Case Results

Vindication for Hedge Fund Manager Charged by SEC

Following a hard-fought three-week trial, Attorney Harlan Protass won complete vindication and dismissal of all charges against a hedge fund manager charged by the U.S. Securities and Exchange Commission with securities fraud relating to the client’s novel trading strategy involving survivors option (i.e., “death”) bonds.

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 Granted “Compassionate Release” After Serving 30 Years of a Federal Life Without Parole Sentence

Robert Panton was arrested in 1991 and convicted in 1994 for his role in running a “spot” that sold heroin for a criminal organization run by notorious New York narcotics boss George “Boy George” Rivera. For his crimes, Panton was sentenced to life in prison without the possibility of parole. Because of the changes to the compassionate release program ushered in by the First Step Act, though, attorney Harlan Protass – after exhausting Panton’s BOP administrative remedies – filed a motion before the Honorable Loretta A. Preska of the United States District Court for the Southern District of New York seeking “compassionate release” and a reduced sentence pursuant to 18 U.S.C. § 3582(c)(1)(A) based on the “extraordinary and compelling” circumstances that Panton presented. And, on August 4, 2020 Judge Preska granted that motion, reducing Panton’s life sentence to time-served after close to 30 years behind bars. More particularly, Judge Preska found that the following grounds justified Panton’s release from prison:

“Over some three decades in high and medium security facilities, Mr. Panton has 1) maintained a good disciplinary record, 2) taken advantage of numerous courses and other opportunities to enable a law-abiding life, 2) evidenced a desire to help the outside community during which he demonstrated incredible empathy and compassion in an encounter with a child sex abuse victim, 4) maintained an exceptional degree of contact with his children, and, 5) unfortunately, developed several serious health issues. Because all of Mr. Panton’s co-conspirators, except George Rivera, the leader of the drug organization, have been released or have release dates, releasing Mr. Panton would avoid a sentencing disparity. Mr. Panton also has a viable post-release plan. The combination of these factors constitutes “extraordinary and compelling circumstances” warranting release.”

Read more about Robert Panton’s compassionate release here.

NYC criminal defense attorney Harlan Protass is a knowledgeable litigator who is not afraid to take on compassionate release cases such as this. If you or someone you love has questions about reducing a federal sentence, contact Protass Law today at 212.45.0335 or use our online contact form to reach out.

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.

Non-Criminal Disposition of Domestic Violence Charges

An executive at a Wall Street bank was alleged to have assaulted his girlfriend by pushing her into a closet – relatively straightforward charges that were complicated because he had been charged with assaulting the same girlfriend less than six months earlier and had violated the Order of Protection that was issued when he resolved those prior charges.

Prosecutors initially sought a misdemeanor plea because it was his second offense involving the same girlfriend. Wanting to avoid the collateral consequences of such a conviction, which could have derailed his lucrative career, that executive sought out New York criminal defense attorney Harlan Protass for help. At his client’s request, Attorney Protass put together a package of out-of-court remedial measures (private therapy for impulse control and counseling for alcohol abuse) that gave the Manhattan District Attorney’s Office comfort that his client was serious about making changes and assuring that no further incidents would occur, thereby paving the way for a non-criminal disposition of the new charges – that is, through a guilty plea to disorderly conduct, which is a violation, not a crime, under New York Law.

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 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.