White Collar Crimes
New York City is a global financial capital, and white collar crimes are often charged in the city and surrounding areas. Brooklyn white collar crime lawyer Peter Katz can help defendants fight charges brought under federal or state laws in New York and New Jersey. White collar crimes are usually financial crimes, or crimes perpetrated with deceit, rather than violence. They include mail fraud, wire fraud, health care fraud, securities fraud, and conspiracy, among others.Mail Fraud
Mail fraud is commonly charged under federal law. It is fraud in which the fraudulent conduct used the United States Postal Service or another interstate commercial carrier like UPS or Federal Express. Mail fraud is prohibited by 18 U.S.C. section 1341. To secure a conviction, the government will need to show beyond a reasonable doubt that you engaged in a scheme to defraud, the object of the scheme was either property or money, and a mail service was used to further the scheme. Often, mail fraud is charged alongside other financial crimes like health care fraud, wire fraud, and securities fraud, as well as bank fraud and computer fraud. The penalties for mail fraud may be severe. There is a maximum sentence of 20 years of incarceration, and up to 30 years of incarceration and a $1 million fine when the criminal conduct affected a financial institution.Wire Fraud
Federal wire fraud is prohibited under 18 U.S.C. section 1343. It is illegal under this statute for anybody to use wire, television, or radio communications in foreign or interstate commerce in order to execute a scheme to defraud or get money through fraudulent or false pretenses. The prosecutor must also prove intent. If you are convicted of federal wire fraud, you can be punished with up to 20 years of imprisonment, so you should retain a white collar crime attorney in Brooklyn to help you fight back against the charges. The fraud does not need to actually involve the communication sent over the wire, television, or radio. Instead, the wire must have been used in the course of perpetrating fraud. Any electronic communications, including texts, phone calls, emails, Facebook, Twitter, Skype, Instagram, or video conferencing, could constitute a wire communication.Health Care Fraud
In 1996, Congress passed the crime of Health Care Fraud under Title 18, United States Code, Section 1347. The elements of the healthcare fraud are similar to those of mail and wire fraud. Anyone who executes a scheme to defraud any health care benefit program is guilty of health care fraud.
In essence, anyone who lies to get paid by Medicare, Tricare, Medicaid or other federal health care program is guilty of health care fraud. Federal Healthcare Fraud is punishable by up to 10 years in prison and a $250,000 fine, however, if serious injury results from the offense, it is punishable by up to 20 years in prison and if death results, it is punishable by life in prison.
New York has a special unit to investigate and prosecute health care fraud, such as Medicaid fraud. Article 177 of New York’s Penal Law enumerates the crimes related to health care fraud. Under this law, a health plan covers both public and private health care plans. There are different degrees of New York health care fraud. Under New York Penal Law section 177.25, health care fraud in the first degree happens if someone intends to defraud a health plan and then willfully and knowingly provides incomplete or false information with the goal of obtaining reimbursement or payment from a health care plan to which they are not entitled. Generally, first-degree fraud involves $1 million that is stolen over the course of one year. The penalties can extend up to a maximum sentence of 25 years. Lesser amounts are involved with lesser degrees of health care fraud. For example, health care fraud in the second degree involves a stolen sum of up to $50,000 over the course of a year.Securities Fraud
Securities fraud is prohibited under both federal and state laws. Brooklyn white collar crime attorney Peter Katz is familiar with the provisions under Article 23-A of the New York General Business Law. Under section 352-c, anybody can be found guilty of a Class E felony if they intentionally engage in a scheme constituting a systematic and ongoing course of conduct with the intent to defraud at least 10 people or to obtain property from at least 10 people through fraudulent or false pretenses, promises, or representations. They would need to have thereby obtained property from one or more people while engaged in promoting or inducing the distribution, issuance, sale, or purchase of securities or commodities, as defined in Article 23-A.
Federal Securities Fraud is prosecuted under Title 18, United States Code, Section 1348. It states that anyone who knowingly executes a scheme to defraud any person in connection with any security or obtains by false or fraudulent means any money or property related to the purchase or sale of any security is guilty and can be punished by up to 25 years in prison and a fine of up to $250,000. Peter Katz also defends clients against insider trading charges.Conspiracy
Conspiracy is frequently charged by federal prosecutors. Conspiracy is a simple crime; however, the law surrounding it can be extremely complex. Conspiracy is an agreement between two or more people to commit some Federal offense. All federal Conspiracy charges allow prosecutors to claim that a person is responsible for the actions of others. In fact, federal conspiracy law allows the government to charge an individual for crimes that were never actually committed. Indeed, Conspiracy is one of the most powerful tools federal prosecutors have at their disposal.
Conspiracy is a white collar crime that is charged in different degrees in New York. The most serious is conspiracy in the first degree; the least serious is conspiracy in the sixth degree. You can be found guilty of conspiracy in the sixth degree if you agree with one or more people to engage in or cause the performance of a crime, and you make the agreement with the intent that the actions constituting a crime be performed. Conspiracy in the first degree requires a prosecutor to establish that you are over 18, you agreed with someone under age 16 to engage in conduct constituting a Class A felony, and you intended that conduct constituting a Class A felony would be performed.Consult an Experienced White Collar Crime Lawyer in Brooklyn
At the Law Offices of Peter Katz, each client is treated as if he or she is Mr. Katz’s most valued client. Mr. Katz has a record of success in criminal defense in New York City, New Jersey, and the surrounding areas. He offers reasonable rates and provides various payment plans. Call us for a free consultation at (212) 933-9323 or (609) 734-4380 or contact us online to schedule an appointment.