White Collar Crimes

August 27, 2011

Extortion in New York State: An Affirmative Defense to NY Penal Law 155.05(2)(e) and 155.40(2)

In an earlier entry relating to Extortion, a subset of Grand Larceny, I identified and differentiated the difference between the Grand Larceny Extortion statutes found in New York Penal Law sections 155.05(2)(e) and 155.40(2). This entry will deal with the criminal defense to the crime of Extortion in NY that is established by statute. Whether this affirmative defense is relevant or applicable to the Grand Larceny and Extortion allegation in your particular case, that is something to identify and asses with your New York criminal defense attorney and Extortion lawyer.

Pursuant to New York Penal Law section 155.15(2):

August 8, 2011

Stealing Money You Never Had: Determining the Degree of Grand Larceny in a Fraudulent Bank Deposit & Theft Scheme

by Jeremy Saland

On its face, the Grand Larceny statutes in New York are relatively straightforward. That is, a simple review of various sections of the New York Penal Law may not require the assistance of a New York theft attorney or grand larceny lawyer. Although the statutes may seem clear, what becomes confusing are the various legal decisions that may impact an arrest, indictment or conviction for crimes including New York Penal Law section 155.30 or 155.35. It is theses decisions that may make a non-defense a viable one or a seemingly easy defense one that will not assist you in your case.

In a relatively unique fact pattern, what if you are alleged to have stolen from a bank by depositing bogus checks directly with a teller or empty envelopes into an ATM machine? As a result of your fraud, the bank credits your account the amount of the deposit you claim you made. Therefore, until the bank recognizes that you falsely inflated your account with these valueless deposits, you have access to money that is not truly in the account or even in existance. Knowing you have access to fraudulently obtained funds, you withdraw money from the account. In such a situation, the issue is fairly simple. Is the value of the theft, and as a result the degree or level of your crime, determined by the amount you fraudulently deposited without actual financial backing or the amount withdrawn by you in excess of your legitimate balance? Fortunately, People v. Esquilin, 37 A.D.3d 197 (1st Dept. 2007) addresses just that.

May 25, 2011

Forgery in the Second Degree & Criminal Possession of a Forgery Device: NY Court Limits Scope of Crime

by Jeremy Saland

Forgery in the Second Degree, New York Penal Law 170.10, contains specific statutory language. In substance, some of the critical elements are that the accused must have the “intent to defraud” and “falsely make[], create[] or alter[] a written instrument.” Moreover, in doing so, a defendant must also have “create[d], transfer[ed], terminate[d] or otherwise affect[ed] a legal right.” While the statute also sets forth some specific types of instruments such as wills, a relatively recent appellate court decision (the second highest level court in New York State) refused to elaborate or extend Forgery crimes into other areas. While the decision doesn’t necessary preclude Forgery crimes in New York from extending beyond the specific instruments in the statute, it does help set the parameters of how far assistant district attorneys can go when prosecuting Forgery offenses.

In People v. Carmack, 34 A.D.3d 1299 (4th Dept. 2006), the Appellate Division Fourth Department reversed a conviction at trial where the defendant was alleged to have perpetrated Forgery in the Second Degree. There, the accused was alleged to have spoofed email address and sent out solicitations to other email users. In other words, solicitation emails would arrive in one’s inbox and appear as if it came from another person or friend as opposed to a general “spam” email. Although the emails were sent from the defendant’s computer, a program made it appear as if other entities or people had sent the email when in fact they had not. Finding that emails for a dietary supplement, for example, were not the type of instrument set forth in the statute, the appellate level court reversed the conviction.

May 8, 2011

$32,000 “Criminal” Bank Error: Client Avoids Prosecution After New York Detective Seeks Arrest for Grand Larceny

by Jeremy Saland

The New York Grand Larceny lawyers and former Manhattan prosecutors at Saland Law PC are pleased to announced that our client avoided both arrest and prosecution for allegedly stealing approximately $32,000 from a bank. Detectives in a New York City suburb had sought out our client for arrest after bank officials learned our client accessed an account that she did not have permission to utilize. During a few month period, our client allegedly withdrew tens of thousands of dollars.

Although a detective asked our client to surrender for her arrest, we argued that a bank error, and not fraud or theft on our client’s part, precipitated the alleged crime. In fact, we argued that her actions may not have been criminal. Specifically, the bank opened a sub-account under our client’s main account in error. There was no accusation that our client fraudulently opened the account or was involved in opening the account in any manner. One of our New York criminal lawyers argued that our client believed this was a line of credit or an account which she had permission to access. Fortunately, after discussions with counsel for the bank and with the detective, the bank agreed to withdraw any charges of Grand Larceny once our client paid back the money that she withdrew. Not only did our client avoid an acknowledgment of wrongdoing and an arrest for a “D” felony (New York Penal Law 155.35), but she circumvented any issues with her career and employment. Our client had faced up to two and one third to seven years in prison if arrested and convicted.

April 29, 2011

NYC Criminal Law & Defense Resource: New York Bribery Crime & Law Information Page

by Jeremy Saland

Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, has created a New York Bribery law and Bribery crime information page. The statutes in the New York Penal Law that address Bribery are New York Penal Law sections 200.00, 200.03 and 200.4. These crimes are Bribery in the Third, Second and First Degrees and are punishable by up to seven, fifteen and twenty five years in prison respectively.

It is important to note that in the realm of Bribery arrests, charges and indictments, there is often confusion by those not familiar with the criminal law in New York. First, Bribery, regardless of the degree, involves public servants and not private citizens. Second, if you pay a public servant for conduct he or she has already done, as opposed to paying to influence a future action, the crime is likely not Bribery. Instead, that crime is likely Rewarding Official Misconduct.

April 21, 2011

New York Criminal Lawyer Information Page: Offering a False Instrument for Filing in the First & Second Degree (NY PL 175.30 &175.35)

by Jeremy Saland

Whether you have been arrested in New York for Offering a False Instrument for Filing in the Second Degree (New York Penal Law 175.30) and need to consult with a New York Criminal lawyer or you are the target of a New York City theft scheme involving the crime of Offering a False Instrument for Filing in the First Degree (New York Penal Law 175.35) and want a grasp on the law governing these crimes, Saland Law PC’s Offering a False Instrument for Filing information page is a good source for education. While no substitute for advice from the attorney with whom you thoroughly vet your particular case, the Offering a False Instrument for Filing information page can provide you with the basic understanding of the crimes in New York.

Generally, the crime of Offering a False Instrument for Filing occurs when you know that a written instrument has false information, but you still present it to a public office (or servant). Further, you must do so knowing or believing that it will be filed in some manner with that public office. The case is increased to the First Degree offense when you also have an intent to defraud. NY PL 175.35 is a felony punishable by up to four years in prison while NY PL 175.30 is a misdemeanor punishable by up to one year in jail. It is important to note that many times, the crime of Offering a False Instrument for Filing is associated with other more serious felonies including Grand Larceny, Enterprise Corruption and Criminal Possession of a Forged Instrument. In other words, Offering a False Instrument for filing is potentially a serious felony, but may only be a smaller part of a more serious scheme.

April 17, 2011

New York Criminal Lawyers Keep Client Out of State Prison After Two Indictments Charging Enterprise Corruption, First Degree Grand Larceny and Other Crimes

by Jeremy Saland

The New York white collar criminal defense attorneys and former Manhattan prosecutors at Saland Law PC are pleased to announce a successful disposition for a client charged in an alleged Enterprise Corruption and Grand Larceny scheme involving multiple millions of dollars. Our client, a physician, had been indicted by a New York County Grand Jury for his alleged involvement in a scheme to perpetrate insurance fraud. It was claimed by prosecutors that phony patients would see the physician as well as his colleagues and that the physician would fraudulently bill medicaid. In all, the State of New York claimed our client, in concert with other physicians and specialists, bilked the government out of more than six million dollars.

Compounding matters, prosecutors alleged in a second indictment that our client had violated a restraining order after much of his assets were frozen. It was alleged that our client accessed certain monies without prior permission. The second indictment charged Contempt and Falsifying Business Records. Our client faced up to eight and one third to twenty five years in prison on the First Enterprise Corruption and Grand Larceny indictment and a consecutive one and one third to four years in prison on the second Contempt and Falsifying Business Records Indictment.

March 13, 2011

I Used a Credit Card that Belonged to Someone Else: Potential Criminal Charges in New York Part I

by Jeremy Saland

Do I need a New York criminal lawyer? I found a credit card in Manhattan and used that credit card to buy a pair of jeans at Macys for $175. I took my friend’s credit card and purchased $600 worth of makeup and other accessories in a Brooklyn store without my friend’s permission. I used a credit card that was fake and had another person’s account number programmed on to it. What is “credit card fraud” and did I commit it? Can I be charged with a felony or go to prison? What are the crimes and potential charges in New York City for credit card fraud?

The following blog entry is a brief analysis of the potential crimes in New York State relating to credit card theft and possession, use of a stolen credit card, counterfeit and fake credit cards and other offenses. These potential crimes range from “A” misdemeanors punishable by up to one year in jail to “D” felonies punishable by up to seven years in state prison.

March 3, 2011

Embezzlement and Grand Larceny Crimes: Finding the “Best” New York Criminal Defense Lawyer or “Right” Attorney

by Jeremy Saland

You have been arrested or indicted for Grand Larceny and Embezzlement in New York. Maybe the case has not reached that point, but you are the target of an Embezzlement and Grand Larceny investigation by New York City prosecutors or law enforcement in the surrounding counties. The fear you have is almost paralyzing. What will happen to me? Will my career be destroyed? Will friends and family find out? Will I go to prison?

While the questions may be numerous and differ from person to person, one question is unavoidable. How do I find the right New York Embezzlement criminal lawyer or New York criminal Grand Larceny attorney? Prepare yourself. You may only have one chance to answer this question correctly.

February 24, 2011

Arrested & Charged with Grand Larceny in New York: Potential Deals & Offers in New York Criminal & Supreme Courts

by Jeremy Saland

As a New York criminal lawyer and former Manhattan prosecutor, I have handled countless crimes involving Grand Larceny in New York ranging from a couple of thousands to tens of millions of dollars. Over the past couple of years, I have successfully kept individuals out of prison, obtained reductions in cases from felonies to misdemeanors and even avoided criminal records for clients charged with and investigated or arrested for Grand Larceny. In fact, the New York criminal defense attorneys at Saland Law PC convinced prosecutors to drop an investigation and potential arrest of a client accused of a multi-million dollar tax fraud case. Because no case is routine and every case is unique, no lawyer can tell you that their past results will guarantee similar ones in the future (if they do, walk immediately away). However, what an experienced New York criminal lawyer should be able to do is explain the potential deals or offers that may be made should you decide working out a disposition is the appropriate defense in your case as opposed to confronting the charges head on and forcing the prosecution to prove their case beyond a reasonable doubt.

For the sake of this entry, we will assume our hypothetical client, Mr. X, is charged with Grand Larceny in the Second Degree (New York Penal Law 155.40) for stealing or embezzling property (in this case money, but it need not be) valued in excess of $50,000, but $1,000.000 or less. It is important to note that there is no mandatory minimum term of incarceration for a first time offender, but there is a potential maximum punishment of 5 to 15 years is prison. If you are a predicate felon, the mandatory minimum is 3 to 6 years in prison and the maximum is 7.5 to 15 years in prison.