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New York Criminal Defense Law Blog

An overview of federal securities law

The success of the stock market has a huge impact on the financial health of the United States. In the past, it was the case that stock market investors were benefiting from huge financial success for a certain amount of time, followed by a bursting of the bubble in the form of a market crash. When the financial bubble bursts, it leads to extensive financial suffering for people across the United States. It can lead to people losing their homes through foreclosure proceedings and the loss of other significant financial assets.

This is why there are certain laws in place to regulate the stock markets and prevent unfair practices from occurring. These laws are very broad in scope and are part of a very complex system. The following are some of the most important laws and regulations to be aware of.

Defending against accusations of insider fraud

One of the most worrying threats that businesses face today is the threat of a cyberattack. Hackers pose legitimate threats to businesses because they can commit cybercrime and cyberterrorism, causing huge financial losses. This is why large companies invest huge amounts into protecting themselves through cybersecurity.

While external threats to companies are significant, it is becoming increasingly common for internal members of a company to commit cybercrimes either on behalf of an external party or in a personal capacity. Internal members have the potential to pose an even bigger threat because of the access they have to sensitive files.

Suspected drug traffickers arrested in the Bronx and Westchester

Multiple searches have taken place throughout the Bronx and Westchester, and these searches have led to the arrests of nine suspected members of a drug trafficking ring.

Agents seized a total of over $170,000 in cash, six firearms, and 17,000 glassine envelopes of heroin. In total, over 30 pounds of heroin and fentanyl were found.

Are you implicated in pharmacy benefit managers fraud?

There are several types of fraud involving pharmacists and pharmacies, including drug switching, bribes and kickbacks and auto-refilling schemes.

You have just learned that the company you recently went to work for is about to be investigated for pharmacy benefit managers fraud. What does this mean, and what should you do?

What is the difference between fraud and forgery?

Business transactions must be conducted with good intentions and without deception for them to be legal in most cases. It's very common for people in business to be accused of white collar crimes such as fraud or forgery.

If you have been accused of one of these crimes, you should make sure that you understand the nature of the accusation and the elements of the crime. You may also be confused about the difference between fraud and forgery. The following is a brief overview of these two terms, and an explanation of how they differ from one another.

Understanding prescription auto-refill schemes

Like virtually all pharmacists in the New York area, you worked hard to pursue an education, pass a licensing exam and build your business. While keeping up with your ethical obligations is an effective way to avoid a legal and professional nightmare, you should know how some pharmacists cross the line. An auto-refilling prescription scheme is one way. 

In a now-infamous case of Medicare fraud, Wal-Mart and Sam’s club paid nearly a million dollars in response to prescription auto-refill charges brought by federal prosecutors in Minnesota in 2018. While the settlement was an infinitesimally small percentage of the company’s annual earnings, it sent a clear message to pharmacists everywhere in the United States that auto-refill schemes are both serious and unacceptable. 

Understanding ways that companies abuse securities law

Securities are representations of company ownership; whether that's a stock, bond or option. There are federal laws that govern the way that securities are traded in the United States. This is to ensure that the buying and selling of securities are done fairly, and it protects the integrity of the practice.

There are three main types of abuse that companies can engage in that breaches securities law. The following is an overview of the types of company abuses that can occur, and the negative effects that this can have on investors.

A famous murder case and a surprise perjury charge

A year to the day after a jury acquitted O.J. Simpson of murder, Mark Fuhrman, who figured prominently as a detective in the case, was back in court on a charge of perjury.

The charge stemmed from testimony he gave at the Simpson trial and illustrates the consequences of lying under oath.

Defending against auto theft charges in New York

Being accused of stealing a car or another type of vehicle in New York is obviously very serious, and it should not be taken lightly. If found guilty, you will be charged with grand larceny resulting in a felony. This means that you could serve between one and 25 years in prison, depending on the value of the property you stole and your prior convictions.

If you want to do what you can to avoid facing a sentence like this, you must build up a strong defense. By explaining the situation in full, you may be able to show that you were not guilty of grand larceny. The following are three possible defenses.

A New York fraud case and no-fault insurance carriers

Currently on appeal in New York is an insurance fraud case that involves “fraudulent incorporation” and the defense of an insurance carrier’s decision to withhold payments because of it.

The case originated in light of New York law prohibiting corporate medical practices.

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