Edward Sapone

Mr. Sapone is licensed to practice law in New York State, admitted by the Supreme Court of the State of New York, Appellate Division, Second Department, as well as the United States Supreme Court, the Courts of Appeals for the Second and Third Circuits, and the United States District Courts for the Southern, Eastern and Northern Districts of New York, District of Colorado, and the Western District of Pennsylvania.  He is routinely admitted pro hac vice in various jurisdictions including New Jersey, Puerto Rico, Florida, California, Connecticut, Nevada, Pennsylvania and Virginia.

Mr. Sapone received a Bachelor of Arts degree from Fordham University and a Juris Doctor degree cum laude from New York Law School, where he was an editor of the International and Comparative Law Journal, and a Member of Distinction of the Moot Court Association. He completed externships for a justice of the New York State Supreme Court, New York County, and for the Deputy Chief of the Criminal Court Bureau of the Bronx County District Attorney’s Office. Mr. Sapone was a contributor to the suppression law section of the 1998 Bench Manual, relied upon by New York State trial judges.

Mr. Sapone was the recipient of the Citation of Honor by the Hon. Helen M. Marshall, President of the Borough of Queens (2009), the Proclamation of Honor by New York State Senator Jose Peralta (2010 and 2014), and the Citation of Honor by New York State Assemblyman Francisco P. Moya (2011), for Mr. Sapone’s legal representation.  Mr. Sapone was also recognized in Super Lawyers, Avvo, VerdictSearch’s Top New York Verdicts of 2010, and the National Trial Lawyers’ 2014 Top 100 Trial Lawyers.

Mr. Sapone is a member of legal bar associations, including the Federal Bar Council, the National Association of Criminal Defense Lawyers, the Association of the Bar of the City of New York, and the New York State Association of Criminal Defense Lawyers. Mr. Sapone served three terms on the Board of Directors (2008-present) of the New York Criminal Bar Association.  He was elected by his peers to two consecutive terms as Treasurer (2008-2012) and his current term as Vice President (2013-present).

Mr. Sapone has appeared as a legal analyst on CNN, Headline News, Court TV, MSNBC, Fox 5, TRUTV, and Univision, as well as international radio broadcast.  He has been a subject of print news and magazines, and his cases have been printed in the New York Times, Wall Street Journal, and numerous New York City and local newspapers.

United States v. A.M., U.S. District Court for the District of New Jersey; Indicted for wire fraud; loss amount between $2,500,000.00 and $7,000,000.00. Three-week jury trial; verdict: hung jury. Trial judge grants Mr. Sapone’s post-trial Rule 29 motion seeking a directed acquittal of all charges. Defendant acquitted, and double jeopardy clause bars re-trial. – article

United States v. Garcia-Reynoso, U.S. District Court for the Eastern District of New York: Two-week jury trial; defendant acquitted of hostage-taking, kidnapping, and conspiracy; convicted of one count of hostage taking and alien transportation; sentenced to 20 years’ incarceration. Appealed to U.S. Court of Appeals, Second Circuit. Hostage-taking conviction reversed. Defendant re-sentenced to time-served. – article decision

United States v. Colon, U.S. District Court for the Eastern District of New York: Charged with distribution of firearms; gained dismissal of complaint.

United States v. Dozortsev, U.S. District Court for the Eastern District of New York: Indicted for money laundering, health care fraud, and possession of marijuana with intent to distribute; Probation’s calculation: 121 to 151 months’ incarceration; plea obtained: 18 to 24 months; sentence: downward variance to probation.

United States v. Maczaj, U.S. District Court for the District of New Jersey: Charged with bribing a public official. Probation’s calculation: 30 to 37 months’ incarceration; plea obtained: 24 to 30 months; sentence: downward variance to probation.

United States v. Pichardo, U.S. District Court for the Southern District of New York: Indicted for 21 U.S.C § 841 (a)(1) narcotics conspiracy; defendant classified as career offender with violent history; Government sought pretrial detention; presumption of pretrial detention; Government proffered evidence of defendant, a career offender, on audiotape engaged in distribution of oxycodone and text message and photograph evidence of heroin distribution; gained bail after hearing; Government appealed; after additional briefing and argument won appeal. Plea obtained: 151 to 188 months; Probation’s calculation: 151 to 188 months’ incarceration; sentence: downward variance to 72 months’ incarceration.

United States v. Jane Doe, U.S. District Court for the Southern District of New York: Indicted for Harboring a Fugitive. Gained deferred prosecution following written submission.

United States v. John Doe, U.S. District Court for the Eastern District of New York: Charged with grade A and C violations of supervised release. Written and oral motions seeking dismissal of charges following defense investigation. Charges dismissed based on finding that defendant was a victim of mistaken identity and did not violate conditions of supervised release.

United States v. Druzhinsky, U.S. District Court for the Southern District of New York: Indicted for unlawful internet gambling and money laundering; plea obtained: 6 to 12 months incarceration; sentence: downward variance to 3months.

United States v. Puissant, U.S. District Court for the Eastern District of New York: Indicted for 21 U.S.C § 841 (b)(1)(A) narcotics conspiracy; plead to 21 U.S.C § 841 (b)(1)(C). Probation’s calculation: 97 to 121 months’ incarceration; plea obtained: 24 to 30 months; total offense level 19 calculated at sentencing, yielding sentencing range of 30 to 37 months; sentence: downward variance to 6 months’ incarceration.

United States v. Elahwal, U.S. District Court for the Southern District of New York: Indicted for violating United Nations Participation Act and Providing Material Support or Resources to Designated Foreign Terrorist Organizations; Guidelines range 10 years to Life incarceration; plea obtained: 41 to 51 months’ incarceration; Probation’s calculation: 41 to 51 months’ incarceration; sentence: 17 months’ imprisonment.

United States v. Presta, U.S. District Court for the Southern District of New York: Indicted for 21 U.S.C § 841 (a)(1) narcotics conspiracy and conspiracy to commit multiple extortions; Government sought pretrial detention; presumption of pretrial detention; Government proffered evidence of more than one hundred thousand kilograms of marijuana being distributed from the West Coast to the East Coast through private jets and two substantive extortion offenses; at bail hearing overcame presumption of detention; defendant released on bail. Plea obtained: 63 to 78 months; Probation’s calculation: 63 to 78 months’ incarceration; sentence: downward variance to 30 months’ incarceration.

United States v. Colon, U.S. District Court for the District of Puerto Rico: Indicted for 21 U.S.C § 841 (a)(1) narcotics conspiracy; Government sought pretrial detention; presumption of pretrial detention; Government proffered evidence of thousands of kilograms of cocaine in conspiracy which defendant personally unloaded from boat traveling from Dominican Republic to Puerto Rico; at bail hearing overcame presumption of detention; defendant released on bail. Plea obtained (21 U.S.C § 841 (b)(1)(B)):  87 to 108 months’ incarceration; Probation’s calculation: 87 to 108 months’ incarceration; sentence: 87 months’ incarceration.

Mr. Sapone serves as a faculty member of the National Institute of Trial Advocacy for which he teaches trial techniques at Hofstra Law School in New York.  He teaches advanced trial techniques, white collar defense, and federal practice to other lawyers in Continuing Legal Education seminars at the New York County Lawyers Association and the Marino Institute of Continuing Legal Education.  Having represented CEOs, broker-dealers, investors, and securities professionals, Mr. Sapone also has lectured for the Association of Certified Fraud Examiners.