Healthcare Fraud (a/k/a Health Care Fraud) is crime vigorously pursued by local District Attorney’s Office and the New York State Attorney General. The basic idea or theme behind any New York Penal Law Article 177 crime, investigation or arrest is that a defendant “with intent to defraud a health care…
New York Criminal Lawyer Blog
Endangering the Welfare of a Child: Can any Custodian be Liable for and Guilty of NY PL 260.10 or Must Prosecutors Establish Control and Care
In New York, or any state for that matter, arrests involving children carry with them the worst stigma. Obviously, crimes that involve sexual or physical harm are by far and away the most serious, but the stain of an arrest can linger even if your conduct is nowhere near or similar…
ACD Dismissal for NYC Man Charged with PL 220.16 Felony Possession of 71 Pills of Xanax & Alprazolam Along with a Half Pound of Marijuana
Drug, controlled substance and narcotics crimes in New York may not be punished to the same magnitude as the Rockefeller Drug Laws of the past, but any New York Penal Law Article 220 crime in New York City or in a suburban New York State county still carries a significant…
Client Arrested in New York with Two Unlicensed Firearms and Hundreds of Rounds of Ammunition Receives ACD Dismissal & “Nullified” Arrest
New York City’s JFK and LaGuardia airports see their fare share of criminal activity. The airports are crawling with federal, state and local law enforcement ready to swoop down at the first sign of some wrong doing. One of the seemingly growing crimes that the Port Authority Police Department, TSA…
Alleged NYC Craigslist Adderall Seller Avoids Felony Conviction for PL 220.31 & Receives No Jail & No Probation
Selling adderall online on sites such as Craigslist is an extremely serious drug felony in New York. For that matter, selling adderall or other controlled substances to an undercover cop or any other buyer online or in person is criminally devastating. It is of no consequence whether or not you…
Menacing without Physical Threats: Can Words Alone be the Basis of a NY PL 120.15 Menacing Arrest & Conviction
There are “ugly” crimes and there are “uglier” crimes in the State of New York. Any offense that involves a threat of or actual violence falls in the latter category. Because of this, when crimes such as Assault, Stalking and Menacing are the foundation of an arrest in New York…
New York’s Martin Act and the Expansive Meaning of “Fraud” and “Fraudulent Practice”
New York’s “Blue Sky Law,” The Martin Act, prohibits “[a]ny fraud, deception, concealment, suppression, false pretense or fictitious or pretended purchase or sale” in “the issuance, distribution, exchange, sale, negotiation or purchase … of any securities or commodities.” Codified by New York Business Law section 352, the Martin Act packs a punch…
JFK Airport Firearm Arrest Ends in Non Criminal Violation: Accused Avoids 3.5 to 15 Years on NY PL 265.03 Conviction
Who ever thought legally owning a firearm, licensed handgun, revolver or other pistol would land you in jail? Your airline carrier didn’t tell you when you called or searched online. JetBlue, Delta or American airlines didn’t stop you when you checked it before you flew into New York City. There…
New York Penal Law 195.20: New York State’s Public Corruption Crime of Defrauding the Government
Its not likely that either New York State prosecutors or New York criminal defense attorneys see many of these types of offenses as they are more commonly prosecuted by Federal prosecutors, but New York State has a government defrauding statute on the books. Codified in New York Penal Law 195.20,…
New York Menacing Crimes: Does a Threatening Photograph Displaying a Weapon Violate NY PL 120.14
There are many violent crimes in the New York Penal Law that may not be considered felonies, but are extremely serious crimes nonetheless. Menacing in the Second Degree, New York Penal Law 120.14(1), is one such crime. Right or wrong, better or worse, the NYPD or other local law enforcement…