New York Criminal Lawyer Blog

March 2, 2009

Criminal Defense & Credit Card Fraud: Forgery, Identity Theft and Other Criminal Offenses – Part I

If you are accused of credit fraud in New York, be prepared to spend a significant time with your criminal defense attorney so he or she can outline the potential criminal charges and consequences you may face. The list of crimes is vast…Identity Theft, Forgery, Criminal Possession of a Forged Instrument, Grand Larceny, Falsifying Business Records and many more. As a a former Manhattan prosecutor who was one of the original members of the Identity Theft Unit when the unit was first created, I can tell you that the the crimes relating to credit card fraud are actively and aggressively being pursued every day by members of both state and federal law enforcement.

Credit card fraud comes in various “shapes” and “sizes.” From the possession of a stolen credit card or a fake credit card to the use of a credit card that has already been revoked. Depending on whether the credit card is used or attempted to be used, the crimes that may be charged can spiral further into major felonies with serious terms of imprisonment.

February 27, 2009

End of an Era: Manhattan DA Robert Morgenthau Announces Retirement

by Jeremy Saland

According to many reports, Manhattan District Attorney Robert Morgenthau is not seeking re-election this fall as the chief prosecutor in NY County. Respected and admired by fellow prosecutors, criminal defense attorneys and members of the judiciary, Mr. Morgenthau has served as the District Attorney for 35 years. Prior to serving as the District Attorney, Mr. Morgenthau was the US Attorney for the Southern District of New York.

Mr. Morgenthau comes from a family dedicated to public service. His father, Henry Morgenthau, Jr. was Secretary of the Treasury and his grandfather, Henry Morgenthau, Sr. was United States Ambassador to the Ottoman Empire during World War I.

February 27, 2009

Criminal Defense Victory and Dismissal: Every Case – “Big” or “Small” – Requires Undivided Attention

by Jeremy Saland

The New York criminal defense attorneys at Saland Law PC take each and every criminal case seriously whether the case involves a misdemeanor charge of Harassment or a felony charge of Grand Larceny. Our results speak for themselves. We recognize that regardless of how “small” the case may appear to be in the scheme of the entire criminal justice system, to the accused and our criminal defense attorneys, each case is priority matter.

Recently, the attorneys at Saland Law achieved what may appear to be a small victory, but one that was hard fought over a period of months. Our client, a former employee at a one of the world’s largest media companies, was accused of Prostitution as a “high end girl.” After drafting a memorandum similar to a Clayton motion bearing out why the District Attorney’s Office should offer a disposition different than the standard offer, the prosecutor assigned to the case agreed to offer such a disposition. However, although our client accepted the offer, upon going to court to accept the plea someone other than the assigned prosecutor changed the offer. A supervisor refused to make the original offer despite the previous agreement. Therefore, our client was unable to obtain the agreed upon disposition and the case was adjourned.

February 25, 2009

Criminal Defense of a Theft: NY Court Dismisses Grand Larceny and Scheme to Defraud in Connection to Lien Law

by Jeremy Saland

Whether you are alleged to have committed a Grand Larceny theft in excess of $50,000 or a Petit Larceny shoplifting, your NY White Collar criminal defense attorney knows that if the prosecution does not establish each element of the crime, the case should be dismissed. Recently, a New York State Supreme Court Justice in Nassau County followed this rule when it dismissed four counts of Grand Larceny and one count of Scheme to Defraud against a defendant in connection to New York State’s Lien Law.

In People v. Bryan Hateau , 2492N-2008, the defendant had received checks from his clients, homeowners, that he deposited legally in his business account. Those monies were held in trust funds and were to be forwarded on behalf of various clients within 31 days to sub-contractors. The evidence before the Grand Jury established that this was not done. Unfortunately for the prosecution, the evidence before the Grand Jury did not establish that the defendant misappropriated those funds.

February 21, 2009

Marijuana & Criminally Using Drug Paraphernalia: Marihuana May Not be Applicable to Paraphernalia Crimes in New York

by Jeremy Saland

NY criminal defense attorneys and their clients should take notice. Recently, New York County (Manhattan) Criminal Court Judge Elisa S. Koenderman rendered a decision in People v. Carlos Rivera, 2008NY031540, finding that it is not sufficient to support a charge of Criminally Using Drug Paraphernalia in the Second Degree (New York Penal Law 220.50[2]) where the drug in question is marijuana. In other words, the criminal intent must relate to narcotics or stimulants. Marijuana is neither type of contraband. Although the decision is applicable only in the realm of the charge of Criminally Using Drug Paraphernalia, this decision is one that experienced New York criminal defense attorneys and criminal defense law firms, such as the former Manhattan prosecutors of Saland Law PC, should add to their arsenal.

In the instant matter, the complaint alleged that the police arrested the defendant after they found one plastic bag containing marihuana, a scale and over fifty small ziplock bags in his apartment. Additionally, the defendant admitted the contraband was his.

February 18, 2009

Grand Larceny and Criminal Possession of Stolen Property: When a Theft Requires a Mandatory Prison Sentence

by Jeremy Saland

I have blogged extensively on the criminal law and specifically as it relates to New York criminal defense and the charges of Grand Larceny and Criminal Possession of Stolen Property. In fact, as criminal defense attorney at Saland Law PC and a former Manhattan prosecutor, I have successfully handled these crimes more times than I can count. In the past year alone, I represented two clients in Manhattan Supreme Court both of whom avoided jail. One of those individuals was alleged to have stolen multiple millions of dollars while the other was alleged to have stolen property valued in the multiple tens of thousands of dollars. While the charges may be the same – Grand Larceny – each crime and each person accused requires a unique and individualized plan of attack to analyze and implement a formidable defense. These crimes are not going away any time soon.

Only yesterday, the Manhattan District Attorney’s Office announced the indictment of Richard Garaventa, Jr. for stealing $2,514,519 from his former employer, Morgan Stanley. Mr.Garaventa is accused of issuing fifty checks that he ultimately funneled back to himself for a period of approximately seven years. The checks ranged in value from about $8,000 to over $70,000. Mr. Garaventa is charged with Grand Larceny in the First Degree, Criminal Possession of Stolen Property in the First Degree and Falsifying Business Records in the First Degree.

February 15, 2009

NY Burglary Basics: Your Best Criminal Defense is Knowing the Law

by Jeremy Saland

Having been prosecutors in the Manhattan District Attorney’s Office for a combined fourteen years, the NY criminal defense attorneys at Saland Law PC have experienced a vast number of the offenses from Disorderly Conduct, Forgery and Grand Larceny to Burglary, Kidnapping and Assault. While our experience and knowledge is a tremendous asset for our clients, we always encourage our clients to educate themselves on the criminal law as well. There is little doubt that having a basic understanding of New York criminal law is the best defense to keep you from getting in trouble in the first place.

One particular crime that is somewhat common is the crime of Burglary. When many people think of Burglary, they don’t recognize how easy it is to get caught up in one of the most serious violent crimes. Depending on the level of the offense, Burglary ranges from a “D” felony punishable by up to seven years to a “B” felony punishable by up to twenty five years in state prison.

February 11, 2009

Major Theft Ring Busted: 12 People Charged with Enterprise Corruption, Forgery, Grand Larceny, Conspiracy and Criminal Possession of Stolen Property

by Jeremy Saland

A bunch of people are in need of New York criminal defense attorneys…immediately. The New York Attorney General’s Office announced the arrest of twelve people allegedly involved in a Bronx based construction equipment and luxury car theft ring. The defendants are charged with Enterprise Corruption, Forgery, Grand Larceny, Conspiracy and Criminal Possession of Stolen Property. Luis Torres Gonzalez (a.k.a. “Sanki”), Reynaldo Estrella (a.k.a. “Ray”), Ernie Muriel (a.k.a. “Ivan”), Alfonso Tejada, Nestali Garcia Rosa (a.k.a. “Junior”), Noel S. Gonzalez (a.k.a. “Joaquin”), Jose L. Sanchez, Higinio M. Mercedes (a.k.a. “Biembo”), Kenneth Estrella (a.k.a. “Kenny”), Alton Young (a.k.a “Fat Ray”) and Jean Carlos Almontes are among the men who were targeted in “Operation Tag Sale.” According to the Attorney General’s website, these men had an organization that worked together to steal over fifty vehicles from construction sites, public streets and garages. The defendants have been charged in a 100 count indictment and face up to twenty five years in state prison if convicted on the top charge.

“Some people try to smuggle jewels out of the country. These individuals tried to sneak off with Caterpillars and Hummers. What they lacked in finesse they tried to compensate with audacity. But it made no difference. They met with the same end – arrest – thanks to the outstanding work of NYPD auto crime detectives and their partners in the Attorney General’s Organized Crime Task Force,” said Police Commissioner Raymond W. Kelly.

February 11, 2009

A Different Twist in Drug Sales: Criminal Sale of a Prescription for a Controlled Substance

by Jeremy Saland

Just about every day in the NYC newspapers we read about someone being arrested for selling drugs such as cocaine, crack, heroin or marijuana. While the sale of drugs in NY can be a serious felony (marijuana sale is usually a misdemeanor in most situations) requiring mandatory prison, NY criminal defense attorneys often defend clients allegedly selling other controlled substances as well. In fact, the Brooklyn District Attorneys Office announced the indictment yesterday of Dr. Richard Lucente, a physician, for allegedly selling prescriptions for steroids. That’s right…Dr. Lucente is indicted for selling the prescription for a controlled substance and not the actual drug. While not as common of a charge as Criminal Sale of a Controlled substance, Dr. Lucente is indicted for Criminal Sale of a Prescription for a Controlled Substance. According to the Brooklyn District Attorney’s Office, “Lucente is charged with providing patients with prescriptions for steroids and human growth hormones, for a fee, when those patients had no medical need for the drugs.” Prosecutors further allege that Lucente would steer patients to Lowen’s Drug Store in Bay Ridge. In exchange for directing business to the pharmacy, Lowen’s Drug Store paid Lucente nearly $30,000 in kickback over a two to three year period.

Under New York criminal law, a person is guilty of Criminal Sale of a Prescription for a Controlled Substance when, being a practitioner, that person knowingly and unlawfully sells a prescription for a controlled substance. In simple terms, a person is guilty of Criminal Sale of a Prescription for a Controlled Substance if they are a doctor, or similar professional, and they knowingly sell a prescription not merely for any medicine, but for a controlled substance such as steroids.

February 9, 2009

NY Penal Law 240.20: Disorderly Conduct – Not an ACD, but a Good Non-Criminal Disposition

by Jeremy Saland

A skilled New York criminal defense attorney may be able to beat your criminal case outright or work out a great deal for his or her clients in the face of overwhelming evidence. Sometimes there is a technicality requiring dismissal of the case such as a speedy trial issue or a facial insufficiency problem with the accusatory instrument. Other times, through hard work and perseverance, your criminal defense attorney may be able to get you a deal that avoids any criminal record at all. While an Adjournment in Contemplation of Dismissal (ACD)is the ultimate goal in a case where a deal is reached, a second option is a Disorderly Conduct plea.

As previously discussed in an earlier entry, an ACD will result in your case being dismissed and sealed within six months to a year. Although a Disorderly Conduct will not be dismissed, a plea to this charge will result in a conviction for a violation. Not only is a violation not a crime, but the violation will be sealed as well.