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New York Criminal Defense Blog

Elements of wire fraud and how to spot it

Cases of wire fraud are common in New York and throughout the country. It is important to understand what constitutes wire fraud and some warning signs to be able to identify when it occurs.

According to the United States Department of Justice, the elements of wire fraud are similar to mail fraud except the acts use some type of electronic or telephone communication. It is a crime when someone purposely designs a scheme to defraud another out of money and this interaction takes place over interstate wire communications. In a court setting, a prosecutor must be able to prove that the defendant knowingly participated in a defrauding scheme electronically and used false pretenses. 

The impact of embezzlement charges on one's career

Embezzlement charges can give rise to a plethora of challenges, such as anxiety over heading to court, financial penalties and even time behind bars. With that said, these allegations can disrupt someone's life in many other ways. For example, someone who is accused of embezzlement in New York may find that the accusations disrupt their career in many ways. They may find themselves out of work after allegations of embezzlement arise, and they may even be unable to secure a position in their field later on. For these reasons, it is important for those accused of embezzlement to examine their legal options carefully.

When someone is accused of embezzlement, their reputation may be shattered right away. They may find that the accusations have a major impact on their relationship with colleagues, business partners and prospective employers, and they may have a hard time recovering from these charges when it comes to their career. If they are looking for work in the same field, especially if the job they are interested in has many financial responsibilities, their record may make it nearly impossible for them to find work.

Examining the risk factors of financial fraud in an organization

When companies in New York start looking for new personnel to add to their pool of talent, their focus is often on the competencies those individuals can bring to the table. They look at their strengths, their previous work history and the results of their performance at past places of employment. Another critical characteristic they should be looking for is integrity. Without it, any company is at significant risk of experiencing circumstances that could ultimately lead to its downfall. 

According to scienceofpeople.com, an alarming 3.7 trillion dollars is estimated to be lost each year due to fraud. While this number reflects a global result, it is still alarming in that fraud is prevalent everywhere and costs an average business nearly 5% of its revenue. Preventing fraudulent activity begins with corporate leaders and their implementation of protocols that should be actively taught to employees and enforced down the chain of management. When infiltrated from the core of an organization's processes, companies can be much more prepared to prevent fraud and to circumvent suspicious behavior before it turns costly. 

What are the different types of internet crimes?

The world is filled with technology, from the internet and cellphones to virtual devices and voice-activated technology. Although it allows people to connect with one another, creates advancements in business and provides access to unlimited resources, the internet can be a dangerous place full of crime.

Millions of companies store employee information and financials in paperless files on the innerweb or in giant databases. People who access this stored communication illegally are often referred to as hackers. People can have their credit card information, social security numbers and other personal data stolen and used for a malicious purpose through hacking and database breaches.

Text messages can be manipulated

If you find yourself facing charges, there's a chance that your text messages could make their way into court as evidence. These days, many people send far more messages than they make actual phone calls. And it's not just texting. They send messages through social media apps like Instagram and Facebook Messenger.

For you, the downside is that this creates a fairly clear "paper" trail. Something said in person may be incredibly debatable. But something that you wrote out in a text message carries a lot more weight with the judge and jury. It can completely define the outcome of the case.

Criminal justice reform in New York

Talk about crime and how to address it is nothing new to people who live in New York. Most people would agree that it is important for lawmakers and law enforcement agencies to work to protect the safety of citizens but that would should be equally balanced by ensuring that the rights of people accused of crimes or even convicted of crimes are properly respected. How to achieve this is where disagreements can come into play at times.

As explained by City and State New York, the state was hoping to make progress on some criminal justice reform by the first part of April in 2019. It seems that may take more time and that might end up being acceptable so long as the progress is made. There are multiple topics being addressed under the large umbrella of criminal justice reform.

What is pink collar crime?

The name may sound sexist, but the title of the CBS show aptly introduces a niche area of law: Pink Collar Crime. You and other New York residents may be interested in learning how traditional white collar crimes committed by women can differ from those attributed to men.

As you may already know, white collar crimes involve people who are placed in a position of trust, financially, by their employers. They may be accountants, bookkeepers, office managers or financial advisors. They can be anyone with knowledge and access to a business’s financial transactions, bank accounts, client information and financial history. White collar crime includes financial fraud, embezzlement and money laundering, as well as Ponzi schemes. As Forbes explains, pink collar crime doesn’t just pertain to white collar crimes that are committed by women, but also the reasons many women commit the crime or their subsequent emotional reactions to it.

What does U.S. Customs and Border Patrol do?

If you are like a lot of people in New York, you may at times get confused between the various federal agencies that may be involved in immigration activities. There is the United States Immigration and Customs Enforcement office but there is also the United States Customs and Border Patrol. While these two entities may work together, they are separate and have distinct purposes. Interactions with either may involve or contribute to federal criminal charges.

As explained by the U.S. CBP, their mission is to keep the nation safe from what they refer to as "dangerous people" who might be trying to get into the country. The agency's officers may be part of special response teams, horse patrols or K-9 inspections. The agency oversees not only the 328 direct ports of entry but a variety of preclearance locations as well. They have the authority to apprehend, detain and arrest individuals.

Double jeopardy may impact case in New York State

People in New York may be well aware of the myriad of legal issues that have been plaguing the former campaign chair to the current President. However, they may not always understand some of the legal nuances involved in the cases, including in the recent case involving 16 criminal charges that have been initiated in New York State. 

Similar to the charges the man was recently sentenced for, the new case essentially revolves around an alleged scheme to defraud and involves allegations such as falsifying business records and mortgage fraud according to NBC News. The Fifth Amendment to the U.S. Constitution has a provision for what it calls double jeopardy. This essentially prevents a person from being tried for the same charge twice and prevents them from having multiple sets of consequences for the same charge. 

Removing an embezzlement conviction from your record

A criminal conviction for embezzlement can significantly hinder your opportunities to move with your life after you have completed whatever criminal penalties your convictions forced you to complete. For this reason, many in your same position have come to us here at Sapone & Petrillo, LLP asking if such an offense can be expunged from their public record. While that state of New York certainly does not want to hinder your chances of success following a criminal conviction, it does not provide a means through which an embezzlement conviction (or any criminal conviction, for that matter) to be expunged. However, it does allow your record to be sealed. 

Having a record sealed differs from expungement in that details of a conviction remain on your public record. However, those details cannot be accessed through standard means (e.g., a background check). Thus, your conviction would not appear on a mandatory check that comes with applying for a job or a loan; anyone who wanted to see it would first have to obtain a court order to do so. In fact, you may technically be able to deny that you were ever found guilty of a crime in the first place.  

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