Description: White Plains, New York criminal defense lawyer represented the Defendant charged with conspiracy to defraud the United States, bank fraud, and mail fraud.

18 U.S.C. 371 provides:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

Outcome:
IMPRISONMENT: Sixty (60) months as to Count(s) One and Six of Indictment S2 19 CR 00547 (CS) to run concurrently with each other; Seventy-two (72) months as to Count(s) Two, Three, and Five of Indictment S2 19 CR 00547 to run concurrently with each other and the sentence imposed on Count(s) One and Six, Twenty-four (24) months as to Count Seven of Indictment S2 19 CR 00547 (CS) to run consecutively with the sentences imposed on the other Count(s) for a total of ninety-six (96) months. Supervised Release for a term of Three (3) years as to Count(s) One, Two, Three, Five, Six, and Seven to run concurrently with each other.

10/23/2023 344 ORDER as to Mehdi Moslem, Saaed Moslem: The Petition is denied insofar as it alleges ineffective assistance of counsel from the failure to move to dismiss on grounds of prosecutorial misconduct before the grand jury and ineffective assistance of counsel from the failure to cross-examine Strauhs regarding false statements in his CPA license renewal application. As the Petition makes no substantial showing of a denial of a constitutional right as to those issues, and as no final order has yet been entered, a certificate of appealability will not issue. See 28 U.S.C. § 2253; Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The remaining claims will be held in abeyance pending the Second Circuit's decision on Petitioners' direct appeals. The Clerk of Court is respectfully directed to: 1) docket this Order in both of the above-captioned cases; 2) terminate ECF No. 328 in No. 19-CR-547; 3) send a copy of this Order to Saaed Moslem, No. 87068-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640; and 4) send a copy of this Order to Mehdi Moslem, 138 Smith Clove Road, Central Valley, NY 10917. (Signed by Judge Cathy Seibel on 10/23/2023) (See ORDER set forth) (Copies mailed on 10/23/2023 to Defendants at: Saaed Moslem, No. 87068-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640 and Mehdi Moslem, 138 Smith Clove Road, Central Valley, NY 10917) (ap) (Entered: 10/23/2023)

Plaintiff's Experts:

Defendant's Experts:

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