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Articles Posted in White Collar Crimes

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NY Fake ID Case Dismissed: Having a Fake Drivers License May By Itself Not Establish PL 170.20

Just as different facts and evidence can result in different arrests, charges and outcomes, different courts can analyze similarly charged cases and reach different conclusions as to legal sufficiency. In the realm of fake identification cases in New York, this could not be more accurate. Very briefly, you are guilty…

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New York Criminal Possession of a Forged Instrument: Establishing Knowledge & Intent to Defraud in a Fake ID Arrest

A fake identification is grounds for arrest whether you’re a college student at Columbia or NYU, a high school kid visiting New York City or you are a foreign national in need of some form of ID to work. Simply, there is nothing found in New York Penal Law 170.20…

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Felony Identity Theft Arrest for Second Time Felon Ends in Non-Criminal Violation: Client Avoids Mandatory Prison on PL 190.79 Indictment

“Hate” is a relative term in this context, but its fairly reasonable to assert the NYPD (or any police department), District Attorneys and local, city and Supreme Court criminal judges hate Identity Theft. Its not such a great leap for a New York Identity Theft attorney, an accused or a…

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New York Gambling Crimes: Can a “Player” also be a “Promoter” in Violation of New York Penal 225.30, Possession of a Gambling Device

Every which way you look, one prosecutorial agency is enforcing a Federal or State law that forbids, prevents or punishes illegal gambling. It may be a lucrative business if you don’t get caught, but as soon as you do it is not uncommon to find yourself charged with Money Laundering…

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New York’s Martin Act and the Expansive Meaning of “Fraud” and “Fraudulent Practice”

New York’s “Blue Sky Law,” The Martin Act, prohibits “[a]ny fraud, deception, concealment, suppression, false pretense or fictitious or pretended purchase or sale” in “the issuance, distribution, exchange, sale, negotiation or purchase … of any securities or commodities.” Codified by New York Business Law section 352, the Martin Act packs a punch…

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New York Penal Law 195.20: New York State’s Public Corruption Crime of Defrauding the Government

Its not likely that either New York State prosecutors or New York criminal defense attorneys see many of these types of offenses as they are more commonly prosecuted by Federal prosecutors, but New York State has a government defrauding statute on the books. Codified in New York Penal Law 195.20,…

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New York Forgery & Forged Instrument Crimes: Is Creating Your Own Fake Check a Crime

Whether prosecuted as a felony or misdemeanor, the crimes of Forgery and Criminal Possession of a Forged instrument are offenses in the New York Penal Law that carry significant terms of jail and imprisonment ranging from one year in jail to fifteen years in prison. Sometimes defenses to a Forged…

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New York Martin Act: Does NY Gen. Bus. Law 352 & Related Sections Require an Intent to Defraud

The Martin Act, New York General Business Law 352 and related subsections, is the hammer in a prosecutor’s toolbox to investigate and prosecute securities fraud in New York State. The New York State Legislature passed this “blue sky law” to regulate fraudulent securities transactions and to provide the New York…

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Federal Computer Hacking (18 USC 1030) Is Not Always What It Seems: Client Gets Federal Misdemeanor and No Jail

Having the FBI knocking on your door at 6 in the morning can be the most frightening experience in your life.  They enter, start searching through your most personal belongings, take your papers, records, phone and computers and leave.  This is what happened to one of Saland Law’s recent clients…

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