New York Criminal Lawyer Blog

February 22, 2010

Brooklyn DA’s “Operation Bankroll” Leads to Four Arrests & Indictments in 18 Month Fraud Scheme Investigation

According to Brooklyn (Kings County) District Attorney Charles Hynes, Robert Delvicario, Lennox Johnson, Shanda Bruce and Thermine Remy, and three corporations, Adonis Abstract LLC, LBW Corporation, and Robo Capital Securities, Inc., have all been indicted by a Grand Jury for crimes including, Enterprise Corruption, Mortgage Fraud, Grand Larceny, Identity Theft, and Falsifying Business Records. Prosecutors began the investigation into the defendants after the unsolved 2008 murders of attorney Mark Schwartz and his wife Christina Petrowski.

According to the District Attorney’s Office, it is alleged that “between 2006 and 2009, the defendants participated in a series of financial and real estate scams in order to steal and launder money from the clients of Schwartz’ law firm, as well as clients of Adonis Abstract.” The total amount of these alleged frauds exceeded $1 million.

February 22, 2010

Driving While Intoxicated in New York (DWI & DUI): Probable Cause to Arrest for VTL 1192 When the Vehicle is Not in Motion

by Jeremy Saland

As a New York criminal defense attorney and former Manhattan prosecutor I have represented and prosecuted a significant amount of people for DWI / DUI crimes including Vehicle and Traffic Law (VTL) sections §1192.3, §1192.2 and §1192.1. On occasion, an accused asserts that they in fact were not “driving” the vehicle and, therefore, are not guilty of these offenses. While there may be merit to such a defense, where do courts stand on this issue not as a defense at trial, but as it relates to probable cause for the police to make the initial arrest? In other words, if you were merely warming up in the vehicle with the engine running, but not moving or “operating” it otherwise, would the police have probable cause to arrest you once they approached your vehicle, smelled the alcohol, etc.? While each case requires its own unique analysis, a Suffolk County District Court (a similar level court to a New York City Criminal Court that handles misdemeanors), recently addressed this issue.

In People v. Ciccone, 2008SU50102, the accused was charged with Operating a Motor Vehicle Under the Influence of Alcohol or Drugs in violation of New York State VTL §1192.3. In that case, the police officer observed the defendant’s vehicle on the shoulder of the road. When he approached, the officer observed the defendant sleeping in the driver’s side with the engine running. Knocking on the window, the officer smelled alcohol on the defendant’s breath once the window was lowered and the defendant woke up. After that, the officer observed numerous other signs of the accused’s alleged intoxication and ultimately arrested him.

February 19, 2010

Major Economic Crimes Bureau: Manhattan District Attorney’s Office Creates New Entity in the Investigation Division

by Jeremy Saland

Cyrus Vance, Jr., the District Attorney of New York County (Manhattan), has announced one of what will likely be numerous changes to the office run by Robert Morgenthau since the early 1970s. According to a press release issued by the Manhattan District Attorney’s Office, District Attorney Vance has created the Major Economic Crimes Bureau. In doing so, the Manhattan District Attorney’s Office is combining both the Frauds Bureau and Investigation Division Central (IDC). Richard Weber, currently the Chief of the Asset Forfeiture and Money Laundering Section (AFMLS) of the United States Department of Justice, will be the lead prosecutor and chief of the newly created bureau.

Both the Frauds Bureau and IDC, formerly called DANY (District Attorney New York) Over Seas, is staffed by exceptionally experienced and seasoned prosecutors. Although IDC has had more involvement in international crimes and has had some of the largest settlements and forfeitures in recent history, both of these bureaus already were at the forefront of white collar prosecutions. Now, the Major Economic Crimes Bureau will specialize in prosecutions relating to securities, commodities, and investment fraud, mortgage fraud and financial institution fraud commercial, bribery and kickbacks, bank fraud, structured investment schemes, internet fraud, international money laundering and terror financing.

February 16, 2010

DA: Stockbroker Pads Resume and Portfolio – Former Maxim “Partner” Fools Merrill Lynch for $780,000

by Jeremy Saland

Manhattan District Attorney Cyrus Vance, Jr. announced the arrest and indictment of Steven Mandala, a former stockbroker with the Maxim Group and Merrill Lynch. According to the District Attorney’s Office, Mr. Mandala stole $780,000 from Merill Lynch after he allegedly told Merrill Lynch that he was not only a partner at Maxim Group (he was merely an employee stockbroker making $100,000), but that he was in charge of managing $300 million of clients’ assets. As a result of his work with Maxim Group, prosecutors allege that Mr. Mandala claimed he generated $1.5 million in revenue. Due to Mr. Mandala’s claims, alleged “improvements” to his resume, and his assertion he was compensated in the neighborhood of $765,000 a year by Maxim Group, Merrill Lynch hired the stockbroker and advanced Mr. Mandala $780,000. As a result of his chicanery, which was somewhat less successful, Mr. Mandala was charged with Grand Larceny in the Second Degree, Money Laundering in the Second Degree, Identity Theft in the First Degree, Criminal Possession of a Forged Instrument in the Second Degree and Falsifying Business Records in the First Degree.

Despite Mr. Mandala’s alleged claims that he managed $300 million and generated $1.5 million in revenue, it is alleged that Mr. Mandala not only rarely went to work, but that he brought in only $20,000 in new business. During he approximately two months as an employee at Merrill Lynch, it is alleged by prosecutors that Mr. Mandala deposited the $780,000 into his parents’ account and purchased a Ferrari under his father’s name. Mr. Mandala’s employment came to an end when he allegedly sent an email to Merrill Lynch indicating that he was not only resigning, but that all his personal effects should be discarded.

February 16, 2010

Credit Card Theft & Fraud – New York Penal Law 155.30(4) & 165.45(2): Stealing or Possessing a Stolen Credit Card or Debit Card is an Automatic Felony in NY

by Jeremy Saland

It is very easy in New York State to compound a bad mistake and inadvertently roll it into a felony case. To find an example of this, one needs to look no further than the Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(4) and Criminal Possession of Stolen Property in the Fourth Degree pursuant to New York Penal Law 165.45(2). These two statutes address the theft and possession of stolen debit and credit cards and are “E” felonies punishable by up to four years in state prison.

Grand Larceny in the Fourth Degree, New York Penal Law 155.30(4):

February 12, 2010

New York’s Assault in the Second Degree & Your Criminal Defense: How Prosecutors Can “Bump Up” Assault in the Third Degree (NY PL120.00) to a Felony of Assault in the Second Degree (NY PL120.05(2))

by Jeremy Saland

Criminal defense attorneys and lawyers throughout New York City regularly deal with the various crimes relating to and degrees of Assault found in Article 120 of the Penal Law. The most common, Assault in the Third Degree ( New York Penal Law 120.00), is a misdemeanor offense punishable by up to one year in jail. A more serious crime, Assault in the Second Degree (New York Penal Law 120.05), is a felony offense punishable by up to seven years in state prison. Although it will be discussed further below, one of the more common reasons why an intentional misdemeanor Assault in the Third Degree is “elevated” to a felony Assault in the Second Degree is because a “dangerous instrument” is used during the commission of the lesser crime. While there are various legal reasons to raise the level of the crime, where that basis is the use of a “dangerous instrument,” the actual injury inflicted for the misdemeanor and felony level crime is no different. As will be explained below, if you punch someone in the eye and give him a black eye that swells shut you may face the misdemeanor crime. If you do the same thing, but use the heel of your shoe, a baseball bat or even the door of your car, your crime may be elevated to a felony because your use of a “dangerous instrument.” With this in mind, I will first deal with the applicable definitions of the crimes of Assault in the Third and Second Degrees as well as what constitutes a “dangerous instrument.” Once that is done, I will address a few court decisions that have addressed when an instrument is considered “dangerous” under the law and, as a result, and individual had his or her misdemeanor Assault charge raised to a felony offense.

NY PL 120.00(1) – Assault in the Third Degree

February 8, 2010

New York Penal Law 220.03 – Criminal Possession of a Controlled Substance in the Seventh Degree & Your Criminal Defense: Does Quantity of the Drug Matter?

by Jeremy Saland

Whether you are issued a Desk Appearance Ticket (DAT) or you have been arrested in Manhattan, Brooklyn or anywhere else in New York, if you possess a controlled substance you may be charged with New York Penal Law section 220.03. This offense, Criminal Possession of a Controlled Substance in the 7th Degree, is an “A” misdemeanor punishable by up to one year in jail and applies to such drugs as cocaine, crack-cocaine, heroin, extacy, oxycodone, etc. Make no mistake. If convicted of NY PL 220.03, you will have a criminal record that will not just go away. Even a plea to a Disorderly Conduct (NY PL 240.20 – a common offer in misdemeanor drug cases) can have real life ramifications years down the road.

Criminal Possession of a Controlled Substance in the Seventh Degree, NY PL 220.03, is defined as follows:

February 5, 2010

Unlawful Possession of Personal Identification Information (NY PL 190.81, 190.82 & 190.83) & Your Criminal Defense: Does New York Law Require the Use of the Personal Information?

by Jeremy Saland

You have been arrested with a print out of checking account numbers or a list of maiden names of ten different people. Although it is crumpled up in your wallet, you had not actually used the information or attempted to use that information. Well, is the mere possession of that personal information a violation of New York Penal Law Section 190.81, Unlawful Possession of Personal Identification Information?

Pursuant to NY PL 190.81, Unlawful Possession of Personal Identification Information:

February 3, 2010

New York Jail Chaplin Arrested After Allegedly Trying to Bring More Than His Prayers & Well Wishes to Prisoners

by Jeremy Saland

Imam Zul-Qarnain Shahid, a New York City Jails Chaplin, was arrested yesterday after x-rays allegedly revealed he had three razors and a pair of scissors on his person when he attempted to enter a New York City Department of Corrections jail in lower Manhattan. Upon setting off an alarm, corrections officers allegedly recovered the razors and scissors from a bag held by Imam Sahid. There is no public information at this time whether or not he was scheduled to see a particular prisoner or prisoners. As a result of this alleged incident, law enforcement officials state that he is charged with Promoting Prison Contraband in the First Degree pursuant to New York Penal Law 205.25.

New York Penal Law 205.25(1) sets forth this crime as follows:

February 2, 2010

Man Allegedly Pummels Yorkie & Charged with Aggravated Animal Cruelty: Dog Sustains Six Fractured Ribs and Loss of Left Eye

by Jeremy Saland

According to reports, Joseph Graves, the boyfriend of Broadway actress Ashley Yeater, allegedly beat his girlfriend’s yorkshire terrier with a belt buckle. It is further alleged that Mr. Graves admitted to striking the dog when investigators confronted him. Although the case has not been presented to a New York County (Manhattan) Grand Jury, Mr. Graves was arrested and charged with the “E” felony of Aggravated Animal Cruelty pursuant to Agriculture and Markets Law section 353 (AML 353). If convicted, Mr. Graves faces up to 1 and 1/3 to 4 years in state prison although a mandatory term of incarceration is not required by law.

Not only is Mr. Graves accused of striking and injuring the featherweight animal, but the ASPCA’s Joseph Pentangelo stated that he did not seek medical attention for the six pound dog until two days after the alleged incident.