Alexander Brothers’ Final Fight Before Sentencing Gets Heated as Judge Pushes Back

The Alexander brothers have already lost their fight for freedom, but the stakes remain high as a federal judge prepares to decide just how much time they will spend behind bars.

Alon, Oren and Tal Alexander returned to Manhattan federal court Monday, October 19, for a hearing before U.S. District Judge Valerie Caproni. The hearing comes just eight days before they are scheduled to be sentenced in their federal sex-trafficking case. The once-prominent brothers were convicted in March following a trial that included graphic testimony from 11 women who described sexual assaults involving one or more of the defendants.

On Monday, attorneys were summoned to address sentencing issues, objections to the brothers’ pre-sentence reports and disagreements involving victim impact statements. The hearing came after federal prosecutors urged Caproni to impose life sentences on all three brothers, describing a pattern of sexual violence spanning more than two decades and involving dozens of women.

Tal Alexander appeared scruffy with a beard, while his younger brother Oren sported a yarmulke. Caproni opened the proceedings with a lighthearted remark about having the band back together, but the mood quickly changed as she expressed frustration with the defense’s numerous objections.

At one point, the judge suggested that the defense was throwing arguments against the wall to see what would stick. Throughout the hearing, Caproni repeatedly indicated that several of the argued sentencing enhancements would make little difference in the punishment she chooses to impose.

Attorney Marc Agnifilo began by challenging the government’s sentencing guideline calculations, arguing that prosecutors were interpreting conspiracy liability too broadly and attempting to incorporate allegations of misconduct that had not been established by the jury’s verdict. Agnifilo maintained that the jury’s findings centered on specific sexual acts and argued that the government was improperly using those findings to support vague or larger sex trafficking enhancements. He also argued that the prosecution was attempting to essentially introduce other alleged bad acts into the sentencing calculations.

Caproni pushed back, reminding the defense that a sentencing judge is not necessarily limited to conduct expressly established by a jury’s verdict. Again, she repeatedly suggested that the enhancements would have little impact on her final sentencing decisions.

The attorneys next debated an enhancement involving the physical restraint of a victim. Jackie Perczek, representing Alon Alexander, argued that the enhancement should not apply to an incident involving a woman who testified that a bathroom door was locked, but Perczek indicated that she could still leave as the lock was on the inside of the door.

The defense cited the federal case United States v. Taylor, which involved victims being forced into a closet by a defendant pretending to possess a gun. Prosecutors countered that the Alexander case involved testimony that a victim’s head had been forced into a towel during an assault. Caproni took the issue under advisement but again indicated that the outcome would likely make little difference in sentencing.

Another argument centered on a vulnerable victim enhancement involving allegations that a minor had been drugged. Agnifilo argued that the enhancement concerned the alleged offense itself rather than a particular characteristic of the victim. Caproni rejected that argument, observing that drugging someone makes it easier to sexually assault them.

During the exchange, Agnifilo argued that the brothers had been tried on sex trafficking charges but effectively convicted in what he characterized as a federal rape case. Alon Alexander could be seen nodding as the attorney spoke. The judge overruled the defense’s objection to the vulnerable victim enhancement.

Tal Alexander’s attorney, Deanna Paul, also challenged a two-level enhancement involving the use of a computer, arguing that it was based on a text message sent by Matt Lipman, who was not charged as a co-conspirator. Paul maintained that neither Tal nor Alon had sent the message. Prosecutors countered that the enhancement was based on conduct related to the offense, not necessarily who personally sent the communication. They argued that the brothers knew Lipman was helping recruit women. Caproni said she would take the issue under advisement.

During several moments during the almost two-hour hearing, Judge Caproni was visibly frustrated with the defense.

Paul then voiced concerns about a video involving a minor reportedly found on a computer associated with Tal’s apartment. She argued that there was no evidence Tal had viewed the video and warned that the information could create problems with his future classification by the Bureau of Prisons. Caproni agreed to add a clarifying footnote to his pre-sentence report.

The hearing then turned to victim impact statements: Teny Geragos, attorney for Oren, objected to several women being permitted to address the court because their allegations were not included in the indictment, they had not testified at trial, and they were not victims of a federal crime. Caproni confirmed that she had received the women’s written statements and denied the defense’s request to strike them from the record.

Paul specifically raised concerns about one woman who was reportedly present in the courtroom, alleging that she had provided four differing sworn accounts as the plaintiff in a civil case, but also in previous interviews with the government. The attorney also noted that the woman participated in an upcoming Peacock documentary about the case, scheduled to premiere the night before sentencing. Caproni said she would consider the objections concerning who would be permitted to speak, but noted this woman in particular was going to essentially speak as an ex of Tal Alexander.

The judge also encouraged prosecutors and defense attorneys to confer privately about possible restitution for at least some of the women. The defense maintained that restitution should not be awarded because the underlying claims had not been submitted to the jury.

One of the hearing’s more notable exchanges involved where the brothers could actually serve their prison sentences. Caproni suggested that the trial evidence demonstrated the brothers were terrible influences on one another and that society might be better off if they were housed in separate federal prisons. Alon’s attorney, Howard Srebnick, pushed back and noted the accusations against the brothers seemingly stopped after 2017, and stated their conduct would not be an issue.

He also argued that separating the brothers would negatively affect their mental health and emotional well-being, but the judge appeared unmoved and actually said so. She acknowledged that the final decision would rest with the Bureau of Prisons and that she could only make a recommendation.

The defense also clarified for the record that Alon and Oren are fraternal twins, not identical twins (identical twins are not permitted to be housed together).

Before concluding the hearing, Caproni outlined the sentencing schedule, allowing each brother’s defense team 60 minutes to present arguments despite requests for 90 minutes. She indicated that she would permit attorneys to use their allotted time as long as they avoided repeating arguments already made.

11 women are expected to deliver statements during the sentencing proceedings, although the judge has yet to resolve all objections concerning who will be permitted to speak.

The sentencing enhancements could add years to the Alexander brothers’ prison terms. Under federal sentencing guidelines, judges assign numerical offense levels based on the seriousness of a crime, then increase those levels for aggravating factors, such as the above: physically restraining a victim, exploiting a particularly vulnerable victim or engaging in a repeated pattern of sexual misconduct. The higher the offense level, the more prison time the guidelines recommend. Level 43, the highest on the federal sentencing table, calls for life imprisonment regardless of a defendant’s criminal history. Prosecutors are seeking life sentences for Alon, Oren and Tal Alexander, while the defense wants 15 years.

The three brothers are scheduled to be sentenced on October 27.

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