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

December 30, 2011

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?

December 29, 2011

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?

December 29, 2011

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?

December 22, 2011

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?

December 13, 2011

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?

December 13, 2011

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?

December 12, 2011

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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What Happens When My Company Self-Reports Me To The SEC?

October 27, 2011

When a Securities Exchange Commission’s (SEC’s) Division of Corporation Finance or the Office of Compliance Inspections and Examination agent contacts a company or specific personnel of the company, it would usually light headlights of possible securities fraud investigation. An enforcement investigation is generally triggered by the company’s self-reporting to the SEC, which is a post [...]

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When Is Trading On Insider Information Crossing The Line?

October 27, 2011

The answer is debatable, which is good news for defendants who are currently charged with insider trading; it means that there is a fighting chance. Whether you are a trader or an investor, you know that you are crossing that invisible line between legitimate trading and insider trading when a Securities Exchange Commission’s (SEC’s) investigator [...]

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What Happens When The SEC Audits My New York City Business And Personal Accounts?

October 27, 2011

When you are notified that the Securities Exchange Commission (SEC) is auditing you, a SEC agent has probably approached you several times before; first for document production, then for an “interview”. Bringing an auditor into the equation is usually the third step in the investigative process to weed out securities fraud. However just like steps [...]

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