Extraordinary Dispositions
59. A Federal Misdemeanor for defendant charged in an international multi-million dollar bank fraud scheme originating in in Europe and prosecuted in United States federal district court. An International conspiracy spanning from Europe to the United States, involving aggravated identity theft and theft of banking information of United States citizens travelling abroad. Mr. Dayan negotiated and secured for his client the extraordinary result of a federal misdemeanor and two years probation. (Federal Court for the Southern District of New York, Case No. 10-CR-485-01) REFERENCE #17 IN THE NEWS
60. Federal Probation For Main-Defendant Charged In Over a 100-Million Dollar Money Laundering And Tax Evasion Conspiracy. Defendant was central in the indictment and his arrest along with fifteen co-defendants was vastly publicized in media outlets nation wide. Notwithstanding, defendant’s designation as a “lead defendant” and “owner of four durable medical equipment companies”, and alleged to have been personally responsible for millions of dollars in health care fraud and tax-evasion and the U.S. Sentencing Guideline probation department’s recommendation of 97 months to 120 months of incarceration, Mr. Dayan secured for his client a sentence of federal probation with no incarceration. In this case, even testifying cooperators received incarceratory sentences. (Federal Court for the Eastern District of New York, Case Nos. 10-CR-459-11 and 10-CR-459-01)E.D.N.Y. CLIENT REFERENCE #57 IN THE NEWS
61. Federal probation for main-defendant charged by a Manhattan U.S. attorney in a scheme to cheat insurance companies and Medicare out of $163 Million, “The largest fraud by one criminal enterprise in the program’s history” (MSN NEWS). Defendant, alleged owner and manager of several medical office, implicated as a central participant in a multi-million-dollar conspiracy to defraud insurance companies in the New York area by submitting millions of dollars in claims for medically unnecessary treatments. Cooperation was not an option. (Federal Court for the Southern District of New York, Indictment Nos. 10CR918-16(RP), 10-CR-895 (PGG) CLIENT REFERENCE #58 IN THE NEWS
62. Federal Conditional Discharge, (no Jail and no probation), for central-defendant charged in over a hundred-million-dollar Money Laundering and international counterfeit textile fraud conspiracy. It was a global conspiracy stretching from China to the United States involving the exportation and importation by ship-containers of counterfeit textile goods valued in hundreds of millions of dollars and money laundering prosecuted in U.S. Federal Court. Defendant was alleged to have been “second from the top” in the conspiracy. Evidence against defendant consisted of audio recordings, video recordings, co-operating witnesses, undercover agents and thousands of documents. Cooperation was not an option. (Federal Court for the Eastern District of New York, Indictment No.07-663(ERK)(BMC) CLIENT REFERENCE #59 IN MEDIA
63. Federal Probation for defendant indicted on federal counts of fraud in connection to Cyber-Crimes. Pursuant to an arrest by the FBI, defendant was zealously prosecuted. After extensive litigation and sentencing motions and hearings, Mr. Dayan secured for his client a straight probationary sentence with no cooperation. (Federal Court for the Eastern District of New York, Indictment No. ) CLENT REFFERNCE #62
64. Federal Probation for defendant implicated in a federal indictment charging a international distribution of counterfeit U.S. currency scheme. After United Sates Secrete service agents uncovered a wide-ranging importation into the U.S. of U.S. counterfeit currency, defendant was indicted and zealously prosecuted by U.S. Attorney’s Office. After extensive litigation and sentencing motions and hearings, Mr. Dayan secured for his client a probationary sentence with no cooperation. (Federal Court Eastern District of New York) CLIENT REFFERENCE #11
65. Indictment dismissed, for primary physician, lead defendant, in a 140-count Enterprise-Corruption, Money Laundering, Insurance Fraud and Health Care Fraud indictment, in consideration of a single minor misdemeanor plea with no fine and zero dollar restitution.
(New York State Supreme Court) IN THE NEWS
66. Indictment dismissed, for dentist charged with counts of Medicare and Medicaid Fraud, Grand Larceny and related serious charges, in consideration of a single and minor misdemeanor plea. Dentist maintained his license with no suspensions. (New York State Supreme Court) CLENT REFFERENCE #61
67. A 202-count indictment charging lead-defendant with Enterprise Corruption, Money Laundering, Gasoline Fraud, Grand Larcenies, Major Tax Evasion and other serious charges dismissed in consideration of a single misdemeanor plea and conditional discharge (Please See, New York Times, July 12th, 2006). The “leader” defendant, Mr. Dayan’s client, was indicted on all of the 202-count Enterprise Corruption indictment charging him with masterminding and managing the distribution of thousands of gallons of low-grade gasoline as premium grade. It was charged that the enterprise purportedly used violence to implement its control over the industry. Prosecutor had referred to the criminal enterprise in the name of this defendant. After extensive litigation, Mr. Dayan secured for his client the extraordinary result of dismissing the entire 202-count indictment in consideration of a single minor misdemeanor plea with conditional discharge with no fine and no restitution. (New York State Supreme Court, Indictment No. ) CLIENT REFERENCE #1 IN THE NEWS
68. Indictment dismissed, charging lead defendant, major stock holder and CEO of corporation, on 55 counts of Falsifying of Business Records in the 1st Degree arising from filing false multi-million-dollar annual Corporate Tax Returns, in consideration of a plea to a single misdemeanor and conditional discharge. The principle evidence upon which the defendant was indicted were the business and computer records of the corporation and defendant’s personal very incriminating notes, all of which were seized pursuant to a search warrant executed at corporate headquarters and defendant’s personal office. Mr. Dayan was able to secure dismissal of many of the major counts on motion and hearings. Thereafter, he negotiated an extraordinary misdemeanor with conditional discharge to cover all the remaining counts of the indictment. (New York State Supreme Court Indictment No. 2352-2009) CLIENT REFERENCE
69. Indictment Charging Enterprise Corruption And Money Laundering in connection to a 12.5 million dollar Illegal Gambling operation, dismissed in consideration of a single misdemeanor plea and conditional discharge . Indictment charging seventeen others in a 12.5 million dollar joint Genovese and Bonano organized crime family gambling enterprise using offshore gambling websites. (New York State Supreme Court, Indictment No. ) IN THE NEWS
70. Indictment charging Enterprise Corruption in connection to multi-million dollar insurance fraud dismissed in consideration of a single misdemeanor plea and conditional discharge.
(New York State Supreme Court, Indictment No. ) CLIENT REFFERENCE 65
71. Probation for the Lead-Defendant in a multi-million-dollar fraud prosecuted as organized crime: In New York City, 11 people and seven companies were indicted in connection with a scheme that prosecutors said defrauded insurance carriers out of millions of dollars. Doctors, lawyers and others were accused of soliciting accident victims to be treated at medical clinics run and controlled by Mr. Dayan’s client, the lead defendant, was charged as the leader and organizer of the entire operation. After a very complex litigation process, Mr. Dayan secured for his client a probationary sentence. (New York Sate Supreme Court, Queens County. Indictment No. 1914-03) CLIENT REFERENCE #64 IN THE NEWS
72. Board Certified Surgeon Indicted On $26.000.000.00 federal fraud charges “of most egregious health care fraud”, stands to be sentenced to 360 months to life in prison. (Testimony at U.S. Congressional Hearings). Washington based prosecutors from the United States Justice Department forcefully argued for a minimum of 360 months to life of incarceration. After a highly contested sentencing litigation process, including hundreds of pages of sentencing memorandums and hearings, Mr. Dayan secured a thirty-month sentence (approximately 20 months of actual time) for his client, instead of the minimum of thirty years to maximum of life argued for zealously by the government. (Federal Court Eastern District of New York) IN THE NEWS
73. Proprietor of sizable ambulette corporation, targeted by the FBI and Attorney General’s Office, avoids federal and state indictments in an alleged multi-million-dollar Medicaid ambulette fraud scheme:
According to the New York Times, New York State spent over $300 million a year on the ambulette fraud conspiracy. The FBI, Attorney General’s Office, Department of Health and DOT initiated a Criminal Grand Jury Investigation against the owner of one of the largest ambullet companies in New York, established since 1985. The owner of the company was accused of Grand Larceny, participating in an elaborate set of kickback arrangements, billing for rides that were never delivered, and other questionable activity. Mr. Dayan’s independent investigation, presentation of evidence, timely and effective negotiations resulted in avoiding a federal and state indictment and enabled the company to continue operating. (New York State Grand Jury No. 21-07-01172 and Federal Case No. ) CLIENT REFERENCE #66
IN THE NEWS
74. Defendant cleared on charges of embezzlement of millions of dollars worth of diamonds from a Holland based wholesale diamond company. Joint State criminal prosecution and federal civil litigation process alleging embezzlement by defendant of millions of dollars in lose diamonds from a renowned Holland wholesale diamond distribution company. Mr. Dayan secured a complete dismissal of all criminal charges against his client. (Federal Case No. 04 CV2 636 (Casey U.S.D.J.) CLIENT REFERENCE #63
75. Probation for lead defendant in a highly publicized New York County Special Narcotics indictment charging class “A” felony conspiracy to operate a vast ecstasy trafficking organization in New York City (Please See New York Post ). In a highly publicized arrest of defendant, the indictment alleged that, “it was part of the conspiracy for defendant …to receive and distribute Ecstasy…It was part of the conspiracy for defendant to supply Ecstasy to others for distribution to his network of drug dealers and drug customers”. Prosecution alleged 15 overt acts by defendant. Evidence against defendant consisted of a search warrants, intercepted telephone conversations, direct involvement with undercover police officers and co-operating witnesses. After extensive litigation, Mr. Dayan secured for his client an extraordinary disposition of no incarceration and defendant received straight probation. (New York State Supreme Court Indictment No. 2475/2009) CLIENT REFERENCE #70IN THE NEWS
76. Four months with conditional discharge for defendant charged under New York County Special Narcotics Indictment with possession of two kilos of cocaine and a loaded firearm. While under surveillance by undercover agents, defendant received a shipment of two kilos of cocaine from co-operating informant arriving at JFK from Puerto Rico. Upon execution of the search of defendant’s home, NYPD detectives recovered the same two kilos of cocaine along with a loaded firearm. To prevent the arrest of his wife, who was present in the apartment at the time of the search, defendant immediately admitted to knowledge, possession and control of the drugs and the firearm. Cooperation was not an option. (New York State Supreme Court, Indictment No. 06034N/2010) CLIENT REFERENCE #71
77. Central defendant cleared in a New York County Special Narcotics Felony Complaint charging a class “A” felony drug conspiracy in New York Metropolitan Area. Defendant was charged with being the mastermind and acting as the principle in a drug trafficking organization. Cooperation was not an option. The evidence against defendant consisted of undercover NYPD informants, audio recordings and NYPD surveillance. Mr. Dayan secured an extraordinary result in dismissing all charges against defendant prior to indictment. (New York Sate Criminal Court)
CLIENT REFFRENCE #33
78. No criminal conviction for defendant charged with vehicular manslaughter as a result of high speed and reckless driving and leaving the scene of the accident. Defendant’s vehicle fatally struck the victim, a pedestrian crossing the street, at a high rate of speed and did not stop and fled the scene. Immediately after the apprehension of defendant by police, defendant admitted that he was the driver of said vehicle involved in the fatal accident and was not able to produce a valid driver’s license. After extensive litigation by Mr. Dayan, secured an extraordinary result for his client of a none criminal disposition. (New York State Court) CLIENT REFERENCE #72
79. Probation for defendant indicted on multiple charges of Criminally Negligent Homicide, Felony Murder, Arson And Reckless Endangerment. Defendant was indicted for igniting an intentional fire to an apartment building that resulted in a fatality to an innocent tenant. (New York State Supreme Court, Indictment No. 1237-08) IN THE NEWS
80. Probation For Two Brothers Indicted On Arson Charges And Insurance Fraud. Two brothers were indicted on charges of intentionally burning down their New York Freeport Warhorse containing vast inventory of wholesale supplies, in an effort to collect insurance money. Helicopters were utilized to assist the fire department in their struggle with the blaze that had consumed almost the entire block adjacent to a residential neighborhood. After extensive and complex litigation process involving expert’s reports, testimony by Fire Marshals, NYPD Detectives and Investigators from Insurance Company, Mr. Dayan secured for his client a straight probationary sentence with no incarceration. (New York State Supreme, Indictment No. 2394N99) IN THE NEWS
81. Defendant, with alleged mob ties, indicted simultaneously on six different indictments and forty counts charging him as a leader in a multi-million dollar insurance fraud ring set to stand trial. Thirty men and women were Indicted for operating an insurance fraud ring that involved stolen vehicles worth millions of dollars. Lead defendant, Mr. Dayan’s client, who was linked to organized crime by Police Commissioner Kelly, was charged as organizer and leader in the insurance fraud scheme. “He’s a career criminal with ties to the Gambino crime family,” said Kelly. Defendant was a three time predicate felon and was now indicted on six different indictments and forty counts. If convicted, the prospect of 25 to life incarceration on each indictment was imminent. Prosecution relied on testimony of cooperating witnesses, wiretaps, video surveillance and other physical evidence. After a very complex litigation process, considering that defendant was twice predicate convicted felon, Mr. Dayan secured an extraordinary disposition for his client of 40 months to cover all six multi-count indictments. (New York State Supreme Court, Indictment Nos. ) CLIENT REFERENCE #74 IN THE NEWS
82. Lead Defendant, indicted on counts of operating a “High-End” Brooklyn Escort Services”, set to stand trial on a 144-count indictment charging Enterprise corruption. As was reported in the NEW PORK POST, “a high-end Brooklyn escort services that raked in $7 million over three years by dealing sex and drugs to clients who forked over as much as $10,000 per night has been broken up, authorities revealed today in announcing the arrests of 17 people. Named at the top of the 144-count indictment, the lead defendant is represented by Mr. Dayan. Charges include enterprise corruption, promoting prostitution, money laundering and criminal sale of controlled substance. Lead defendant owner, with a predicate federal felony conviction, if convicted is facing up to 25 years in prison. Litigation is currently progress. IN THE NEWS
83. Defendant, Alleged Owner Of Strip-Club, Indicted In Federal Court And Set To Stand Trial On Charges Of “Mob-Run Scheme That Stoked Local Strip Clubs”. United States Attorney for the Southern District of New York in conjunction with “ICE”, “HIS” and “DSS” filed indicted charges against 20 individuals for their participation in a scheme that involved recruiting women from overseas to illegally enter the U.S. to work as exotic dancers at adult entertainment strip clubs controlled by the Gambino and Bonnano Organized Crime Families of La Cosa Nostra. Club-owner, Mr. Dayan’s client, was Indicted on counts of conspiracy to transport, harbor and induce entry of illegal aliens. Litigation is currently in progress. IN THE NEWS
84. “Manhattan U.S. Attorney Announces Bribery Charges Against New York State Assemblyman Eric Stevenson In Connection With Alleged Bribery Scheme ”. Mr. Dayan is currently engaged as defense attorney in connection to Federal Indictment charging his client with participation in an alleged Bribery Scheme and Improper Campaign Contributions. Indictment No. 13CR. 161 (WHP)
85. Multi-Continent, 150-Million Dollar United States Operation That Resulted In The Arrest, Extradition, Trial And an Unjust Conviction Against Russian National Viktor A. Bout. Currently engaged in a highly contested litigation process leading to the United States Court of Appeals. Issues currently litigated in the Court of appeals, In Mr. Dayan’s opinion, are unprecedented in United States legal history. Did the “outrageous”, “vindictive” pursuit of Viktor Bout deny him due process: was the extradition of Viktor Bout from Thailand the product of unlawful intense, coercive political pressure exerted by the United States on Thailand Government: Did the prosecution of Viktor Bout violate the doctrine of “specialty”: Was Viktor Bout convicted of a crime that does not exist, specifically conspiracy to commit reckless murder, and other significant legal points. Case No. 08-CR-365 S.D.N.Y. CLIENT REFERENCE IN THE NEWS