NY State White Collar Crimes and Offenses
As experienced New York City white collar criminal defense lawyers representing clients all over the metropolitan area from Manhattan to White Plains and Rockland County to Brooklyn, the founding partners at Crotty Saland PC learned from legendary Manhattan District Attorney Robert Morgenthau who zealously fought crime both in the streets and the suites. Whether the accused was a hedge funder, Wall street financier, chief financial officer, accountant, receptionist, school teacher, contractor or an unemployed schemer, prosecutors today still preach the same mantra as they did when the former Manhattan Assistant District Attorneys at Crotty Saland PC served the People of the State of New York. Simply, merely because the crimes are financial does not mean they are victimless. Instead, prosecutors from New York City to the Hudson Valley suburbs, will pursue offenders with great vigor. As an accused, you should have no misgivings. White collar crimes can, and do, lead to ruin, decimation of lives and adverse impacts to not merely the defendant and his or her family, but mom and pop businesses, corporations, individuals, the government and anyone who falls prey to such criminal acts.
Various statutes in New York's Penal Law may define theses offenses differently, but because white collar crime often involves some form of theft or an intent to defraud, law enforcement – Westchester County Police, Dutchess County District Attorney’s Office, New York State Attorney General, etc. –will not hesitate to identify and prosecute offenders whether the allegations involve no financial theft or loss or well north of hundreds of thousands of fraud. While different than more violent crimes, punishment for white collar offenses can be equally, if not more, severe. Should you run afoul of the law, maintain your naiveite and arrogance at your own peril. You will have only yourself to blame when your family or friends come visit you "upstate" after your felony conviction ends in incarceration or your misdemeanor sentence lands you in a jail such as the infamous Rikers Island.
Types of White Collar crimes prosecuted in Manhattan, Brooklyn, Queens, Bronx, Westchester, Rockland, Putnam, Dutchess and Orange counties include:
- Bribery: NY Penal Law 200.00, 200.03, 200.04
- Cigarette and Tobacco Product Tax Crimes: NY Tax Law 1814
- Coercion: NY Penal Law 135.60, 135.61 and 135.65
- Commercial Bribery and Commercial Bribe Receiving: NY Penal Law Article 180
- Credit Card Fraud: NY Penal Law Article 155, 165, 170, 190 and Others
- Criminal Possession of a Forgery Device: NY Penal Law 170.40
- Criminal Possession of a Forged Instrument: NY Penal Law 170.20, 170.25 and 170.30
- Criminal Tax Fraud: NY Tax Law 1802, 1803, 1804, 1805 and 1806
- Embezzlement: NY Penal Law Article 155
- Enterprise Corruption: NY Penal Law 460.20
- Extortion: NY Penal Law 155.05(2)(e), 155.30(6) and 155.40(2)
- Falsifying Business Records: NY Penal Law 175.05 and 175.10
- Forgery: NY Penal Law 170.05, 170.10 and 170.15
- Gambling Crimes: NY Penal Law Article 225
- Giving Unlawful Gratuities and Receiving Unlawful Gratuities: NY Penal Law 200.30 and 200.35
- Grand Larceny: NY Penal Law 155.30, 155.25. 155.40 and 155.42
- Identity Theft: NY Penal Law 190.78, 190.79, 190.80, 190.80-A
- Insurance Fraud: NY Penal Law 176.15, 176.20, 176.25 and 176.30
- Martin Act: NY Gen. Bus. Law 352 and 352-c
- Medicare/Medicaid Fraud
- Money Laundering
- Mortgage Fraud: NY Penal Law Article 187
- Offering a False Instrument for Filing: NY Penal Law 175.30 and 175.35
- Official Misconduct: NY Penal Law 195.00
- Perjury: NY Penal Law 210.05, 210.10 and 210.15
- Petit Larceny, Shoplifting and other Thefts: NY Penal Law 155.25, 155.30, 165.40 and 165.45
- Rewarding Official Misconduct: NY Penal Law 200.20 and 200.22
- Scheme to Defraud: NY Penal Law 190.65
- Tampering with Public Records: NY Penal Law 175.20 and 175.25
- Theft of Services: NY Penal Law 165.15
- Trademark Counterfeiting: NY Penal Law165.71, 165.72 and 165.73
Crotty Saland PC represents individuals and corporations in complex white collar criminal investigations, Grand Jury proceedings and trials. Additionally, we conduct internal investigations for companies prior to and during law enforcement investigations as well as to assist those same businesses who are victims of fraud crimes and want to pursue alternative means to secure lost monies. Equally important, whether it is complying with or responding to a subpoena, the New York white collar criminal defense attorneys at Crotty Saland PC can take the steps to mitigate your or your company’s exposure to prosecution.Who We Represent: Individuals
It is of critical importance to recognize that not all white collar crimes are perpetrated by greedy CEOs bilking shareholders or the public out of millions of dollars. Shoplift $100, $1,000 or $10,000 from Macys, Bloomingdales, Saks, or Century 21, you will face Petit Larceny, Fourth Degree Grand Larceny or Third Degree Grand Larceny respectively. Skim $75,000 or over $1,000,000 from your employer by altering bills, receipts or invoices, not only will you face First Degree Falsifying Business Records, but an indictment for Second Degree Grand Larceny and First Degree Grand Larceny respectively. Victimizing a few people in an apartment rental scam or an immigration fraud for only a couple grand doesn’t seem so bad, right? The frank reality is that when those who are victimized are least able to afford it, not only would a Grand Jury consider a larceny related crime, but Scheme to Defraud is no doubt waiting at the end of an indictment.
The list of crimes from Tax Fraud for failure to remit sales taxes to the City or State of New York and Criminal Possession of a Forged Instrument for possessing fake identifications to Fourth Degree Criminal Possession of Stolen Property for having a stolen debit card and Enterprise Corruption for running with a crew in a criminal operation for gambling, loan sharking, identify frauds or other crimes, are as varied as they are felonious.
Make no mistake. The days of slaps on the wrist are long over. If you are not an American citizen, you are licensed through FINRA, maintain a professional certification or work for the NYC Board of Education or other agencies, going to prison is only one of your many worries. The crippling of your livelihood, ability to support your family and career are all very real concerns without ever stepping a foot in jail.
- Fraud & Theft Convictions: FINRA, Form U4 & FDIC Consequences
- New York Criminal Arrests and Convictions: Immigration Consequences
- NYC Employee Arrests: Direct and Collateral Consequences
- Doctors, Nurses and Other Medical Professionals: NY Arrests and Licensure
While some white collar offenses do not require a prison sentence, don’t confuse mandated imprisonment with no jail. You should have no misunderstanding or doubts. Any judge can, and often will, incarcerate an accused at the request of the District Attorney. Likewise, some crimes are felonies that can and will no doubt result in significant terms of imprisonment and large fines. In fact, look no further than Dennis Kozlowski and the Tyco trial. Mr. Kozlowski had no criminal record but was sentenced to 8 and 1/3 to 25 years state prison. Simply, when your liberty is at stake, implementing a defense to best protect your liberty is tantamount.
Regardless of the potential sentence if convicted, it is absolutely imperative to negotiate a proper disposition quickly. Often, the longer these types of cases progress without an accused taking affirmative steps to deal with the case and implement the best defense, the prosecution digs their heels in, spends more time and money investigating, and is less likely to be agreeable in negotiations. In fact, a defendant or target of an investigation may have a legitimate defense that you must present to a District Attorney or New York State Attorney General so you are vindicated or exonerated. Waiting to do so may damage your ability to obtain a proper disposition, deal or dismissal in the future.
Whatever your defense may be, the New York criminal lawyers at Crotty Saland PC are both experienced and prepared to advocate in your time of need. Founded by former prosecutors in the Manhattan District Attorney's Office who supervised multi-million dollar money laundering investigations, fraud schemes, identity theft crimes, and other Hudson Valley and New York City white collar offenses, Crotty Saland PC has the hands on experience, training and knowledge to preserve your livelihood, integrity and liberty. Our results and client testimonials may not speak for themselves, but as your legal counsel, our voices will.
Call us at (212) 312-7129 or contact us online today.