New York City Fraud Attorneys - Fraud Lawyer - Fraud Defense Lawyer in NY

New York law outlines several crimes related to identity theft. The severity of these crimes can be classified into three degrees: first, second, and third. In some scenarios, identity theft can also be charged as an aggravated offense.

All variants of identity theft charges necessitate that the defendant knowingly and intentionally assumed another person’s identity. The degree of charges depends largely on the severity of the damage or loss suffered by the identity theft victim.

New York charges identity theft as follows:

• Third-Degree Identity Theft: This degree is charged when a false identity is used to procure goods, money, or services that benefit another person, or to commit a Class A misdemeanor.
• Second-Degree Identity Theft: This charge applies when a false identity is used to obtain goods, money, or services, and the value or harm to another person exceeds $500, or it’s used to commit a Class E felony.
• First-Degree Identity Theft: This is the most severe degree, charged when a false identity is used to obtain goods or money, and the cost or damage to another person exceeds $2,000, or it’s used to commit a Class D or higher felony.

Aggravated Identity Theft is a specific charge that applies when the defendant falsely claims to be a member of the armed service deployed abroad, and knowingly uses this false identity to obtain goods, money, or services worth more than $500.

Forgery involves the creation, alteration, or use of a written instrument with the intent to defraud, deceive, or injure another. This can include checks, contracts, identification cards, and other documents.

New York law classifies forgery into three degrees:

• Forgery in the Third Degree (Class A Misdemeanor): This is the basic offense, which involves forging a written instrument.
• Forgery in the Second Degree (Class D Felony): This degree involves forging a deed, will, contract, commercial instrument, credit card, or other instrument that affects legal rights or obligations.
• Forgery in the First Degree (Class C Felony): This is the most serious form of forgery, involving the forgery of part of an issue of money, stamps, securities, or other valuable instruments issued by the government.

Penalties for forgery can range from up to a year in jail for a Class A misdemeanor to up to 15 years in prison for a Class C felony. Fines and restitution may also be imposed.

Falsifying business records involves altering, erasing, obliterating, deleting, removing or otherwise falsifying a business record with the intent to defraud. This can include actions like altering financial records to hide theft or embezzlement, or falsifying sales records to deceive shareholders.

The crime of falsifying business records is also classified into degrees:

• Falsifying Business Records in the Second Degree (Class A Misdemeanor): This is the basic offense and involves committing the act of falsifying business records.
• Falsifying Business Records in the First Degree (Class E Felony): This degree involves falsifying business records with the intent to commit or conceal another felony.

Penalties for falsifying business records can range from up to a year in jail for a Class A misdemeanor to up to 4 years in prison for a Class E felony. Fines and restitution may also be imposed. 

Federal bank fraud involves the use of fraudulent schemes or false representations to obtain money, assets, or other properties owned by a financial institution. This could range from check fraud to phishing and online scams. A conviction under federal law could lead to penalties of up to $1 million in fines and a maximum of 30 years in federal prison. 

Insurance fraud in New York is a serious crime that can range from exaggerating a claim to staging accidents. Insurance fraud is classified into five degrees, with first-degree insurance fraud (fraud involving property worth more than $1 million) being a class B felony that can result in up to 25 years in prison. 

Mail fraud involves using the postal system to carry out a fraudulent scheme. While mail fraud cases are typically prosecuted at a federal level, penalties can be quite severe, with potential sentences of up to 20 years in prison, and fines of up to $250,000 for individuals and $500,000 for organizations. 

Mortgage fraud involves providing false information on a mortgage application to obtain a loan or better terms. In New York, mortgage fraud is classified into five degrees. A conviction for first-degree mortgage fraud (involving residential property worth more than $1 million) is a class B felony, which can result in a sentence of up to 25 years in prison.

Securities fraud, also known as stock or investment fraud, involves deceptive practices in the stock or commodities markets. In New York, securities fraud can be charged as a felony, with penalties ranging from fines to imprisonment, depending on the amount of money involved and the specific circumstances of the case. 

Tax fraud involves intentionally providing false information on a tax return. In New York, tax fraud is classified into five degrees, with first-degree tax fraud (involving more than $1 million in a period of one year) being a class B felony that can result in up to 25 years in prison. 

Wire fraud involves using interstate wire communications to carry out a fraudulent scheme. As with mail fraud, wire fraud cases are typically prosecuted at a federal level and can result in severe penalties, including imprisonment for up to 20 years and hefty fines. 

If you’re facing such charges, it’s crucial to consult with a skilled New York City fraud attorney who can guide you through the complexities of the legal system. At Lebedin Kofman LLP, we work diligently to develop comprehensive defense strategies tailored to your specific case and circumstances.