New York Criminal Defense Law Blog

How to prove securities fraud

On behalf of Bachner & Associates, P.C. posted in securities on Friday, May 10, 2019.

Even the most lucrative investors can lose money from time to time. In addition, all financial advisors can make mistakes when it comes to predicting the health of the market. This is why all investment losses cannot be automatically attributed to a case of securities fraud.

However, securities fraud in some form or other is more common than many might expect. This fraudulent activity can be well-disguised, so many investors fail to detect this misconduct, even when they have continued to lose huge amounts of money. If you believe that you have fallen victim to securities fraud in New York, it is important that you look into your options in being able to prove the illegal activity.

While the truth may hurt, lies are often worse

On behalf of Bachner & Associates, P.C. on Wednesday, May 8, 2019.

Adults sometimes have difficulty making friends. Unlike children who have a ready group of pals at school, adults tend to have limited access to potential buddies. Still, for adults, having a good friend or group of friends is important for a variety of reasons. Lying to protect your friends, though, could land you in legal jeopardy.

As you know, not all untruths are the same. While little white ones generally cause no harm, other lies carry significant consequences. If one of your friends commits a crime, giving false information to a police officer, detective, judge or jury may be a big mistake. Here are some ways lying for a friend may harm you.

Common types of business fraud

On behalf of Bachner & Associates, P.C. on Monday, May 6, 2019.

Business fraud is a criminal offense of intentionally attempting or successfully executing a plan to defraud a business or obtain control of property owned by a business. These goals are usually accomplished via false representations, promises or pretenses. Business fraud is common, especially among small businesses with 100 or fewer employees. Small businesses experience an average loss of $154,000 because of fraudulent activities.

Many parties can commit business fraud, including employees, executives, partners, customers, clients and competitors. Here are some of the most common types of fraud that take place in businesses.

Who gets arrested for shoplifting?

On behalf of Bachner & Associates, P.C. posted in criminal defense on Friday, April 26, 2019.

If you are facing charges for shoplifting, you are certainly not alone. According to the National Association for Shoplifting Prevention (NASP), roughly 27 million shoplifters live here in the United States, which works out to about one in every 11 individuals. Within just the last five years, over 10 million people were arrested for allegedly shoplifting.

Far from being a victimless crime, shoplifting drives up the cost of retail goods and increases prices to cover the cost of store security systems and personnel. Both the police and the courts complain of being overburdened apprehending and prosecuting shoplifters, and local communities and the state of New York are deprived of tax revenues when people shoplift.

Don't bother lying when applying for a job with a criminal record

On behalf of Bachner & Associates, P.C. posted in criminal defense on Friday, April 12, 2019.

If you're facing criminal charges, it is important to think beyond the immediate consequences and consider the big picture. Even after you have paid your fines and/or served your time behind bars, that conviction may impact your life. If the offense stays on your permanent record, for instance, it can make it difficult or even impossible to find a job in your chosen field.

After all, employers are allowed to choose not to hire people with a record. In many occupations, they have plenty of qualified applicants. If you have a record and someone else doesn't, and the rest of your qualifications are the same, who are they going to choose? In other cases, you can't even legally get hired with a record. For instance, if the job requires you to carry a gun and your felony record means you can't do so, that job is off the table.

When prosecutors add charges after an initial indictment

On behalf of Bachner & Associates, P.C. on Wednesday, April 10, 2019.

If you have been following news reports, you have likely heard of the college admission scandal that has ensnared celebrities, elite universities and others. Recently, a well-known actress, Felicity Huffman, agreed to plead guilty to charges in an initial indictment. Another celebrity, Lori Laughlin, and her husband have not yet reached a plea deal. Instead, they face additional charges that did not appear in the original filing.

If prosecutors have charged you with violating state or federal law, you must read the indictment carefully to understand your legal risk. Unfortunately, though, you may not be out of the woods. In fact, prosecutors may add additional charges that you must defend against.

Bribery scandal rocks colleges across the country

On behalf of Bachner & Associates, P.C. posted in white collar crimes on Wednesday, March 27, 2019.

It is notoriously difficult to get into schools like Yale and Stanford, but some parents felt like they had found a way around it. A bribery scandal recently broke in the news, showing that many parents essentially bought their kids' way into prestigious schools all over the country.

Many of the schemes allegedly included athletic coaches, who would then hand out scholarships or help people get in by connecting them with a team that they never really made. Millions of dollars changed hands. So far, around 50 different people are facing charges for their part in it, though, it is far from over.

Understanding securities fraud as a victim

On behalf of Bachner & Associates, P.C. posted in securities on Tuesday, March 26, 2019.

If you lost a lot of money due to investing in a program that was unsuccessful, you could be facing financial difficulties that have changed the way you live your life. You might be struggling financially to the point that you are considering filing for bankruptcy. In addition, you may worry about losing your home or facing other consequences due to debt that has accumulated.

If you are struggling in this way, it is very possible that you have become a victim of securities fraud. It is important that you take the time to verify this by understanding the law and how it applies to your specific situation.

Common types of tax fraud

On behalf of Bachner & Associates, P.C. on Monday, March 11, 2019.

Taxes are due April 15th. Although many people have worried about receiving reduced tax refunds this year, data actually shows the average taxpayer has gotten more. The average refund check so far is $3,068, which is a 0.7 percent increase from last year.

If you still have not filed your taxes yet, then it is vital you get on it right away. As you fill out the paperwork, make sure you do not inadvertently commit tax fraud. Tax fraud, even if it was an accident, is a serious crime, and it is paramount for everyone to familiarize themselves with the different types that can manifest.

How to attain a pardon in New York

On behalf of Bachner & Associates, P.C. on Sunday, March 10, 2019.

Most people are familiar with presidential pardons. However, governors of states also have the power to award pardons under certain circumstances. In December of 2018, New York governor Andrew Cuomo provided clemency to 29 felons. Many of them faced deportation, but now they can remain in the country.

Pardons can free someone from prison, and in certain circumstances, they can restore the individual's voting rights. Another form of clemency involves commuting a sentence. In this instance, the person is freed from prison but still has certain civil disabilities. After commutation, the person cannot sit on a federal jury or vote. Although many convicted felons would like to receive a pardon or commutation, not many people get them, and the process for getting them can be long.