New York Criminal Lawyer Blog

October 29, 2009

Manhattan Medicaid & Welfare Fraud Ring Gets a Dose of Law Enforcement: “Operation Free Ride” Nets 19 Individuals for $350,000 Medicaid Theft

If there is any easy way to make a buck off the health care system, someone is going to make a go for it even if their final prescription calls for an enormous dose of law enforcement. The Manhattan District Attorney’s Office just announced the arrest and indictment of 19 individuals (Linda Lai, Stephen Lai, Ibrahim Akdemir, Neil Akdemir, Jing Yao Wang, Zhao Ming, Kin Wai Kong, Wai Wen Mak, Steven Colucci, Sonia Mirizzi, Giulio Minella, Orsola Minella, Diana Downing, Brian Bomeiser, Gurbachan Dhami, Balijinder Kaur, Farhad Lahijani, Natakya Azarova and Eufrocina Caluag) for fraudulently obtaining medicaid benefits in the amount of $350,000. These individuals are charged with Welfare Fraud, Grand Larceny and Offering a False Instrument for Filing. 11 of the defendants allegedly misrepresented on paperwork that they were New Yorkers residing in Manhattan while 8 of the defendants allegedly misrepresented their income and financial resources. Without these misrepresentations, the defendants would not have been entitled to Medicaid.

Although the charges and degrees vary for each defendant, Grand Larceny in the Second Degree and Welfare Fraud in the Second Degree is a class C felony punishable by up to 5 to 15 years in state prison, Grand Larceny in the Third Degree and Welfare Fraud in the Third Degree is a class D felony punishable by up to 2 and 1/3 to 7 years in prison and Offering a False Instrument for Filing in the First Degree is a class E felony punishable by up to 1 and 1/3 to 4 years in state prison.

October 28, 2009

Bank of New York Melon Computer Tech Adeniyi Adeyemi Indicted for Identity Theft of 150 Employees and $1 Million Fraud

by Jeremy Saland

The Manhattan District Attorney’s Office issued a press release involving the arrest and indictment of Adeniyi Adeyemi, a computer technician employed by the Bank of New York Melon. The 138 count Identity Theft and Grand Larceny indictment accuses the defendant of stealing the identities of 150 bank employees while perpetrating a $1.1 million dollar fraud. The fraud and thefts were alleged to have transpired from 2001 through 2009.

It is alleged that the victims of these crimes were many co-workers of Mr. Adeyemi who worked in the information technology group of Bank of New York Melon. According to the Manhattan District Attorney’s Office, Mr. Adeyemi “opened over 30 bank and brokerage accounts in their identities with several financial institutions, including E*Trade, Fidelity, Citi, Wachovia, and Washington Mutual. These accounts served as dummy accounts for the purpose of receiving stolen funds. Mr. Adeyemi then stole money from the bank accounts of charities and non-profit organizations and funneled it into the dummy accounts, later withdrawing the stolen funds or transferring them to a second layer of dummy accounts.”

October 27, 2009

Robin Katz Pleads to Grand Larceny in Manhattan Court: Must Pay $110,000 in Restitution

by Jeremy Saland

Robin Katz, a money adviser at JP Morgan Chase, pleaded guilty earlier today to Grand Larceny after admitting she stole over $100,000 from a client. According to reports, her scheme involved creating an ATM card for the client’s account without his knowledge. At her sentencing, Ms. Katz will receive 5 years probation and be required to pay back her ill gotten gains by a specified date.

As a former Manhattan prosecutor who served under Robert Morgenthau in the same office that prosecuted Ms. Katz, I handled Fraud and Grand Larceny cases well into the multiple millions of dollars. As a criminal defense attorney I have represented clients in Grand Larceny crimes ranging from the tens of thousands of dollars to multiple millions of dollars. Even though I have handled cases on each side of the law, every case requires a unique defense. It is likely that the “paper trail” of evidence was overwhelming in Katz’s case and her approach to the case was to try to mitigate her crime. Was Ms. Katz dealing with substance abuse or mental health issues at the time she perpetrated the crime? Did Ms. Katz show remorse for her actions? What was her ability to repay back the victim and was he “on board” with the plea? All of these issues, and many more, were likely addressed and presented favorably to the District Attorney’s Office.

October 27, 2009

Perjury in New York: NY Penal Law Sections 210.05, 210.10 and 210.15

by Jeremy Saland

Perjury has become a part of everyday vernacular in New York and throughout the United States. Whether you sign something under “Penalty of Perjury” or you watch Law and Order, Perjury pops up everywhere. So, instead of rushing out to a criminal defense attorney after you have been charged, the following is a “primer” on the law of Perjury in the Third, Second and First Degrees (NY Penal Law Sections 210.05, 210.10 and 210.15) in New York: 210.05 Perjury in the Third Degree:

A person is guilty of Perjury in the Third Degree when he swears falsely.

October 27, 2009

Tampering with Public Records in the First and Second Degrees: A Criminal Defense Primer of New York Penal Sections 175.20 & 175.25

by Jeremy Saland

The New York criminal defense attorneys and former Manhattan prosecutors at Saland Law PC have vast experience both prosecuting and defending individuals accused of white collar crimes. While most of the crimes criminal defense lawyers handle in the white collar arena relate to Grand Larceny type offenses, the scope of white collar crimes in New York State and NYC goes well beyond large thefts. Today, I will address two of these offenses – Tampering with Public Records in the Second Degree (NY Penal Law 175.20) and Tampering with Public Records in the First Degree (NY Penal Law 175.25).

NY Penal Law 175.20, Tampering with Public Records in the Second Degree:

October 23, 2009

Your Right to Remain Silent and Your New York Criminal Defense: When Asking for an Attorney or Lawyer May be the Smartest Thing

by Jeremy Saland

I have routinely advised my clients that if they are questioned by the police they should always call me first. What may seem like innocent questioning may actually be the final steps of a law enforcement investigation that will leave them incarcerated for the foreseeable future. As former Manhattan prosecutors trained under Robert Morgenthau, my partner and I at Saland Law PC know how an admission by an accused can often be a nail hammered by a defendant into their own coffin.

We routinely file motions for our clients to obtain hearings to challenge the voluntariness of their statement to the police (this is called a Huntley Hearing). Yet, what role, if any, does sleeplessness or intoxication have on ones ability to voluntarily give a statement to the police even if you, the accused, believe you are giving a voluntary statement (did I lose you?!!?)? In other words, does sleeplessness or intoxication negate an otherwise voluntary admission?

October 19, 2009

New York Criminal Defense Firm on Twitter: DefenseLawyerNY

by Jeremy Saland

Saland Law PC, a Manhattan based criminal defense and complex civil litigation law firm, is now on Twitter. In addition to our blogs (updated at least once every four days), we will now keep our readers updated on New York legal decisions, provisions of New York’s Penal Law, case results and updates about our law firm.

Our Twitter page can be found here.

October 19, 2009

Criminal Diversion of Prescription Medication (NY Penal Law 178.10, 178.15, 178.20 and 178.25): Is the Defendant’s Own Statement Sufficient to Establish the Nature of the Prescription Drug?

by Jeremy Saland

A crime that has been on the rise as of late is the offense of Criminal Diversion of Prescription Medication pursuant to Article 178 of the New York Penal Law. While street level dealers are often involved in this crime, Criminal Diversion of Prescription Medication can arguably be viewed as the “white collar” crime of the narcotics world. Recently, in a case pending in Manhattan Supreme Court, a judge addressed the issue regarding the means by which the prosecution must establish the presence of a particular prescription medication. The question raised was whether or not it is sufficient to establish that a particular substance is a prescription medication if that fact is established solely by the statements of the accused and without further corroboration. In other words, has the prosecution met its burden by using the statements of a “seller” who says the drugs are a particular prescription medication without expert testimony or a laboratory report?

According to Judge Marcy Kahn, in People v. Khan, 3299/2008:

October 15, 2009

Breaking Down State Senator Hiram Monserrate’s Conviction of Reckless Misdemeanor Assault

by Jeremy Saland

A Queens County Supreme Court Judge acquitted Hiram Monserrate of felony Assault and convicted the embattled state senator of Assault in the Third Degree, a misdemeanor. More specifically, the judge found him guilty of New York Penal Law 120.00(2). According to the New York Penal Law, an individual is guilty of 120.00(2) when he or she recklessly causes physical injury to another person. This offense differs greatly from 120.00(1) which requires that a person intentionally causes physical injury to another person. Regardless of the theory of the case, anyone convicted of a misdemeanor Assault faces up to one year in jail. However, a judge has the discretion to sentence that person to no jail at all. While the court has not sentenced Senator Monserrate, a full order or protection was issued thereby preventing him to have any contact with the victim of his crime.

While I did not sit in the courtroom listening to the testimony, the decision rendered by the court does not surprise me. If Senator Monserrate had been convicted of the felony, the state would have been thrust into terrible turmoil and a horrendous stalemate. Removing Senator Monseratte from his seat would have resulted in 31-30 standoff in the state senate. Did this fact impact the court’s decision? Did the judge “split the baby” by finding Mr. Monserrate guilty of a crime, but a significantly lesser offense? Are we over analyzing his decision and, at bottom, the facts just did not support the People’s case?

October 15, 2009

Georgia Man Indicted for Posing as a Fake Attorney: Alleged to Have Pepetrated Immigration Scheme Against over a Dozen Clients in New York

by Jeremy Saland

It seems like “immigration fraud” and individuals purporting to be attorneys is the crime du jour in Manhattan and New York City lately. The most recent individual accused of a fraudulent immigration scheme is Wilmer Rivera Melendez. According to the Manhattan District Attorney’s Office, Mr. Melendez purported to provide immigration services to New Yorkers as an employee of W&R Immigration Services. Mr. Melendez claimed that W&R, an alleged non-profit organization located in Covington, Georgia, could assist people in immigration issues. It is even alleged that Mr. Melendez filed applications and petitions with the United States Citizenship and Immigration Service (USCIS) on behalf of undocumented individuals. These individuals were allegedly fooled into believing Mr. Melendez had practiced law for 20 years and, as a result, agreed to wire money into Mr. Melendez’s bank account.

According to the Manhattan District Attorney’s Office: