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

Legal Representation by an Experienced Fraud Attorney in New York City

Fraud in New York covers a wide range of offenses, each involving some degree of deceit, misrepresentation, or breach of trust. These crimes, although non-violent and often perceived as less severe than violent or sex crimes, are nonetheless prosecuted vigorously and penalized heavily by New York State law. The absence of physically harmed victims does not lessen the severity with which these offenses are treated. If you are facing fraud charges, you should be prepared for the prosecution to come at you relentlessly. 

At Lebedin Kofman LLP, we recognize the gravity of these charges and the paramount importance of having robust legal defense when faced with allegations of fraud and identity theft. Led by skilled New York City fraud lawyer Russ Kofman, our team of skilled Manhattan criminal defense attorneys excels in providing high-quality legal representation for clients facing charges like identity theft and other related crimes.

Don’t underestimate the complexity and severity of fraud charges. Secure your defense by contacting us today to schedule a free initial consultation.

Reach us at (646) 663-4430. Your fight against fraud allegations starts here.

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The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Top-Rated Manhattan Fraud Attorney Russ Kofman Explains New York’s Fraud Laws

Fraud is broadly defined as a wrongful or criminal deception intended to result in financial or personal gain. It typically involves activities such as false representation of facts, whether by intentionally telling a lie, keeping silent about something significant, or by conducting oneself in a misleading way.  

In New York, the crime of fraud is typically proven by establishing five key elements.

Here is a brief overview of these elements:

  • A Misrepresentation or Concealment of Material Fact: This means that the accused must have made a false statement or concealed a fact that is significant to the transaction at hand. A material fact is one that a reasonable person would consider important in making a decision.
  • Knowledge and Intent: The accused must have known that the statement was false or the fact was concealed, and made the misrepresentation or concealment with the intention to deceive. This is often the most challenging element to prove because it involves showing the accused’s state of mind at the time.
  • Reliance on the Misrepresentation or Concealment: The person whom the accused intended to defraud must have relied on the false statement or concealed fact. In other words, they must have believed it to be true and based their decision on this belief.
  • Justifiable Reliance: Not only must the victim have relied on the false statement, but their reliance must also be considered justifiable or reasonable. This means a reasonable person in the same situation would also have believed and acted upon the misrepresentation.
  • Resulting Injury or Damage: Finally, the reliance on the false statement or concealed fact must have resulted in some form of harm or damage to the victim. This could be financial loss, damage to reputation, or other forms of harm.

Each of these five elements must be proven by the prosecution beyond a reasonable doubt for a defendant to be convicted of fraud. Given the complexity of these elements and the high burden of proof, having a skilled defense attorney is crucial when facing fraud charges in New York. 

New York State has a detailed legal framework that defines and penalizes fraudulent activities. Crimes of fraud are divided into several degrees, depending on the value of the property involved and the nature of the offense.

For instance, under New York law, a person is guilty of a class A misdemeanor, known as Petit Larceny, if they steal property; however, if the value of the property exceeds $1,000, the crime is elevated to Grand Larceny in the fourth degree, a class E felony. The severity and classification of Grand Larceny increase with the value of the stolen property, with the highest being Grand Larceny in the first degree for property valued at over $1 million, a class B felony.

It’s also worth mentioning the Martin Act, a unique New York law that gives the Attorney General broad powers to combat financial fraud, including securities fraud, which can be brought as either civil or criminal charges.  

Fraud can have profound implications for individuals and businesses alike. For individuals, it might result in significant financial loss, harm to one’s credit score, emotional distress, and even a loss of personal security. 

For businesses, the effects can be equally devastating. Financial losses from fraud can be substantial, and the damage to a company’s reputation might be irreparable. Additionally, businesses might face regulatory fines and legal expenses in relation to fraud cases.

Given the significant repercussions to individuals and businesses, law enforcement exerts its best efforts at investigating and charging fraud offenses in the state. As such, it’s crucial to remember that if you’re accused of fraud, it’s in your best interest to consult with an experienced New York City fraud attorney. Our team at Lebedin Kofman LLP is well-versed in the complexities of New York’s fraud statutes and can provide invaluable assistance in navigating your defense. Contact us today to schedule a free consultation.

The Role of a New York City Fraud Attorney

A fraud attorney plays a critical role in defending individuals and businesses accused of fraudulent activities. Their responsibilities encompass various aspects, from assessing fraud allegations to representing clients in court. They are also instrumental in negotiating settlements and plea deals. 

The first step in any fraud case is understanding the allegations. A New York City fraud attorney can thoroughly review the charges and the circumstances surrounding the case. They’ll examine the specifics of the complaint, the evidence presented by the prosecution, and the relevant laws to determine the best course of action. 

The attorney will also evaluate the potential penalties if the client is convicted, which can range from fines and restitution to imprisonment. Understanding the severity of the charges can help guide the defense strategy.

A critical part of any fraud defense is the collection and analysis of evidence. A fraud attorney can work diligently to gather all relevant information, including financial records, communications, and any other documents that could help prove their client’s innocence. 

They can also scrutinize the prosecution’s evidence to identify any weaknesses or inconsistencies. The attorney might collaborate with forensic accountants, private investigators, and other experts to thoroughly analyze the evidence and build a robust defense.

If a fraud case goes to trial, a fraud attorney can represent their client in court. They can present a tailored defense strategy to the judge and jury, work to discredit the prosecution’s evidence, and strive to create reasonable doubt about their client’s guilt. 

An attorney advocates for and protects their clients’ rights throughout the process. This includes making sure that any evidence presented by the prosecution is legally obtained and that the court procedures are conducted fairly.

In some cases, it may be in the client’s best interest to negotiate a settlement or a plea deal rather than go to trial. Your New York City fraud attorney should be someone skilled in these negotiations and can work to reach an agreement that minimizes the impact on the client. 

This could involve pleading guilty to a lesser charge, which could result in a lighter sentence. Alternatively, a settlement could involve the client agreeing to pay restitution, while the charges are reduced or dismissed.

Whether you’re facing minor fraud allegations or serious charges, a seasoned New York City fraud attorney can provide the legal guidance you need. Remember, every case is unique, and the assistance of a legal professional can make a significant difference in the outcome of your case. Our skilled team at Lebedin Kofman LLP has the track record and experience necessary to guide you through the legal processes involved with a fraud charge. We provide quality assistance and aggressive representation, protecting your rights every step of the way.

Navigating Fraud Laws in New York

New York’s Penal Law encompasses a variety of statutes criminalizing fraudulent activities and forgery. These laws cater to a diverse spectrum of fraudulent actions, spanning from fraud against creditors and state healthcare programs to insurance companies. Moreover, they also encompass a specific subset addressing computer fraud, which includes offenses like cyber extortion and online phishing scams. 

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. 

Healthcare fraud includes actions such as billing for services not provided, overbilling, or falsifying a patient’s diagnosis to justify unnecessary tests or procedures. If a healthcare provider is found guilty of healthcare fraud in New York, they could face both civil and criminal penalties, including fines, loss of professional license, and imprisonment.

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.

At Lebedin Kofman LLP, our team of seasoned New York attorneys stands ready to assist individuals facing charges of fraud. Our experienced New York City fraud attorney, Russ Kofman, brings substantial experience in defending clients charged with criminal offenses. If you’re facing such charges, don’t hesitate to reach out to us.

Connect with an experienced attorney today by contacting us at (646) 663-4430.

Consequences of Fraud Convictions in NYC

A conviction for fraud in New York City can have far-reaching consequences, including criminal and civil penalties, reputational damage, and other impacts. Understanding these potential consequences is crucial, as it underscores the importance of securing a robust defense if you’re facing fraud charges. 

The criminal consequences for a fraud conviction in NYC can be severe. Depending on the type and severity of the fraud, penalties can range from fines and probation to significant prison time. 

Under New York law, fraud can be categorized as a misdemeanor or a felony. For instance, a conviction for a misdemeanor fraud charge can result in up to a year in jail, while a felony fraud charge carries stiffer penalties, potentially several years in prison.

In addition to imprisonment, you may also be ordered to pay restitution to the victims of the fraud, along with hefty fines. The exact penalties will depend on the specific circumstances of your case.

In addition to criminal penalties, a fraud conviction can also have civil consequences. Victims of fraud can file a civil lawsuit seeking compensation for their losses. If the court rules in their favor, you could be ordered to pay damages, which could amount to significantly more than the initial amount involved in the fraud. 

Beyond the legal consequences, a fraud conviction can also have serious reputational damage. Professionals can lose their jobs or find it difficult to secure employment in the future, particularly in fields that require a high level of trust or specific professional licenses. It can also affect issues such as child custody if you are going through a divorce. 

Moreover, a fraud conviction can lead to social stigma and strained personal relationships. It can also impact your ability to secure loans or housing in the future due to a criminal record.

The consequences of a fraud conviction in NYC can be severe and far-reaching, affecting every aspect of your life. This highlights the importance of having a knowledgeable and experienced New York City fraud attorney in your corner, fighting to protect your rights and your future. Contact Lebedin Kofman LLP today to schedule a free consultation with one of our skilled fraud attorneys.

Defending Against Fraud Charges

Facing fraud charges can be a daunting experience, but with a dedicated defense strategy, it’s possible to effectively fight these accusations. Defending against fraud charges typically involves challenging the evidence, asserting legal defenses, mitigating potential penalties, and exploring post-trial remedies. 

One of the primary ways to defend against fraud charges is by challenging the prosecution’s evidence. This can be done in several ways, such as questioning the legality of how the evidence was obtained, the reliability of the evidence, or the manner in which it was analyzed. 

For example, if evidence was obtained through an unlawful search or seizure, a motion to suppress the evidence could be filed. Similarly, if the prosecution’s case relies heavily on the testimony of an unreliable witness, their credibility could be challenged in court.

Fraud is a complex area of law, and understanding the elements that constitute fraud, as well as the possible defenses, is crucial when facing these serious charges. While the prosecution has the responsibility of proving a fraud case beyond a reasonable doubt, defending against such charges can still pose a significant challenge.

Some of the common fraud defenses in New York include: 

  • Absence of intent to commit a crime: If the prosecution cannot prove that the defendant acted with the intent to deceive, the charges may be thrown out. 
  • Entrapment: If the defendant was compelled or manipulated to commit fraud under circumstances where they would not have done so otherwise, this may be considered entrapment and can serve as a defense. 
  • Insufficient evidence: If the prosecution’s evidence is discredited or insufficient, the defense can argue that there is reasonable doubt and the charges should be dismissed. 
  • Non-fraudulent statement: Not all false statements meet the burden of proof for fraud. If the statement is not related to a material fact, it may not be considered fraudulent. Additionally, stating an opinion does not constitute fraud. 

It is crucial to work with a knowledgeable New York fraud defense attorney who can evaluate the specifics of your case and develop the most effective defense strategy.

Even if a complete acquittal isn’t possible, a fraud attorney can work to mitigate potential penalties. This could involve negotiating a plea deal for a lesser charge or arguing for a lenient sentence based on factors like the accused’s prior criminal history, their role in the alleged fraud, and whether anyone was harmed by the alleged fraud.

Even after a fraud conviction, there are still steps that a diligent New York City fraud defense attorney can take to help you. This can involve navigating the appeals process, seeking expungement or sealing of the conviction, and providing guidance to help you rebuild your life after a fraud conviction.

Appeals Process in Fraud Cases

If you’ve been convicted of fraud, it’s important to know that you have the right to appeal the decision. An appeal is a request to a higher court to review and change the decision of a lower court. The appeals process in New York is complex and requires a deep understanding of the law. It’s not simply a re-trial of the case, but a careful examination of legal errors that may have occurred during the trial. This can include errors in the judge’s instructions to the jury, improper exclusion or admission of evidence, prosecutorial misconduct, or ineffective assistance of counsel.

An experienced fraud defense attorney can review the trial record meticulously, identify potential grounds for appeal, and argue persuasively before the appellate court.

Sealing of Fraud Convictions

In certain circumstances, you may be eligible to have your fraud conviction sealed, meaning the records of the conviction would be destroyed or made inaccessible to the public.

Sealing a record can make it easier to find employment, housing, or education opportunities.

An attorney can guide you through this process, helping you understand the eligibility requirements and assisting you in preparing and filing your application for sealing. 

Navigating the intricacies of a fraud defense requires the assistance of a skilled New York City fraud attorney. From challenging the prosecution’s evidence to exploring post-trial remedies, your attorney will be instrumental in ensuring that your rights are protected and that you receive the best possible outcome. 

Lebedin Kofman LLP: Your Ally in Times of Legal Challenges

Facing fraud charges can be a daunting experience, carrying the weight of potential implications on your job, personal freedom, finances, and future. The prospect of navigating through these charges, which may lead to jail time, fines, and probation, can understandably be stressful. At Lebedin Kofman LLP, we understand the gravity of your situation and are dedicated to assisting you in mitigating these charges, aiming for reduction or outright dismissal where possible. 

Our team of fraud attorneys brings to the table years of experience in this intricate realm of law. This extensive experience has enabled us to successfully aid thousands of clients in resolving their criminal defense issues, and we’re ready to extend the same assistance to you. We can guide you adeptly through every stage of the criminal process, helping you make informed decisions about your future. No matter how daunting your circumstances may appear, the presence of a lawyer who can provide the legal advice you need is invaluable.

Reach out to us today to schedule a free initial consultation. Let us be your ally in this challenging time. Call Lebedin Kofman LLP at (646) 663-4430 today.

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