No matter what side you find yourself in terms of whether Jordan Neely’s homicide at the hands of Daniel Penny on a Manhattan subway was the result of a lawful response to an imminent threat, a violent overreaction by a fellow straphanger, or something in between, there is one undeniable fact – Neely’s passing was as unnecessary as it was tragic. Period. There is no other reasonable interpretation nor view. Setting aside this truth, along with the raw emotions of the incident and questions about race which permeate it, however, leaves us with an important question that needs answering: what crime(s), if any, did Penny commit.
Articles Posted in In the News
The Potential Donald Trump Indictment: The New York Grand Jury, Defense Strategy to Date, Potential Charges, & Arrest Through Arraignment
The Basics: The New York County Grand Jury
The Manhattan Grand Jury investigating former President Donald Trump is comprised of 23 New York County residents. At any given time, 16 of those jurors must be present in order to have a quorum. While the People, aka, prosecutors, call witnesses, Grand Jurors can also ask the prosecution to secure the presence of witnesses as well. Similarly, Grand Jurors can either accept or deny a defendant’s request to hear from a witness. No matter what a Grand Jury decides, an accused has a right to testify in his or her own defense. Not a trial where there must be proof beyond a reasonable doubt, a Grand Jury must ultimately decide if there is reasonable cause to believe a felony has been committed. If they do, a Grand Jury will vote a “true bill”.
Former Prosecutor Recognized Once Again as Leader Protecting Blackmail, Sextortion, Extortion & Stalking Victims
Already recognized as part of the Extortion fixing “A-Team” by the NY Daily News, I was grateful Business Insider further highlighted my Blackmail protection work with Sage Intelligence Group’s Herman Weisberg. To that end, I appreciated their recognition that Saland Law, along with Sage Intelligence, is a leader and “gold standard” among a very small and finite number of attorneys and investigators in New York, and elsewhere, possessing both the legal foundation and hands-on experience to ethically extinguish these violative shakedowns. Safeguarding CEOs, hedge funders, private equity partners, Big Law attorneys, top physicians, celebrities, and media personalities from Extortion, Sextortion, Blackmail, Revenge Porn, and Stalking, and doing so within the four corners of the law, is not a job left to green attorneys or those with enough knowledge to endanger their clients. Unfortunately, as many an extortee learns far too late, once mistakes are made, whether by a blackmailee or their lawyer, those missteps are often as indelible as the regret that shadows them in perpetuity. That is why it is no surprise that many victims of these schemes retain Jeremy Saland and Saland Law to end the illegal money grab and relentless threats of personal, financial, familial, and career decimation that stalk them.
Saland Law PC’s Liz Crotty & Jeremy Saland Named NY Criminal Defense Super Lawyers
Saland Law PC is pleased to once again announce that Super Lawyers has recognized Elizabeth “Liz” Crotty and Jeremy Saland as leaders and top attorneys in the New York City region for criminal defense. Former Manhattan prosecutors who kicked off their career in 2000 as rookies in Robert Morgenthau’s Manhattan District Attorney’s Office, both Liz and Jeremy have a record of success on both sides of the criminal justice system, as Family Court attorneys, Title IX and Code of Conduct advisors, victim advocates in the area of Revenge Porn, Stalking, and Extortion, and other matters both in and outside the court system. Trial attorneys who earned their stripes in the trenches of NYC’s courts, Liz and Jeremy are proud that their record and colleagues’ support once again earned them this well-deserved recognition.
Did the NYC to West Palm JetBlue Coronavirus Passenger Commit a Crime by Boarding a Plane Pending a COVID-19 Diagnosis?
While being selfish is not criminal, is potentially exposing others to the coronavirus, knowing that you may be infected with COVID-19, a violation of the New York Penal Law? What if you were concerned enough to be tested for the coronavirus and were awaiting the results? What if before you confirmed one way or another whether you were sick and infected, you boarded a JetBlue flight from New York’s JFK Airport to West Palm Beach, Florida? What if that plane carried 114 passengers and crew? What if there were countless news reports about voluntary quarantines, the concerns over air travel, how the disease spreads, and, most importantly, the potential for illness or even death? Sadly, this is not a “what if” hypothetical. The real questions should be whether this passenger committed a crime, and more specifically, Reckless Endangerment in the Second Degree pursuant to New York Penal Law 120.20.
Making Sense of Harvey Weinstein’s Conviction: From Up to 25 Years Prison and SORA Registration to Remand Status and Prosecution in LA
What’s next for disgraced movie mogul Harvey Weinstein after a Manhattan jury convicted him of First Degree Sexual Act, Penal Law 130.50? Is jail mandatory and, if so, how much prison time is Weinstein facing at his sentencing? Additionally, will the former producer have to register as a sex offender pursuant to New York’s Sex Offender Registration Act (SORA)? What happens now with Weinstein’s potential prosecution in Los Angeles? Setting these issues and questions aside, what is in store for the former silver screen tycoon as he awaits Judge James “Jim” Burke’s last gavel strike on March 11th and beyond?
Robert Morgenthau, Iconic Manhattan District Attorney, Passes Away at 99 Years Old
If you shook Robert Morgenthau’s hand, you were one clasp away from the men and women whose names you read about in history books, faces you saw in black and white photographs and movies, and voices you heard in scratchy inaudible recordings. From Presidents Franklin Delano Roosevelt and John F. Kennedy to Prime Minister Winston Churchill and Dr. Martin Luther King, Morgenthau was not merely a secondary figure, but a core piece of the fabric and events that shaped New York, the United States and the world. With these men’s blood, sweat and tears, and that of countless other men and women whose names we will never know, the nation leapt forward with a purposeful objective even if only at times incrementally. Sadly, with Morgenthau’s passing, night descends upon an era that we, as a nation, have already strayed for far too long. Gone are the days of FDR, JFK, and King when leaders unhesitatingly rose to preserve and protect the greater public good. Few are our leaders today who embrace their duty to selflessly safeguard the public irrespective of their personal agendas or beliefs.
Examining and Explaining the NYPD’s Kristaps Porzingis Investigation: Blackmail, Extortion or Rape
As miserable as it likely was for Kristaps Porzingis to play for the perennially cellar-dwelling New York Knicks, the current Dallas Maverick’s All-Star forward is in the type of foul trouble that outweighs any he experienced at Madison Square Garden. Either a victim of Extortion and Blackmail or a man on the precipice of an arrest for a heinous Rape crime, the “Unicorn” finds himself playing both offense and defense as the game clock is expiring.
If what alleged is true, forcing another person to engage in sexual intercourse by a threat or use of physical force – defined as “forcible compulsion” in the New York Penal Law – is not only a statutorily identified “violent crime” of First Degree Rape, but exposes a person to registration as a sex offender upon conviction. Alternatively, if the complainant’s allegation was nothing but a money grab to unjustly enrich herself, then in lieu of find himself with handcuffs slapped on his wrists, 7’3” Latvian can steal the ball of public opinion and the criminal justice system and demand that the Manhattan District Attorney’s office prosecute his accuser for Second Degree Attempted Grand Larceny by Extortion in violation of New York Penal Law 110/155.40.
Paul Manafort Goes from Frying Pan to Fryer: Understanding Manafort’s Manhattan Arrest and Indictment Alleging Residential Mortgage Fraud and Other Crimes
Some may deem Paul Manafort’s roughly seven and a half year sentence in Federal Court as light, but should the Manhattan District Attorney’s Office prevail in its prosecution of Manafort, the former Trump campaign chairman, lobbyist and jet-setter will likely not be so fortunate the second time around. While there may be Double Jeopardy grounds that the criminal defense team can explore to dismiss the indictment if close enough to the Federal case, if convicted of First Degree Residential Mortgage Fraud or the lesser offense of Attempted First Degree Residential Mortgage Fraud as reflected in New York Penal Law sections 187.25 and 110/187.25 respectively, Manafort’s days (years?) of yearning for the penthouse will be that much longer as he cools his heels in the Big House. Whether or not he is deemed a “predicate felon” for his Federal conviction, meaning New York views his plea and sentence as a prior felony in this state, Manafort would face up to 25 years in prison and no less than 1 to 3 years for the class B felony of Residential Mortgage Fraud in the First Degree. In the event he is deemed a “predicate felon,” his minimum sentence would be 4.5 to 9 years “upstate.” All of this ignores the lesser, but nonetheless serious crimes of Attempted First Degree Mortgage Fraud, a class C felony, and the class E felonies of First Degree Falsifying Business Records, Fourth Degree Conspiracy and First Degree Scheme to Defraud. If convicted, as a predicate, Manafort’s sentencing judge would be mandated to incarcerate him to no less than 3 to 6 years and 1.5 to 3 years on these two respective felony classes and a corresponding maximum of 15 and 4 years as a temporary leasee of an 8 by 8 SRO with unobstructed views of New York’s finest concrete and iron construction.
Understanding Residential Mortgage Fraud
Before William Rick Singer’s College Admission Scam there was the “GMAT Hero”: Prosecuting a College & Graduate School Test-Taking Admission Ring
If what prosecutors claim is true, Actresses Felicity Huffman and Lori Loughlin could have Razzy worthy roles starring next to Marlon Brown in a remake of 1989’s “How I Got into College.” The alleged easy way out amateurs who, with others, collectively paid millions of dollars to “assist” their genetic lottery winners’ successful college admission into such universities as USC, Yale, Stanford, Georgetown, Wake Forrest, Ramsey (well, not really), and others, relied on the good old power of the almighty dollar to perpetrate the nationwide college entrance scheme. In lieu of cheating the old-fashioned way, “Operation Varsity Blues,” the relatively unoriginal but cutely named federal bribery and cheating investigation, resulted in dozens of arrests involving paid off Division 1 coaches, photoshopped pictures of high schoolers playing sports when they were likely absorbed in selfie inspired “insta” posts, and some old school cheating on SATs and ACTs. A heck of a scheme if you don’t get caught, this entire criminal enterprise had nothing on the one-man professional test-taking operation and self-proclaimed “GMAT Hero” along with his larger band of [admission slot] thieves. Responsible for taking in excess of 500 GMAT, GRE and TOEFL exams (go ahead, Google “Lu Xu” and “GMAT”), his proficiency and skill was unparalleled even among his test-taking cohorts. Sorta’ a lesser known of the Uncanny Xmen of the college admissions underground.