You hear the word "fraud," and immediately may think of nefarious characters looking to steal millions from businesses or private citizens in New York. In reality, however, fraud accusations can be far-reaching. The Federal Bureau of Investigation defines it as "the intentional perversion of the truth for the purpose of inducing another person or other entity in reliance upon it to part with something of value or to surrender a legal right." This potentially broad application has led many of those that we here at Sapone & Petrillo, LLP have worked with to be unwittingly accused of conducted fraudulent activities. One such activity that is becoming increasingly prevalent is return fraud.
Perhaps one of the reason why so many are seemingly quick to adjudicate those accused of crimes in New York as being guilty in the court of public opinion is that they view criminal activity as being largely "black-and-white" (either one did commit a crime, or he or she did not). Yet in many cases, it is not that simple. Cases involving fraud, for example, can often arise due to simple mismanagement or judgment errors (such as offering bad investment advice or inadvertently comingling funds). In these cases, the actions of the accused should be closely examined to see if there truly was any criminal intent involved.
When you own your own business in New York (or are least charged with the marketing one), you may quickly discover that acheiving success often requires not only staying current with industry best practices, but also in observing and learning from your competitors. That may include taking some of the things that have helped make competitors successful and implementing them in your own business. Yet this prompts the question of at what point does doing so qualify as intellectual property infringement?
No matter how the situation panned out, a fraud charge can often be the beginning of a long and arduous legal battle. Some New York residents who have faced repercussions for such charges are left picking up the pieces long after a charge has come and gone. According to some sources, a new type of fraud has swept across the nation: business email compromises.
Wise use of your money may include placing it in investment accounts in the hope of generating a strong return over time. However, if you are like most in New York, you are more than likely a "hands off" investor that leaves the management of your portfolio to a professional. There is wisdom in this; after all, the industry specific knowledge and experience a broker brings makes him or her more likely to develop a sound investment strategy. However, relying solely on him or her may open the door for fraud. One form of such fraud is known as "churning."
Among one of the most common types of white collar crimes in New York City is wire fraud. Similar to mail fraud, wire fraud constitutes as any financial deceit using informational technology, and comes with serious consequences. Those charged with wire fraud often face decades behind bars, as well as thousands in fines. Nevertheless, wire fraud is the most widely used form of financial deception in the country, and countless New York residents are arrested each year on wire fraud charges.
New York residents who find themselves unable to work due to an injury or illness related to their jobs may well be eligible to file for and receive workers' compensation benefits. If they have additional personal insurance coverage that provides lost income benefits, that may be one other avenue via which they can receive income during times like these.
Any person in New York who has ever tried to get a ticket to a major concert or even to a popular play or musical knows that it can be difficult to get the seat they want at the price they are willing to pay. Purchasing tickets to events like these today is different than in years past in part because there are many sources for these tickets as they are not always sold directly from a box office or one centralized ticketing outlet.
The Fourth Amendment protects Americans against unlawful searches, and a recent case being brought against a New York financier has shined a light on the issues with search warrants in fraud cases. As Forbes reports, a judge recently slammed the FBI for violating the financier's constitutional rights with their overly broad search warrant.
Listen to any case involving a charge of fraud of New York, and you will likely hear some form of the word “intentional” used multiple times. Many of those that we here at Sapone and Petrillo LLP have helped over the years have come to us with concerns that their legitimate business intentions would be mistaken for fraudulent activity. Fortunately, the law does not totally leave you at the mercy of one who might accuse you of alleged illegal activity. Your intent plays a big role in determining whether or not charges may be warranted in such a case.