New York Criminal Lawyer Blog

April 7, 2010

New York Tax Cheats Watch Out! New York Prosecutors Cracking Down on Criminal Tax Fraud

Yet again, Manhattan prosecutors have come after another individual and his company for allegedly defrauding New York out of tax revenues. According to a press release by the Manhattan District Attorney’s Office, Abdur Rashid Salaam and his companies, Safe & Secured Protective Services, Inc. and T.S.I. Special Services, Inc., have been indicted by a New York County Grand Jury for the crimes of Grand Larceny and Criminal Tax Fraud punishable by up to 25 years in state prison. It is alleged that Since 2003, “Salaam orchestrated the unlawful withholding of more than $1.2 million in collected sales taxes from New York State. More than $800,000 was stolen in the form of sales tax collected and kept by T.S.I. Special Services, Inc., and more than an additional $450,000 was stolen in the form of sales taxes collected and kept by Safe & Secured Protective Services, Inc.”

This arrest and indictment is one of many recently prosecuted by the Manhattan District Attorney’s Office including four separate restaurant owners who have either been indicted or have pleaded guilty in connection to alleged Grand Larceny and Criminal Tax Fraud in excess of $1.1 million dollars. Although some of these individuals and their companies are alleged by prosecutors to have stolen hundreds of thousands or millions of dollars, prosecutors are not merely going after fraud in the “six figure” amount or greater. If anything, these investigations are a sign of things to come and a furtherance of former District Attorney Robert Morgenthau’s dedication to prosecuting crimes in the streets as well as New York white collar crime in the “suites.”

April 6, 2010

New York Penal Law 230.04: Patronizing a Prostitute and Your NY Criminal Defense

by Jeremy Saland

Ask anyone who has been accused of committing a crime. The mere accusation, even if he or she is vindicated later, is a humiliating experience. When one is accused of soliciting a prostitute, technically a violation New York Penal Law section 230.04, Patronizing a Prostitute in the Third Degree, this embarrassment is magnified exponentially. Make no mistake, an arrest for any offense requires a NY criminal defense attorney’s direct attention. However, those in our communities may be more judgmental if they learn a neighbor is accused of Patronizing a Prostitute than if that same neighbor is accused of a more serious “white collar” crime. “Only” an “A” misdemeanor punishable by up to one year in jail, Patronizing a Prostitute in the Third Degree, pursuant to New York Penal Law 230.04 is defined as follows:

A person is guilty of Patronizing a Prostitute in the Third Degree when he or she patronizes a prostitute.

April 2, 2010

Crimes for “Petty Theft” & Shoplifting in New York: Petit Larceny (NY Penal Law 155.25) & Criminal Possession of Stolen Property in the Fifth Degree (NY Penal Law 165.40)

by Jeremy Saland

You were either arrested and put through the arrest process or you were issued a Desk Appearance Ticket (DAT) for shoplifting (New York Penal Law 155.25 or 165.40) after store security stopped you with a pair of jeans hidden away in your bag at Macey’s or some makeup buried in your pocket at Bloomingdales. Although you have never been in trouble before, you now face the grim reality that you need to consult with a criminal defense attorney regarding your shoplifting arrest or Desk Appearance Ticket (DAT) and the ramifications of the associated misdemeanor crimes.

Regardless of what you are alleged to have shoplifted (clothing, electronics, makeup, jewelry, etc.), the crimes you now face are misdemeanor offenses in New York as long as the value of the property stolen does not exceed $1000 (with some exceptions). That is right….whether the property was a $750 watch or a $5 pair of socks, the misdemeanor crimes of Petit Larceny (NY PL 155.25) or Criminal Possession of Stolen Property in the 5th Degree (NY PL 165.40) are the two charges you will be facing and addressing with your New York criminal defense lawyer. Make no mistake. The “shoplifting misdemeanors” are punishable by up to one year in jail and are just as serious under the law as misdemeanor Assault, Criminal Mischief and even Forgery.

March 29, 2010

Gunshot Wounds & Stabbings: Who is Required to Report These Injuries (New York Penal Law 265.25)

by Jeremy Saland

New York State requires under certain circumstances that specific injuries or wounds must be reported to the police. In fact, pursuant to New York Penal Law section 265.25, failure to report certain wounds by individuals such as an attending or treating physician (mandated reporters) is an “A” misdemeanor punishable by up to one year in jail.

According to New York Penal Law 265.25

March 29, 2010

NY Criminal Defense & New York Penal Law 265.03 – Criminal Possession of a Weapon in the Second Degree

by Jeremy Saland

Criminal Possession of a Weapon in the Second Degree, pursuant to New York Penal Law 265.03, is unquestionably one of the most serious criminal charges that an individual can face in NYC or anywhere in New York. That is right. Even if you have a permit in Colorado, Georgia or Alabama, if you possess than firearm in a hotel room in Manhattan or at JFK or LaGuardia Airports, the crime has still been committed if you do not have a permit in New York. The New York criminal defense attorneys at Saland Law PC, have not only successfully represented clients charged with possessing loaded guns, but prosecuted individuals charged with this crime as Assistant District Attorneys under Robert Morgenthau. The following is a “primer” for those not familiar with this offense and the strict liability it seems to impose on the accused.

A person is guilty of Criminal Possession of a Weapon in the Second Degree (NY PL 265.03) when:

March 25, 2010

Can You Be Convicted of Forgery and Criminal Possession of a Forged Instrument in New York with Respect to the Same Instrument: New York Penal Law 170.35 & Your Forgery Defense

by Jeremy Saland

New York Forgery offenses, pursuant to New York Penal Law sections 170.05, 170.10 and 170.15, are not only distinct crimes within the realm of Forgery, but they are also separate from the crime of Criminal Possession of a Forged Instrument pursuant to New York Penal Law sections 170.20, 170.25 and 170.30. In light of the fact that they are unique crimes, can prosecutors charge you with forging as well as possessing the instrument you are alleged to have forged? If you can be charged with forging and possessing the same forged instrument (such as a passport or counterfeit dollar), can you also be convicted of Forgery and Criminal Possession of a Forged Instrument as well?

New York Penal Law 170.35 gives the simple answer to this question. According to New York Penal Law 170.35, “[i]n any prosecution for [C]riminal [P]ossession of a [F]orged [I]nstrument, it is no defense that the defendant forged or participated in the forgery of the instrument in issue; provided that a person may not be convicted of both [C]riminal [P]ossession of a [F]orged [I]nstrument and [F]orgery with respect to the same instrument.”

March 21, 2010

New York Grand Larceny & Felony Criminal Possession of Stolen Property: Establishing the Value of the Alleged Stolen Property Pursuant to NY PL 155.20 & Your Criminal Defense

by Jeremy Saland

The felony crimes relating to Grand Larceny and Criminal Possession of Stolen Property in New York appear relatively straight forward whether the crimes is perpetrated by Embezzlement, Blackmail/Extortion or any other means. In general terms, if you steal property and the value of that property exceeds $1,000, $3,000, $50,000 or $1,000,000, then you may be charged and convicted of Grand Larceny in Fourth Degree (New York Penal Law 155.30(1), Grand Larceny in the Third Degree (New York Penal Law 155.35), Grand Larceny in the Second Degree (New York Penal Law 155.40(1)) or Grand Larceny in the First Degree (New York Penal Law 155.42) respectively. In the event you are alleged to have possessed stolen property with the values as mentioned, then the applicable offense are Criminal Possession of Stolen Property in the Fourth Degree (New York Penal Law 165.45(1), Criminal Possession of Stolen Property in the Third Degree (New York Penal Law 165.50, Criminal Possession of Stolen Property in the Second Degree (New York Penal Law 165.52, Criminal Possession of Stolen Property in the First Degree (New York Penal Law 165.54) respectively.

Each one of these statutes seems clear enough. For example, what if you steal or embezzle $7,500 in cash and you are caught with that money. Here, the value of the property obviously exceeds $3,000, but is less than $50,000. Prosecutors could therefore charge you with either or both crimes of Grand Larceny in the Third Degree (NY PL 155.35) or Criminal Possession of Stolen Property in the Third Degree (NY PL 165.50). Well, what if the theft or stolen property was a high definition 52 inch LCD television you bought for $6,000 four years ago, but you could get the same model now for $2950? What if the property does not have an easily ascertainable value such antique silverware that has been in the family for generations? Is it enough for the prosecution to merely state the value? If not, what is required to establish this value?

March 17, 2010

New York Perjury “Primer” Part II: Potential Criminal Defense Codified in Perjury Statute

by Jeremy Saland

I previously drafted an entry addressing the elements of the crime of Perjury in New York pursuant to NY Penal Law Sections 210.05 (Perjury in the Third Degree), 210.10 (Perjury in the Second Degree) and 210.15 (Perjury in the First Degree). This entry will address the affirmative defense set forth in the New York Penal Law pursuant to New York Penal Law section 210.25. Although just a brief discussion, if you are charged with Perjury in New York, you should discuss this affirmative defense with your NY criminal defense attorney.

210.25 Perjury; defense

March 13, 2010

The Statutory Affirmative Defense to New York Article 177 Health Care Fraud: NY Penal Law Section 177.30

by Jeremy Saland

Pursuant to Article 177 of the New York Penal Law, Health Care Fraud in New York is one of the more serious offenses handled by New York criminal defense lawyers that almost mimics the Grand Larceny Statute. Depending on the amount of the fraud, like varying degrees of Grand Larceny, the crime can be elevated from a misdemeanor punishable by up to one year in jail to a felony punishable by up to twenty five years in state prison (follow this link for further analysis of NY Health Care Fraud in the First Through Fifth Degrees and your criminal defense). Although this crime is certainly one that can have devastating impacts on one’s liberty and career, there is a an affirmative defense found in the New York Penal Law that may protect certain people.

According to New York Penal Law Section 177.30:

March 10, 2010

Owner of Club Kalua Arrested for Allegedly Running $2 Million Queens Mortgage Scheme

by Jeremy Saland

Queens County, the new hotbed of white collar crime and prosecutions, is the home of another alleged fraudulent scheme being prosecuted by the Queens County District Attorney’s Office. According to a Queens County District Attorney’s Office press release, Roger Arias, Martina Duran (a.k.a. Gladys Arroyo), Aldo Bussi, Ramon Gaston, and Percy Randall are alleged to have taken part in a $2 million Mortgage Fraud and Identity Theft scheme.

It is alleged in a 327 count indictment that Arias, the owner of Club Kalua, along with the other individuals used stolen identities to buy and sell three separate properties in Queens County. Not only are these individuals alleged to have used fraudulent identification to perpetrate their crimes while posing as buyers and sellers of real estate, one of the alleged stolen identities belonged to a deceased person.