New York Criminal Lawyer Blog

July 16, 2009

Endangering the Welfare of a Child: Must Harmful Conduct Be Direct at the Child?

As a NY criminal defense attorney I have drafted numerous entries dealing with the crime of Endangering the Welfare of a Child. It is a serious crime with ramifications beyond the criminal law and a crime that people from all walks of life – from lawyers and physicians to construction workers and bus drivers – can face. Once again I am writing an entry on this crime. Only a few weeks ago, a noteworthy New York criminal court decision, and one you should be aware of, regarding Endangering the Welfare of a Child was handed down.

In People v. People v. Franklin Lora, 2008NY083374, decided March 26, 2009, the defendant, in the presence of his two children under the age of five, allegedly placed a gun to his wife’s head and threatened to kill her. The defendant’s attorney argued that the complaint against his client should be dismissed for facial insufficiency because the defendant’s conduct was directed at the wife and not the children. In other words, because the children merely were present and not part of the underlying crime that was the basis of the endangerment, the charge of Endangering the Welfare of a Child cannot stand.

July 14, 2009

UPDATE: Lawrence Salander and Leigh Morse Arrested and Indicted in Art Fraud Scheme

by Jeremy Saland

The Manhattan District Attorney’s Office has painted a very bad picture of Lawrence Salander, Leigh Morse and the Salander O’Reilly Galleries after they obtained a second indictment in connection with Mr. Salander’s alleged theft from and defrauding of the estates of numerous artists.

As I previously noted in the first two blog entries, Mr. Salander has already been arrested and indicted in connection to an 88 million dollar fraud. This second offense involves the alleged theft of an additional 5 million dollars from numerous estates. These estates had given their works of art to Mr. Salander and his gallery so that they could be sold or exhibited.

July 14, 2009

Lawrence Salander Faces New Indictment: Art Gallery Owner Alleged to have Perpetrated Multi-Million Dollar Fraud Scheme

by Jeremy Saland

Saland Law PC has learned that Lawrence Salander, the famous owner of a well know art gallery in Manhattan that was recently closed, faces new charges in association with an 88 million dollar fraud scheme. A Manhattan Grand Jury has already indicted Mr. Salander for Grand Larceny in the First Degree, Securities Fraud, Falsifying Business Records, Forgery and Criminal Possession of a Forged Instrument. Although it is unclear whether the new indictment is for separate and distinct crimes or for activities associated with the first indictment, Mr. Salander faces up to twenty five years in the first case. He is due back in Manhattan Supreme Court before Judge Obus on July 31, 2009.

The former Manhattan prosecutors and New York criminal defense attorneys at Saland Law PC will keep you informed as we learn more.

July 10, 2009

NY Drug Possession and Your Criminal Defense: Legal Possession of Drugs without Physical Possession

by Jeremy Saland

In New York State and New York City, you can be arrested, indicted and convicted for Criminal Possession of a Controlled Substance (drugs such as cocaine and heroin), Criminal Possession of a Weapon (firearms, guns, pistols and certain knives) as well as other charges even if you physically do not possess the contraband. At its simplest level, you need not possess in your hands or anywhere on your person the gun, drugs, etc. Under New York law, your possession may be “constructive.”

In People v. Lawrence Johnson, 2008NY091609, decided May 26, 2009, a New York County (Manhattan) Criminal Court issued a decision directly dealing with the legal concept of “constructive possession.” In that matter, the defendant was charged with Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law ､220.03), Criminally Using Drug Paraphernalia in the Second Degree (PL ､220.50[2]) and Unlawful Possession of Marihuana (PL､221.05).

July 9, 2009

Manhattan Lawyer Indicted Second Time: Marc A. Bernstein Accused of Stealing 1.5 Million from Clients

by Jeremy Saland

The Manhattan District Attorney’s Office announced last month the arrest and indictment of Marc A. Bernstein for Grand Larceny in the Second Degree as well a other charges for an alleged scheme where he stole over $600,000 from client escrow accounts. Well, unfortunately for Mr. Bernstein, the Manhattan District Attorney’s Office announced once again that he had been re-arrested (he was out of custody on $250,000 bail) and charged with multiple counts of Grand Larceny in the Second Degree for stealing $1,500,000 from five clients’ escrow accounts. In total, the alleged theft is approximately $2,200,000.

According to the Manhattan District Attorney’s Office:

July 9, 2009

Million Dollar Insurance Fraud Ring Busted: Cuomo Announces Enterprise Corruption Indictment of “The Levy Enterprise”

by Jeremy Saland

It seems like every day you open the newspaper some crew or group of individuals is either being arrested, investigated or indicted for Enterprise Corruption in New York City. Well, New York Attorney General Andrew Cuomo announced the indictment of 12 people and 9 corporations for Enterprise Corruption and other crimes. According to the Attorney General “The Levy Enterprise” paid hospital employees for confidential patient information, lured patients into receiving unnecessary treatment, and then submitted over a million dollars in phony personal injury claims to insurance carriers.

The 147 count indictment unsealed yesterday charges Daniel Levy, Dr. Hoi Yat Kam, Alex Levy, Desmond Connell, Daniel G. Madrid, Ronald J. Schwartz, Dr. Salvatore Lentini, Yan Yan Yu, Dr. Haroutyoun Tiikranian, Lai Fan Xue, Cheng He, and Dr. Aleksandra Gashinskaya, in varying capacities with Enterprise Corruption, Scheme to Defraud in the First Degree, Money Laundering in the Second Degree, Grand Larceny in the Third Degree, Insurance Fraud in the Third Degree, Falsifying Business Records in the First Degree and other charges. These men and women, some of whom are doctors and lawyers, face not only the potential sentence of 25 years in prison on the Enterprise Corruption and 4 years on the “lesser” charge of Falsifying Business Records, but also face the real risk of being disbarred from their particular practice areas. Mary Jimenez and Lloyd Modeste, both hospital employees, were charged with Bribe Receiving on a separate complaint, but do not appear to have been indicted by the Grand Jury.

July 8, 2009

NYC Mortgage Scheme Goes Subprime: AFG Financial Group and Thirteen Employees Charged with Enterprise Corruption, Grand Larceny and Scheme to Defraud for a 100 Million Dollar Theft

by Jeremy Saland

Saland Law PC a top white collar criminal defense firm, has learned that the Manhattan District Attorney’s Office has announced the indictment of thirteen individuals and a mortgage company in connection to a mortgage fraud scheme allegedly perpetrated in the New York City region over the past four years. Charged with Enterprise Corruption (PL 460.20), Grand Larceny in the First and Second Degrees (PL 155.42 and PL 155.40), Scheme to Defraud in the First Degree (PL 190.65) and Conspiracy in the Fifth Degree (PL 105.05), it is alleged that:

AFG Financial Group, Eugene Culbreath, Eric Shields, Matthew McDermott, Marc Zirogiannis, Kenneth Law, Kathleen Scanlon, Jerry Strklja, Marilyn Mateo, Darlita Bostic, Allyson Hinds, and Rajmohan Autar, in varying roles, “…located distressed residential real estate properties in New York City and surrounding counties. They then engaged in a fraudulent scheme to steal millions of dollars from lending banks in Manhattan and elsewhere using sham sales of those properties. The conspirators caused the banks to front millions of dollars to finance purchases of the properties. They then walked away with most of the cash, leaving behind over-valued properties and worthless mortgage papers.” The Manhattan District Attorney’s Office further claims that recruiters found straw buyers who would be paid to enter into a real estate transaction where they were informed that the true homeowner would benefit from they service. Moreover, the straw buyers were told they would receive further compensation. After the mortgages and transactions were completed, the straw buyers did not receive any compensation and were left with possession of the mortgages which they could not pay. As a result, not only did the straw buyers lose money, but their credit went drastically south.

July 6, 2009

Avoiding Bankruptcy: Saland Law PC Offers New Service – Credit Card Debt Reduction

by Jeremy Saland

Saland Law PC is pleased to announce that our attorneys and lawyers are offering a new service to clients. Instead of bankruptcy, we will help you re-negotiate your credit card debt to give you credit card debt relief. In doing so, we may be able to significantly reduce your credit card debt by stopping interest rates from compounding, cutting the principle owed to a manageable amount and obtaining a reasonable monthly payment that is affordable. Being in credit card debt does not mean that you must declare bankruptcy to save yourself from ruin and collection agencies. Call our attorneys today so we can help you get your life back on track. CreditCardDebtLawyers.Com

July 4, 2009

“Common Law” DWI in NY: Driving While Intoxicated – VTL 1192.3

by Jeremy Saland

It comes in different shapes and sizes – DWI (Driving While Intoxicated), DWAI (Driving While Ability Impaired) and DUI (Driving Under the Influence) – but regardless of the particular offense in New York (both NYC and Westchester), prosecutors and judges take these charges very seriously. As a former Manhattan prosecutor and as a criminal defense attorney at Saland Law PC, I have handled countless DWIs, DWAIs and DUIs whether they are charged as VTL 1192.1, VTL 1192.2, VTL 1192.2-a or VTL 1192.3. One particular question that I have heard asked in various forms is “how can I be charged with DWI if there is no breathalyzer or intoxilizer that indicates how much alcohol I had in my system?” The answer to this question is quite simple. As we call it in the criminal law field, a DWI without a chemical test result and one based on an officer’s observation is “Common Law” DWI.

Unlike VTL 1192.2 which requires a reading of alcohol in a person’s blood to be .08 of one per centum or more, a person is guilty of Driving While Intoxicated pursuant to “Common Law” VTL 1192.3 if they operate a motor vehicle while in an intoxicated condition. Well, if there is no reading or analysis, what does law enforcement hang it’s hat on to establish this crime? Very often the police cite certain characteristics of the accused across the board. The officers claim that that the accused had “water bloodshot eyes,” “slurred speech,” “the smell of alcohol on their breath,” and they were “unsteady.” Maybe the police allege that a person was asleep at the wheel, was driving erratically, or even threw up on themselves. One of the easiest ways they establish your lack of sobriety is based on the boneheaded mistake that people of all walks of life make when confronted by the police regardless of the accusation. That is, they make an admission. Something as simple as “I only had a few (or couple) of beers.” Well, if you didn’t present any of the characteristics mentioned above, but you stated you had a couple of beers, you probably just bought yourself a trip to the precinct and ultimately before a judge.

July 1, 2009

Hedge Fund COO Invests in Self: 3V Capital Management LLC’s Mark A. Focht Charged with Grand Larceny, Forgery and Falsifying Business Records

by Jeremy Saland

The Manhattan District Attorney’s Office announced the indictment earlier today of Mark A. Focht, the former Chief Operating Officer of 3V Capital Management LLC. It is alleged that Mr. Focht perpetrated the white collar crime of Grand Larceny in the Second Degree (PL 155.40) by stealing $250,000 from one of the funds that he managed. He is also charged with Forgery in the Second Degree (PL 170.10) and Falsifying Business Records (PL 175.10) in the First Degree for allegedly creating forged documents to both execute his thefts and to cover them up once he was done.

According to the Manhattan District Attorney’s Office’s press release: