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Working as a NY criminal defense attorney and as a prosecutor has allowed me to examine and analyze cases from all sides including drug crimes relating to drug sales and possession. As a prosecutor in the Manhattan District Attorney’s Office I was cross designated multiple times with the Office of the Special Narcotics Prosecutor to investigate drug organizations where cocaine, crack, and heroin were all sold by crews throughout New York City. As a NY criminal defense attorney, I have represented clients in narcotics and drug cases who are accused of being the target of an investigation where they allegedly sold drugs to an undercover police officer. Depending on the weight or the amount of the narcotic sold, these individuals faced charges related to either Criminal Sale of a Controlled Substance or Criminal Possession of a Controlled Substance.

The investigations I was involved in as an assistant district attorney are not going away anytime soon. In fact, Manhattan prosecutors announced a “take down” yesterday of the “Stack Money Family” that allegedly had a drug operation in the vicinity of 143rd Street. Fifteen alleged members and associates of this organization were arrested and charged with Criminal Possession of a Controlled Substance, Criminal Sale of a Controlled Substance and Conspiracy after the police executed nine search warrants Wednesday morning. According to the Manhattan District Attorney’s Office press release, the crew was run by a man who was incarcerated at Rikers Island.

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As NY criminal defense attorneys and former Manhattan prosecutors, the lawyers at Saland Law PC, have handled cases involving Money Laundering, Grand Larceny, Scheme to Defraud and Offering a False Instrument for Filing. However, there is always a little “twist” when the accused is a member of your own profession. Only a couple of weeks ago I mentioned how important it is to investigate and research your attorney before retaining him or her. Well, once again, some people made a big mistake in retaining the wrong attorney. According to the Manhattan District Attorney’s Office, an attorney and his firm have been indicted from the crimes of Money Laundering, Grand Larceny, Scheme to Defraud and Offering a False Instrument for Filing for defrauding clients.

According to the Manhattan District Attorney’s Office press release, it is alleged that over the course of approximately seven years, Steven Rondos and his law firm, Raia & Rondos, P.C, “engaged in a scheme to defraud 23 incapacitated victims, and the estate of one deceased individual.” It is further alleged that “Mr. Rondos was appointed by various Supreme Court Justices in the New York City metropolitan area and elsewhere as legal guardian of property of incapacitated individuals. In that capacity, Mr. Rondos was responsible for safeguarding and managing the assets of incapacitated people. Instead, Mr. Rondos took advantage of the trust placed in him by the courts and the wards’ families and stole their money. In some instances, Mr. Rondos continued to steal money even after the victims had died.” In total, Mr. Rondos is accused of pocketing millions of his clients’ money and law enforcement is seeking asset forfeiture from him in the neighborhood of $5,000,000.

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I have mentioned in previous entries how significant and serious a charge Endangering the Welfare of a Child is to any defendant and his or her criminal defense attorney. While “only” a misdemeanor, it is understandable that there is a zero tolerance policy when it comes to protecting children.

In People v. Maribel Perez, 2008NY046914, a decision published in the last few weeks, a NY County (Manhattan) Criminal Court Judge dismissed the charges of Endangering the Welfare of Child against a mother of young children. This dismissal, however, was not due to the factual allegations in the complaint, but due to a technical legal mistake.

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Arthur Moreira had better get a NY criminal defense attorney as soon as possible. If reports are correct, he is facing felony charges relating to Grand Larceny and Criminal Possession of Stolen Property. According to press reports, the stage manager for “Lipstick Jungle” had sticky fingers and made off with 16 bags and coats from designers such as Prada, Gucci, Fendi and Dolce & Gabban. The value of the property is in excess of $30,000.

Mr. Moreira was arrested yesterday and is being arraigned today in Kings county (Brooklyn) Criminal Court. According to the media, an individual noticed one of the bags used for a prop on “Lipstick Jungle” being sold online. It is alleged that this individual contacted law enforcement and undercover officers purchased a Toledano bag for $500. Shortly thereafter, the officers purchased a Burberry coat for $1,400. These items, allegedly being sold well below their retail value, had, according to Mr. Moreira, “fallen off the truck.”

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Through our years of as prosecutors and criminal defense attorneys, we at Saland Law PC have seen the charges before…Scheme to Defraud…Grand Larceny…but usually not in the context I am about to share with you. Unfortunately, I don’t think this will be a shock to anyone, but attorneys…that’s right, criminal defense attorneys, divorce attorneys and real estate attorneys, can be the biggest perpetrators of fraud. Because of this, it is imperative that you do your homework before handing someone not merely a retainer fee, but the reigns to your life. Don’t learn this lesson after it is too late.

The Manhattan District Attorney’s Office just announced an arrest and indictment today of a 59 year old man who had been pretending to be an immigration lawyer. The defendant, Victor Espinal, has been indicted on one count of Grand Larceny in the Third Degree, one count of Scheme to Defraud in the First Degree, one count of Grand Larceny in the Fourth Degree and two counts of Practicing or Appearing as an Attorney-at-Law Without Being Admitted and Registered. If convicted, Mr. Espinal faces up to seven years in state prison on the most serious offense of Grand Larceny in the Third Degree and one year in jail on the least serious offense of Appearing as an Attorney-at-Law Without Being Admitted and Registered.

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Charged with Bribe Receiving in the Second Degree and Third Degrees (class “C” and “D” felonies punishable by up to 15 and 7 years in state prison respectively), Carlos Perez, the ex-director at Bellevue, recently pleaded guilty to the lesser Bribe Receiving offense. Today, present with his criminal defense attorney in NY County (Manhattan) Supreme Court, Mr. Perez was sentenced to five years probation for the scheme that he perpetrated. In addition to probation, Mr. Perez will also forfeit $25,000.

According to the Manhattan District Attorney’s Office’s website, Mr. Perez’s guilty plea “stems from Mr. Perez’s efforts to assist a company obtain a contract with Bellevue Hospital for the transcription of medical records.”

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A Manhattan (NY County) Criminal Court Judge recently agreed with a NY criminal defense attorney and dismissed an entire criminal complaint against the defendant. The judge dismissed the charges of Reckless Endangerment, Attempted Tampering with Physical Evidence and Obstruction of Governmental Administration after the judge found the complaint facially insufficient.

In People v. Edward Beam, 2008NY046855, the information/complaint alleged that a police officer observed the defendant holding “what appeared to be a marijuana cigarette.” Shortly thereafter, the police officer approached the defendant and the defendant ran into traffic “where multiple vehicles were in motion.” Ultimately, the officer observed the defendant throw the item he held in his hand (the alleged marijuana) to the ground and the police officer was unable to recover it.

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As NY criminal defense attorneys and former Manhattan prosecutors, my partner and I at Saland Law PC have seen a whole lot of “interesting things.” Usually, with a little research and effort, we can find the answer to the vast majority of issues and questions we are confronted with. However, the analysis of Natalie Dylan’s auctioning of her virginity is definitely the first time (and I guess last and only for her) I have ever come across something like this. So, the question that stands out is whether this is Prostitution and Escorting in “sheep’s clothing” or a legal and fine “transaction?”

As I have explained before, Prostitution occurs if you engage or agree or offer to engage in sexual conduct with another person in return for a fee. What complicates this matter is that obviously Ms. Dylan is not in NY so the laws of her state are different. But, what about the person who makes an offer or has an acceptable bid (I’m guessing it will take at least $3.5 million dollars, a toyota prius, a bag of Snyder’s Pretzels and a romantic dinner date with Larry Flynt)? Is that person guilty of Patronizing a Prostitute? One is guilty in NY of Patronizing a Prostitute when, among other things, he solicits, offers, or agrees to have sexual conduct with another person in exchange for a fee.

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Despite a criminal defense attorney’s best efforts, a Brooklyn State Supreme Court Justice ruled in a decision published yesterday that the United States Supreme Court’s decision in the District of Columbia v. Heller does not prevent New York State from regulating guns, pistols and firearms within its boundaries.

Defendant, Albi Abdullah, was arrested and charged with Criminal Possession of a Weapon in the Fourth Degree pursuant to Penal Law 265.01(1). The defendant had been arrested after police found him violation of an order of protection. When asked whether he had any weapons, the defendant admitted that he had a gun in a kitchen cabinet. The police then located an unloaded .25 caliber handgun.

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Generally, one violates an order of protection and is guilty of Criminal Contempt if one fails to abide by the regulations set forth in the order of protection / restraining order. Unfortunately, as the NY criminal defense attorneys and former domestic violence prosecutors at Saland Law PC, can tell you, there are often countless issues that come to the forefront in these cases that require a skilled attorney to resolve. One interesting issue that arises is whether a prior finding of guilt in Family Court for violating an order protection precludes a criminal prosecution for Criminal Contempt on the same matter. In other words, does double jeopardy apply?

The general answer to this question was answered by the Court of Appeals in People v. Wood, 95 NY2d 509 (2000). In that matter, the defendant made phone calls and harassed the complainant in violation of both a Family Court and Criminal Court order of protection. The offense before both courts related to the same conduct. The Court of Appeals held that the finding of contempt in Family Court triggered double jeopardy protections because that finding of contempt, although not criminal, is punitive in nature. Therefore, the prosecution was prevented from commencing a criminal action for Criminal Contempt under the same set of facts for the same set of circumstances.

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