Case Results

Protass Law PLLC Clients Avoid Decades in Prison and Preserve Millions in Assets

A husband and wife who operated IDTFs (Independent Diagnostic Testing Facilities) were recently charged in state and federal court for having operated a large-scale Medicaid fraud, submitting more than $42 million in fraudulent claims for various diagnostic tests (sonograms, neurological tests, and other diagnostic exams). If convicted, they faced decades in prison and the loss of tens of millions of dollars in assets. So they reached out to Protass Law PLLC for help.

NYC criminal defense attorney Harlan Protass was retained as counsel, and immediately got to work on the case. With experience in both New York state courts and the federal criminal justice system, attorney Protass negotiated aggressively on behalf of his clients, who sought to both minimize the risk of long prison sentences and protect their assets from the government’s reach. After leaving nothing on the table during negotiations, attorney Protass reached a pre-trial disposition involving principally four or five years – total – in prison and the forfeiture of $7 million of assets, thereby preserving more than $10 million in client assets.

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.

Protass Law PLLC Client Walks Out of Prison After Serving 27 Years of a Life Sentence

A man convicted of running a large-scale crack cocaine distribution organization in the late 1980s/early 1990s turned to an appeals and post-convictions attorney at Protass Law PLLC for help in seeking a reduced sentence. Because parole does not exist in the federal criminal justice system, a successful outcome was truly a matter of life and death. After getting involved in and conducting a thorough investigation of the case, NY criminal defense attorney Harlan Protass found grounds to get the client back in front of a judge for resentencing. And, at that resentencing hearing, the judge resentenced the client to time served. He walked out of prison that very day a free man for the first time in close to 27 years.

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.

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.

Press & Publications

Detroit Free Press

Federal Sentences and the Stacking of § 924(c) Charges

Attorney Harlan Protass co-authored a piece with a federal inmate about the effects of stacking § 924(c) charges.

Legal Blog

Coming Reforms to New York’s Criminal Justice System

The New York State legislature recently passed sweeping reforms to the operation of the state’s criminal justice system. Those reforms, which become effective in January 2020, will profoundly transform how criminal cases are litigated in the state. Among other things, cash bail has been eliminated…

Justice figurine in front of books belonging to a New York criminal defense lawyer

Topic: Criminal Defense