The Law Offices of Benfante & DiBenedetto, PLLC

  • United States v. Badalamenti, et al. (The "Pizza Connection" Case)

    Considered the largest and longest federal trial in the history of the United States. This Seventeen Month trial held in the Southern District of New York was presided over by the Honorable Pierre N. Leval (now presently sitting on the Court of Appeals; 2nd Circuit). The case involved a global international money laundering and drug conspiracy. In all, Twenty-two defendants were charged. Joseph R. Benfante, represented one of the main defendants in the indictment, and successfully obtained an acquittal on charges stemming from the "Drug Kingpin" statute - sparing his client a life sentence.
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  • United States v. Helmsley, et al. (The "Leona Helmsley" Case)

    A nationally publicized tax fraud case involving the defense of Leona Helmsley and Joseph Licari, the Chief Financial Officer and Certified Public Accountant to the Helmsley Empire.
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  • United States v. Provenzano, et al. - Acquittal

    A highly celebrated Labor Racketeering Trial. This case involved the trial of ten high ranking teamster officials and dental plan administrators, who were charged with concocting a complex scheme to steal hundreds of thousands of dollars from union welfare funds.

    The trial was conducted in Trenton Federal Court, by the Honorable Ann E. Thompson. At the end of the four months, Joseph Benfante was successful in obtaining an acquittal for Andrew Reynolds, the President of Local 84, closely aligned to the infamous Teamsters Local 560 Union. Eight of the ten defendants were otherwise convicted.
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  • People v. Ruiz, et al. (The "Dyker Beach Murder" Case) Acquittal
    New York Times - New York Magazine

    The defendant, along with eleven other high school students, was charged with murdering an Ecuadorian immigrant in a highly publicized case in Kings County. Joseph R. Benfante was successful in obtaining the only acquittal on all charges, in spite of six alleged accomplices testifying against him.
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  • The New York City Carting Case

    Represented a defendant charged with Enterprise Corruption (OCCA) under the Organized Crime Control Act.

    This case was litigated before the Honorable Leslie Crocker Snyder, Supreme Court, New York County. It involved a 5 year undercover investigation brought by Manhattan District Attorney Robert Morgenthau and resulted in the indictment of 19 Individuals, 23 Companies and 4 Trade Associations.

    This case was resolved by a negotiated plea.

  • Leka v. Portuondo, 257 F.3d 89 (2nd Cir.) (NY) July 12, 2001
    Conviction, Reversal - Dismissal
    Front Page New York Law Journal

    After two days of deliberations, a Brooklyn Supreme Court jury, although deadlocked, subsequently returned a conviction. Defendant Leka facing 20 years for murder, eventually was caused to appeal to the Federal Courts by Writ of Habeas Corpus. Mr. Leka was released after his conviction was overturned by the Court of Appeals. The reversal was based on the prosecutor's purposeful failure to timely turn over exculpatory evidence (Brady Material). This case is now cited by attorneys and Courts for the legal proposition that evidence in the possession of a prosecutor, which is helpful in establishing innocence - must be turned over early enough so that a defense lawyer can effectively utilize it; "well before the commencement of the trial."
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  • People v. Giordano (Zaccaro) - Dismissal - New York Times

    A politically motivated prosecution brought by the Manhattan District Attorney's Office, timed just prior to the 1984 National Election involving the husband of Vice Presidential candidate Geraldine Ferraro, to wit: John Zaccaro. Joseph R. Benfante represented Joseph Giordano a highly decorated Port Authority Detective. Mr. Giordano at the time was the President of the Port Authority Credit Union of New York and New Jersey and the Chief of Security for the World Trade Center.

    A Manhattan Grand Jury was convened to indict Mr. Giordano and Mr. Zaccaro. Defense Counsel successfully established Mr. Giordano's innocence after having Mr. Giordano and other witnesses testify before the Grand Jury. Case dismissed "no true bill."
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  • People v. Christian A. - Dismissal

    Case litigated in the Supreme Court, New York County, before the Honorable Judge James A. Yates. Joseph Benfante successfully represented a member of the New Jersey Sheriff's Department of Hudson County.

    The officer and three other civilian co-defendants were charged with 1st Degree Assault charges and 1st Degree Gang Assault charges in connection with a melee occurring at a bar on Varick Street, New York City.

    After employing the use of polygraphs, eye witness affidavits and extensive private investigation, the defense was able to convince the Manhattan District Attorney's Office of defendant's innocence.

  • United States v. Thomas T. - Acquittal

    This case was tried in Federal Court, Eastern District of New York, before the Honorable Judge Reena Raggi (presently a presiding Judge for the Second Circuit Court of Appeals). The defendant a Bay Ridge businessman was charged with purchasing 47 kilograms of cocaine, pursuant to an undercover "reverse buy" operation. The defendant was acquitted after trial of all charges by virtue of the defense of "entrapment."

  • United States v. Santo S., et al. - Acquittal

    This case was also tried in Federal Court, Eastern District of New York - once again before the Honorable Judge Reena Raggi. This case involved a Staten Island businessman charged in a multi-defendant, multi-kilogram "reverse buy" cocaine case. The defendant was acquitted after trial of all charges by virtue of the defense of "entrapment."

  • United States v. Ceverizzo - Acquittal

    This case was tried in Federal Court, Southern District of Florida, before the Honorable and then Chief Judge, James C. Paine. This case involved $500,000.00 worth of stolen bank money orders, taken from the "Bank of New England." Despite the fact that the defendant's brother-in-law and other witnesses testified against him, he was fully acquitted after trial.

  • United States v. Gorman, et al. - Acquittal

    This case was tried in Federal Court, Eastern District of New York, before the Honorable and then, Chief Judge, Jack B. Weinstein. This case involved three defendants, former high school wrestlers from Long Island, who were charged with purchasing 10 kilograms of cocaine at the Ramada Inn near LaGuardia Airport. The jury acquitted the defendant and co-defendants of all charges after trial. "Entrapment" was a factor, as well as reasonable doubt.

  • United States v. Campo, et al. - Acquittal

    This case was tried in Federal Court, Eastern District of New York, before the Honorable Judge Eugene H. Nickerson. This case involved three defendants and 1.5 Million Dollars in high-jacked wearing apparel, taken from the Seajet Trucking Company. Joseph R. Benfante proved Mr. Campo's innocence and Mr. Campo was acquitted after trial.

  • People v. LoCurto (The "Smoking Gun" Case) - Acquittal

    After a vigorously fought homicide trial held in Manhattan Supreme Court, Joseph R. Benfante obtained an acquittal for his client against all odds. The defendant had been apprehended one block from the scene of the homicide and in possession of a gun still hot and smoking.
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  • People v. Cabrera - Acquittal

    A homicide case tried in the Supreme Court, Kings County before the Honorable Joseph Lombardo. In this case, Mr. Cabrera was in fear of his brother-in-law who was threatening him. While under extreme emotional disturbance, Mr. Cabrera shot him "nine times" with a nine millimeter semi-automatic handgun.

    This act although committed in broad daylight and in plain view of witnesses, resulted in an acquittal after trial; even though the deceased possessed no weapon!

    Psychiatric experts testified that extreme fear of impending death may cause a person to repeatedly pull the trigger; a condition known as "automatic pilot syndrome."

  • People v. Nicholas Guido, et al. - Acquittal and Dismissal
    Front Page New York Law Journal

    This case was tried in Manhattan Supreme Court before the Honorable James J. Leff, and involved A-2 felony charges for possession of cocaine and drug paraphernalia. In addition the defendants were charged with allegedly obtaining illegal gun permits. The jury acquitted defendant on the drug charges and for filing a false instrument in Albany, but were "hung" or "deadlocked" on illegal possession of weapons and criminal impersonation charges.

    When the case was sent out for a retrial on the deadlocked unresolved charges, Joseph Benfante filed an Article 78 proceeding (Writ of Prohibition) with the Appellate Division, 1st Department; The Appellate Division ruled that the remaining charges should be dismissed, on grounds of Double Jeopardy.
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  • People v. Ferrara - Dismissal - Front Page New York Law Journal

    Represented the Commissioner of the Society for the Prevention of Cruelty to Children of Sullivan County, indicted on gun possession charges. Case held in Supreme Court, Richmond County, before the Honorable Charles A. Kuffner. Dismissed as a matter of law after motions and hearings. Joseph R. Benfante established that members of such historical societies still retained "peace officer" status in New York State and were therefore legally able to endorse firearm permits to its members.
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  • United States v. Ruggiero, et al. - Acquittal

    A multi-defendant Hobbs Act (Interstate Robbery) case, tried in the Eastern District of New York before the Honorable Raymond J. Dearie. Mr. Ruggiero was acquitted after trial.

  • United States v. Nezaj - Dismissal
    Front Page New York Law Journal

    Case held before the Honorable Judge Robert Workman Sweet, Southern District of New York. The defendant was charged with the attempted murder of an Alcohol Firearms and Tobacco Agent, firearms and drug charges. Dismissed after motions and suppression hearings.

    In this case the defendant mistakenly shot a Federal ATF Agent in the jaw with a nine millimeter pistol, thinking the forced entry by Federal Agents was a home invasion robbery. The pistol was unlicensed - drugs, weapons and drug paraphernalia were recovered from the house.

    In that the arrest warrant relied upon by the Federal Agents was designated for a third person, other than Mr. Nezaj and was designated for a different address; its execution was held unlawful.
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  • People v. Rukaj, 123 A.D.2d 277
    Conviction, Reversal - Dismissal
    Front Page New York Law Journal

    Case tried in Bronx County Supreme Court, before the Honorable Richard Lee Price. The defendant was charged with the burglary of a jewelry store. The facts relied upon by the People were that two police officers claimed they saw the defendant emerging from the jewelry store with a bag of jewelry from a distance of only ten feet away.

    Counsel on this four day trial kept the jury out for two days and two nights resulting in jury deadlock. On the third day of deliberations, defendant was eventually convicted.

    An affidavit taken of one of the jurors after trial, asserted that there were gross improprieties which occurred on the part of jurors and Court officers during the deliberations. The Appellate Division, First Department, reversed the conviction, based in part on racial prejudice and speculation - which took place during the jury's deliberations.

    As it turned out, this decision established new law, reversing the heretofore sacrosanct rule established by The New York Court of Appeals in Dalrymple v. Williams, 63 N.Y. 361 (1875) - that a jury's actions during deliberations were beyond legal analysis.
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  • People v. Pettinato, 69 N.Y.2d 653 - Acquittal and Dismissal
    New York State Court of Appeals

    The defendant was acquitted of three counts, convicted of two narcotics related counts, which were ultimately dismissed by New York States highest Court on appeal. Tried in New York County Supreme Court, before the Honorable Eugene L. Nardelli (presently a presiding Justice with the Appellate Division, 1st Department). This was a case of first impression.

    One of the issues was whether a partial search of the contents of Pettinato's bag by a "private" security guard at New York University Medical Center, paved the way for a subsequent full blown search of the bag, by the New York City Police Department - without applying for a search warrant. The Court of Appeals held it did not!

  • Cardiologist Avoids Federal Criminal Prosecution For Tax Fraud

    Joseph R. Benfante was successful in fending off federal criminal prosecution for a highly respected cardiologist alleged to have owed over Two Million Dollars in taxes.

  • Prominent Neuro-Oncologist Retains License

    Manhattan Criminal Court. Successfully avoided a criminal conviction for a noted Neuro-Oncologist with Sloan Kettering, alleged to have had a blood alcohol content reading three times the limit, thereby preserving his medical license.

  • People v. Dr. Charles R. - Dismissal

    Joseph Benfante represented a respected doctor whose specialty is podiatry.

    The doctor became the victim of a joint sting operation involving the Transit Police, the Manhattan District Attorney's Office, The New York City Police Department, the Metropolitan Transportation Authority and the Inspector General's Office. A total of 35 people were arrested, four of them doctors. The case was dismissed as against Dr. Charles R., after motions. Defense counsel proved the complaint was insufficient and defective as a matter of law.

  • D&F Brothers Sporting Goods

    After a politically motivated sting orchestrated by the Mayor's office in an attempt to crack down on the illegal sale of firearms, defense counsel successfully thwarted criminal prosecution and secured the return of all firearms for D & F Brothers Sporting Goods after proving their client's innocence.
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  • United States v. Chief Financial Officer Of Atlantic Bank

    This case was held before the Honorable Denise L. Cote, Southern District of New York - Mr. Benfante represented the former Executive Vice President and Chief Financial Officer ("CFO") of Atlantic Bank of New York. The case was resolved by a negotiated plea.

  • United States v. Joseph T. (Hanover Sterling), et al. - Downward Departure

    Case litigated before the Honorable Judge I. Leo Glasser, Eastern District of New York. Defense counsel represented a stock broker charged with securities fraud, in what was alleged to be the largest "pump and dump" scheme in New York history. The licensed broker faced a possible sentence of Thirty-Three Months imprisonment, but received a downward departure to a non-custodial sentence based on his extraordinary family circumstances; in that the defendant was the sole caretaker for his elderly and infirm parents.

  • United States v. Anna K. - Downward Departure

    Case held before the Honorable John S. Martin, Jr., Southern District of New York. Represented licensed insurance agent, charged with auto insurance fraud. The defendant although facing a jail sentence, received a downward departure to a non-custodial sentence, based on extraordinary family circumstances in caring for her son.

  • United States v. Edward C. - Island Mortgage Network

    Case held before the Honorable Denis R. Hurley, Eastern District of New York. Currently representing the president of Island Mortgage Network, a mortgage company, which had over fifty branch offices in seventeen states, alleging over 88 Million Dollars in mortgage and banking fraud.

  • Foreign Currency Exchange Market Fraud

    Represented the president of I.S.B. Clearing Corporation, a Futures Commission Broker charged in a multi-million dollar scheme involving the foreign currency exchange market.

  • United States v. Frank Lino

    Case held before the Honorable Denny Chin, Southern District of New York. Represented the lead defendant in the largest, New York City, stock fraud case at the time. The indictment alleged a conspiracy charging 33 defendants, most of which were stock brokers, alleging that members of organized crime controlled the price of stock on Wall Street. The case was resolved by a negotiated plea.

  • United States v. Robert Lino

    Case held before the Honorable William H. Pauley, Southern District of New York. Represented the lead defendant in a highly celebrated Wall Street stock fraud case, code named "operation wooden nickel." The case was resolved by a negotiated plea.

  • People v. Dr. Raphael B. - Acquittal

    Case tried before the Honorable Louis Rosenthal, Kings County Criminal Court. Obtained an acquittal after trial for a prominent orthopedic surgeon.

  • People v. Richard (Rick) Mager, et al.
    United States v. Richard Mager, et al.

    East Hampton - Represented the lead defendant, Richard (Rick) Mager, in a 33 defendant alleged conspiracy to import marijuana. The case involved the seizure of 21 tons of marijuana valued at nearly 25 million dollars.

    Gardners Bay Long Island was the scene of the arrest - when an 85 foot fishing trawler named the 'Miss Marge' was boarded by a joint State and Federal task force. The seizure was touted by law enforcement authorities as one of the most sophisticated pot importation operations in the Northeast.

    With both State, and Federal prosecutions running simultaneously, Mr. Benfante was able to negotiate a two year sentence to run concurrently for both jurisdictions. The sentence was served at FPC Eglin Air Force Base in Florida.

  • People v. Randy Hall, et al.- Dismissal

    Case litigated in Putnam County, before the Honorable Barrett S. Hickman. This case was prosecuted by the Organized Crime Task Force of the New York State Attorney General's Office. After bail was set in the amount of 5 Million Dollars, defense counsel successfully suppressed over one hundred hours of court ordered wiretaps, 1,000 lbs. of marijuana, and subsequently secured an outright dismissal of the charges - after citing a little known procedural technicality, contained in New York States "Executive Law."
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  • United States v. American International Mortgage Bankers

    Case presently pending before the Honorable Judge Denis R. Hurley, Eastern District of New York. Joseph R. Benfante represented a New York attorney and the president of American International Mortgage Bankers (AIMB). Joseph R. Benfante is presently representing the corporation (AIMB) in a pending federal criminal prosecution alleging over 80 Million Dollars in fraud.

  • People v. Joseph C., et al. - Dismissal

    This case was litigated before the Honorable Stephen J. Rooney. The case involved a highly publicized gang assault, occurring at the Annadale Train Station in Staten Island, New York. The defendant Joseph C., 15 years of age at the time, was charged as the lead defendant. It was alleged that the defendant in conjunction with twelve or more attackers, caused life threatening injuries to the victim.

    By utilizing polygraphs, alibi witnesses, investigation techniques, and discrediting poor identification procedures - defense counsel established his client's total innocence. On the eve of trial, after hearings, the Richmond County District Attorney's Office dismissed all charges.
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  • People v. Prestia, et al. (The "Bath Beach Racial" Case) - Acquittal

    Case tried before the Honorable Michael A. Corriero. In a volatile racial case receiving widespread media attention, Joseph R. Benfante successfully obtained an acquittal after trial for his client, who was charged with the 1st degree assault of two brothers who were walking through the Bath Beach section of Brooklyn on Christmas night, near a park.
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  • People v. Pantino, 106 A.D. 2d 412 - Acquittal, Conviction and Dismissal

    The case was tried before the Honorable Vincent Naro, Supreme Court, Queens County.

    Joseph R. Benfante saved the life of a young teen, utilizing New York States "Agency Defense." Defendant, a 17-year old youth was charged with Twenty-Three counts of direct sales of cocaine to undercover agents. The offer by the Queens County District Attorney's Office was 15 years to life! At the end of an eight week trial, the defendant was acquitted of all sale counts, and was convicted of the only count of possession.

    On appeal, the Appellate Division, Second Department reversed the remaining sole conviction and dismissed the remainder of the indictment based on "evidentiary disappearance." Note: An agency defense applies in New York State if the individual involved in a drug sale was acting on behalf of the purchaser and not as a seller, or on behalf of a seller.
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  • United States v. Louis M., et al. - Downward Departure

    Case litigated in the Eastern District before the Honorable District Court Judge Nicholas G. Garaufis. After a highly publicized organized crime sting, defendant in this multi-defendant organized crime case was charged with RICO and Extortion. Defendant was ultimately granted a downward departure from Twenty-Four months imprisonment to Three Years Probation. The basis of the downward departure was extraordinary family circumstances.

  • United States v. Greg Scarpa, Jr. - The New Yorker Magazine

    The case was tried before the Honorable I. Leo Glasser. Joseph Benfante represented the infamous Gregory Scarpa, Jr., the subject of a national manhunt on "America's Most Wanted," in a RICO prosecution involving organized crime.
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  • United States v. Jerry Winters, et al. (The "Candy" Case)

    Tried in District Court, Newark, New Jersey, before the Honorable Maryanne Trump Barry (Donald Trump's sister). A three-month federal trial involving the prosecution of nationwide candy distributors alleged to have employed extortion, arson and other racketeering tactics against competitors. Joseph R. Benfante's client was ultimately acquitted of the RICO conspiracy.

  • United States v. First United Equities, et al. - Downward Departure

    Case held before the Honorable Nicholas G. Garaufis, Eastern District of New York. Represented a highly regarded stock broker, charged in a multi-million dollar securities fraud scheme, received a downward departure from Twenty-Seven months imprisonment to a sentence of Three Years Probation - based on defense counsel's presentence memorandum outlining his extraordinary medical circumstances. A non-incarceratory sentence.

  • People v. Dorme - Acquittal

    Case tried in Kings County, before the Honorable Judge Albert S. McGrover. Defendant charged with illegally possessing a handgun - was observed by no less than seven police officers in addition to civilian witnesses in possession of said handgun during an altercation in a schoolyard. The schoolyard was located directly across the street from the 62nd Precinct in Brooklyn. In spite of the eyewitness identifications and testimony of seven police officers and other civilian witnesses, the case ended in an acquittal after trial based on the theory of "self-defense" and "temporary innocent possession of a weapon."

  • People v. Reyes - Acquittal

    Tried in New York County before the Honorable Thomas B. Galligan. Counsel represented one of two New York State Correction Officers, who were indicted with two other New York City Correction Officers; for assaulting a prisoner being processed in the Manhattan "Tombs". The prisoner it turned out was working with our CIA as an operative and was a citizen of Armenia. The FBI attempted to shield, and protect the Armenian prisoner. The case ended in an acquittal after trial.

  • People v. Tormenia - Acquittal

    Tried in Kings County Supreme Court before the Honorable Joseph J. Lombardo. The Defendant was charged with the First Degree Assault of an off-duty police officer. Although the police officer sustained fractures of the jaw and face, requiring reconstructive plastic surgery, the trial testimony indicated that the officer acted totally inappropriately and attacked the defendant. The case resulted in an acquittal after trial.

  • People v. Ottomanelli - Acquittal and Dismissal

    Tried in Kings County Supreme Court before the Honorable Sybil Hart Cooper. The Defendant was indicted for Second Degree Murder. The defendant was acquitted after trial of Murder in the Second Degree, but initially convicted of the lesser included crime of Criminally Negligent Homicide. The defendant remained on bail.

    The remaining lesser included crime of criminally negligent homicide was subsequently dismissed by the trial Judge on counsel's motion, based on the fact that as a matter of law a person can not be guilty of acting in concert with the criminal negligence of a co-defendant. Case dismissed.

  • People v. Fappiano - Acquittal

    Tried in Kings County Supreme Court before the Honorable Richard J. Goldman. Defendant was picked out of a photo array and charged with the crime of Rape in the First Degree. While said case was pending two additional complainants picked out the defendant's picture from mug shots and line-ups, and the defendant was charged with two additional First Degree Rape indictments; three in all!

    Counsel after having polygraphed the defendant and after having conducted a personal investigation, believed that the defendant was the innocent victim of the classic case of "look alike" misidentification.

    The case was vigorously litigated by the Brooklyn District Attorney's Office. However, when the jury learned in a dramatic courtroom display that the defendant had large multicolored tattoos on both legs, which were previously on record - prior to the alleged date of the crime - and were never observed by the complainant, the defendant was acquitted after trial.

  • People v. Fappiano - Trial #2 - Hung Jury - Later Dismissed

    The second trial of this defendant based on the testimony of a second victim, took place before the Honorable Jerome M. Kay, Supreme Court, Kings County, which resulted in a hung jury, six for acquittal and six for conviction. The case was subsequently dismissed, on motion of the People after their polygraph.

  • People v. Fappiano - Case # 3 - Dismissal

    The third indictment was also dismissed on motion of the District Attorney's Office, after they polygraphed the defendant. Fappiano was arrested a fourth time and represented by different counsel. He was ultimately convicted. In 2006, Fappiano was released after serving Twenty-One Years for a crime he did not commit. The DNA discovered on discarded clothing proved that he was in fact innocent and the victim of a misidentification.
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  • People v. Farrel - Acquittal

    Case tried in Kings County before the Honorable Albert D. Koch. The case involved a charge of Assault in the First Degree, the result of a fractured skull caused by the wielding of a pool cue.

    In essence the defense was that the complainant while attacking the defendants slipped and fell into a city curb. Acquittal after trial.

  • People v. Tekulve, 117 A.D. 2d 535 - Acquittal and Dismissal

    Tried in New York County before the Honorable James J. Leff. Defendant Tekulve, an ex-professional boxer, and the co-defendant, a New York City attorney, were indicted for extortion and other related charges. The co-defendant was represented by Attorney Gus Newman. The case involved overwhelming evidence, including consensual tape recorded conversations and video tapes. The jury acquitted defendants as to the top counts of Grand Larceny (by extortion), but convicted defendants of the lesser included charges of Grand Larceny by attempted extortion and conspiracy.

    Because the trial Judge on his own initiative restored the lesser included counts after the close of evidence, the Appellate Division dismissed them as a matter of law.

  • United States v. Ercolano, et al. - Downward Departure

    This case was litigated in the Eastern district of New York before the Honorable Raymond J. Dearie.

    The defendant was indicated for conspiracy to sell drugs in conjunction with the infamous Peter Gatien case. If you will recall, Mr. Gatien was the owner operator of the famous "Limelight" discotheque located in New York City. The allegations were that drugs were distributed in the club as an incentive to its patrons.

    Despite the fact that defendant was tape recorded and videotaped by Federal law enforcement authorities, Joseph R. Benfante was successful in obtaining a downward departure to a non-custodial sentence, based on extraordinary family circumstances.

  • United States v. Gasparo - Downward Departure

    Case litigated in the Eastern District of New York before the Honorable Sterling Johnson, Jr.

    Defendant, a young man with no prior criminal record, purchased multiple firearms at Florida gun shows, and sold them to his friends in New York.

    Joseph R. Benfante was successful in obtaining a downward departure based on aberrant conduct and pre-indictment rehabilitation, to a non-incarceratory sentence.

  • United States v. Kozlin - Hung Jury - Mistrial - Disposition

    Case tried in the Eastern District of New York, before the Honorable Judge Henry Bramwell. This case involved a kilogram of almost 90% pure heroin delivered to the apartment of the defendant in Brooklyn. The delivery was a "controlled delivery," made by an F.B.I. Agent. The defendant, upon his accepting the delivery and signing a different name, which was listed on one of the doorbells, was arrested. Another tenant in the walk-in apartment used the name however, and had a methadone history.

    At trial, the jury was deadlocked, resulting in a hung jury. Judge Bramwell ordered a new trial be commenced immediately - irregardless of the fact that it was 2 days prior to Christmas.

    Joseph R. Benfante negotiated a plea of guilty to what is referred to as a "telephone count," (a statute requiring a four year maximum statute).

    If the defendant were convicted at trial, he would likely have faced twenty years.

  • People v. William Meli, et al. - Acquittal

    This two defendant case was tried in Brooklyn Supreme Court before the Honorable Thaddeus E. Owens (the same Judge that presided over the Bensonhurst Racial Case). Here, unbelievably the defendant, William Meli, 6'4", 285 Lbs., upon having an altercation with two off duty police officers at a packed "Player's Lounge" on Shore Parkway in Brooklyn, bit off a police officer's ear and also broke the other police officer's nose.

    The jury acquitted the defendant on the theory of self-defense. Acquittal after trial.

  • United States v. Mohamed E. - Dismissal

    The defendant, the owner of a Sprint retail store in Brooklyn, New York for over ten years was charged in the Eastern District of New York with defrauding telecommunications giant Sprint. At the time of his arrest, the Secret Service confiscated over Seventy-Five Thousand Dollars in cellular telephones. The defendant was charged with obtaining unauthorized use of telecommunications services by modifying and altering cellular telephones (flashing). Joseph R. Benfante was successful in obtaining a dismissal of all charges after proving his client's innocence and showing that Sprint misled the Secret Service in an attempt to overtake the "retail" end of the communications industry.

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