New York City Fraud Lawyer

The offenses under New York Penal Code for fraud are varied. They can range from offenses involving forgery and falsifying business records to insurance fraud and bribery. Regardless of the exact nature of the charges, New York takes fraud very seriously.

With penalties ranging from misdemeanors to felonies, conviction under many of these statutes may involve a jail sentence. A New York City fraud lawyer will work with clients who have been accused of fraud to defend their rights in court and protect their reputations. Contact a qualified white collar defense attorney who can advocate for you. En español

Fraud Laws in New York City

When people think of fraud, they may imagine a large-scale system designed to scam hundreds of people out of their money. While massive Ponzi schemes such as these do exist, far more common are these examples of fraud:

Forgery

Forgery is defined as when a person, with the intent to defraud or deceive another, falsely makes, completes, or alters a written instrument that is purported to be an official document. Exactly what this official document is supposed to be determines the severity of the fraud charge. While falsifying a stock certificate is Forgery in the 1st degree, a Class C felony, altering a will is Forgery in the 2nd degree a Class D felony.

Falsifying Business Records

Under New York Penal Code § 175.05, A person is guilty of falsifying business records in the second degree when, with intent to defraud, they:

• Make or cause a false entry in the business records of an enterprise
• Alter, erase, obliterate, delete, remove or destroy a true entry in the business records of an enterprise
• Omit to make a true entry in the business records of an enterprise in violation of a duty to do so which they know to be imposed upon them by law or by the nature of their position
• Prevent the making of a true entry or cause the omission thereof in the business records of an enterprise

This is considered to be a Class A misdemeanor. If the falsification was done as a step in the commission of another crime, the charge will be Falsifying business records in the 1st degree, a class E felony.

Issuing a Bad Check

As a local fraud lawyer could explain, issuing a bad check is classified as a class B misdemeanor under New York Penal Code § 190.05. In short, this is defined as when a person writes a check while knowing that there are insufficient funds in the attached account to cover the amount listed.

Civil vs. Criminal Actions

While fraud is certainly a cause for concern in the criminal courts, people accused of fraud often face civil liability as well. These cases are considered entirely separately and just because a person is charged with fraud by the police, does not mean that a civil case will follow. The inverse is also true.

Additionally, if a person is found guilty by the criminal court of fraud, it is not necessarily true that the civil case will come out the same way. A New York fraud attorney can help clients to further understand the differences between criminal and civil fraud, and to defend themselves accordingly.

Evidence in a Fraud Case

When the State of New York pursues fraud charges, the evidence it relies on depends on the facts of the case. There are many different types of fraud offenses under state and federal law, and the evidence needed to prove one might not be the same as another.

Witness Testimony

The prosecution can call witnesses in fraud trials just like in any other criminal case. The importance of their testimony will vary, but it could be the most important evidence in certain cases. This could include having co-conspirators, co-workers, employees, or friends of the accused testify about their observations around the time of the allegedly fraudulent act.

Digital Evidence

Certain types of cases—particularly wire fraud—involve the use of electronic or digital evidence. The police could secure a warrant to track certain transactions to an IP address in an effort to prove that the accused was the one who sent an email or accessed a document. Prosecutors might also use copies of digital communications to show that one party acted with the intention to defraud another. Digital evidence can play a major role in the state’s case, and investigators will go to great lengths to discover it. This can include relying on experts to recover text messages or other data that was deleted from a device.

Forged Documents

Many fraudulent acts involve the use of forged paperwork. This might include altering financial statements to make a company profitable when it is not, or creating a degree from a prestigious university that was never earned. These forgery devices can be central to the state’s case.

Potential Defenses

A large portion of fraud crimes rely on the prosecution demonstrating to the jury that the defendant intended to defraud another person. Therefore, a defendant’s argument that they did not know that they were committing fraud can certainly hold water. It is the prosecution’s responsibility to demonstrate your knowledge of your actions.

Facing charges of fraud can be daunting, but that does not mean a conviction is certain. A New York City fraud attorney can develop a strategy that protects the defendant and highlights the weakness of the prosecution’s case. With the right approach, it may be possible to have a case dropped without the need for a trial.

Constitutional Violations

One of the strongest defense options involves the constitutional right against illegal search and seizure. If the police search a defendant’s car or home illegally, a New York City fraud attorney has the ability to file a motion with the court to exclude anything they discover from trial. When these motions are successful, it can make it impossible for the government to prove their case.

A person lacks the intent to commit a crime if they perpetrate fraud due to coercion or duress. If an individual meets all of the elements of the offense, they could still avoid a conviction if they can show they only committed the crime because they were facing threats of harm. This might also include threats made against the loved ones of the accused.

Lack of Intent

A conviction for fraud requires evidence of criminal intent. It involves an intentional act designed to deprive someone else of their property through deception. That means a person who did not intend to make a misrepresentation of a material fact has not committed a crime, even if their actions ultimately led to another person’s financial harm. Bad business deals and poor advice can be costly, but they are not a criminal offense. For an act to be considered fraudulent, it cannot have been accidental.

Let a New York City Fraud Attorney Assist You Today

If a person is accused of a crime that is considered to be fraud, they may be scared and confused. A New York fraud lawyer can be an invaluable asset during this difficult time.

New York City fraud lawyers work with clients to better understand the nature of the charges being brought against them, to formulate an effective defense and protect their liberty.

From arraignment, to pre-trial hearings, to a potential trial, a lawyer will be with you every step of the way. Do not take any unnecessary chances, contact an attorney today.