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New York Criminal Defense Law Blog

Know how your defense options impact your life now and later

Facing criminal charges of any sort can throw a wrench in the plans you made for your life. The difficulty of dealing with these situations is affected by the type of charge you face. Dealing with a misdemeanor isn't going to require quite as much effort as you would put into a fighting against a felony charge. This doesn't mean that you should just ignore a misdemeanor and let the chips fall where they may. Instead, you must take immediate action for any criminal charges.

One way that a felony conviction can impact you in New York is that your right to vote might be pulled from you. In this state, you can't vote if you are incarcerated or on parole. Any other felons, including those on probation, can register to vote.

The difference between violations, misdemeanors and felonies

Figuring out the New York criminal system can be pretty difficult if you aren't familiar with the terminology being used -- and being in a courtroom where everyone is throwing around words that are meaningless to you can be confusing and intimidating.

One of the first things that anyone who is charged with any sort of offense should understand is the difference between a violation, a misdemeanor, and a felony.

Understanding tax fraud

In the United States, tax law can be incredibly difficult to understand. That is because while the country has a number of laws on the books that punish people for attempting to evade taxes through fraudulent means, it remains perfectly legal to attempt to avoid taxes by structuring your business ventures in ways that make use of the various safe havens and incentives in the law. The line between the two activities can often seem unclear, though, so it can be helpful to know exactly where the IRS draws the line if you are going to be responsible for business taxes.

3 types of securities fraud

Securities fraud is usually the result of false or misleading statements about a company or stock -- or omission of important information about a company or stock. When others make investment decisions as a result of the misrepresented or omitted information, and they suffer financial damages, it could give rise to a securities fraud claim.

Here are three common types of securities fraud:

White collar crimes might include elderly victims

Fraud comes in many forms, but some cases put a very vulnerable population in danger. This occurs when the elderly are the victims. Some people hear that an elderly person was taken advantage of and they automatically think the worst of the person who is accused of the fraudulent activity. Of course, there can be more to the story than what meets the eye.

We know that you may not have meant to defraud the senior citizen you are accused of taking something from. In some cases, the elderly person's mind might not enable him or her to remember that the individual gave you permission to take items or funds. When this happens, you can end up in legal hot water.

White collar crimes and similar crimes have significant penalties

In our previous blog posts, we have discussed some white collar crimes. In the most recent one, we discussed a securities crime case. In all of these cases, the defendants aren't automatically assumed to be guilty by the court. Instead, they have the right to present a defense against the charges in an effort to show that they aren't guilty.

When it comes to white collar crimes, the paper trail is something that is often placed at the front of the prosecution's case. The investigators might have spent considerable time working on the case before any mention of criminal charges were made.

Alleged Ponzi scheme leads to criminal charges

Charges were filed against two New York businessmen by the Securities and Exchange Commission on Jan. 27, 2017. It is alleged that they were responsible for running a complex Ponzi scheme that duped investors out of more than $81 million dollars.

Their scheme involved the alleged bulk purchasing and reselling of tickets to high-profile events including to the hit Broadway show "Hamilton" as well as concert tickets to see the singer Adele. The pair is said to have taken advantage of more than 125 investors from across 13 different states.

What exactly is a white collar crime?

The term "white collar crime" was coined in 1939, back in the day when every good businessman wore a suit and a stiff white-collared shirt. Only common laborers wore dark shirts to help hide the dirt or dust from their jobs.

The term has now become synonymous with crimes committed by a business professional who uses intelligence, deception and sometimes charisma to pull off a range of non-violent offenses, like identity theft, embezzlement and different types of fraud.

SEC moves forward with fraud investigation of investment business

The Securities and Exchange Commission (SEC) is investigating an investment business that is accused of misappropriating almost $4 million in funds from investors.

What are the accusations? The business is accused of misleading investors on the use of the money that was given to the business. Investors were allegedly told the money would go towards "up-and-coming hedge fund managers for investment purposes."

The SEC is investigating allegations that the funds were not transferred as promised - that the money did not really go to hedge fund managers as they were told. Instead, the federal agency is looking into whether the funds were commingled with other accounts in a "scheme to siphon away investor funds" and use significant portions of the investments for "personal use and unauthorized business expenses."

Understand what can occur in a criminal justice trial

Many criminal cases are resolved before they ever make it to a trial. For the ones that do end up going to trial, there are often some misconceptions about what happens during these trials. It is imperative that any defendant who is taking their case to trial have a basic understanding of what will happen during the trial.

The first step in the criminal trial is the jury selection. This process involves the prosecution and defense because each side has the right to call the suitability of a juror into question. Once the jury is chosen, the criminal trial can proceed.

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