Case Results

Assault Case Resolved with Reduced Charges

Recently, a licensed securities industry executive was charged with assault after a fight with his girlfriend. Shortly after the charges were filed in New York County Criminal Court, he violated the order of protection that was issued upon his arrest and arraignment. Wanting to avoid the statutory and professional consequences that would stem from a conviction on either of those charges, and desperate to have the situation behind him, he reached out to a New York criminal defense attorney at Protass Law PLLC for help.

Harlan Protass immediately got to work on the client’s case, and was able to resolve it with a guilty plea to a charge of disorderly conduct – which is a violation, not a crime, under NY law. As such, neither the charge nor the conviction will impact on the client’s securities license and will be sealed entirely after a year.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

No Charges Against Hedge Fund Executive Investigated for Mutual Fund Market-Timing

A hedge fund executive turned to attorney Harlan Protass for representation when he received a subpoena from the U.S. Securities and Exchange Commission (SEC) inquiring into his trading strategy. Because he knew that his client had not violated any law, attorney Protass and his client fully cooperated with the SEC’s investigation. After not hearing from those regulators for almost two years, however, attorney Protass received notice that the SEC was considering the filing of securities fraud charges against his client. In response, attorney Protass prepared a lengthy “Wells Submission” that ultimately persuaded the SEC of what he already knew – that his client had not violated any law, rule or regulation.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Trial Win Against the SEC in Securities Fraud Case

Charged with securities fraud and other related violations arising from his operation of a hedge fund with a unique and somewhat controversial investment strategy, a hedge fund manager turned to SEC lawyer Harlan Protass to represent him in litigation with the U.S. Securities and Exchange Commission (SEC). Attorney Protass tried everything to persuade federal regulators to drop their case. He submitted two “white papers,” three “Wells Submissions,” made numerous presentations and even took appeals to the highest levels of the SEC in Washington, D.C.

However, those regulators would not back down. Attorney Protass, therefore, had no choice but to defend the charges in court. After a three-week trial, an SEC administrative law judge dismissed all charges against the client, who, even today, continues operation of his profitable hedge fund.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Life Without Parole Sentence Reduced to Time Served After 17 Years

The brother of a man convicted of violent RICO (Racketeer Influenced and Corrupt Organizations) offenses (including kidnapping, extortion, and murder) turned to appeals and post-convictions attorney Harlan Protass for advice on reducing his brother’s federal life without parole sentence. Due to the nature of his crimes, achieving any relief was a tall order. Still, attorney Protass found a way. After a 1.5-year campaign, attorney Protass secured a new sentencing hearing for his client, at which he was resentenced to time served. That client walked out of the courthouse approximately 30 minutes later a free man after almost two decades behind bars.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

57-Year Sentence Reduced to Time Served After 19 Years

Appointed by a federal judge to represent a man convicted of three armed car-jackings who was serving a 57+ year sentence, appeals and post-convictions attorney Harlan Protass persuaded federal prosecutors – 19 years after conviction – to agree to vacate two of his client’s convictions and agree to a resentencing hearing, at which his client was re-sentenced to time served. After completing an additional nine months of a New York State sentence still outstanding before his federal conviction, attorney Protass’ attorney Harlan Protass client is now home with his family and working as a productive member of society.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Life Without Parole Sentence Reduced to Time Served After 23 Years

After more than two decades in prison, the sons of a man who had been convicted in the early 1990s for narcotics trafficking, and who was serving a federal sentence of life without parole, turned to NYC appeals and post-conviction litigation attorney Harlan Protass to find a way to get their father home. By examining the file from start to finish, attorney Protass found legal grounds for a new sentencing hearing. By presenting evidence of his client’s full rehabilitation, including letters from prison guards, religious leaders, and family and friends, attorney Protass persuaded a federal judge to resentence his client to time served. That client was home with his family the very next day.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Three-Year Sentence for Wall Street Executive Guilty of Multi-Million Dollar Fraud

A Wall Street executive who caused close to $14,000,000 in losses and personally embezzled more than $3 million faced 78 – 97 months in jail. Through impassioned argument at sentencing, attorney Harlan Protass persuaded a Brooklyn federal judge to impose a sentence of 36 months – less than half of the bottom of her potential prison term.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Charges Against Artist Who Destroyed Hotel Room Dismissed

During the course of an all-night party, a young artist painted the inside of his Manhattan hotel room, causing thousands of dollars in damages. Wanting to avoid a possible conviction for criminal charges, he reached out to Protass Law PLLC for help. By quickly agreeing to pay restitution, attorney Harlan Protass succeeded in achieving the dismissal and sealing of all charges.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

No Charges Against International Executive Investigated for Antitrust / Price Fixing

A Japanese company came under investigation by the Antitrust Division of the U.S. Department of Justice for price fixing. So did a number of its senior executives, one of whom turned to antitrust defense lawyer Harlan Protass for representation. Based on a careful and detailed analysis of his client’s communications with competitors, attorney Protass persuaded federal prosecutors to exclude his client from the list of senior executives identified as having potential criminal exposure. The client was never charged and lives today in retirement in Japan.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

45 Day Sentence for Business Owner Charged with Structuring Checks

A Maine-based business owner was charged with structuring close to $200,000 in checks – an offense for which he faced 46-57 months in federal prison. Wanting to avoid this lengthy term of incarceration, he reached out to NYC criminal defense attorney Harlan Protass. After successfully persuading a judge that his client fell within certain “safe harbor” provisions, attorney Harlan Protass significantly reduced his client’s exposure and ultimately persuaded the judge to impose a prison sentence of only 45 days.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Press & Publications

New York Law Journal

The Ex Post Clause In The Post-‘Booker’ World

An in-depth analysis of federal sentencing guidelines in the wake of United States v. Booker, which rendered those guidelines advisory rather than mandatory.

The Ex Post Clause In The Post-‘Booker’ World

Legal Blog

Securities Litigation: What to Expect in 2019

The statistics on securities class-action lawsuits for 2018 are in and, though some numbers will come as no surprise, there are some trends to watch for in 2019. According to the New York Law Journal, the total number of securities-related class-actions decreased slightly in 2018…

Building-Where-Securities-Litigation-is-a-Concern

Topic: Securities Litigation