NYC Federal Criminal Defense Lawyers

Last Updated on: 14th December 2025, 08:15 pm

New York City Federal Criminal Defense Lawyers

The federal criminal justice system has a 97% conviction rate. Read that number again. Ninety-seven percent. That means out of every 100 people the federal government decides to prosecute, 97 of them get convicted. This isn’t a system designed to determine guilt or innocence. It’s a system designed to process guilty pleas. By the time you’re indicted in the Southern District of New York or the Eastern District of New York, federal prosecutors have already decided you’re guilty. They’ve spent months – sometimes years – building the case before you even knew you were a target. The trial isn’t a search for truth. It’s theater.

Welcome to Spodek Law Group. Our goal is to give you real information about federal criminal defense in New York City – not the sanitized version you find on other websites. We believe you deserve to understand exactly what you’re facing before you make decisions that could determine whether you spend the next decade in federal prison. Todd Spodek founded this firm on one principle: clients deserve the truth, even when it’s uncomfortable. And the truth about federal prosecution in NYC is deeply uncomfortable.

Only 2% of federal defendants go to trial. Two percent. The other 98% plead guilty. This isn’t because 98% of defendants are guilty. It’s because the system is engineered to make pleading guilty the rational choice. Defendants who go to trial and lose receive sentences three times longer than those who plead guilty. Three times. The government calls this the “trial penalty” and pretends it doesn’t exist. But every federal defense attorney in New York knows it’s real. Exercise your constitutional right to make the government prove its case, and you’ll pay for it with years of your life.

The 97% Reality Nobody Wants to Hear

Heres the part that makes defense attorneys lose sleep. The federal conviction rate isn’t just high – it’s designed to be high. Federal prosecutors don’t bring cases they might lose. The Department of Justice measures success by conviction rate, so Assistant US Attorneys only indict when they’re certain they’ll win. This creates a self-fulfilling prophecy. By the time you’re indicted, the government has already analyzed your bank records, interviewed your associates, obtained your emails, and probly talked to cooperating witnesses who are desperatly trying to reduce their own sentences by implicating you.

Think about what that 97% number actually means. If you go to trial in federal court, you have a 3% chance of acquittal. Three percent. You have better odds at a casino. But heres the hidden connection nobody talks about. You’re not really choosing between trial and guilty plea. You’re choosing between a 3% chance of freedom with massive downside risk, versus a guaranteed conviction with a shorter sentence. The math is brutal. The system is designed this way.

I’ve seen this pattern destroy people. A business owner in Manhattan gets raided by the FBI. They hire an expensive attorney who tells them to fight. Eighteen months later, they’re sitting in federal court watching the jury come back with a guilty verdict. The judge – who was going to give them 36 months if they pled guilty – now gives them 108 months becuase they “wasted the court’s time.” That’s not an exaggeration. That’s the trial penalty in action. The punishment for exercising your constitutional rights is measured in years.

How Federal Cases Actually Work in NYC

Most people don’t understand how federal prosecution actualy operates. They think it works like state court – you get arrested, you get a lawyer, you go to trial. The reality is completly different and far more dangerous.

New York City has two federal districts. The Southern District of New York (SDNY) covers Manhattan, the Bronx, and counties north. The Eastern District of New York (EDNY) covers Brooklyn, Queens, Staten Island, and Long Island. Both are among the busiest and most aggressive federal prosecutors offices in the country. SDNY calls itself the “Sovereign District” because it operates so independently from Main Justice in Washington. That independance means they’re not afraid to take on anyone – politicians, billionaires, international criminals. Bernie Madoff. Sam Bankman-Fried. Michael Cohen. El Chapo. If you’re facing federal charges in NYC, you’re facing the most experienced and well-resourced prosecutors in the federal system.

But heres the system revelation that changes everything. Your case outcome is largely determined by which Assistant US Attorney gets assigned. This is basically random. Some AUSAs have near-100% conviction rates and refuse to negotiate. Others are more willing to work out reasonable plea deals. Some specialize in certain crimes and know every weakness in those cases. This random assignment shapes your fate more than the actually evidence does. The prosecutor matters more than the facts.

The sentencing guidelines are another hidden machine. Federal judges use a mathematical formula: offense level plus criminal history equals sentencing range. Judges punch in numbers like a calculator. Your fate is determined by a spreadsheet before you walk into court. Sure, judges can depart from guidelines – but 80% of sentences fall within them. The guidelines aren’t advisory. They’re the ball game.

Todd Spodek has handled hundreds of federal cases, and the pattern is always the same. The investigation runs for months or years before you know about it. Grand jury subpoenas go out. Witnesses get interviewed. Your financial records get analyzed. Co-conspirators start cooperating to save themselves. Then – and only then – they come knock on your door. By that point, the case is 90% built. You’re playing defense from behind, and they’re winning.

The Cooperation Trap

If you’re under federal investigation, a prosecutor might offer you something called a “proffer session” – sometimes called Queen for a Day. It sounds helpful. Come in, tell us your side of the story, and we’ll consider it when deciding wheather to charge you or how to sentence you. This is one of the most dangerous moments in any federal case.

Heres the thing about proffer sessions that defense attorneys know but clients don’t. Cooperation requires admitting guilt BEFORE you know what sentence you’ll get. You surrender your leverage before negotiations even begin. You confess everything – hoping the government will reward your honesty – but those confessions can be used against you if the deal falls through. The path to freedom requires handing prosecutors the ammunition to destroy you.

OK so lets break down how this actually works. You walk into the proffer. You tell them everything. You name names. You explain your role. You give them information they didn’t have before. Then one of two things happens. Either they decide your cooperation was “substantial” enough to earn a 5K1 letter recommending reduced sentence – or they decide it wasn’t, and now they have your full confession on record. There’s no in-between. Either you helped them enough or you didn’t.

The “substantial assistance” standard is completely subjective. I’ve watched clients cooperate fully and still not receive the sentence reduction they were promised. The government decided their information wasn’t valuable enough. Or someone else cooperated better. Or the prosecutor just didn’t feel like recommending departure. And now my client is stuck with both a guilty plea AND a guidelines sentence – the worst of both worlds.

Look at Michael Cohen. Trumps former attorney cooperated extensively with federal prosecutors. He gave them documents. He testified. He provided information they needed. His reward? Three years in federal prison. Cooperation dosent guarantee freedom. It guarantees a guilty plea and hope for the best.

Why Timing Is Everything

The single biggest mistake people make in federal cases is waiting. They wait until they’re charged. They wait until they’re arraigned. They wait until their attorney tells them the plea deadline is next week. By then, 90% of their options have evaporated.

Heres why timing matters so much. The “acceptance of responsibility” reduction in federal sentencing guidelines – worth 2-3 levels, which can mean years off your sentence – has a deadline. If you don’t plead guilty early enough, you don’t get it. The discount for admitting guilt is literally built into the sentencing math, but it expires. Wait too long, and you pay full price.

The investigation phase is actually when most federal cases are won or lost. This is before charges. Before indictment. Before anyone except you and the government knows you’re a target. A skilled federal defense attorney can intervene during investigation – meeting with prosecutors, presenting exculpatory evidence, convincing them not to charge. Once you’re indicted, that window closes. The train has left the station.

Alot of people don’t realize they’re under investigation until it’s too late. But there are warning signs. Federal agents interviewing your employees or business associates. Grand jury subpoenas going to your bank. A former partner who suddenly gets real quiet because their attorney told them not to talk to you. If you see these signs, you probably have weeks or months – not years. Every day you wait is a day the government uses to build their case stronger.

There’s an uncomfortable truth here. By the time you know you’re being investigated, the government has probably been investigating for months. They have documents you forgot existed. They have emails you deleted (but your provider kept). They have witness statements from people trying to save themselves. The case against you is substantially complete before you enter the picture.

The Trial Penalty They Dont Tell You About

The Constitution guarantees your right to trial by jury. What it dosent tell you is that exercising this right will cost you dearly if you lose.

Defendants who go to trial in federal court and lose receive sentences aproximately three times longer than defendants who plead guilty to identical conduct. This isn’t accident. It’s policy. The federal system is designed to encourage guilty pleas – and it works. 98% of federal defendants plead guilty because the math makes trial irrational.

Let’s do the math that keeps defense attorneys up at night. Say your guidelines calculate to 36-47 months if you plead guilty and accept responsibility. That’s already three to four years in federal prison. But if you go to trial and lose – which happens 97% of the time – those same guidelines jump to 57-71 months because you don’t get the acceptance reduction. Plus the judge might tack on additional time for “wasting court resources.” You’re looking at potentially double the prison time for exercising your constitutional right.

Sam Bankman-Fried found this out the hard way. The FTX founder went to trial in SDNY – one of the few federal defendants who actualy exercised his right to jury trial. He lost. Judge Kaplan sentenced him to 25 years. Would he have gotten less if he cooperated and pled guilty? Almost certainly. But he rolled the dice on that 3% chance of acquittal. The dice came up snake eyes.

Heres the consequence cascade nobody mentions. Going to trial → losing (97% likely) → no acceptance of responsability credit → trial penalty → judge annoyed at “wasting court time” → sentence at high end of guidelines or above. Every step of that cascade was predictable. The system is designed to produce exactly this outcome.

I tell clients the same thing every time. You’re not deciding whether you’re innocent or guilty. You’re deciding how much risk you’re willing to accept. A 3% chance of freedom versus a guaranteed shorter sentence. That’s the calculation. The constituiton gives you the right to trial. The system makes sure you pay for using it.

NYC Cases That Show Whats Coming

The Southern and Eastern Districts of New York handle the highest-profile federal cases in the country. These cases show exactley what defendants face.

Bernie Madoff ran the largest Ponzi scheme in history – $65 billion in fraud. SDNY prosecuted him. His sentence: 150 years. He died in federal prison in 2021. Madoff actualy pled guilty – there was no trial. Even cooperation and guilty plea resulted in a sentence designed to ensure he would die behind bars. That’s what federal prosecution looks like at the extreme.

Sam Bankman-Fried was the crypto billionare behind FTX. When his exchange collapsed, SDNY charged him with fraud and conspiracy. Unlike most federal defendants, he went to trial. The jury deliberated less than five hours before convicting him. Judge Kaplan sentenced him to 25 years. Bankman-Fried is 32 years old. He’ll be 57 when he gets out – assuming he serves full term. This is what the trial penalty looks like.

Michael Cohen was President Trumps personal attorney. He cooperated extensively with federal prosecutors, providing documents and testimony. His cooperation was “substantial” by any reasonable measure. His sentence? Three years in federal prison. Cohen thought cooperation would earn him leniency. The government thought otherwise.

El Chapo – Joaquin Guzman – was extradited to face charges in EDNY. His trial lasted three months. The jury convicted him on all counts. His sentence: life plus 30 years. Hes now at ADX Florence, the federal supermax. He’ll never breathe free air again.

Notice the pattern? These cases span from financial fraud to drug trafficking. What they share is outcome. Madoff pled guilty – died in prison. Bankman-Fried went to trial – 25 years. Cohen cooperated – three years. El Chapo fought extradition and trial – life without parole. The federal system grinds everyone down. The only variable is how long it takes and how much time you serve.

There’s another pattern worth noting. Every single one of these defendants had expensive legal representation. Madoff had prominent white collar defense attorneys. Bankman-Fried hired former federal prosecutors who specialise in financial crimes. Cohen had multiple lawyers working his case. El Chapo had a defense team that included some of the best criminal lawyers in the country. Money bought them the best defense available. It didn’t change the outcome. The federal conviction machine ground them all down regardless.

The prosecutors handling these cases – the SDNY and EDNY fraud units, public corruption units, organized crime units – are experianced and relentless. They’ve seen every defense strategy. They know how to flip witnesses. They know how to use cooperators. By the time they indict you, they’ve already gamed out your most likely defenses and prepared responses.

What You Need to Do Right Now

If you’re reading this article, you’re probly in one of three situations. You suspect you’re under federal investigation. You’ve been contacted by federal agents. Or you’ve already been charged. Each situation requires a different approach, but all of them require acting immediatly.

If you suspect you’re under investigation: Look for the warning signs. Agents talking to your employees or business partners. Subpoenas to your bank or accountant. A business associate who suddenly stops communicating. If you see these signs, hire a federal defense attorney NOW – not when you get charged. The pre-indictment phase is when the most options exist. An experianced attorney can sometimes prevent charges entirely.

If federal agents have contacted you: Do not speak to them without an attorney present. This is not optional. Anything you say will be used against you. Agents are trained to seem friendly while gathering evidence. Be polite, provide your attorneys contact information, and say nothing else. The Fifth Amendment exists for a reason.

Heres what happens when you talk to agents without a lawyer. They seem helpfull. They’re just trying to “clear things up.” They tell you this is your chance to explain your side. What they’re actualy doing is building the case. Every word gets recorded. If you contradict yourself – even accidently, even through genuinly misremembering – that’s evidence of consciousness of guilt. If you lie, that’s a seperate federal crime under 18 USC 1001. The interview isn’t fact-finding. It’s evidence gathering.

If you’re already charged: The calculus becomes about damage control. Your defense options include challenging the government’s evidence, negotiating a favorable plea, deciding wheather cooperation makes sense for your situation, and preparing for sentencing if conviction is likely. The right strategy depends on specificly what you’re charged with and what evidence exists.

One thing to consider about representation. Federal public defenders are often excellent attorneys who know the system intimatley – they’re in federal court every day. But they carry caseloads of 150+ clients each. Private federal defense attorneys average 15-20 active cases. The expertise might be comparable. The attention to your case won’t be.

Spodek Law Group has defended clients facing federal charges in both SDNY and EDNY for years. We understand how these prosecutors operate. We know which strategies work and which get crushed. We know when to fight and when to negotiate. And we know that in federal cases, early intervention often determines wheather someone serves 3 years or 10 years for identical conduct.

The consultation is free. The cost of waiting isn’t. Call us at 212-300-5196. The investigation is already underway. The only question is wheather you get in front of it or let it run you over.