In the News

October 15, 2009

Breaking Down State Senator Hiram Monserrate’s Conviction of Reckless Misdemeanor Assault

A Queens County Supreme Court Judge acquitted Hiram Monserrate of felony Assault and convicted the embattled state senator of Assault in the Third Degree, a misdemeanor. More specifically, the judge found him guilty of New York Penal Law 120.00(2). According to the New York Penal Law, an individual is guilty of 120.00(2) when he or she recklessly causes physical injury to another person. This offense differs greatly from 120.00(1) which requires that a person intentionally causes physical injury to another person. Regardless of the theory of the case, anyone convicted of a misdemeanor Assault faces up to one year in jail. However, a judge has the discretion to sentence that person to no jail at all. While the court has not sentenced Senator Monserrate, a full order or protection was issued thereby preventing him to have any contact with the victim of his crime.

While I did not sit in the courtroom listening to the testimony, the decision rendered by the court does not surprise me. If Senator Monserrate had been convicted of the felony, the state would have been thrust into terrible turmoil and a horrendous stalemate. Removing Senator Monseratte from his seat would have resulted in 31-30 standoff in the state senate. Did this fact impact the court’s decision? Did the judge “split the baby” by finding Mr. Monserrate guilty of a crime, but a significantly lesser offense? Are we over analyzing his decision and, at bottom, the facts just did not support the People’s case?

October 15, 2009

Georgia Man Indicted for Posing as a Fake Attorney: Alleged to Have Pepetrated Immigration Scheme Against over a Dozen Clients in New York

by Jeremy Saland

It seems like “immigration fraud” and individuals purporting to be attorneys is the crime du jour in Manhattan and New York City lately. The most recent individual accused of a fraudulent immigration scheme is Wilmer Rivera Melendez. According to the Manhattan District Attorney’s Office, Mr. Melendez purported to provide immigration services to New Yorkers as an employee of W&R Immigration Services. Mr. Melendez claimed that W&R, an alleged non-profit organization located in Covington, Georgia, could assist people in immigration issues. It is even alleged that Mr. Melendez filed applications and petitions with the United States Citizenship and Immigration Service (USCIS) on behalf of undocumented individuals. These individuals were allegedly fooled into believing Mr. Melendez had practiced law for 20 years and, as a result, agreed to wire money into Mr. Melendez’s bank account.

According to the Manhattan District Attorney’s Office:

October 14, 2009

Saland Law PC’s Elizabeth Crotty to Speak to New York Self Storage Association Regarding Storage of Contraband

by Jeremy Saland

Saland Law PC, a Manhattan based criminal defense and complex civil litigation firm, is pleased to announce that Elizabetth Crotty is speaking at New York Sefl Storage Association’s Annual Convention and Membership Meeting tomorrow in Westchester County. Ms. Crotty will be discussing the ramifications of storing contraband in self storage facilities. Moreover, she will address nuisance abatement laws and how local police departments enforce those laws and ordinances.

October 14, 2009

Realtor Claims to Own Manhattan Building: Sale of Property Lands Him in Jail

by Jeremy Saland

NY criminal defense attorneys are always being confronted with indictments and complaints against their clients for a wide variety of alleged fraudulent schemes. One such scheme just resulted in the indictment of Henry Vargas for the sale of a commercial building he claimed to own, but in fact, according to the Manhattan District Attorney, he did not.

Manhattan District Attorney Robert Morgenthau issued a press release alleging that during the past two years, Henry Vargas claimed to be the owner of 21-41 Lenox Avenue, a commercial building near Central Park. Although Mr. Vargas was not the owner of the property, it is alleged that he present forged documents to fool attorneys, business developers and other professionals into believing he had a controlling interest in the property.

October 8, 2009

Escort Ring Nailed in the Burbs: Westchester County DA Busts Up “High End” Prostitution Crew

by Jeremy Saland

As long as the world’s oldest profession is profitable, the police and prosecutors will continue to go on the offensive to busting up and tearing down escort and prostitution rings. Unfortunately for Kenneth Fuina and Shawana Smith, they were the targets of such an investigation by the Westchester County District Attorney’s Office that spanned two years. Now, Fuina and Smith are sitting in a White Plains jail cell on $100,000 bail each and facing the charge of Promoting Prostitution in the Third Degree, a class “D” felony punishable by up to 2 and 1/3 to 7 years in state prison. A third defendant, Genevieve Peattie, was released from jail but is charged with a misdemeanor of Prostitution.

According to reports, it is alleged that Kenneth Fuina and Shawana Smith ran a website for high end call girls charging between $600 to $2000 for one or more hours of “GFE” or a full service sexual encounter otherwise known as “Girl Friend Experience.” The girls were recruited and their services were offered through a website, www.discreetcompanions.moonfruit.com. Once a client contacted Fuina or Smith, it is alleged that the girls were sent out to hotels in Westchester cities such as White Plains, Rye, Rye Brook and Tarrytown.

October 8, 2009

Brooke Astor’s son Anthony Marshall Convicted in Grand Larceny and Forgery Scheme: Manhattan Judge to Sentence Defendant to Mandatory State Prison

by Jeremy Saland

Convicted of Grand Larceny in the First Degree in Manhattan Supreme Court, a New York trial jury has sealed Anthony Marshall’s fate. Prosecutors called over seventy witness during the course of the trial that addressed whether or not Marshall was involved in forging Brooke Astor’s signature and stealing her fortunate as she suffered from dementia and lived in squalor. In the end, the jury found that Marshall had bilked his own mother out of millions of dollars.

Unfortunately for Marshall, a conviction for Grand Larceny in the First Degree is an enormous defeat especially for an 85 year old man. By law, the minimum sentence he faces will be 1 to 3 years in state prison while the maximum Marshall could face is 8 and 1/3 to 25 years. If Marshall had been acquitted of this charge and “merely” convicted of Grand Larceny in the Second Degree, Forgery in the Second Degree, Falsifying Business Records in the First Degree and other crimes on the indictment, he would have not faced mandatory prison. While we certainly can only speculate what a judge might sentence and individual to, by law Marshall could have gotten nothing more than a conditional discharge or even no probation and up to 1 and 1/3 to 4, 2 and 1/3 to 7 or 5 to 15 depending if he were convicted of the “E,” “D,” or “C” felonies respectively. Compounding an already ugly case, Marshall still faces a pending civil case.

October 7, 2009

13 People Indicted on 263 Counts of Fraud Related Crimes: 18 Month Investigation Between Brooklyn DA and Secret Service

by Jeremy Saland

After correctly speculating as to some of the possible charges, the Brooklyn District Attorney’s Office has issued a press release regarding today’s announcement that 13 people have been indicted for a wide ranging criminal enterprise that spanned states and countries. As I have noted in the past, criminal defense lawyers in New York are seeing more and more of these types of crimes being swept up in large scale investigations. This certainly will not be the last of such investigations and prosecutions.

According to the Brooklyn District Attorney’s Office:

October 7, 2009

Brooklyn District Attorney Charles Hynes Announces Multi-National Identity Theft Bust: Ring Alleged to Run Credit Car, Real Estate and Insurance Fraud Scams

by Jeremy Saland

According to reports, Brooklyn District Attorney Charles Hynes has announced the indictment of 13 individuals with ties to Russia and Ukraine. The accused are alleged to have run or taken part in a multi-national credit card scheme where they purchased stolen credit card numbers online, crafted fake credit cards and then made purchases in the United States. These individuals are also alleged to have taken the scheme further into the arena of insurance fraud and real estate fraud. Working with the Secret Service, the take-down also netted some high-end automobiles including a Bentley, Mercedes and a Land Rover.

Although there has been no press release, it is likely that these individuals face charges relating to Identity Theft, Grand Larceny, Forgery, Criminal Possession of a Forged Instrument and potentially Enterprise Corruption if there is an ascertainable structure in their “crew.”

October 7, 2009

NYC Criminal Defense Firm in the News: Jeremy Saland in LA Times Regarding David Letterman Extortion / Blackmail Case

by Jeremy Saland

The New York based criminal defense firm of Saland Law PC is once again in the news. Jeremy Saland, one of our top criminal defense attorneys and a lawyer who previously served as a prosecutor in Manhattan, was sought out by the Los Angeles Times for his legal insight into the David Letterman extortion and blackmail case.

The Los Angeles Times asked Mr. Saland to comment on Mr. Halderman’s possible defense alleging that Mr. Letterman sexually harassed his female employees. Citing New York Penal Law section 155.15(2), Mr. Saland acknowledged that it may be relevant if done in narrowly crafted way. Relevant, however, does not mean it will necessarily be a winning argument.

October 2, 2009

David Letterman Extortion Attempt: Robert “Joe” Halderman Charged with Attempted Grand Larceny in the First Degree

by Jeremy Saland

There certainly is no proper or correct way to extort someone, but don’t ever take a check…especially one that was specifically written to bounce once deposited. Unfortunately for Robert “Joe” Halderman, nobody told him that the 2 million dollar check he received from David Letterman was the set up for a punchline that led to his arrest. If convicted of Grand Larceny in the First Degree by Extortion, the television funny man could have the last laugh as Mr. Halderman watches Mr. Letterman in syndication for up to the next 5 to 15 years in state prison.

Having been a Manhattan prosecutor for 7 years and the lead prosecutor on the extortion attempt of an NBA All Star, I have handled the exact same case under similar facts. Instead of individuals seeking a multi-million dollar check in exchange for a video of the basket ball player, Mr. Halderman sought 2 million dollars for “screenplay treatment” and to keep a years old fling with a staffer secret.