of life in prison if convicted of the top count. Henry Franklin a/k/a “BT,” John Sutton, a/k/a “J-Black,” Raheam Steed, a/k/a “Heeni”, Caleb Hooker, aka “Kahleaf,” and Wajeeh Baker were also charged in the same seventeen count sealed indictment but have not been arrested. Each of the five at large defendants also face a possible maximum sentence of life in prison if convicted of the top count except Hooker who faces a maximum sentence of 40 years in prison. The seventeen count indictment is alleged to have been the culmination of a two year investigation involving the NYPD, ATF , DEA, New State Division of Parole and United States Marshall Services. The four defendants in custody were expected to be arraigned today in Federal Court in Manhattan. The drug trafficking charges contained in the seventeen count indictment are merely accusations and all nine defendants are presumed innocent unless and until proven guilty.

Firearm Possession Ban Reinstated for Anyone Convicted of A Misdemeanor Crime Involving Domestic Violence

2009-02-25T03:18:33Z

The United States Supreme Court today in United States v. Hayes reinstated the prohibition on possession of a firearm by a person convicted of “a misdemeanor crime of domestic violence” found in U.S.C §922(g)(9). In doing so, the Court held that although a domestic relationship must be established beyond a reasonable doubt in a U.S.C. §922(g)(9) firearms prosecution, it does not need to be a element of the predicate offense. The predicate offense need only involve the use or attempted use of physical force or the threatened use of deadly weapon against a spouse or other domestic victim to qualify as a crime of domestic violence. For example, in New York a person convicted of assault in the third degree would be banned from possessing a firearm if the victim of the assault was their spouse or some other domestic victim.

Cornell University Law School LIIBulletin

Brief for the United States

Reply Brief For The United States

Sir Charles Barkley Gets Jail Time For Driving Under The Influence of Alcohol.

2009-02-25T02:21:56Z

Former NBA Basketball Star- Charles Barley- is reported to have entered a plea of guilty yesterday in a Scottsdale Arizona Court to driving under the influence of alcohol . The reports indicate that Barkley has been sentenced to ten days in jail but will only have to serve five days in jail if he successfully completes a court approved alcohol program. The reports also state that he has been ordered to attend a traffic school and pay $2,000.00 in fines. The reports further state that he is expected to start serving his jail sentence on March 21, 2009. If he were sentenced to jail for 5 days in New York, he would only end up serving a couple days unless he was sentenced on a Friday in which case he would be released that same day. I do not know if the same is true in Arizona.

LAPD Launches Internal Investigation into Photograph Leak

2009-02-21T01:19:15Z

The Los Angeles Police Department has announced that it has launched an internal investigation into the apparent unauthorized release of photographs depicting injuries sustained by Rihanna during an alleged domestic dispute with Chris Brown back on February 8, 2009. The photograph is believed to have been taken during the official domestic violence investigation. The internal investigation into the leaking of the photograph was launched in response to the department receiving multiple inquires about the release of the photograph. Anyone with information about the unauthorized release of the photograph is asked to contact the “LAPD”. The “LAPD” considers this type of conduct to be a serious act of misconduct subjecting anyone involved with possible termination. I think that a review of the photographic evidence or photographic evidence log should eliminate any doubt whether the photograph was taken during the official domestic violence investigation. If the photograph was taken during the official domestic violence investigation, I think that a review of the chain of custody log relating to this potential key piece of evidence should limit the suspects down to only a few members of the “LAPD” and the person or persons responsible for the leak would be easily identified. A copy of the photograph can be easily found on You Tube. I have choosen not to add a link to the photograph out respect for the alleged victim. Chris Brown is presumed innocent unless and until proven guilty in a court of law.

The Foreclosure Prevention Project

2009-02-17T17:20:00Z

Capital District low to moderate income homeowners who are facing foreclosure can contact the Foreclosure Prevention Project through the Legal Aide Society of Northeastern New York who has announced that they are ready to assist homeowners facing foreclosure including defending foreclosure litigation and representing clients at settlement conferences. In the Capital District, homeowners should contact the Foreclosure Prevention Project at the Legal Aide Society of Northeastern New York at 1-800-462-2922. Homeowners residing in Fulton, Montgomery and Schoharie Counties should call 1-800-821-8347.