New York Criminal Lawyer Blog

It is almost as if he is shooting fish in a barrel. Manhattan District Attorney, Cyrus Vance, Jr., has made another big splash announcing the arrest and indictment of a New York State Department of Motor Vehicle's ("DMV") clerk who is alleged to have unlawfully processed at least three drivers license applications. It is claimed by prosecutors, who are understandably concerned about this type of conduct, that one of the individuals who fraudulently obtained a license had previously been convicted of a felony and deported from the United States. Clarence Jenkins, the DMV clerk indicted for the alleged scheme, is charged with three counts each of Criminal Possession of a Forged Instrument in the Second Degree, a class D felony, Issuing a False Certificate, a class E felony, and Official Misconduct, a class A misdemeanor. If convicted, the accused faces up to seven, four and one year in custody on each respective offense.

In acknowledging the danger of illegally issuing New York State drivers licenses to those who are not entitled to them, DA Vance stated "... [Jenkins] may have jeopardized public safety." Whether as a New York criminal lawyer I agree with the prosecution's ultimate determination as to how to handle the case and seek a potential plea or sentence, DA Vance is certainly correct in his assertion. Unlike a minor attempting to get a license for the purpose of going to a bar or purchasing alcohol, fraud such as that alleged here has the potential for grave danger. Fortunately, it does not appear from the press release that this is the case.

In working with New York State Inspector General Ellen N. Biben, a former Manhattan prosecutor herself, the New York County District Attorney's Office alleges that Jenkins turned a tidy profit for his criminal conduct. In fact, Jenkins is accused of accepting forged driver licenses purportedly issued by the Commonwealth of Puerto Rico from at least three individuals who paid money to obtain the illegally-issued New York State driver licenses. The amount of money he is believed to received totaled almost $15,000. It is claimed that Jenkins became immersed in this criminal scheme as early as 2009 when he instructed one of the individual to go to the DMV at 125th Street, wear a Yankees hat, sit in front of his window, and then wait for a signal.

As noted above, Jenkins faces a term of state prison should he be convicted of these crimes. Briefly, one is guilty of Criminal Possession of a Forged Instrument in the Second Degree (New York Penal Law 170.25) when he possesses a written instrument with the intent to defraud that is fake or false and that object purports to be issued from a governmental agency such as the DMV. One is guilty of Issuing a False Certificate (New York Penal Law 175.40) when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, one issues such an instrument (such as a drivers license) or makes the same with intent that it be issued, knowing that it contains a false statement or false information. Lastly, one is guilty of Official Misconduct (New York Penal Law 195.00(1)) when one is a public servant and with the intent to obtain a benefit one commits an act relating to one's office but constituting an unauthorized exercise of one's official functions, knowing that such act is unauthorized.

As I routinely note in cases such as these, it will be interesting to see how prosecutors proceed with the case. Because Jenkins is already indicted, he is starting off in a more precarious position than if he was merely arrested. Additionally, do prosecutors believe or does evidence establish that Jenkins had created or permitted the issuance of many more drivers licenses? Did Jenkins make admissions or is there independent evidence of these cash transactions? What evidence (computer records, for example) implicate Jenkins in the creation of each drivers license? These factors will certainly play out in where this indictment heads and how long it takes to achieve a disposition.

To further understand the fraud crimes listed above, either follow the links or review the websites and blogs below.

Established in 2008 by two former Manhattan prosecutors, the New York criminal lawyers at Crotty Saland PC represent defendants who are the target of or have been arrested in any white collar and fraud case throughout the New York City and suburban area.

Rookie term Manhattan District Attorney, Cyrus Vance, Jr., has found himself in a position that is anything but envious. According to multiple reports, DA Vance's main referral source for business, New York City Police Department Commissioner Ray Kelly, is also the father of an accused rapist. Greg Kelly, the co-host of Fox 5's "Good Day New York," is alleged to have raped a woman this past October in Manhattan. Although it is claimed that the alleged victim's boyfriend initially confronted Commissioner Kelly about his son's unwanted sexual conduct with his roughly thirty-year old girlfriend, the investigation was properly turned over to the District Attorney's Office to ensure a fair and honest investigation by an agency with no ties to Greg Kelly. Far from atypical and likely the best decision for the investigation into the newsman's guilt or innocence, Assistant District Attorney's in the Sex Crimes Bureau will determine how and if the case will proceed to an arrest or indictment.

Obviously, Greg Kelly, through his counsel, strenuously denies the wrongdoing. Although any allegation of a sex crime is potentially debilitating and an embarrassing stigma, should the accused be convicted of a rape crime in New York the actual punishment is much worse than any public shame. While the manner in which Greg Kelly is accused of raping the complainant is not yet clear, there are generally three degrees of this crime. Regardless of the degree, rape must include penetration, aka "sexual intercourse," even if slight.

Third Degree Rape (New York Penal Law 130.25) comes in three distinct subsections. An "E" felony punishably by up to four years in prison, one is guilty of this crime if he engages in sexual intercourse with a person who is unable to consent due to any reason other than being less that seventeen. The second subsection would occur if a defendant is twenty-one or older and the complainant is less than seventeen years old. Lastly, the third subsection occurs where the victim does not consent due to a reason other than incapacity to do so.

Second Degree Rape (New York Penal Law 130.30) is perpetrated through two distinct subsections. In the first scenarios, a defendant is guilty of this crime if and when he engages in sexual intercourse with a person less than fifteen years of age. The second subsection occurs when an accused engages in sexual intercourse with a person who is incapable of consent by a reason of being either mentally disabled or mentally incapacitated. According to the New York Penal Law, "mentally disabled" means that an individual has a mental disease that renders her incapable of appraising the nature of her conduct. "Mentally incapacitated," however, means that a person is temporarily incapable of controlling or appraising her conduct due to the influence of drugs or alcohol that was given without consent. A "D" felony, Second Degree Rape is punishable by up to seven years in prison and as little as two years.

The last and most serious degree, First Degree Rape (New York Penal Law 130.35), is a "B" felony punishable by five to twenty-five years in state prison. A person is guilty of this crime if and when he has sexual intercourse with another person by forcible compulsion (the use of physical force or a threat of immediate death or physical injury). Alternatively, the complainant is incapable of consent because they are physically helpless (unconscious or is physically unable to communicate unwillingness to an act). The third subsection of this degree transpires when the sexual intercourse involves a child less than eleven years old. Finally, this crime is also committed if the victim is less than thirteen and the accused is eighteen years old or more.

Due to the nature of the allegations and the ages of Mr. Kelly and the complainant, many of the degrees and subsections above would not be applicable. However, reports are not clear as to whether force was used or the complainant could not consent due to intoxication. If and when such information is released or Mr. Kelly is charged, we will have a full understanding of the allegations, criminal charges and potential sentences. Until that time, Mr. Kelly is merely a man who is accused of a crime he may or may not have committed.

Founded by two former Manhattan prosecutors, the New York criminal lawyers at Crotty Saland PC represent those accused of crimes throughout New York City and the surrounding suburbs.

To do the "right thing" almost always takes courage. The path of least resistance it is not. In New York City, where gun crime seems to have been relatively rampant over the past year recently culminating in the tragic death of New York City Police Officer Peter Figoski, District Attorneys are frothing at the mouth with every new firearm arrest. While often time zealous prosecution is more than reasonable in gun and violent crime cases, other times law enforcement in New York City can't see the forest from the trees. For the sake of Meredith Graves, a nurse from Tennessee who "checked" her legally owned handgun with the police at Ground Zero, let's hope that Manhattan District Attorney Cyrus Vance, Jr. not only can see this recent gun possession arrest for what it truly is - an honest mistake about New York laws - but also ignores the general guidelines he and his office have imposed on weapon cases.

Before addressing the allegations against Ms. Graves, one must understand and have a grasp on New York's criminal statutes involving the possession of firearms without a permit. According to New York Penal Law 265.03(3), you are guilty of Criminal Possession of a Weapon in the Second Degree (CPW 2) if and when you possess a loaded firearm (a pistol, revolver, handgun, etc.) that is both loaded and outside your home or place of business and you do so without a permit. There are two critical concepts or rules that apply to these cases. First, you need not possess any intent to use that firearm unlawfully or against another person. Second, case law establishes that "loaded," in the eyes of the court, is far more liberal than its literal meaning. In fact, if the firearm is capable of being loaded and the ammunition is locked in a carrying case with your gun (but not physically in it), then that gun is considered loaded for prosecution purposes. One last, but unavoidable point. As a "C" violent felony, NY PL 265.03 is punishable by a mandatory minimum of three and one half years in prison for a person without absolutely no criminal history. Compounding matters, a judge could sentence a defendant to as many as fifteen years in custody.

According to the New York Post, it appears as if Ms. Graves inadvertently violated Criminal Possession of a Weapon in the Second Degree when she drove from Tennessee with a loaded pistol and entered New York. Although she possessed the proper permit for her .32 pistol from her home state, New York requires anyone within her borders to possess a valid New York permit. Once here, and recognizing that firearms were not allowed at Ground Zero where she was visiting the 911 Memorial, Ms. Graves wrongly believed she could check the weapon without any reprucssions. Not realizing what was in store, Ms. Graves attempted to turn the gun over to security who then brought her to the police. In their presence, Ms. Graves handed the gun into the police. If all of the allegations are true, Ms. Graves perpetrated one of the most serious felonies in the New York Penal Law.

The denizens of Manhattan elected Mr. Vance to serve as District Attorney after decades of honorable and "no nonsense" service by his predecessor, Robert Morgenthau. Whether the tabloids agreed or the political winds blew in a particular direction made no difference to "the Boss." Subjectively, and we certainly can agree to disagree, Robert Morgenthau attempted to always do the "right thing." District Attorneys do not prosecute alleged offenders merely because they can, but because they should. If all of the facts as alleged by the New York Post are true - Ms. Graves was licensed in Tennesse to carry the firearm, she did not initially realize she possessed the weapon at Ground Zero, Ms. Graves attempted to turn in the weapon - and Ms. Graves is a registered nurse with no criminal history who was applying for a position at Brookhaven Memorial Hospital, this case is not one to hang a prosecutorial hat. No greater good would be served to slap down the accused with a criminal conviction whether it be for a misdemeanor or felony. Justice would not demand that a lapse of judgment should prevent a registered nurse from maintaining her license to practice or from coming to New York where her skills would be a much needed asset (frankly, property taxes might scare her and other skilled professionals away anyway). While the decisions to do the "right thing" may not be a popular one in this understandingly hostile firearm climate, Ms. Grave's weapon was not stolen or part of the illegal firearm trade.

Despite what law enforcement might think about sending a message to would be illegal firearm possessors in New York, a flexing of "District Attorney muscle" would arguably send the wrong message in this limited type of case. That is, if you possess a weapon in New York not realizing the law and that firearm is properly registered with a permit elsewhere, hide it and conceal it. Under no circumstance should you bring it to law enforcement. While not doing so could endanger the lives of police officers and regular residents, prosecutors will punish you for doing the "right thing" while they are unwilling to do the same.

If any of the above information or assumptions is incorrect, then a different analysis may very well be necessary when deciding how to prosecute this case. It could be, in fact, that a thorough and full prosecution is necessary. Otherwise, our leaders in law enforcement and elsewhere are elected and appointed to have courage and do the "right thing." Whether the appropriate outcome in this case occurs, and I am not insinuating that it will not, time will certainly tell.

To educate yourself extensively on New York's weapon possession laws including Criminal Possession of a Weapon in in the Second Degree, follow the highlighted links above. There you will find analysis of the various Article 265 statutes as well as links to the NewYorkCriminalLawyerBlog.Com where there is further review of legal decisions and cases in the local New York City area news.

Established by two New York criminal lawyers, the former Manhattan prosecutors at Crotty Saland PC represent individuals accused of weapon crimes throughout the New York City region.

Stealing more than mere shekels, multiple alleged Identity Theft and check fraud rings pilfered $2 million from high worth individuals including the accounts of UJA-Federation donors. Although Hank Greenberg may not have noticed a few thousand dollars here or there, the alleged fraudsters are getting more than an "Oy Vey" from Manhattan District Attorney Cyrus Vance, Jr. for their alleged identity thieving. In fact, some of the nearly sixty defendants arrested or accused of various crimes are facing charges including Grand Larceny in the First Degree, a "B" felony punishable by a mandatory minimum of one to three years in prison. The maximum for this crime is eight and one third to twenty five years, but these numbers are all skewed should any of these men or women have prior felony records from the past ten years. While alleged gang association does not necessarily mean a criminal past, prosecutors further claim the many of those arrested in New York were members of the Bloods and Crips.

According to the New York County press release as well as numerous media outlets, the scheme (like many involving Identity Theft) was fairly east to perpetrate. For Example, Tracy Nelson, an employee of the UJA Federation, processed donor checks. This access to sensitive and financial information gave her the opportunity to allegedly take pictures and copy account information of donor checks. It is further claimed by DANY prosecutors that Nelson then sold the copies to other thieves who would open fraudulent checking accounts or credit cards with this information.

Although UJA Federation may be the highest profile organization to have a lapse in its security, it certainly is not the only one. Nelson's boyfriend, Roberto Millar, sold cars at Brooklyn's Open Road Audi. It is there, Assistant District Attorneys assert, the defendant mimicked his live-in girlfriend to steal and sell customer financial account information. Beyond these two alleged co-conspirators, Nicola Bennett, the compliance officer at AKAM Associates, Inc., and Karen Chance, a teller at Chase Bank, are alleged to have either accessed, stolen or reproduced customer and client information as well. All told, the defendants collectively are believed to trafficked in social security numbers, dates of birth and bank account information for a solid one thousand people. In doing so, some members of these groups allegedly took over credit card accounts, recruited individuals to get them access to legitimate accounts, and even created fake checks. If nothing else, the crews (if true) where certainly full service providers.

Giving himself a shout out to his prosecutions previously spearheaded by his merry band, Manhattan District Attorney Vance proclaimed: "From ATM skimmers, to waiters stealing credit card info, to the exploitation of systemic weaknesses in bank systems, we are attacking cybercrime and identity theft head on." Sadly, despite his and other law enforcement efforts, the volume and amount of financial loss associated with Identity Theft appears to be exploding in magnitude in New York and well beyond. Prosecutors can and will continue to pursue and investigate these and other fraud schemes, but until they get more support from banks and other institutions they will continually fight an uphill battle.

Founded by two former Manhattan prosecutors, Crotty Saland PC represents the accused through the New York City area. One of our criminal attorneys, Jeremy Saland, served in the predecessor to the Cybercrime and Identity Theft Bureau.

To learn more about Grand Larceny, Identity Theft and Criminal Possession of a Forged Instrument, please review the CrottySaland.Com website and this blog as well as the NewYorkTheftAndLarcenyLawyers.Com website and associated blog at NewYorkTheftAndLarcenyLawyersBlog.Com

PROSECUTORIAL AGENCY

Manhattan District Attorney's Office

CRIMES CHARGED

Grand Larceny in the First Degree (NY PL 155.45): Theft of property valued in excess of $1 million. This offense is a "B" felony.

Grand Larceny in the Second (NY PL 155.40): Theft of property valued in excess of $50,000, but not greater than $1 million. This offense is a "C" felony.

Grand Larceny in the Third (NY PL 155.35): Theft of property valued in excess of $3,000, but not greater than $50,000. This offense is a "D" felony.

Grand Larceny in the Fourth Degree (NY PL 155.30): Theft of property valued in excess of $1,000, but not greater than $3,000. This offense is a "E" felony.

Criminal Possession of Stolen Property in the Fourth Degree (NY PL 165.45): Possession of stolen property valued in excess of $1,000, but not greater than $3,000. This offense is a "D" felony.

Identity Theft in the First Degree (NY PL 190.80): Depending on the particular theory or subsection, this crime occurs when there is a use of personal identifying information of another while perpetrating a "D" felony or where services or property is obtained valued in excess of $2,000. This offense is a "D" felony.

Criminal Possession of a Forged Instrument in the Second Degree (NY PL 170.25): The possession of a fake or fraudulent document, credit card, check or other object that is possessed with the intent to defraud. This offense is a "D" felony.

"B," "C," "D," and "E" felonies are punishable by up to twenty-five, fifteen, seven and four years respectively.

* The above definitions are limited and are not a complete translation of the law. For a complete verbatim reference, review the New York State Penal Law.

THE ACCUSED

YOUNES ABIDAR, MERCY ADEBANDJO, KARRONE ALFRED, JAMEL ANNUZIATA, JAMAAL ANTHONY, NICOLA BENNET, JOSIAH BOATSWAIN, ERICA BROWN, MARK CAMPBELL, KAREN CHANCE, KINO CHARLES,UMAR CREDLE, DIOR KYLE DUMOY, CORNELIUS GARY, CLAUDE GASKIN, JOANNA GIERCZACK, TAFARIE GLASGOW, AJIRE GOLDEN, LIANA GUISCHARD, DAN HAZAN, ALDORAY IRVING, ALTON JAMIESON, ELLORA SMITH JULIUS, CHARLES KELLY, ALRICK CARMEN KOFFI, DEAN MAPP, MOISE, SHAHEIRA MOODY, TRACEY NELSON, ANTHONY PARKER, ANDY PETTITHOME, HANSEY JEAN PIERRE, RICHARD RAMOS, DARRYL RIELY, JESSICA RODRIGUEZ, KURT RUSSELL, LAQUASHIA SEABERRY, DARRYL SYNCON, CHRISTOPER TENN, JONATHAN TUCKER, NICOLE LEACH VITALIS, EVELYN WALKER, JETANE WEBSTER, BRANDON WHITE, CARLOS WHITE, SHAUN WILLIAMS

According to New York City's top prosecutor, a Manhattan Chase Bank teller's passion for the Benjamins may have cost him much more than the $240,000 he is alleged to have swindled from his employer. Unfortunately for Sephoen Tsang, a Chinatown branch worker, Manhattan District Attorney Cyrus Vance, Jr. has escalated the "war" on white collar crimes in recent months with equal passion to Tsang's alleged thieving ways.

It is claimed by prosecutors that Tsang made numerous fake and false entries into the computer system at Chase Bank regarding the movement of $243,000 in funds. Although prosecutors claim that internal computer systems records from November 29, 2011 appear as if Tsang moved $243,000 from his teller drawer to the bank vault and and then again to the ATM machines, these transactions never transpired. Instead, the money was allegedly stolen outright.

Upon learning of the possible theft, the New York City police department, along with the Manhattan District Attorney's Office, began their investigation. Not only did a search warrant executed at the Tsang's home result in the recovery of $26,000 in cash, a flat screen television, and an Apple MacBook Air computer, but Tsang was located miles away in Atlantic City playing baccarat at the Borgata Casino.

According to the indictment charging Tsang with multiple crimes, the defendant faces multiple felonies including Grand Larceny in the Second Degree (New York Penal Law 155.40) and Falsifying Business Records in the First Degree (New York Penal Law 175.10). Second Degree Grand Larceny is a "C" felony punishable by up to five to fifteen years in prison while First Degree Falsifying Business Records is an "E" felony punishable by as much as one and one third to four years in prison.

The Grand Larceny charge that Tsang faces simply stems from the alleged theft of property, here it is cash, with a value exceeding $50,000, but not more than $1 million. Falsifying Business Records, on the other hand, could have occurred in many ways. Generally speaking if you make a false entry or cause a false entry to be made in the business records of an enterprise (inputing false transaction records into the Chase computer and banking records) with the intent to defraud and you do so to hide or assist in the carrying out of another crime (Grand Larceny), you have perpetrated this offense. Although it likely is not applicable in Tsang's case based on my brief reading of the press release, there is an affirmative defense to Falsifying Business Records. New York Penal Law 175.15 states that if you falsify any type of business record at the direction of a supervisor and you did so as an employee without any benefit, then you would have a defense to any degree of Falsifying Business Records.

There may be many factors in determining the strengths and weakness of this case. Is there a means by which the entries made in the Chase system is traceable to Tsang? If there is a login is it shared? Is there an answer as to why a teller, who likely does not make that much money, had in excess of $25,000 in cash in his apartment? Prosecutors likely have determined or are attempting to ascertain how much money Tsang gambled with and how he had access to those funds. Does Tsang have a reasonable answer?

Unfortunately for Tsang, prosecutors throughout New York City have become more strict and aggressive in their prosecution of theft and fraud crimes in New York. Will Tsang beat the case? Will he end up behind bars? One thing is for sure. This coming Christmas Tsang's stocking will be filled not with gifts and goodies, but anxiety and grief.

To educate yourself on the Grand Larceny and Falsifying Business Records in New York, please follow the highlighted links above. Additionally, Crotty Saland PC's NewYorkTheftAndLarcenyLawyers.Com website has significant information on Grand Larceny crimes in New York ranging from collateral consequences, potential punishment and analysis of criminal statutes.

Established by two New York criminal lawyers who served together as Assistant District Attorneys in Robert Morgenthau's Manhattan District Attorney's Office, the criminal attorneys at Crotty Saland PC represent the accused throughout the New York City region.

"Go get 'em, Cy!" That was likely the cheer that echoed through the halls of TD Bank corporate headquarters after the Manhattan District Attorney and his troops announced the indictment and arrest of 94 individuals in an alleged check fraud and Grand Larceny ring that pilfered approximately $450,000 from the global bank. While the loss of $450,000 has absolutely no impact on the bottom line of such a large institution, and is likely viewed merely as one of the many costs of doing business in the 21st century, such a theft is significant in terms of consumer and banker confidence and security. The alleged fraudsters may have believed they were in a real life Staples commercial when they allegedly looted approximately 90 accounts and spent the ill gotten gains on cards and dice at area casinos (Hey, "That was easy."), but they were certainly wrong. The sad reality for the accused is that many of those arrested now face up to fifteen years in state prison. Reminiscent of the Queens District Attorney's Office 16 million dollar and 100 plus person indictments charging Enterprise Corruption, Grand Larceny and other crimes, Manhattan prosecutors, like District Attorney Brown's crew, are poised to to send a strong message to would be identity, cyber and check fraud thieves. In fact, taking a page out of the book of his predecessor, Robert Morgenthau, for fighting crimes in the streets and in the suites, DA Cyrus Vance, Jr. stated:

"Our job is to protect New Yorkers, whether on the streets, online, or in the banking system. The most recent cases brought by my Office's Cybercrime and Identity Theft Bureau show how pervasive cyberfraud schemes are, and how they depend on individuals willing to play various criminal roles. Whether you are a ring-leader or a small player, if you are caught committing fraud, you will be prosecuted."

Frankly, DA Vance is right and he is assertive in his position. Although any indictment is merely an accusation, whether the theft amount is large or small, involves a few individuals or is a criminal enterprise, no organized act of Grand Larceny is insignificant in the eyes of law enforcement.

According to reports and the Manhattan District Attorney's Office press release (check out the piggy bank symbolizing bank accounts...it brings a touch of "fun" to an otherwise serious situation) prosecutors claim that the alleged band of thieves was run by men and recruiters who payed a couple of hundred dollars to individuals who would open up bank accounts. Once open, bad checks, wire transfers or other monies were deposited into the accounts. Although the alleged bad guys knew the money would ultimately not clear and checks would bounce, the defendants accessed and withdrew the money before the banks waited for the checks to clear. With the money in hand, nearly half a million dollars, the ring leaders allegedly lived like high rollers at Foxwoods Casino and other casinos throughout Atlantic City.

If true, the sad reality of a case like this is that but for the diligence and efforts of prosecutors and law enforcement agents, banks, like TD Bank, would probably not connect the fraud together. While missing the forrest from the trees, the banks would certainly catch a customer who failed to make a timely mortgage payment, but not the alleged large scale fraud rooted out by the Manhattan District Attorney's Office. Although they would certainly never publicly admit it, the cost to a bank for similar fraud (dollar wise this case involves the same amount of money as a lower end jumbo mortgage default) is not worth internal bank enforcement. Although my commentary may seem cynical or a little "tongue and cheek," with the relatively weakness in the penal law for crimes relating to Criminal Possession of a Forged Instrument, Identity Theft and in some cases Grand Larceny, the acceptance by banks of fraud as a cost of doing business, and the overwhelming amount of time it takes to "connect the dots" in a large scale fraud ring, it is clear to see why these types of schemes are the crimes of the future.

As I note in many of my entries assessing alleged large scale scams, what each defendant will set forth as his or her defense will likely play out, like a hand of poker or black jack, over the next few weeks and months. Whether the defendants fold or hit 21... we will all soon find out.

Crotty Saland PC is a New York criminal defense firm representing those accused of all crimes throughout New York City and the region. Jeremy Saland, one of our two founding New York criminal lawyers, served in the Manhattan District Attorney's Office for over seven years. During that time, Jeremy served in the Identity Theft Unit Major Case section, the predecessor to the Cybercrime and Identity Theft Bureau.

To learn more about the crimes listed above and below, please follow the highlighted links to CrottySaland.Com as well as the NewYorkCriminalLawyerBlog.Com. Additional information is available on Crotty Saland PC's new website and blog, NewYorkTheftAndLarcenyLawyers.Com and NewYorkTheftAndLarcenyLawyersBlog.Com respectively.

Crimes Alleged & Offenses Charged

Grand Larceny in the Second, Third & Fourth Degrees: New York Penal Law 155.40, 155.35 & 155.30

"C," "D," and "E," felonies respectively, these crimes are punishable by up to fifteen, seven and four years. If any of the individuals are predicate felons, mandatory state prison is required. These charges may have been aggregated on an individual basis, but not collectively across defendants as each defendant is not charged with the same degree crime.

Criminal Possession of a Forged Instrument in the Second Degree: New York Penal Law 170.25

A "D" felony punishable by up to seven years in prison. This offense likely relates to the fake checks or debit cards recovered from an individual. Alternatively, it is possible that he or she had a fake identification of some kind. Without more information, it is difficult to determine.

Conspiracy in the Fourth Degree: New York Penal Law 105.10

An "E" felony, this crime is punishable by up to four years in prison. The crime is tied to the defendants alleged "in cahoots" actions and activities to perpetrate the Grand Larceny criminal scheme. For prosecutors, it enables law enforcement to tie the defendants together into this alleged common fraud. It is important to recognize, however, Enterprise Corruption, a "B" felony with mandatory state prison for even a first time offender, was not charged.

Prosecutorial Agency

Manhattan District Attorneys Office - New York County, New York

Defendants Arrested & Accused

STEVEN ADDISON, TREVOR O. ALLEN, ALEXANDER ANDUJAR, FREDDIE AUSTIN, MADELEINE BALAGUER, JASMIN BARRAGAN, JOHN PAUL BAZIGNAN, TRAVIS BELL, LAURA BERRIOS, DAMIEN BLANKS, JAMALA BLY, DANNY CARDONA, IRIS CARRASQUILLO, VIVIANA CHAPARRO, FRANK CLARK, ISRAEL COLON, LOURDES COLON, CARLOS E. CORTIJO, JOSE CRUZ, JOSE M. CRUZ, VERONICA CRUZ, XOCHEEL CRUZ, SHANE DANIELS, JOANN DEBRO, MILTON DELACRUZ, ERIK DIAZ, JUSTIN DOUGHERTY, SEAN EDWARDS, RICHARD FARGAS, JENNIFER FELDMETH, JONAS FERNANDEZDIOSA D. FIGUEROA, JOSEPH FIGUEROA, NELSON FLORES-ESCOBAR, JOANNA GONZALEZ, CARLTON GOODWIN, TERRENCE M. GUY, ORLANDO GUZMAN, DANIEL HEADLY, JR., HECTOR HERNANDEZ, RAYMOND IRIZARRY, JONATHAN JAIMAN, JEAN JAYSURA, LAVONE KELLY, ERIC LANDRON, JONATHAN LASANTA, ROSA LEON, JAMES LEONARD, LUIS LOPEZ, JOEL LUCIANO a/k/a JOEL TORRES, EMIL MANZANO, JARELISSE MARTINEZ, JOSE MARTIR, CRYSTAL MCAULEY, ANGEL MEDINA, HERMINIA MEDINA, FREDDIE MERCADO a/k/a FREDDIE MERCADO JOUBERT, DAVID MORALES, CARLOS MORENO, DAYNA NIEVES, RAUL PADILLA, JR. JOSE PENA,RAFAEL PEREZ, XIOMARA PEREZ, JEREMIAH PETERSON, ILIANET PONCE, SCOTT RABA, AMADO RIVERA, ANTONIO RIVERA, JORGE RIVERA, JEFFREY RODRIGUEZ, D.O.B., RICARDO RODRIGUEZ, JUAN LUIS ROMAN, STEPHANIE ROMAN, JENNIFER ROSARIO, SABRINA ROSARIO, FRANCY SANCHEZ, GREGORIA SANCHEZ, JOSHUA SANDS, NEREIDA SANTIAGO, PANAMA SMALLS, JEFFREY W. STILL, EDWINA TAYLOR, ALBERTO TORRES, CHRISTOPHER TORRES, JUAN VEGA, ERNESTO VITAL, TOYIA WHITE, SANFORD WILLIAMS, LAKIESHA YOUNG, TAMIKA YOUNG

In a fairly atypical prosecution by the Manhattan District Attorney's Office, Cyrus Vance, Jr. and Company are spearheading a case in Manhattan Criminal Court against alleged "lone wolf" terrorist, Jose Pimentel. It is alleged that Pimentel was a step or two away from detonating a shrapnel filled pipe bomb somewhere in New York City in retaliation against the military's success against certain Muslim extremists. Pimentel faces up to twenty-five years in state prison if convicted not of the terrorism related offense that has galvanized the media, but for possessing an explosive type weapon.

According to reports, The New York City Police Department had been watching Pimentel for sometime after they learned of his alleged terroristic desires. In fact, it appears that Pimentel was the subject of NYPD scrutiny for well north of a year or two. While the story behind the investigation and ultimate arrest of Pimentel is fascinating, this blog entry will not address that investigation. Instead, the focus of this article is dissecting the offenses for which a Grand Jury may indict the accused.

Conspiracy in the Fourth Degree: NY PL 105.10(1)

An "E" felony, Conspiracy in the Fourth Degree, pursuant to New York Penal Law 105.10(1), is punishable by up to one and one third to four years in state prison. The basic premise of this crime is that a person is guilty of this crime if he or she has the intent that an "B" or "C" felony transpire or take place. Assuming this intent exists, the accused must also agree with at least one other person to engage or cause the performance of the intended act.

Applying the statutory language to the allegations against Pimentel, there are critical factors that one must first understand. First, Mr. Pimentel is also charged with violating New York Penal Law 265.04(1), Criminal Possession of a Weapon in the First Degree. Although this offense will be addressed further below, NY PL 265.04 satisfies one element of the Conspiracy charge as it is a "B" felony.

Another essential element to Conspiracy is that the accused not act alone. Although reports describe Pimentel as a "lone wolf," he is still charged with Conspiracy. Practically speaking, how can Pimentel be a "lone wolf" yet also be seeking to "join forces" with other co-conspirators? To answer this question, one must dig a little deeper.

According to New York Penal Law 105.30, it is no defense to a prosecution for Conspiracy that due to legal incapacity, unawareness, or to other factors precluding the mental state required for the commission of Conspiracy or the actual crime, the alleged co-conspirator or conspirators could not be guilty of the Conspiracy or the intended crime. That made no sense, did it? Let's try that again below...

In non-legal jargon, it makes no difference if you sought to detonate a bomb, as a conspirator with another person, but ultimately did so alone because there was no other party that shared your intent or desires. You could still be guilty of Conspiracy if you believed you had co-conspirators in your plot. It would make no difference in the eyes of New York State whether your co-conspirators had no intent in following through or were undercover police officers. In fact, even if your alleged co-conspirators were acquitted at trial, it would still be possible for a jury to unilaterally convict you of Conspiracy.

Although the Conspiracy charge against Pimentel is certainly interesting in terms of how the crime is prosecuted in this particular scenario, it is by no means close to the most serious offense for which the defendant faces.

Soliciting Providing Support for an Act of Terrorism in the Second Degree: NY PL 490.10(1)

A "D" felony, Soliciting or Providing Support for an Act of Terrorism in the Second Degree, pursuant to New York Penal Law 490.10(1), is punishable by up to seven years in state prison. Pimentel would be guilty of this crime if he intended that material support or resources would be used to plan, prepare, carry our or aid in either an act of terrorism or the concealment of the same. Additionally Pimentel must have raised, solicited, collected or provided material support or resources.

To better understand this statute, one must review all of the underlying definitions of this crime. One of those terms is "act of terrorism." An "act of terrorism" includes any act that is intended to intimidate or coerce a civilian population. Certainly, if true, prosecutors could make a powerful argument that detonating a pipe bomb filled with shrapnel in New York City would be an act of intimidation.

A second legal term, "material support or resources," also needs defining. This term is extremely broad and includes, but is not limited to, weapons, lethal substances and explosives.

Again, in non-legal jargon, in order for the Manhattan District Attorney's Office to successfully prosecute Pimentel they would have to prove beyond a reasonable doubt that the defendant had the intent that a weapon or explosive be used to carry out an act to intimidate a civilian population and that Pimentel collected or provided these explosives or weapons in order to do so.

Criminal Possession of a Weapon in the First Degree: NY PL 265.04(1)

Although a crime that has no legal element that involves terrorism, Criminal Possession of a Weapon in the First Degree is the most serious offense facing Pimentel. In fact, should the alleged terrorist be convicted of New York Penal Law 265.04(1), he would face a minimum of five years and maximum of twenty-five years in state prison. It is not unlikely that a judge would sentence Pimentel closer to the latter should he be convicted after trial.

The easiest crime to understand, one is guilty of CPW 1 if one possesses an explosive substance with the intent to use it unlawfully against another person.

As brief and concise as possible, theses are the main charges that prosecutors will likely present to the Grand Jury in the case against Pimentel. Whether there are other crimes, the defendant's attorney seeks to have his client testify or examined for mental stability, or some other interesting storyline plays out, Vance and his gaggle of prosecutors will have much to chat about beyond ATM machines and steakhouse waiters as they gobble on turkey, stuffing and a sides of cranberry later this week.

To learn more about the crimes listed above, including Criminal Possession of a Weapon, follow the highlighted links to the particular offense or to CrottySaland.Com.

Crotty Saland PC is a New York City criminal defense firm representing those accused of crimes throughout the metropolitan area. The New York criminal lawyers who founded Crotty Saland PC both served as prosecutors under Robert Morgenthau in the Manhattan District Attorney's Office.

While they may be best known for serving choice cut steaks, a few of New York's most famous steakhouses may need to add an arrest profile to their Zagat's ratings. According to reports, Manhattan District Attorney Cyrus Vance, Jr.'s prosecutors busted a credit card fraud ring allegedly run by men and women whose day jobs were to serve as waiters at some of New York's flagship restaurants. From Smith and Wollensky, Capital Grille and Wolfgang's Steakhouse in Manhattan to Morton's in Stamford and the Bicycle Club in New Jersey, it is alleged that more than two dozen arrested waiters dined on patrons' credit card numbers as their unsuspecting customers grazed on filet mignon, porterhouse and the occasional rib eye (bone in, of course). Although the allegations have yet to fully materialize, it is alleged that these waiters stole approximately fifty account numbers from the high-end credit cards, including the fabled American Express Black Card, and used these account numbers to go on expensive shopping sprees.

The means by which these accused waiters perpetrated the Enterprise Corruption, Identity Theft (although not technically charged with this crime), Grand Larceny, Criminal Possession of a Forged Instrument and other crimes is clear. The alleged fraudsters used hand held skimming devices to kick off the alleged scam. Fairly easy to purchase online, these devices can be hidden in one's palm and can scan a credit card in the time it takes to take one swipe. Once the reader glides over the magnetic strip, the account number is then stored for later use. Armed with the credit card numbers, the alleged defendants then encoded a new credit card with the stolen account number.

In two distinct twists that I have seen as a former Manhattan prosecutor and member of the Identity Theft Unit Major Case section, the fraudsters would encode either a completely fake credit card with the stolen account number or a "real" credit card that may have expired or is no longer legitimately being used. Depending how advanced or eager a team of thieves was, either a fraudulent identification was used to match the fake credit card or the legitimate matching identification was utilized where the credit card was a modified, yet properly issued, instrument. It is worth noting that in schemes such as these, a retailer or service provider who accepts the encoded credit card can often catch the fraudster if he or she is diligent. In many cases, a receipt that is printed contains the name of the proper or correct cardholder. While the name on an encoded card and fake identification will match, the name printed on the receipt will reflect the rightful accountholder.

In this arrest and indictment, the alleged credit card fraudsters used over $1,000,000 in ill-gotten gains to make purchases at high-end stores including Chanel. In fact, according to the Manhattan District Attorney's Office press release "[s]earch warrants executed yesterday in conjunction with the investigation resulted in the seizure of luxury goods, including more than $1 million worth of luxury watches and a cache of expensive wine, and...$1.2 million in cash; as well as skimming devices and the equipment necessary to manufacture fraudulent credit cards and driver's licenses."

What will be interesting to learn as this case develops is what roles did each person have. Although prosecutors have alleged it existed, was this crew truly a criminal enterprise and therefore subject to Enterprise Corruption? Merely because prosecutors give titles to or characterize defendants as "manager," "skimmer," "shopper" and "complicit customers" does not automatically mean there is an ascertainable structure where the members all worked toward the single criminal goal. Certainly, if true, these defendants will face a significant risk of prison.

Additionally, what, if anything, did these defendants state when they were arrested? Do prosecutors have video surveillance of purchases, signatures on fraudulent receipts or records linking certain waiters serving customers whose cards were later compromised? While I have my ideas of possible means to defend against these allegations, what defense strategy will ultimately prevail? Again, many of the defendants are charged as part of the criminal enterprise and are facing mandatory state prison on a "B" felony if convicted. A defense needs to be identified and implemented soon.

Although many people may wish that it was, Identity Theft is not going away. While many New York's may have been rightfully concerned when Jimmy McMillin preached during the gubernatorial election that the "rent is too damn high," denizens of the Big Apple should have a much greater concern. Make no mistake. Identity Theft is too damn easy.

WHO: Approximately two dozen waiters at top New York City and suburban steakhouses including Smith and Wollensky, Capital Grille, Wolfgang's, Morton's and the Bicycle Club. Defendants include: RICHARD BERTELETTI, JACOB BLUMENFRUCHT, ERIC BRAHMS, EMILY BRUMFIELD BRAHMS, DANIEL BURNS, ELLE CHONG ROZAN a/k/a ELOISE A. CHONG, ANTHONY COFFARO, MICHAEL DEJESUS, JOSE FELIX FERNANDEZ, KENNETH FRANQUIZ, DAVOR GONCIN, IZAK IRWIN GUTMAN, LUIS DAMIAN JACAS, a/k/a DAMIEN JACES, EDDIE KYLE, ANTHONY MARRA, PETER McGUIRE, JENNIFER MORGAN, JAMES O'CONNELL, RICHARD REICHBACH, TASHA ROSENHAUS, MARTHA RUBIANO, SASHA SCOLLIN and BRIAN TORREY.

ALLEGATION: Swiping and stealing high-end credit card account numbers from patrons, encoding fraudulent credit cards with that information and using the credit cards to make purchases.

CRIMES: B felony of Enterprise Corruption. Minimum of one to three years and maximum of eight and one third to twenty five years in prison for a first time offender. C felony of Grand Larceny in the Second Degree. Potential punishment up to five to fifteen years for a first time offender. D felony of Criminal Possession of a Forged Instrument in the Second Degree. Potential punishment of up to two and one third to seven years in prison for a first time offender. E felonies including Conspiracy in the Fourth Degree, Scheme to Defraud in the First Degree and Grand Larceny in the Fourth Degree. Potential punishment of up to one and one third to four years in prison for a first time offender.

PROSECUTING AGENCY: Manhattan District Attorney (New York County)

To learn about the New York crimes of Enterprise Corruption, Identity Theft, the multiple degrees of Grand Larceny, Criminal Possession of a Forged Instrument and other offenses, please follow the highlighted links back to CrottySaland.Com. There you will also find links to the NewYorkCriminalLawyerBlog.Com where you will find analysis of not merely criminal statutes, but legal decisions interpreting those statutes and reviews of cases in the New York area news. In addition to these resources, the New York criminal lawyers at Crotty Saland PC anticipate that NewYorkTheftAndLarcenyLawyers.Com and associated blog at NewYorkTheftAndLarcenyLawyersBlog.Com will have further relevant and practical information on white collar theft offenses once they go "live" by the end of November 2011.

Founded by two former Manhattan prosecutors, Crotty Saland PC is a New York criminal defense firm representing those accused of white collar, theft and fraud crimes throughout the New York City region.

According to Brooklyn District Attorney Charles Hynes, a scamming former stock broker managed to cheat and lie his way back into the 1% at the expense of fellow one percenters and on the backs of the 99% as well. While the arrest and indictment of Boris Shteyngart will likely not stop the #OWS from disrupting lower Manhattan on Thursday, it may send a strong message to would be thieves in Kings County. It is alleged in a multi-count indictment that Shteyngart defrauded a dentist from the "Show Me State" out of $142,000 and an 84 year old retiree out of $10,00 which consisted of a significant portion of the latter's life savings. All of this, according to Brooklyn prosecutors, was stolen and used to support Shteyngart's lifestyle.

DA Hynes claims that Shteyngart perpetrated his criminal scheme by "cold calling" potential investors. At some point after his alleged victims began to trust him, Shteyngart would convince these "investors" to send him money by wire transfer or check payable to "Bori." Once he received these checks, prosecutors allege that Shteyngart merely added an "s" next to "Bori." Not rocket science, "Bori" became "Boris" and Shteyngart was able to deposit the checks in his own account. In total, prosecutors believe the scheme netted the defendant approximately $200,000.

The indictment charges Shteyngart with Grand Larceny in the Second Degree, a "C" felony punishable by as much as five to fifteen years for a first time offender. Additionally, the indictment charges the defendant with the "D" felonies of Grand Larceny in the Third Degree and Forgery in the Second Degree. Both of these crimes are punishable by up to two and one third to seven years in state prison. An "E" felony, the indictment also charges Shteyngart with Scheme to Defraud in the First Degree. This offense is the least significant felony crime, but is still punishable by up to one and one third to four years in prison. Beyond these felonies, Shteyngart is also charged with Criminal Impersonation in the Second Degree, an "A" misdemeanor.

Although the Brooklyn District Attorney's Office press release indicates that the defendant faces up to 40 years in state prison, such a sentence is far from likely. While many factors, including Shteyngart's ability to pay back his victims, may mitigate his conduct, according to press coverage of the case, the defendant is not trying to mitigate his actions. In fact, his attorney has publicly denied the allegations and asserted that investigators rushed to judgment. For Shteyngart's sake, I hope his attorney is right.

On an interesting side note, this indictment comes on the heals of another white collar bust in Manhattan where Cyrus Vance, Jr. announced the indictment of three men in a debit card skimming scheme that allegedly netted the accused nearly $300,000 from numerous victims. Both these indictments make it overwhelmingly clear that white collar, larceny and theft crimes are still thriving in New York and beyond.

To learn more about the crimes of Grand Larceny, and Forgery, please follow the highlighted links above to the Crotty Saland website. There you will not only find detailed information about these statutes, but links to the NewYorkCriminalLawyerBlog.Com. The blog, another excellent source of information, contains analysis of criminal statutes, legal decisions further defining those crimes, and cases that have played out in the New York City news.

Founded by two former Manhattan prosecutors, the New York criminal lawyers at Crotty Saland PC represent those accused of white collar crimes throughout the New York City region.

Additional resources for New York larceny crimes can be found at the NewYorkTheftAndLarcenyLawyers.Com website and NewYorkTheftAndLarcenyLawyersBlog.Com going "live" in the next couple of weeks.

In the end, the Dominique Strauss Kahn case ended where it all began…the gutter. Detectives with the New York City Police Department arrested the former IMF leader and paraded him before the media. Manhattan District Attorney Cyrus Vance, Jr. obtained an indictment only to dismiss it months later. The press published their "gotch-ya'" photographs while tarring and feathering the accused Frenchman. A sixty-two year old French presidential candidate was exposed as an apparent womanizer possessing an overactive libido and a lifestyle that skirted criminality. A sympathetic immigrant woman who cried rape, but was caught in a web of half-truths and inconsistencies, may be more of a perjurer and victimizer than an actual victim. And lastly, an attorney, who stood to personify the protector of the voiceless victims of sex crime while simultaneously pocketing millions in a civil suit, looked at best ill prepared to manage the intensity of what may be the most sensational criminal case of the decade. At worst, this same attorney may have been a co-conspirator in his clients now debunked claims.

It is likely that one could ask fifty criminal lawyers their respective opinions about whether or not prosecutors rushed into the Grand Jury. It is equally likely that you would, or at least could, get fifty differing and reasonable responses. When asked by various news reporting agencies, I have always maintained that the case should not have been presented to the Grand Jury. Instead, prosecutors should have sought a bail package to avoid having their legal hand forced (it is interesting to note in the extensive Dismissal on Recommendation (DOR) filed by the Manhattan District Attorney's Office, a detailed analysis of the complainant's failings is given, but no reference whatsoever to the bail discussions). A bail package, similar to the one agreed to post-indictment, would have absolutely circumvented this P.T. Barnum affair that will forever scar a man with a wrongful indictment. Moreover, at no point in the DOR, or to my knowledge in any statement, did prosecutors assert that they believed the witness or the evidence in the case beyond a reasonable doubt prior to stepping into the Grand Jury. Clearly this is now the case, but the omission from the time of the indictment is concerning. Prosecutors should not be presenting evidence before that body in any case unless they subjectively and objectively believe the evidence will reach this level of certainty.

Whether or not Cyrus Vance correctly or incorrectly altered the potential course of world history by obtaining an indictment of a presidential candidate only to later dismiss it, will likely be debated for years. However, nobody can blame the Manhattan District Attorney and his staff for the shortcomings of the DSK case and its ultimate dismissal. In fact, over the course of the case, prosecutors acted ethically and upheld their duty as required by law. If blame is to be placed on anyone, and I believe that it should be, Nafissatou Diallo and her attorney, Kenneth Thompson, need only look in a mirror to see why the case was tossed back into the gutter. Ms. Diallo, according to prosecutors, did not just fabricate one story, she did it so many times even when given the opportunity to come clean. Her inconsistencies and misrepresentations of the case apparently grew in rhythm with the media frenzy. These falsifications and distortions – multiple mobile numbers where Diallo claimed only one, a recorded conversation with an incarcerated fiance regarding capitalizing on DSK’s wealth, an account with $60,000, fabrications made to immigration authorities and, quite significantly, about past rapes – would likely be enough for prosecutors to drop any “regular” case. Truly, as allegedly and correctly noted by ADA Joan Illuzzi-Orbon, “[n]o one with half a brain would ever put [Ms. Diallo] on the stand."

Equally concerning, in lieu of shielding her from further damage and concentrating on explaining away the problems with his client and her multiple stories (assuming he believed she was truly being honest), Mr. Thompson did quite the opposite. Although Mr. Thompson blames the prosecution for sabotaging his client’s credibility, he, not the prosecution, arranged for an interview on prime time television. This mistake to generate more press further created a pirate's booty of impeachment and cross examination materials. While slightly more advance than Criminal law 101, basic lawyering dictates that you insulate, not expose, your client and her case to further degradation. Protesting to the media and filing a request for a special prosecutor further doomed his client’s case. Instead of merely dismissing the indictment with a general DOR, DA Vance filed an extensive DOR. This twenty five page document can and will easily substitute for a defense team’s road map on how to tear Ms. Diallo apart at a civil deposition or trial. Whether Mr. Thompson had dollar signs in his eyes when the case commenced, I can only speculate. But if he did, those dollar signs are now ghoulish whammies.

There are many criminal attorneys and prosecutors who have “been around the block” equal to or more times than I have. I certainly have my opinions, but cannot profess to have all of the answers. DA Vance may have prematurely presented a case to a Grand Jury that he would take back if he could. Fortunately, however, DA Vance cannot be questioned as to his post-indictment ethical and legal steps. DA Vance, faced with a difficult decision and stepped back to dismiss an indictment, ensured that legal justice was ultimately done.

Out of fear of opining too much, there are two last issues or comments that need addressing in a general context. First, claims by individuals, regardless of how horrific they are, are merely claims. We, as the general public, should not rush to condemn until we know the facts. This is true even if the accused is someone we would never befriend or find personally appalling. Second, and of greater importance, prosecutors must fully recognize the power they wield and the complete destruction and decimation they can cause if they incorrectly exercise this power. While DSK was exonerated, few of us have tens of thousands or millions of dollars to fight back against the storm of law enforcement.

Crotty Saland PC is a New York criminal defense firm. Founded by two former Manhattan prosecutors, the New York criminal lawyers at Crotty Saland PC represent the accused throughout the New York City region.

After a string of high profile defeats, Manhattan District Attorney Cyrus Vance is going back to the well with the hope that a tested formula will deliver a conviction to public eyes. Like its predecessors, Testwell Laboratories and V. Reddy Kancharla, American Standard Testing and Consulting Laboratories Inc. (ATSC), along with its president Alan Fortich, was indicted by a New York Grand Jury and charged with Enterprise Corruption, Scheme to Defraud in the First Degree, Offering a False Instrument for Filing in the First Degree, and Falsifying Business Records in the First Degree. Additionally, professional engineers Michael Rabkin, Shamim Akond, Richard Kasparian and Bruce Pumo were also charged in the extensive indictment. A "B" felony, Enterprise Corruption is punishable by up to 25 years in state prison for a first time offender while each of the other crimes are "E" felonies punishable by up to four years in prison.

Replicating the factual allegations and ultimate conviction against the Testwell group, Manhattan prosecutors claim that ATSC fudged, altered and manipulated lab results concerning concrete used in numerous public and private jobs. In fact, the indictment alleges that the defendants “regularly skipped vital safety tests and created false reports to create the impression that the tests were performed." Of great concern for prosecutors is that the buildings where the concrete was poured include such iconic and critical New York venues and structures such as Yankee Stadium, Memorial Sloan-Kettering Cancer Center, the Javits Center, the Port Authority Bus Terminal, the Intrepid Sea, Air & Space Museum and even sections of the Second Avenue Subway. Additionally, ATSC, Fortich and others are alleged to have filed false documents not only associated with testing procedures, but also with government agencies as to eligibility for certain programs. According to DA Vance, Fortich defrauded the "MTA through the Disadvantaged Business Enterprise (“DBE”) program...designed to help businesses owned by women or a member of a designated minority group" by falsifying the paperwork that was the foundation of eligibility.

Whether ATSC and the individual defendants are convicted or end up in state prison like the construction defendants before them, time will tell. Regardless, it is clear that the construction industry, and the alleged fraud that surrounds it, has drawn the ire of Manhattan's top prosecutor.

To learn more about the crimes of Enterprise Corruption, Falsifying Business Records and Offering a False Instrument for Filing, please follow the highlighted links. Moreover, a review of the New York Criminal Lawyer BlogTe and search for these crimes will reveal legal analysis of these statutes as well as court decisions and other cases in the news.

Founded by two former Manhattan prosecutors who served under Robert Morgenthau, Crotty Saland PC is a New York criminal defense firm representing those accused of crimes throughout the New York City region.

Attorney General Eric T. Schneiderman has a long way to go to fill his predecessor Andrew Cuomo's shoes, but he announced an indictment today that will certainly keep a crew of criminal defense attorneys busy over the next few months. The indictment, the culmination of a significant investigation where undercover investigators posed as potential nursing students, accuses eleven defendants of operating a fraudulent nursing school and college scheme. The defendants are charged with Grand Larceny in the Third Degree (NY PL 155.35) as well as Scheme to Defraud in the First Degree (NY PL 190.65). A "D" felony, Grand Larceny in the Third Degree is punishable by up to seven years in state prison while Scheme to Defraud in the First Degree is an "E" felony punishable by up to four years in state prison.

It is alleged that the defendants, Robinson Akenami (owner and operator of Helping Angels Foundation of America (HAFA)), Jocelyn Allrich (owner and operator of Hope-VTEC Hope-VTEC a/k/a J. Allrich Productions, Inc., Hope Nursing Tutorial Services, and Tutorial Nursing Prep), Nadege Auguste (owner and operator of VTEC-NY, Inc. a/k/a Life-VTEC), Andre Castage (an Administrator and Admissions Director at International Language and Professional Network, Inc. (ILPN)), Carline D'Haiti (operator of Envision Review Center), Salavatrice Gaston (a second operator of Envision Review Center), Anthony Myers (an administrator and ILPN's Admissions Director), Rodye Paquiot (an executive at ILPN), Carl Lee Sellers (the Administrator of Hope-VTEC), Frantz Simeon (owner and Executive Director of ILPN) and Jude Valles (established the VTEC franchise) each perpetrated various frauds on unsuspecting students. It is claimed that these men and women lied to students about critical educational issues such as the schools accreditations and that students would be eligible to sit for the New York State Nursing Board Exam (NCLEX).

As a result of this alleged deception, AG Schneiderman's troops claim that the defendants and their schools snookered $6 million from students in Brooklyn, Queens and Long Island. Individually, some students paid up to $20,000 for the valueless degrees and were not eligible to take the Nursing Board Exam or become LPNs or RNs.

Extensive information on New York Grand Larceny crimes can be found through the hyperlink. Additional information on this crime as well as Scheme to Defraud and other criminal offenses can be found on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) or the Crotty Saland PC website.

Founded by two former Manhattan prosecutors who served under Robert Morgenthau, the New York criminal lawyers at Crotty Saland PC represent those accused of and arrested for crimes throughout the New York City region.

Although not arrested by Detective Frank Drebin, for seventeen individuals indicted in Brooklyn because of their alleged involvement in High Class NY, a New York City escort ring, this certainly is “some kind of a bust.” Unfortunately for them, however, there is nothing funny about the predicament they face. According to Charles Hynes, Kings County’s top prosecutor, "[th]ere is no such thing as a high-class pimp, and as we do with all other pimps, my office will prosecute these defendants and seek the maximum sentences available under the law.” Charged in the 144 count indictment, seventeen individuals, including Mikhail Yampolsky; his wife, Bronislava Yampolsky; his son, Alexander Yampolsky; his step-son, Jonathan Yampolskaya and alleged investors Efim Gorelik and Yakov Maystrovich, face some of the highest degree felonies in the New York Penal Code. In addition to these defendants, detectives also arrested Valerii Loboda, Irina Pobukovsky, Ilya Olshansky, Angelo Pascacello, Meredith Harford, Boris Ratovsky, Yury Gorelik, Pinia Ashkinadze, Alexey Senenov and Oleg Lechko. These men and women, as well as five corporations, face a multitude of crimes such as Enterprise Corruption, Promoting Prostitution, Money Laundering, and Criminal Sale of a Controlled Substance.

If it is not overwhelming clear through DA Hynes’ statement, the Brooklyn District Attorney’s Office firmly believes that this alleged crew of pimps and prostitutes, who also dabbled in narcotics and drug trafficking, is being treated not merely as individuals, but as an organized criminal institution. Enterprise Corruption, a “B” felony punishable by a mandatory minimum of one to three years in prison and a maximum of eight and one third to twenty five years in state prison for a first time offender, is New York’s version of the federal RICO statute. In charging this crime and arresting these individuals, prosecutors believe and must prove beyond a reasonable doubt that High Class NY operated with a structure that was both ascertainable in nature, ie, different levels of workers, with a common goal or purpose.

What is likely concerning to many johns (men who solicit prostitutes) and the defendants already indicted, is that credit cards were allegedly used to procure the services of prostitutes from High Class NY through websites such as HighClassNY.Com, DiscreteClub.Com, NY AdultDating.com, CupidDirect.Com, and AngelofYourChoice.com. These alleged escorts charged between $400 to as much as $3,600 an hour. It is further claimed by law enforcement that men paid up to $10,000 in one night. Whether or not these johns are contacted and questioned by law enforcement is yet to be seen, but the defendants may have created an easy trail of criminality in terms of ascertaining dates of “transactions,” monies spent and the names of these johns. Combine this with the ability of law enforcement to obtain records of login information, IP addresses and hosting information, this alleged evidence gives law enforcement the ability to more easily prosecute the charge of Money Laundering and Promoting Prostitution.

In addition to these crimes, prosecutors allege that when some of the johns booked the “models,” they were also supplied with drugs. In an attempt to allegedly cover up the Sheepshead Bay’s escort and prostitution service, contracts were created whereby “models” signed agreements not to engage in sexual activity with clients. Assuming this is accurate, the alleged ring members would have some difficulty solely using these contracts as a defense if evidence can show that they benefited financially or were involved in the sexual activity or drug trade.

According to the indictment, High Class NY made more than $7 million between September 2007 and November 2010. Moreover, both Gorelik and Maystrovich each invested $700,000 in the company. It is likely that this corroboration came through a variety of sources such as records from High Class NY as well as search warrants and wire taps.

I can only speculate (I only have information supplied through media outlets and the Brooklyn District Attorney’s Office press release), but clearly some individuals will have stronger defenses than others. In part, this is because they operated outside of the structure or did not have their hands in narcotics trafficking. Moreover, the District Attorney’s Office will likely come down harder on different individuals due to their particular roles in the ring. What defense is set forth by the defendants and what defenses are viable will slowly and undoubtedly come to light over the next few weeks.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal lawyers at Crotty Saland PC represent those who are accused or crimes throughout the New York City region.

For extensive information on New York Prostitution crimes and related offenses follow the highlighted link. Additionally, a wealth of information on other crimes, including Enterprise Corruption, Criminal Sale of a Controlled Substance and Money Laundering can be found on the Crotty Saland PC website as well as the New York Criminal Lawyer Blog.

Jeremy Saland, a New York criminal defense attorney and former Manhattan prosecutor, was interviewed for a Wall Street Journal article published today addressing the intersection of modern day lawyering and social media. An interesting article, one of the main themes of the piece was how social media - blogs, twitter and facebook - can help an attorney's marketing and client generation.

Make no mistake. If done the right way, utilizing social media can certainly help drive business to your law practice. The article made this very clear. However, equally important in generating business over time is not only getting the phone to ring, but to be able to service your clients and to do so ethically and diligently. After all, establishing a career that will span decades is not about merely getting a high profile case or one "big fish" client, but in assisting all clients in all matters with the highest degree of professionalism.

Although not detailed in the Wall Street Journal, today's internet often dupes consumers into believing perception is reality (how many "experts" are out there today?!?!). It is often difficult to find substance in a website or blog, and sometimes with the actual attorney, through all of the nonsense and exaggeration. If your use of social media is strictly the fluff of client generation and you cannot demonstrate your legal knowledge while achieving satisfactory results, the buzz you have created about your firm - as well as your clients - will ultimately fade away.

At the end of the day, there is nothing wrong with using social media as vehicle for client development and marketing. Don't let other attorneys who may not be as experienced in this area tell you otherwise. Yet, don't become a victim of your own hype. The rules of law school 101 will dictate your success. That is, there is no substitute for true lawyering.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. Beyond the website, the New York Criminal Lawyer Blog contains a wealth of information ranging from commentary on criminal statutes and cases to analysis of criminal matters in the New York area news.

Oscar Fuller, the man accused by prosecutors of obliterating the petite Lana Rosa with one punch, was arraigned on an indictment charging Assault in the Second Degree in Manhattan Supreme Court earlier this April. According to District Attorney Cyrus Vance, Jr., what began as a dispute over a "trivial matter - a parking spot - turned into a vicious and senseless act of violence with dire consequences.”

While I do not believe anyone can credibly argue that Ms. Rosa, who recently awoke from a coma after fracturing her skull, was not hurt catastrophically, legal minds can certainly debate whether or not DA Vance made the wrong (or right) charging decision in this case. Make no mistake, DA Vance had "no choice" but to present this matter to a Grand Jury. If he did not present the case to the Grand Jury, the jury of public opinion would not embrace the top prosecutor well. If the case was presented to the Grand Jury and they did not indict, then DA Vance could always explain that he must respect the process whether he agreed or not with the outcome. Regardless, the Manahttan District Attorney's Office is now saddled with proving a one punch felony that may not merit such a prosecution based on the actions of the accused as opposed to the end result.

For the sake of argument, let's assume that Fuller did in fact punch Rosa in the face. Moreover, let's assume that the young lady fell to the ground and struck her head causing her to lose consciousness. Let's further assume that Fuller had the intent to cause physical injury. After all, if true, there are few, if any, reasons why one person would punch another person in the face. The next, and critical, issue, however, is the hurdle that the prosecution must jump. When Fuller punched Rosa did he do so with the intent not to merely cause "physical injury," but "serious physical injury."

"Physical injury" means impairment of physical condition or substantial pain. "Serious physical injury," however, means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. As you can see, there is a vast difference between the two. Again, the end result is not the issue, but whether or not Fuller struck Rosa with the intent to cause "physical injury" or "serious physical injury."

As I understand the evidence, Fuller struck Rosa once. Furthermore, Fuller's attorney claims that video supports that Rosa approached his client first. After the one punch, Ms. Rosa, who is not even five feet tall, was knocked back and her head struck the sidewalk causing the catastrophic injuries. Objectively (beyond a reasonable doubt), was it Fuller's intent to fracture her skull or cause potential brain damage when he struck her and she struck the sidewalk? If that were the case and the prosecution believes Fuller intended to use the sidewalk as the weapon to perpetrate the crime, then prosecutors would have charged a different subsection of the felony Assault (the weapon and dangerous instrument "bump up"). Instead, they chose the theory and subsection as described above.

Assuming the evidence is close to what is described, did Fuller want to hurt Rosa and cause her pain? The objective answer, self defense argument aside, is probably "yes." Maybe he wanted to even teach Rosa a "lesson" and give her a fat lip, black eye or swollen nose. But, when he struck her, was it his intent to cause her such an injury that there was a substantial risk of death or protracted impairment of her health or functioning of a bodily organ? Is the evidence going to establish beyond a reasonable doubt that with one punch it was his intent to hurt Rosa this horrifically? Despite prosecutors' apparent claims, the fact that Rosa is a small woman does not equate to a different intent in the mind of Fuller. Is their argument that if Rosa weighed more or was a bigger man, who absorbed the punch better, then Fuller's intent would have been different? The smaller woman may have made his actions more reckless, but, without more - threats, multiple swings, hovering over her, etc. - the one punch doesn't add up to an intent to cause "serious physical injury."

What all of us tend to do is confuse or combine our emotions with the law. While the two are no mutually exclusive, the issue is not whether you like Fuller or if you grieve for Rosa and her family. One would be terribly insensitive not to feel for the pain Rosa and her family has and will continue to go through. No man or woman should strike another over such an insignificant argument. Having said that, emotions aside, the law is still the law. While there may be civil remedies and a misdemeanor crime, the facts as I know them do not warrant an indictment - or conviction - for Assault in the Second Degree. Fortunately, I am neither judge nor jury. Come later this month when Mr. Fuller is next in court, we will certainly begin to see whether or not my assessment has any merit.

For in depth information as to the general crimes of Assault in New York as well as the difference between Assault in the Second and Third Degrees, please review the Assault section of the Crotty Saland PC website listed under Violent Crimes. Beyond the Crotty Saland PC website, additional information on these and other crimes, including criminal statutes, legal decisions and analysis of press related cases, can be found on the New York Criminal Lawyer Blog.

Crotty Saland PC is a criminal based New York City criminal defense law firm. The two founding partners both served in the Manhattan District Attorney's Office before starting the law practice.