Federal Criminal Defense
Crimes falling within the jurisdiction of the federal government very often concern an alleged fraud which is facilitated by the use of the U.S. Mail or commercial mail carrier such as Fed Ex, or by phone or fax. Federal fraud charges may involve the misappropriation of federal funds by false billing of Medicare, false billing of a government agency such as the EPA. or loan fraud involving HUD loans. Federal fraud charges may involve alleged schemes to misappropriate private funds as well. The list of federal criminal and regulatory offenses grows with each Congressional session. If you are contacted by a federal law enforcement agent, such as an FBI agent, postal inspector, treasury agent, or Secret Service agent, you may be the target of an on-going federal criminal investigation.
A request to sit down and speak to law investigators is not an order compelling you to do so. If you are approached, it is best to request an opportunity to speak with your counsel first – which must be honored – before you decide what is in your best interests.
OUR EXPERIENCE IN FEDERAL CRIMINAL CASES
We have experience in handling federal criminal cases, including mail fraud, financial institution fraud, conspiracy, false statements, false claims, and bid rigging. In addition to representing targets of investigations, another important aspect of our white collar criminal defense experience is the representation of witnesses who are subpoenaed to produce documents and to testify before a federal grand jury. If improperly handled, the results of a grand jury investigation can be devastating.
In the 1990s our firm successfully represented the fourth largest environmental testing laboratory in the United States in a procurement fraud case involving the testing of soil and ground water at an Air Force base in California. The company was not prosecuted. We have continued to represent individuals and businesses in cases involving government program fraud and procurement fraud.
When you or your company are charged with a crime, the government may seek to take away your right to do business – whether by seeking to revoke your license to practice in your chosen field, or by seeking to bar your company from government contract work. We are experienced in the area of professional licensing proceedings and suspension and debarment, and can help you and your company stay in business.
WHEN YOU ARE UNDER INVESTIGATION
Very often, you will learn that you are the target of an on-going federal criminal investigation by direct contact from federal law enforcement agents, or from law enforcement contacts or your co-workers, or associates who have already been approached and possibly interviewed by investigators.
At this point, it is imperative to engage counsel to contact the investigating agents or the Assistant United States Attorney handling the case. The early stage of a defense attorney’s involvement in a case is primarily focused on gathering as much information about the investigation as possible. The early stages will involve an analysis of whether there is sufficient evidence to charge you with a crime. Your attorney should conduct a prompt investigation of the facts of the case and explore all avenues leading to defenses of the potential charges.
IF YOU ARE CHARGED
If you are charged with a federal criminal offense, we will pursue all avenues of defense, including motion practice, negotiations, and trial. We will be with you every step of the way, beginning with your bail interview with Pre-Trial Services, and your initial appearance before the Federal Magistrate, to secure your release. If we, as a team, agree that you should cooperate with the authorities for consideration of a better possible outcome, we will be with you at each proffer session, to assure that your cooperation is fully documented, and so that nothing you say in a proffer session will later be construed as untruthful.
FEDERAL CRIMINAL SENTENCING
The sentencing phase of a criminal proceeding is one of the most overlooked aspects of a client’s case. Justice Department statistics reveal that 88% of those charged in the Federal System enter into plea agreements. Failure to properly handle a client’s sentencing may have dire consequences. A lawyer’s diligence and creativity can often change the outcome of a sentence, making the difference between custodial and non-custodial sentences, or in the worst case scenario, the difference between long and short terms of incarceration.
Sentencing in Federal Court, and the Sentencing Guidelines that influence it, represent a significant challenge to a criminal defense attorney in obtaining a successful result for the client. Although, as a result of recent United States Supreme Court decisions, including United States v. Booker, Gall v. U.S., and Kimbrough v. U.S., the Federal Sentencing Guidelines are advisory and no longer mandatory, their importance, and influence on plea offers and sentences, cannot be underestimated. Mastering the intricacy of the Sentencing Guidelines, and the complicated formula by which the guidelines are applied, is essential to assure that a client obtains the best-possible result in the unfortunate event that sentencing is required.
We make a point of continual study of the Guidelines, and its amendments. We seek every possible downward adjustment and downward departure. “Relevant conduct” under the Guidelines can cause a base offense level to increase from a non-custodial sentence to one carrying an extensive term of incarceration. Accordingly, constant review of the relevant conduct provisions of the Guidelines is critical for proper client representation. We are committed to providing the most effective advice, counsel, and representation to each client subject to the Sentencing Guidelines. This includes effective plea negotiation with the United States Attorney’s Office, and skillful interaction with the probation department in the preparation of the Pre-sentence Investigation Report.
However, our work in sentencing does not end with Sentencing Guidelines advocacy. Now that the Guidelines are advisory, sentencing is now open to creative advocacy in the area of mitigating factors under Booker. We utilize the evaluations and reports of very experienced physicians, psychologists, and forensic accountants to demonstrate to the sentencing judge why certain mitigating factors should be given substantial weight and/or why the loss calculations offered by the Government are not valid for sentencing purposes.
Having an experienced, aggressive lawyer is particularly important in a federal criminal case, where your liberty is at stake. Each federal criminal case in New Jersey requires a unique approach that fits your particular needs. We methodically investigate, research, and prepare each case, then apply the instinct and sense of timing that comes only with nearly 30 years of experience.
View our article on Federal Sentencing Guidelines