Call us today: 646-820-0224

NYC Federal Criminal Defense Lawyer

Our firm is changing the rules of criminal defense and regulatory litigation in New York and across the country. Leveraging cutting-edge technology, real-time client communication, custom defense team building and innovative strategy, we are rewriting the book on criminal defense.

Federal Criminal Defense

We represent individuals who have been charged with or are being investigated for a full range of federal crimes nationwide.

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White Collar Defense and Regulatory Enforcement

We defend public officials, executives, board members, securities brokers, traders, law enforcement personnel, and employees facing criminal charges, internal investigations and regulatory enforcement actions.

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Criminal Appeals

Our attorneys have successfully appealed to The United States Supreme Court and other federal appellate courts throughout the country.

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Asset Forfeiture Litigation

We help people who face asset forfeiture including government seizure of money, property or other items.

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Our Commitment

The Henry Law Firm PLLC is committed to excellence and providing aggressive, impactful legal representation to people in New York City, New York State and around the country.  Our NYC federal criminal defense lawyers have a depth of experience in federal criminal and white collar criminal defense cases that is unmatched by other boutique criminal defense litigation firms.  Our attorneys draw from over a decade of experience handling every type of federal criminal case in trial and appellate courts from North Carolina to Hawaii.  Our lawyer’s ability to leverage those years of experience, advanced litigation technology and innovative defense strategies allows us to deliver outstanding representation and results.  That is why we implemented a four-point philosophy that helps us achieve great results for our clients.  Our commitment to defending individuals and institutions is unwavering.

 

Always Available

If you have been contacted by a federal law enforcement agent, received a target letter notifying you of an investigation or have already been arrested, we are available to assist you at any time.  Our firm prides itself on client engagement through multiple avenues of communication.  In the most critical time of your life, contacting experienced legal counsel is the most important thing you can do.  At The Henry Law PLLC we know that time is of the essence.

Results-Driven Trial Lawyers

Not every case goes to trial, but at the heart of every great defense is the ability of an attorney to put the pressure on the government at trial.  Our attorneys have tried federal criminal cases to verdict in multiple districts around the country.  While we recognize that trial is not always the right move, our finely tuned ability to prepare and execute a winning trial strategy gives us the upper hand when negotiating outcomes.  That is why we attack every case using an aggressive, trial-ready strategy designed to achieve results.  And, when the cards are on the table we will bring our significant trial experience to bear.

Appellate and Administrative Enforcement Representation

Inevitably, many federal and white collar cases have associated administrative enforcement, appellate or forfeiture components.  We have significant experience defending against investigations and enforcement actions by the Securities and Exchange Commission (SEC), Financial Regulatory Authority (FINRA), Commodity Futures Trading Commission (CFTC), Internal Revenue Service (IRS) and other administrative bodies.  Our attorneys have successfully argued appeals in the United States Supreme Court and other federal appellate courts around the country.  We have also successfully recovered hundreds of thousands of dollars for clients in civil forfeiture actions by state and local law enforcement agencies.

High Quality

We strive to make every client feel that they are receiving a personal commitment and attention from our entire team.  We accept new engagements in a way that ensures that our institutional and individual clients are provided the responsiveness, service and results consistent with the highest standards of excellence.  in this way, we are able to focus our attention and resources on our select clientele to deliver serious legal firepower.

Laser-Focused Representation

Our firm focuses on federal crimes and white collar violations specifically.  We spend every hour of our day researching, writing, reading and talking about federal and white collar crime.  We have thousands of hours of training in the intricacies of federal crimes and financial crimes.  We do not pretend to be a full-service criminal defense firm.  Ours is a firm solely dedicated to the most aggressive, well-informed defense for individuals and corporations facing criminal or civil penalties in federal courts. Our laser-focused approach to these narrow subsets of criminal defense provide our clients with the assurance that their case is being handled by a seasoned attorney who has devoted years of their career to defending these kinds of cases.  The difference is our knowledge of the rules, regulations and procedures that make this area of the law so complex.  Our clients can rest assured that we are up to date on the most recent updates and changes in the law.  The results speak for themselves.

The Go-To Firm for White Collar and Federal Criminal Defense

Our attorneys have been recognized for excellence in white collar criminal defense and federal criminal defense by multiple legal publications, organizations and their peers.  Our attorneys have been named SuperLawyers by Thomson Reuters, have been rated 5 out of 5 and named AV Preeminent by Martindale-Hubbell and have consistently been rated 5 out of 5 stars by former clients.  That reputation has been earned over the course of hundreds of cases in federal trial and appellate courts around the nation.

Our Resources

No matter how serious the case, we are equipped to handle whatever comes your way.  We regularly engage forensic experts, accountants, investigators, former federal agents and other specialists to assist us in our defense.  Through a carefully cultivated network of trusted experts, we are able to provide you with the most informed, strategic defense possible.  Having the right team of people on your side is often the difference between a good result and a great result. We have also harnessed the power of technology to provide serious litigation firepower and a unique ability for our clients to stay engaged in their representation.  Using programs that increase our capability to review and dissect discovery, organize and produce substantive legal documents and present forceful, memorable courtroom presentations, we are able to set ourselves apart from other firms and the government.  We have also implemented innovative client communication tools that provide clients access to their case documents, encrypted attorney direct messaging, video conferencing and interactive scheduling and calendar tools.  The ability to see your case move forward in real time allows you to stay engaged and provides the attorneys with insightful feedback.

Innovative Fee Solutions

Our open-minded approach to valuing our professional services gives our clients an ability to achieve a workable fee structure while ensuring they receive quality legal representation.  Our firm offers multiple payment options, and has experience obtaining 3rd-party funding if available.  When everything is on the line, we offer peace of mind

What to Do If You Are Facing a Money Laundering Investigation

According to experts, around $5 trillion is money laundered around the world each year, and law enforcement authorities recover only a small fraction of that money. But, in spite of this gap – and quite possibly because of it – U.S. law enforcement authorities take an extremely hard line in pursuing the money laundering investigations that do end up on their radar, and it is often tertiary and unsuspecting individuals and entities that find themselves in the crosshairs of a money laundering investigation. While we might think of large banks and other financial institutions when we think of money laundering, it is common for business partners, service providers, art and antique dealers, auction houses, trustees, directors and board members, and all types of financial service providers to get caught up in a money laundering investigation. It is certainly frightening to get a visit, call, or other inquiry from a federal agent or agency – or even to hear rumors of those close to you being approached – but what you do next can have enormous implications for your future.

Understand That Criminal Liability Can Exist Even If You Were “Ignorant”

Again, federal law enforcement takes a very aggressive approach to policing money laundering, and they do this for a number of reasons. One is that it is often more feasible for law enforcement to collect evidence of financial crimes than the crimes that produced the money being laundered, such as international trafficking. Law enforcement can also approach those who may played a secondary and/or unwitting role in the money laundering and use methods to intimidate them and their businesses that might lead them to the persons committing the crimes from which the money profits flowed.

Unlike with many other criminal laws, prosecutors do not have to show that a person willfully (in other words, intentionally) violated federal laws on money laundering in order to secure a conviction. Using the concept of “willful blindness,” prosecutors can successfully argue that a person is guilty of money laundering when he makes efforts to conceal the profits of criminal activity even if he did not know the money was the product of illegal activity but had strong reason to suspect it was. For example, an art dealer facilitating transactions on behalf of a wealthy drug dealer to conceal profits might be charged with money laundering if it can be shown there was a reason to suspect the nature of the funds.

Furthermore, anyone who merely encourages or assists such a transaction (e.g. service providers) could potentially be liable even if he or she was not a primary party to the transaction.

Do Not Wait to Speak With a Criminal Defense Attorney

Does this mean every person connected with a transaction involving money derived from illegal activity is criminally liable? Absolutely not, but it does mean that prosecutors can find a way to pin criminal liability on persons in ways they may well not have imagined. Thus, it is a mistake to speak with law enforcement – or any other non-attorney for that matter (any conversation you have not protected by a privilege may be used against you) – without an attorney under the impression that you have nothing to worry about.

By speaking with a criminal defense attorney experienced in federal investigations at the first sign of a money laundering investigation, you can take steps to determine what your potential criminal liability might be (which may be none, but better to find that out in a confidential consultation with an attorney who represents only your interests), and work with that attorney in communicating with law enforcement to reach your best possible outcome, which can include a dropped investigation or favorable agreement.

Contact a New York Defense Attorney Today

The Henry Law Firm PLLC provides criminal defense to individuals and businesses throughout New York in all state and federal investigations and prosecutions. If you believe you may be under investigation for money laundering, do not hesitate to contact us today to schedule a confidential consultation regarding your matter.  

FAQ: Tax Fraud Penalties

Can I be charged with a crime if my taxes are done incorrectly?

Yes. Not only can the IRS can hand down civil penalties for improperly doing your taxes, federal prosecutors can charge you with a tax-related crime if you fail to file a tax return, provide false or fraudulent statements to the IRS, or willfully evade paying your full share of taxes.

What are the criminal penalties for failing to file a tax return?

You face up to one year in prison and up to $100,000 in fines (or up to $200,000 in the case of a corporation). These penalties also apply when a taxpayer fails to pay taxes on time or fails to supply information to the IRS.

What are the criminal penalties for making fraudulent or false statements to the IRS?

You face up to three years in prison and up to $250,000 in fines (or up to $500,000 in the case of a corporation). Making fraudulent or false statements can apply to statements made in your tax return or to government officials.

What are the criminal penalties for tax evasion?

You face up to five years in prison and up to $250,000 in fines (or up to $500,000 in the case of a corporation).

What is the difference between tax evasion and tax avoidance?

Tax avoidance is the legal process of taking advantage of strategies allowable by the tax code to reduce your taxes. Tax avoidance is therefore legal. Tax evasion is using strategies not allowed by the tax code to reduce or eliminate the taxes you pay. Tax evasion is illegal.

What are common methods of tax evasion that can result in criminal penalties?

  • Failing to report income from a side job
  • Failing to report income from rentals
  • Failing to report income paid in cash
  • Overstating deductions that do not exist, such as charitable donations not actually made

What if a person makes a mistake on their tax returns?

If you negligently make a mistake, then you still may owe civil penalties, but the government cannot convict you of a crime unless it was willful on your part. The standard of proof in showing willfulness is guilt beyond a reasonable doubt.

Can I be charged with a crime for assisting another person or entity in tax fraud?

Yes, as with most crimes, you can be charged with a tax-related crime as an accomplice if you assisted and/or encouraged another person to commit tax fraud.

Contact a New York Criminal Defense Attorney Today

The Henry Law Firm PLLC provides criminal defense to individuals and businesses throughout New York. Contact us today to schedule a confidential consultation regarding your matter.  

Do I Need My Own Lawyer in an SEC Investigation?

If your employer is being investigated by the SEC, then you likely have some questions about the SEC investigation process but may not feel comfortable asking them of your supervisor or co-workers. This is understandable, as an SEC investigation can mean significant civil penalties such as fines, permanent career and reputational damage, or loss of a job. One of the most common questions employees of a company under SEC investigation ask is whether they need their own lawyer, and they often trip themselves up by asking the wrong people to answer that question.

Your Company’s Attorneys Cannot Tell Whether You Need a Lawyer

When an employee learns that an SEC investigation is occurring, it is common for the employee to ask the HR director, the General Counsel, or even an outside law firm representing the company whether the employee needs his or her own lawyer. First, it is critical to understand that all of those people are there to serve the interests of the company, not you the employee.  Thus, it is not their job to be concerned with whether you would be better off from a legal perspective by having your own attorney.

In addition, they might not have any idea what your role in potential SEC violations were and thus whether it would serve your interests to have your own attorney or not. If company attorneys are speaking with you about events related to a potential SEC investigation (also note that the company attorneys are likely not under any obligation to tell you whether an investigation is indeed occurring or not), there is a good chance they know less than you do about potential violations at that point and are indeed speaking with you to gather that information, thus making them even less likely to be able to answer that question accurately.

The Company Attorneys Represent the Company, Not You

Beyond the issue of presenting the question of whether you need your own attorney to company lawyers, regardless of what they might say to you, the fact of the matter is that those attorneys represent the company and not you. Simply put, their allegiance and duties are directed towards representing the company’s interests, and that will always be their overriding mission.

Does this mean they are out to get you and will ultimately throw you under the proverbial bus in an SEC investigation? Not necessarily, and the company (and by extension, its attorneys) may have a strong interest in defending, so long as your interests are aligned with those of the company.

But, when push comes to shove, it is the case that they are not there to defend your interests and formulate legal strategies to protect your reputation, career, and future. In many cases, companies under SEC or other federal investigation can curry favor with law enforcement by showing that they are taking a hard line against employees in the company who have violated laws, and so penalizing and/or terminating an employee can be an action a company takes on the advice of its attorneys to reach a favorable outcome with the SEC. And this outcome may be reached on the basis of information you as the soon-to-be terminated employee provide to the company and its attorneys under the mistaken impression that doing so would help your interests.

Contact a New York White Collar Defense Attorney Today

Thus, if you have reason to suspect you face negative consequences in an SEC investigation of your employer, it is wise to reach out to your own white collar investigations attorney to discuss your options in a confidential setting. The Henry Law Firm PLLC provides white collar defense in SEC investigations to individuals and businesses throughout New York. Contact us today to schedule a confidential consultation regarding your matter.  

Can I Live in a Home With a Gun if I’m a Felon?

If you are a convicted felon, then you are no doubt aware that one of the main rights you lose even after you serve your time is the right to own a firearm. This includes “possessing” a gun even if the gun belongs to someone else. If you are found to possess a gun as a convicted felon, you can face further federal felony gun possession charges under 26 U.S. Code § 5861, as well as state criminal charges which can send you to prison for years.

But what about a situation where another person in your house owns a gun? After all, the Second Amendment does provide citizens with the right to own firearms. Although it is not per se illegal for a felon to live in a home with a gun owned by a spouse, significant other, or housemate, felons do run a risk of being found to have possessed the firearm, and may even put the person they live with in serious danger of aiding and abetting their illegal possession.

You Can Be Convicted of Constructive Possession

Again, possession is not the same as ownership, and you can be convicted for possession of a firearm as a felon if you exert control over the firearm, such as by carrying it with you or shooting it. But simply avoiding contact with the gun itself is not enough to keep you in the clear, and you may face possession charges where you never actually exerted control if you are found to have had constructive possession of the firearm.

In general, courts can find that a felon had constructive possession of a firearm where:

  • The felon knew that the firearm was in the home; and
  • Had the ability and opportunity to exert control over the firearm

Thus, if your wife keeps a gun unlocked in her nightstand, and you know it is there, a prosecutor may well charge you with possession of the firearm even if you never touched the gun.

Your Housemate May Be at Risk of an Aiding and Abetting Charge

To add to this, the other person in the house who did legally own the gun can be found to have aided and abetted your possession of the gun so long as that person knew of the felon’s possession or constructive possession and acted with intent to allow that possession. While the government may face challenges in proving intent, an aiding and abetting charge is a serious criminal violation and thus precautions should be taken.

Taking Precautions

While the safest route to avoiding criminal charges is for a felon and his or her housemates to avoid having a gun in the house altogether, the Second Amendment does protect the right of non-felons to own a gun and to protect themselves and so the law will allow them to do so. That said, doing so creates a high risk of prosecution and strict precautions should be taken to avoid the felon having possession or constructive possession of the firearm, such as keeping the gun in a locked safe (to which the felon does not have access) at all times the felon is present. It is best to speak with an experienced criminal defense attorney to determine what precautions are necessary to avoid state and federal criminal charges.

Contact a New York Criminal Defense Attorney Today

The Henry Law Firm PLLC provides criminal defense to individuals and businesses throughout New York. Contact us today to schedule a confidential consultation regarding your matter.  

 

How Speaking With Federal Agents Can Send You to Prison

You probably remember the 2004 story of TV host Martha Stewart being sent to federal prison. But do you remember what federal crime she went to prison for? If you said insider trading, you would be wrong. Although Stewart was investigated by federal officials for selling her ImClone stock in 2001 after allegedly receiving a tip via a company insider, she was ultimately found guilty not for the stock trade itself but rather for obstructing justice and lying to federal agents about the sale. Stewart’s story is by no means an anomaly, and white collar suspects get tripped up all of the time in how they respond to federal investigations, with their efforts to maintain their innocence often becoming the criminal act that federal officials are able to successfully prosecute.

The Federal Law Against Lying to Agents

Pursuant to U.S. Code Title 18, Section 1001, it is a federal crime for a person to take any of the following actions with respect to an investigation or other matter under the jurisdiction of a federal agent:

  • falsify, conceal, or cover up by any trick, scheme, or device a material fact;
  • make any materially false, fictitious, or fraudulent statement or representation; or
  • make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry

Those found guilty of violating Section 1001 by making a false statement to federal agents can face up to five years in federal prison. As with nearly all crimes, it does not matter whether the person committing the act be aware that doing so is a crime.

Furthermore, as appears to have been the case with Stewart, there is also no requirement that the underlying subject matter of the communication between a person and a federal agent relate to any crime that the person may or may not have committed. In essence, an innocent person speaking with a federal agent (and who may not even be the target of a federal investigation) can unknowingly commit a crime simply by speaking with that agent.

Exercise Your Constitutional Right to an Attorney at all Times

Under the Fifth Amendment of the US Constitution, you have a right against self-incrimination. The Supreme Court has ruled that this means that any person talking to a government agent – whether a police officer, SEC investigator, FBI agent, and so on – has the right to be represented by an attorney during all such questioning, regardless of whether that person is the focus of an investigation. Once you assert your right to an attorney, all questioning must cease, and the assertion of this right cannot be held against you.

By working with an experienced criminal defense attorney, you can prepare yourself to provide information to federal agents and others (or refrain from doing so) in a way that protects your interests and avoids creating criminal liability.

Contact a New York White Collar Defense Attorney Today

The Henry Law Firm PLLC provides white collar criminal defense to individuals and businesses throughout New York. Contact us today to schedule a confidential consultation regarding your matter.  

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Prior results do not guarantee future outcomes.