FEDERAL CRIMINAL DEFENSE

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.

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United States v. Peter G., et al., 02 CR 743 (RCC)(S.D.N.Y. 2003 – 2004)

Represented the alleged boss of the Gambino crime family and brother of John Gotti, in a highly publicized RICO case alleging a conspiracy to murder mafia turncoat Salvatore “Sammy the Bull” Gravano.

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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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. 

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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.

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.

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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. 

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.

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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. 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). 

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. 

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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. 

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.

United States v. Salvatore B., et al., S6 05 CR 774 (KMW) (S.D.N.Y. 2007 – 2008)

Represented the president of Local 1181 of the Amalgamated Transit Union in a highly publicized Racketeering case alleging mob infiltration of the school bus union. 

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.