Federal Court Dismissal.



Client: 70 year-old French Citizen.

Criminal Charges:Conspiracy & Wire Fraud in the Southern District of New York.

Result: After seven months in United States custody, and an initial plea offer of from 51 to 63 months in federal prison, a deferred prosecution request, made by my office, was ultimately successful. The matter was dismissed and the defendant immediately released.

Facts: The defendant had opened six checking accounts and formed two corporations in New York. These were ultimately used by a co-conspirator to steal approximately $400,000, from over 200 individuals throughout the United States.

My Office’s Approach: I had visited the defendant in the Metropolitan Detention Center approximately fifteen (15) times during his incarceration. It became clear to me that immediately prior to the financial fraud, the defendant had suffered a nervous breakdown, and was in an extremely fragile mental condition when recruited to participate in the conspiracy.

Why I Believe My Office Had Success: I have a reputation throughout the Criminal Justice Community in New York as a skilled and practical defense attorney who is also, very realistic. I am not a lawyer who blindly vouches for each and every client’s innocence. As a result, when my office’s Deferred Prosecution request was received at the United States Attorney’s Office, it carried a great deal of weight. I believe that an AUSA, who was on the Deferred Prosecution committee, and had known me since I was a young Assistant District Attorney, basically said, “McCarthy says the guy is innocent?! Let me see that file!”

Final Analysis: The matter was dismissed, the defendant was released, and he immediately returned home to his family in France. A wonderful result in all respects for the client and his family.