New York Criminal Lawyer Blog

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

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 5, 2009

Disorderly Conduct in NY: Reckless Behavior Sufficient to Establish Violation

by Jeremy Saland

Just about every NY criminal defense attorney has either represented a client charged with Disorderly Conduct or worked out a disposition where Disorderly Conduct was offered in lieu of a top count plea. In the criminal courts of New York City, “Disorderly Conduct” can be heard throughout the hallways and courtrooms before the judge bangs his gavel to start the day until the last cases are called in the evening.

Recently, a NY County Criminal Court judge addressed Disorderly Conduct in denying a defendant’s motion to dismiss. In People v. Derrick Diaz, 2008NY062928, the complaint alleged that the police “observed the defendants yelling and screaming and behaving in a violent, tumultuous, and threatening manner, as follows: pushing at police officers and causing a disturbance. Defendant’s [sic] conduct created a public disturbance/inconvenience in that it caused a crowd to gather, disruption of the normal flow of traffic, and people to express alarm.”

October 2, 2009

Extortion and Grand Larceny in New York: Your Criminal Defense & an Analysis of NY Penal Law 155.05(2)(e), 155.30(6) and 155.40(2)

by Jeremy Saland

With the recent Extortion attempt of David Letterman by Robert “Joe” Halderman fresh in our minds, now would be a good time to share with my readers what constitutes Extortion under New York State law. As a New York criminal defense attorney and former Manhattan prosecutor who supervised the investigation and prosecution of multiple individuals charged with the Extortion of an NBA All Star, I am intimately familiar with Extortion as it is defined under New York Penal Law section 155.05(2)(e) and under Grand Larceny in the Fourth and Second Degree pursuant to New York Penal Law sections 155.30(6) and 155.40(2) respectively.

Before proceeding with an analysis of the Extortion statute, it is important to note that Extortion is specifically defined under section 155.05(2)(e) of the New York Penal Law. Like larceny by trick, false promise and common law larceny, Extortion is a means by which a larceny is perpetrated. According to NY Penal Law 155.05(2):

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.

September 28, 2009

Bus Driver Arrested in Queens with Kids on Bus: Charged with Reckless Endangerment & DWAI

by Jeremy Saland

The Queens County District Attorney’s Office has announced the arrest of a bus driver charged with DWAI (VTL 1192.1), Reckless Endangerment (NY Penal Law 120.20) and Attempted Endangering the Welfare of a Child (NY Penal Law 110/260.10) after an assistant principal at the school allegedly noticed the smell of alcohol on the bus driver’s breath. It is further alleged that the bus driver, Lakhram Omwathatth, was unsteady on his feet and had watery-bloodshot eyes. Making matters significantly worse and compounding an already terrible situation, it is alleged that five students were on the bus waiting to be driven from school. That being said, it appears that Mr. Omwathatth had driven the bus to school without the students and was arrested prior to leaving with them. Mr. Omwathatth blew a .037 on the intoxilyzer, well below the legal limit. He is further alleged to have stated that he consumed Nyquil and a “non-alcoholic Dr. Pepper.”

I don’t think that anyone could disagree with District Attorney Richard Brown’s statement regarding the importance of protecting children. DWI is one of the most serious crimes with horrific consequences to innocent victims. Moreover, DWI is a preventable crime with some common sense and responsibility. However, regardless of how horrendous the situation may be, i.e, the presence of children in a school bus, the prosecution still has the legal burden of proving a case beyond a reasonable doubt. In this particular case, I believe the prosecution has stretched to find an applicable “A” misdemeanor to charge the defendant with.

September 28, 2009

New York White Collar Crime: Insurance Fraud in the Fifth Through First Degree (NY Penal Law 176.10 – 176.35) & Your Criminal Defense

by Jeremy Saland

Chubb, Kemper, Allstate, Geico…the name of the insurance company makes no difference at all. It is your actions, regardless of the insurance provider, that may land you in an upstate prison cell for perpetrating Insurance Fraud. As we at Saland Law PC have said time and time again, we are available to assist our clients day or night. That being said, your best defense is not necessarily a top criminal defense firm, but knowing the law and keeping yourself from needing a New York criminal defense attorney in the first place.

Before dissecting the penal law, the following are some important definitions that are the basis to the charge of Insurance Fraud:

September 26, 2009

Criminal Possession of a Weapon (New York Penal Law 265.02): Defaced Gun, Revolver, Pistol and Firearm

by Jeremy Saland

As I have explained to my readers numerous times in the past, mere possession of a loaded firearm outside your home or place of business without a permit is punishable as a “C” violent felony. This offense carries a minimum sentence of three and one half years in state prison if that possession is without a license and the district attorney does not make you an offer. Whether you mistakenly brought the gun to New York from a state you had a license thinking it was legal (give Plaxico Burress a ring on that) or you knowingly had a stolen revolver, the potential crime is the same. However, consult with your NY criminal defense attorney because this charge, while more severe than other crimes, is not the only charge you may face.

Pursuant to Penal Law section 265.02, you can be charged with a “D” violent felony punishable by a minimum of two years and up to seven years in state prison for possessing an unloaded firearm. Specifically, a person is guilty of Criminal Possession of a Weapon in the Third Degree when such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun. This crime does not require that the gun be loaded.

September 23, 2009

8 More Arrested in “Levy Enterprise” Insurance Fraud Ring

by Jeremy Saland

Attorney General Andrew Cuomo announced the arrest of eight more individuals in connection to the insurance fraud ring known as the “Levy Enterprise.” Seven of the people charged are hospital employees who allegedly obtained personal information of patients. The employees then sold this information or received bribes to share the information. The information was then allegedly used by third parties “to lure patients into receiving unnecessary treatment and then submit over a million dollars in phony personal injury claims to insurance carriers.” The eighth person, an attorney, is also alleged to have perpetrated this scheme.

According to the Attorney General:

September 20, 2009

Credit Card Debt Settlement: Client Avoids Bankruptcy and Prosecution

by Jeremy Saland

Credit card card debt can dig you down into a whole that you cannot escape from. However, instead of declaring bankruptcy, there are alternatives ways to settle, manage or consolidate your credit card debt.

Recently, a client came into the office regarding a balance of $26,970.30 that he had outstanding on a credit card. Each month the minimum payment was escalating due to punishing interest rates on his balance. Not only was he unable to make the payments, he also had been using his deceased mother’s credit card. The credit card company was in the “driver’s seat” because not only was the client in mounting debt, but if he did not pay they could have reported his activities to law enforcement. It is one thing to not have the means to make payments, but it is another to be using a deceased individual’s credit card.