LEVITT & KAIZER
Attorneys at Law
Criminal Defense in New York State and all Federal Courts
40 FULTON STREET, 23RD FLOOR
NEW YORK, NY 10038-5077
TEL. (212) 480-4000
FAX (212) 480-4444
RICHARD LEVITT: (917) 562-4000
NICHOLAS KAIZER: (917) 324-4000
ZACHARY SEGAL: (917) 836-3011
Richard W. Levitt is an acclaimed criminal defense lawyer with a national reputation for excellence, whose practice has spanned more than four decades. Focusing on trial and appellate advocacy and post-conviction relief, he is also the author of numerous articles on
criminal law-related topics, and lectures frequently for several organizations. Richard's wide-ranging practice includes the defense of individuals charged with political corruption, RICO, money laundering, capital crimes, drug distribution, fraud, tax evasion and other offenses. He is a past board member of the New York Criminal Bar Association and a past honoree of that organization, as well as a Life Member of the NACDL.
Richard is also the creator of the nationally-renowned judge-rating site, The Robing Room (www.therobingroom.com). He is the author of the 1500-page Second Circuit Criminal Law Sourcebook (North Law Publishers 2021). Richard received his J.D. from the University of Miami and his LL.M. from New York University.
Telephone: (917) 562-4000
Nicholas Kaizer is a nationally -recognized expert in criminal defense, who has appeared in numerous courts around the country. He has lectured attorneys, been recognized as a top criminal defense attorney on television and has been a panelist at the
U.S. Sentencing Commission annual conference, lecturing attorneys, probation officers and judges. concerning bases for non-Guideline sentences.
He enjoys an A/V (exceptional) peer-review rating from Martindale rating service, a 10.0 rating from AVVO.com and is recognized as a "Superlawyer." Mr. Kaizer graduated from Boston University and the University of Miami. and is admitted in New York, Florida and the District of Columbia.
Telephone: (917) 324-4000
Zachary Segal, associate, is a graduate of Touro Law Center, where he was a member of the Touro Law Review, publishing two articles discussing the Sixth Amendment's Right to Effective Assistance of Counsel for non-citizens and the disparate treatment
of cryptocurrencies. He also interned with the Federal Defenders of New York in the Eastern District, Brooklyn Defender Services, the Honorable Joseph F. Bianco (then-United States District Judge for the Eastern District of New York, now Circuit Judge, Second Circuit), and the Honorable Associate Justice Robert J. Miller (Appellate Division, Second Judicial Department). Born in Montreal, Zach attended the University of Ottawa where he double-majored in political science in history. After graduating, he worked at the Aleph Institute, a nationally recognized prisoner’s right organization, where he advocated for the religious rights of inmates. Zach is working on a treatise covering compassionate release applications under 18 U.S.C. § 3582. Zach speaks French and is conversational in Spanish and Hebrew.
Telephone: (917) 836-3011
Emily Golub, Esq., of counsel for Levitt & Kaizer, is a graduate of New York University School of Law, where she interned with the Federal Defenders of New York in the Southern District and served as a Student Attorney in NYU’s Federal Defender Clinic. She was also a Student Instructor for
for NYU’s Prisoners’ Rights and Education Project. Ms. Golub has gained broad-based experience in both criminal defense and civil litigation, researching and writing numerous arguments at both the trial and appellate levels, in both the state and federal courts, and has gained substantial experience navigating the procedural intricacies of state civil practice. Ms. Golub received her undergraduate degree from Northwestern University.
Telephone: (646) 725-5079
We have a national reputation for aggressively defending those accused of crimes. We have many years of experience with expertly defending and guiding individuals through all aspects of a successful criminal defense.
Investigation, Subpoenas and Summons
We respond rapidly and effectively to all government request for information; whether criminal subponea, tax summons or a field agent's informal inquiry. We quickly evaluate the facts and, with our client's input, decide on the best course of action. Often, our quick response prevents a client from even being charged, or maximizes the probability of a favorable outcome for our client.
State and Federal Arrests and Prosecutions
From the moment we receive the first call, we will fight for our client's freedom. We will seek reasonable bail or release on recognizance. After our clients are released, the investigative phase of our representation begins. Our legal team delves into police reports, obtains forensic testimony, and identifies weaknesses in the prosecution’s case. We work closely with our clients, discussing events and gathering details that are important to the defense. Late nights and hard work are an important part of our approach which also opens doors to uncovering vital evidence and can pave the way to a successful outcome. We will also work closely with experts to identify and develop weaknesses in prosecution's case and use those weaknesses to our client's advantage.
Pretrial motions can make or break your case. Preparing and filing persuasive pretrial motions may obviate the need for a trial and may well determine the outcome of the case. We have prepared, filed and litigated thousands of pretrial motions including motions to dismiss, to suppress evidence or statements unlawfully obtained, motions for discovery and motions for confidential informant information, among many many others. The motion process even continues through the trial with motions on the eve of trial, during trial and after trial, if necessary.
We have prepared and litigated thousands of such motions, helping thousands of clients charged with serious state and federal offenses. Pretrial motions make a difference and having Levitt & Kaizer at your side as your counsel levels the playing field.
Levitt & Kaizer is known for our aggressive approach to trials. We prepare for trial thoroughly and will know more about the prosecutor's case than the prosecutor once we begin the trial. We aggressively seek early discovery of trial materials in our trial preparation and use experts and investigators to secure our own evidence and witnesses. We are always honest and open with our clients and their legal options and never make false promises. Our reputation, and recognition among fellow attorneys, speaks for itself. We have secured numerous not guilty verdicts for our clients and will be ready and able to defend your interests at trial, if necessary.
Some attorneys view sentencing as an afterthought. We view sentencing as one of the most important parts of a client’s legal representation. Since the implementation of the federal sentencing guidelines and mandatory state sentencing schemes, sentencing has become an important part of the criminal process. We take sentencing seriously and will do everything in our power to fight for an alternative or minimal sentence.
We begin preparing for sentencing early in the process, often months before the client is scheduled to be sentenced. We spend significant time interviewing the client, as well as any witnesses who may be able to provide mitigation testimony for the client at sentencing. We instruct the client on how to gather character letters to submit to the judge at sentencing. We diligently research the law and consider all possible arguments for alternative sentences such as probation or community custody. In our sentencing practice, we also consider the possibility of retaining expert witnesses, if such testimony may be potentially applicable in a given case. For example, in a white collar case, an expert may be helpful to establish that a client’s conduct did not cause significant financial loss to the victim(s). For another example, if a client suffers from mental health issues, an expert may be able to testify about these issues as part of an effort to mitigate the conduct.
If you have been convicted of a crime in federal court, you want the assistance of a seasoned federal sentencing attorney who can help you navigate the sentencing process, and who is willing to go the extra mile to fight for the best outcome. We have vast experience in the federal Sentencing Guidelines, having lectured and participated in sentencing courses that instruct attorneys, prosecutors, judges and probation officers in the intricacies of the sentencing guidelines. We will fight for the best possible outcome, before sentence, at sentence and after sentence.
We successfully obtained the early release of numerous clients by convincing the Federal Bureau of Prisons to exercise its expanded authority under the CARES Act to transfer offenders to home confinement. We have been successful in having the wardens of particular institutions release clients well before the end of their terms. We have also successfully brought numerous section 3582 petitions seeking the compassionate release of clients before the district court.
Attorney Zachary Segal has catalogued nearly every compassionate release case in the country and we bring authority and compassion to all such applications. We recently obtained the release from the warden of the MDC of a client after serving only four months of a two-year federal sentence on compassionate release grounds. Our attorneys are well-versed in all grounds supporting compassionate release and are always looking for new avenues to obtain the early release of clients from custody-- whether applying to the Warden or to the district court.
Forfeiture has become an increasingly important tool for prosecutors. Most criminal cases now have a forfeiture component which will seek to forfeit any assets, such as cash, cars, jewelry or otherwise, that were derived from criminal conduct or used to facilitate criminality. Oftentimes prosecutors will refer assets for civil or administrative forfeiture. We have successfully defended criminal, civil and administrative forfeiture cases on behalf of out clients. We know all the nuances of the very intricate and complex state and federal forfeiture laws.
Restitution is mandatory in the federal system. We advocate before sentence is imposed and afterwards so that any restitution order does not bankrupt the client. We have been successful in modifying the amount a client must pay toward restitution after sentence has been imposed and make sure that any restitution order reflects, actual and not speculative damages.
We are among the most active appellate firms in New York, having drafted and argued hundreds of appeals, petitions for habeas corpus in federal courts and motions for new trials in New York Courts.
Richard W. Levitt is an acclaimed appellate litigator who authors the Second Circuit Criminal Law Update, a 1,500 page treatise containing every Second Circuit criminal opinion since 1987. He lectures yearly to the New York Criminal Bar Association concerning appellate practice in the Second circuit. Spanning a career of more than three decades of practice, we have successfully argued numerous appeals, motions for new trials and petitions for writs of habeas corpus.
CIVIL LITIGATION, WRONGFUL CONVICITON
We have represented clients charged in a wide-range of civil litigation from civil racketeering, civil rights violations, personal injury (defense and prosecution) , copyright infringement and fraud. We have represented corporations in the music/entertainment industry and elsewhere in a wide range of civil litigation.