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Represented a client indicted with conspiracy to bribe public officials to avoid inspection of prohibited products

Case resulted in non-prosecution agreement with client agreeing to pay all disgorgements (bribes payments and gifts to officials).

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Represented a client who was involved with felony murder and weapons charges

Trial before jury lasted approximately 5 days. The matter went to verdict and our client was acquitted on all counts. ...

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Represented a client accused of Mortgage Fraud by participating in a massive straw buyer and flipping real estate scheme

We secured a deal with the government for our client to repay full restitution and sentenced on probation.

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Represented our client in a multi-million dollar fraud investigation by the U.S. District Court, Southern District of New York

Client was involved in a massive Holocaust reparations fraud scheme. We persuaded the U.S. Attorney’s Office to defer prosecution, ...

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Represented an owner of a real estate agency who was investigated by the FBI for conspiracy to commit Bank Fraud in a Mortgage Fraud scheme

Our attorneys convinced the prosecutors not to bring criminal charges against our client under the term of full restitution.

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Represented a nursing home investigated for Medicare Fraud by the New York Office of Inspector General

We negotiated a plea deal that guaranteed our client a sentence of probation with structured re-payment plan.

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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.

When you first look at the Martin Act, the law seems like a redundant definition of scheming to defraud as defined in New York Penal Law § 190.05, but in fact, these two crimes are different, in both definition of fraud and the criminal procedures that follow.

The Martin Act is a New York business legislation that gives the New York State Attorney General additional powers and discretion to fighting various forms of business fraud. The Attorney General is given in house subpoena power by the Martin Act, which gives him the power to subpoena witness, compel their attendance, and examine the witness under oath in court.

What is frightening for many defendants, who comply with the Attorney General’s subpoena under the Martin Act, is their denial to the right to counsel. Specifically for securities fraud cases under the Martin Act, the defendant or the witness has no constitutional right to counsel when being questioned during an Attorney General’s investigation. You can arrive with an attorney to answer a subpoena, but you do not have the right to one if you arrived alone.

Who is more likely to be charged under the Martin Act?

Fraud crimes charged under the Martin Act are generally more serious that those charged under the New York Penal Law. The scheme to defraud under the Martin Act must be an ongoing systematic scheme to defraud ten or more people. This crime requires that the prosecutor to prove that the property was actually obtained from one or more persons during the fraud.

Although the Martin Act is business legislation, this does not mean that the act is enforced without teeth; criminal consequences such as fines, and incarceration may follow a conviction under the Martin Act.

And since defendants are denied the right to counsel during an Attorney General’s investigation, defendants and witnesses easily incriminate themselves. What is advised for those who are subpoenaed by the Attorney General is to call a criminal defense attorney before the compliance date is scheduled.

If you have been arrested or charged with securities fraud under the Martin Act in New York City, then call our office at (212) 577-6677 to get professional legal advice.

Represented a nursing home investigated for Medicare Fraud by the New York Office of Inspector General

July 11, 2013

We negotiated a plea deal that guaranteed our client a sentence of probation with structured re-payment plan.

Read the full article →

Represented an owner of a real estate agency who was investigated by the FBI for conspiracy to commit Bank Fraud in a Mortgage Fraud scheme

July 11, 2013

Our attorneys convinced the prosecutors not to bring criminal charges against our client under the term of full restitution.

Read the full article →

Represented our client in a multi-million dollar fraud investigation by the U.S. District Court, Southern District of New York

July 10, 2013

Client was involved in a massive Holocaust reparations fraud scheme. We persuaded the U.S. Attorney’s Office to defer prosecution, resulting in the case being closed.

Read the full article →

Represented a client accused of Mortgage Fraud by participating in a massive straw buyer and flipping real estate scheme

July 10, 2013

We secured a deal with the government for our client to repay full restitution and sentenced on probation.

Read the full article →

Represented a client who was involved with felony murder and weapons charges

July 10, 2013

Trial before jury lasted approximately 5 days. The matter went to verdict and our client was acquitted on all counts.

Read the full article →

Represented a client indicted with conspiracy to bribe public officials to avoid inspection of prohibited products

July 10, 2013

Case resulted in non-prosecution agreement with client agreeing to pay all disgorgements (bribes payments and gifts to officials).

Read the full article →

Represented a US textile company investigated for failing to file tax returns for its subsidiaries abroad for over 5 years

July 10, 2013

Case resulted in civil penalties with no criminal charges filed.

Read the full article →

What Is Criminal Misapplication Of Funds In New York?

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, […]

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