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New York Criminal Defense Blog

Do you have any options after a conviction?

You get arrested on fraud charges, and you find yourself in court. Even from the beginning, you cannot imagine they're going to convict you. Maybe you think you did nothing wrong. Maybe, regardless of what happened, you do not think they have any evidence against you. It feels like you should get through the case and put all of this behind you quickly.

Then, stunningly, you get convicted. You can't believe it. You feel like your whole world just came crashing down around you. For the first time since you got arrested, it begins to feel like a bad dream, and you just can't escape.

Understanding campaign contribution limits

With activities related to the next presidential election already underway, it is not uncommon for many people in New York to be giving consideration to which candidate they would like to support. In addition to voting for a particular candidate, many people opt to provide financial support to assist with their preferred candidate's campaign. Before jumping in to donate money to someone running for political office, however, it is important to learn a bit about the laws that govern political campaign contributions.

As explained by OpenSecrets.org, since the Bipartisan Campaign Reform Act was passed in 2002, the amount of money that could be donated as a campaign contribution has increased every other year. In addition, a 2014 Supreme Court ruling eliminated the cap on how much money an individual or entity could give overall while retaining limits on single donations.

Credit union executive's conviction leads to state takeover

People who live in New York and who are involved in the financial services industry know that theirs is a highly watched and regulated sector of business. While this is certainly understandable, given that professionals are in charge of other people's money, it can also provide unique challenges for banking financial services professionals as their every move may be under scrutiny.

The line between smart financial choices and criminal action can be very thin and even blurry. In some cases, people may find themselves accused of offenses that they are surprised about. One man who was the head of a credit union based in Manhattan for 11 years may well be one of these people.

MTA investigation centers around overtime pay

Residents in New York know how essential the public transit system is to make things work in and around New York City. Keeping on top of maintenance, repair and modernization needs certainly is no small task. This task, in fact, is exactly why union officials and some others are asserting that the Metropolitan Transportation Authority saw a major spike in the amount of money paid out in overtime to employees in 2018.

That assertion, however, is not necessarily one that some other entities agree with. According to Newsweek, a report from The New York Times indicates that an investigation has been launched into the overtime payments of several MTA employees. This investigation comes on the heels of reporting from a watchdog group that is responsible for collecting public employee data. The report indicates that in 2018, MTA's overtime payments increased by nearly $420 million.

Mail fraud and the internet

When a crime of deceit crosses New York borders through the use of a private interstate carrier or the U.S. Postal Service, it becomes mail fraud. One of the most common federal criminal charges, it includes a variety of schemes intended to defraud victims.

According to FindLaw, mail fraud typically involves sending a physical item, such as a receipt, contract or other communication associated with the scam, across state borders. Deceits of this nature often include exchanging, distributing, selling, supplying or using counterfeits. They may also focus on obtaining money or property under false pretenses.

"Pill mill" accusations may be more serious than you realize

A doctor who gets accused of running a "pill mill" scheme is usually someone who prescribes medications that patients do not really need for medical purposes.

For instance, someone may come in after an injury to get prescription painkillers. They could then get hooked on those painkillers while taking them legally. After they get addicted, they could keep coming to the doctor and asking for more, which the doctor gives them even long after the patient no longer needs them. In some cases, they also overprescribe the medications so that patients can take more than they need or so they can sell them to a third party.

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.

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