FEDERAL CRIMINAL DEFENSE

Deportation Defense * Immigration Court Representation * Bond Hearings * Appeals

Federal Criminal Defense Attorney | New York & Connecticut

When the federal government targets you, it brings resources no individual defendant can match alone. Federal prosecutors — Assistant United States Attorneys — are career specialists who dedicate their professional lives to building and winning cases in the same courtrooms where your freedom will be decided. Behind them stand the full investigative power of the FBI, the DEA, the IRS Criminal Investigation Division, the Secret Service, Homeland Security Investigations, and dozens of other federal agencies. Federal cases frequently involve years of pre-indictment investigation before a single charge is filed. By the time you are arrested or served with an indictment, the government has often already built what it believes is an airtight case. The federal conviction rate consistently exceeds 90% — not because the government is always right, but because defendants who face the federal system without elite-level legal representation rarely survive it. The consequences of a federal conviction are categorical and unforgiving. There is no parole in the federal system. Mandatory minimum sentences are imposed by statute, not by a judge's discretion — and they can run for decades. Federal Sentencing Guidelines create ranges that judges are required to calculate and seriously consider. A federal criminal conviction carries collateral consequences that follow a person for a lifetime: loss of civil rights, deportation for non-citizens, loss of professional licenses, and permanent reputational damage. Pre-indictment intervention and aggressive defense strategy are not luxuries — they are necessities. Smith & Company exists to provide both.

Federal Court Is Different From State Court

Federal prosecutors are Assistant United States Attorneys (AUSAs) who handle narrow categories of cases with singular focus. An AUSA in the SDNY's Narcotics Unit has prosecuted dozens of drug trafficking cases. An AUSA in the Complex Frauds and Cybercrime Unit has handled some of the most sophisticated white-collar prosecutions in American history. These are not generalist attorneys — they are specialists backed by the investigative resources of federal law enforcement agencies including the FBI, the DEA, the IRS Criminal Investigation Division, and Homeland Security Investigations. Facing this level of expertise requires defense counsel with equivalent depth of experience in federal court practice. Before a federal charge is filed, a grand jury of 23 citizens convenes in secret to determine whether probable cause exists to indict. Prosecutors present only their evidence — there is no defense, no cross-examination, no judge moderating the presentation. Grand jury targets, subjects, and witnesses have different rights and exposure levels, and navigating this phase correctly is critical. A "target" is someone the grand jury is investigating with a view toward indictment. A "subject" is someone whose conduct falls within the scope of the investigation. A "witness" simply has relevant information — but that status can change quickly. Understanding where your client stands in a grand jury investigation, and acting swiftly to protect their rights, is work that must begin immediately. Mandatory minimum sentences under federal statutes fundamentally change the nature of criminal defense. Unlike state court, where a judge often has wide discretion to tailor a sentence to the individual, federal mandatory minimums strip that discretion away. A conviction for certain drug trafficking offenses triggers a mandatory minimum of 5, 10, or even 20 years in federal prison — regardless of the defendant's background, family circumstances, or the judge's personal view of what is fair. The existence of these mandatory minimums changes the strategic calculus of every federal case — from the decision of whether to fight at trial versus negotiate a plea, to whether to seek "safety valve" relief or cooperation credit. Every decision must be made with full knowledge of the mandatory minimum exposure. The United States Sentencing Guidelines (U.S.S.G.) govern federal sentencing even when mandatory minimums do not apply. The Guidelines calculate a recommended sentencing range based on two variables: the offense level (determined by the nature of the crime and specific offense characteristics, such as drug quantity, loss amount, or use of a weapon) and the criminal history category (I through VI, determined by prior convictions). While the Supreme Court's Booker decision made the Guidelines advisory rather than mandatory, they remain enormously influential — judges must calculate the range, explain any departure from it, and a sentence within the range is presumptively reasonable on appeal. Fighting to reduce the offense level through objections to the Presentence Report, pursuing downward departures, and arguing for a below-guidelines variance under 18 U.S.C. § 3553(a) are all critical components of federal defense strategy.

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Cancellation of Removal

SERVING NEW YORK, NEW JERSEY CONNECTICUT AND MASSACHUSSETTS

REMOVAL DEFENSE SERVICES WE PROVIDE

Cancellation of Removal. Cancellation of Removal is one of the strongest defenses against deportation. We handle:

Non-LPR Cancellation (10-year rule plus exceptional hardship)
LPR Cancellation (green card holders with criminal issues)

We build powerful hardship arguments using:

Medical evidence
Psychological evaluations
Financial records
School reports
Community support letters
Expert testimony

Waiver: INA Section 212(h) (Criminal Grounds). If you are found inadmissible because of a criminal record (e.g., crimes involving moral turpitude), you may apply for a 212(h) waiver using Form I-601.

Requirements: You generally must show that your exclusion would result in "extreme hardship" to a U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.
Exceptions: This waiver cannot be used to excuse most drug-related offenses (except for a single incident of simple possession of 30 grams or less of marijuana).

INA Section 212(i) (Fraud or Misrepresentation). If you are inadmissible for committing fraud or willfully misrepresenting a material fact to obtain a U.S. visa or admission, you may be eligible for a 212(i) waiver (also filed using Form I-601)

Asylum Withholding of Removal and CAT Protection. If you fear returning to your home country we fight for protection based on:

Political persecution
Religious persecution
Domestic violence
Gang violence
LGBTQ+ persecution
Torture or inhumane treatment

We prepare:

Country condition reports
Expert affidavits
Psychological evaluations
Personal declarations
Evidence packages

Bond Hearings and ICE Detention Representation. If your loved one is detained time is critical. We fight for:

Release on bond
Reasonable bond amounts
Parole requests
ICE check-in advocacy

We represent detainees in New York Connecticut Massachusetts and New Jersey detention centers.

Motions to Terminate or Suppress. We challenge the government’s case when:

Evidence was illegally obtained
ICE violated your rights
The NTA is defective
The government cannot prove removability

These motions can result in your case being dismissed entirely.

Prosecutorial Discretion Requests. We request prosecutorial discretion when appropriate including:

Administrative closure
Dismissal
Deferred action
Stay of removal

We highlight your family ties community contributions employment history lack of criminal record humanitarian factors and more.

Post-Conviction Relief Criminal-Immigration Cases. If a criminal conviction is causing immigration consequences we coordinate with criminal attorneys to pursue:

Vacaturs
Sentence modifications
Plea adjustments

This can save your immigration case.

Why Immigrants Across NY NJ CT and MA Choose Us for Removal Defense

Aggressive Courtroom Advocacy. We do not take a passive approach. We challenge evidence cross-examine witnesses and present strong legal arguments.

Deep Knowledge of Tri-State Immigration Courts. We understand judge tendencies local ICE attorneys court scheduling patterns regional case backlogs and filing procedures.

Evidence-Driven Case Building. We prepare cases with organized exhibits legal briefs expert reports country condition evidence medical and psychological documentation.

Clear Communication and Support. We explain every step of the process so you never feel lost or overwhelmed.

Common Reasons People Are Placed in Removal Proceedings

Visa overstay
Entry without inspection
Criminal charges
Fraud or misrepresentation
Marriage issues
Denied asylum
Expired green card
Old deportation orders
ICE arrests
Border encounters

No matter the reason we fight for the best possible outcome.

Frequently Asked Questions About Removal Defense

What should I do if I received a Notice to Appear (NTA). Contact an attorney immediately. Do not ignore it.

Can I be deported if I have a green card. Yes especially for certain criminal convictions. We defend LPRs aggressively.

What if my case was denied. We handle BIA appeals motions to reopen motions to reconsider and federal appeals.

Serving Immigrants Across New York New Jersey Connecticut and Massachusetts. We represent clients in:

New York: NYC Bronx Brooklyn Queens Staten Island Long Island Albany Buffalo Syracuse

Connecticut: Hartford New Haven Bridgeport Stamford Waterbury Danbury

Massachusetts: Boston Worcester Springfield Lowell Cambridge

Fight Your Deportation Case Today. Your future is worth defending. Your family is worth protecting. Your life in the United States matters.

We are ready to stand with you. Give us a call 860-393-0043 or 718-874-5999. Serving NY NJ CT MA.

FEDERAL COURTS WHERE WE PRACTICE

SOUTHERN DISTRICT OF NEW YORK (SDNY)

The Southern District of New York, headquartered at 500 Pearl Street in lower Manhattan, is one of the most active and prominent federal courts in the world. The SDNY has prosecuted some of the most significant criminal cases in American legal history — organized crime takedowns, major terrorism prosecutions, landmark securities fraud cases, and sprawling narcotics conspiracies. The prosecutors in the SDNY are among the most experienced in the country, and the federal judges are sophisticated, demanding, and unforgiving of unprepared counsel. Smith & Company is admitted to practice before the SDNY and has the experience to navigate this demanding environment on behalf of our clients.

EASTERN DISTRICT OF NEW YORK (EDNY)

The Eastern District of New York, located in Brooklyn, covers Brooklyn, Queens, Long Island, and Staten Island. The EDNY is known for its significant gang, narcotics, and organized crime prosecutions, including major RICO cases targeting transnational criminal organizations. Like the SDNY, the EDNY operates with federal-level resources and experienced AUSAs who handle large, complex cases. Smith & Company is admitted in the EDNY and regularly represents clients in this court across all categories of federal criminal defense.

DISTRICT OF CONNECTICUT (D. CONN.)

The District of Connecticut, with courthouses in Hartford and New Haven, covers all federal criminal matters originating in Connecticut. Federal prosecution in Connecticut encompasses drug trafficking, firearms offenses, financial fraud, public corruption, and organized crime. Smith & Company's Hartford base gives us deep familiarity with the District of Connecticut's courts, prosecutors, and procedures. We are admitted to practice in D. Conn. and regularly represent clients at every stage — from grand jury investigation through sentencing and appeal in the Second Circuit.

FEDERAL CHARGES WE DEFEND

FEDERAL DRUG TRAFFICKING AND DISTRIBUTION (21 U.S.C. §§ 841, 846)

Federal drug charges carry some of the most severe mandatory minimum sentences in American law. Depending on the drug type and quantity, a conviction under 21 U.S.C. § 841 can trigger a mandatory minimum of 5, 10, or 20 years in federal prison — and a conspiracy charge under § 846 does not require proof that our client ever touched the drugs. From challenging the sufficiency of the evidence, to suppressing unlawful searches, to contesting drug quantity calculations, Smith & Company deploys every available defense strategy in these high-stakes cases.

WIRE FRAUD, MAIL FRAUD, AND BANK FRAUD (18 U.S.C. §§ 1341, 1343, 1344)

Federal fraud statutes are exceptionally broad. Every email, phone call, or text message used in furtherance of an alleged scheme can be charged as a separate count of wire fraud — each carrying up to 20 years in federal prison. Bank fraud carries up to 30 years per count. Federal fraud prosecutions are common in the SDNY, where dedicated task forces focus on securities fraud, healthcare fraud, and complex financial crimes. We represent clients at every stage — from the moment a subpoena arrives through trial and sentencing.

MONEY LAUNDERING (18 U.S.C. § 1956)

Federal money laundering charges carry up to 20 years per count and are routinely stacked on top of the underlying predicate offense — dramatically increasing total sentencing exposure. Money laundering prosecutions often accompany drug trafficking, fraud, or RICO charges, and they bring the additional threat of asset forfeiture: the government can seize bank accounts, real estate, vehicles, and business interests alleged to be connected to the laundering activity. We attack money laundering charges at the element level — challenging the government's proof of knowledge, intent, and the predicate offense itself.

RICO AND ORGANIZED CRIME (18 U.S.C. §§ 1961–1968)

A RICO indictment is one of the most devastating charging instruments in the federal arsenal. Prosecutors use RICO to charge entire organizations — sweeping in leadership, associates, and peripheral participants — and the penalties include up to 20 years per count and mandatory forfeiture of all assets connected to the "enterprise." RICO cases involve massive discovery, cooperating witnesses, wiretap evidence, and complex legal questions about the nature of the alleged enterprise and the pattern of racketeering activity. Smith & Company brings the trial experience and analytical depth that RICO defense demands.

FEDERAL FIREARMS OFFENSES (18 U.S.C. § 922)

Federal gun charges range from felon in possession of a firearm — carrying up to 10 years — to the Armed Career Criminal Act enhancement, which imposes a mandatory 15-year minimum on defendants with three qualifying prior convictions. Using a firearm during a drug crime or crime of violence under 18 U.S.C. § 924(c) adds a mandatory consecutive 5 years for a first offense, and 25 years for a second — on top of every other sentence. These charges require immediate attention, aggressive Fourth Amendment suppression motions, and careful analysis of every prior conviction.

GRAND JURY INVESTIGATIONS AND TARGET LETTERS

Receiving a federal grand jury subpoena — whether for testimony, documents, or both — means that federal prosecutors and investigators are actively looking at you. You may be a target, a subject, or a witness, and your status can change without warning. Do not respond to a grand jury subpoena, and do not speak to federal agents, without a defense attorney by your side. Smith & Company intervenes immediately in grand jury investigations to protect our clients' rights, assess their exposure, and develop a strategy — before an indictment changes everything.

FEDERAL SENTENCING AND APPEALS

The period between a plea or verdict and the sentencing hearing is one of the most consequential — and most underutilized — windows in the entire federal process. A skilled sentencing attorney can challenge Presentence Report calculations, argue for departures under the Sentencing Guidelines, and present powerful mitigation under 18 U.S.C. § 3553(a) to secure a below-guidelines sentence. And when legal errors occur at trial or sentencing, Smith & Company pursues direct appeals and post-conviction relief before the United States Court of Appeals for the Second Circuit and through § 2255 motions in the district court.

THE IMPORTANCE OF EARLY INTERVENTION

The single most important decision you can make in a federal criminal matter is to retain experienced counsel as early as possible — ideally, before you are indicted. During the investigation phase, federal prosecutors are still making charging decisions. They are deciding which statutes to charge, which counts to include, whether to seek a superseding indictment, and how to frame the case. A skilled defense attorney who enters the picture at this stage can make a real difference: presenting mitigating facts to the AUSA, challenging the legal basis for certain charges, identifying Fourth Amendment or due process issues that may undermine the government's case, and potentially negotiating a pre-indictment resolution — a deferred prosecution agreement, a declination, or a limited plea — that avoids the most catastrophic outcomes. Once an indictment is publicly filed, the government's position hardens and the options narrow.

If you have already been indicted, the arraignment and initial detention hearing are your first critical court appearances. The bail decision made at the detention hearing — whether you are released to fight your case from home or held in federal custody for the duration — affects everything: your ability to assist in your own defense, your relationship with your family, and your psychological readiness for trial. Smith & Company prepares aggressively for detention hearings, presenting evidence of community ties, stable residence, employment, and other factors that support release on conditions. In many cases, securing your release at the outset is the most important fight we win early in the case.

From investigation through sentencing, Smith & Company approaches federal cases with a comprehensive strategy. We begin by understanding the full scope of the government's investigation — what they know, how they know it, and where their case is weakest. We analyze every document, every wiretap, every cooperating witness agreement, and every piece of evidence the government will seek to use. We file every motion that has a legal basis and a strategic purpose. We prepare every client for every proceeding. And if the case goes to trial, we are ready to stand in front of a federal jury and fight — with the same conviction and the same commitment we bring to every stage of the process.

WHY SMITH & COMPANY FOR FEDERAL CRIMINAL DEFENSE

Attorney Eon Smith is admitted to practice before the U.S. District Court for the Southern District of New York, the U.S. District Court for the Eastern District of New York, the U.S. District Court for the District of Connecticut, and the U.S. Court of Appeals for the Second Circuit. These are not honorary admissions — they reflect active, regular practice in the federal courts where our clients' cases are decided. We know the local rules, the individual judges, the AUSA offices, and the culture of each district. That local knowledge is not incidental to a good federal defense — it is essential to it.

Smith & Company has represented clients at every stage of the federal criminal process: from receiving a target letter before any charges are filed, through grand jury investigation, arraignment, motion practice, plea negotiations, trial, sentencing, and appeal to the Second Circuit. This breadth of experience means that we approach each stage of a case with an understanding of how it connects to every other stage — how a bail application affects trial strategy, how a suppression motion affects sentencing leverage, how a sentencing argument builds the record for appeal. Federal criminal defense is not a series of isolated events. It is an integrated campaign, and Smith & Company manages it as one.

What sets Smith & Company apart in federal practice is not just experience — it is commitment. When you retain Attorney Smith for a federal case, you are his priority. You will have direct access to your attorney at every stage. You will understand every decision and every option before a single one is made on your behalf. And you will have an advocate who approaches your case with the same intensity and preparation that the government brings to prosecuting it. In federal court, the stakes are too high for anything less.

FEDERAL FRAUD DEFENSE ATTORNEY | WIRE FRAUD, MAIL FRAUD & SECURITIES FRAUD | NY & CT

Federal fraud charges are prosecuted by some of the most experienced white-collar prosecutors in the country — particularly in the Southern District of New York, which has a dedicated Securities and Commodities Fraud Task Force and has handled some of the largest financial fraud prosecutions in American history. These are not run-of-the-mill criminal cases. Federal fraud investigations can span years, involve millions of pages of documents, employ forensic accountants, FBI financial analysts, and SEC investigators, and result in multi-count indictments that expose defendants to decades in federal prison. If you are under investigation for any form of federal fraud, or if you have already been charged, you need experienced federal defense counsel immediately — before the government's case against you becomes any stronger.

FEDERAL FRAUD CHARGES WE DEFEND

WIRE FRAUD (18 U.S.C. § 1343)

Wire fraud is one of the most broadly applied federal criminal statutes. Any use of electronic communications — a phone call, an email, a text message, a wire transfer, an online transaction — in furtherance of a fraudulent scheme can be charged as a separate count of wire fraud, each carrying up to 20 years in federal prison. Prosecutors stack wire fraud counts aggressively, which means a single scheme involving routine email correspondence can generate dozens of counts and an aggregate sentencing exposure of centuries. The breadth of the statute makes the government's charging decision as important to challenge as the underlying allegations.

MAIL FRAUD (18 U.S.C. § 1341)

Mail fraud carries the same penalties as wire fraud — up to 20 years per count — and is equally broad in its application. Any use of the United States Postal Service or any private or commercial interstate carrier (FedEx, UPS, DHL) in furtherance of a scheme to defraud constitutes mail fraud. Courts have interpreted "use of the mail" expansively — even mailing a document that was only incidentally connected to the alleged fraud can be sufficient. Smith & Company challenges both the "use of mail" element and the "scheme to defraud" element in every mail fraud defense we mount.

BANK FRAUD (18 U.S.C. § 1344)

Federal bank fraud — which carries up to 30 years per count — encompasses a wide range of conduct involving federally insured financial institutions: mortgage fraud, loan application fraud, check fraud, credit card fraud, and account fraud. Bank fraud is often charged alongside wire fraud and money laundering, creating a multi-charge indictment with staggering sentencing exposure. Because many of these cases involve legitimate business transactions that prosecutors are characterizing as fraudulent, the "intent to defraud" element is typically the central battleground in bank fraud defense.

SECURITIES FRAUD (15 U.S.C. § 78J(B) / RULE 10B-5)

Securities fraud includes insider trading, market manipulation, Ponzi schemes, and any deceptive device or scheme in connection with the purchase or sale of a security. The SDNY's Securities and Commodities Fraud Task Force — in coordination with the SEC's Enforcement Division — brings some of the most complex and high-profile securities fraud prosecutions in the country. These cases involve sophisticated financial analysis, expert testimony, and legal questions about the definition of "material nonpublic information," fiduciary duties, and the scienter standard. Smith & Company defends these cases with the depth of preparation they demand.

HEALTHCARE FRAUD (18 U.S.C. § 1347)

Healthcare fraud is a federal enforcement priority, with the Department of Justice and the Department of Health and Human Services Office of Inspector General dedicating substantial resources to detecting and prosecuting billing fraud, upcoding, unbundling, and kickback arrangements that violate the Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)). A conviction for healthcare fraud carries up to 10 years per count — or up to life imprisonment if the fraud resulted in serious bodily injury or death. Healthcare fraud investigations frequently begin with qui tam lawsuits filed by former employees or business partners, giving the government a significant head start before the defendant even learns they are under investigation.

COVID-19 RELIEF FRAUD (PPP AND EIDL)

Federal prosecutors have made COVID-19 relief fraud — including fraudulent Paycheck Protection Program (PPP) loan applications and Economic Injury Disaster Loan (EIDL) fraud — an enforcement priority that extends through 2026 and beyond. The government preserved vast records from the pandemic relief programs, and prosecutions of individuals who submitted false applications, inflated employee counts or payroll figures, or misused loan proceeds continue to move through federal courts at a significant pace. These cases often hinge on documentation and intent — what did the defendant know, what did they certify, and what did they do with the money. Smith & Company defends these charges with a complete understanding of the SBA regulations, the certification requirements, and the permissible uses of PPP and EIDL funds.

TAX FRAUD AND TAX EVASION (26 U.S.C. § 7201)

Federal tax fraud and tax evasion charges are brought by the Department of Justice Tax Division in coordination with IRS Criminal Investigation — one of the most meticulous investigative units in federal law enforcement. Tax evasion under 26 U.S.C. § 7201 carries up to 5 years per count. Making false statements on a tax return (§ 7206) carries up to 3 years. Tax fraud cases typically involve painstaking financial reconstruction by IRS agents and forensic accountants, making the quality of the defense's own financial analysis critically important. We defend tax fraud charges with rigorous attention to the government's financial methodology and aggressive challenge of its conclusions.

WHAT THE GOVERNMENT MUST PROVE

In every federal fraud case — wire, mail, bank, or securities — the government must prove a scheme to defraud. This means a plan, program, or course of conduct designed to deprive someone of money, property, or — under the honest services doctrine — their right to the defendant's honest and faithful services. The scheme to defraud is the anchor of the government's case, and it is also the most contestable element: what looked fraudulent in hindsight may have been a legitimate business decision made in real time under uncertainty, without deceptive intent. We challenge the characterization of our client's conduct as a "scheme" at every opportunity — in pretrial motions, at trial, and before the jury.

In wire and mail fraud cases, the government must also prove that the defendant used interstate wire communications or the mail in furtherance of the scheme. This element is often easy for the government to satisfy, but it is not automatic — in some cases, the connection between the allegedly fraudulent scheme and the specific wire communication or mailing charged in the indictment is tenuous enough to challenge. Smith & Company scrutinizes every count of every fraud indictment for weaknesses in the nexus between the scheme and the charged communication.

The most contested element in virtually every federal fraud case is specific fraudulent intent — the government must prove beyond a reasonable doubt that the defendant acted with the purpose of defrauding, knowing that their conduct was wrong. This is not a strict liability crime. A defendant who genuinely believed their conduct was lawful, who relied on advice of counsel or professional accountants, or who made honest mistakes in complex financial transactions does not have the requisite intent to defraud. Intent is almost always the central battle in a fraud case — and it is where the most powerful defenses are built.

OUR DEFENSE STRATEGIES

LACK OF FRAUDULENT INTENT

Many complex business transactions, financial arrangements, and commercial decisions look fraudulent in hindsight — particularly when a government forensic accountant presents them out of context to a federal grand jury. The question is not what the transaction looks like after the fact; the question is what the defendant actually believed at the time they acted. Smith & Company reconstructs the context, the information available to our client at the time, the commercial norms of the industry, and the defendant's state of mind — building a defense that presents the jury with the complete, accurate picture of what our client believed and why.

GOOD FAITH RELIANCE ON COUNSEL OR ACCOUNTANTS

A defendant who sought and received legal or professional advice before taking the action the government characterizes as fraudulent — and who relied in good faith on that advice — cannot be convicted of intentional fraud. This is a powerful defense when the facts support it, but it must be properly developed: documenting the advice sought, the information provided to the advisor, and the basis for the defendant's reliance. Smith & Company investigates the good faith defense thoroughly and presents it in its strongest possible form.

INSUFFICIENT EVIDENCE

Federal fraud prosecutions are document-intensive — they depend on voluminous records, forensic financial analyses, and the testimony of cooperating witnesses and expert witnesses. Every one of these evidentiary pillars can be challenged. We subpoena and analyze the government's documentary evidence independently. We retain our own forensic accountants and financial experts to challenge the government's methodology and conclusions. We cross-examine cooperating witnesses on their credibility, their motive to lie, and the benefits they received for their testimony. Winning a fraud case often means methodically dismantling the government's proof, piece by piece, until reasonable doubt is undeniable.

STATUTE OF LIMITATIONS

Federal wire fraud, mail fraud, and bank fraud charges are subject to a 5-year statute of limitations — extended to 10 years for cases involving financial institutions. Securities fraud carries a 5-year limitations period from the last act in furtherance of the scheme or two years from discovery, whichever is earlier. In cases involving conduct that spans multiple years, the government's choice of which specific acts to charge becomes a critical legal question. Smith & Company analyzes every charged count against the applicable limitations period and challenges, by motion, any count that falls outside the window.

PRE-INDICTMENT NEGOTIATION

In federal fraud cases — perhaps more than any other category of federal offense — the period before indictment is rich with opportunity. Federal fraud investigations are typically long and methodical; the government builds its case deliberately, and there is often a window during which a skilled defense attorney can engage with the AUSA, present mitigating facts, challenge the legal theory underlying the investigation, or negotiate a resolution — a pre-indictment plea, a deferred prosecution agreement, or a declination — that avoids the catastrophic consequences of a public multi-count federal indictment. Smith & Company pursues pre-indictment resolution in every case where it is strategically appropriate and in our client's best interest.

Federal fraud investigations move quietly — until they don't. If you suspect you are under investigation, do not wait for an indictment. Call Smith & Company now.