New York City Fraud Attorney

Need an Attorney for a Fraud Case in NYC?

Fraud is a very broad term that covers various charges involving deceiving another or others for the purpose of personal or monetary gain. There are three general categories for types of fraud: 

• Consumer fraud involves things like identity theft, Ponzi schemes, credit card theft, securities fraud, and check fraud. Mail fraud and crimes committed using phone lines or the internet, as in wire fraud, would classify it as a federal crime.
• Employee fraud includes embezzling funds or accepting bribes. 
• Fraud against the government or another business encompasses tax fraud, tax evasion, Medicare or Social Security fraud, counterfeiting currency, and welfare fraud.

Those facing charges for these types of fraud must be prepared to contend with aggressive prosecution efforts. The government often pursues these cases with significant resources at its disposal. It's important to have a legal defense that is equally thorough and composed, equipped to challenge evidence, question witnesses, and reveal any procedural errors.

Key Elements of a Fraud Case

For the prosecution to prove fraud, they must typically show:

• The defendant made a false representation.
• They knew the representation was false.
• The falsehood was made to deceive another party.
• The deception caused harm or resulted in the gain of something valuable.

A New York City fraud lawyer may challenge one or more of these elements. Without clear evidence of intent to deceive, the state may have a weak case.

Common Types of Fraud Cases in New York City

Each fraud charge carries specific legal requirements and defenses. A New York City fraud attorney tailors their approach depending on the allegations involved:

• Insurance Fraud: Allegations may include submitting false claims, inflating damages, or staging accidents. Prosecutors often rely on internal insurance investigations.
• Identity Theft: Accusations can stem from unauthorized use of personal information to open accounts, secure credit, or conduct financial transactions.
• Credit Card Fraud: Includes using stolen or forged cards, account takeovers, or exploiting skimming devices.
• Welfare Fraud: Often charged when individuals are accused of misreporting income or household information to receive public benefits.
• Securities Fraud: Involves manipulation or misrepresentation in connection with stocks, investments, or trading.
• Healthcare Fraud: Commonly includes false billing, phantom treatments, or kickback arrangements among medical providers.
• Real Estate and Mortgage Fraud: May involve forged documents, inflated appraisals, or misrepresentation on loan applications.

In each scenario, a New York City fraud lawyer investigates the facts, reviews the state’s evidence, and determines the most strategic course of action.

Consequences of a Fraud Conviction

Convictions for fraud can be life-altering. Penalties vary depending on the charge but may include:

• Incarceration (jail or prison)
• Probation
• Significant fines and restitution
• Seizure of assets
• Loss of professional licenses
• Permanent criminal record

For professionals such as doctors, accountants, or financial advisors, a conviction can end a career. A New York City fraud lawyer helps avoid these consequences by negotiating reduced charges or contesting the case in court.

Felony vs. Misdemeanor Fraud Charges

Whether a fraud charge is classified as a misdemeanor or felony depends on factors such as the amount of money involved, whether the defendant has prior convictions, and the nature of the alleged scheme.

• Petit larceny and minor fraud-related offenses may be charged as misdemeanors, punishable by up to one year in jail.
• Grand larceny, felony-level fraud, and crimes involving government agencies or public funds can lead to multi-year prison sentences.

A New York City fraud attorney works to reduce felony charges to misdemeanors where possible or seek alternative outcomes such as diversion or dismissal.

Potential Defenses for Fraud Charges in New York City

Facing fraud charges in New York requires an understanding of potential defenses that can be employed to protect one's rights. Common defenses include proving the absence of intent to defraud, demonstrating that the alleged acts did not deceive or mislead, or challenging the credibility and sufficiency of the evidence. Additionally, it may be possible to argue that any gains were not intended or that the accusations stem from a misunderstanding or misrepresentation by another party.

Another possible defense strategy is questioning the investigation's legality, including any breaches in protocol or rights violations during the process. With experienced legal counsel, such as H. Benjamin Perez & Associates, P.C., defendants can develop a comprehensive defense strategy tailored to the specific circumstances surrounding their charges. By methodically dismantling the prosecution's case, it's possible to achieve more favorable outcomes, potentially including reduced penalties or even acquittal.

Impact of Fraud Convictions on Your Future in New York

Convictions related to fraud can have long-lasting repercussions beyond immediate legal penalties. Beyond fines or imprisonment, individuals may face challenges in securing employment, obtaining professional licenses, and maintaining personal and business relationships. A fraud conviction can severely impact one's creditworthiness and lead to difficulties in property acquisition or financing in the future.

It is critical to work proactively to mitigate these potential consequences, ideally by avoiding conviction altogether through a robust defense strategy. However, in cases where a conviction cannot be avoided, exploring options for record sealing or expungement in the future can help in gradually restoring one's standing. H. Benjamin Perez & Associates, P.C. is committed to providing the necessary support and guidance throughout this process, focusing on reducing the long-term impacts on clients’ lives.

A skilled New York City fraud attorney can step in immediately to defend your reputation and freedom. Call (646) 770-0989 or contact us online today for a confidential consultation.

FAQs About Fraud Defense in New York City

What Should I Do If I Am Accused of Fraud in NYC?

If you find yourself accused of fraud in New York City, acting swiftly and thoughtfully is critical. First and foremost, avoid making statements or admissions to law enforcement without legal counsel present. Contact a fraud lawyer in New York City as soon as possible to discuss your situation. An experienced attorney can advise you on your rights, potential defenses, and the steps you need to take immediately to protect your legal interests. Every statement or action can have significant implications, so having professional guidance is crucial.

How Serious Are Fraud Charges in New York City?

Fraud charges in New York City can range from misdemeanors to serious felonies, depending on the nature and scope of the alleged activities. Felony charges can result in significant prison time and fines, as well as a lasting impact on your personal and professional life. The seriousness of the charge is often determined by the amount of money involved, the complexity of the fraudulent scheme, and the defendant's criminal history.

Can a Fraud Conviction Be Expunged in New York City?

In New York City, expungement laws can be restrictive, particularly for fraud-related convictions. However, under certain circumstances, it may be possible to seal criminal records, limiting public access to conviction information. This process can be complex and is subject to eligibility criteria, including the nature of the conviction and the amount of time that has elapsed. Legal counsel can help assess your eligibility and guide you through the process.

What Are Some Common Defenses Against Fraud Charges in New York City?

Defenses against fraud charges can include lack of intent, mistaken identity, duress, or entrapment. Additionally, insufficient evidence or procedural violations during the investigation can be pivotal in challenging the prosecution's case. For individuals accused of fraud, collaborating with experienced lawyers like those at H. Benjamin Perez & Associates, P.C. can help identify the most viable defenses and develop a tailored defense strategy.

How Can I Protect My Rights If I'm Under Investigation for Fraud?

If you are under investigation for fraud, protecting your rights is paramount. Refrain from discussing the details of your case with anyone outside your legal counsel, as comments can be misconstrued or used against you. It is crucial to gather all relevant documents and evidence that may support your defense and to cooperate with your attorney in developing a strategic response. By engaging with a knowledgeable legal team, you can ensure that your rights are preserved throughout the investigation process.

Hire an NYC Criminal Defense Attorney Today for Fraud Cases

We have been assisting people for years in the New York City area when they have been accused of committing fraud. In order to get a conviction, the prosecution must prove that there was an intention to deceive and profit from the deception. We will immediately review all purported evidence against you and energetically work to counter it. Building a strong criminal defense on your behalf requires action as soon as possible.

Even the accusation of fraud can damage your career and future. A knowledgeable New York City fraud attorney can build a strong case in your defense. Call (646) 770-0989 or reach out online for a case evaluation today.