Fraud

Fraud is a serious crime that involves intentional deception or misrepresentation for personal gain or to cause harm to others. In New York, there are numerous types of fraud offenses, including bank fraud, insurance fraud, tax fraud, securities fraud, and more. Fraud is considered a white-collar crime and can result in severe legal consequences.

At Viscosi Law, we understand the complexities of fraud cases and the severe impact that a conviction can have on your life. We are committed to providing aggressive and strategic defense representation to clients who are facing fraud charges in New York.

Fraud charges can result in various punishments, depending on the severity of the crime and the amount of money or property involved. These penalties may include imprisonment, fines, restitution, community service, and probation. Additionally, a fraud conviction can lead to the loss of employment and professional licenses and damage to your reputation.

Our team at Viscosi Law has extensive experience in handling complex fraud cases and is dedicated to protecting your rights and interests. We work tirelessly to investigate your case’s facts and circumstances and develop a strong defense strategy that will give you the best possible outcome.

We understand the stress and anxiety of facing fraud charges and are here to guide you through the legal process every step of the way. Our goal is to achieve the most favorable outcome for our clients, whether through negotiating a plea deal or fighting aggressively in court.

What is Fraud?

Fraud is a criminal offense involving intentionally deceiving someone to obtain a benefit or gain an advantage. In New York, there are several types of fraud, including insurance fraud, bank fraud, wire fraud, mail fraud, and securities fraud.

In general, fraud charges can be either misdemeanor or felony, depending on the nature and extent of the fraudulent activity. For example, petit larceny, which involves stealing property worth less than $1,000, is a misdemeanor offense. However, grand larceny, which involves stealing property worth more than $1,000, is a felony offense.

There are also specific charges related to certain types of fraud. For example, insurance fraud involves intentionally making false statements or submitting false documents to obtain insurance benefits. Bank fraud involves intentionally defrauding a financial institution by using false information to obtain a loan or creating fake checks or accounts. Securities fraud involves intentionally making false statements or omitting important information to manipulate stock prices or deceive investors.

The consequences can be severe if you are charged with fraud in New York. You may face fines, restitution, probation, community service, and jail time. In addition, a fraud conviction can have long-lasting consequences, including damage to your reputation and difficulty finding employment in certain fields.

At Viscosi Law, we have extensive experience representing clients who have been charged with fraud in New York. We understand the complexities of these cases and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Our team will carefully examine the evidence against you, and develop a strong defense strategy tailored to your situation. We are committed to fighting for our clients and ensuring they receive the best possible legal representation.

What are the Possible Charges for Fraud?

Possible charges for fraud in New York can vary depending on the case’s specific circumstances. Here are some examples of charges related to different types of fraud:

Grand Larceny

Grand larceny is a criminal offense in which a person takes or steals property that belongs to someone else, and the property’s value exceeds a certain dollar amount. In New York, grand larceny is defined as property theft exceeding $1,000. Grand larceny is considered a felony offense in New York, and there are different degrees of grand larceny depending on the value of the stolen property. The four degrees of grand larceny in New York are:

Grand larceny in the fourth degree: involves the theft of property valued at more than $1,000, but less than $3,000.
Grand larceny in the third degree: involves the theft of property valued at more than $3,000, but less than $50,000.
Grand larceny in the second degree: involves the theft of property valued at more than $50,000, but less than $1,000,000.
Grand larceny in the first degree: involves the theft of property valued at $1,000,000 or more.

The penalties for grand larceny can include fines, probation, and prison time, depending on the degree of the offense and the circumstances surrounding the crime.

Identity Theft

Identity theft involves stealing someone’s personal information, such as their name, address, Social Security number, or bank account information, with the intent to commit fraud. The thief then uses this information to open new credit accounts, make purchases, or take out loans in the victim’s name without their knowledge or consent.

In New York, identity theft is a serious crime that can result in significant penalties, including fines, jail time, and restitution to the victims. It is typically charged as a felony, and the severity and penalties depend on the value of the property or services obtained using the stolen identity.

In addition to criminal charges, identity theft victims may suffer from significant financial harm, damage to their credit scores, and emotional distress. That’s why it’s important to protect your personal information and seek legal help if you believe you have been the victim of identity theft.

Insurance Fraud

Insurance fraud is a criminal act that involves deceiving an insurance company to obtain money or benefits that an individual or business is not entitled to receive. This can occur in various ways, such as filing false insurance claims, exaggerating the severity of an injury, or staging an accident to collect insurance payouts.

In New York, insurance fraud can be charged as a felony or misdemeanor, depending on the value of the fraud committed. For example, insurance fraud in the fifth degree, which involves fraudulent insurance claims valued at less than $1,000, is a class A misdemeanor. Meanwhile, insurance fraud in the first degree, which involves fraudulent insurance claims with a value exceeding $1 million, is a class B felony.

Securities Fraud

Securities fraud, also known as investment fraud, is a type of white-collar crime involving the deceptive manipulation of financial markets or using false or misleading information to influence investment decisions. Securities fraud can occur in various contexts, including stocks, bonds, commodities, and other types of investment products.

In New York, securities fraud is illegal and can result in serious criminal penalties. Some common examples of securities fraud include insider trading, Ponzi schemes, and market manipulation. Insider trading occurs when an individual uses information not available to the public to make trades and profit from the information.

Ponzi schemes occur when an individual or entity promises high returns on investment but uses new investors’ funds to pay previous investors instead of investing the money. Market manipulation occurs when an individual or group of individuals artificially inflate or deflate the price of a security or market.

The penalties for securities fraud in New York can be severe, including imprisonment, fines, and the forfeiture of any ill-gotten gains. Securities fraud is also subject to civil penalties, including fines, injunctions, and orders to disgorge any profits gained from the fraudulent activity.

Tax Fraud

Tax fraud intentionally deceives the government concerning accurately reporting income or other tax-related information. In other words, it is an illegal attempt to avoid paying the full taxes owed. This can be done in various ways, such as failing to report all income, claiming false deductions or credits, or providing false information on tax returns.

Tax fraud in New York can result in civil and criminal charges. Civil charges can lead to fines and penalties, while criminal charges can result in imprisonment, fines, and restitution. The severity of the penalties will depend on the amount of money involved in the fraud and the case’s specific circumstances.

Some common types of tax fraud include failing to report all income, inflating deductions or exemptions, claiming false business expenses, hiding assets in offshore accounts, and providing false information on tax returns. It is important to note that unintentional errors or mistakes on tax returns do not typically constitute tax fraud. Fraud requires intentional deception or misrepresentation.

Forgery

Forgery is fraud in which a person creates, alters, or uses a document, signature, or other written instrument that is not genuine or authorized. Forgery can involve creating fake documents or modifying real ones to deceive others for financial gain or other reasons. Examples of forged documents include checks, contracts, deeds, wills, and credit card applications.

In New York, forgery is a serious crime that can result in significant penalties, including imprisonment and fines. The severity of the punishment depends on various factors, including the nature and value of the forged document, the defendant’s prior criminal history, and the extent of harm caused to others. There are several different types of forgery charges in New York, including:

Forgery in the third degree: This charge involves the forgery of a written instrument intending to defraud or deceive. It is a Class A misdemeanor, resulting in up to one year in jail and a fine of up to $1,000.
Forgery in the second degree: This charge involves the forgery of a written instrument worth more than $1,000, or the forgery of a public record. It is a Class D felony, resulting in up to seven years in prison and a fine of up to $5,000.
Forgery in the first degree: This charge involves the forgery of a written instrument worth more than $25,000, or the forgery of a will or other legal document related to a deceased person’s estate. It is a Class C felony, resulting in up to 15 years in prison and a fine of up to $15,000.
Criminal possession of a forged instrument: This charge involves possessing a forged document intending to defraud or deceive. It is a Class D felony, resulting in up to seven years in prison and a fine of up to $5,000.

Forgery is a complex and often a nuanced area of the law, and the penalties can vary widely depending on the specific circumstances of each case.

These are just a few examples of the types of fraud charges that an individual could face in New York. The severity of the charges and potential penalties will depend on the specific circumstances of each case.

What are the Possible Punishments for Fraud?

The possible punishments for fraud in New York vary depending on the severity and type of fraud committed. Some possible punishments include:

Restitution: The offender may be required to pay back any money or property that was taken due to the fraud.
Fines: The offender may be required to pay fines ranging from a few hundred dollars to thousands of dollars.
Probation: The offender may be placed on probation for a while, during which they must follow certain conditions, such as attending counseling or community service.
Jail Time: The offender may be sentenced to serve time in jail or prison, depending on the severity of the crime.
Permanent Criminal Record: A fraud conviction will go on the offender’s permanent criminal record, which can have long-lasting negative consequences.
Professional and Personal Consequences: Fraud charges can also have professional and personal consequences, such as loss of employment or damage to reputation.

Specific punishments for fraud charges in New York can vary depending on the circumstances of each case and the discretion of the judge handling the case.

What Happens if I am Charged With Fraud?

If you are charged with fraud in New York, the specific consequences and legal process will depend on the details of your case. However, there are some general steps you can expect to take if you are charged with fraud:

Arrest and Booking: If you are charged with fraud, you may be arrested by law enforcement and taken to a local jail for booking. During this process, your fingerprints and photograph will be taken, and you will be required to provide information such as your name, address, and date of birth.
Initial Appearance: After your arrest, you will have an initial court appearance where a judge will inform you of the charges against you and set your bail. At this point, it is important to speak with an experienced criminal defense attorney who can advise you on your legal options and help you build a strong defense.
Pretrial Proceedings: Before your trial, there will be a number of pretrial proceedings, such as arraignments, pretrial conferences, and motions hearings. During these proceedings, your attorney will work to investigate the facts of your case and develop a defense strategy on your behalf.
Trial: If your case goes to trial, the prosecution will have to prove the charges against you beyond a reasonable doubt. Your attorney will work on challenging the prosecution’s evidence and presenting a defense on your behalf.
Sentencing: If you are convicted of fraud, the judge will determine your sentence based on the severity of the charges and any applicable state or federal sentencing guidelines.

Being charged with fraud in New York can be a serious and stressful experience, but an experienced criminal defense attorney can help you navigate the legal process and protect your rights.

How Viscosi Law Can Help You With Fraud Charges

If you are facing fraud charges in New York, working with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights is important. At Viscosi Law, our attorneys have extensive experience representing clients facing fraud charges in New York and are committed to providing compassionate, personalized, and aggressive legal representation. When you work with Viscosi Law, you can expect:

Individualized Attention: We understand that every case is unique, which is why we take the time to get to know you and understand your specific circumstances. Our attorneys will work with you to develop a customized defense strategy that takes into account your goals and priorities.
Thorough Investigation: In order to build a strong defense, we conduct a thorough investigation of the facts surrounding your case. We will carefully review all of the evidence against you and work to uncover any inconsistencies or weaknesses in the prosecution’s case.
Aggressive Advocacy: Our attorneys are skilled litigators who are not afraid to fight for your rights in court. We will vigorously advocate on your behalf throughout all stages of the legal process, from pretrial proceedings to trial and sentencing.
Strategic Negotiation: In some cases, it may be possible to negotiate a plea agreement or other favorable resolution to your case. Our attorneys are skilled negotiators who can work with the prosecution to seek the best possible outcome for you.
Compassionate Support: Facing fraud charges can be a stressful and overwhelming experience. At Viscosi Law, we are committed to providing compassionate support to our clients throughout the legal process. We will be there to answer your questions, address your concerns, and provide guidance and support every step of the way.

If you face fraud charges in New York, don’t wait to seek legal representation. Contact Viscosi Law today to schedule a consultation and learn how we can help you fight your charges and protect your rights.