NYC Criminal Defense

Fraud Crime Lawyer in New York

Fraud Cases are rampant in the State of New York. There are different kinds of fraud cases that the NYC Penal Law punishes severely. Fraud can take over 10 years of prison. To avoid it, you can contact our Fraud Lawyer in New York that can provide you with the solid criminal defense which you need to get off of the criminal prosecution in NYC.

In the first part of this article, we have discussed Article 170 and Article 180 of the New York Penal Law. In this article, the second part of fraud crimes in New York will be discussed. 

Defining Fraud 

By definition, Fraud is defined as a false representation of fact by words or conduct. The different acts of fraud include:

  • False accusations;
  • Fraudulent actions;
  • Misleading accusations; and 
  • Concealment of facts.

All of the above actions can be considered as fraudulent actions when they are committed with the intent to deceive another person. Some of the fraud cases are also considered as white collar crimes. Fraud Crimes

The main element for an act to be considered as fraudulent is the fact that it must relate to the material fact of the case and the accused must relate to a material fact and know that it is a false representation. A material fact is considered as a fact that is essential to the transaction. Material facts include guarantees about the item sold or a description of the property.

Fraud and Fraud cases in New York are characterized by the following qualities:

  • deliberate deception committed for the purpose of securing an unfair, or unlawful, gain or benefit;
  • It is both a civil issue and criminal;
  • When there is criminal fraud, it may be prosecuted with prison being the result; and 
  • The purpose must be for defrauding individuals or groups in order to obtain their money or anything of value.

In the State Of New York, the following are the elements of fraud:

  • The intent to deceive a victim by false representation must be present and proven by the prosecution; or
  • The intent of persuading the victim to release property as they rely on the representations of the perpetrator. This element is harder to prove as the prosecution must prove that the victim relied on the misrepresentation to make a decision. 

In a recent study, it was found out that fraud is one of the most under reported crimes in the State of New York. The reason behind this is because fraud can affect all aspects of an individual’s life but it is also often done by crime syndicates or a group of individuals. 

The individuals involved are often the ones that can pay lawyers and accountants to deal with their money and cover things up. This reason is why most innocent individuals who are prosecuted for fraud need the help of a good defense lawyer. It can be very complicated and problematic without the right experience of handling fraud cases.

The Second Part of Fraud Categories in New York

Fraud crimes in New York may also be seen in the following defined crimes, such as:

Section 190.27 or the criminal sale of a police uniform.

The police is taken seriously, especially in New York. Under this section, it is punishable for one to sell a New York police uniform. The section provides that a person is guilty of criminal sale of a police uniform when he or she sells or offers for sale the uniform of any police officer to any person. It is necessary that the buyer of the police uniform should present a valid photo identification card showing him to be a member of the police department which has authorized the requested uniform or an authorization to purchase specified uniforms signed by the police chief or the police commissioner of such police department accompanied by a personal photo identification. 

Fraud Crimes

Under this section, the term "police officer" shall

include federal law enforcement officers. The term “uniform" shall include all or any part of the uniform which identifies the wearer as a member of a police department, such as the uniform, shield, badge, numbers or other identifying insignias or emblems. The crime of the criminal sale of a police uniform is a class A misdemeanor.

There are also crimes against the estate of an individual that is considered as a fraudulent crime. Under Section 190.30, the unlawful concealing of  a will is considered a crime. An individual person is guilty of unlawfully concealing a will when, with intent to defraud, he conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument. 

Unlawfully concealing a will is a class E felony. A will should be the last will and testament of a decedent. There is no required minimum value for an estate to be considered as a violation of this law.  As long as there is a will, there is a violation of this section. It also covers a codicil which is an extra piece of paper outside the will that either adds or deletes a provision in a will. 

The nеxt fraudulent crime can be found in Section 190.35 or the crime of misconduct by a corporate official. The following acts conducted in the corporate setting:

  • When an individual, who is  a  director of a stock corporation, knowingly concurs i any vote or act of the directors of such corporation, or any of them, by  which it is intended:
    1. To make a dividend except in the manner provided by law; or
    2. To divide, withdraw or in any manner pay to  any  stockholder any part  of  the  capital  stock  of  the  corporation except in the manner provided by law; or
    3. To discount or receive any note  or  other  evidence  of  debt  in payment  of  an  installment  of  capital  stock  actually called in and  required to be paid, or with intent to provide the means of making  such payment; or
    4. To  receive  or  discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock; orFraud Crimes
    5. To apply any portion of the funds of such corporation, directly or indirectly,  to  the  purchase of shares of its own stock, except in the manner provided by law.
  • When an individual who is a director or officer of a stock corporation, does the following items:

1. issues, participates in issuing, or concurs in a vote to  issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law; or sells,  or agrees  to  sell,  or  is  directly or indirectly interested in the sale of any share of stock of such corporation, or  in  any  agreement  to  sell  the  same,  unless at the time of such sale or  agreement he is an  actual  owner  of  such  share,  provided  that  the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation. The crime of misconduct by corporate official is a class B misdemeanor.

Section 190.40 punishes criminal usury in the second degree. What is usury? Usury is considered as a fraud crime when an individual knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period. In the second degree, criminal usury is a class E felony.

Section 190.42, on the other hand, defines criminal usury in the first degree. An individual person is considered as guilty of criminal usury in the first degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or  forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period and either the actor had previously been convicted of the crime of criminal usury or of the attempt to commit such crime, or the actor’s conduct was part of a scheme or business of making or collecting usurious loans. Criminal usury in the first degree is a class C felony.

Section 190.45 defines possession of usurious loan records as a fraudulent crime. According to this section, a person is guilty of possession of usurious loan records when, he has knowledge of its nature and he intends to use it. Possession of usurious loan records is a class A misdemeanor.

Fraud Crimes

On the other hand, there are also crimes related to debt collection and credit. These crimes are considered as fraudulent crimes because they are fraudulent against an individual’s debt and credit standing.

One of these crimes include that of Section 190.50 which refers to unlawful collection practices. An individual person is guilty of unlawful collection practices when, with intent to enforce a claim or judgment for money or property, he knowingly sends, mails or delivers to another person a notice, document or other instrument which has no judicial or official sanction and which in its format or appearance, simulates a summons, complaint, court order or process, or insignia, seal or printed form of a federal, state or local government or instrumentality thereof, or is otherwise calculated to induce a belief that such notice, document or instrument has a judicial or official sanction. Unlawful collection practices is a class B misdemeanor.

Another one is under Section 190.55 which defines making a false statement of credit terms. This crime is defined as a violation of the requirements of the "Truth in Lending Act" and the regulations under it. Making a false statement of credit terms is a class A misdemeanor.

There is also a fraudulent crime whenever there is a scheme involved. Section 190.60 defines this crime as a scheme to defraud in the second degree.

  • First, an individual is guilty of a scheme to defraud in the second degree when he engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons.Fraud Crimes
  • In order to be prosecuted for this crime, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim.

A scheme to defraud in the second degree is a class A misdemeanor.

In the first degree, the crime of a scheme to defraud an individual meets a stricter penalty. According to Section 190.65 of the New York Penal Law, an individual is guilty of a scheme to defraud in the first degree when he or she does any of the following acts:

  • engages in a scheme  constituting  a systematic  ongoing course  of  conduct  with  intent  to  defraud ten or more persons or to obtain property  from  ten  or  more  persons  by  false  or  fraudulent pretenses, representations or promises, and so obtains property from one or more  of  such  persons;  or 
  • engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud  more  than one  person  or to obtain property from more than one person by false or fraudulent  pretenses,  representations  or  promises,  and  so  obtains property with a value in excess of one thousand dollars from one or more such  persons;  or 
  • engages  in  a scheme constituting a systematic ongoing course of conduct with intent to defraud more than  one  person, more  than  one  of  whom  is  a vulnerable elderly person by using false or fraudulent  pretenses, representations or promises, and so obtains property from  one  or  more such persons.

To be prosecuted, it shall be necessary to prove the identity of at least one person from  whom  the defendant so obtained  property,  but it shall not be necessary to prove the identity of any other intended victim. In the first degree, the crime of a scheme to defraud in the first degree is a class E felony.

There is also fraud when there is a scheme to defraud the state by unlawfully selling prescriptions under Section 190.70. 

An individual is guilty of a scheme to defraud the state by unlawfully selling prescriptions when he or she engages, with intent to defraud the state, in a scheme constituting a systematic, ongoing course of conduct to make, sell, deliver for sale or offer for sale one or more prescriptions and so obtains goods or services from the state with a value in excess of one thousand dollars or causes the state to reimburse another in excess of one thousand dollars for the delivery of such goods or services.  

The Scheme to defraud the state by unlawfully selling prescriptions is a class A misdemeanor. The essential element is the fact that either the state obtains the goods or services or reimburses the costs of such goods and services. This fraudulent crime often happens on welfare recipients or those who use welfare recipients.

If you are being prosecuted for a crime like this one, it is necessary that you contact a lawyer who can help you with the defense you need.

There is also Section 190.72 of the New York Penal Law which defines the unauthorized radio transmission to be a crime. 

Fraud CrimesUnder this section, an individual is guilty of an unauthorized radio transmission when such person knowingly makes or causes to be made a radio transmission in this state, on a  radio  frequency  assigned  and  licensed  by  the  federal communications commission for use by amplitude modulation (AM) radio stations between the frequencies of five hundred thirty kilohertz  (kHz) to seventeen hundred kilohertz (kHz), or frequency modulation (FM) radio stations between the frequencies of eighty-eight megahertz (MHz) to one hundred eight megahertz (MHz), without  authorization or having first obtained  a  license  from the federal communications commission or a duly authorized federal agency, in violation of federal law. The crime of unauthorized radio transmission is a class A misdemeanor.

There are also other fraudulent crimes that are also considered as white collar crimes. The following are these crimes:

  • Section190.75 Criminal use of an access device in the second degree. This one is a class A misdemeanor.
  • Section 190.76 Criminal use of an access device in the first degree. This one is considered as a class E felony.

Identity Theft

Section 190.77 are offenses involving theft of identity. Since this one is rampant especially in today’s world of the internet and social media, every individual should know more about it. 

By definition, the Attorney General’s office defines the crime of identity theft as the unlawful use of an individual's personal identification information. Identity thieves steal information such as your name, social security number, driver's license information, or bank and credit card accounts and use the information to establish credit, make purchases, apply for loans or even seek employment.

In this part, one needs to know the important aspects of the crime. According to Section 190.77, the following are the important details about identity theft that one must know:

  • The term "personal identifying  information"  means a person's  name,  address,  telephone  number,  date  of  birth, driver's license number, social security number, place  of  employment,  mother's maiden  name, financial services account number or code, savings account number or code, checking  account  number  or  code,  brokerage  account number or code, credit card account number or code, debit card number or code,  automated  teller machine number or code, taxpayer identification number, computer system password, signature  or  copy  of  a  signature, an electronic signature, unique biometric data that is a fingerprint, voice print,  retinal image or iris image of another person, telephone calling card number, mobile identification number  or  code,  electronic  serial number  or  personal  identification  number, or any other name, number, code or information that may be used alone or in conjunction with  other such information to assume the identity of another person.Fraud Crimes
  • A "personal identification number" means any number or code which may be used alone or in conjunction with any other information to assume the identity of another person or access financial resources  or  credit  of another person.
  • "member  of  the armed forces" shall mean a person in the military service of the United States or  the  military  service  of  the  state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the  New York guard, and such additional forces as may be created by the federal or state government as authorized by law.

There are different degrees of liability for identity theft and they are the following:

Section 190.78 defines Identity theft in the third degree as a Class A misdemeanor. It provides that an individual is liable for the crime whenever he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby becomes able to obtain the following:

  • obtain goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or
  • commits a class A misdemeanor or higher level crime.

Identity theft in the second degree is defined in Section 190.79. A person is guilty of identity theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or  by acting as that other person or by using personal identifying information of that other person, and thereby by doing the following activities:

  • By obtaining goods, money, property or services or uses credit in the name of such other person in  an  aggregate  amount  that  exceeds five hundred dollars; or
  • causes  financial  loss  to  such  person  or to another person or persons in an aggregate amount that exceeds five hundred dollars; orFraud Crimes
  • commits or attempts to commit a felony or acts as an  accessory  to the commission of a felony; or
  • commits the crime of identity theft in the third degree and  has  been  previously convicted  within the last five years of identity theft in whatever degree.

Section 190.80 defines identity theft in the first degree. A person  is  guilty of identity theft in the first degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as  that  other  person, or by acting as that other person or by using personal identifying information of that other person, and thereby that individual:

  • obtains  goods,  money, property or services or uses credit in the name of such other person  in  an  aggregate  amount  that  exceeds  two   thousand dollars; or
  • causes  financial  loss  to  such  person  or to another person or persons in an aggregate amount that exceeds two thousand dollars; or
  • commits or attempts to commit a class D  felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or
  • commits the crime of identity theft in the second degree and has been previously convicted within  the  last  five years of identity theft in any degree.  

There is also the crime of aggravated identity theft. A  person  is  guilty of aggravated identity theft when he or she knowingly and with intent to defraud assumes the identity of another person  by  presenting  himself  or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and knows that such person  is  a  member  of  the armed  forces,  and knows that such member is presently deployed outside of the continental United States and thereby obtains goods, money, property or services or  uses  credit  in  the name of such member of the armed forces in an aggregate amount that exceeds five hundred dollars or thereby causes financial loss to such member of the armed forces in an aggregate amount that exceeds five hundred dollars. Aggravated identity theft is a class D felony.

 

Section 190.81 of the New York Penal Law defines unlawful possession of personal identification information in the third degree. A person is guilty of unlawful possession of personal identification information in the third degree when he or she knowingly possesses the following information that belongs to another, to wit:

  • a person’s financial services account number or code;
  • savings account number or code;
  • checking account number or code;
  • brokerage account number or code;
  • credit card account number or code;
  • debit card number or code;
  • automated teller machine number or code;
  • personal identification number;
  • mother’s maiden name;
  • computer system password;
  • electronic signature or unique biometric data that is a fingerprint;
  • voice print; and the 
  • retinal image or iris image of another person.

The unlawful possession of personal identification information in the third degree is a class A misdemeanor.

Section 190.82 defines the crime of unlawful possession of personal identification information in the second degree. A person is guilty of unlawful possession of personal identification information in the second degree when he or she knowingly possesses two hundred fifty or more items of personal identification information of the following nature: 

  • a person's financial services account number or code;
  • savings account number or code;
  • checking account number or code;
  • brokerage account number or code;
  • credit card account number or code;
  • debit card number or code;
  • automated teller machine number or code;
  • personal identification number;
  • mother’s maiden name;
  • computer system password;
  • electronic signature; or 
  • unique biometric data.

The unlawful possession of personal identification information in the second degree is a class E felony.

On the other hand, the unlawful possession of  personal identification information  in  the first degree is a class D felony.

The Affirmative Defenses in Fraud

Whenever you are the subject of any prosecution for identity theft or unlawful possession of personal identification information pursuant to this article, it shall be an affirmative defense that the person charged with the offense has the following qualities: 

  • The person charged was under twenty-one years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing alcohol;
  • The person charged was under eighteen years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing tobacco products; or
  • The person charged used or possessed the personal identifying or identification information of another person solely for the purpose of misrepresenting the person's age to gain access to a place the access to which is restricted based on age.

The last two kinds of fraud cases are very different. One charge focuses on an economic effect on the individual while the other focuses on immigration assistance services.

For the first one, it is charged under Section 190.85 of the New York Penal Law. The crime is defined as the unlawful possession of a skimmer device in the second degree.

An individual is guilty of unlawful possession of a skimmer device in the second degree when he or she possesses a skimmer  device  with  the intent  that such device be used in furtherance of the commission of the crime of identity theft or unlawful possession of   personal identification information. 

What is a "skimmer device"? According to New York Penal Law, a skimmer device means a “device designed or adapted to obtain personal identifying  information  from  a credit  card, debit card, public benefit card, access card or device, or other card or device that contains personal identifying information. Basically, it is a device used to obtain personal information of another individual without his consent.” 

If you are being prosecuted for this crime, keep in mind that the unlawful possession of a skimmer device in the second degree is a class A misdemeanor. Prosecution of this crime requires proof that you are indeed in actual possession of the item with the intention to use it for skimming. 

A good defense lawyer should be able to help you defend yourself from the charges. Lack of the elements, lack of intent to possess, and all other information is necessary for the right kind of defense.Fraud Crimes

There is also Secrion 190.86 which defines the unlawful possession of a skimmer device in the first degree. A person charged with this crime is guilty of unlawful possession of a skimmer device in the first degree when he or she commits the crime of unlawful possession of a skimmer device in the second degree and he or she has been previously convicted within the last five years of identity theft  in any degree, unlawful   possession of personal identification information to any degree, unlawful  possession of a skimmer device, and grand larceny. The crime of unlawful possession of a skimmer device in the first degree is a class E felony.

Finally, another fraud crime is in Section 190.87 which defines immigrant assistance services fraud in the second degree. A  person  is  guilty  of  immigrant  assistance services fraud in the second degree when,  with  intent  to  defraud  another  person  seeking immigrant  assistance  services when he or she  violates  section four  hundred  sixty-d of the general business law with intent to obtain property from such  other  person  by  false  or  fraudulent  pretenses, representations   or  promises,  and  thereby wrongfully  obtains  such property. Immigrant assistance services fraud in the second degree is a class  A misdemeanor.

In the first degree, Section 190.89 defines Immigrant assistance services fraud in the first degree as whenever an individual, with  intent  to defraud another person seeking immigrant assistance services uses false or fraudulent pretenses,  representations  or promises,  and  thereby wrongfully obtains such property with a value in excess of one thousand dollars. Immigrant assistance services fraud in the first degree is a  class  E felony.

You Need Effective Defense

Whatever kind of fraud charge you may be facing, you need to have effective defense. There are so many issues that you could face when making your defense. An experienced lawyer is what you need. For a very sensitive issue like that of fraud, you should be able to protect yourself properly from prosecution. 

Let us help you with the decision.

For example, if you are charged with the crime of possession of forged instrument, you may also be charged with forgery. However, these are two very different crimes that need different defenses.

In the State of New York, you should be able to make the difference between being in possession of a forged instrument and forging a document. 

The Case Of Credit Card Fraud

Credit card fraud is one of the most common kinds of fraud cases in the State of New York. For the longest time, the cases are very serious and the investigations often take a long and very tedious legal process. 

Credit Card Fraud in the State of New York

In New York, Credit Card Fraud could take over 10 years of prison. There are many different kinds that credit card fraud that an individual could be prosecuted for but the most common one is caused by identity theft. 

If you have been accused of credit card fraud, you need to hire a lawyer who can help you with your case. Fraud is problematic as a case especially if you are being presented with more prosecution what an individual should face.

The Statute of Limitations for Fraud in New York

New York City also has a statute of limitations for both civil or criminal proceedings. The general rule is the limit of around six years for the prosecution to start pursuing the case. The case begins at the moment that the plaintiff is harmed by the fraudulent conduct of the accused. Of course, there are exceptions to this rule but it is often followed.

Why Do You Need A Good Defense?

If you are not yet convinced why you need a good defense, you should read on below:

A good criminal fraud lawyer would help you out of trouble. Whatever your charge may be, you are definitely worried about it. Whether the charge is true or bogus, a good representation is the only way that you will be able to protect yourself and your rights. 

Keep in mind that even the most learned individual needs the skill of litigation. If you find the right and skilled fraud case lawyer, you will be able to defend yourself and maybe not also have to reach a trial. A good fraud lawyer can protect you properly and with expediency. Defense is just as good as your innocence in a court of law.

A good defense lawyer will also be able to provide you with the right criminal defense that you need to get off of the criminal prosecution. You need to sort out the relevant information that you can present in court as well as the information that you cannot present in court. 

Make sure that you will find a lawyer who can do just that. Taking in discovery files is already a big pain, how much more if you think of defending the evidence that you are presenting? A good lawyer can help you deal with the problem, so you do not have to.

In cases of fraud, a good defense is better than innocence especially when the evidence presented by the prosecution already speaks for itself. Keep in mind that you should always be ready for any problems that may come your way. If not, you need a good lawyer on retainer.

Contact Us Today

If you need help urgently, we are always here to help. You can go to our office at 464 Ocean parkway, Brooklyn, NY 11218 or call our telephone at: (+1) 347-763-93-96. 

 

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