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federal-investigation Archives

Target Letters and Proffer Agreements

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Federal Crimes, Criminal Investigation, Criminal Defense Process, Criminal Law, Federal Investigation on Tuesday, May 7, 2019

We receive many calls over the course of the year from potential clients, telling us they received a “target letter” from the U.S. Attorney’s Office or State Attorney General’s Office and that they are considering whether to go to an interview with law enforcement under a “proffer agreement.”  

Tags: Criminal Defense, Federal Crimes, Criminal Investigation, Criminal Defense Process, Criminal Law, Federal Investigation

Plea Bargaining in the Federal System

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Federal Crimes, Criminal Law, Sentencing, Federal Investigation on Thursday, May 2, 2019

Recent statistics show that about 96% of the criminal cases in federal court are resolved through guilty pleas. The number of cases going to trial has dramatically decreased in the past ten years. Thus, today’s criminal defense attorneys must be adept at negotiating the best possible resolution for their clients that choose to plead guilty.

Tags: Criminal Defense, Federal Crimes, Criminal Law, Sentencing, Federal Investigation

Federal Sentencing - How to Get the Best Outcome

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Federal Crimes, Sentencing, Federal Investigation, Federal Criminal Trial on Monday, March 11, 2019

Anyone facing a federal sentencing knows how difficult and daunting the U.S. Sentencing Guidelines can be for many types of crimes. For financial crimes, the amount of loss, number of victims, complexity of the scheme and the like can quickly ratchet someone with no prior offenses into the 10+ year range. With a system that does not allow for early release on parole, like most states, and that credits a defendant with only 54 days a year good time credit, sentencing in the federal system can be particularly harsh.

Tags: Federal Crimes, Sentencing, Federal Investigation, Federal Criminal Trial

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

Why Defendants Cooperate or “Flip”

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Plea Agreement, Federal Investigation on Tuesday, April 24, 2018

President Trump tweeted that Michael Cohen, his former lawyer and “fixer”, won’t flip on him. Putting aside for the moment why the President would say this if Cohen didn’t have incriminating evidence against him - because one could only “flip” on someone if they did - let’s examine why people charged with crimes cooperate with law enforcement.

Tags: Criminal Investigation, Plea Agreement, Federal Investigation

When Should You Hire a Criminal Defense Attorney? 

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Target Letters, Federal Investigation, Attorney, Consultation, Hiring an Attorney on Thursday, March 29, 2018

While most people would say that you should retain a criminal defense lawyer once you are charged with a state or federal crime, the answer is not that straightforward. In many instances, an individual or company will learn that there is an active, pending investigation into their activities. They might be contacted by law enforcement for an interview; they might be served with a grand jury subpoena for documents and/or testimony; they might learn that business associates and customers have been interviewed by law enforcement; they might receive a “target letter” from the U.S. Attorney’s Office; or they might be tipped off by their friendly banker that their financial records have been subpoenaed.

Tags: Criminal Investigation, Target Letters, Federal Investigation, Attorney, Consultation, Hiring an Attorney

Warrant to Search Places or To Electronically Intercept Communications - What's Required?

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Privacy, Spying, Federal Law Enforcement, Federal Investigation, Search and Seizure, Warrant, FISA Warrant, Wiretap on Monday, February 5, 2018

Much has been written and tweeted about this past week concerning this topic. Politics aside for the moment, what does the government need to demonstrate to a court that a place should be searched, or a person’s phone calls should be intercepted?

Tags: Criminal Investigation, Privacy, Spying, Federal Law Enforcement, Federal Investigation, Search and Seizure, Warrant, FISA Warrant, Wiretap

What You Should Ask an Attorney in the First Consultation

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Criminal Law, Federal Investigation on Friday, January 26, 2018

Facing serious criminal charges, or being told that you are a subject or target of a criminal investigation, can be extremely stressful and unnerving. It is common to feel overwhelmed and uncertain what to ask in your consultation with a criminal defense attorney. Below are some of the major questions a prospective client should ask the attorney.

Tags: Criminal Investigation, Criminal Law, Federal Investigation

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