It can be challenging and terrifying to be accused of a crime. A criminal conviction can make it hard to find a job, find a place to live, or keep a professional license. Manhattan criminal lawyer Peter Katz fights tenaciously for the rights of defendants in New York and New Jersey. He also handles whistleblower claims and health care professional licensing actions. We understand how important your livelihood is to you, and we are dedicated to achieving a result that will allow a client to successfully move forward with their life.Criminal Defense
We can defend against many federal and state criminal charges, including white collar crimes, drug crimes, computer crimes, violent crimes, theft crimes, sex crimes, and more. The elements that must be proven and the penalties for a conviction depend on the particular charge, as well as whether the crime is charged by federal or state prosecutors. Often, as with white collar crimes, the conduct constituting a crime can be prosecuted under both federal and state laws. For example, securities fraud is criminalized under New York General Business Law Section 352-C, as well as 18 U.S. Code § 1348. Penalties for federal crimes are often harsher than penalties for state crimes, and procedures in federal court are different from procedures in state court. This makes it important to retain a criminal attorney in Manhattan who is familiar with the specific procedures that will affect your case.
Defenses to crimes can be substantive, which means that they attack the prosecution’s ability to prove an element of the crime or that they provide a legal justification or excuse for the defendant’s actions. Or they can be procedural, which often means that they allege a violation of the defendant’s constitutional rights. A procedural defense can be just as powerful as a substantive defense. It may result in the exclusion of evidence needed to prove the prosecution’s case, which may be enough to prevent a conviction.Whistleblower Claims
A whistleblower is often an employee who reports a legal violation by his or her employer. Sometimes the violation is perpetrated against the employee, but in other cases, it involves some type of fraud against the government or the public. Both federal and state laws provide protections for whistleblowers. Federal whistleblower laws include the Sarbanes-Oxley Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the False Claims Act. The federal False Claims Act creates whistleblower protections when someone reports another party that knowingly submitted a false claim to the government, caused someone else to submit a false claim to the government, or knowingly made a false record or statement to get a false claim paid by the government. In addition to serving as a Manhattan criminal attorney, Peter Katz can advise potential whistleblowers on whether to take action and help them assert their rights.
The New York False Claims Act creates liability for anyone who knowingly makes false or fraudulent claims for payment to the state or local governments. Also liable are those who misappropriate local or state government property or who deceptively avoid binding obligations to pay a local government or the state government. Additionally, it includes violations of tax laws when the person violating a tax law has more than $1 million in income, and the harm to New York is more than $350,000. Under the New York False Claims Act, a whistleblower who files a successful claim can obtain 15-25% of the recovery if the state intervenes. If the state does not intervene, the whistleblower can obtain 25-30% of the recovery. Like the federal law, the New York State False Claims Act protects whistleblowers from retaliation.Health Care Professional Licensing Actions
Doctors, nurses, physical therapists, pharmacists, psychologists, and physicians’ assistants are all health care professionals. Health care professionals must adhere to numerous regulations to keep their licenses. If you are a health care professional who faces disciplinary conduct by the Office of Professional Medical Conduct, the Office of Professional Discipline, or the Department of Health, you should seek out knowledgeable representation. Your livelihood may depend on securing a positive outcome in any investigation or trial being conducted by these offices.
We can get involved early in the process or after an investigation has already been initiated, defending you against any actions that could result in the loss of your license. Once your license is suspended, it can be challenging to get it back. However, it may be possible to appeal administrative decisions to state court, if all of your administrative options have been exhausted.Seek Legal Guidance in a Criminal, Whistleblower, or Health Care Licensing Matter
At the Law Offices of Peter Katz, we treat each of our clients as if they were our most important. Mr. Katz maintains his availability at all hours. He was previously a federal health care fraud prosecutor running the Medicare Fraud Strike Force and has handled hundreds of investigations in more than 25 years. Call us for a free consultation at (609) 734-4380 or (212) 933-9323 or contact us online if you want to speak with a criminal lawyer in Manhattan or get assistance with a whistleblower or professional licensing matter.