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New York Criminal Defense Law Blog

3 types of mortgage fraud

Real estate transactions are legal in nature, and thus everyone involved will have to sign a variety of legal documents. If anyone includes falsified information or leaves out important information that affects the financing of the purchase, it is mortgage fraud.

On the federal level, the IRS, the FBI, the Postal Inspection Service, and the Department of Housing and Urban Development may investigate potential mortgage fraud. State and local agencies may also become involved in mortgage fraud investigations. However, even though the investigation may encompass multiple entities, the fact that there is not a single agency responsible for mortgage fraud oversight often makes it difficult to identify.

Tax fraud is a very serious matter to face

Many things can lead to white collar charges. One of these is tax fraud. Everyone, including business entities, must ensure they file correct income tax returns. When there are errors in a tax return, the Internal Revenue Service is charged with determining what is going on when there are incorrect components to returns or even missing ones.

It is estimated that around 17 percent of taxpayers don't comply with applicable tax codes each year. The majority of these, around 75 percent, are individual taxpayers instead of corporations. The issue then becomes whether the person committed tax fraud or simply made a mistake.

White collar cases have some challenges in the court process

White collar crimes seem to be all over the news these days. Many people don't realize just how tough some of these cases are. One of the specific challenges that the court faces is deciding a sentence when a person is convicted. While people might scream for harsh sentences for murder and violent crimes, this often isn't the case for a white collar conviction.

The judges who hear these cases have to be careful to balance the seriousness of the charge with the penalties. Federal judges have a wide berth to choose sentences they feel are best for the case. Even when they do hand down what they feel is just, there is a chance that it will be appealed.

Top errors to avoid when facing an OMIG audit

If you are a Medicaid provider in New York, you will likely face at least one audit by the Office of the Medicaid Inspector General. Unlike a targeted investigation, an audit does not necessarily mean you are under suspicion for fraud. However, a routine audit does have the potential of giving rise to more serious problems, especially when providers fail to approach the audit correctly.

An OMIG audit usually begins with an audit engagement letter, which should also explain the focus of the audit. Most audits scrutinize your compliance plan (if you fall into the category of providers who must have one by law), Medicaid rate reimbursements or past claims that have been paid to you.

Double jeopardy isn't allowed in criminal cases

The United States Constitution provides specific protections for people in this country. One of these protections is that you aren't to be subjected to double jeopardy. This is a confusing principle for some people; however, if you are facing court proceedings, you should remember a few basic points.

The right to avoid double jeopardy only applies to criminal proceedings. This means that you can't face more than one set of charges for a specific incident. It doesn't preclude you from facing the same charges if you have another similar incident. For example, you can face a set of criminal charges for an incident in January that led to you being found in possession of drugs and paraphernalia. Once that case is resolved, you can't face charges for the January incident. If you are again found in possession of drugs and paraphernalia in March, you can face a new set of charges for that incident.

Stolen prescription pad: Next steps to take

Pharmacists are responsible for prescribing medication to patients. They can prescribe a wide range of opioids, and as a result, their prescription pads occasionally become targets of theft for addicts looking to have a reliable source of the drug. 

If patients acquire medication through a stolen prescription pad, then you could face charges of illegal dispensation if you do not alert the proper authorities. It is for this reason you want to take prompt action as soon as you discover your prescription pad is not around. 

Work closely and honestly with your criminal defense lawyer

Coming up with a criminal-defense strategy is a complex undertaking that involves more work than most people realize. When you are the defendant in a case, you have to work with an attorney who you can trust. There are many different things that people consider when they are choosing a lawyer.

One factor that often comes into the picture is the attorney's reputation. Most people want someone who has a good track record with similar cases. Even though this is certainly important, you need to evaluate how the person plans on handling your case since criminal-defense matters must be customized.

Forgery can be a serious criminal matter

Forgery is a white collar crime that can be very serious. There are several things that comprise forgery. However, there are some instances in which criminal charges won't be filed. It is important to understand exactly what constitutes forgery so that you can ensure that you avoid it.

One of the most common types of forgery is signing another person's name. You should never sign a document for another person unless you have permission to do so and you note the fact that you were the one who signed it.

White-collar crime may ensnare some securities traders

White-collar offenses are more prevalent in our society than many people think. The FBI tells us that the annual cost of white-collar misbehavior is more than $500 billion.

Insider trading is one example of an illegal activity that is nonviolent in nature. In fact, to some, it may appear to harm no one

You can sleepwalk, but could you commit a crime in your sleep?

If you were a fan of the hit 90s sitcom “Roseanne,” you might have been excited when the series returned to network television this year for a sequel season. The reboot was an overnight success, prompting the American Broadcasting Company to immediately sign the crew on for a follow-up season.

However, before the current season even came to a close, Roseanne Barr—the show’s star—posted racially offensive comments on Twitter, resulting in public outcry and the show’s prompt cancelation. In defense of her actions, Roseanne blamed the sleep aid Ambien for her racists tweets. The drug manufacturer responded with a statement that there is no drug on the market which causes racism.

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