Bachner & Associates, PCNYC White Collar Criminal Defense Attorney | Bachner & Associates, P.C.2024-03-12T23:41:59Zhttps://www.bhlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1502679/2020/01/apple-touch-icon-75x75.pngOn Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499322024-03-12T23:41:59Z2024-03-12T23:41:59ZChallenges in defending credit card fraud cases
Defending against credit card fraud charges presents unique challenges. The digital nature of many of these crimes means that evidence is often electronic, requiring technical expertise to interpret. Developing a defense strategy can involve scrutinizing digital transaction records, IP logs and even metadata to build a compelling defense.
The prosecution must prove that the defendant knowingly engaged in fraudulent activities. This opens avenues for defense strategies focused on questioning the evidence of intent or knowledge.
Strategies for defending against credit card fraud charges
Effective defense strategies in credit card fraud cases often hinge on detailed investigations into the alleged fraud's circumstances. This can involve:
Challenging the accuracy of electronic evidence, questioning how it was obtained and whether it conclusively links the accused to the crime.
Examining the procedures followed by financial institutions and law enforcement during the investigation to identify any breaches of protocol or rights violations.
Exploring alternative explanations for the defendant's actions that don’t involve fraudulent intent, such as authorization to use the card or a misunderstanding.
Anyone who’s facing credit card fraud charges should try to ensure that their defense strategy is tailored to their case. Therefore, seeking legal guidance as proactively as possible is generally wise.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499312024-02-23T17:51:43Z2024-02-23T17:51:43Zprotect yourself and your investors from the potential consequences of conduct that could be perceived as deceitful practices.
Insider trading
One of the more well-known forms of securities fraud is insider trading. This occurs when someone learns material information about a company that the public isn’t aware of. An individual generally uses such information to trade stocks for personal gain.
Ponzi schemes
This type of investment fraud is named after Charles Ponzi. An individual promises high returns to investors but uses the money from later investors to pay returns to the earlier ones. This unsustainable practice eventually collapses, leaving many people with significant losses.
Market manipulation
Market manipulation occurs when the price of a stock is artificially inflated or deflated so an individual can profit from the subsequent price movement. This can involve spreading false rumors, engaging in wash trades (buying and selling to oneself) or cornering the market by controlling a large portion of available stock.
Misrepresentation or omissions
This occurs when companies or individuals provide false or misleading information regarding an investment or fail to disclose material information that could affect an investor’s decision.
An accusation of securities fraud is a serious matter and can potentially lead to severe penalties, including fines and imprisonment. If you have been accused of this kind of wrongdoing, the first thing you should do is work with someone who can help you navigate the complexities of the court system. They can protect your rights and work with you on crafting the strongest defense possible under the circumstances.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499292024-02-12T16:43:46Z2024-02-12T16:43:46ZSomeone could be charged with drug possession if there are illicit drugs physically on their person, they were dealing or manufacturing drugs or they had drug paraphernalia. Depending on a few factors, a defendant convicted of drug possession in New York could be sentenced to a minimum of 15 days in prison with less than $250 in fines to over 20 years incarcerated with $100,000 in fines.One of the factors considered when sentencing a defendant is the amount of an illicit substance they had in their possession. Another factor that’s considered is the type of drug, or where it falls on the “schedule” of illegal substances according to its value and use. Here’s what you should know:
5 kinds of drug schedules
A schedule is a classification of drugs under the Controlled Substances Act. Each schedule determines the legal status, medical use, intensity of the drug and its ability to cause addiction and abuse. In other words, a schedule determines whether a drug could be sold in stores, prescribed or used by doctors or illegal to have in any form. Here’s what you should know about each:
Schedule V: Most of these drugs are sold in stores and have a low potential for abuse, such as cough drops and cold medicine.
Schedule IV: These drugs have a higher chance of addiction than Schedule V drugs, but still very low. These drugs may include Valium, Xanax and Ambien. They can be bought in stores and prescribed by doctors.
Schedule III: Drugs with a higher chance of causing addiction and dependence are considered Schedule III and may include steroids and testosterone. They may be prescribed or used in hospitals.
Schedule II: Cocaine, PCP and morphine are classified as second to the highest drug schedule because of their high potential for abuse and very few medical uses.
Schedule I: These drugs have the highest known ability to cause physical and mental dependency and addiction with no medical uses. Schedule I drugs may include LSD, heroin and peyote.
When creating a legal defense, it may be important to understand each distinct drug schedule and how they may affect your criminal case. ]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499272024-01-25T00:55:17Z2024-01-25T00:55:17ZWhat sets them apart?
Embezzlement is a white-collar crime involving misappropriating funds entrusted to an individual for personal gain. Embezzlement cases frequently involve employees diverting company funds, manipulating financial records or exploiting their positions for personal financial advantage. Sometimes, embezzlement goes unnoticed until discrepancies are uncovered during audits.
Certain elements must be present in the case to identify and prove embezzlement. These may include:
Entrustment of funds:Embezzlement requires the entrustment of funds to an individual, hence creating a fiduciary relationship.
Misappropriation: The accused must misappropriate the entrusted funds, diverting them for personal use.
Breach of trust: A fundamental element is the breach of trust between the accused and the entity or person whose funds were misappropriated.
On the other hand, theft is a broader term encompassing the wrongful taking of someone else’s property with the intent to deprive them of it permanently. Unlike embezzlement, theft does not require a pre-existing relationship between the perpetrator and the victim.
Differentiating factors
Embezzlement often stems from a breach of trust within an organization driven by personal financial gain. In contrast, theft is motivated by the desire for possession or profit, with no prior relationship required.
Moreover, embezzlement cases tend to be more complex, involving manipulation of financial records and often requiring an insider’s knowledge. Theft, while sometimes sophisticated, is mostly opportunistic and impulsive.
If you’ve been charged with embezzlement or theft, seeking legal counsel right away is important. A legal team can advocate for your rights and potentially minimize your penalties, helping to ensure that one mistake or misunderstanding doesn’t turn your life upside down.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499262024-01-10T02:29:47Z2024-01-10T02:29:47Zmistakes that could see you going to jail, even if you beat the original charges you’re facing or may face soon.
Resisting arrest
If the police move to arrest you, then go quietly. Resisting could endanger your life and lead to additional charges. The same applies if the police try to pull you over when you are driving. Do not hit the gas and try to lose them, as it could again lead to further charges and endanger the your life and the lives of both the officers and others.
Obstruction of justice
Allegations of obstructing justice will be charged as a felony if the original crime is a felony and a misdemeanor if the original crime is a misdemeanor. Actions that could inspire this charge include destroying evidence or somehow preventing investigators from accessing crucial information. You could also face this charge if you had nothing to do with the original crime but are hiding someone who does.
Witness tampering
If you are under investigation or fear you will be pulled into an investigation, you need to let it run its course. You cannot contact people the police may talk to and try to ensure they do not speak up or mention you.
If the police want to investigate you or arrest you, you need to let them. You already have enough on your plate without incurring additional charges. Your best course of action is to seek legal guidance to determine your next steps and safeguard your rights.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499242024-01-09T05:56:08Z2024-01-09T05:56:08ZWhat's the problem with geofence warrants?
Opponents of these reverse-location services have long called out the potential for abuse by law enforcement. Troubling reports indicated that police met minimal resistance, with few questions asked when they worked through Google to obtain user data. This has led the company to stop responding to geofence warrants altogether.
A common objection to these warrants is that they are overly broad. Opponents say that simply because someone happened to be in the vicinity of a crime scene at the time of the incident shouldn't be enough to have their privacy invaded and potentially throw them into a criminal defense case.
How do geofence warrants work?
Tech companies like Google offer a suite of services. In the process, the company obtains a considerable amount of information about the people who use it. This includes location-based services that show a history of when and where they logged on to their device.
A geofence warrant could be issued by law enforcement to any tech company. The reason why Google comes up so much is because of the data it keeps on its users' location history. Google's massive popularity also made it a logical first step for police who wanted to know who was at a given location at a specific time.
Geofence warrants are intended for use by police primarily when there aren't any other leads to go off of, and they have helped to solve numerous cold cases. But the ease with which police could obtain this information, invade the privacy of innocent passersby and implicate them in a crime was enough for Google to finally change its practices.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499102023-12-21T04:44:55Z2023-12-21T04:44:55ZAccess to public benefits and felony drug convictions
In 1996 as a part of the failed War on Drugs, Congress enacted a law that created a lifetime ban on the ability to access Supplemental Nutrition Assistance Program (SNAP) and Temporary Aid to Needy Families (TANF) benefits for people convicted of felony drug crimes. However, states were allowed to opt out of the ban. Many states imposed modified bans, and 25 opted out completely. In states that modified the federal ban and imposed their own restrictions, people convicted of felony drug crimes have their ability to access food assistance or cash benefits restricted and are forced to surmount multiple obstacles to get the help they need. As a result, a potential ban on benefits eligibility is an issue to address while building a criminal defense strategy to combat drug charges.
New York is one of the states that opted out of the ban and does not restrict access to SNAP or TANF based on felony drug convictions. However, if someone is convicted of a felony drug crime in New York and later relocates to a state with a total or modified ban, they might find that they are ineligible for food and cash assistance.
Imposing bans on access to public benefits does not work as a deterrent to crimes. Instead, it affects people at a time when they need help the most and can motivate them to turn to new criminal acts to make ends meet.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499082023-12-07T21:05:18Z2023-12-07T21:05:18ZThe requirements for expungement
Unfortunately, not everyone who has been convicted of a crime can qualify for a record expungement, as this is only available to certain people in certain circumstances. These include:
Those who have not had a criminal conviction for ten years
Individuals who have only two unrelated criminal convictions on their record
people who have not committed a Class A felony
Anyone who has not been placed on a sex offender’s registry
All four of these criteria must be true for a person to be approved for the expungement process. For example, a person who committed a Class A felony can wait for 10 years but still won’t be approved to have their record expunged, and it will not matter what kind of criminal defense they put up in court.
Other challenges
These aren’t the only challenges that people face when trying to get their criminal record expunged. The process itself can be quite lengthy and cumbersome. These barriers can include things, such as:
Filling out forms
Paying fees
Using a notary
Obtaining supporting documents
Meeting record filing requirements
Gaining cooperation from the District Attorney
Waiting behind a huge backlog of cases
One benefit to having your record expunged in New York is that the fees you will pay are rather low especially compared to other states. However, the backlog of cases is monumental. While you wait to have your expungement approved, you will continue to face the negative consequences of your conviction from those who can make your life quite difficult.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499062023-11-21T04:37:46Z2023-11-21T04:37:46ZClaims for dental treatment
According to court documents, Bynum and Davis were among 19 former NBA players who participated in a scheme that defrauded the league’s health care benefits program out of approximately $5 million. During a trial that lasted two weeks, the jury heard how Davis submitted claims for dental procedures that were not performed and Bynum received $182,000 after submitting a fraudulent chiropractic claim. Federal prosecutors have convicted 20 people connected to the scheme.
Ringleader
One of the convicted individuals is former NBA player Terrance Williams. Federal prosecutors identified Williams as the ringleader of the scheme when they learned that he received kickbacks from former players who submitted fraudulent health care claims. Williams pleaded guilty to white-collar crimes including fraud and conspiracy to commit fraud in 2022. In August 2023, a federal judge sentenced him to 10 years in a federal prison.
Most white-collar crime defendants plead guilty
The most compelling evidence in white-collar crime cases is often testimony from codefendants who have decided to cooperate with the authorities and paper or electronic documents. The penalties for fraud can be severe, but U.S. attorneys are usually willing to recommend lenient sentences in return for guilty pleas. This is why most people charged with white-collar crimes like larceny, fraud, embezzlement or bribery enter plea agreements.]]>On Behalf of Bachner & Associates, PChttps://www.bhlawfirm.com/?p=499042023-11-07T04:28:13Z2023-11-07T04:28:13ZDefining geofence warrants
A geofence warrant is a court order presented by law enforcement agencies to tech companies, such as social media platforms and smartphone apps. The order requests location data to assemble information about individuals’ movements within a specific timeframe and geographic area. While this information may provide valuable insights for criminal investigations and criminal defense cases, its usage has caused significant controversy.
Concerns about privacy
One of the primary issues with geofence warrants comes from the potential for law enforcement to infringe on the privacy of individuals. Collecting location data on users without their knowledge or consent raises fundamental issues regarding unreasonable search and seizure, protected under the Fourth Amendment. Critics argue that these warrants target broad geographical areas, allowing for mass surveillance of large groups that include many innocent bystanders.
Accuracy concerns
The location data provided may not always be accurate or precise, which can lead to unjust scrutiny of innocent people and potential misidentifications. If someone’s device connects to a geofenced area without their knowledge, it could trigger a false positive result. These issues can mistakenly put innocent people into criminal investigations, which presents significant risks to their rights and privacy.
Secrecy and lack of oversight
Another significant issue with geofence warrants involves a lack of transparency and oversight. Law enforcement agencies do not typically disclose the methods they use to obtain their data, making it challenging or impossible for the public or judges to assess whether the actions are legal or necessary. Additionally, more explicit guidelines and regulations must be implemented to govern the use of geofence warrants and protect the public against their potential abuses.
Geofence warrants can provide significant value when solving crimes. However, they warrant additional scrutiny and legal reforms to find the right balance between effectively using the tool and safeguarding individual rights.]]>