NEW YORK WHITE COLLAR CRIMES
A NYC Lawyer Specializing in White Collar Investigations, Charges & Indictments
I’ve 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 more than 20 years. During this time, I have 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 in NY, 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;
- Will receive 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;
- 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 have been instructed to give them a call;
You need the counsel and advice of an experienced NY White Collar Defense Lawyer …..
Before you speak to them.
So why not give me a call before you step into a hornets-nest.
If you have already been arrested and accused of a white-collar crime in NY, let me put my 20 plus years of successful experience to work for you.
In many cases, when I’ve been retained during the initial phase of an investigation, my 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.
Now take a look at the list below – it shows the white collar crimes applicable to New York at the State and Federal level…and will give you a better idea on what areas I can help you with.
NY State Level Crimes
- Grand Larceny
- Petit Larceny
- Scheme to Defraud
- Theft of Services
- Unlawful Use of A Credit Card
- Criminal Possession of Stolen Property
- Trademark Counterfeiting
- 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
NY Federal Level Crimes
- 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
- Antitrust Violation
- Obstruction of Justice
- RICO Violations
- Tax Fraud
- Sarbanes-Oxley Violations
- Insider Trading
Often, due to my 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, I’ve been successful in having my client politely decline such an invitation….with no ramifications.
Too often, I represent clients whose lawyers allowed them to be interviewed by NY law enforcement and still faced prosecution. If charges are brought, I will work tirelessly to prepare a vigorous defense. If the matter cannot be resolved in a favorable manner, I 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.
Recently, I’ve represented:
- 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
- Individuals accused of obtaining forged prescriptions for narcotic drugs
My point is this – I’ve seen it all….and represented my clients professionally, whether in NY State Courts or Federal Courts.
Expert Representation in Professional Discipline and Licensing Matters
I also have extensive experience 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
What Happens If You’re Convicted for White-Collar Crimes in New York State 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.
What Happens If You’re Convicted 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.
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….and it’s something I excel in.
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.
Many times in the past, I’ve successfully persuaded federal judges in New York State to cut federal sentences based on factors such as extraordinary family circumstances, extraordinary rehabilitation, and extraordinary proof of contrition.
If you’re looking to see how successful I’ve been and what I can bring to the table, take a look at some of the recent cases I’ve had….and if you decide it’s time to get help, use the form to the upper left to reach me or call me immediately.