WHITE COLLAR CRIMES
Fred Sosinsky has successfully represented individuals and businesses who have come under investigation or been charged by the federal or New York State government in white-collar criminal matters for 20 years. During this time, Mr. Sosinsky has also represented professionals who have come under scrutiny by federal and state regulators, as well as professional licensing bodies. More so than in any other area of criminal defense, the hiring of a skilled and aggressive criminal defense lawyer at the very earliest stages of a white-collar criminal case may make all the difference in the world in shaping the scope and direction of an investigation for the client. If you believe that you are the subject or target of a federal or New York State grand jury investigation, or if you have received a subpoena calling for you or your business to appear as a witness before a federal or New York State grand jury to offer testimony and/or to produce documents, or if you have been approached by federal agents with the FBI, IRS, U.S. Postal Inspectors, Immigration and Customs or the United States Attorney’s Office, or by state investigators and instructed, to give them a call, you need the counsel and advice of an experienced white-collar practitioner. Contact Fred Sosinsky to discuss the situation. If you have already been arrested and accused of a white-collar crime, let us put our experience to work for you.
In many cases, where Mr. Sosinsky has been retained during the initial phase of an investigation, his clients have been able to avoid even appearing before a grand jury. In other cases where we have been involved early on, we have been successful in gaining immunity against criminal prosecution for our clients. Often, due to his experience in these matters, notwithstanding a prosecutor’s threats that a client will likely be arrested or indicted if he or she refuses to cooperate with the government’s investigation, Mr. Sosinsky has been successful in having the client politely decline such an invitation with no ramifications. Too often, he has represented clients whose lawyers allowed them to be interviewed by law enforcement and still faced prosecution. If charges are brought, we will work tirelessly to prepare a vigorous defense. If the matter cannot be resolved in a favorable manner, Mr. Sosinsky will prepare the case for trial, confidently and with a mastery of the evidence and the law.
White-collar crime typically refers to an offense that does not involve the use or threat of force for its commission. Most commonly, it is a term used to describe crimes allegedly committed by businesspeople, professionals or corporate employees which involve theft, fraud or other means to illegally obtain money or property. Frequently, these matters are complex and the investigations that precede announcement of charges may take more than a year’s time.
Government investigations and enforcement actions involving criminal and civil violations increase each year. In New York, the Attorney General’s Office has greatly expanded the number and scope of investigations and prosecutions involving allegedly improper business practices. In this intensified enforcement environment, having an experienced lawyer who understands the complexities of these matters and knows the law is imperative.
Presently (or recently), Mr. Sosinsky represents a company charged with criminal violations of New York State Labor Law involving unpaid wage claims, management employees of a business charged in federal court with illegal employment of undocumented aliens, a New York personal injury attorney under investigation for alleged “fee splitting”, a witness in a federal trademark counterfeiting investigation, a member of an internationally-acclaimed rock band under investigation in a federal money laundering conspiracy case, individuals charged with fraudulent receipt of unemployment insurance benefits in New York State, a city psychotherapy practice and psychotherapist in an IRS criminal tax evasion investigation, a physician in a federal Medicaid probe, a managerial employee in a U.S. Customs investigation involving the importation of caviar into the United States, and individuals accused of obtaining forged prescriptions for narcotic drugs.
Expert Representation in Professional Discipline and Licensing Matters
Mr. Sosinsky also is experienced in the representation of physicians, psychologists, therapists and other licensed professionals in investigations and proceedings brought against them by the New York State Office of Professional Discipline, Office of Medical Conduct, New York State Education Department and similar licensing bodies. In addition, he has represented business owners in proceedings before the New York City Consumer Affairs Department.
Sentencing for White-Collar Crimes in New York Courts
In state court in New York, if one if convicted of a white-collar offense, the sentence may range from performing community service, to five-years’ probation to up to 25 years in prison. Almost all sentences will also include a requirement of restitution, or paying back in full any money unlawfully received. The sentence imposed will largely depend on the amount of money at issue or the type of property involved. In most instances where a case can be favorably resolved by mutual agreement, the accused will know what the sentence will be at the time of entry of a guilty plea.
Sentencing for White-Collar Crimes in Federal Courts
In federal court, with rare exception, the certainty regarding one’s sentence which is the rule in New York courts is not at all present. The Court is not involved in any plea- or charge- bargaining that may go on between the parties and is not consulted with prior to any decision to enter a plea of guilty. Moreover, even if one enters into a plea agreement with the government, and thereby limits the sentence the government may request, the Court is not bound to impose any particular sentence, even one that the parties believe is appropriate. Thus, other than any statutory minimum and maximum sentences that may set the floor and ceiling of sentences authorized by Congress for a particular crime, the Court may ultimately sentence a defendant to any punishment within this incredibly broad statutory range that it feels is appropriate. The Court must, of course, give consideration to the sentence suggested by application of the infamous federal sentencing guidelines, which provide the Court with a range of sentence within the statutory minimum and maximum sentences authorized to be imposed. In white-collar cases, the suggested guidelines range is based principally upon the amount of money lost, or attempted to be obtained, the number and type of victims involved, the means by which the money or property was obtained, the degree of planning involved, as well as the defendant’s role in the offense. Critically, under current law, the Court is not obligated to impose a “guidelines sentence” but instead must consider such a sentence, along with a host of other factors, including the history and characteristics of the defendant, the traditional goals to be served in imposing punishment, and the sentences of others convicted of similar crimes.
Sentences in federal white-collar cases can be very harsh and involve substantial prison terms even for those who, but for this blemish, have led exemplary lives. There is, however, much that can be done to attempt to reduce or eliminate altogether the possibility of a prison sentence. This comes in the form of sentence advocacy.
Prior to sentencing, the accused may present to the Court mitigating information regarding the circumstances that led to commission of the crime as well as his or her background, along with any supporting documentation, in an effort to convince it to sentence the defendant to a lesser amount of time in jail or to no jail at all. Many times, after a thorough review and investigation of a person’s personal, family, medical, psychiatric or financial history, there is developed sufficient compelling information which, if presented properly and persuasively, can allow the Court to deviate or depart from the sentence it otherwise would have imposed. Often, based upon this same presentation, it may be possible to convince the Government to agree to certain adjustments or to at least not object or to take “no position” regarding a sentencing matter. Similarly, based on a careful review of the evidence, it may be possible to effectively challenge certain assumptions or calculations which impact upon sentence, such as the amount of loss involved in a crime.
Fred Sosinsky has successfully persuaded federal judges to cut federal sentences based on factors such as extraordinary family circumstances, extraordinary rehabilitation, and extraordinary proof of contrition.
In New York State, the following are some of the so-called white-collar crimes in the Penal Law:
Click HERE to view the following crimes defined:
Grand Larceny
Petit Larceny
Scheme to Defraud
Theft of Services
Unlawful Use of A Credit Card
Criminal Possession of Stolen Property
Trademark Counterfeiting
Forgery
Criminal Possession of a Forged Instrument
Criminal Possession of Forgery Devices
Criminal Simulation
Criminal Possession of an Anti-Security Item
Fraudulent Making of an Electronic Access Device
Falsifying Business Records
Tampering with Public Records
Offering a False Instrument for Filing
Offering a False Certificate
Offering A False Financial Statement
Insurance Fraud
Commercial Bribing
Bribery of Labor Official
Sports Bribing
Tampering With a Sports Contest
Fraud in Insolvency
Fraud Involving a Security Interest
Fraudulent Disposition of Mortgaged Property
Fraudulent Disposition of Property Subject to a Conditional Sales Contract
Issuing a Bad Check
False Advertising
False Personation
Criminal Impersonation
Criminal Usury
Unlawful Collection Practices
Making a False Statement of Credit Terms
Under federal law, white collar crimes include the following:
Click HERE to view the following crimes defined:
Conspiracy
Making a False Statement to a Federal Official
Mail Fraud
Wire Fraud
Credit Card Fraud
Health Care Fraud
Immigration Fraud
Bank Fraud
Securities Fraud
Accounting Fraud
Insurance Fraud
Identity Theft
Money Laundering
Illegal Money Transmitting
Counterfeiting
Antitrust Violation
Extortion
Bribery
Obstruction of Justice
Perjury
Embezzlement
RICO Violations
Tax Fraud
Sarbanes-Oxley Violations
Insider Trading
Below is a brief description of just a few of the cases in which Mr. Sosinsky has, in recent years, successfully represented individuals under investigation for or charged with white-collar offenses in federal and state court.
Click HERE to read more of our Successful Case Results
Contact us about your legal matter today!
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