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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.

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 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. 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.