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New York Wholesale Liquor License Lawyers
Last Updated on: 18th January 2025, 06:28 pm
If you’re here, it’s because you’re dealing with a wholesale liquor license issue—or worse, you’re on the verge of losing it. At Spodek Law Group, we understand how big of a threat that is to your business. Spodek Law Group is a premier, and award-winning, defense law firm with offices throughout Long Island NYC. Our team has experience handling some of the toughest legal challenges nationwide.
Why This Matters
New York’s Alcoholic Beverage Control Law (“ABCL”) controls who can get—and keep—a wholesale liquor license. If the New York State Liquor Authority (“NYSLA”) claims you’ve violated ABCL §§ 64–66, or if it thinks you’ve broken the rules by selling outside your approved market, or failing to keep thorough records, you may be facing fines, revoked licensing, or criminal charges (ABCL § 118).
We are recognized as a top-rated state and federal criminal defense law firm, dedicated to delivering the best possible customer service and legal representation. Our priority is to reduce or eliminate the penalties you face. We take every case seriously because your future is on the line.
Overlap with Federal Investigations
If your operation crosses state lines, or you’re accused of misrepresenting taxes or inventory, you could face federal scrutiny. The Alcohol and Tobacco Tax and Trade Bureau (TTB) can step in under 27 U.S.C. and 27 C.F.R., and that can lead to charges of wire fraud, false statements (18 U.S.C. § 1001), or even tax evasion.
Double Jeopardy vs. Separate Sovereigns
Clients often ask us questions like: “If I’ve been penalized by New York State, can the federal government come after me too?” The unfortunate answer is “yes.” Under the separate sovereigns doctrine, state and federal authorities can prosecute identical conduct because they’re treated as distinct entities.
Real-Life Defense Strategies
Our law firm philosophy is simple: we want to win or get your case dismissed. We don’t recommend cookie cutter strategies. We create a plan based on the unique facts of your situation, the severity of the accusations, and your personal goals. Below are typical scenarios we see, but every client’s situation is unique.
Scenario 1: Overstepping Your Wholesale License
- Clerical Mistake Instead of Criminal Intent: If there was a minor oversight in how you documented sales, or you distributed goods to a retailer not on your official list, we can argue you lacked willful intent. This disassembles any claims of criminal intent.
- Procedural Errors by Investigators: Our criminal attorneys carefully review how evidence was gathered. If there was a questionable search warrant, or if your property was seized illegally, we file a motion to suppress the evidence.
- Strong Compliance Program: We show your internal controls, staff training, and recordkeeping are up to par. That alone can persuade NYSLA or prosecutors to dial back penalties.
Scenario 2: TTB and Wire Fraud Allegations
- Wire Fraud Under 18 U.S.C. § 1343: If the government claims you used electronic communications to commit fraud, we look for weaknesses in their digital evidence. Chain-of-custody mistakes or incomplete email trails might invalidate their proof.
- Statute of Limitations: Federal crimes have strict deadlines for prosecution. If the alleged conduct occurred outside that period, the charges could be dismissed.
- Negotiating a Reduced Charge: In some situations, it’s about damage control. If the evidence is overwhelming, we fight for a plea to a lesser offense, so you avoid the harshest sentences under the Federal Sentencing Guidelines (18 U.S.C. §§ 3551–3586).
Scenario 3: False Statements and Application Fraud
- 18 U.S.C. § 1001: If you allegedly lied, or omitted material facts on your federal license documents, the penalty can include significant fines or prison time. We work to show the application questions were ambiguous or that your statements were misunderstood.
- Entrapment: In rare situations, TTB officers or federal agents might push, or trick you, into providing incorrect info. If that happened, we look at entrapment as a potential defense strategy to win your case.
- Cooperation and Mitigation: Sometimes cooperating can help you get leniency. We only advise it when we see a clear benefit for you—never just to keep prosecutors happy.
Penalties at a Glance
Below is a high-level table illustrating common offenses, potential penalties, and the factors that matter most:
| Offense | Penalties & Exposure | Key Considerations |
|---|---|---|
| Violations of ABCL §§ 64–66 | Fines, License Suspension, Revocation, Criminal Charges | We look for procedural errors, lack of intent |
| Federal TTB/Tax Evasion (27 U.S.C. / 27 C.F.R.) | Heavy Fines, Potential Prison Time, Probation | Federal Sentencing Guidelines often apply |
| False Statements (18 U.S.C. § 1001) | Up to 5 Years Imprisonment, Substantial Fines | Ambiguity in forms, intention behind statements, entrapment |
| Wire Fraud (18 U.S.C. § 1343) | Up to 20 Years, Fines, Restitution | Digital evidence chain-of-custody, multi-state transactions |
Why Choose Spodek Law Group
- We Understand Your Business Needs: Wholesale liquor isn’t just another license. It’s your livelihood.
- National Reach: We have offices throughout Long Island NYC, but we also help clients nationwide. Federal investigations require a firm that knows how to handle multi-state issues, if it boils down to that.
- Proven Track Record: Our attorneys have handled complex state and federal cases for decades. Many of the situations we take on are ones other firms consider unwinnable.
- 24/7 Availability: We make ourselves accessible. You can call us day or night. We believe in constant communication and transparency.
- Online Portal: We’re one of the few law firms to provide a fully online experience for scheduling, document sharing, and confidential communication.
We pride ourselves on providing top-tier service. Our 50 years of combined experience mean we’ve seen the good, the bad, and everything in between. If there’s a way to protect your license, we’ll find it.