Matthew W. Brissenden, P.C.
Attorney at Law

Notable Cases

United States v. Atias, Docket No. CR-14-403

In United States v. Atias, Mr. Brissenden represented an individual charged in Federal Court, in connection with an alleged mortgage fraud scheme.  Following a lengthy investigation, Mr. Brissenden was able to demonstrate that his client’s name had been forged on the mortgage documents, proving that she had no involvement in the alleged scheme.  As a result, all charges were dismissed.

People of the State of New York v. Damien Burton, Docket No. 2014-00083

In People v. Burton, Mr. Brissenden handled the appeal of an individual who had been convicted of multiple felonies, following a convenience store shooting, and was sentenced to twenty-two years imprisonment.  The client maintained that he had been wrongly identified and convicted.  On appeal, Mr. Brissenden was able to demonstrate significant trial errors, which resulted in the conviction being overturned.

https://drive.google.com/file/d/0BwTjPuglJUHeV3MzUm53SVNkQWs/view?usp=sharing


People of the State of New York v. Lawrence Henagin,
Docket No. 2013-07819

Mr. Brissenden represented the defendant on appeal, where he argued that his conviction was the result of an unconstitutional search.  The appellate court agreed, and the defendant's conviction was reversed.  

https://docs.google.com/document/d/18Cm0yAyalRONQmXU25zPq6iZjT01M8IG1LN-cRX-Y2E/edit?pli=1

  
United States v. Ghysels, Docket No. 09-5349-cr

In United States v. Ghysels, Mr. Brissenden represented a stock broker in connection with his appeal from a conviction in a high-profile securities fraud case.  On appeal, Mr. Brissenden argued that federal prosecutors had concealed important evidence which tended to show that the defendant was not guilty, and had pursued an unconstitutional theory of criminal liability.  The United States Court of Appeals for the Second Circuit agreed, and the defendant’s conviction was vacated.  The decision received extensive media coverage (see In the News section below for Wall Street Journal feature).

https://docs.google.com/open?id=0B2Yq49zi3daHd2dYZmdMNXotQ00


Izaguirre v. Lee
, Docket No. 10-CV-3216

In 2010, the defendant was charged with murder following a barroom altercation.  Prior to trial, his lawyer had been offered an eight year plea deal, but was warned by the trial judge that the defendant would be sentenced to 25 years if he failed to take the deal and was convicted.   The defendant maintained his innocence, and insisted on his right to trial.  Following trial, the defendant was acquitted of murder, but convicted of manslaughter.  Nevertheless, the trial judge sentenced the defendant to 25 years, as promised.

Mr. Brissenden represented the defendant after his conviction, and challenged the 25 year sentence as unconstitutionally vindictive.  In particular, Mr. Brissenden argued that the defendant was punished for exercising his constitutional right to trial.  A federal district court agreed, and the sentence was vacated.  The unusual decision received prominent coverage on the front page of The New York Law Journal.

https://docs.google.com/open?id=0B2Yq49zi3daHT0tIWW1xMDcya2s


People v. Eugene
, Docket No 706-2005

In 2004, the defendant, a 15 year old Haitian national, was arrested in Long Island for a series of felony and misdemeanor offenses.  At the time of his arrest, he possessed a false identification, which represented that he was 18 years old.  As a result, he was charged as an adult.  At the advice of his public defender, K.E. pled guilty.

Years later, the defendant settled down in Florida, where he found work, married a U.S. Citizen, and had a child.  In 2011, however, he was picked up by the INS and placed in deportation proceedings based upon his prior convictions.

Mr. Brissenden was retained by his family, and promptly moved to vacate the convictions based upon the fact that the defendant was a minor at the time of the alleged offenses.  Mr. Brissenden enlisted the assistance of the Haitian Consulate, tracked down the defendant’s Haitian birth records, and was able to conclusively demonstrate that he was a minor at the time of the offenses.  As a result, the defendant’s convictions were vacated, and he was subsequently released by the INS.

https://docs.google.com/open?id=0B2Yq49zi3daHNXRHNnBWS216MGc

https://docs.google.com/open?id=0B2Yq49zi3daHZG9WLUFPREQ2Z00


United States v. Mancuso
, Docket No. 01-CR-0074

The defendant, a bookkeeper and office manager, was charged in federal court with stealing close to $600,000 from her former employer.  Mr. Brissenden moved for a dismissal of the case based upon the prosecution’s failure to bring a timely indictment, arguing that important evidence had been lost due to a lengthy period of delay caused by the government.  The Court dismissed the indictment with prejudice.  This highly unusual legal victory was featured on the front page of The New York Law Journal

People v. Pape, Docket No. 2011-1740-cr

In People v. Pape, Mr. Brissenden represented a prominent local attorney in his appeal from a trespassing conviction, which resulted when the attorney’s neighbor (a state trooper), accused the attorney of stepping off an easement and onto the state trooper’s property.  On appeal, Mr. Brissenden utilized property records and video surveillance to argue that the evidence was insufficient to sustain the convictions.  The appellate court agreed, and the conviction was vacated.

https://docs.google.com/open?id=0B2Yq49zi3daHOVk5VDNmYmhMejA


United States v. Mahaffy
, Docket No. 05-CR-613

In United States v. Mahaffy, Stephen Scaring and Matthew Brissenden represented a stock broker charged with multiple counts of conspiracy and securities fraud.  Following an eight week jury trial in Federal Court he was acquitted of 12 of 13 counts.  The jury hung with respect to the sole remaining conspiracy count, which the Government subsequently agreed to dismiss.


People v. Battisti
, Docket No. 01865N-09

In People v. Battisti, Scaring & Brissenden, PLLC represented a New York City Police officer charged with attempted first degree murder.  The prosecution alleged that the defendant had hired a hit man to murder his ex-wife.  The principal prosecution witness was the purported hit man, who had been arrested after assaulting the defendant’s ex-wife, and who had subsequently sought to make a deal with the prosecution by implicating the defendant in the attack.

Prior to trial, Mr. Brissenden successfully moved to suppress evidence which police officers had illegally obtained from the defendant's property.  Thereafter, he spent weeks listening to and dissecting hundreds of recorded jailhouse telephone calls made by the purported hit man.  The recordings, which had never been reviewed by the prosecution, revealed that their primary witness had repeatedly told his friends and family members that the testimony he planned to give at trial was untrue.

Following trial, the defendant was acquitted on all counts.


People v. Green
, Docket No. 4800-2005

Scaring & Brissenden represented the defendant, a high level corporate executive at a global insurance brokerage, who was charged by the New York State Attorney General’s Office in an alleged bid-ridding scheme.  After more than three years of litigation, prosecutors voluntarily dismissed all charges against the defendant.


United States v. Geiger
, Docket No. 07-CR-64

Matthew Brissenden represented an auto-mechanic who had been charged as a member of a far reaching narcotics conspiracy.  Mr. Brissenden met repeatedly with prosecutors and secured a favorable plea agreement for the defendant.   He thereafter prepared a detailed sentencing submission for the Court, which outlined the defendant’s minor role in the conspiracy, his stable employment history, his devotion to his family, and his remarkable efforts at post-arrest rehabilitation.  As a result, the defendant was sentenced to time served (which amounted to several days imprisonment), supervised release, community service, and a fine


People v. Tabei.
, Docket No. 3717/2009 

Mr. Brissenden and Stephen Scaring represented a New York City public official charged with official misconduct.  Messrs. Scaring and Brissenden tried the case in New York County Supreme Court, and the defendant was acquitted of all charges.

In the News:

The Wall Street Journal (click for link)

In a setback for the government, a group of ex-stock brokers and day traders have won a reversal of their criminal convictions from a federal appeals court... ‘We hope that the defendant’s are now given the opportunity to put these charges behind them, and to move on with their lives,’ said Matthew Brissenden, a lawyer for David Ghysels.  ‘These folks have been put through the ringer of not just one, but two federal trials, and they have maintained their innocence all along.  I personally believe it’s time to bring this case to a close.’


Bloomberg News
 (click for link)


“A New York judge dismissed charges against the last three alleged participants in a bid-rigging scheme involving employees of Marsh & McLennan Cos....'It’s a good day for Thomas Green,' his attorney, Matthew Brissenden, said in an interview after the dismissal.
"


Forbes Magazine (click for link)

“Sky Capital’s Ross Mandell Files Appeal And Gets An Ally”


Forbes Magazine (click for link)

“Sky Capital’s Ross Mandell Wins Motion for Bail Pending Appeal”



New York Law Journal  (click for link) 

"New Trial Ordered for Defendant Abruptly Removed From Court"


American Lawyer  (click for link) 

“Mandell’s lawyer, Matthew Brissenden of Garden City, N.Y., argued in his opening appellate brief that the government sensed that its case against Mandell was “on shaky legal ground” after Morrison…”



Law 360 (click for link)

"Convicted Investment Guru Tells 2nd Circuit He Meant No Harm."



What the Clients Have to Say:

“Matthew Brissenden, Esq. achieved excellent results by winning my case at the Court of Appeals. Attorney Brissenden methodically reviewed my original trial case which I had lost to find errors. Attorney Brissenden made compelling arguments to the Court of Appeals and the conviction was overturned because it was not supported by the weight of the evidence. As a fellow attorney I thought my chances were slim for reversal but Matthew Brissenden came through for me.” --Christopher Pape


“Matt is a tremendously compassionate and understanding attorney. His penetrating intellect was able to diffuse the case against me while several co-defendants who were confronted with the same fact scenario weakened at the threats and bluster of the OAG. Matt was able to apply his knowledge of the law to an incredibly complicated fact scenario that was made even more difficult by the testimony of multiple defendants who essentially wound up furthering the interests of the prosecutor. He protected my rights and interests from day one in a very prolonged litigation and I am very grateful to have had him as my defense counsel.” -–T.G.


"Matthew Brissenden is by far one of the best lawyers I have seen, he is so persistent and attentive. I was able to call him at any time of day and he would instantly get back to me. I live in Florida and never met him but felt like he lived down the street, that is how attentive he is. My husband had a tough case with four convictions including a felony that needed to be vacated for immigration purposes. Matthew handled the case properly and quick. He got the charges vacated in a little over a month. Matthew was like an angel for my family and I. Now my husband will be able to stay in this country. I thank God for Matthew Brissenden, to me he is the best lawyer alive." –Rodina Eugene


Disclaimer: The material and information contained on this site is not, nor is it intended to be, legal advice.  You should consult an attorney licensed to practice law in your jurisdiction for advice regarding your individual situation.  Please be advised that contacting us via this website does not create an attorney-client relationship.  Confidential or time-sensitive information should not be sent via this site.

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