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tax returns in excess of $2 million were deposited into various banks accounts unknown to any party and immediately withdrawn to the benefit of those engaged in the scam against the United States Treasury and IRS.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.
At the time of sentencing, our client feared the worst. Fortunately, during the pendency of the investigation and case, our client made an effort to provide our attorneys with monies for restitution. Moreover, our client pleaded early as to ensure credit for acceptance and ultimately a downward departure from the statutory guideline.
Prepared for some form of imprisonment on a plea to 18 USC 371, our client and our client’s family appeared in court with their respective best feet forward. Armed with intimate knowledge of the criminal case and the 3553 factors relevant to sentencing, Crotty Saland PC’s Federal criminal defense attorneys, along with the client who made an eloquent and honest apology while explaining the impact of the case on our client and our client’s family, convinced the judge to depart from the Federal Sentencing Guidelines and sentence our client to time served (our client had been out) and three years supervised release.
At bottom, the result of this traumatic experience was severe in that our client accepted responsibility and pleaded to an Aggravated Felony and Crime Involving Moral Turpitude. Although neither ICE nor any other agency placed any detainer and our client is a legal resident, there is a concern that our client’s status can change. Well aware of this, our client could not be more pleased that one can accept responsibility for mistakes of the past, prove to the court he or she is worthy of a departure, make amends and land back one’s feet to have a law-abiding life and productive future.
To educate yourself about Federal crimes and Federal criminal defense as well as New York State crimes and New York criminal defense as it relates to theft and fraud, a review of CrottySaland.Com, NewYorkTheftAndLarcenyLawyers.Com and both this blog and the NewYorkCriminalLawyerBlog.Com will provide the foundation you need to begin your defense.
Crotty Saland PC is a New York criminal defense firm representing clients in both New York State and Federal Court throughout the New York City region. Crotty Saland PC was founded by two former Manhattan prosecutors.