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New York Criminal Defense Law Blog

Wells Fargo offers $480 million settlement to end lawsuit

Wells Fargo found itself in some legal hot water after being slapped with a class action securities fraud lawsuit that was filed by investors. The claim noted that the banking giant made omissions and misstatements in the disclosures it provided to those investors.

The issue here is that federal law required that the company should have informed shareholders that there were nonroutine legal matters going on. Instead, the company remained quiet about the regulatory investigation into fraudulent customer accounts. The talks with the Consumer Financial Protection Bureau commenced in March of 2016, but the investors didn't find out until September of that year when the problem was made public.

Learning about the charge against you is important

Many different things come into the picture when you are facing a criminal charge. Some of these have to do with the type of charge that is at the center of the case. It is important for anyone who is going through this to learn about the criteria for the charges. This might be a good place to start finding focal points for your defense strategy.

We understand that you likely don't have legal training that would help you to be able to go through the statutes to learn about these criteria. The information that you will find there could be confusing and might even seem misleading. We can help you to sort through these so that you can have an idea of what points need to be present in your case.

Are You Facing Fraud Charges In Connection With House Flipping?

House flipping is the practice of buying properties and reselling them quickly for profit. If done correctly, this technique is entirely ethical.

However, there is plenty of opportunity here for illegal activity. By becoming involved in house flipping, you may have aligned yourself with some unscrupulous people and are now looking at fraud charges.

Small points might matter in embezzlement cases

Companies often entrust considerable amounts of money and assets to employees. When this happens, the company hopes that the people will act in an honorable and ethical manner. Unfortunately, not all employees can resist the temptations that come with handling these types of assets.

Embezzlement is a crime that occurs when a worker takes steps to redirect company assets to benefit themselves. There are many ways that the misappropriation of funds can occur.

Complex white collar crime charges demand immediate attention

White collar crimes are serious matters even though they don't have a violent element. These crimes can sometimes lead people to face federal charges. All of these charges have a few things in common. One of the most notable is that there is usually a lengthy paper trail behind the charges. This has to be dealt with as part of your defense.

We realize that the time you are facing behind bars is probably at the front of your mind. This is a difficult situation to be placed in, but you do have to think about how you are going to protect your interests and rights now that you are facing these charges. Your defense will be the key here.

5 common types of health care fraud

Health care fraud is a prevalent issue in the United States. With people spending $2.27 trillion on health care in 2011, it only makes sense that some providers are fraudulent. Any individual or institution in the health care industry may commit fraud, including hospitals, individual providers, medical equipment suppliers, clinical laboratories and home health agencies.

The origins of white collar crimes

In the past, jobs were classified as white collar or blue collar, depending on the duties. Blue collar workers were those who did manual labor. White collar workers were those who had desk jobs and administrative jobs. This is where the term white collar crime comes from.

White collar crimes are those that have to do more with administrative issues than with other facets of life. Typically, financial crimes and fraud will fall under this category. There are many different types of white collar crimes that can occur.

Sentencing is a complex process

White collar crimes of all sorts can come with jail time for a person who is convicted. The sentencing phase of the case is often very challenging for the defendants because of the unknown. You don't know for sure if the court is going to use you as an example and hand down a hard sentence or if you will be able to have a lighter sentence.

There are several factors that are considered when the court is handing down a sentence. Understanding these might provide you with some insight into what is going to happen when you are sentenced on a criminal charge. Even if you understand these and know what the possible range is, you can't fully know what the court will do until the actual sentence is issued.

Securities fraud must be handled swiftly

We recently discussed the deal that was reached in the securities fraud case involving the Theranos founder. This case was able to be resolved via a plea deal agreement, which is something that is actually very common with these cases.

If you are facing a securities fraud case, you need to make sure that you are looking at all of the options before you. These cases are usually come with a lot of investigation before the charges are filed. This can make it very difficult for you to defend yourself against this type of charge because of the massive paper trail that might come with it. We can help you sort through it all and get your defense moving forward.

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