Federal Sentence of Time Served (16 Days) Based Upon Collateral Consequences of Conviction

The Defendant was charged with Conspiracy to Defraud Financial Institutions, a Class “B” Federal Felony, along with several other co-conspirators. Several banks were the victims of this multimillion dollar Mortgage Fraud. The Federal guidelines called for a range of imprisonment of approximately five years. Due to a Motion by Federal Criminal defense Attorney Todd Greenberg, United States District Judge Peter G. Sheridan departed from the Federal sentencing guidelines on the ground that the Defendant’s father, a co-defendant and leader of the conspiracy, strongly influenced his son. Federal Criminal Defense Attorney Todd Greenberg argued to the Federal Judge that the father-son relationship exhibited herein, between this Defendant and his father, the undisputed leader of this Conspiracy, represented a classic example of Confucianism, a philosophy strongly embedded in Korean Culture and in this particular Defendant. According to the presentence Memorandum prepared by Federal Criminal Defense Attorney Todd Greenberg, citing to Confucius, each person had a specific place in society and certain duties to fill. Confucius set up five principles relationships in which people are involved, one of them being “father and son”. In passing sentence, the Court noted this relationship, the trust between this Defendant and his father, and departed considerably from the Federal Guidelines, finding the father’s influence contributed to the Defendant’s actions. Extensive preparation by Federal Criminal Defense Attorney Todd Greenberg helped a client of Addabbo and Greenberg avoid a lengthy Federal prison sentence.

In a major legal victory in Federal court in Buffalo, Attorney Todd D. Greenberg, Esq., along with Buffalo Attorney Mark J. Mahoney, Esq., who represented a Co-defendant, obtained suppression of evidence found in a search of Mr. Greenberg’s client’s home, including pictures of Nike sneakers, financial records and approximately $450,000 in cash. Addabbo and Greenberg’s client was charged, along with 22 other alleged co-conspirators, with Trafficking in Counterfeit Goods and Conspiracy. The Indictment alleged that the Conspiracy involved a violation of Nike, Inc. trademarks. It was alleged that Addabbo & Greenberg‘s client, with others, “…devised and engaged in a criminal scheme to traffic in millions of dollars of footwear bearing counterfeit Nike marks.” An arrest warrant was issued from the Federal Court in Buffalo and our client was arrested in his home in Flushing. During the search, Federal agents recovered photos of Nike sneakers, financial records and $450,000 in cash. The Government argued that the seizure was lawful under the “plain view” doctrine, which states, in substance, that if the police are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to the object, they may seize it without a warrant. After extensive pretrial hearings in Buffalo, the court found, as argued by Attorney Todd. D. Greenberg, Esq., that the agents had no reason to be in those portions of the apartment from which the items were seized because they arrested the defendant at his doorway. Further, with regard to the “plain view” argument by the Government, the Court noted that this alleged “plain view” seizure, where the incriminating nature of the items must be “immediately apparent”, took two hours, as established during Mr. Greenberg’s cross examination of the Federal Agent. Under such circumstances, the Government could not sustain its burden of establishing that the incriminating nature of the items were “immediately apparent”. It should be noted that 18 of the other defendants pleaded guilty and now, after the granting of this suppression motion, Mr. Greenberg’s client stands a good chance of a dismissal of the case. (Note: This decision was rendered by a Magistrate-Judge and must be confirmed by The District Court Judge.; Mr. Greenberg was joined on The Brief by Jonathan Edelstein, Esq.)

Our client pled guilty to Alien Smuggling and was granted a variance from the Federal Guideline Range that called for a jail sentence. Federal Criminal Defense Attorney Todd D. Greenberg argued that his client’s actions were not for financial but that he acted out of amorous feelings for a coconspirator. Further, his role, in relation to the other conspirators, was minimal. Mr. Greenberg submitted an extensive Pre-Sentence Memorandum setting forth the character of his client, his family contributions, his involvement in religious organizations and his work history to convince the Federal District Court Judge that there was extreme mitigation in his actions and that although his client committed a criminal act, he was far from a criminal. The Federal District Court Judge, acknowledging Mr. Greenberg’s hard work, stated that counsel did a “…very thorough job…” in his client’s sentencing submission and sentenced Mr. Greenberg’s client to two-years’ probation with a special condition of six months house arrest. Instead of a jail sentence which would have taken Mr. Greenberg’s client away from his family and two young children, Mr. Greenberg’s client can remain at home, work and lead a law abiding and productive life. No matter where your problem is, Mr. Greenberg can help. Please call us at 718-268-0400 or visit us at www.Queenslaw.com.