New York City Federal Criminal Defense Attorney

by Joseph Potashnik on January 8, 2013

If you have questions regarding Federal defense, we’ve answered more than 280 questions about these topics. We have compiled all the questions here so you can simply find the answer you’re looking for without having to search all over the internet.

There are two easy methods that will show you how to quickly find if we have the question you’re looking to be answered.

First, to the right of the page you will see a SEARCH BOX. Just type your question into the box and press enter. Any answer that is related to what you typed in will appear on the screen.

Second, underneath the search box are the CATEGORIES that we’ve answered questions on. Once you find the topic that your question is related to just click the topic. All the questions related to that topic will appear on your screen.

And remember, if you or a family member needs assistance with a federal criminal matter, call us at 212-577-6677.

What Is Criminal Misapplication Of Funds In New York?

by Joseph Potashnik on December 20, 2012

Federal misapplication of funds is a crime that occurs when an officer of a financial institution willfully converted the institution’s funds to his or her own use or benefit. 18 U.S.C.§656. In order to convict a person of misapplication of funds, the government must prove several elements:

First, the defendant must be an officer, director, agent or employee of a bank or another financial institution. Second, the bank must be a member of the FDIC, the one of certain enumerated entities. Third, the defendant must have willfully misapplied the bank’s funds with the intent to defraud the bank.

If the amount willfully misapplied is over $100, the defendant may be facing a penalty of up to $1 million and prison time of up to 30 years.

Sometimes the challenge for the government is to show that the defendant actually acted with criminal intent. As most federal courts require the proof of intent to defraud, one of the best defense strategy in misapplication cases is that the defendant committed not misapplication but maladministration. Maladministration means that the bank office did violate the rules but without criminal intent; it means that the officer did not mean to harm the bank. Maladministration is not a crime, and the matter could be resolved civilly, resulting in restitution and fines but not criminal conviction.

If you have been investigated or charged for criminal misapplication in New York, call our New York City federal criminal defense lawyers today at 212-577-6677 to schedule an immediate consultation.

How Will My NYC Federal Pre-Sentencing Report Affect My Future?

November 2, 2012

Let’s say you  were convicted of a federal crime in New York  City, and now the  trial has moved to the sentencing phase. One of  the first steps in this  process will be the compilation of a Pre-Sentencing Report (PSR) by the probation officer. The PSR is meant to sum up the details relevant to [...]

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Facing Federal Drug Charges In NYC

October 27, 2012

If you are prosecuted on a drug charge in an NYC federal court,  you will face a far harsher  system than someone dealing with New York state drug charges. Unlike in New York state court system,  federal  prosecutors generally  do not offer to  dismiss  a case or agree to a misdemeanor plea in exchange  for [...]

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Can Prosecutors Imply At Trial That I Committed Previous Bad Acts?

October 19, 2012

Many people  know that, in a federal criminal  case in New York, the general rule is that the prosecution may not introduce  evidence  of previous bad acts  by the defendant in order  to  prove  that the defendant committed  the bad acts alleged against him in the current case.  (As with many other rules  of evidence, [...]

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What If I Am Accused Of Securities Fraud?

October 5, 2012

New  York securities brokers who commit securities fraud may face potentially very severe  legal consequences if they are convicted. One common and relatively simple type of securities fraud committed  by New York security brokers is misrepresenting the prices at which securities were bought and sold, thus earning illegal trading profits for their employer and  receiving [...]

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Will I Be Found Guilty If There Is DNA Evidence Against Me?

September 12, 2012

DNA evidence is a major  weapon in the prosecution’s arsenal. It is most often presented to prove that a defendant accused of possessing a prohibited item actually had the item in his or  her possession. Without an effective defense strategy to counter it, such DNA can successfully clinch  the case against the defendant, resulting in [...]

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Can The Prosecution Bring Up My Previous Bad Conduct At Trial?

September 6, 2012

Among the types of impermissible evidence excluded under the Federal Rules of  Evidence  is  evidence of prior bad acts by the defendant. The prosecution may not offer  evidence of the  defendant’s previous bad conduct in order to support their case that the defendant committed the crime he or she is on trial for. A  defendant [...]

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How Do Previous Convictions Affect My Federal Sentence?

August 24, 2012

If you have been convicted  of a crime, your sentence may be affected  by your  previous criminal  record. The Federal Sentencing Guidelines contain provisions outlining the ways in which this can happen. Three  points are added for each previous conviction if  you were sentenced to prison  and  the maximum prison time for that crime is [...]

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What Is Customs Fraud?

August 17, 2012

One type of Customs fraud occurs when parties criminally or fraudulently agree to evade Customs duties by raising the price of imported merchandise. Usually this scheme is an attempt to avoid antidumping duties. Antidumping duties are applicable under U.S. law only when two concurrent circumstances have been administratively determined. First, merchandise must be sold at [...]

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