NYC Fraud Defense Attorney
Fraud Defense Attorney In New York City
Rates of criminal fraud in New York significantly increased during the last economic downturn and have continued to rise ever since. As a result, New York prosecutors have heightened efforts to crack down on NYC fraud crimes, and in their fervor, they have accused many innocent individuals. If you have been charged with criminal fraud in NYC, like immigration fraud, it is imperative that you consult with an NYC fraud lawyer immediately. The penalties for fraud are severe, and you will need counsel hardened in dealing with difficult prosecutors who can vigorously argue for your innocence.
Proving Criminal Fraud In NYC
Generally, criminal fraud includes deceptive conduct where an individual tries to gain some financial advantage over another through deceit or misrepresentation. The exact elements of fraud may vary depending upon the specific allegations; however, the general elements that New York City prosecutors typically need to show include:
To prove criminal fraud in NYC, prosecutors will have to show that you made a material misrepresentation of fact. The misrepresentation will have to address something of significance and not some minor fact or detail. For example, a false address in a bank fraud case may not be material if the address played no part in the bank’s decision. However, if you misrepresent your authority to withdraw money, that fact may be deemed material if it directly led to the harmful act. Whether a fact is deemed material will depend upon the specific facts of your case.
Knowledge of Falsehood
The accused will usually need to be aware that the statement made is false. In other words, a simple mistake or reasonable error may not be enough to support a fraud case. For example, if you make a rounding error in a mortgage application and misstate your income, that error may not constitute fraud if it was an honest mistake. However, a knowing misstatement on such an application with the hopes of being approved for a loan that you ordinarily may not qualify for may constitute fraud. Every stone will be unturned during a criminal fraud investigation, and having an experienced NYC fraud lawyer representing your case gives you the best chance of success.
A unique element in criminal fraud cases is that the victim must rely on the fraudulent statement. So even if the accused intentionally makes numerous fraudulent statements, this may not rise to criminal fraud in NYC if prosecutors cannot prove that the victim in fact relied on any of these statements in taking the action.
Generally, even if all the other elements are proven, prosecutors will still need to show that the victim suffered some financial harm from the fraudulent act. If there is no actual harm suffered, the defendant may be able to avoid liability.
Types of Criminal Fraud in NYC
There are many types of criminal fraud; however, all criminal fraud charges range between misdemeanor and felony. A conviction under many of these types of criminal fraud may involve a jail sentence. Luckily, an New York City fraud lawyer will have the knowledge and experience specifically for these types of cases, and be able to guide you throughout the legal process. Working with an NYC white collar crime lawyer gives you the best outcome to beat or mitigate NYC criminal fraud charges. There are many different types of fraud charges all with distinct circumstances and elements. Some common types of criminal fraud include:
Credit Card Fraud
Credit card fraud is usually a type of identity theft where an individual will take another person’s credit card number to make unauthorized charges. Someone may gain access to the credit card by hacking into a computer system, stealing someone’s credit card statements in the mail, scamming the victim over the phone, and other forms of deception.
Someone typically engages in securities fraud by making fraudulent statements about a company or security to pump up the value of the security or to decrease it. The individual would profit from this false information.
Bankruptcy is meant to help individuals out of situations of crushing debt. However, many individuals may take advantage of the bankruptcy process to avoid paying back their debts while retaining many of the benefits that led them to bankruptcy in the first place. Someone may engage in bankruptcy fraud by misstating his or her assets and holdings or misrepresenting the nature of the debt to qualify for bankruptcy.
A mortgage is essentially a loan of a large sum of money. Many individuals engage in mortgage fraud by misstating their assets and financial health so that they can receive a larger loan amount. By doing so, they are knowingly and intentionally taking advantage of mortgage loan assistance.
Identity theft encompasses a broad range of fraud crimes and is one of the fastest-growing types of criminal fraud in NYC. An individual typically engages in identity theft by pretending to be someone else. The individual engaged in fraud can benefit by stealing someone else’s assets, making unauthorized purchases, or committing crimes under the name of someone else. These cases have been on the rise as of late and often require an NYC identity theft lawyer.
Fraud involving insurance can involve almost any type of insurance. Frequent targets of insurance fraud include health insurance companies, auto insurance companies, and even life insurance policies. For example, someone may engage in auto insurance fraud by staging an accident to collect the payout or misstate the true costs of repair to reap a financial benefit.
Someone engages in government fraud by making false claims against the government. This can frequently occur with Medicare and Social Security benefits. For example, patients and healthcare providers may engage in Medicare fraud by placing false claims, recommending unnecessary procedures, or inflating the cost of services.
The above are just some of the more common types of fraud. Believe it or not, there are many more types of criminal fraud, but one thing they all have in common is the severity of the offense and the likelihood of seeing jail time if convicted. If you or someone you know has been charged with criminal fraud, you’ll want to speak with an NYC fraud lawyer to learn more about the exact charges brought against you and your options for defense.
Penalties For Felony Fraud Conviction In New York
In New York State, sentences for a fraud charge range from a warning, to community service, or as much as 15 days incarceration in county jail. Sentencing for a fraud conviction will likely be impacted by predicate (previous) charges and convictions. The possibility of additional charges and the potential impact on your life makes hiring a dedicated and experienced criminal defense lawyer incredibly important.
List Of Fraud Charges In New York
- Issuing a bad check. NY State Penal Code – 190.00
- Aggravated identity theft. Class D FELONY 190.80-a
- Criminal impersonation in the first degree. Class E FELONY 190.26
- Criminal impersonation in the second degree. Class A MISDEMEANOR 190.25
- Criminal sale of a police uniform. Class A MISDEMEANOR 190.27
- Criminal use of an access device in the first degree. E FELONY 190.76
- Criminal use of an access device in the second degree. Class A MISDEMEANOR 190.75
- Criminal usury in the first degree. Class C FELONY 190.42
- Criminal usury in the second degree. Class E FELONY 190.40
- False advertising. Class A MISDEMEANOR 190.20
- False impersonation. Class B MISDEMEANOR 190.23
- Identity theft in the first degree. Class D FELONY 190.80
- Identity theft in the second degree. Class E FELONY 190.79
- Identity theft in the third degree. Class A MISDEMEANOR 190.78
- Issuing a bad check. Class B MISDEMEANOR 190.05
- Issuing a bad check; defenses. 190.15
- Issuing a bad check; presumptions. 190.1
- Making a false statement of credit terms. Class A MISDEMEANOR 190.55
- Misconduct by corporate official. Class B MISDEMEANOR 190.35
- Offenses involving theft of identity; definitions. 197.77
- Possession of usurious loan records. Class A MISDEMEANOR 190.45
- Scheme to defraud in the first degree. Class E FELONY 190.65
- Scheme to defraud in the second degree. Class A MISDEMEANOR 190.6
- Scheme to defraud the state by unlawfully selling prescriptions. Class A MISDEMEANOR 190.7
- Unauthorized radio transmission. Class A MISDEMEANOR 190.72
- Unlawful collection practices. Class B MISDEMEANOR 190.5
- Unlawful possession of a skimmer device in the first degree. Class E FELONY 190.86
- Unlawful possession of a skimmer device in the second degree. Class A MISDEMEANOR 190.85
- Unlawful possession of personal identification information in the 2nd degree. Class E FELONY 190.82
- Unlawful possession of personal identification information in the 1st degree. Class D FELONY 190.83
- Unlawful possession of personal identification information in the 3rd degree. Class A MISDEMEANOR 190.81
- Unlawfully concealing a will. Class E FELONY 190.30
Our award-winning law firm is comprised of experienced, passionate lawyers ready to fight for you. We work very hard to negotiate for charges to be dismissed or reduced to a lesser charge. In the case of a fraud conviction, we work diligently and in good faith with the courts and law enforcement officials to reduce fines and penalties.
Contact An NYC Fraud Lawyer Today
If you’ve been charged with criminal fraud in Brooklyn, Manhattan, Bronx, Queens, or anywhere else in the New York City area, it’s critical that you speak with an experienced NYC fraud lawyer. The penalties for fraud can be very severe, and not to be put off. To discuss the specific facts of your case with a New York City fraud attorney, contact Frederick L. Sosinsky at (212) 285-2270.