WHITE COLLAR

United States v. Davit M, 10 CR 895 (PGG) (SDNY 2012 - 2017)

Successfully represented the lead defendant in a 53-defendant case dubbed “the largest Medicare fraud scheme ever.” The client hired DiBenedetto to fight for him after his retained lawyer informed the presiding judge that the government’s offer of over twenty years imprisonment was a just sentence. After numerous filings, legal arguments and a Fatico (evidentiary) hearing, DiBenedetto was able to reduce the loss amount attributable to his client from over 160 million dollars to 20 million dollars and thereby secure a sentence significantly below the twenty years deemed as appropriate by prior counsel. In fact, the presiding judge stated on the record that “With respect to sentencing. I suspect that but for Mr. DiBenedetto's advocacy the sentence imposed… would likely have been much higher, indeed, perhaps effectively a life sentence.”

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Notable New York City Based Construction Company Avoids Federal Criminal Prosecution (EDNY 2020)

The client, an NYC based construction company, was alleged to have cashed company checks disguised as legitimate 3rd party payments for the purpose of generating cash which resulted in the underreporting of the company’s gross receipts and the filing of false tax returns. DiBenedetto was successful in negotiating a non-prosecution agreement and a favorable federal tax penalty.

People v. Kerri D., Docket No. I-1289-2011 (Suffolk County 2011)

The client, a bookkeeper at a prominent oil company, was alleged to have embezzled over $400,000.00 from her employer. The client was charged with grand larceny as a C felony and faced a maximum indeterminate sentence of 5 to 15 years. Over the objection of the complainants, DiBenedetto secured a 30 day sentence (which equals approximately 2 weeks of actual time served). 

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Principal At Major Steel Company Avoids Jail Sentence Amidst Allegations Of Wage Theft And Underreporting Of Payroll To State Labor Authorities (SCI No. 2449-19 (New York County 2019)

The client, an owner of a large steel company involved in numerous projects throughout New York City, was the subject of an investigation by the New York County District Attorney’s Office and the Attorney General’s Office for allegedly failing to pay employees the proper overtime wages and for underreporting payroll to the state labor department. The conduct was alleged to have occurred over a period of five years. DiBenedetto was successful in avoiding a jail sentence for his client. DiBenedetto skillfully negotiated a misdemeanor plea and structured a favorable payment plan which allowed the company to remain viable and open.

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In re Gregory H (EDNY 2012)

Successfully avoided prosecution for a California based accountant to the stars alleged to have assisted in laundering illegal proceeds for a client. DiBenedetto was effective in establishing the client’s innocence based on a detailed presentation addressing the transactions in question.

United States v. Mohamed E., 06 – M – 333 (E.D.N.Y. 2006)

Successfully obtained the dismissal of all federal criminal charges for a client alleged to have defrauded Sprint for over one million dollars. The client was charged with obtaining unauthorized use of cellular services by “flashing” telephones. Defense counsel disproved Sprint’s expert’s theory of the case and convinced the government that no crime was committed, which resulted in the dismissal of all charges.

United States v. Shawn M., 12 CR 1-002 (NDFL 2012)

Successfully represented a client indicted in the Northern District of Florida with conspiracy to commit access device fraud and aggravated identity theft. The client was alleged to have created numerous counterfeit credit cards and possess over 150 account numbers. DiBenedetto was successful in securing the low-end of the advisory guideline range in spite of the client being re-arrested in New York for similar conduct during the pendency of this case and the department of probation requesting that the client not receive a 3-level reduction for acceptance of responsibility based on the new arrest. 

In Re Highbuilt Contracting Corp. (NY County 2011)

Successfully negotiated a non-prosecution agreement and favorable settlement with the New York County District Attorney’s Office for a large construction company alleged to have paid kickbacks to secure construction work.

Cardiologist Spared Federal Criminal Prosecution For Tax Fraud (E.D.N.Y. 2005 - 2006)

Successfully prevented federal criminal prosecution for a highly renowned cardiologist alleged to have owed over Two Million Dollars in taxes. 

United States v. Madison Deane, et al. 04 CR 156 (LAP) (S.D.N.Y. 2004 – 2006)

Represented the president of I.S.B. Clearing Corporation, a Futures Commission Merchant, charged in a multi-million dollar scheme involving the foreign currency market.

United States v. American International Mortgage Bankers, et al., 02 CR 1298 (DRH)(E.D.N.Y. 2002 – 2005)

Successfully represented an attorney and president of American International Mortgage Bankers in a federal criminal prosecution alleging over Eighty Million Dollars in fraud.

United States v. John C., et al., 06 CR 1179 (RJH)(S.D.N.Y. 2007 – 2008) 

Represented a former wholesale representative with BNC Bank, a subsidiary of Lehman Brothers, in a highly publicized sting alleging mortgage fraud. Charges were ultimately dismissed after defense counsel convinced the government that the defendant’s conduct was not criminal. 

United States v. Paul J., et al.,06 CR 173(ERK)(E.D.N.Y. 2007) 

Successfully obtained a downward departure to a non-incarceratory sentence for local business owner charged in federal criminal court with defrauding the IRS of over Two Million Dollars. Defense counsel was successful in reducing the amount owed to only Thirty-Three Thousand Dollars after establishing that a large portion of the fraud was attributable to the actions of the informant on the case and that the defendant under-reported expenses, which entitled him to a credit.