In the News

March 8, 2011

The “One Punch” Felony Assault: Will Intent or Only the Actual Injury Dictate the Ultimate Resolution in the Oscar Fuller Assault Case

Manhattan District Attorney Cyrus Vance, Jr. is in an unenviable predicament. One one hand he has Oscar Fuller, a man with a criminal record who is not a particularly sympathetic fellow, and in the other, Lana Rosas, a petite woman potentially on the edge of death or a vegetative life. Politically, “throwing the book” at Fuller is a no-brainer. Yet, is the charge of felony Assault in the Second Degree, New York Penal Law section 120.05(1), truly the right charge in this case or is it really just a reach? In DA Vance’s defense, because of the extent and nature of the injury to Ms. Rosas, he likely had no other choice but to present the matter to a Grand Jury to make the charging decision – and it did just that. The Grand Jury indicted the defendant on the charge of Assault in the Second Degree, a felony. The question that now has reared its head is whether the sadness and despair of this case played too great a role in the grand jury’s decision making process or did an objective view of the evidence dictate that Mr. Fuller’s actions were felonious?

Before proceeding any further, there are a few statements I must make. First and foremost, I do not think many people can grasp the pain that has fallen upon Ms. Rosas and her family. Regardless of the criminal charges, they have all suffered and we all hope that she can recover to live a normal life. Second, none of us, outside of those intimately involved in the case, know the evidence and facts beyond what we read or see in the local media. Because of this, in assessing this case, I will address the blog entry in a more vague approach while trying to tie it back to Mr. Fuller’s case. That is, if a person strikes another person once with his fist, and as a result, the victim suffers a horrific injury such as as swelling in the brain and a resulting coma, is the appropriate charge a felony or misdemeanor Assault?

February 15, 2011

Manhattan DA: Liquid Capital Management Scams 45 Victims in a $4 Million Ponzi Scheme

by Jeremy Saland

While merely “chopped liver” compared to Ponzi King Bernie Madoff, Brian Kim, the founder of Liquid Capital Management, was indicted by a New York County Grand Jury for his own Ponzi scheme that allegedly defrauded 45 people out of approximately $4,000,000. To his alleged victims, however, Mr. Kim and Liquid Capital Management were no different than Bernie. He allegedly took his naive investors on a wild ride of fraud and white collar crime that resulted in a significant loss.

According to Manhattan District Attorney Cyrus Vance Jr., Mr. Kim began his scheme back in 2003 and convinced numerous people that he was an accomplished trader. Instead, prosecutors allege Mr. Kim was not really a trader, but more of a traitor (a financial Benedict Arnold if you will) to his duped clients and pocketed their money while suffering major losses in his investments. Like the godfather of Ponzi schemes, Mr. Kim allegedly took a page out of Mr. Madoff’s playbook when he drafted false statements for his unknowing clients.

February 2, 2011

Manhattan DA: “S3” Identity Theft Crew Uses Others’ Identity to Fraudulently Purchase and Fence Apple Merchandise

by Jeremy Saland

Manhattan District Attorney Cyrus Vance, Jr. announced earlier today that his office’s Cybercrime and Identity Theft Bureau has taken down and arrested a 27 person Identity Theft ring based out of Brooklyn, New York. Prosecutors allege that “S3,” as the crew calls themselves, “compromised hundreds of bank accounts,and fraudulently purchased Apple products from stores around the country to resell for profit.”

It is claimed that these Identity Theft bandits obtained personal identifying information of their victims by purchasing this information online through people who trafficked the data. Once the alleged fraudsters obtained the information, including credit card numbers, the leaders recruited individuals who would shop in stores with the credit card numbers. The shoppers duped Apple employees after ring leaders allegedly created fraudulent and counterfeit credit cards and placed the stolen credit card number onto the magnetic strip of the counterfeit credit card. Armed with a counterfeit credit card in the name of a shopper, these hired guns allegedly made the Apple purchases for items including iPads and MacBooks.

January 19, 2011

DA: Staten Island Office Assistant Arrested For Medical Prescription Fraud Involving Nearly 3500 Oxycodone Pills

by Jeremy Saland

According to the Staten Island District Attorney’s Office, Kami Purvis, an employee at a physician’s office, was arrested after an alleged prescription drug scheme that spanned 19 months. District Attorney Daniel Donovan claims that not only did the crime span well over a year and a half, but it is believed that as a result of prescription pad thefts, Ms. Purvis managed to obtain nearly 3500 pills of oxycodone in varying dosages.

Not only is it alleged that Ms. Purvis stole the prescription pads and forged the actual prescriptions, reports further allege that she submitted the prescriptions to one particular pharmacy 35 times. Compounding matters, it is claimed that she used her own state Medicaid card to purchase the pills in many of the transactions. If the allegations of past fraudulent transactions were not enough, reports indicate that upon Ms. Purvis’ arrest, the police recovered 15 prescription sheets including three that were filled out fraudulently. If reports are true, Ms. Purvis voluntarily submitted to a drug test where she came back with negative results. If nothing else, this will certainly hamper a potential defense that she abused the drugs as opposed to profited from them. Ms. Purvis should have requested council before agreeing to submit to such a test.

January 13, 2011

Lawrence “LT” Taylor Pleads Guilty to Sexual Misconduct and Patronizing a Prostitute to Satisfy Rape Charges: NY Criminal Lawyer Analysis

by Jeremy Saland

According to reports, ex-Giant Lawrence “L.T.” Taylor pleaded guilt to the misdemeanors of Patronizing a Prostitute and Sexual Misconduct this afternoon in full satisfaction of his arrest and charges stemming from his alleged statutory rape of a 16 year old girl. It is likely that LT saw the “writing on the wall” if he decided to fight the case at trial. Unfortunately, for Mr. Taylor, it is not a legal defense to say that he believed, genuinely or not, that the girl was 19 or 25 for that matter. The former All-Pro linebacker is not out of the woods yet. It appears as if Mr. Taylor will be sentenced to probation, but will also have to register as a sex offender.

Patronizing a Prostitute is a fairly straight forward offense. A person is guilty of Patronizing a Prostitute in the Third Degree, New York Penal Law 230.04, when he or she patronizes a prostitute. Generally, patronizing includes an agreement or exchange of sexual conduct (it need not be penetration) for a fee.

December 15, 2010

Report: Heidi Jones, ABC News Weather Anchor & Meteorologist, Arrested & Charged After Allegedly Lying About Attempted Rape

by Jeremy Saland

According to the New York Post, Heidi Jones, WABC’s weatherwoman and meteorologist on channel 7, was arrested after she claimed she had been raped this past fall. It is alleged that Ms. Jones claimed that a man had tried to drag her into an area of Central Park in Manhattan, but failed after people passing by came to her aid. It is alleged that the police became suspicious after it took Ms. Jones approximately two months to report the incident and inconsistencies developed in her story after being questioned multiple times.

Based on the New York Post’s report, it appears that Ms. Jones is charged with New York Penal Law section 240.50(3)(a) – Falsely Reporting an Incident. Although the article does not specifically mention this section and the case information is not on the New York State Court System website, New York Penal Law 240.50(3) states in pertinent part:

December 9, 2010

White Plains Mayor Adam Bradley Convicted of Attempted Assault and Other Crimes: Criminal Lawyer Analysis

by Jeremy Saland

Adam Bradley, the mayor of White Plains New York and a former New York State assemblyman, was convicted after a bench or “judge” trial in White Plains. Initially charged with Assault in the Third Degree, Witness Tampering and Criminal Contempt, a judge convicted Mayor Bradley of Criminal Contempt, Attempted Assault and Harassment. Mayor Bradley faces up to one year in jail on the Criminal Contempt, ninety days in jail on the Attempted Assault and fifteen days in jail on the Harassment conviction. Although there is no minimum term of incarceration (Mayor Bradley may get no jail at all), if Mayor Bradley is sentenced to jail his sentences would run concurrent and not consecutive.

The charge of contempt stems from the initial allegation that there was contact by Mayor Bradley with his wife, Fumiko. When an order of protection or restraining order is in place, the order specifies or limits some or all contact with the complainant by the defendant. If, for example, there was a full order of protection limiting any contact with a complainant, a violation or contempt would technically occur even if the complainant decided to ignore the order and talk to or be with the defendant. A complainant’s willingness to ignore an order of protection issued by a court is no defense for the accused to continue or maintain contact. In part, this is because the order of protection is a court order and not subject to the desire of the complainant barring an amendment of that order.

December 7, 2010

“Higher” Learning: Five Columbia University Students Arrested for Dealing & Selling Drugs in “Operation Ivy League”

by Jeremy Saland

According to the Office of the Special Narcotics Prosecutor, a Manhattan based prosecutors office with jurisdiction over narcotic and drug crimes throughout New York City, five Columbia University students were arrested and charged with selling drugs (Criminal Sale of a Controlled Substance in the Third Degree – New York Penal Law 220.39 & 220.40), drug possession (Criminal Possession of a Controlled Substance in the Third Degree – New York Penal Law 220.16) and other crimes relating to drugs and marijuana.

“Operation Ivy League” resulted in the arrest of Christopher Coles, Harrison David, Adam Klein, Jose Stephan Perez, a/k/a, Stephan Vincenzo, and Michael Wymbs. It is alleged that over the past few months undercover police officers purchased $11,000 worth of cocaine, marijuana, LSD and Adderall from dorm rooms and fraternity houses. It is further alleged that as many as 31 drug sales took place at the Alpha Epsilon Pi, Pi Kappa Alpha and Psi Upsilon fraternity houses.

December 7, 2010

New York State Senator Kevin Parker Convicted of Misdemeanor Criminal Mischief in the 4th Degree

by Jeremy Saland

According to Staten Island District Attorney Dan Donovan, a jury convicted Kevin Parker, a New York State Senator from Brooklyn, New York, on two counts of Criminal Mischief in the Fourth Degree. “A” misdemeanors, Senator Parker faces up to one year in jail (Rikers Island) on each count. It is highly unlikely Senator Parker would receive the maximum one year or that the sentences would run consecutive. Former New York State Senator Hiram Monserrate was convicted of Assault in the Third Degree during the 2008 to 2010 term.

Not considered a violent crime, Criminal Mischief generally occurs when one intentionally damages property of another without permission or authority. If the damage reaches a certain level, then the degree of the crime increase from a misdemeanor to a felony. Any damage, regardless of how insignificant, can be the basis of a Criminal Mischief conviction.

December 6, 2010

DA: JPMorgan Chase Banker Gets Client “Sponsored” Bail Out in Excess of $1 Million

by Jeremy Saland

Hao “Howie” Wang, a JPMorgan Chase banker formerly employed at a Manhattan branch, was arrested and arraigned in New York County Supreme Court earlier today in connection with an alleged theft of over $1 million. According to Manhattan District Attorney Cyrus Vance Jr., Mr. Wang stole the identities of four clients to get his own personal bank bail out. Mr. Wang is charged with one count of Grand Larceny in the First Degree (NY PL 155.42), four counts ofGrand Larceny in the Second Degree (NY PL 155.40), one count ofGrand Larceny in the Third Degree (NY PL 155.35), twelve counts ofIdentity Theft in the First Degree (NY PL 190.80), four counts of Falsifying Business Records in the First Degree (NY PL 175.10), five counts of Forgery in the Second Degree (NY PL 170.15), and one count of Scheme to Defraud in the First Degree. If convicted, Mr. Wang faces up to 25 years in prison for Grand Larceny in the First Degree, 15 years in prison for Grand Larceny in the Second Degree, 7 years in prison for Grand Larceny in the Third Degree, Identity Theft in the First Degree and Forgery in the Second Degree, and 4 years in prison for Falsifying Business Records in the First Degree and Scheme to Defraud in the First Degree.

Arrested in November at Newark Airport, it is alleged that Mr. Wang perpetrated his scheme by using clients’ information to open accounts or obtain loans that he would eventually use. Other than buying himself a $46,000 watch, it is alleged that most of this money was transferred overseas where Mr. Wang may have been heading at the time of his arrest.