Articles Posted in White Collar Crimes

Not every criminal lawyer in New York is an Extortion lawyer or Blackmail attorney. You can be well versed in the New York Penal Law, but not be familiar or have experience with the numerous subsections and theories of a Grand Larceny Extortion case. Fortunately for a Crotty Saland PC client, knowledge, experience and advocacy paid off in what on its face appeared to be a clear-cut violation of New York Penal Law 155.30(6) and other crimes.

After a night of consuming alcohol, our client was alleged to have demanded thousands of dollar from a fellow reveler encountered the night before. More than a mere inconsequential meeting, our client woke in the bed of this man having no recollection of coming home with him. Upon learning that the two had intercourse, our client became extremely alarmed and insisted any sex was without consent. While it was likely indisputable that our client lacked the ability to consent, our client allegedly made a grave mistake and demanded multiple thousands of dollars from the man or our client would report the crime to the NYPD. Ultimately cutting our client a check, our client left and only reported the incident after the check did not clear. At the same time, the man filed a complaint for Extortion.

Am I the victim of Extortion? Am I being Blackmailed? How are these crimes different than Coercion? I know someone is preying on me and making demands, but what, if any, crime has this person committed? To answer these questions lets examine the following scenarios.

I’m being threatened over some pictures my ex got a hold of. If I don’t pay him he will send them to my employer, landlord and friends on Instagram. I’m being threatened over a compromising video my ex secured without my permission, but instead of wanting money she says that if I don’t tell my family that I’ve done something wrong or admit to my boss I’ve used drugs, she will share it with these same people.

While the above hypotheticals may seem very similar, very similar and the same are quite different. In the eyes of the New York Penal Law, criminal defense lawyers, prosecutors and judges, the above two scenarios are the foundation of two distinct and separate crimes – Grand Larceny Extortion (Blackmail) and Coercion respectively.

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The New York State Department of Motor Vehicles (DMV) has facial recognition technology that is both sophisticated and widely utilized. DMV Investigators, somewhat similar to an NYPD Detective, use face recognition technology in conjunction with old fashion investigatory skills to review applications for New York State Drivers Licenses to determine whether an applicant has previously applied for and received a drivers license under a fake name or alias. Further, the DMV investigators look to see whether an applicant has old and outstanding summonses or suspensions on his or her license. So, what is it that you expose yourself to when making certain misrepresentations at the DMV? What felony and misdemeanor crimes are you exposed to and what should you discuss with your criminal defense attorney to navigate an arrest should it occur?

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Advocating effectively is not as easy as it seems. Understanding the criminal justice system in a practical sense takes experience. Doing your homework on your client’s criminal case to put him or her in the best position to resolve that case favorably takes diligence. The end result, however, can be well worth all the work for both the accused and the criminal defense attorney who secured justice. In fact, for a few recent Crotty Saland PC clients, what were originally nightmarish experiences ended in closed cases, non-criminal dispositions and outright dismissals.

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Many people believe that if you need a top criminal defense attorney, or any for that matter, you are clearly guilty of something. Whether that belief is misguided is fairly irrelevant, of course, until it is you who needs a criminal defense lawyer. That said, there are very few things in life as debilitating and emotionally destructive as being accused of a crime you did not commit. Maybe you did something morally wrong or maybe you did nothing improper at all, but law enforcement, such as the NYPD and the District Attorney, or a complainant incorrectly interpreted your acts or intent. Yes, where there is smoke there is often fire, but life teaches us that this is by no means a given truth.

You, the accused, have rights and the prosecution must prove their case beyond a reasonable doubt. Their failure or inability to do so means your case should be dismissed. For a recent Crotty Saland PC client employed in the banking and financial sector, a dismissal of all charges, including felony Third Degree Grand Larceny, is just how the criminal case ended not merely because our client was innocent, but due to advocacy of those same criminal defense attorneys many of us believe only represent the guilty.

blackmaol-300x208At first she demands a few hundred or even a couple of thousands of dollars. Maybe he tells you he just needs some money because of an emergency, but you know what’s coming. You’re not naive. You can see the writing on the wall. Blackmail. Extortion. Coercion. Harassment. You say to yourself, “I am being blackmailed. I am being extorted. Do I hire an attorney to get my blackmailer to stop? Is there any alternative to stop an extorter other than the police? How do I best keep all of this a secret and not expose my affair, drug use, business fraud or other wrongdoing whether it is my victimizer is telling the truth or concocting a completely bogus story?” While each situation demands a different analysis as to the pros and cons of protecting yourself through the assistance of law enforcement or an attorney and private investigator, the moment you have handed over even one dollar to your blackmailer, he or she has committed the felony of Grand Larceny Extortion. That crime, Fourth Degree Grand Larceny, New York Penal Law 155.30(6), is a class “E” felony with a potential sentence of up to four years in prison. If your extorter threatens violence and some physical injury or to damage your property, the offense jumps to a class “C” felony of Second Degree Grand Larceny, New York Penal Law 155.40(2). Again, irrespective of the amount actually secured from you or the nature of the property, this offense is punishable by as much as fifteen years in prison.

As important as it is to know the consequences of your victimizer’s actions, it does not answer the question as to what you should do. Do nothing and hope that it will stop? File a complaint with the police? Hire an attorney to stop your extorter in his or her tracks? While the first of these options is not much of an option at all, the New York Daily News’ story on Crotty Saland’s PC’s “Busting Blackmailers” puts one option front and center.

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Any attorney who claims that white collar crimes are not as serious as those involving violence is a lawyer who likely has neither the knowledge nor experience how thefts, larcenies, frauds and other schemes are investigated and prosecuted in New York City or elsewhere in the Hudson Valley. While a theft crime for Embezzlement, Extortion, or another related offense may not require mandatory prison and incarceration upon conviction in most circumstances for first time offenders, the practical reality is that a sentence “upstate” is far from atypical. Even those who don’t face a sentence of this magnitude recognize that a felony conviction will forever tarnish their name, follow them throughout their lives and careers, and end never be expunged. Want to work in the financial sector, public sector, as a teacher, lawyer, physician, accountant, nurse or merely have a professional career? It will be a long time before you ever, if you can, run away from a conviction. Fortunately for a recent Crotty Saland PC client charged with Second Degree Grand Larceny, New York Penal Law 155.40(1), Fourth Degree Criminal Possession of Stolen Property, New York Penal Law 165.45(1), and Fourth Degree Grand Larceny, New York Penal Law 155.30(4), an adjournment in contemplation of dismissal will remove one of the most horrific experiences of our client’s life within six months.

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Don’t shoplift or don’t get caught may be the best advice anyone – criminal lawyer or not – can give to someone who plans on shoplifting or even wants that angel on his or her shoulder when that spur of the moment pang kicks in. While the former is a far better choice, the reality of the world is that many people do shoplift and countless numbers of those people get arrested and prosecuted for crimes. Whether you are a foreign national with an H-1B or an F-1 visa, a financial services provider regulated by FINRA, an accountant, lawyer, teacher, nurse, bartender, construction worker, student or stay-at-home-mom, the charges you will likely face are the same. Certainly, destroying merchandise by tearing off security devices, changing tags, or being part of a larger crew may impact the ultimate charges you face or tenacity of the District Attorney’s Office in pursuing those charges, but assuming the value of the items stolen is $1,000 or less then the two likely crimes are Petit Larceny, NY PL 155.25, and Fifth Degree Criminal Possession of Stolen Property, NY PL 165.40. This blog entry will address these potential shoplifting offenses and arrests at both The Westchester and Galleria Mall in White Plains, New York.

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The Palisades Mall in West Nyack, Rockland County, is one of the area’s premier shopping centers. But having high end stores selling expensive merchandise does lend itself to a fair share of problems. Yes, the costs of some items may be prohibitive, but the bigger issues is when someone decides that while at the Palisades Mall they are going to shoplift and steal from The Home Depot, Modell’s, Gap, Staples, DSW or any of its dozens of stores. Depending on the nature of the theft, and remember you do not need to leave the store or the mall itself to be arrested for shoplifting, and the value of the property you attempt to steal, an accused shoplifter can face either misdemeanor or felony charges. These crimes range from Petit Larceny to Grand Larceny as well as the “sister” crimes of Criminal Possession of Stolen Property. This blog entry will address shoplifting Crimes in Rockland’s County’s Palisades Mall, prosecution for these crimes in Clarkstown Justice Court and the potential offenses that can land an alleged shoplifter ultimately in Rockland County Court.

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Black jack is fun. At least, I enjoy it…in Las Vegas. Some people like to play poker. Others simply put money – big and small dollars – on NFL, NHL, NBA and MLB games. Toss in college sports, there is no shortage of gambling opportunities. While some jurisdictions allow or permit gambling, others simply do not. In New York State there are many criminal statutes in the New York Penal Law that are both felonies and misdemeanors. Simply, New York State regulates, enforces and prosecutes illegal gambling. Vegas New, York City is not.  One of the offenses prosecuted by local District Attorneys is Second Degree Promoting Gambling, New York Penal Law 225.05. This class “A” misdemeanor is punishable by as much as one year in jail. A person is guilty of PL 225.05 if he or she knowingly advances or profits from an unlawful gambling activity. What makes this crime a felony of First Degree Promoting Gambling, New York Penal Law 225.10, is that the accused either engages in bookmaking by accepting at least six bets with a total value in excess of $5,000.00 in one day or receives money or written records from another person who is not a player who’s playing or chances are reflected by these records or monies or this person receives more than five hundred dollars of money being played in any given day. A long run on type sentence? Maybe, but that is the law in the State of New York that you and your criminal defense attorney will face when or if you are charged with Either First or Second Degree Promoting Gambling. For the purpose of clarity so you can better understand the crime or crimes, this blog entry will address what it means to advance from an unlawful gambling activity.

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