Notable Cases | Nishay K. Sanan, Esq.

USA	V. FORD	Wire/Mail Fraud	3 Defendants were charged with numerous counts of mail and wire fraud based upon a scheme to defraud homeowners and mortgage lenders. At trial Mr. Sanan's client was acquitted of several counts. While the other 2 defendants received 22 and 15 years, Ms. Ford was sentenced to 4 years based upon a loss amount of 6 million dollars attributable to all defendants. Mr. Sanan also successfully argued against the application of an obstruction of justice enhancement based upon his client's testimony at trial.
USA	V. ESCHAVIA	Medicaid/ Medicare Fraud	Charges dismissed prior to indictment. This case involved alleged commissions paid for referrals of new patients to home health care program.
USA	V. RN Distribution	Tax Fraud/ Structuring	After Governments investigation into structuring of bank transactions, and Mr. Sanan's early intervention on behalf of his client, Government did not indict.
USA	V. XXXX	Medicaid/ Medicare Investigation	Client, concerned about an audit, contacted Mr. Sanan, who was able to intervene at an early stage and obtained a favorable esult for his client.
USA	V. AGEE	Large scale drug conspiracy	Sentence reduced by 90 months
STATE	V. XXXX	Aggravated Sexual Assault	Dropped to probationable crime and no sex offender registration
STATE	V. REOLA	Firearms, drugs & Armed Violence	All major charges dropped-- Cook Boot Camp
USA	V. BANDARI	Immigration Fraud	Facing five years, sentenced to 6 months
USA	V. BRADLY	Drugs & Guns	Original attorney plead client to use of a firearm in furtherance of drug trafficking and did not inform client he was a career offender facing over 20 years in prison. Nishay K. Sanan, Esq. tried to have plea withdrawn in district court arguing that the facts as stated in plea do not rise to the crime charged. After the district court denied the motion, it sentenced Bradley to 262 month. On appeal, the 7th Circuit Court of appeals reversed and remanded allowing the withdrawal of the plea. Bradley eventually received 84 months.
NYSE	V. XXXXX	Investigation into possible violations of NYSE rules or other applicable regulations and laws in connections with the sale of variable annuities	Matter resolved without sanctions, fines or censure
USA	V. COLEMAN	Book Making	Received probation
USA	V. EDWARDS	Crack Cocaine	In the district court, Nishay K. Sanan, argued that the narcotics were not crack but rather cocaine base and therefore the 10 year mandatory minimum did not apply. After a hearing with a battle of experts, the district court found that the substance was not crack but rather cocaine base, but still sentenced Edwards to the 10 year mandatory minimum stating that this was a matter of first impression in the 7th Circuit. On appeal, the 7th circuit reversed the district court stating the "all crack in cocaine base but not all cocaine base is crack" therefore the 10 year mandatory minimum was not applicable. On remand, Edwards was sentenced to time served (approximately 15 month).
STATE	V. KEYS	Nigerian Check Scam	Charges dismissed on day of trial.
STATE	V. MOORE	Assault	Motion to dismiss charges granted.
IL SEC	V. XXXXX	Alleged improper sales of "Life Contracts"	Consent decree without admissions of any violations.
STATE	V. XXXX	Disorderly conduct conviction	Reverse and dismissed by IL Appellate Court based upon insufficient evidence
USA	V. SHELBY	Crack Cocaine	Facing a mandatory minimum of 10 years, after trial, Shelby was found guilty of cocaine base not crack, therefore sentenced under the cocaine guidelines without a mandatory minimum.
USA	V. SHUBI	Federal Arson (5 yr mandatory minimum	Over Nishay K. Sanan's numerous objections and request for mistrials, trial court sent hung jury back to deliberate several time (even after they stated that it would be unfair to both the defendant and jury to continue to deliberate) eventually convicting Shubi. However, upon filing post trial motions, Nishay K. Sanan was successful in having conviction overturned then negotiating dismissal of Arson charge for mail fraud and time served.
USA	V. VERTHEIN	Ecstasy Pills	Cased dismissed on the eve of trial after Nishay K. Sanan discovered the Government's failure to tender certain discovery in its possession.
USA	V. GUERRA	Large drug conspiracy	The trial court dismissed the case after the close of the Government's evidence finding that no reasonable trier of fact could find Guerra guilty of the charged conduct. All other co-defendants either plead guilty or were found guilty at trial.
USA	V. GARCIA	Large drug conspiracy	Charges dismissed at preliminary hearing.
USA	V. WALSH	Theft of IRS checks from mail	Facing jail time under the sentencing guidelines, Nishay K. Sanan successfully argued for probation.
USA	V. WHITE	Solicitation for murder	Head of the Neo-Nazi party in the U.S., White posted, that name and address of the jury foreman in White Supremacist Mathew Hale's trial, on his web- site. Arguing the First Amendment and protected free speech, the district court dismissed the charge, prior to trial.
USA	V. PANSIER	Tax fraud	Offered a 5 to 7 year plea deal before trial, Nishay K. Sanan was successful at trial of knocking out the most serious tax fraud charges that would have resulted in a sever sentence. Pansier was sentenced to 2 years.
USA	V. TURNER	Threat to assault or murder federal judges	"Shock Jock" Hal Turner was charged with threatened to assault and murder three United States judges with intent to retaliate against such judges on account of the performance of their official duties. Nishay K. Sanan and co-counsel were able to shut down the government's case and have a large amount of the Government's evidence excluded from the trial. The jury came back hung with a 9 to 3 vote to acquit Mr. Turner.
USA	V. TURNER (Retrial)	Threat to assault or murder federal judges	"Shock Jock" Hal Turner was retried in March 2010. This time, in an unprecedented move, the Government called all three 7th Circuit Judges, who were allegedly "threatened" by the editorial published by Turner, to the stand. Attorney Nishay K. Sanan, even after the three judges stated they felt threatened, was able to convince jurors that the judges testimony was irrelevant. After several days of deliberations, the Jury could not come to a unanimous decision and a mistrial was declared.
STATE	V. JOHNSON	Drug possession	Case dismissed after suppression hearing.
STATE	V. XXXX	Aggravated domestic violence	Accused of firing a shotgun at his gay lover, client was found not guilty at trial.
USA	V. $65,740	Forfeiture action	Government conceded and returned $65,740.00 that were seized from a safe deposit box in a drug conspiracy investigation.
USA	V. IHMUD	Counterfeiting	Charges dismissed prior to indictment of co-defendants.
USA	V. LUNA	Embezzlement	Received probation on serious claims of Embezzlement from a bank.
USA	V. HERERRA	Large drug conspiracy	Charges dismissed prior to indictment of co-defendants.