There are few things more frightening then when you are taken into custody by special agents of the United States government and charged with Federal crimes in a District Court. Whether it is the FBI, Secret Service, IRS or any other agency and whether it’s the Eastern District of New York or the Southern District of New York, the fear and anxiety is equal. Will there be bail? If so, how can you post it and who will sign for you? Will there be conditions of your release? What are the sentencing guidelines that you will face? Is there a mandatory minimum and what is the maximum term of imprisonment you can be held in a Federal prison? Will you seek to cooperate and secure a 5K1 letter from the United States Attorney’s Office? There are countless questions you will likely have that relate to many factors ranging from whether you were initial a subject or target, the length of the investigation and what, if any, steps you and your Federal criminal defense lawyers took to address these countless issues and concerns with the AUSA prior to your surrender.
The fears and concerns identified above were only a few of those faced by a Crotty Saland PC client who was accused of being a key player in scheme whereby stolen and fraudulent tax returns in excess of $2 million were deposited into various banks accounts unknown to any party and immediately withdrawn to the benefit of those engaged in the scam against the United States Treasury and IRS. Accused of, among other crimes, Conspiracy to Exchange and Convert United States Treasury Checks, 18 USC 371, our client faced up to five years incarceration and a $250,000 fine. Concerning to our client, the United States Probation Officer calculated and asserted that our client should receive 30 to 37 months imprisonment. Complicating our client’s predicament further, our client was not a United States citizen and only a few months earlier became a father.