Fraud Defense Attorneys in New York, NY

As fraud defense attorneys, we can represent you in the criminal defense of your case, in case you are accused of fraud. Fraud is a general category of crimes, which can be classified into several types of offenses such as:

• tax fraud
• credit card fraud
• insurance fraud
• healthcare fraud
• mail fraud
• mortgage fraud
• wire fraud
• securities fraud

Elements of Fraud

Fraud is generally the intentional misrepresentation or omission of a material fact in order to gain a financial advantage, causing the victim harm. In a general allegation of fraud, the prosecution must prove:

• A false statement of a material fact
• Knowledge that the statement was false
• Deliberate intent to deceive the victim
• Justifiable reliance on the false statement by the victim
• The victim suffered some form of injury (financial or otherwise)

However, because there are many types of criminal offenses that are based on fraud, these types of criminal offenses each have their own elements which must be proven by the prosecution beyond reasonable doubt.

Types of Fraud Offenses in New York

In New York, the types of fraud offenses punishable by the state are:

Fraud Chage	Penal Law Section	Type of Offense
Aggravated identity theft Criminal impersonation in the first degree Criminal impersonation in the second degree Criminal sale of a police uniform. Criminal use of an access device in the first degree Criminal use of an access device in the second degree Criminal usury in the first degree   Criminal usury in the second degree False advertising False impersonation Identity theft in the first degree Identity theft in the second degree Identity theft in the third degree Issuing a bad check Making a false statement of credit terms Misconduct by corporate official Possession of usurious loan records Scheme to defraud in the first degree Scheme to defraud in the second degree Scheme to defraud the state by unlawfully selling prescriptions Unauthorized radio transmission Unlawful collection practices Unlawful possession of a skimmer device in the first degree Unlawful possession of a skimmer device in the second degree Unlawful possession of personal identification information in the 2nd degree Unlawful possession of personal identification information in the 1st degree Unlawful possession of personal identification information in the 3rd degree Unlawfully concealing a will	190.80-a 190.26 190.25 190.27 190.76 190.75 190.42 190.40 190.20 190.23 190.80 190.79 190.78 190.05 190.55 190.35 190.45 190.65 190.6 190.7 190.72 190.5 190.86 190.85 190.82 190.83 190.81 190.30	Class D Felony Class E Felony Class A Misdemeanor Class A Misdemeanor Class E Felony Class A Misdemeanor Class C Felony Class E Felony Class A Misdemeanor Class B Misdemeanor Class D Felony Class E Felony Class A Misdemeanor Class B Misdemeanor Class A Misdemeanor Class B Misdemeanor Class A Misdemeanor Class E Felony Class A Misdemeanor Class A Misdemeanor Class A Misdemeanor Class B Misdemeanor Class E Felony Class A Misdemeanor Class E Felony Class D Felony Class A Misdemeanor Class D Felony

Each offense has its own list of elements which the prosecution must prove beyond reasonable doubt. The fraud defense attorney should know the elements for the offense, which would provide the client with possible defenses, given the strength and weaknesses of the prosecution’s evidence.

Possible Defenses in a Fraud Charge

Common fraud defenses include:

Lack of Intent to Commit the Crime

One of the usual elements of a fraud charge is the intentional misrepresentation of a material fact. If the misrepresentation was made negligently, there is an absence of intention to deceive the victim. Without this element of intention, the charges may be dismissed.

Insufficient Evidence

Each element of an offense must be proven beyond reasonable doubt, the highest standard of proof. Proving each element requires the presentation of testimonial and/or documentary evidence. The evidence can be challenged on the basis of unconstitutionality when it has been obtained through unlawful means (such as an illegal search or seizure or a confession or admission in violation of the Miranda rights). The prosecution’s evidence can also be challenged by questioning the credibility of the witnesses and disputing the accuracy and reliability of the documents.

Non-Fraudulent Statement

Another element of fraud is the misrepresentation of a material fact. Not all false statements are fraudulent. If the false statement of fact is not material, it is usually not considered fraudulent.

Entrapment

The defense of entrapment applies when a government official induces the victim to commit the crime, which they would not have otherwise committed. The idea to engage in such criminal activity must have originated from the law enforcement officials, and not the alleged criminal.

There may be other defenses, depending on the unique circumstances of the case. The fraud defense attorney should be able to craft a strong defense by analyzing the strength and weaknesses of the prosecution’s evidence. This defense must be utilized from the onset during police investigation to ensure the consistency of the accused’s statements.

Legal Representation, Police and the Prosecution

Before being charged with any offense based on fraud, the police first makes the initial investigation. Having a fraud defense attorney at this stage will already help you prepare your defense and will ensure that your rights are protected. Your fraud defense attorney can insist that no statements are coerced from your end, and that no evidence relating to the commission of crime be obtained from the statements of the accused.

When the police turns over its report to the prosecution for the formal filing of charges, the prosecuting attorney still has the discretion to review the police report to determine whether there is sufficient evidence and probable cause for the filing of charges. At this point, your fraud defense attorney should be able to have a good grasp of your case and should know how to leverage the strengths and weaknesses of the prosecution’s evidence to the client’s advantage in bargaining for a better outcome. Most prosecutors would bargain especially when their evidence is not strong. You could request for a dismissal of the charges from the start, plea guilty to a less serious charge, bargain for a more lenient punishment, or plead guilty to lesser counts.

Fraud charges are serious and complex. Having an experienced fraud defense attorney to represent you is crucial for a successful outcome of your case. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].