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Case Results

  • CHARGES DISMISSED Aggravated Identity Theft

    [USA v. T.V.]

    T.V. was a corrections officer who was a passenger in a motor vehicle that was stopped and searched by law enforcement. The officers found stolen/fake credit cards in her purse. T.V. was indicted and charged with aggravated identity theft which carries a 2 year mandatory sentence. Pre-trial investigation revealed that the search of the belongings of T.V. was illegal. Defabio filed a Motion To Suppress the evidence and the government dismissed all charges.

  • CHARGES DISMISSED Assault of a Federal Officer

     [USA v. M.V.]

    M.V., a practicing attorney from Arizona, was returning from a cruise when he and his wife were searched by U.S. Customs in Miami. A fight broke out and M.V. was arrested and charged with assaulting a federal officer. Obviously, as an attorney, any conviction would have jeopardized M.V.’s ability to practice law. After presenting a multi-faceted mitigation package showing the good character and works of M.V. and how the arresting Custom officials overreacted, Defabio was able to convince the U.S. Attorney’s Office to place M.V. in a diversion program which resulted in dismissal of all charges.

  • ALL CHARGES WERE DISMISSED Charged with refusing to comply

    USA v. A.L. Southern District of Florida February 2020

    Client charged with refusing to comply with the lawful orders of a federal official. Attorney DeFabio was able to prove that the orders were ambiguous, and the issuance of the order was not based on accurate facts. All charges were dismissed.

  • NOT GUILTY Conspiracy

    [USA v. C.T.]

    The federal government charged Defendant, and three other coconspirators, with one count of conspiracy to commit involuntary servitude (slavery), one count of obtaining labor by threat of physical restrain, and one count of illegally harboring an alien.The federal government alleged that DeFabio's client held victim at her house and coconspirator’s house for five years as indentured servant working seven days per week, 15 hours per day, without pay. At a highly publicized jury trial, DeFabio established that his client did not participate in the involuntary servitude. DeFabio also established that the victim’s testimony regarding his client's actions was unreliable or false.

  • CHARGES DISMISSED Conspiracy to Commit Bank Fraud

    The federal government indicted DeFabio's client in a thirteen defendant conspiracy to commit bank fraud. He faced an excess of twenty years imprisonment in federal prison. The government alleged that DeFabio's client used his bank account to deposit stolen funds and disperse said funds to coconspirators. After many months of investigation and research Mr. DeFabio showed that his client's account and identity had been stolen by coconspirators. DeFabio used employment records to verify his client's location at the time of various bank transactions. Mr. DeFabio convinced the United States Attorney that his client was innocent and all charges were dismissed.

  • NO JAIL Conspiracy to Commit Fraud

    [USA v. K.G.]

    K.G. was indicted with 8 other individuals in a large scale health care fraud conspiracy. At sentencing, DeFabio was able to prove that her involvement was minimal, that she was taken advantage of by her employers, and that she had cooperated with law enforcement after her arrest. Her sentence of 5 years of probation was ultimately reduced to 3 years of probation.

  • NOT GUILTY Conspiracy to Commit Terrorism

    [USA v. L.L.]

    The United States government charged Mr. DeFabio's client and six other individuals, collectively known as the “Liberty City 7”, with one count of conspiracy to commit acts of terrorism and one count of waging war against the United States of America. The United States government spent over $15 million prosecuting this case, had months of wiretapped phone conversations, and over twenty recorded meetings and numerous recorded conversations between the Liberty City 7 and the confidential informant. This Included a videotaped meeting in a government-controlled warehouse where each of the seven members took an oath of allegiance to Al Qaida. DeFabio spent a year preparing and at a three-month jury trial played specific wire taped conversations of his client establishing that his client was unaware of the other members’ terror activities and that he moved to Atlanta when he became aware of the terror activities. 

  • NO JAIL Conspiracy to Defraud the U.S. Government

    [USA. v. A.C.]

    A.C. was indicted with her fiancé and others for conspiracy to defraud the U.S. government in procuring parts and supplies for the military. DeFabio was able to establish that A.C.’s abusive relationship with her fiancé was the reason she became involved in the conspiracy and that prior to this relationship she had been an honest and hard working single mother. A.C. received a sentence of probation.

  • NO JAIL Conspiracy to Defraud the U.S.; False Statements

    [USA v. V.G.]

    V.G. was a Russian national who was indicted in a conspiracy to defraud the U.S. and making false statements. He was arrested when he attempted to negotiate the sale of arms to a foreign entity. DeFabio was successful in establishing V.G.’s ignorance of the law and that the individuals that sent him to the U.S. to inspect the arms had convinced him that his actions were legal. DeFabio was further able to expedite the process and sentencing so that his client could be released after serving only 60 days. (Sentence of time served)

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