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Represented a client indicted with conspiracy to bribe public officials to avoid inspection of prohibited products

Case resulted in non-prosecution agreement with client agreeing to pay all disgorgements (bribes payments and gifts to officials).

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Represented a client who was involved with felony murder and weapons charges

Trial before jury lasted approximately 5 days. The matter went to verdict and our client was acquitted on all counts. ...

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Represented a client accused of Mortgage Fraud by participating in a massive straw buyer and flipping real estate scheme

We secured a deal with the government for our client to repay full restitution and sentenced on probation.

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Represented our client in a multi-million dollar fraud investigation by the U.S. District Court, Southern District of New York

Client was involved in a massive Holocaust reparations fraud scheme. We persuaded the U.S. Attorney’s Office to defer prosecution, ...

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Represented an owner of a real estate agency who was investigated by the FBI for conspiracy to commit Bank Fraud in a Mortgage Fraud scheme

Our attorneys convinced the prosecutors not to bring criminal charges against our client under the term of full restitution.

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Represented a nursing home investigated for Medicare Fraud by the New York Office of Inspector General

We negotiated a plea deal that guaranteed our client a sentence of probation with structured re-payment plan.

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Can Prosecutors Imply At Trial That I Committed Previous Bad Acts?

by Joseph Potashnik on October 19, 2012

Many people  know that, in a federal criminal  case in New York, the general rule is that the prosecution may not introduce  evidence  of previous bad acts  by the defendant in order  to  prove  that the defendant committed  the bad acts alleged against him in the current case.  (As with many other rules  of evidence, there are exceptions and qualifications to this rule.)

In a recent ruling  by the United States Court of Appeals for the Second Circuit, the Court clarifies some points  about this rule. During trial, the prosecution had introduced and emphasized  testimony  that the defendant  was previously  known to police  officers, who were able to recognize the defendant by sight.  The prosecution  argued on appeal  that it had only introduced evidence that  police officers recognized the defendant, not that defendant  was known  to police because of  anything bad he had previously done. The Court stated that the  rule prohibits the introduction of evidence of extrinsic acts that can reflect badly on the defendant’s character. So, even though the government  did not come out and directly say that the defendant  is known to police officers because he is a shady character, this is the impression that the jury would have gotten. Because the testimony had no other  value in proving any facts relevant to the case,  it should not have  been admitted.

It is important to note that a successful appeal, such as in the above case, almost always depends on the issues being “preserved”  for appeal. This means that the trial attorney must, at the very least, state any objections on the record, at the proper times during the trial. Appeals  courts will not review issues which are raised for the first  time on appeal.

Thus, it  is important for anyone fighting a New York federal criminal  case to have an attorney who is knowledgeable about both the substantial and the technical issues of your case, and who will be able to properly protect your rights. This way, even if you lose your case  due to a mistaken ruling, your attorney will ensure that all objections are promptly and properly raised, ensuring that all necessary issues can be raised during the appeal.

If you are  charged with a federal crime in New York, you should retain an experienced federal criminal defense attorney with expertise in  both the substantive and the procedural issues of  a  New  York federal criminal case. Call our experienced New York criminal defense attorneys at (212) 577-6677 to schedule an immediate consultation.

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