New York City Federal Criminal Defense Attorney

What Is The Required Intent In Federal Conspiracy Cases?

What Is The Required Intent In Federal Conspiracy Cases? In multi-party conspiracies often many people commit numerous acts. Not every behavior is criminal. In order to be found guilty of a conspiracy one should have the same mental state as the underlying substantive crime.  In other words, there should be an agreement to commit a [...]

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When Does Doctor Shopping Scheme In New York Become a Crime?

“Doctor shopping” is a common tactic of people who are addicted to prescription medications. Usually,  the addict convinces an authorized provider to prescribe medication based on symptoms.  The addict will then continue to find other doctors to prescribe the prescriptions.  These prescriptions will be filled at various pharmacies to avoid raising suspicion. As long as [...]

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What Is A Defense Against Credit Card Fraud Charges In New York?

Credit card fraud is the broad range of crimes involving unwanted charges on an individual’s credit card and generally constitutes fraud that will usually be a federal crime.  This may be as sinister as identity theft or as simple as a merchant billing for goods and services not rendered. Perfectly innocent people will be accused [...]

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What Are Signs Of A Ponzi Scheme And How Do I Know If I Am Associated With One?

The most savvy of investors will tell you that an investment that provides high and consistent initial returns is suspicious.  Furthermore, if you bear almost no risk with the investment and are encouraged to actively recruit more investors, this is almost certain a red flag that the investment may be a Ponzi scheme. Anti-fraud enforcement [...]

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How Do I Know Which Computers Are Protected By Federal Law?

In computer crimes law, there is the distinction of a “protected” computer.  Hacking or unauthorized access into these computers is a state and federal crime and will carry the appropriate penalties. In a broad sense, a protected computer under federal law is any computer used by a financial institution or government agency.  This also includes [...]

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How Can Paying Restitution In Financial Crimes In New York Help Your Defense?

In criminal matters, Restitution is the return of a financial benefit reaped by the defendant at the loss of the claimant.  This is different from compensation, where the defendant pays for losses incurred by the claimant. Restitution is most common in cases where one party (firm, advisor, professional) has breached the fiduciary duty to another [...]

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What Is The Difference Between Felony, Misdemeanor, and Disorderly Conduct Charges In New York Criminal Justice System?

In New York, there are two types of crimes – felony and misdemeanor. Both are crimes and if you plead guilty to a felony or a misdemeanor, you will have a permanent criminal record. When a defendant is charged with Felony, he or she may be sentenced to more than a year in prison. In [...]

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Will I Face The Same Penalties If My Fraudulent Scheme Does Not Succeed?

In a federal fraud case, the government will need to prove not that you caused damages, but you had the intent to commit fraud with your scheme.  This is consistent with our legal system, which takes into account the guilty mind or “mens rea” of an individual accused of a crime. Additionally, the government does [...]

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Can I Be Forced To Forfeit My Property To The Federal Government?

The state may confiscate property that was gained through the commission of a crime or property that was gained through that crime.  Although primarily used to seize the property of drug kingpins and other violent criminals, it can also be applied to financial crimes.  In fact forcing the forfeiture of assets has become the preferred [...]

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What Is The Crime Of False Business Entry?

According to 18 U.S.C. §§ 1005 and 1006, False Entry is a felony crime where financial institution officers, agents or employees make false business entry reports in an attempt to defraud. In the beginning of an investigation, the government looks for some specific elements to charge a person with False Entry, such as, False Entry Records. [...]

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