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New York Criminal Defense Law Blog

The process of a search can impact a criminal justice case

Investigations into criminal activity usually include going to physical locations to collect evidence. This is a process that must be handled in exactly the right manner. Without the correct process, there is a good chance that all the evidence collected with be inadmissible in court.

When a warrant is issued for a search, the warrant has to state what items are supposed to be seized. The issue with white collar crimes is that the documents taken during the search must be clearly outlined in the warrant so that all paperwork isn't seized.

Understand some securities law terms often used

There are a lot of things that people find mystifying about facing securities fraud charges. One of the things that is often puzzling is some of the terms that are used in these cases. If you are facing this type of criminal charge, we want to make sure that you understand some of the terms you might come across.

One of the most important things to understand is insider trading. This occurs when a person with nonpublic knowledge about a company uses that information to help them decide what they are going to do with their stock. For example, if a person knows that something negative is going to be made public and sells off all his or her stock because of that, it would be considered insider trading. We know that this is a fine line that you have to figure out how not to cross.

Are you the victim of a market timing scheme?

While there are many kinds of investment strategies, market timing is one that can easily turn into a fraudulent scheme. Such a situation may eventually catch the attention of both the SEC and the FBI.

Meanwhile, as an individual hedge fund investor, you may suspect that you have become the prey of a scurrilous money manager who is intent on increasing his own bottom line.

Forgery charges demand urgent attention

You shouldn't ever sign someone else's name to anything, but chances are good that you've done just that at some point. Did you know that doing so can lead to a criminal charge of forgery? This is a very serious matter that cannot be ignored.

Forgery can take a couple of different forms. One of these is if you were signed someone's name on personal documents in an effort to steal that person's identity. This type of forgery is especially egregious because of the negative repercussions of identity theft. This crime can cost victims thousands of dollars and take many years to correct.

Employee theft: Stealing office supplies is still embezzlement

Embezzlement is a type of employee theft that companies and agencies regularly experience. Many embezzlers don't even see themselves as guilty of anything, let alone something that sounds so bluntly wrong, like "theft." That's because many office embezzlers go for the same items so often it's become a television trope — they steal office supplies.

However, that's exactly what embezzlement is -- theft by a person in a position of trust who uses that position to hide what he or she has done. It doesn't matter if what you are stealing is a really nice stapler and some boxes of staples or the contents of the petty cash box.

Consider the impacts of white collar criminal charges

There are many different things that you have to make sure you are in compliance with when you work in the finance industry. It is imperative that you take the time to ensure that you are doing this because failing to comply can lead to legal issues.

We understand that there are cases in which you might not realize that you are doing something wrong. In these cases, we need to work to determine what options you have for a defense. Simply claiming that you didn't know that what you were doing was wrong isn't a viable defense.

Mortgage fraud is something to avoid at all costs

Mortgage fraud is illegal. This crime can be committed by a person who is writing the mortgage or by the person who is applying for the mortgage. In both cases, serious consequences can come along with a conviction.

For a person who is writing a mortgage, fraud can occur if you fib on the paperwork. For example, don't claim that Mr. and Mrs. Smith have a combined annual income of $250,000 when that figure is actually closer to $100,000 based on the documentation provided by the couple. Mortgage fraud at the hands of the person writing the mortgage is known as fraud for profit.

Paperwork, evidence and options for your defense

We recently discussed the case of the postal worker who is accused of white collar crimes based on her actions at the post office processing center. If you recall, she was convicted on identity theft and fraud. Both of these are serious crimes.

If you are facing white collar crimes of any sort, you need to find someone to work with you who is familiar with these cases. Oftentimes, these cases come with ample evidence to go through. Knowing what to look for as you review the evidence can help you to determine what you are going to do to address the evidence in your defense.

Different types of extortion

The first part of building a strong criminal defense case is understanding the charges. Most terms for criminal activities are general categories comprising various ways people can commit that crime.

This applies to extortion, as well. The overarching definition of extortion is to force or threaten someone in order to receive money or property from the person. The following are some of the different criminal actions that fall under extortion.

Federal fraud and identity theft conviction for postal worker

When you are waiting on something to come through the mail, you expect that it will be delivered quickly. You probably don't think that your mail is going to be stolen and destroyed; however, this is exactly what happened in upstate New York.

The 27-year-old former mail carrier was recently convicted of stealing mail. She would take gift cards and cash of out of the mail coming through her center. The crimes took place from Dec. 2015 through Jan. 2016.

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