White Collar Crimes
Bribery
Bribery is a felony offense under New York State Law. Bribery charges result from either offering money or favor in order to influence the conduct or judgment of a person of trust or accepting such a bribe. Regardless of your role in bribery, you could be facing serious criminal charges. If you have been accused of bribery, you should retain legal counsel immediately. Even if you haven’t been formally charged yet, it is never too early to consult with an attorney about your legal options. Citizens or businesses charged with bribery should seek representation from an experienced criminal defense attorney skilled at arguing in court and settling cases.
Bribery in the Third Degree
A person is guilty of bribery in the third degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant’s vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will thereby be influenced. Bribery in the third degree is a class D felony.
Bribery in the Second Degree
A person is guilty of bribery in the second degree when he confers, or offers or agrees to confer, any benefit valued more than ten thousand dollars upon a public servant upon an agreement or understanding that such public servant’s vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will thereby be influenced. Bribery in the second degree is a class C felony.
Bribery in the First Degree
A person is guilty of bribery in the first degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant’s vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or an attempt to commit any such class A felony. Bribery in the first degree is a class B felony.
Credit Fraud
When a person learns they are being charged with or accused of credit fraud, a criminal attorney knowledgeable about and experienced with the New York Penal Law will have many questions to best implement the strongest defense on your behalf. First, there is no crime of or codified as “Credit Fraud” in New York. Instead, an arrest or indictment involving these activities can involve the entire spectrum of White-Collar crimes.
- Fraudulent disposition of property subject to a conditional sale contract
- Fraudulent disposition of mortgaged property
- Fraud involving a security interest
- Fraud in insolvency
Forgery
Under New York law, forgery occurs when a person, with the intent to defraud, deceive or injure another person, falsely makes, completes, or alters a written instrument. A written instrument is legally defined as any instrument or article (including computer data or a computer program) containing a written or printed matter or its equivalent that is used for the purpose of reciting, embodying, conveying, or recording information, or constituting a symbol or evidence of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person. Under New York law, the government needs to prove beyond a reasonable doubt that the person committed the forgery to sustain a conviction.
Healthcare Fraud
Under New York and Federal law, Healthcare fraud is a crime that involves illegally obtaining a benefit from a health plan. It is prosecuted in both federal and state courts. U.S. Attorney’s Office, State Attorney General’s Office, and local district attorneys all investigate and prosecute Healthcare Fraud. Furthermore, the Federal Bureau of Investigations is the primary agency that investigates these cases. These investigations are often done in partnership with state and local law enforcement and the U.S. Department of Health and Human Services Office of Inspector General. Sometimes, insurance companies also participate in these investigations.
Healthcare Fraud in the Fifth Degree
A person is guilty of health care fraud in the fifth degree when, with intent to defraud a health plan, he or she knowingly and willfully provides materially false information or omits material information for the purpose of requesting payment from a health plan for a health care item or service and, as a result of such information or omission, he or she or another person receives payment in an amount that he, she or such other person is not entitled to under the circumstances. Health care fraud in the fifth degree is a class A misdemeanor.
Healthcare Fraud in the Fourth Degree
A person is guilty of health care fraud in the fourth degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds three thousand dollars in the aggregate. Health care fraud in the fourth degree is a class E felony.
Healthcare Fraud in the Third Degree
A person is guilty of health care fraud in the second degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds fifty thousand dollars in the aggregate. Health care fraud in the second degree is a class C felony.
Healthcare Fraud in the Second Degree
A person is guilty of health care fraud in the first degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds one million dollars in the aggregate. Health care fraud in the first degree is a class B felony.
Insurance Fraud
Insurance fraud is a wide-ranging term that covers a range of what are considered white-collar crimes. These crimes are aggressively prosecuted by the Assistant District Attorneys across New York. If you have been charged with such a crime, it is important that you consult with an experienced criminal defense attorney. Insurance fraud cases can result in substantial fines and felony charges in circumstances deemed the most severe. The severity of the charge has to do with the value of the funds or property that were fraudulently obtained.
Insurance Fraud in the Fifth Degree
A person is guilty of insurance fraud in the fifth degree when he commits a fraudulent insurance act. Insurance fraud in the fifth degree is a class A misdemeanor.
Insurance Fraud in the Fourth Degree
A person is guilty of insurance fraud in the fourth degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains, or withholds, or attempts to wrongfully take, obtain, or withhold property with a value more than one thousand dollars.
Insurance fraud in the fourth degree is a class E felony.
Insurance Fraud in the Third Degree
A person is guilty of insurance fraud in the third degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains, or withholds, or attempts to wrongfully take, obtain, or withhold property with a value more than three thousand dollars.
Insurance fraud in the third degree is a class D felony
Insurance Fraud in the Second Degree
A person is guilty of insurance fraud in the second degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains, or withholds, or attempts to wrongfully take, obtain, or withhold property with a value more than fifty thousand dollars.
Insurance fraud in the second degree is a class C felony.
Insurance Fraud in the First Degree
A person is guilty of insurance fraud in the first degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains, or withholds, or attempts to wrongfully take, obtain, or withhold property with a value more than one million dollars.
Insurance fraud in the first degree is a class B felony.
Mortgage Fraud
Mortgage fraud encompasses a broad range of conduct that involves negligent or fraudulent behavior relating to a home loan, refinance, or home equity transaction. A range of individuals can be involved in a mortgage transaction, including the mortgage broker, a real estate broker, a title company, a home inspector, an appraiser, and attorneys. Any of these individuals can engage in fraudulent behavior, causing financial hardship for a consumer or businessperson.
Residential Mortgage Fraud in the Fourth Degree
A person is guilty of residential mortgage fraud in the fourth degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of one thousand dollars. Residential mortgage fraud in the fourth degree is a class E felony.
Residential Mortgage Fraud in the Third Degree
A person is guilty of residential mortgage fraud in the third degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of three thousand dollars. Residential mortgage fraud in the third degree is a class D felony.
Residential Mortgage Fraud in the Second Degree
A person is guilty of residential mortgage fraud in the second degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of fifty thousand dollars. Residential mortgage fraud in the second degree is a class C felony.
Residential Mortgage Fraud in the First Degree
A person is guilty of residential mortgage fraud in the first degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of one million dollars. Residential mortgage fraud in the first degree is a class B felony.
Welfare Fraud
Under New York State law, a person engages in welfare fraud when they knowingly participate in fraudulent acts to obtain or take public assistance benefits. These benefits are defined as and can be in the form of money, property, or services that are directly or indirectly provided by the federal or state government and administered by the department of social services or social services district. They include Medicaid, the food stamp program, financial assistance, housing benefits, and HEAP (Home Energy Assistance Program).
Sometimes welfare fraud is perpetrated by an individual, or by a group of organized individuals in large-scale benefit fraud schemes. The most common form is to intentionally apply for benefits while providing false information about the status of the hardship of an individual or individual’s face(s).
Common acts that fall under this category:
- Failing to report a member of the same household
- Failing to properly report income
- Claiming non-existent dependents
- Providing false information on a person’s ability to work
Welfare Fraud in the Fifth Degree
A person is guilty of welfare fraud in the fifth degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits. Welfare fraud in the fifth degree is a class A misdemeanor.
Welfare Fraud in the Fourth Degree
A person is guilty of welfare fraud in the fourth degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds one thousand dollars. Welfare fraud in the fourth degree is a class E felony.
Welfare Fraud in the Third Degree
A person is guilty of welfare fraud in the third degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds three thousand dollars. Welfare fraud in the third degree is a class D felony.
Welfare Fraud in the Second Degree
A person is guilty of welfare fraud in the second degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds fifty thousand dollars. Welfare fraud in the second degree is a class C felony.
Welfare Fraud in the First Degree
A person is guilty of welfare fraud in the first degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds one million dollars. Welfare fraud in the first degree is a class B felony.
Criminal Use of a Public Benefit Card in the First Degree
A person is guilty of criminal use of a public benefit card in the first degree when he or she, pursuant to an act or a series of actions, knowingly (i) obtains three or more public benefit cards from another or others in exchange for a benefit, or (ii) transfers or delivers three or more public benefit cards to another or others in exchange for money or a controlled substance as defined in subdivision five of section 220.00 of this chapter. The criminal use of a public benefit card in the first degree is a class E felony.
Criminal Use of a Public Benefit Card in the Second Degree
A person is guilty of criminal use of a public benefit card in the second degree when he or she knowingly:
- Loans money or otherwise provides property or services on credit and accepts a public benefit card as collateral or security for the repayment of such loan or for the provision of such property or services;
- Obtains a public benefit card in exchange for a benefit; or
- Transfers or delivers a public benefit card to another (a) in exchange for money or a controlled substance as defined in subdivision five of section 220.00, or (b) for the purpose of committing an unlawful act.
Criminal use of a public benefit card in the second degree is a class A misdemeanor.
Criminal Possession of Public Benefit Cards in the Third Degree
A person is guilty of criminal possession of public benefit cards in the third degree when he or she, with intent to defraud, deceive or injure another, knowingly possesses five or more public benefit cards in a name or names other than the person’s own name. Criminal possession of public benefit cards in the third degree is a class E felony.
Criminal Possession of Public Benefit Cards in the Second Degree
A person is guilty of criminal possession of public benefit cards in the second degree when he or she, with intent to defraud, deceive or injure another, knowingly possesses ten or more public benefit cards in a name or names other than the person’s own name. Criminal possession of public benefit cards in the second degree is a class D felony.
Criminal Possession of Public Benefit Cards in the First Degree
A person is guilty of criminal possession of public benefit cards in the first degree when he or she, with intent to defraud, deceive or injure another, knowingly possesses twenty-five or more public benefit cards in a name or names other than the person’s own name. Criminal possession of public benefit cards in the first degree is a class C felony.
