NOTABLE CASES
United States v. Steven C, 17 CR 89 (CS) (SDNY 2017-2020)
The client was charged in a highly publicized racketeering and death penalty eligible case that included allegations of conspiracy to murder, murder, gambling and other offenses. After 3 failed attempts at bail by two other attorneys, DiBenedetto shocked a packed courtroom and secured his client’s release. DiBenedetto thoroughly hammered both the government and their lead witness on the murder charge. DiBenedetto fearlessly exposed the government’s false statements and attempts at concealing material evidence which rendered their star witness’s testimony as unreliable. In an unconventional move, DiBenedetto also had his client submit to a lie detector test by a notable polygraphist, further exposing the government’s key witness as a liar. DiBenedetto ultimately secured a guilty plea to conduct that did not include the charged murder sparing the client a life sentence.
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.”
United States v. Michael V, 11 CR 508 (SLT) (EDNY 2011), 11 CR 546 (WHP) (2011 SDNY), 06 CR 800 (S-2)(SLT) (2011 EDNY)
Affectionately known as “Mike the Butcher,” the client was simultaneously charged with multiple counts of extortionate extensions and collections of credit in the Southern and Eastern Districts of New York. He was also charged with a violation of supervised release in the Eastern District of New York. The client faced a combined sentence of over ten years. After two very strong bail applications, DiBenedetto exposed the cooperating witnesses as liars – one of which was exposed as the subject of a “Shame On You” episode with Arnold Diaz for fraud. Based on these applications, the government offered the client a plea of 30 to 37 months which recommended concurrent time on both cases and the violation of supervised release.
People v. Jason P., CR-012836-20QN (Queens County 2020)
The defendant was charged with serious felony offenses stemming from a shooting outside an Astoria restaurant. The client was alleged to have possessed and discharged a firearm during a dispute, striking an individual in the chest. The charges carried a potential jail sentence of 15 years. The allegations were supported by witness testimony and video evidence. DiBenedetto and his team conducted their own thorough investigation and were able to breakdown the prosecution’s evidence and theory of the case. DiBenedetto was successful in presenting significant reasonable doubt resulting in the dismissal of all charges.
People v. James R., Ind. No. 163/2005 (Richmond Co. 2005-2007)
Represented a Radiation Therapy Technologist in a “cold case.” The client was arrested in 2005 and charged with murdering his childhood friend thirteen years earlier in 1992. The defendant faced a possible 20 year sentence. On the day of jury selection, with the defendant already incarcerated for over two and a half years pending trial, defense counsel successfully negotiated a plea to a non-violent felony with an indeterminate sentence of 3 ½ to 7 years resulting in the defendant being eligible for release within six months or require him to be incarcerated for only an additional year.
Demo Company Avoids Criminal Charges And Significant OSHA Penalties (2020)
The client, a large-scale demolition company handling major projects throughout New York City, was investigated by both the New York County District Attorney’s Office and OSHA after an employee was struck by shrapnel from an exploding fire extinguisher resulting in his death. The company hired DiBenedetto to oversee both probes. DiBenedetto immediately conducted his own thorough investigation and was successful in thwarting the New York County inquiry after establishing the freak nature of the accident. Additionally, DiBenedetto was successful in reducing the OSHA penalties to minor citations.
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. Robert W, Docket No. 14120042 (Rockland County 2015)
The client, a professional poker player, was charged as an alleged leader in a large scale gambling ring. The client was charged with multiple felony counts and had over 6 million dollars in cash and assets frozen by the prosecution. DiBenedetto was successful in securing the client a misdemeanor plea and the release of over 90 percent of his assets.
People v. Sweet Hills Stables (Suffolk County 2016 - 2018)
The client, an owner of a of a well-known equestrian center that provided trail rides, boarding, summer camp, lessons, birthday parties and horse shows on over 10 acres of county property, was accused of dumping hazardous material on county property. After a highly publicized investigation by the Suffolk County District Attorney’s Office and the Environmental Protection Agency, DiBenedetto successfully avoided criminal prosecution for the client by affirmatively establishing the client’s lack of knowledge, participation and consent to the illegal dumping.
United States v. Donald D., et al., 03 CR 328 (RJD)(E.D.N.Y. 2003 - 2005)
Represented a former All-American and NFL Buffalo Bill who was charged as the lead defendant in an international counterfeiting ring which purchased imitation Marlboro cigarettes from China and sold them via the internet from an Indian Reservation. While the case was pending, the defendant was indicted in Texas on separate counterfeiting charges and received a 24 month sentence of imprisonment. Defense counsel was successful in obtaining a reduced sentence from 57 months to a concurrent sentence of 24 months, resulting in no additional time.
New York City Demolition Company Avoids Criminal Charges And Has OSHA Citations Downgraded (2015-2016)
The client, a New York based demolition company, hired DiBenedetto to oversee both a New York County and OSHA investigation of a building collapse at their job site in New York City which resulted in the death of an employee. After conducting his own thorough investigation, DiBenedetto was able to curtail the New York County investigation by establishing that the client did not act recklessly or negligently. DiBenedetto was also successful in limiting the OSHA investigation to minor citations.
United States v. Vincenzo S., et al., Ind. No. 08 CR. 858 (WHP)(S.D.N.Y. 2008 – 2009)
Successfully obtained a time served sentence of five months for defendant charged in a highly publicized international drug ring which purchased numerous kilograms of cocaine from Central and South American drug organizations, including the Gulf Cartel, and smuggled them through New York to Italy. The defendant faced a ten year mandatory minimum sentence and deportation. After disproving the government’s theory of the case and uncovering exculpatory information, defense counsel secured a non-drug plea to attempting to evade currency transaction reporting requirements (“structuring”), and also spared the defendant from being deported.
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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.
United States v. Vincent C., 16 CR 522 (RJS) (SDNY 2016 - 2017)
Successfully represented a client indicted in a highly publicized racketeering case charging 46 persons in all. The client, an alleged leader, was charged in gambling and extortion and faced an advisory guideline range of 41 to 51 months. DiBenedetto was successful in securing a sentence of 6 months incarceration and 2 months of home detention after a 2-day sentencing proceeding wherein DiBenedetto established that the client was not involved in acts of violence.
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).
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. Anthony C, 16 CR 522 (RJS) (SDNY 2017)
The client, an owner of a broker-dealer, was charged along with 46 defendants in a highly publicized racketeering case. DiBenedetto successfully avoided a racketeering conviction and an incarceratory sentence for the client after establishing that the client’s involvement in the charged conduct was driven largely by his gambling addiction.
United States v. Jun X, 09 CR 746 (SHS) (SDNY 2009-2010)
The client hired DiBenedetto to address sentencing issues after entering a plea pursuant to a Pimentel Letter (a plea with no agreement amongst the parties and to the entire indictment) which charged racketeering and predicate acts of conspiracy to murder, murder, gambling and narcotics. The government calculated the client’s advisory guideline range as 324 months to 405 months imprisonment and advocated for the high-end of that range based on the claim that the deceased was stabbed and shot multiple times. DiBenedetto successfully argued government overreach and exploitation of his client immediately after his arrest and secured a downward variance of 185 months (over 15 years).
People v. Raymond C., (CR-037175-18KN) (Kings County 2018)
The client, a landlord, was charged with breaking into a tenant’s apartment, assaulting the tenant and destroying their property. The felony complaint included multiple counts of assault, burglary and trespass. Additionally, the tenant contacted local news networks which covered the allegations of assault and burglary. In spite of media scrutiny, DiBenedetto was successful in securing the dismissal of all counts after discrediting the complainants version of events and establishing that the complainant was the initial aggressor.
United States v. David S, 10 CR 414 (SJ) (EDNY 2011)
Against all odds, and despite a prior conviction for violence involving the use of a gun, DiBenedetto successfully secured bail for his client charged with conspiring to use physical force against a government cooperator with the intent of preventing his testimony. DiBenedetto ultimately secured a sentence of only 8 months for his client - who faced a statutory maximum sentence of 30 years and an estimated guidelines range of 96 to 120 months imprisonment - after dismantling the government’s case and exposing the expected cooperator testimony as questionable.
United States v. Anthony M., 11 CR 12 (RMB) (SDNY 2011)
Successfully represented a client charged in a highly publicized multi-defendant racketeering case that included predicate acts of arson, gambling, loansharking and drug trafficking. The client faced a mandatory minimum sentence of 120 months imprisonment on the drug count alone. DiBenedetto was successful in securing a sentence of 43 months for the client after discrediting the government’s lead witness and exposing significant trial risk for the government regarding allegations of violence and drug trafficking.
United States v. Dominick D., 09 CR 1243 (LAK) (SDNY 2009)
Successfully avoided career offender status for a client charged in connection with a highly publicized racketeering case in the Southern District of New York. The client was charged with multiple counts of extortion naming at least 4 victims, along with gambling and a drug conspiracy. The client faced a career offender guideline of at least 15 years imprisonment. DiBenedetto was successful in securing a non-racketeering plea and the low-end of the revised guidelines which resulted in a reduction of over 8 years from his potential sentence.
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.
United States v. Peter S, 12 CR 549 (CBA) (EDNY 2012)
The client, a successful magazine salesman, was charged with use of counterfeited electronic postage meter stamps. It was alleged that he generated a loss to the United States Postal Service well in excess of One Hundred Thousand Dollars. DiBenedetto was successful in securing a downward variance from a range of 24 to 30 months to a total sentence of seven months imprisonment after detailing the client’s extraordinary family circumstances consisting of the client being the sole care provider/lifeline to his elderly and frail parents.
People v. Reginald D., Docket No. 2008KN041291 (Kings Co. 2008)
Successfully obtained the dismissal of all charges for a defendant named in a myriad of counts, including two counts of attempted murder and criminal use of a firearm, where it was alleged that the defendant shot the complaining witness in the back and fired multiple shots at another complaining witness, in broad daylight with numerous eye witnesses.
People v. Jamie L., Ind. No. 6140/2005 (Kings Co. 2005 – 2007)
Successfully obtained an acquittal of all charges after trial for a client charged with a gun point robbery after establishing his innocence through two polygraph exams and discrediting eyewitness testimony.
People v. Leonardo C., Ind. No. 181/2007 (Richmond Co. 2007 – 2008)
Successfully secured bail and obtained a probationary sentence for a defendant who was alleged to have shot at a neighbor three times with two rifles and a hand gun, while wearing a bandoleer of ammunition in front of numerous eyewitnesses. Defense counsel was successful in obtaining a non-incarceratory sentence in spite of the defendant’s alleged conduct, which also included an hour-long standoff with authorities and a subsequent search warrant revealing numerous weapons and ammunition in his home.
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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.
People v. Joseph C., et al., Ind. No. 119/2003 (Richmond Co. 2003 – 2005)
Successfully obtained the dismissal of all charges on the eve of trial for a client charged in a highly publicized gang assault in Richmond County after establishing his innocence through a polygraph, alibi witnesses and investigative techniques which discredited the People’s main witnesses.
United States v. First United Equities, et al., 00 CR 1248 (NGG)(E.D.N.Y. 2004 - 2005)
Successfully obtained a downward departure from a possible sentence of 33 months imprisonment to Three Years probation for a broker charged in a multi-million dollar securities fraud scheme based on defense counsel’s detailed submission outlining his extraordinary medical circumstances.
People v. C. N., (New York Co. 2003 – 2004)
Prevented the possible suspension and/or revocation of a highly noted Neuro-Oncologist’s medical license by successfully avoiding a criminal conviction despite that he was alleged to have operated a motor vehicle with a blood alcohol content three times the legal limit.
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. Louis M., et al., 02 CR 1399 (NGG)(E.D.N.Y. 2003 – 2004)
After a highly publicized organized crime sting, defendant charged with RICO and Extortion received a downward departure from a possible sentence of 33 months imprisonment to Three Years Probation, based on defense counsel’s submission detailing the defendant’s extraordinary family circumstances.
People v. Thomas C., Ind. No. 2916/2006 (New York Co. 2006 – 2007)
Successfully avoided an incarceratory sentence and felony conviction for a New York City firefighter alleged to have assaulted the complaining witness with a glass, causing over 70 stitches after establishing that the client acted in self-defense.
United States v. Geoffrey H., et al., 04 CR 273 (NRB)(S.D.N.Y. 2004 – 2006)
Successfully obtained a downward departure from 24 months imprisonment to six months home confinement for a defendant charged in a highly publicized gambling operation with ties to organized crime.
United States v. Enrico P., et al., 07 CR 252 (LDW)(E.D.N.Y. 2006 – 2007)
Successfully obtained a downward departure to six months home detention for a defendant initially charged with a ten year mandatory minimum for growing numerous kilograms of marijuana hydroponically at multiple “grow houses” throughout Brooklyn, New York.
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.
People v. Vincent V., Ind. No. 388/05 (Richmond Co. 2005 – 2007)
Successfully represented a union employee charged with reckless murder and leaving the scene of an accident after it was alleged that he drove through a construction site striking several Department of Transportation employees resulting in a fatality.
People v. Alex F., et al., Docket No. 2008RI010560 (Richmond Co. 2008 – 2009)
Successfully obtained a non-criminal conviction for the lead defendant alleged to have possessed explosives and explosive substances, which were later recklessly discarded near a residential complex.
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.
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