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New York Criminal Defense Law Blog

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.

The different types of computer crimes

In the digital age, an increasing amount of crimes are committed through the use of computers. Many people who commit crimes through the use of a computer take precautions to try to prevent their true identity from being revealed. However, in many cases, it can be possible to uncover the perpetrator of the crime.

If you have been accused of committing a computer crime in New York, you should take swift action to defend yourself. The following are some of the most common types of computer crimes.

What is overtrading?

Overtrading, which is commonly called churning, is an illegal practice that can cause you to lose money as an investor. Though this is prohibited and your broker should never do it, if they have control of your money and your account, you need to know what red flags to watch out for.

Essentially, churning happens because brokers make a commission on trades. The idea is that they identify a good trade so that you don't have to, they use your money to invest and earn more, and they get paid the commission for their services.

3 ways the SEC may uncover insider trading

While not all insider trading violates federal law, some of it does. If you buy, sell or trade securities based on information that only a few individuals have, you may be guilty of a federal crime. Of course, before a prosecutor charges you with violating securities law, you can expect the Securities and Exchange Commission to investigate. 

Whether you work inside a publicly traded company, for a government agency or at a service firm, you likely understand why it is a bad idea to engage in insider trading. You may not, however, have a firm grasp on how the SEC investigates illegal activity. Here are three common ways the SEC may uncover insider trading: 

Joaquín Guzmán Loera, known as El Chapo, gets life in prison

'El Chapo' Guzmán has been chased by federal agents for many years. As a Mexican cartel leader, he has notoriously smuggled more than $12 billion worth of drugs into the United States and is responsible for bloodshed as part of his pursuits.

Guzmán had successfully evaded capture for many years; managing to escape several arrests that occurred in Mexico and the United States. While it was thought by many that he would never be held to justice, on July 17, 2019, Guzmán was given a life sentence by a federal judge in New York City.

The long-term consequences of a criminal record

When accused of a crime, many people become worried about the possible consequences that a conviction will have in the near future. For example, they may worry about being subject to a fine, being banned from participating in a certain activity (such as driving) for a certain amount of time or about the effect that the conviction will have on their reputation.

While short-term consequences should not be underestimated in response to a criminal accusation, it is important that you also think about the long-term consequences that a criminal record can have. The following are some of the long-term effects of criminal records.

Making false statements to a federal investigator

The U.S. criminal code is vast. From securities fraud to embezzlement, there is a seemingly endless number of ways to break the law. If you have done something illegal, you want your criminal exposure to be as limited as possible. 

When investigating potential crimes, federal investigators often seek to interview everyone involved. Put simply, lying to federal investigators could land you in legal jeopardy. If you think investigators are likely to question you, you should know a few things about making false statements. 

The difference between tax avoidance and tax fraud

When the Internal Revenue Service (IRS) conducts audits on businesses, they are doing so to verify whether any fraudulent activity has taken place. Many business owners worry about getting into trouble with the IRS because they know that they have implemented techniques to avoid taxes in the past.

However, even if you have avoided taxes in the past, this does not mean that you have engaged in any illegitimate or illegal activity. Tax avoidance is, in most cases, simply a strategic way for businesses to operate. This is because there are many ways that businesses can take advantage of rules and exemptions in the federal tax code. However, some behavior might be considered fraudulent. Knowing the difference between tax avoidance and tax fraud is key in this situation.

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