New York Criminal Lawyer Blog

Published on: February 20, 2015

Defense Firm Gets Client “Slap on the Wrist” After Alleged Forgery and Grand Larceny

by Stephen Bilkis

Under the law, white collar crime can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain. The most common white collar crimes are various types of fraud, embezzlement, tax evasion and money laundering. Many types of scams and frauds fall into the bucket of white collar crime, including Ponzi schemes and securities fraud such as insider trading. More common crimes, like insurance fraud and tax evasion, also constitute white collar crimes.

Fraud and financial crimes are a form of theft/larceny that occur when a person or entity takes money or property, or uses them in an illicit manner, with the intent to gain a benefit from it. These crimes typically involve some form of deceit, subterfuge or the abuse of a position of trust, which distinguishes them from common theft or robbery. In today’s complex economy, fraud and financial crimes can take many forms. The resources below will introduce you to the more common forms of financial crimes, such as forgery, credit card fraud, embezzlement and money laundering.

Many white collar crimes are frauds. Fraud is a general type of crime which generally involves deceiving someone for monetary gain. One common type of white collar fraud is securities fraud. Securities fraud is fraud around the trading of securities stocks, for example.

Published on: February 19, 2015

New York Appellate Court Discusses Insurance Fraud and Other White Collar Crimes

by Stephen Bilkis

New York Insurance Fraud, Grand Larceny and Your Criminal Defense: Does the Acquittal of One Charge Require the Acquittal of the Other?

“White-collar crime” is an umbrella term used to define non-violent crimes that are financial in motivation. White-collar crimes tend to exist when people use deception or fraud to steal property, rather than force. White-collar crime can include identity theft, embezzlement, insider trading, etc.

Insurance fraud occurs most often when an insured individual or entity makes a false or exaggerated insurance claim, seeking compensation for injuries or losses that were not actually suffered. Insurance fraud can also be committed upon customers, through 1) the sale of unlicensed or bogus insurance coverage to unsuspecting clients, or 2) an insurance broker or agent’s diversion or theft of insurance premiums paid by clients. –

Published on: February 19, 2015

New York Appellate Court Denies Motion to Dismiss Under Penal Code 165.03(a)

by Stephen Bilkis

New York Penal Law 165.05 & 165.06: Unauthorized Use of a Vehicle & Your NY Criminal Defense

New York Penal Law Section 165.05 on Unauthorized use of a vehicle in the third degree, states that: A person is guilty of unauthorized use of a vehicle in the third degree when: 1. Knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle. A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent; or 2. Having custody of a vehicle pursuant to an agreement between himself or another and the owner thereof whereby he or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he intentionally uses or operates the same, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or 3. Having custody of a vehicle pursuant to an agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time, he intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement. of a gross deviation from the agreement” shall consist of, but not be limited to, circumstances wherein a person who having had custody of a vehicle for a period of fifteen days or less pursuant to a written agreement retains possession of such vehicle for at least seven days beyond the period specified in the agreement and continues such possession for a period of more than two days after service or refusal of attempted service of a notice in person or by certified mail at an address indicated in the agreement stating (i) the date and time at which the vehicle was to have been returned under the agreement; (ii) that the owner does not consent to the continued withholding or retaining of such vehicle and demands its return; and that continued withholding or retaining of the vehicle may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.

Unauthorized use of a vehicle in the third degree is a class A misdemeanor.

Published on: February 19, 2015

New York Lawyer Discusses Forgery Violation (New York Penal Law 170.65)

by Stephen Bilkis

New York Penal Law 170.65: Forgery of a Vehicle Identification Number and Your Criminal Defense

New York criminal law recognizes several degrees of the crime of forgery. A person is guilty of basic forgery, or forgery in the third degree, when he or she “falsely makes, completes or alters a written instrument” with intent to defraud, deceive or injure another. Several terms in the above definition must be explored to fully understand the scope of the offense.

New York Criminal defense attorneys from Manhattan and Brooklyn to Queens and Westchester County regularly represent individuals arrested or investigated for the crime of New York Forgery in its various shapes and sizes. When the Forgery in New York involves a “written instrument,” the applicable crime, depending on a few factors, is either New York Penal Law 170.05, New York Penal Law 170.10 or New York Penal Law 170.15. The latter two offenses are felonies while the first offense is a misdemeanor. One particular offense relating to Forgery that is applicable to crimes involving cars and other vehicles is New York Penal Law 170.65, Forgery of a Vehicle Identification Number.

Published on: February 19, 2015

New York Lawyer Explains Violation of NY Penal Law 230.04

by Stephen Bilkis

New York Penal Law 230.04: Patronizing a Prostitute and Your NY Criminal Defense

The world’s oldest profession is still illegal in New York. What many people do not realize, however, is that prostitutes, pimps (or madams), and johns can all be arrested and convicted under New York state law without any sexual conduct taking place or any money exchanging hands. The state laws concerning prostitution in New York are contained in Penal Law Chapter 230.

A person is guilty of this Class B misdemeanor when he or she “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” Thus, it is important to recognize that it makes no difference whether the accused actually received money or engaged in any criminal sexual act, the mere offer of sexual services for money is just as serious under this section. Also, notably, the definition of “sexual conduct” as defined in Penal Law Section 130.00[3] and 130.00[10]) includes sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, and sexual contact. Put plainly, the laws of this chapter apply to virtually all and any sexual touching of any kind.

Published on: February 19, 2015

Criminal Possession of a Weapon in the Third Degree

by Stephen Bilkis

Under the New York Penal Law, a person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person’s home or place of business; or (6) Such person knowingly possesses any disguised gun; or (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device. For purposes of this subdivision, a large capacity ammunition feeding device shall not include an ammunition feeding device lawfully possessed by such person before the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision, that has a capacity of, or that can be readily restored or converted to accept more than seven but less than eleven rounds of ammunition, or that was manufactured before September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; or (9) Such person possesses an unloaded firearm and also commits a drug trafficking felony as defined in subdivision twenty-one of section 10.00 of this chapter as part of the same criminal transaction; or (10) Such person possesses an unloaded firearm and also commits any violent felony offense as defined in subdivision one of section 70.02 of this chapter as part of the same criminal transaction. Criminal possession of a weapon in the third degree is a class D felony.

Whether you are charged in NY with Criminal Possession of a Weapon in the Fourth Degree, pursuant to New York Penal Law 265.01, for possessing a revolver, firearm, pistol, switchblade, gravity knife or even metal knuckles, under certain circumstance prosecutors can “bump up” or raise the level of your crime from a misdemeanor to a felony. The basis of this “bump up” to Criminal Possession of a Weapon in the Third Degree, pursuant to New York Penal Law 265.02(1), is whether you have any prior criminal convictions.

Federal law regulates gun ownership to some degree, including placing restrictions on the ownership of certain types of firearms. The National Firearms Act (NFA), for instance, places restrictions on the sale or possession of short-barreled shotguns, machine guns, and silencers. In order to purchase one of these “NFA firearms or devices,” owners must go through an extensive background check, purchase a tax stamp for the manufacture of the firearm or device, and register the weapon with the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ NFA registry. However, it should be noted that some states, including New York and California, have prohibited the ownership of these types of firearms and devices.

Published on: February 13, 2015

New York Appellate Court Discusses the Crime of Perjury

by Stephen Bilkis

A person commits the crime of perjury in its most basic form when he or she “swear falsely.” Section 210 of the New York Criminal Penal Code defines the act of swearing falsely as occurring when a person makes a false statement which he or she does not believe to be true while either giving testimony or under oath in a subscribed written instrument (such as an affidavit or deposition). The seriousness of a perjury offense may increase depending on such factors as the materiality of the statement to the action, proceeding or matter involved; the setting where the criminal statement is made; and whether the law required that such statement be made under oath.

210.00 Perjury and related offenses; definitions of terms:

The following definitions are applicable to this article:

Published on: February 10, 2015

Court Discusses Medicaid Fraud

by Stephen Bilkis

Manhattan Medicaid & Welfare Fraud Ring Gets a Dose of Law Enforcement: “Operation Free Ride” Nets 19 Individuals for $350,000 Medicaid Theft

Medical identity theft is defined as “the appropriation or misuse of a patient’s or provider’s unique medical identifying information to obtain or bill public or private payers for fraudulent medical goods or services,” according to “Physician Medical Identity Theft,” in the “Journal of the American Medical Association.” It is a growing and costly issue. You, other providers, and patients are vulnerable to it. This type of theft is one of several forms of health care fraud. The Federal Government, in conjunction with State Governments, provides health care coverage for 100 million people through Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP) (1), which is equivalent to about one out of every four individuals in this country, and amounts to expenditures of more than $732 billion in taxpayer dollars per year (2). The size of these health care programs makes them targets for fraud. Both the Federal Trade Commission (FTC) and CMS track cases of provider and patient medical identity theft. The latest FTC data shows that more than 3,600 physician and patient cases of medical identity theft were reported in 2009, with more than 12,000 cases reported between 2007 and 2009 (3).

Fraud is a broad term that refers to a variety of offenses involving dishonesty or “fraudulent acts”. In essence, fraud is the intentional deception of a person or entity by another made for monetary or personal gain.

Published on: February 9, 2015

“Leandra’s Law” is coming closer to reality

by Stephen Bilkis

New York to Have Toughest DWI / DUI Law on the Books? Leandra’s Law Target’s Driving While Intoxicated with Passengers under 15

Under the New York Penal Law, operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. (Leandra’s Law) 3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

According to reports, “Leandra’s Law” is coming closer to reality. The New York State Assembly agreed on their version of the bill that will raise Driving While Intoxicated / DWI (1192.2 and 1192.3) to a felony offense in the event that a child under the age of 15 is a passenger in the vehicle. It is not clear if the felony will be applicable on DWI / DUI crimes involving drug use or merely alcohol. Both the New York State Senate and the Assembly have to agree on their respective bills before Governor Patterson signs the bill into law. We will keep our readers informed.

Published on: February 5, 2015

Credit Card Debt Settlement

by Stephen Bilkis

Have financial problems or hardships caused you to consider bankruptcy? Are harassing creditor calls, wage garnishments, frozen bank accounts, or the thought of losing your home weighing heavily on your mind?

If you are reading this page, you have probably been struggling to find a way to reduce your debts, but haven’t been successful in keeping creditors from hounding you. You may have considered bankruptcy before, but were hoping that you could work things out on your own. And, you may have even felt a little embarrassed to speak with someone about it…but don’t worry, you don’t have to do this alone.

With criminal debt settlement, a creditor oftentimes agrees to lower the outstanding debt of an eligible account by 30% or more, so you can pay off your debt.