When facing the formidable gears of the federal justice system, individuals accused of bribery and extortion are immediately thrust into a complex legal arena where the stakes couldn’t be higher. These white-collar crimes carry severe penalties, including hefty fines and significant prison time. In such high-stress, high-stakes situations, securing an experienced criminal defense attorney is not just a strategic move—it’s an absolute necessity.

Understanding the Grave Nature of Federal Charges

Bribery and extortion are federal offenses characterized by an abuse of power or position. Bribery involves offering, giving, receiving, or soliciting something of value for the purpose of influencing the action of an official in the discharge of their legal duties. Extortion, on the other hand, refers to obtaining something of value through coercion. It is critical for defendants to understand that the mere accusation carries with it a social stigma that can tarnish reputations and careers irreparably.

The Defense You Deserve: The Role of Your Attorney

The law surrounding federal bribery and extortion is complex, with numerous statutes and regulations in play. It is extremely important to hire a criminal defense attorney with experience in federal criminal defense to navigate this labyrinthine legal landscape effectively. Federal court procedures, plea negotiations and trials can vary significantly from those of state courts, with their own discovery rules, rules of evidence, pleading standards, and judicial practices. Federal prosecutions are often much more complex than state proceedings, and also involve equally complicated forfeiture and restitution issues that require the assistance of an experienced federal practitioner. At Stahl Gasiorowski, our practice is solely devoted to criminal defense, and partners Robert G. Stahl, a former Assistant United States Attorney, and Laura K. Gasiorowski have more than sixty years’ experience in federal criminal defense between them.

Strategic Defense Planning

Every piece of evidence and every statement made in the context of these charges can profoundly impact the outcome of a case. Partners Robert Stahl and Laura Gasiorowski work diligently to evaluate the prosecution’s evidence and to develop strategies that can counteract the government’s case, utilizing skilled investigators and top notch expert witnesses where necessary.

In cases where evidence is substantial and our client wants to plead, Stahl Gasiorowski will work to secure a plea deal that limits the client’s sentencing exposure and the fines and restitution payments. Where the client may have a factual or legal defense, or insists on exercising her constitutional right to a trial, we use an aggressive pretrial motion practice, investigation and meticulous preparation to mount a defense for trial. Our years of experience mean that we can advise you on the risks and benefits of a plea or trial, and assist you in making the best decision for yourself and your family.

Perhaps most importantly, we ensure that all of your constitutional rights are protected throughout the legal process. Our skilled attorneys are a buffer against potential overreach by prosecutors and work to ensure that you receive a fair trial and the most zealous and aggressive defense possible.

If you or someone you know has been charged with federal bribery or extortion, the time to secure a defense attorney is immediately upon suspicion or accusation. Early legal intervention can be pivotal as it allows for preparation time and the possibility of engaging with federal investigators on your behalf before charges are formally filed.

The complexities of federal bribery and extortion charges demand a defense that is sophisticated, tactical, and rooted in comprehensive legal knowledge. The intervention of a criminal defense attorney is integral in safeguarding rights, securing fair treatment under the law, and ensuring that the defendant’s side of the story is heard. Do not underestimate the gravity of federal criminal charges—invest in the defense you unquestionably need.

For expert legal assistance and a defense that leaves no stone unturned, reach out to Stahl Gasiorowski Criminal Defense where our unwavering commitment to our clients is matched only by our deep understanding of federal criminal law.

Stahl Gasiorowski Criminal Defense Attorneys actively and aggressively protect clients’ rights and offer big law skills at boutique firm prices. To contact us call 908.301.9001 for the NJ office and 212.755.3300 for the NYC office, or email Mr. Stahl at rgs@sgdefenselaw.com or Laura K. Gasiorowski at lkg@sgdefenselaw.com.

We frequently receive calls from employees or recently terminated employees that have been confronted with embezzlement or some type of theft or fraud from their employer, have already admitted to their misdeed, have wired a payment to the employer and are scheduled to send another payment on the day they contact defense counsel. The employee, of course, is hoping that the employer will simply allow repayment of the funds and forgo referring them to law enforcement for criminal charges.

Chief Financial Officers, Account Managers and bookkeepers, to vary degrees, are trusted employees who have access to corporate funds. Access, with minimal or sporadic oversight, can leave a company vulnerable to a variety of fraudulent schemes. Common schemes include the trusted employee setting up fictitious companies as suppliers of goods and materials and creating false invoices for payment. Another scenario involves the trusted employee engaging in a kickback scheme with an actual outside vendor/supplier to inflate invoices and “kick back” a percentage of the funds received from the company. Other schemes simply involve a trusted employee giving themselves bonuses and other unauthorized forms of compensation, or setting up a company that adds a mark-up to goods purchased by their employer without disclosing their interest in that company (self-dealing).

These schemes can go undetected for years and often result in the loss of hundreds of thousands to millions of dollars. They are usually detected when the company experiences a significant downturn in revenue, a verified audit, or the potential sale of the company requiring a close examination of the books and records.

When such schemes are discovered, the employer or its outside counsel will routinely retain a forensic accountant to uncover the extent of the fraud. Counsel will often advise the employer to confront the employee and convince them to pay back as much of the stolen funds as possible before notifying law enforcement. The employer may lead the employee to believe that they want to work with them to recover the funds and to make the company as whole as possible without the need for attorneys, litigation or law enforcement. Many employers will suggest that the employee “cooperate” and voluntarily turn over their retirement funds, monies in their family checking and savings accounts, and sell their home and other valuables in order to pay back the funds that were improperly taken.

What an employee needs to know is that they should first retain experienced criminal defense counsel to assist them through this complicated process. This is important for a number of reasons.

• First, anything the employee says to the employer or their counsel is likely an admission against interest and can be used in a future criminal prosecution.
• Second, the employee needs the advice of counsel about the potential benefits versus risks of acknowledging the theft and the repayment of all or part of the monies taken prior to any potential criminal case.
• Third, the employee needs their own attorney to deal with the employer to make sure that any monies repaid are handled correctly and that retirement funds are not simply liquidated without sufficient funds remaining to pay the interest and penalties usually due for early withdrawal.
• Fourth, despite any conversations or assurances that law enforcement will not be contacted if the employee returns the funds, there is nothing that can bind an employer to such a promise. Any assurances not to report is against public policy and unenforceable as a matter of law.

Seizure of bank accounts, assets and real property through civil litigation is time consuming and expensive. Once law enforcement is involved, prosecutors are more focused on the criminal charges, while restitution and forfeiture are a secondary concern. Thus, most employers try to recover as much money as they can before notifying law enforcement. It is much easier for the company to recover funds with the cooperation of the former employee. While restitution, full or partial, may ultimately position the former employee in a better position should she be charged, there are a number of factors to be considered before engaging directly with the employer. It is critical for the employee to retain experienced criminal defense counsel at the outset.

Stahl Gasiorowski Criminal Defense Attorneys actively and aggressively protect clients’ rights and have represented numerous clients faced with fraud or embezzlement in federal and state courts. To contact Mr. Stahl, call 908.301.9001 for the NJ office and 212.755.3300 for the NYC office, or email Mr. Stahl at rgs@sgdefenselaw.com.

Federal regulatory and law enforcement agencies have been redirecting and expanding their resources to investigate and combat frauds involving crypto and other digital platforms. The SEC recently requested $200M from Congress to hire additional 170 new employees, many to focus on crypto-related cases. These new hires will include lawyers in the Division of Enforcement’s Crypto and Cyber Unit (CACU) that focuses on violations of federal securities laws. This request is in addition to the 20 positions added in 2022.

With the recent collapse of FTX, and fraudulent conduct or hacked accounts involving Ethereum, Celsius, Nomad, Wormhole and BlockFi, to name a few, there is good reason for increased budgets, new hires and advanced technology to investigate, uncover and prosecute crypto-related frauds.

Until recently, crypto platforms, initial offerings and digital start-ups were less regulated than traditional financial offerings and investments. With the advent of so many major collapses and frauds, however, law enforcement and Congress have focused their attentions on regulating these platforms to help prevent pump and dump schemes, unregistered money transfers, know your customer requirements, and money laundering.

A major example of this increased scrutiny is the SEC’s recent Wells Notice to Coinbase, a well-established company that was publicly listed in 2021 and has repeatedly attempted to register its spot platform. The Notice listed potential claims Coinbase could face including operating as an unregistered exchange, listing unregistered securities in the form of digital assets, and offering services such as staking and wallet activity that could violate securities law. Coinbase is pushing back hard on these potential claims arguing that the SEC has not specified which digital assets potentially qualify as securities, which aspects of its stalking service are of concern and whether Coinbase’s recent updates corrected any of these potential issues. Moreover, Coinbase has argued that the SEC has dramatically changed its position from May 2021, when SEC Chair Gary Gensler told Congress that there was no framework for crypto at the SEC or at the U.S. Commodity Futures Trading Commission, and that he looked forward to working with Congress to develop one. By the end of 2022, however, Gensler said that he believed the SEC had enough authority to regulate the space. It is Coinbase’s position that these two statements are “diametrically opposed.”

The increase in regulatory and enforcement actions here in the United States, and more recently in countries traditionally sought for their lax monetary regulations, has caught many “crypto entrepreneurs” unaware. Many in this burgeoning field are young who get their “advice” from chat groups, Instagram and other platforms where influencers flaunt their apparent wealth and possessions all allegedly obtained through their skills at buying, trading and investing in crypto and NFTs. Many are completely unaware, while other intentionally ignore, the many statutes, regulations and rules that regulate digital assets and platforms.

Stahl Gasiorowski Criminal Defense Attorneys has represented a number of individuals investigated and charged with crypto-related frauds and failures to register. To contact Mr. Stahl, call 908.301.9001 for the NJ office and 212.755.3300 for the NYC office, or email Mr. Stahl at rgs@sgdefenselaw.com.

News reports today indicate that Bravo celebrity Jen Shah was sentenced to 78 months for her role in a wire fraud that resulted in $5 million in losses.

For people unfamiliar with the federal sentencing guidelines, the base offense level for a wire fraud is enhanced by a number of levels that corresponds to the loss amount. For a loss of more than $3.5 million but less than $9.5 million, USSG 2B1.1 instructs that 18 additional levels should be added to the base offense level. The resulting offense level may then be further enhanced by additional characteristics of the crime including the number of victims and the the special vulnerability of victims, or additional characteristics of the offender, such as whether he or she used a special skill or abused a position of trust. The total offense level then corresponds to a range of months which increases vertically by the prior criminal history of a defendant.

In this case, Jen Shah’s attorneys requested a significant variance down from the applicable 130 month guideline range, insisting that Ms. Shah should serve no more than 36 months, or 3 years. To challenge Jen Shah’s recommended sentencing range, and justify such a significant variance, her lawyers presented mitigating factors pursuant to 18 U.S.C. 3553, which requires a sentencing court to consider the personal history and characteristics of the defendant, the nature and circumstances of the offense, and any other relevant factor that mitigate or reduce the defendant’s culpability.

Even though there are guidelines instructing recommended sentencing ranges for specific offenses, defendants are entitled to individualized sentencing that takes into account their personal history and circumstances, and the specific circumstances of the crime that may distinguish it from the “heartland” case. For defendants facing federal charges, it is crucial to hire a criminal defense attorney with experience in federal criminal matters, and the special skill required to assemble and present a compelling sentencing mitigation argument.

The lawyers at Stahl Gasiorowski. PC have represented hundreds of federal defendants before sentencing courts in New York, New Jersey and elsewhere. For each and every case, we delve into a client’s personal history, and the facts of the case, to present an exquisitely crafted sentencing memo that puts the client’s criminal conduct into context and establishes a reasoned and emotional basis for leniency. To contact the firm’s NJ office, call 908.301.9001 and to contact the firm’s NYC office, call 212.755.3300.

Embezzlement is one of those terms that many people have heard in different contexts but are still possibly a little unsure about exactly it means or what the illegal act it refers to is. Basically, embezzlement is the theft of money or property by a person who has been placed in a position of trust to hold the money or property for safekeeping.

Embezzlement is more a form of mismanagement or violation of trust than the traditional theft. In the common understanding of theft, an unknown stranger procures another’s money or property, but with embezzlement the money or property is freely placed in the charge of another person. The crime occurs when the trusted individual uses the money or property they were entrusted to safeguard for his or her own personal gain.

The issue with embezzlement can concern the amount of value that is involved as well as the nature of the relationship between the two parties. People that are often accused of embezzlement hold positions like accountant, bank manager or trustee. The issue becomes even more complicated when an entire business or partnership is accused of embezzlement because of the actions of multiple people.

Embezzlement is a complex area of criminal law, so if you are accused of embezzlement it would be advisable to contact an experienced criminal defense attorney. Our law firm has years of experience in defending clients who have been charged with theft crimes, and we advocate strongly on their behalf throughout the pretrial and trial process to defend their rights and to secure the best outcome possible.

If you have been accused of embezzlement, you should contact an experienced criminal defense attorney as soon as possible. Embezzlement is a very serious crime, and an attorney can help you understand your rights and options.

In general, embezzlement is punishable by a fine and/or a prison sentence. Under New Jersey law, the severity of the punishment depends on the value or the type of property that is stolen. There are four categories of penalties, ranging from least to most serious:

• Less than $200: A theft that falls under this category is considered to be a disorderly persons offense. The main penalty for this category is a fine of up to $1,000.
• At least $200 but not more than $500: Penalties include a fine of up to $10,000 and a prison sentence of up to 18 months.
• More than $500 but less than $75,000: This category also includes specific types of property, including firearms, motor vehicles, vessels, boats, horses, domestic animals, and airplanes. Penalties include a fine of up to $15,000 and a prison sentence of between three and five years.
• $75,000 or more: Penalties include a fine of up to $150,000 and a prison sentence of between five and ten years.

A person convicted of a theft crime may also be ordered to pay the victim restitution. In the case of embezzlement, restitution usually involves compensating the victim for the value of the money or property that was stolen. Usually, restitution is in addition to the fines and imprisonment.

The investigations in these cases are often handled on a state or federal level, where authorities are particularly hard on the accused. In fact, the government often assigns organizations like the FBI, IRS and Secret Service to handle these matters, and puts white collar crimes in a similar category to drug and violent offenders. Charges may range from business, health care and tax fraud, to money laundering, embezzlement, theft and falsifying documents.

If you have been accused of embezzlement or fraud, it is important to consult a skilled lawyer. Experienced legal professionals who deal in criminal defense can help you avoid incriminating yourself when accusations are made by your employer or, worse, from the authorities. You may be subpoenaed for business records, visited by an agent or receive an administrative summons.

The attorneys at our firm strive to ensure that individuals accused of white collar crimes – whether they are employees or executives – are not subjected to rights violations and avoid inappropriate charges or overly harsh penalties. We represent clients facing criminal charges or felony charges, such as being accused of embezzling employer funds and understand how serious these allegations – and the sentences that can be handed down – are for the people who are in this frightening situation.