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NY & NJ Criminal Defense Law Blog

Opioid Prosecutions of Doctors and Pharmacists

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Doctors, Criminal Investigation, Prescription Pills Abuse, Prescription Fraud, Healthcare Fraud, Pharmacists on Friday, January 25, 2019

The federal government has hired 300 additional prosecutors and created the Opioid Fraud and Abuse Detection Unit and the Joint Criminal Opioid Darknet Enforcement Team to investigate, uncover, and prosecute the prescribing and dispensing of opioids by healthcare professionals – doctors and pharmacists – as well as street-level sales of opioids and fentanyl. Since January 2018, over 200 doctors have been charged. 

Tags: Criminal Defense, Doctors, Criminal Investigation, Prescription Pills Abuse, Prescription Fraud, Healthcare Fraud, Pharmacists

Going Beyond the Typical Sentencing Submission Results in Client’s Freedom

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Sentencing, Probation on Wednesday, January 16, 2019

Stahl Criminal Defense prides itself on the detailed, exhaustively researched and nuanced sentencing presentations we make in federal and state court matters. Laura Gasiorowski, a member of the firm for 15 years, is especially gifted in working with clients and their families in crafting powerful presentations. With her background in death penalty mitigation, she is well equipped to investigate the client’s social, mental, and educational history and uncover the type of powerful mitigation evidence that often makes the difference. Knowing and understanding the Guidelines is crucial, but in addition to making the right legal arguments a sentencing memo has to individualize the client and present whatever personal characteristics, social history, or circumstances that mitigate culpability.

Tags: Sentencing, Probation

Everyday Technology That Spies on You – Available to Law Enforcement and Countless Unauthorized Users

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Privacy, Spying, Search and Seizure, Warrant, GPS on Thursday, January 10, 2019

Recent cases continue to reveal the advancements in technology and how they are used, both properly and improperly, to track our movements, actions and private lives.

First, new cars have increasingly sophisticated technology. Roadside assistance features and other devices track our vehicles’ locations, speed and other relevant activities. Most vehicles are now equipped with Event Data Recorders, also known as a vehicle black box. Local police departments are now equipped to retrieve and analyze the black box data and use it against you in court. As of May 2018, almost all U.S. vehicles come standard with a black box installed.

Tags: Privacy, Spying, Search and Seizure, Warrant, GPS

General Flynn: Accepting Responsibility Verbally, but Offering Excuses in Writing – What Not to Argue in a Sentencing Memo

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Sentencing, Sentence, Michael Flynn, Cooperating, Russia Investigation, Cooperating Plea Agreement on Tuesday, December 18, 2018

In the multiple investigations surrounding the Trump presidency and his administration, former National Security Advisor, General Michael Flynn, pled guilty to lying to the FBI and cooperated with the government. He cooperated ostensibly to earn a “substantial assistance letter” and downward departure motion, which is filed by the government on a defendant’s behalf to seek a sentence below the advisory U.S. Sentencing Guidelines’ range, in this case 0 – 6 months.

Tags: Sentencing, Sentence, Michael Flynn, Cooperating, Russia Investigation, Cooperating Plea Agreement

You're Charged with a Crime, and the Prosecutor Wants to Forfeit Your Car, Cash or Home

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Drug Crimes, Theft on Tuesday, December 11, 2018

Police and prosecutors around the country routinely seize and forfeit cars, boats, money, computers, guns and homes that were “used in, or facilitated, the criminal activity charged.” While many cases involve significant crimes and the forfeitures are justified, too often the person is charged with fairly low-level drug sales and their car is seized if it was used to transport the drugs during the sales. The federal and state governments argue that forfeitures are simply part of the cost of the criminal’s conduct and work as a separate fine on the illegal activity. These fines and forfeitures are often used to supplement local and state budgets, including those of the very agencies that seized and forfeited the property.

Tags: Drug Crimes, Theft

How the IRS Uses Artificial Intelligence to Detect Tax Evaders

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Tax Fraud, Money Laundering, Theft on Friday, December 7, 2018

Budget cuts and a significant drop in Special Agents that investigate criminal tax crimes has led the IRS to use Artificial Intelligence (AI) to uncover criminal tax activities. In a recent webcast hosted by the American Bar Association, the IRS revealed that research and investigative techniques that used to take weeks or months may now be accomplished in minutes with technology the IRS is rolling out to detect taxpayer noncompliance.

Tags: Tax Fraud, Money Laundering, Theft

Cooperation in the Federal System – Paul Manafort, a Study of What Not to Do

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Sentencing, Sentence, Federal Investigation, President Trump, Cooperating, Federal Criminal Trial, Prosecution, Paul Manafort on Wednesday, November 28, 2018

Much has been written about Paul Manafort’s conviction at his first trial, the potential decades long sentence, and his sudden plea and cooperation deal shortly before his second trial was scheduled to begin. This sequence of events alone is unusual as most defendants decide to cooperate in an effort to reduce their potential sentence well-prior to trial. Moreover, most federal prosecutors do not want to cooperate with a defendant who has contested charges, gone to trial and lost. Most unusual, and damaging to Manafort, is his apparent violation or beach of the cooperation agreement by his alleged lies to the government.

Tags: Sentencing, Sentence, Federal Investigation, President Trump, Cooperating, Federal Criminal Trial, Prosecution, Paul Manafort

What to Do When the SEC and the U.S. Attorney’s Office are Investigating You

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Federal Investigation, Prosecution, Subpoena, SEC, Securities Exchange Commission on Thursday, November 1, 2018

The U.S. Securities and Exchange Commission (SEC) operates from its headquarters in Washington, D.C. and has 11 regional offices. It’s Division of Enforcement investigates cases and recommends to the Commission cases to be brought against individuals and entities. Investigations can begin through whistleblowers, news articles, referrals from other agencies, complaints from the public or data derived from market surveillance.

Tags: Criminal Investigation, Federal Investigation, Prosecution, Subpoena, SEC, Securities Exchange Commission

What Do You Do After Being Served With a Grand Jury Subpoena

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Witness, Grand Jury, Federal Investigation, Prosecution, Subpoena on Wednesday, October 17, 2018

A federal or state agent or detective knocks on your door at 6 a.m. and serves you with a grand jury subpoena for documents and/or testimony. Do you simply gather the documents requested and send them to the U.S. Attorney’s Office or the County Prosecutor’s Office, or do you retain experienced criminal defense counsel? If the subpoena requires testimony, what rights do you have?

Tags: Criminal Investigation, Witness, Grand Jury, Federal Investigation, Prosecution, Subpoena

Rapidly Expanding Use of Smart Devices to Solve Crimes

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Investigation, Privacy, Spying, Search and Seizure, Fourth Amendment on Thursday, October 4, 2018

Over the past several months I have written about the increasing use of every day technology that automatically tracks our movements and records our conversations. Cellphones ping off cell towers that give the government access to our daily movements through information stored by carriers like Verizon, AT&T and Sprint. Alexa and other smart home devices can record our conversations and keep track of our search histories. Smart phone apps and Fitbits that track movement, heart rates and other physical activity can be used to track locations, times and other physical attributes that law enforcement can access to investigate a variety of crimes.

Tags: Criminal Defense, Criminal Investigation, Privacy, Spying, Search and Seizure, Fourth Amendment

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