Federal Criminal Defense Case Results
Attorney Robert Aiello
USA v. Micropower, et al (SDNY)
Our client was the owner and Executive Vice President of a 6 campus, multi-state not for profit school offering computer courses and English as a second language to foreign and domestic students. The Government alleged that our client willing allowed students to overstay their student visas in order for the schools to earn more money in violation of the Department of Homeland Security’s Rules and Regulations and unlawfully collected Pell Grant funds from students who were not attending classes as required in order to qualify for government funds. Our client was charged with Immigration Fraud, Wire Fraud, Theft of Government Funds and Money Laundering. The Government sought forfeiture of over 20 million dollars and the Federal guideline range was 10-12 years. As part of a global settlement with all of the defendants, our client and the other defendants agreed to forfeit 7 million dollars. We successfully argued to the Court for a downward departure from the Federal sentencing guidelines and our motion was granted. As a result our client was sentenced to 6 months of house arrest and 2 years of supervised release.
USA v. B.R. Ambulance (EDNY)
Our client was the largest ambulance company in New York and transported kidney dialysis patients to and from treatment facilities throughout the five counties via ambulettes and/or ambulances. The Government alleged with the cooperation of key insider employees that our client knowingly transported patients by ambulance instead of ambulettes in order to seek higher Medicare and Medicaid reimbursements. The Government alleged this scam exceeded 16 million dollars. The Federal sentencing guideline range was 6-8 years. We successfully convinced the Court to depart downward from the guideline range over the Government’s objection. The court sentenced our client to 6 months of house arrest, 5 years of probation and $64,000 in restitution.
USA v. J.M. (SDNY)
Our client was charged in one of the largest Commodities Fraud cases in New York City. The Government alleged he paid bribes to overseas bankers in order to promote his business. He was charged with Commodities Fraud, Money Laundering and other related charges. Our plea agreement called for a guideline range of 4-5 years in jail but we successfully argued for a downward departure based on family circumstances and medical issues. The Court agreed and sentenced our client to 5 years’ Probation.
USA v. LOCAL 148 (NJDC)
Our client was the former President of the Local Production Workers Union in Newark, New Jersey. The Government charged him with accepting kickbacks from a contractor who performed work for the union. Our client was charged with Wire Fraud, Money Laundering, Embezzlement and other related charges. After a two week trial our client was convicted of lesser charges and served less time in federal prison than he was offered as part of a plea deal.