VIOLENT FELONIES

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. 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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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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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. 

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. 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.

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. 

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.