Federal investigations, indictments and sentencing
Defending federal cases in New York and New Jersey
Federal prosecutions move differently from state cases. Investigations often run for months before anyone is charged, prosecutors arrive with agents' reports, recorded calls and financial records, and sentences are shaped by the United States Sentencing Guidelines. The decisions you make early — often before you are charged — can matter most.
Usher Law Group represents people who are under investigation or charged in federal court. Our founding attorney, Mikhail Usher, is admitted in the U.S. District Courts for the Eastern and Southern Districts of New York and the District of New Jersey, and before the U.S. Courts of Appeals for the Second and Third Circuits.
When to call a federal defense lawyer
- Federal agents — FBI, HSI, DEA, IRS Criminal Investigation, Postal Inspectors or an Inspector General's office — contacted you or came to your home or business
- You received a grand jury subpoena or a target letter
- A search warrant was executed, or your phone, computer or records were seized
- You were arrested on a federal complaint or indictment
- You are on federal supervised release and have been accused of a violation
You have the right to decline an interview and to have a lawyer present. Statements made to agents without counsel can be difficult to undo, and a false statement to a federal agent is itself a crime.
Federal charges we handle
- Wire fraud, mail fraud and bank fraud
- Health care fraud and government-benefit fraud, including pandemic-era PPP and EIDL loan cases
- Money laundering and structuring
- Conspiracy
- Identity theft and aggravated identity theft
- Drug distribution and trafficking
- Firearms offenses
- Immigration-related crimes, including illegal reentry and document fraud
- Tax offenses and other white collar crimes
How a federal case unfolds
Investigation and pre-charge representation
If you learn about an investigation before charges are filed, counsel can communicate with the prosecutor, respond to subpoenas, protect privileged material and, where appropriate, present information that may influence charging decisions.
Arrest, initial appearance and detention
After a federal arrest you appear before a magistrate judge, who decides under the Bail Reform Act (18 U.S.C. § 3142) whether you can be released and on what conditions. A well-prepared bail package — responsible sureties, a stable residence, employment and a clear plan — can make a real difference.
Indictment, discovery and motions
Most federal felonies are charged by grand jury indictment. We review the government's discovery, investigate independently, and file motions the facts support — including motions to suppress evidence from unlawful searches and statements taken in violation of your rights.
Plea negotiations and cooperation
Many federal cases resolve through plea agreements. Before any plea you should understand the likely Guidelines range, any mandatory minimum sentence, forfeiture and restitution exposure, and the collateral consequences — especially immigration consequences for noncitizens. Proffer sessions and cooperation agreements carry significant risks as well as potential benefits, and should only be considered after careful advice.
Trial
When a case should be tried, we prepare it to be tried: testing the government's witnesses and evidence, presenting the defense and preserving issues for appeal.
Sentencing
The Sentencing Guidelines are advisory, and judges must consider the factors in 18 U.S.C. § 3553(a). Effective sentencing advocacy presents the whole person — history, family responsibilities, health, work and the circumstances of the offense. Where they apply, we pursue relief such as the "safety valve" under 18 U.S.C. § 3553(f) and credits available under the First Step Act.
Noncitizens charged with federal crimes
Many federal offenses — including fraud involving substantial losses, drug trafficking and illegal reentry — can lead to removal from the United States or bar immigration relief. Because our firm also practices immigration law, we analyze the immigration consequences of every charge and every plea offer before you make a decision.
After a federal conviction
If you have already been convicted, options may include a direct appeal to the Court of Appeals, a motion under 28 U.S.C. § 2255 to vacate or correct the sentence, or a writ of error coram nobis if you are no longer in custody. See motions to vacate a conviction and criminal appeals.
Frequently asked questions
Should I talk to federal agents if they contact me?
You are not required to answer their questions, and anything you say can be used as evidence. A false statement to a federal agent is a separate crime under 18 U.S.C. § 1001. The safest course is to politely decline and speak with a lawyer first.
What is a target letter?
A target letter is a notice from a federal prosecutor that you are a target of a grand jury investigation — a person the prosecutor believes there is substantial evidence linking to a crime. It is an important moment to retain counsel, who can communicate with the government on your behalf.
Are the federal Sentencing Guidelines mandatory?
No. Since United States v. Booker (2005), the Guidelines are advisory. Judges calculate the Guidelines range and then weigh the factors in 18 U.S.C. § 3553(a). Statutory mandatory minimum sentences still apply unless an exception, such as the safety valve, is available.
Will a federal conviction affect my immigration status?
It can. Many federal offenses are treated as aggravated felonies or crimes involving moral turpitude under immigration law and may lead to removal or make a person ineligible for relief. Noncitizens should have the immigration consequences of any plea analyzed before accepting it.
Which federal courts do you appear in?
Our founding attorney is admitted in the U.S. District Courts for the Eastern and Southern Districts of New York and the District of New Jersey, and in the U.S. Courts of Appeals for the Second and Third Circuits.