Brooklyn, New York – Our client was charged with conspiring to commit money laundering of over $36,000,000, under 18 U.S.C. § 1956, in the Eastern District of New York. The client’s advisory sentencing guidelines, according to the prosecutor’s initial proposed plea agreement sent to the client’s first attorney, resulted in an offense level of 41 and a range of imprisonment of 324-405 months, based largely on the amount laundered and the defendant’s alleged managerial role. The Assistant United States Attorney’s plea agreement capped the client’s exposure at 20 years in prison which was the statutory maximum for that charge. The client refused the plea agreement, relieved his first lawyer and hired Mr. Khojayan and his firm.
We immediately began our work by demanding more evidence including copies of the defendant’s phone and laptop that were seized. We demanded more evidence regarding the cooperators against our client. We had translated and reviewed all of our client’s chats and text messages. We came to realize – and explained to the AUSA – that the client actually played a limited role in the offense. He did not direct people where to deposit funds or how to launder the money. We argued that he simply helped book travel for a few people, despite the cooperators’ claims of his greater role.
The client never cooperated with the authorities throughout the case nor forfeited any assets.
Eventually, the government offered a plea to a different charge, money laundering under 18 U.S.C. § 1957, that capped the client’s exposure to no more than 10 years. The defendant agreed to the plea, with a limited factual basis, and we proceeded to sentencing.
At sentencing, based on his role, the overstated loss amount and the poor confinement conditions at the MDC Brooklyn, the defense asked for a sentence of time served which equated to the 15 months in custody that he had already served.
The government conceded that the defendant was not a coordinator of the depositors of the currency. The government claimed that the defendant helped create fake business records to further the laundering. However, as Mr. Khojayan argued that at most he forwarded one set of business records and there was no evidence on his devices that showed him having created fake documents. Further, Mr. Khojayan argued that the defendant did not admit in the plea agreement any facts that he helped create fake business records, he had only admitted to helping book travel for a few depositors. The government suggested a 60 months (5 years) sentence was appropriate.
After listening to all arguments, the Honorable Brian M. Cogan sentenced our client to 40 months in custody, 1 year of supervised release, no fine, and a $100 special assessment. No forfeiture of assets was sought or ordered.
As our client wrote to us afterwards: “Thank you Shaun thank you very much. You fight the best you can for me. I see it in my own eyes bro. I don’t have too much time left. I hope we can still stay in touch once I’m out of jail. Thanks again Shaun and GOD bless you my
brother!!!!!!!”
