United States v. Gotti, 04 CR 690 (S.D.N.Y. 2005) After a nearly two month trial, John Gotti, Jr.'s trial ended with the dismissal of three murder conspiracy charges, an acquittal on a $25 million securities fraud charge and a deadlocked jury on every remaining count. Just days after this stunning verdict, Mr. Lichtman secured Mr. Gotti's release on bail.
People v. DeMentri, Dkt. No. 2010 NY 44538 (New York County 2011) WPIX reporter Vince DeMentri quickly acquitted of all charges after trial.
State of New Jersey v. Iadipaoli, Ind. No. 05-02-0441 (New Jersey 2010) Client convicted of multiple counts of sexual assault had his 27 year sentence vacated – and left prison a free man – after Mr. Lichtman successfully argued that trial counsel was ineffective. The Court took the unusual step of indicating its decision to vacate the conviction in the midst of Mr. Lichtman's examination of trial counsel.
State of Alabama v. John Doe (Tuscaloosa County, AL 2015) University of Alabama student investigated on allegations of Rape in the First Degree, punishable by a sentence of 10 years to life; results of thorough investigation of victim supplied to the grand jury which then voted not to indict. A "no bill" result occurs in just 9% of all cases presented to the grand jury.
People v. Deverman, Ind. No. AG-3-7030 (Albany County 2015) Program director of adult day healthcare center in Brooklyn charged with Grand Larceny and facing 25 years in prison on allegations of stealing millions of Medicaid dollars due to fraudulent billings, has case dismissed entirely due to insufficient evidence.
State of New Jersey v. Noerdlinger, Ind. No. 16-04-00492-I (New Jersey 2018) Client charged in high profile case with manslaughter, weapons offense and obstruction of justice first has the top charge dismissed by Bergen County Prosecutor's Office after rampant perjury revealed in grand jury; later, remaining charges voluntarily dismissed, leaving defendant with no criminal record. At initial bail hearing, Mr. Lichtman stated to the press that the state "overcharged my client and they are going to pay."
People v. Rho, Ind. No. 2016 QN 2058 (Queens Co. 2018) Hugely publicized trial of abortion doctor charged with manslaughter and facing 15 years in prison, dramatically takes plea bargain offered by defense counsel after jury claims it is deadlocked in deliberations; seconds after plea deal is accepted by prosecutors jury comes back with verdict. Plea bargain is upheld after prosecutors attempt to renege; client spared years in prison, faces less than 12 months in prison.
United States v. Mangone, No 15-4057-cr (2d Cir. 2016) Appellant's sentence vacated by the United States Court of Appeals for the Second Circuit due to court's reliance on incorrect sentencing guidelines range. Court cautioned district court for its comments which "went beyond the entirely appropriate condemnation of a defendant's criminal conduct." At resentencing, Mr. Mangone's sentence was cut by a third, his fine eliminated and his supervised release cut from a period of three years to one year.
United States v. Demaria, 17 CR 569 (S.D.N.Y. 2019) Defendant initially charged with a $28 million credit card fraud centered around the mass marketing of dietary supplements received a 36 month sentence along with a recommendation of the Residential Drug Abuse Program, effectively reducing his time of incarceration to approximately 13 months. After the loss amount was negotiated from $28 million to $7.2 million, defendant still faced Sentencing Guidelines of 87-108 months with a statutory maximum sentence of 60 months. Court reduced the sentence in a downward variance due, in part, to the horrific childhood suffered by the defendant.
United States v. Yi, 15 CR 675 (S.D.N.Y. 2017) Non-citizen charged with serious federal narcotics charge (21 U.S.C. § 841(b)(1)(B)) which carried five year minimum sentence and automatic deportation, ultimately permitted to plead to a non-deportable Travel Act charge and received a 30 month sentence - without cooperating with the government. Prior counsel's unethical and possibly illegal simultaneous representation of cooperating witness against our client used to garner the lower deal and save our client from being sent to a country he had not traveled back to since age 2. Prior counsel had recommended that client cooperate with the government and, if deported, to sneak back into the United States.
United States v. Santellan Maigua, 15 CR 822 (S.D.N.Y. 2016) Defendant charged with Kidnapping with mandatory minimum sentence of 20 years due to underage victim, ultimately received a 36 month sentence. After extensive negotiations, defendant pleaded guilty to federal Stalking charge with advisory Sentencing Guidelines range of 87-108 months and five year statutory maximum sentence. Judge Denise Cote of the Southern District of New York downwardly varied to three year sentence in case with no cooperation with the government.
Division of Youth and Family Services v. S.M., FN 09-350-10, A-4698-12T2 (New Jersey 2014) Complaint alleging sexual abuse allegations against defendant dismissed following a trial at which state’s expert witness was thoroughly discredited and all scientific evidence concerning the defendant’s sexual interests successfully suppressed. Dismissal affirmed by the New Jersey Appellate Division upon a finding that state’s expert testimony was revealed during cross-examination to be based on factual inaccuracies. Defendant's young children were not removed and put into foster care.
United States v. Zhang, 12 CR 390 (S.D.N.Y. 2012) New York Federal Reserve Bank computer programmer and Chinese national convicted of stealing $9.5 million U.S. Treasury Department software as well as immigration fraud received a non-guidelines sentence of just six months home confinement despite lack of cooperation agreement with the government.
United States v. Gambardella, 10 CR 674 (S.D.N.Y 2012) Defendant charged with two counts of violent collections of extortionate extensions of credit with proof including dozens of consensual tapes of defendant and a co-conspirator as recorded by a victim and FBI. After an extensive investigation of this victim by Mr. Lichtman it was revealed that he had committed multiple bank frauds and perjury in another state – just days before the trial was scheduled to begin. Prosecutors dropped the charges and the defendant took a misprision of felony plea deal, resulting in a sentencing guidelines level of 9 and a sentence of probation.
People v. Kane, Ind. No. 2008 NY 31544 (New York County 2011) Defendant charged with attempted murder after allegedly shooting victim in the head at close range, inside a vehicle. Evidence included the gun which matched the bullet taken from the victim – who survived and was prepared to testify – along with witnesses as to motive. After an extensive investigation of the victim revealed him to be untrustworthy, the defendant was permitted to plead guilty to Attempted Criminal Possession of a Weapon – and received a promised sentence of probation.
People v. K.K., Ind. No. 2008 NY 06754 (New York County 2010) Investment banker charged with violent rape receives non-sex, non-violent misdemeanor plea deal after Mr. Lichtman's extensive investigation of the accuser revealed her to be untrustworthy.
People v. Klimas, Dkt. No. 2008 QN 39678 (Queens Co. 2009) NYPD Captain charged with repeated acts of public lewdness had criminal charges dropped and was permitted to retire with his full pension intact.
United States v. Patterson, 06 CR 80 (S.D.N.Y. 2008) In a multi-defendant, large-scale federal marijuana conspiracy case, motion to preclude introduction of six firearms, drug paraphernalia, 16,000 bullets and client's fingerprint found on box of ammunition – seized from home client was living in – was granted due to government's delay in providing discovery.
People v. Taylor ("The Game"), Dkt. No. 2007 NY 000317 (New York Co. 2007) After publicly guaranteeing the charge of impersonating a police officer against his rap star client would end in a dismissal or acquittal – and after turning down a plea offer calling for a misdemeanor conviction but no prison time – Mr. Lichtman secured the dismissal of all charges against The Game.
United States v. I.S., Cr. No. M-06-1173 (E.D.N.Y. 2007) Federal criminal complaint which charged CEO of publicly traded company with Commercial Bribery was dismissed after Mr. Lichtman convinced prosecutor that no crime had occurred.
United States v. Heath, 95 CR 6064 (W.D.N.Y. 2007) Defendant received a 48 month non-sentencing guidelines prison sentence following conviction for possession with intent to distribute cocaine. Mr. Heath was described by President Bush as an "international drug kingpin" and was once on the FBI's 10 Most Wanted list while fighting a ten year extradition battle from his native St. Kitts with the United States. Sentence was remarkable in that it was well below the range called for in his plea agreement and Mr. Heath's co-conspirator and purported underling received a 15 year sentence despite the government's application for leniency due to his cooperation. Mr. Heath's sentence was so low that various media reports in St. Kitts suggested that he must have cooperated with the government to get such a low sentence – which he did not.
United States v. Dono, 03 CR 970, (E.D.N.Y. 2005) Defendant charged with robbing and burglarizing multiple banks in New York received a downward departure from a sentencing range of 57-71 months in prison to 30 months due to previous federal sentence that was related to present charge.
United States v. Russo, 00 CR 1289 (E.D.N.Y. 2004) Defendant charged with possession with intent to distribute heroin received downward departure from 78-97 months to a non-custodial sentence of supervised release due to extraordinary family circumstances.
United States v. Fazio, 00 CR 1183 (S.D.N.Y. 2003) Defendant convicted of laundering $2.5 million of proceeds of illegal gambling operation received downward departure at sentencing to 5 years probation on grounds that he suffered significantly reduced mental capacity during the commission of the crime due to a pathological gambling disorder. Sentence was extraordinary in that amended sentencing guideline prohibiting such departure was due to go into effect the next day.
United States v. Fares, 01 CR 1175 (S.D.N.Y. 2002) Motion for severance of defendant and charges granted in federal money laundering and structuring case.
United States v. Khmelnitsky, 01 CR 890 (S.D.N.Y. 2002) Prior felon convicted of tax evasion received downward departure to three months imprisonment due to extraordinary family circumstances.
United States v. Lev, 00 CR 196 (E.D.N.Y. 2001) Federal RICO charges (along with securities fraud and money laundering charges) dismissed by government after Mr. Lichtman’s investigation of government’s linchpin witness revealed his repeated perjury and fraud while cooperating with the government.
United States v. Oliva, 00 CR 53 (E.D.N.Y. 2001) Defendant with extensive criminal history convicted of extortion with the use of a firearm, received downward departure to 20 months imprisonment on grounds of the deleterious effect his imprisonment would have on his three children.
United States v. K.T., No. 5:99-CR-72-1-F (E.D.N.C. 2000) Motion for preservation and discovery of prison telephone conversations of main government witness granted for defendant charged with attempted murder and assault of United States Postal employee and related firearm charges. After motion was granted, defendant received a plea offer of 27-33 months imprisonment. Court recommended six month "boot camp" at sentencing.
United States v. Campo, 140 F.3d 415 (2d Cir.1998) Defendant's sentence vacated – and sentencing judge removed – by the United States Court of Appeals for the Second Circuit due to court's refusal to properly consider downward departure motion. Defendant later had sentence cut in half.
United States v. Ruffo, No. 3:97 CR 84 (E.D. Va. 1998) John Ruffo, Mr. Lichtman's client, was the lead defendant in a $350 million bank fraud, mail fraud and money laundering case. He received virtually the same sentence as his codefendant who had cooperated against him – despite the fact that Ruffo had made an unsuccessful motion to withdraw his guilty plea prior to sentencing. Repeated subject of 60 Minutes story in 1999, 2000 and 2002.
People v. Dhinsa, Ind. No. 5497/97 (Kings Co. 1997) Defendant charged with various felony gun charges in New York state case. Motion to dismiss indictment granted pretrial on grounds that the facts could not legally support the charges that the defendant possessed – either actually or constructively – the firearms.
United States v. Abrams, 97 CR 998 (S.D.N.Y. 1997) Motion for downward departure granted, from 12-18 months to six months house arrest, due to extraordinary family circumstances. Defendant, convicted of tax evasion, had a young daughter with an organic brain dysfunction. Mr. Lichtman argued that a sentence of imprisonment and the resultant absence of her father would be devastating to the daughter and the progress she had achieved through psychotherapy and speech therapy. Court described Mr. Lichtman’s submission as “a model of an effective sentencing memorandum.”
United States v. Iodice, 95 CR 124 (S.D.N.Y. 1996) Federal RICO charges (along with securities fraud and mail fraud charges) dismissed by government two days prior to trial after Mr. Lichtman’s investigation revealed extensive, continuing fraud by government’s two main witnesses.
United States v. Gigante, 96 CR 466 (S.D.N.Y. 1996) Defendant corporation charged in federal RICO case. Motion to suppress search and seizure of 75-100 boxes of documents granted on grounds that search warrant was overbroad.