Criminal Defense Lawyers

New York City, NY Federal Criminal Defense Lawyers

New York City, NY Federal Criminal Defense Lawyers

Welcome to Spodek Law Group. Our mission is to help you understand what your actually facing if federal prosecutors in New York City have decided to come after you. Not the sanitized version you’ll read on other law firm websites. The reality.

Here’s what nobody tells you about federal criminal defense in New York City: your not dealing with a regional courthouse that happens to be in Manhattan or Brooklyn. Your dealing with the two most powerful federal prosecution machines in America—the Southern District of New York (SDNY) and the Eastern District of New York (EDNY). These districts handle approximately 60% of all terrorism prosecutions in the United States. They prosecute the biggest securities frauds on Wall Street. They’ve taken down mayors, governors, congressmen, and organized crime families that have operated for generations. The prosecutors who work these cases aren’t career government attorneys settling into retirement. There building resumes for partnerships at Wachtell Lipton, Sullivan & Cromwell, and Skadden—firms where partners make $5-10 million per year. Your conviction is a line item on there career trajectory. That changes everything.

Two Federal Districts, One Prosecution Empire

New York City isnt served by one federal court. Its divided between two separate federal judicial districts, and understanding which one your case lands in matters becuase they specialize in different kinds of destruction.

The Southern District of New York covers Manhattan, the Bronx, and several counties north of the city. SDNY sits at 500 Pearl Street in lower Manhattan, just blocks from Wall Street. That location isnt a coincidence. SDNY prosecutes more securities fraud, insider trading, and financial crimes than any other federal district in the country. The courthouse has a secure floor—a SCIF (Sensitive Compartmented Information Facility)—just for terrorism trials involving classified evidence. If your case gets assigned to that courtroom, your entering a system designed for national security prosecutions were the normal rules of evidence dont fully apply.

SDNY doesnt just handle cases that happen to occur in Manhattan. Because of its expertise and resources, major cases from across the country get referred here. A securities fraud scheme that originates in California might get prosecuted in SDNY becuase thats were the specialized prosecutors and experienced judges are. Between 2001 and 2024, SDNY handled roughly 60% of all terrorism prosecutions in the United States. Think about what that means. This isnt a regional court processing local crimes. Its a national prosecution hub for the governments highest-priority cases.

The Eastern District of New York covers Brooklyn, Queens, Staten Island, and Long Island. EDNY operates out of the federal courthouse in Brooklyn, and while it might seem less intimidating then the Manhattan courthouse, dont let that fool you. EDNY has become the epicenter for organized crime and gang prosecutions in the federal system. The Brooklyn-Queens corridor is one of the most gang-dense areas in America, and EDNY prosecutors have developed sophisticated methods for dismantling these organizations using RICO charges, wiretaps, and cooperating witnesses.

EDNY put away the Bonanno crime family leadership. They convicted Colombo family captains. They prosecuted Genovese soldiers who’d been operating for decades. And there not just going after traditional Italian mafia anymore—there prosecuting MS-13, Latin Kings, Bloods sets, and organized drug trafficking networks with the same level of resources and expertise. If your facing gang-related charges or organized crime allegations in Brooklyn or Queens, your up against prosecutors who’ve been perfecting these prosecutions for years.

The Conviction Rate Nobody Mentions

Lets talk about numbers. Not the general federal conviction rate you’ll read about online. The specific conviction rates in SDNY and EDNY that show you exactly what your facing.

In 2022, SDNY convicted 440 defendants. Five were acquitted at trial. Thats a 98.9% conviction rate at trial—on top of the 90%+ of defendants who pled guilty without ever going to trial. EDNY’s numbers are similar. For organized crime cases specifically, EDNY’s conviction rate approaches 99% becuase by the time they indict you, theyve already flipped someone close to you to wear a wire and testify.

You might be thinking: arent all federal conviction rates this high? Doesnt every federal district win essentially every case? Thats the counter-argument, and its worth addressing directly. Yes, federal conviction rates nationwide hover around 99% when you include plea deals. The entire federal system is designed to produce convictions through mandatory minimums, sentencing guidelines, and overwhelming prosecutorial resources.

But heres were SDNY and EDNY are demonstrably worse then other federal districts. First, the cases there handling are categorically more complex. A routine drug distribution case in the District of Montana might involve 100 grams of methamphetamine and a few defendants. A drug conspiracy case in EDNY might involve multiple kilograms, 20+ defendants, wiretaps on 15 phone lines, confidential informants, and connections to international trafficking organizations. The complexity means more exposure, more co-defendants who can cooperate against you, and more evidence.

Second, the prosecutors in SDNY and EDNY are the best the federal government has. These positions are intensely competitive. AUSAs (Assistant United States Attorneys) in these districts are often Harvard Law, Yale Law, Columbia Law graduates who clerked for federal appellate judges or Supreme Court justices. There not taking these $150,000/year government jobs becuase they love public service (though some do). There taking them becuase a line on your resume that says “SDNY AUSA – Securities Fraud Unit, 2020-2024” gets you a partnership offer at a white-shoe firm. That career incentive structure means they dont settle cases that there not absolutely certain to win at trial. They dont plea bargain down to minor charges becuase that dosent build the reputation they need.

Third, the judges in SDNY and EDNY have seen every defense strategy. Were not talking about judges who handle a mix of civil and criminal cases. Many of these judges were former AUSAs in these exact districts. Judge Jed Rakoff prosecuted securities fraud cases before he became a judge—he’s now been on the bench for 25+ years handling these exact cases. Judge Denise Cote handled antitrust prosecutions. Judge Katherine Polk Failla was an AUSA in SDNY. When your attorney files a motion to suppress evidence or challenges an expert witness, these judges have seen that strategy dozens or hundreds of times. The playbook your attorney is using? The judge knows it. The prosecutor knows it. Your not surprising anyone.

If your case is in SDNY or EDNY, understand that your facing a system optimized for convictions staffed by people for whom your conviction is professionally valuable. Thats not just tough. Thats a structurally different threat level.

Why SDNY Prosecutors Dont Settle

You need to understand something about the prosecutors who will be handling your case if your charged in SDNY. There not just government attorneys doing a job. There building careers, and the path they’ve chosen runs directly through your conviction.

The career trajectory works like this. You graduate from a top law school—Harvard, Yale, Columbia, NYU. You clerk for a prestigious judge—maybe a Second Circuit judge, maybe even a Supreme Court justice if your credentials are strong enough. Then you apply for an AUSA position in SDNY. The acceptance rate is lower then the law schools you attended. Out of hundreds of applicants, maybe 10-15 get hired each year.

You spend 3-5 years in SDNY. You prosecute securities fraud, public corruption, terrorism, or organized crime cases. You win. You win because the system is designed for you to win, and becuase SDNY doesnt bring cases unless there already confident in the outcome. Then you leave for a law firm.

But not just any law firm. If you were an AUSA in SDNY’s Securities Fraud Unit, you get partnership offers from Wachtell Lipton (were partners make $7-10 million per year), Sullivan & Cromwell, Skadden, or Paul Weiss. If you prosecuted terrorism cases, you might join a firm’s white-collar defense practice or go into corporate compliance at a salary that makes your government salary look like an internship. Some former SDNY prosecutors become federal judges themselves. Others become general counsels at Fortune 500 companies. The SDNY pedigree is a golden ticket to elite legal employment.

Your conviction is how they get that ticket. Your not fighting an abstract concept called “the government.” Your fighting a specific 34-year-old prosecutor who needs a conviction on a high-profile case to make partner at Cravath in 2026. That prosecutor is brilliant, motivated, and has unlimited resources. The FBI agents working your case report to them. The forensic accountants analyzing your financial records report to them. The expert witnesses who will testify at trial are being paid by the government to support the prosecution’s theory.

This is why SDNY prosecutors dont settle in the way state prosecutors might. A state prosecutor in Manhattan handling a robbery case might plea it down to a lesser charge becuase there overworked and need to clear the docket. An SDNY prosecutor handling a $50 million securities fraud case wont plea it down to a minor charge becuase that dosent advance there career. They need the conviction on the major charge. They need to be able to say at a law firm interview: “I convicted the CFO of XYZ Corp in a jury trial on 15 counts of securities fraud.” A plea to a single count of making false statements dosent have the same resume value.

If your attorney tells you “we’ll negotiate a better deal,” understand that the leverage you have in SDNY is limited compared to state court or other federal districts. The prosecutor across the table isnt just doing a job. There building a future worth millions of dollars, and your conviction is the foundation.

What EDNY Specializes In (That SDNY Dosent)

Lets talk about the Eastern District, becuase if your case is in Brooklyn, you need to know what there good at.

EDNY is geographicaly smaller then SDNY—it covers Brooklyn, Queens, Staten Island, and Long Island compared to SDNY’s Manhattan and Bronx plus upstate counties. But in terms of organized crime and gang prosecutions, EDNY might be the most sophisticated district in the country. The reason is simple: the Brooklyn-Queens corridor has one of the highest concentrations of gang activity in America, and EDNY has been prosecuting these cases for decades.

EDNY developed the playbook for using RICO charges against street gangs. RICO (Racketeer Influenced and Corrupt Organizations Act) was originally designed to take down the mafia, and EDNY used it against the Five Families for years. Now there applying the same strategies to modern gangs. MS-13 members operating in Long Island get prosecuted under RICO. Bloods sets in Brooklyn face enterprise-level conspiracy charges. Latin Kings in Queens get hit with racketeering allegations that carry mandatory life sentences.

Heres what makes EDNY particularly dangerous if your facing gang or organized crime charges. They dont just prosecute the crime itself. They prosecute the organization. Under RICO, you can be convicted for participating in an enterprise that committed crimes—even if you didnt personally commit every act alleged in the indictment. If your part of a gang, and other members of that gang committed murders or drug trafficking, you can be held liable for those acts as part of the conspiracy. EDNY prosecutors are experts at constructing these conspiracy cases.

The other thing EDNY does better then almost any other district is flipping cooperators. By the time your indicted in an EDNY organized crime case, theyve often already gotten someone close to you to cooperate. Maybe its someone you did deals with. Maybe its someone in your crew who got arrested on a separate charge and decided to trade information for a lighter sentence. EDNY prosecutors are relentless about building cooperation cases were multiple witnesses testify against you, corroborating each other’s stories.

In 2019, EDNY convicted the leadership of a Bloods set in Brooklyn using testimony from seven cooperating witnesses. The defendants went to trial thinking they could attack the credibility of one or two cooperators. They didnt expect seven different people—all from there own organization—testifying to the same facts. The jury convicted on every count.

If your case is in EDNY and involves any organizational or gang allegations, assume that someone has already started cooperating. Assume that your phone calls have been recorded. Assume that meetings you thought were private were monitored. EDNY’s wiretap infrastructure is extensive, and there very good at getting judicial approval for surveillance becuase they can show judges a history of successful prosecutions using these methods.

The Judges Who’ve Seen Every Defense Strategy

One of the things that makes SDNY and EDNY uniquely difficult is the judiciary. Were not talking about judges who occassionally handle criminal cases between civil trials. Many of these judges spent years or decades as prosecutors, including as AUSAs in these exact districts, before being appointed to the bench. They know how the game is played becuase they played it from the other side.

Judge Jed Rakoff, who sits in SDNY, was a federal prosecutor in the 1970s before going into private practice and eventually becoming a judge in 1996. He’s presided over securities fraud cases for 25+ years. He’s seen every expert witness trick, every document production delay, every Daubert motion challenging scientific evidence. If your attorney files a motion that Judge Rakoff has seen 100 times before, he’ll rule on it in minutes becuase he already knows the answer.

Judge Raymond Dearie in EDNY (now senior status) was the U.S. Attorney for the Eastern District before becoming a judge. He ran the office. He supervised the prosecutors who are now prosecuting cases in front of other judges. When your attorney argues that the government’s investigation was flawed or that prosecutors overreached, Judge Dearie (and judges like him) have institutional knowledge of how EDNY operates. There not skeptical of the government in the way a judge with no prosecution background might be.

This judicial experience creates a structural advantage for prosecutors. In a district were the judges are less familiar with criminal procedure, your attorney might be able to win suppression motions or exclude evidence based on technical arguments. In SDNY and EDNY, those same arguments face judges who’ve made those exact arguments themselves when they were prosecutors—and who know exactly how prosecutors will respond.

The judges also have extremely high caseloads becuase these districts handle so many cases. That means they value efficiency. They dont want to hear lengthy oral arguments on issues that have been settled in this circuit for years. They dont want to grant continuances that delay trial dates. If your attorney is trying to buy time or create procedural hurdles, these judges have seen those strategies and will shut them down quickly.

The judicial skepticism in SDNY and EDNY means that even excellent defense attorneys with strong arguments face an uphill battle that wouldnt exist in other federal districts. The playing field isnt level. Its tilted toward conviction by design, experience, and institutional history.

What Actually Works in NYC Federal Court

After everything Ive described—the conviction rates, the prosecutor career incentives, the judicial experience, the specialized prosecution units—you might be wondering what actually helps. What can a federal criminal defense attorney do in SDNY or EDNY that makes a difference?

The first thing that works is early intervention before charges are filed. If your being investigated but havent been indicted yet, theres sometimes a window were an experienced attorney can communicate with prosecutors and present mitigating information that prevents charges from being filed at all. Maybe your role was smaller then prosecutors think. Maybe theres exculpatory evidence they havent seen. Maybe theres a legal theory that undermines there case. Once your indicted, the leverage shifts dramaticaly becuase the government has committed publicly to prosecuting you. Before indictment, there’s still flexibility.

Todd Spodek and the Spodek Law Group team have handled federal cases in SDNY and EDNY involving securities fraud, public corruption, and organized crime allegations. We understand that pre-indictment representation isnt about arguing your innocence. Its about shaping the narrative before prosecutors have locked into a theory of the case. Its about presenting information in a way that makes them question whether they have the evidence to win at trial. Because remember—SDNY and EDNY prosecutors dont bring cases unless there confident they’ll win. If you can create doubt about that outcome, sometimes charges dont get filed.

The second thing that works is strategic cooperation. Notice I didnt say “cooperation” generically. I said strategic cooperation, becuase cooperating in SDNY or EDNY is different then cooperating in other districts. The information you provide has to be valuable. It has to be something prosecutors dont already know. And it has to lead to charges against people higher up the chain then you are.

In other federal districts, prosecutors might accept cooperation that only fills in gaps in there investigation. In SDNY and EDNY, prosecutors want cooperation that makes headlines. If your a mid-level defendant in a securities fraud case, your cooperation is valuable if it leads to charging the CEO or CFO. If your cooperation just confirms what they already knew or leads to charging people at your level, it has less value. An experienced attorney who handles SDNY/EDNY cases regularly knows what information prosecutors will actually give you credit for.

The third thing that works—and this might be the most important—is sentencing mitigation done right. Even if your convicted, the federal sentencing guidelines have ranges, and judges have discretion within those ranges and sometimes authority to depart below them. The difference between the low end and the high end of a guideline range can be years or decades.

Sentencing mitigation in SDNY and EDNY isnt just about filing a sentencing memo that says your client has family or regrets the offense. These judges have read thousands of those memos. What works is presenting information that the judge hasnt seen before. Expert testimony about factors that contributed to the offense. Evidence of extraordinary rehabilitation efforts. Letters from victims or community members that provide context the PSR (Pre-Sentence Report) dosent include. Specific plans for post-release that demonstrate your unlikely to reoffend.

Spodek Law Group approaches sentencing in federal court the same way prosecutors approach trial—meticulous preperation, expert witnesses when appropriate, and a presentation designed to make the judge see you as a complete person rather then just a defendant in case number 23-CR-487. We’ve achieved outcomes in SDNY sentencing were clients received below-guidelines sentences in cases were the government was arguing for maximum guidelines. That dosent happen by accident. It happens becuase the work was done and the presentation was compelling.

The final thing that works is understanding the specific judge and prosecutor assigned to your case. SDNY has approximately 28 active district judges. EDNY has around 15 active district judges. Each one has patterns. Some are more sympathetic to certain types of defenses. Some are stricter on sentencing. Some grant more defense motions then others. An attorney who regularly appears in SDNY or EDNY knows these patterns becuase theyve been in front of these judges dozens or hundreds of times.

Similarly, knowing which AUSA is handling your case matters. Some AUSAs in these districts are more willing to negotiate then others. Some specialize in certain types of cases and have reputations. Some are newer and trying to build there resume—which might make them more aggressive. Some are senior prosecutors who’ve already made there career and might be more reasonable. This intelligence isnt something you can Google. Its something you learn by working in these courthouses.

If your facing federal charges in New York City—or if federal agents have contacted you or executed a search warrant—dont wait. The government has been building there case for months or years before you knew anything was happening. Every day you delay is a day they get stronger and your options get narrower. Call Spodek Law Group at 212-300-5196 for a consultation. We’ll give you an honest assessment of what your facing and what your realistic options are in SDNY or EDNY specifically.

This is serious. The stakes are higher in New York federal court then almost anywhere else in the country. Treat it that way.