New York Federal Crime Defense: Multiple Federal Districts Explained.

While it is not entirely uncommon for federal crimes to span multiple jurisdictions (and thus the multiple federal districts in New York), the majority of cases will fall within just one of these four districts. While federal agents, including the FBI, DEA, and other agencies, have the ability to operate anywhere in New York, the appropriate federal prosecutor must file charges in the applicable federal district So, to help you understand which district might be handling your case, we have provided a broad overview of the primary federal jurisdictions in New York:

• Southern District of New York (SDNY): While the SDNY is widely known for handling a significant number of high-profile national and international cases, federal criminal enforcement also reaches deep into Manhattan, the Bronx, and Westchester, and includes various neighboring counties as well.
• Eastern District of New York (EDNY): The EDNY’s primary office is in Brooklyn, but its reach also covers Queens, Staten Island, and most of Long Island.
• Northern District of New York (NDNY): The NDNY encompasses the area around the state’s capital, Albany, and extends up to New York’s Canadian border. It includes most of central New York.
• Western District of New York (WDNY): The WDNY includes Buffalo, Rochester, and other Western New York cities.

If you were arrested in one of these districts, or arrested in New York by federal agents who filed charges in one of these districts, it will be vital to develop a targeted defense strategy. The district that is handling your case will determine your case’s venue; and this will, in turn, determine which prosecutors will be assigned to your case, which judge will preside over your matter, and what procedural nuances and defense tactics will prove most effective in protecting your future.

Why Doesn’t an Arrest Location Decide the Federal Venue?

Why does a district assignment matter so much in New York? As we’ve noted above, this is because a district assignment determines your case’s federal venue. And, again, federal venue is one of the most important factors in the development of a federal case. A change in venue can have a substantial impact on the following factors, among others:

• The specific U.S. Attorney’s office assigned to prosecute your case (i.e., your case’s prosecutors)
• The federal judge who is going to preside over your matter
• The federal local rules you will need to follow
• The specific federal courthouse where your proceedings will take place
• The specific courtroom procedures that your case’s federal courthouse will utilize

Because of how important federal venue is, a common question we receive from individuals facing federal criminal prosecution is: “If I was arrested in the Northern District, doesn’t this mean the arrest location does not establish the district where the offense was allegedly committed?” While the Northern District is obviously involved, unfortunately, this is not necessarily the case. In fact, under Federal Rule of Criminal Procedure 18, federal criminal cases are generally pursued in the district where the underlying offenses are alleged to have occurred. However, the location of your arrest does not, on its own, establish the proper federal venue for criminal prosecution. By the same token, while federal law enforcement agencies have office space in every federal district, the location of the office that is investigating (or assisting with) your case is also not sufficient evidence to establish federal venue on its own. Generally, federal criminal jurisdiction is derived from 18 U.S.C. § 3231, though specific federal criminal offenses also carry federal jurisdiction under federal statutes as well.

What Can Federal Investigators Do Before I Learn I Am a Target of Their Investigation?

If you are the target of a federal investigation, there are a number of agencies that could be involved. These agencies include:

• The Federal Bureau of Investigation (FBI)
• The Drug Enforcement Administration (DEA)
• The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• The Internal Revenue Service (IRS)
• Homeland Security Investigations (HSI)
• U.S. Customs and Border Protection (CBP)
• U.S. Immigration and Customs Enforcement (ICE)
• The Securities and Exchange Commission (SEC)
• The Office of Inspector General (OIG)

The federal grand jury is a grand jury selected at random from the community to determine if there is enough evidence to justify a criminal trial in federal district court. The grand jury’s primary role is to provide an indictment, or “true bill,” if it finds probable cause to believe that one or more persons committed a federal offense. This is a critical step in federal investigations because if the grand jury votes for an indictment, the case will move forward to federal prosecution in district court. The grand jury proceedings are confidential, and they generally take place before any indictment is issued. Additionally, the grand jury generally excludes both the accused and their defense counsel, meaning that this stage of the investigation remains secret until it has concluded and the indictment has been issued. As mentioned above, a federal criminal investigation may have been underway for some time before you learn that investigators suspect that you have committed a federal offense. And even if you have had notice, there are many things federal investigators can do during the grand jury proceedings. For example, federal agents will seek evidence including:

• Electronic records
• Financial records
• Documents
• Witness statements
• Intercepted communications
• Testimonies of other federal targets who have pleaded guilty or cooperated
• Testimonies of individuals who are not targets but were involved in the matters at issue

Spodek Law Group is a second generation New York firm. Todd Spodek practices out of the firm his father opened in 1976.

When Can Federal and State Prosecutors Pursue the Same Conduct?

What exactly is a district attorney? A district attorney is a prosecutor who brings criminal charges for violations of the laws of his or her respective state. However, a DA’s authority is generally limited to prosecution in the county, subject to statutory exceptions. When you elect a district attorney, you are electing a county official. Federal prosecutors, however, are not elected county officials. Instead, they are attorneys with the United States Department of Justice, and their authority stems from federal law.

The charges that a federal prosecutor can pursue are also limited. Here, they are limited to violations of federal criminal statutes. This includes violations that infringe on federal property, interfere with federal programs, or involve federal agents. Finally, just like state criminal cases, federal criminal cases can be parallel to other cases in that same jurisdiction (or across the country). Thus, federal prosecutors can pursue criminal charges alongside:

• State criminal investigations
• Civil investigations (e.g., investigations brought by the New York State Attorney General)
• Administrative investigations
• Regulatory investigations

These other matters often fall within the scope of federal prosecution, and a federal prosecutor may seek the involvement of state prosecutors to further the United States’ interests as well. For this reason, if you are the target of a federal investigation in New York, it is crucial to discuss the possibility of facing a state criminal investigation with your attorney.

Generally speaking, the same conduct that triggers a federal prosecution can trigger state prosecution as well. This is because the federal government and the state government are regarded as “separate sovereigns,” each with its own authority to enforce its own laws. Therefore, it is possible for federal and state criminal prosecutors to pursue parallel investigations based on the same underlying conduct.

How Should You Choose Counsel When Your District, Charges, and Sentence All Matter?

When facing federal criminal prosecution, you may have to consider a number of issues from sentencing. The federal sentencing range is determined in accordance with the federal sentencing Guidelines, which set offense levels and criminal-history categories that dictate a sentencing range. However, the Guidelines are merely advisory and are not automatically binding on federal judges. While a federal sentencing judge can impose a sentence below the Guidelines, it will need to be well justified, and the federal prosecutor will fight to ensure your sentence remains within the range. That said, if the mandatory minimum statute that applies to your case requires a statutory minimum sentence, then the federal sentencing judge generally may not impose a sentence below that minimum unless a statutory exception applies, such as the safety valve, or the government moves for a reduction based on substantial assistance under 18 U.S.C. § 3553(e). Finally, with regard to the nature of the federal sentencing ranges, federal sentences can include a number of different sentencing options, including:

• Imprisonment
• Fines
• Restitution
• Probation
• Supervised release

These ranges can all lead to significantly different sentencing outcomes, and you and your defense counsel will advocate for the sentencing outcome most favorable to you. Ultimately, this is all in addition to facing a federal investigation by federal law enforcement agents and a prosecution by a federal prosecutor in a federal district court.

So, how do you choose a New York federal criminal defense lawyer? How do you find the “best” federal defense lawyer in New York City? There is no objective answer. In fact, no source can definitively claim to be the best criminal defense law firm in the city. Ultimately, this is a decision for you alone to make. However, by speaking with several different law firms and thoroughly understanding their approach to federal defense, you can make a confident decision with regard to selecting counsel for your case.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.