NYC Federal Criminal Defense Lawyer

Facing federal charges in New York City puts you against the most powerful prosecutor in the country, the United States government, with conviction rates that exceed 90 percent. A federal case is not a bigger version of a state case. It is a different system, with different rules, different courtrooms, and consequences that can include decades in a federal prison with no parole. If federal agents have contacted you, served a subpoena, sent a target letter, or executed a search or arrest warrant, the single most important decision you make is which federal criminal defense lawyer stands next to you.

Varghese & Associates, P.C. is a federal criminal defense firm on Wall Street, in the heart of the Southern District of New York. The firm is led by Vinoo Varghese, a former prosecutor and one of the most recognized criminal defense attorneys in the country. We handle federal matters in house, from the first knock at the door through investigation, indictment, trial, sentencing, and appeal. Matters are not routed out to other firms.

Call (212) 430-6469 now for a confidential consultation with a New York City federal criminal defense lawyer. The earlier we are involved, the more we can do.

A Federal Defense Lawyer the National Media Turns To

When the biggest federal cases in the country are in the news, networks and newspapers call Vinoo Varghese to explain what is really happening in the courtroom. That is the same judgment and credibility we bring to your case.

Vinoo Varghese has provided legal analysis and commentary for CBS News, Fox News, Fox Business, CNN, MSNBC, Court TV, HLN, BBC, Inside Edition, i24 News, Sky News Arabia, and Nancy Grace's Crime Stories, and has hosted true-crime legal analysis for Vanity Fair. He has been quoted as a legal authority by The New York Times, The Wall Street Journal, the New York Law Journal, Law360, the New York Daily News, and the New York Post. He has broken down some of the most closely watched federal and criminal matters of the last decade for national audiences, including the Derek Chauvin trial, the El Chapo trial, the Harvey Weinstein trial, the Jeffrey Epstein case, the Michael Cohen matter, and the federal college-admissions prosecution.

That national platform is built on real courtroom credentials:

• Former prosecutor. Before founding the firm, Vinoo Varghese served as a prosecutor in the Brooklyn District Attorney's Office, working trials, investigations, and appeals, and leading the office's program prosecuting assaults on police officers. He knows how the government builds a case because he used to build them.
• Nationally ranked. Named to the National Trial Lawyers Top 100 for nine consecutive years, selected as a New York Metro Super Lawyer for eight years, and rated AV Preeminent by Martindale-Hubbell, its highest rating for legal ability and ethics, for six years.
• Teaches other lawyers to try cases. He has served on the visiting faculty of Harvard Law School's Trial Advocacy Workshop and taught trial advocacy at Cardozo, Brooklyn Law School, and Hofstra.
• A courtroom lawyer, not a referral service. He has personally tried and argued federal and state matters, including insider-trading, tax-fraud, and public-corruption cases, and has won mistrials, appeals, and acquittals through aggressive cross-examination and motion practice.

Charged With a Federal Crime? We Are Ready to Fight Back

The government has unlimited resources, career prosecutors, and federal agents from the FBI, DEA, IRS, HSI, and OIG working to convict you. You deserve an aggressive, experienced federal defense attorney who has stood on the other side of that table. We do not treat federal charges as paperwork to process toward a quick plea. We investigate, we challenge the government's evidence, and we prepare every case as if it is going to trial, because that is what forces the best outcomes, whether the case ends in a dismissal, a favorable plea, or a verdict.

What Is the Difference Between a Federal Crime and a State Crime in New York?

A crime is federal when it violates United States federal law, crosses state lines, involves a federal agency or federal program, or takes place on federal property. State crimes are prosecuted by the Manhattan, Brooklyn, Bronx, Queens, or Staten Island District Attorney in New York State court. Federal crimes are prosecuted by an Assistant United States Attorney in federal court. For New York City, that is usually the U.S. District Court for the Southern District of New York or the Eastern District of New York.

The difference is not academic. Federal cases are investigated for months or years before charges are filed, they carry federal sentencing guidelines and mandatory minimum sentences, and there is no parole in the federal system. A conviction in federal court often means serving at least 85 percent of the sentence imposed. Federal juries are drawn from a wider geographic pool, federal judges have life tenure, and federal prosecutors decline to bring cases they are not confident they can win, which is why their conviction rate is so high and why the defense strategy has to be built for that reality from day one.

What Happens After a Federal Arrest in New York City?

After a federal arrest, you are brought before a United States magistrate judge, generally within 24 to 48 hours, for an initial appearance. At that first appearance the court advises you of the charges, addresses your right to counsel, and holds a detention or bail hearing to decide whether you are released on conditions or held pending trial under the Bail Reform Act. From there, a case typically moves through grand jury indictment, arraignment, discovery, pretrial motions, and, if it is not dismissed or resolved, trial and sentencing.

The detention hearing is one of the most important early moments in a federal case, and it is one the firm handles directly. Whether you go home to help build your defense or sit in a federal facility while the case is pending can turn on how effectively your lawyer presents your ties to the community, your history, and a workable release plan in those first 48 hours.

What Is a Federal Indictment?

A federal indictment is a formal written accusation issued by a federal grand jury charging you with one or more federal crimes. Under the Fifth Amendment, the government cannot bring you to trial on a serious federal felony unless a grand jury of citizens has found probable cause to believe you committed the offense. The grand jury hears evidence presented by the federal prosecutor, usually without any defense lawyer present and without the accused testifying, and votes on whether to return an indictment, also called a "true bill."

Being indicted does not mean you are guilty, and it does not mean the case is hopeless. It means the government has decided to charge you and believes it can prove the case. In many matters, the most valuable work happens before an indictment is ever returned. If we are retained during the investigation stage, we may be able to persuade the prosecutor not to charge at all, to charge less serious offenses, or to resolve the matter through a declination or a non-prosecution or deferred-prosecution agreement. Once an indictment is filed, our focus shifts to attacking its legal and factual foundation, moving to dismiss defective counts, suppressing unlawfully obtained evidence, and holding the government to its burden of proof beyond a reasonable doubt.

What Is a Federal Grand Jury?

A federal grand jury is a group of 16 to 23 citizens that decides whether there is probable cause to formally charge someone with a federal crime. It is an investigative body. It can subpoena documents, compel witness testimony, and hear evidence over a long period. If you or your company has received a grand jury subpoena, whether as a target, a subject, or a witness, how you respond can shape the entire case, and you should not respond without counsel.

Who Is a Federal Prosecutor, and What Are You Up Against?

A federal prosecutor is an Assistant United States Attorney (AUSA), a Department of Justice lawyer who investigates and prosecutes federal crimes on behalf of the United States government. In New York City, federal prosecutors work out of the U.S. Attorney's Office for the Southern District of New York or the Eastern District of New York, two of the most aggressive and well-resourced prosecutor's offices in the nation. They work hand in hand with federal agents, they have grand jury and subpoena power, and they typically spend months or years building a case before you ever see a charge.

Because the government only brings cases it expects to win, walking into a federal courtroom without a lawyer who understands how AUSAs think is a serious mistake. Vinoo Varghese spent years as a prosecutor. We use that inside understanding of charging decisions, plea leverage, and trial strategy to anticipate the government's moves and get ahead of them.

How Do Federal Sentencing Guidelines Work in New York?

Federal sentences are calculated using the United States Sentencing Guidelines, a point-based system that assigns an offense level and a criminal-history category and produces a recommended sentencing range that the judge must consult. The guidelines are advisory rather than mandatory, but they anchor the sentence, and many federal offenses also carry statutory mandatory minimums that a judge cannot go below except in narrow circumstances.

Sentencing is not the end of the fight. It is a stage where an experienced federal defense lawyer adds enormous value. Enhancements and reductions for role in the offense, loss amount, acceptance of responsibility, and cooperation can swing the range by years. We prepare detailed sentencing memoranda, build mitigation packages that show the court who our client really is, argue for downward departures and variances under the sentencing factors, and challenge restitution and forfeiture demands. The difference between an unprepared and a well-prepared sentencing presentation is often measured in years of a person's life.

What Are Your Rights During a Federal Investigation in New York?

Federal investigations often begin long before any charge, and what you do in the early stages can decide the case. You have powerful constitutional protections, but only if you use them.

• The Fifth Amendment gives you the right to remain silent. You are not required to talk to federal agents, and you should not. Staying silent is not an admission of guilt. It is a constitutional right. Agents are trained interviewers, and "just answering a few questions" without a lawyer is how good people make their situation far worse.
• The Fourth Amendment protects you against unreasonable searches and seizures. If agents arrive with a search warrant, you do not have to consent to anything beyond the warrant, and how the search was conducted may later become the basis for a suppression motion.
• The Sixth Amendment guarantees your right to counsel. You can, and should, tell agents you will not answer questions without your lawyer present, and then call one.

If federal agents appear at your home or office with a warrant, stay calm, do not obstruct them, do not answer questions, and call us immediately.

What Should You Do If You Receive a Federal Target Letter in New York?

A federal target letter is a written notice from a United States Attorney's Office telling you that you are a target of a federal grand jury investigation and are likely to be charged. It is a serious warning, and also an opportunity, because it usually means you have been contacted before an indictment is final.

Do not respond to a target letter on your own. Do not call the prosecutor's office. Do not destroy or alter anything. Anything you say or do can be used against you, and contacting a witness or deleting files can turn a defensible case into an obstruction charge. Instead, call a federal criminal defense lawyer immediately. A well-timed response, sometimes a proffer, sometimes a written submission, sometimes simply asserting your rights and forcing the government to prove its case, can change whether you are charged at all.

What Is the Difference Between the Southern District and Eastern District of New York?

The Southern District of New York (SDNY) covers Manhattan and the Bronx, along with several counties north of the city, while the Eastern District of New York (EDNY) covers Brooklyn, Queens, and Staten Island, along with Long Island. Which district your case lands in depends on where the alleged conduct occurred, and it matters. The two offices have distinct cultures, charging tendencies, and preferred practices, and the judges in each district have their own approaches. A federal defense lawyer who practices regularly in both, as we do, brings knowledge of the local prosecutors, the local courts, and how cases actually move in each district.

Federal Charges We Defend, and the Statutes Behind Them

Varghese & Associates represents individuals, executives, professionals, and companies across the full range of the federal criminal docket, with particular depth in white collar and federal fraud matters. Federal charges are defined by specific statutes in the United States Code, and prosecutors almost always stack a conspiracy count on top of the underlying offense. The sections below explain the most common categories we defend and the federal statutes typically charged in each. This is a general guide, not legal advice about your case. The exact charges depend on the facts.

Federal Conspiracy Charges

Whenever possible, and especially whenever there is more than one defendant, federal prosecutors try to bring charges as a conspiracy. Doing so makes it easier for the government to tie together individuals who may not know each other and may never have spoken, because the essence of a conspiracy charge is an agreement to commit a federal offense, plus, for most conspiracies, an overt act in furtherance of it. A conspiracy count also lets the government use one member's statements against the others and reach conduct that stretches across time and place. Common federal conspiracy charges include:

• General federal conspiracy, the catch-all agreement statute (18 U.S.C. § 371)
• Conspiracy to defraud the United States, including the "Klein conspiracy" used in tax cases (18 U.S.C. § 371)
• Conspiracy to commit wire, mail, or bank fraud (18 U.S.C. § 1349)
• Conspiracy to commit health care fraud (18 U.S.C. § 1349)
• Conspiracy to commit money laundering (18 U.S.C. § 1956(h))
• Controlled-substance conspiracy, which does not require an overt act (21 U.S.C. § 846)
• RICO conspiracy (18 U.S.C. § 1962(d))

Health Care and Medicare Fraud

Health care fraud is one of the most heavily investigated white collar areas in the country, pursued by the FBI, HHS-OIG, and DOJ strike forces, often using data analytics to flag billing patterns. Doctors, pharmacists, clinic owners, billing companies, and executives can all become targets. Typical federal charges include:

• Health care fraud (18 U.S.C. § 1347)
• False statements relating to health care matters (18 U.S.C. § 1035)
• Theft or embezzlement in connection with health care (18 U.S.C. § 669)
• Federal Anti-Kickback Statute, for paying or receiving anything of value for referrals (42 U.S.C. § 1320a-7b(b))
• Conspiracy to commit health care fraud (18 U.S.C. § 1349)
• False Claims Act exposure, which can run criminally and civilly at the same time (31 U.S.C. §§ 3729-3733)

Wire Fraud, Mail Fraud, and Bank Fraud

The federal fraud statutes are the government's most flexible tools, because almost any scheme that touches a phone call, an email, the mail, or a bank can be charged as fraud. These counts carry heavy penalties and are frequently paired with conspiracy and money-laundering charges. Common charges include:

• Wire fraud, covering schemes using interstate wires, phone, email, or the internet (18 U.S.C. § 1343)
• Mail fraud, covering schemes using the U.S. mail or private carriers (18 U.S.C. § 1341)
• Bank fraud, for schemes to defraud a financial institution (18 U.S.C. § 1344)
• Conspiracy to commit wire, mail, or bank fraud (18 U.S.C. § 1349)
• Aggravated identity theft, which adds a mandatory consecutive term when identity information is used (18 U.S.C. § 1028A)

Securities Fraud and Insider Trading

Securities cases in the Southern District of New York are prosecuted by some of the most sophisticated AUSAs in the country, frequently alongside a parallel SEC enforcement action. Insider trading, market manipulation, and accounting fraud all fall here. Common charges and provisions include:

• Securities fraud under the Securities Exchange Act, Section 10(b) and Rule 10b-5 (15 U.S.C. §§ 78j(b) and 78ff; 17 C.F.R. § 240.10b-5)
• Securities and commodities fraud (18 U.S.C. § 1348)
• Wire fraud charged alongside the securities counts (18 U.S.C. § 1343)
• Conspiracy (18 U.S.C. § 371)
• Parallel civil enforcement by the SEC or CFTC that can run at the same time as the criminal case

Money Laundering and Structuring

When the government believes money moved through a business or account to hide the proceeds of a crime, it adds money-laundering counts, which carry severe penalties and drive aggressive asset forfeiture. Common charges include:

• Laundering of monetary instruments (18 U.S.C. § 1956)
• Engaging in monetary transactions in criminally derived property (18 U.S.C. § 1957)
• Conspiracy to commit money laundering (18 U.S.C. § 1956(h))
• Structuring transactions to evade currency reporting requirements (31 U.S.C. § 5324)
• Operating an unlicensed money transmitting business (18 U.S.C. § 1960)

Federal Tax Crimes

Criminal tax cases are built by IRS Criminal Investigation and prosecuted by DOJ Tax and the U.S. Attorney's Office. They often begin as civil audits before turning criminal. Common charges include:

• Tax evasion (26 U.S.C. § 7201)
• Willful failure to file a return, supply information, or pay tax (26 U.S.C. § 7203)
• Filing a false return or making false statements under penalty of perjury (26 U.S.C. § 7206(1))
• Aiding or assisting in the preparation of a false return (26 U.S.C. § 7206(2))
• Conspiracy to defraud the United States, the Klein conspiracy (18 U.S.C. § 371)
• Employment tax fraud and failure to pay over withheld taxes (26 U.S.C. § 7202)

Public Corruption and Bribery

Public corruption cases are a priority for the SDNY and EDNY and can target elected officials, government employees, and the private parties who deal with them. Common charges include:

• Bribery of public officials and witnesses (18 U.S.C. § 201)
• Federal-program bribery, involving organizations that receive federal funds (18 U.S.C. § 666)
• Honest-services wire or mail fraud (18 U.S.C. §§ 1343, 1341, and 1346)
• Hobbs Act extortion under color of official right (18 U.S.C. § 1951)
• Foreign Corrupt Practices Act violations for bribery of foreign officials (15 U.S.C. §§ 78dd-1 and following)

RICO and Enterprise Corruption

The Racketeer Influenced and Corrupt Organizations Act lets the government charge a pattern of criminal activity conducted through an "enterprise," sweeping many acts and many people into a single case. Common charges include:

• Substantive RICO, conducting an enterprise's affairs through a pattern of racketeering (18 U.S.C. § 1962(c))
• RICO conspiracy (18 U.S.C. § 1962(d))
• Predicate racketeering acts as defined by statute (18 U.S.C. § 1961)
• Violent Crimes in Aid of Racketeering, known as VICAR (18 U.S.C. § 1959)

Federal Drug Charges

Federal narcotics cases, prosecuted under the Controlled Substances Act, carry some of the harshest mandatory minimum sentences in the entire federal system, driven by drug type and quantity. Common charges include:

• Possession with intent to distribute, and distribution, of a controlled substance (21 U.S.C. § 841)
• Drug conspiracy (21 U.S.C. § 846)
• Importation of a controlled substance (21 U.S.C. § 952)
• Continuing criminal enterprise, the "drug kingpin" statute (21 U.S.C. § 848)
• Using or carrying a firearm during a drug trafficking crime, which adds mandatory consecutive time (18 U.S.C. § 924(c))

Federal Firearms Offenses

Federal gun charges frequently attach to other cases and carry mandatory penalties that stack on top of the underlying offense. Common charges include:

• Felon in possession of a firearm or ammunition (18 U.S.C. § 922(g))
• Using, carrying, or possessing a firearm in furtherance of a drug trafficking or violent crime (18 U.S.C. § 924(c))
• Unlawful dealing in or transfer of firearms (18 U.S.C. § 922)
• Possession of an unregistered firearm under the National Firearms Act (26 U.S.C. § 5861)

Obstruction, Perjury, and False Statements

Some of the most dangerous charges in a federal investigation are not about the underlying conduct at all. They are about what a person said or did once the government got involved. These "process" crimes can be charged even when the original case is weak. Common charges include:

• Making false statements to a federal agent or agency (18 U.S.C. § 1001)
• Obstruction of justice (18 U.S.C. § 1503)
• Tampering with a witness, victim, or informant (18 U.S.C. § 1512)
• Destruction, alteration, or falsification of records in a federal investigation (18 U.S.C. § 1519)
• Perjury and false declarations before a grand jury or court (18 U.S.C. §§ 1621 and 1623)

Cybercrime and Identity Theft

Federal computer and identity crimes are investigated by the FBI and Secret Service and often overlap with fraud charges. Common charges include:

• Computer fraud and abuse, including unauthorized access (18 U.S.C. § 1030)
• Aggravated identity theft, adding a mandatory consecutive term (18 U.S.C. § 1028A)
• Identity theft and fraud in connection with identification documents (18 U.S.C. § 1028)
• Access device fraud, covering stolen card and account numbers (18 U.S.C. § 1029)
• Wire fraud charged alongside the computer counts (18 U.S.C. § 1343)

How Our Federal Criminal Defense Lawyers Can Help You

We defend federal cases at every stage, and we look for the earliest possible point at which the case can be won or shrunk:

• Pre-indictment defense. Responding to target letters and subpoenas, handling proffers and reverse proffers, and negotiating with the U.S. Attorney's Office to seek a declination, a non-prosecution or deferred-prosecution agreement, or reduced charges before an indictment is ever filed.
• Investigation and evidence challenges. Independently investigating the facts, testing the government's evidence, and filing suppression motions under the Fourth, Fifth, and Sixth Amendments to keep unlawfully obtained evidence out.
• Motion practice. Moving to dismiss defective charges, moving in limine to limit the government's proof, and litigating severance and venue where appropriate.
• Plea and cooperation strategy. Negotiating favorable resolutions when they serve the client, and advising honestly on the risks and benefits of cooperation agreements.
• Trial. Trying cases before federal judges and juries in the Southern District, the Eastern District, and other districts as engaged, which is exactly why the firm prepares every case for trial from the start.
• Sentencing and mitigation. Building sentencing memoranda and mitigation packages, arguing for downward departures and variances, and defending against restitution and forfeiture.
• Appeals and post-conviction relief. Direct appeals to the federal circuit courts, motions to vacate, compassionate-release motions, supervised-release-violation defense, and clemency and pardon petitions.

Representative Results

Vinoo Varghese has achieved results in serious federal and high-stakes criminal matters, including securing a mistrial through cross-examination in a public-corruption prosecution, obtaining a new trial and ultimately an acquittal in a federal tax-fraud case after exposing prosecutorial misconduct, and defending clients in insider-trading and white collar matters. Prior results do not guarantee a similar outcome. Every case is different, and past success in one matter does not predict the result in another.

How Much Does It Cost to Hire a Federal Criminal Defense Lawyer in New York City?

The cost of a federal criminal defense lawyer in New York City depends on the charges, the complexity of the investigation, the volume of discovery, and whether the case resolves before or goes to trial. Federal cases involve far more work than most state matters, including extensive electronic discovery, expert analysis, motion practice, and sentencing preparation. We are transparent about fees from the first conversation and structure the representation to fit the matter. The more important question is usually not what defense costs, but what an inadequate defense, or no defense, can cost you in the federal system, where sentences are measured in years without parole.

How Long Does a Federal Criminal Case Take in New York?

Most federal criminal cases in New York take anywhere from several months to more than two years, and complex white collar or conspiracy cases can take longer. The investigation stage alone can run for months or years before charges are filed. Once a case is charged, the timeline is driven by discovery, pretrial motions, and the court's calendar, and it can be shortened by a negotiated resolution or extended by a trial. We move quickly where speed helps our client and patiently where time works in our favor.

Can Federal Charges Be Dismissed Before Trial in New York?

Yes. Federal charges can be dismissed before trial through a motion to dismiss a legally defective indictment, a successful suppression motion that guts the government's evidence, or negotiation that leads the prosecutor to drop or decline charges. Dismissals are never guaranteed, but they are far more likely when a defense lawyer is involved early, examines the government's case closely, and applies pressure at the right points. This is one of the strongest reasons not to wait.

Why Is It Critical to Hire a Federal Criminal Defense Lawyer Early in New York City?

Hiring a federal criminal defense lawyer early is critical because the most powerful defense opportunities exist before an indictment is filed. Early representation lets us engage the prosecutor while charging decisions are still open, preserve evidence and identify witnesses while memories are fresh, prevent you from making statements that damage your case, and position you for a declination, a better plea, or an outright dismissal. Once an indictment is returned and the government is publicly committed, the room to maneuver narrows. If federal agents have contacted you, or you suspect they soon will, the time to call is now.

Do You Have a Federal Criminal Defense Case in New York City? Contact Us Now

If you are under federal investigation, have received a target letter or grand jury subpoena, or have been arrested or indicted on federal charges anywhere in New York City, do not wait and do not talk to anyone but your lawyer. Speak with a New York City federal criminal defense lawyer who has stood in the courtroom, tried the cases, and earned the national platform that comes with real results.

Call Varghese & Associates, P.C. at (212) 430-6469, or contact us online, for a confidential consultation. Our office is located at 2 Wall Street, Suite 310, New York, NY 10005, steps from the federal courthouses of the Southern District of New York.

Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is for general educational purposes and is not legal advice. Contacting the firm does not create an attorney-client relationship.