New York Criminal Lawyer Blog

June 7, 2010

Criminal Possession of a Forged Instrument: A Legal Presumption in New York That May Impact Your Criminal Defense (NY PL 170.27)

If you possess a fake, fraudulent or forged credit card, you may be charged with a “D” felony in New York in violation of New York Penal Law 170.25, Criminal Possession of a Forged Instrument in the Second Degree. It makes no difference whether the credit card is completely fake, has altered names on it, incorrect information on the magnetic strip or is fraudulent in many other ways. In fact, depending on how the credit card is manipulated, you may also face numerous other felonies including, but not limited to, Identity Theft in the First Degree and Criminal Possession of Stolen Property in the Fourth Degree. These crimes are “D” and “E” felonies punishable by up to seven and four years in state prison respectively.

A common defense to the charge of possessing a forged credit card asserted by the accused is that they were not using the alleged fake credit card. Even if they were using the forged credit card, the accused may argue that they were unaware that the credit card was in fact a forged instrument (fake). While this may be a viable defense, prosecutors won’t merely roll over. Certainly, it is the prosecution’s burden to prove your knowledge and intent (Criminal Possession of a Forged Instrument requires your intent to defraud or deceive another), but is there anything in their legal arsenal that may assist them in proving that you knew that the credit or debit card was in fact forged despite your claim?

June 2, 2010

Cuomo’s Boys Bust Alleged Medicaid Fraud Ring in NYC: Dental Practices Accused of Bilking State Out of $5.7 Million

by Jeremy Saland

Grabbing yet another headline, Attorney General Andrew Cuomo announced the indictment of four individuals and numerous companies for their involvement in an alleged Medicaid Fraud Scheme to the tune of $5.7 million. According to Attorney General Cuomo, three men, David Ibragimov, his son Arthur Ibragimov and his son-in-law Mikhail Isakov, operated three dental clinics in New York City (Bronx, Brooklyn and Queens). Although they owned these establishments, the men were not dentists and, if true, were not permitted to own those dental clinics.

It is alleged that these men had arrangements with dentists that they hired. This deal was that the dentists must pay the men’s companies – AN International LLC, MA Concord LLC and MB Globus LLC – two thirds of the revenues received through Medicaid. Compounding matters, it is alleged that “flyer boys,” the term us for recruiters, brought Medicaid patients to the clinic for treatment that was unecessary. In return, it is alleged that the “flyer boys” were compensated as well as the patient. It is alleged that not only did these patients receive cash and unecessary procedures, but sometimes they were paid with electronics such as CD players as well as coupons for McDonalds. It is alleged by the Attorney General that the defendants were so zealous that they pushed the dentists in their clinics to force “Medicaid recipients to agree to being fitted for dentures the same day their teeth were extracted and before their gums could heal.”

June 1, 2010

Criminal Possession of a Weapon in the Second Degree: New York Criminal Defense Attorneys Get Another Top Result in Queens Airport Gun Case

by Jeremy Saland

The New York criminal defense lawyers and former Manhattan prosecutors at Saland Law PC are pleased to announce another victory for a client charged with Criminal Possession of a Weapon in the Second Degree for possessing a “loaded” firearm at John F. Kennedy (JFK) Airport in Queens. Although our client, a Florida teacher, was charged with New York Penal Law 265.03 and faced a mandatory minimum term of 3.5 years in prison if convicted of that felony, Saland Law PC secured a disposition where he pleaded to Disorderly Conduct pursuant to New York Penal Law 240.20. Not only did his plea to this violation avoid incarceration, probation or community service, the plea did not give our client a criminal record at all.

Unfortunately, many honest people who lack any criminal intent are swept into the New York criminal justice system for possessing firearms (pistols, hand guns, revolvers, etc.) without a proper permit to do so. Unwittingly, these people visit New York with the firearm thinking that it is “OK” to possess it in New York City because the have a license or permit to have that firearm in their home state. Often times, when they return home through a New York area airport such as LaGuardia and JFK in Queens, they check the firearm and end up getting arrested. Compounding matters, the firearm is legally loaded, albeit not physically, because the ammunition or bullets are in the hard case along with the gun. The message here is clear. Do not bring your firearm to New York unless you have the proper license(s) in New York State and New York City to do so.

May 28, 2010

Entrapment in New York: NY Penal Law Section 40.05 & Your Criminal Defense

by Jeremy Saland

New York criminal defense attorneys routinely hear it from their clients. “I was framed” or “I was entrapped.” While often times a New York criminal defense lawyer can dissect and locate errors in the investigation, arrest procedure or paperwork of a criminal case, establishing that a client is the victim of entrapment, as a matter of law, is not as easy. In fact, entrapment is specifically defined in the New York Penal Law (NY PL 40.05) and is far more complex than the “they made me do it” or “they pushed me into it” defense. That beings said, if you can establish that you violated a particular criminal statute in New York due to this entrapment, an affirmative defense to the charges exists. What is Entrapment – New York Penal Law 40.05

Although not a verbatim cut and paste of the actual statute and not a substitute for a reading of it and discussion with your legal counsel, entrapment is defined as follows:

May 24, 2010

Possessing Counterfeit Money & Currency in New York State: Criminal Possession of a Forged Instrument in the First Degree (NY PL 170.30) & Your NY Criminal Defense

by Jeremy Saland

You go into a restaurant in Manhattan or store in Brooklyn and pay with cash. It turns out, one of the $20 or $100 dollar bills is fake and a forgery. In the alternative, you are arrested for an unrelated charge in Queens and when you are searched, the police recover numerous counterfeit $50 dollar bills. Unfortunately, you find yourself under arrest and charged with a crime and in need of a New York criminal defense lawyer experienced in counterfeit money crimes, Forgery and Criminal Possession of a Forged Instrument. As you wrap your head around the turn of events you begin to wonder about the crimes you may now face, what the potential punishments are and what are your defenses.

New York Crimes for Possessing Counterfeit Money

May 20, 2010

Promoting Gambling in NY (NY PL 225.05 & 225.10): Who Can be Charged with New York Penal Law 225.05 and 225.10

by Jeremy Saland

In the first entry in the New York Gambling Crimes series, I addressed the crime of Promoting Gambling in New York (Manhattan, Brooklyn, Queens, Bronx, Westchester or any other County in New York State) as well as the dry, yet important, definitions underlying this and other gambling statutes. Today’s entry addresses some cases that will help you further understand this offense and understand Promoting Gambling and related crimes from the perspective of a New York criminal defense attorney. More specifically, this entry will address who can be charged with Promoting Gambling pursuant to New York Penal Law sections 225.05 and 225.10.

To start things off, one cannot be charged with the crime of Promoting Gambling if one is merely a participant in that gambling. The Court of Appeals, New York’s highest court, recently affirmed that position in the Matter of Victor M., 9 N.Y.3d 84, 845 N.Y.S.2d 771, 876 N.E.2d 1187 (2007). In that case, the Court found that a player in a game of dice (it could have been any other game for the purpose of this conclusion) could not be charged with this offense because merely as a player, that person did not advance or profit from the unlawful gambling activity. One has to look no further than New York Penal Law 225.00(4) and (5) for corroboration in the statute itself to support the Court of Appeals’ determination. Keep in mind, that the terms “advance” and “profit” are both specifically defined in the statute.

May 17, 2010

New York Criminal Defense & Grand Larceny Resource Page: Education is a Cornerstone to Any Criminal Defense

by Jeremy Saland

The New York criminal defense attorneys at Saland Law PC are pleased to announce that we recently expanded the New York White Collar Crime section of our website. While each case requires its own analysis and the information on the website and blog should not be used as advice, the New York criminal defense lawyers and former Manhattan prosecutors at Saland Law PC view the detailed New York Grand Larceny section and accompanying blog as a top source for information on New York theft and larceny crimes. Whether you are investigated or arrested in Manhattan for Grand Larceny by Embezzlement, Brooklyn for Grand Larceny by Extortion, Westchester for Grand Larceny of a Credit Card or Debit Card, the Bronx for Grand Larceny of a Vehicle, Queens for Grand Larceny of a Firearm or any other form of Grand Larceny (NY PL 155.30, 155.35, 155.40 or 155.42) in New York, the information contained in these sections are for your review. Certainly one’s best defense to a charge of Grand Larceny is never getting involved in the crime in the first place, but educating one’s self on the law of Grand Larceny so one can understand the nuances, degrees and punishment for the crime is also invaluable.

If you have been accused of or are being investigated for Grand Larceny anywhere in New York City or the metropolitan area, please review the New York Grand Larceny section found under the White Collar Crime topic area of Saland Law PC’s website at new-york-lawyers.org. Additionally, please review NewYorkCriminalLawyerblog.Com and search for Grand Larceny or review the NY Theft Offense, NY White Collar Crime and the NY Fraud Related Offenses sections of the blog. For further information on the types of Grand Larceny cases handled by Saland Law PC and the Grand Larceny results, please review the Case Results section of the website.

May 13, 2010

Queens DA: $3 Million Mortgage Fraud Scheme Nets 17 Arrests Including 2 Attorneys

by Jeremy Saland

Manhattan, home to Wall Street and other global institutions, has always viewed itself as the center of the financial universe in terms of growth, management and even fraud. Once again, however, the Queens County District Attorney’s Office may have taken a larger share of the “fraud pie.” According to the Queens District Attorney’s Office press release, 17 people, including two attorneys, have been arrested in a Mortgage Fraud and Grand Larceny scheme were 26 residential properties, valued at nearly $13 million, were used to defraud legitimate homeowners and lending institutions out of $3 million.

According to District Attorney Brown:

May 12, 2010

No Pre-Summer Party in the Hamptons: DA Announces Bust of East End Heroin Ring

by Jeremy Saland

To the likely chagrin of the hard partying summer Hamptons crowd, Suffolk County District Attorney Thomas Spota is already cracking down on the “fun” before the season has even started. District Attorney Spota has announced that twenty people have been arrested in a heroin ring in and around the East End of Suffolk County. It is alleged that as much as 2500 bags of heroin with a street value of $40,000 were being sold each week since the investigation began in October. Reports indicate that the bust was one of or the largest heroin drug rings ever taken down in the area. It is alleged that the crew made over two million dollars a year peddling heroin with names including “google,” “black ice,” “quicksand” and “privilege.”

According to law enforcement and local reports, 40 bags of heroin, 5.6 ounces of crack cocaine and more than $70,000 in cash was recovered from the home of Shawn Badgett when police executed a search warrant. Compounding matters, it is alleged at the time of the execution, Mr. Badgett was displaying his best Martha Stewart and Rachael Ray. However, instead of cooking a delectable treat, it is alleged that he was cooking cocaine.

May 11, 2010

NY Post: NYPD Lab Technician Suspended for Potential Improper Testing of Drugs in NY Criminal Cases

by Jeremy Saland

According to the New York Post, Manhattan District Attorney, Cyrus Vance, Jr. and his fellow chief prosecutors throughout New York City may have a problem on their hands. Mariem Megalla, an NYPD civilian lab technician, has been suspended by the NYPD from her job testing drugs and narcotics recovered by the police. Technicians such as Ms. Megalla are relied on by prosecutors from all of the New York City offices in pursuing criminal charges against those who possess or sell drugs and other controlled substances. Only time will tell whether the investigation reveals that Ms. Megalla did no wrong, was sloppy or perpetrated an intentional fraud. Having said that, one thing is certain. Right now, if the New York Post story is accurate, there could be numerous people charged with possessing or selling drugs in New York who should be contacting their criminal defense attorneys to ascertain whether or not Ms. Megalla tested the alleged controlled substances in their criminal cases.