According to New York Penal Law Section 177.30:
"In any prosecution under this article, it shall be an affirmative defense that the defendant was a clerk, bookkeeper or other employee, other than an employee charged with the active management and control, in an executive capacity, of the affairs of the corporation, who, without personal benefit, merely executed the orders of his or her employer or of a superior employee generally authorized to direct his or her activities."
Somewhat similar to the statutory defined defense to Falsifying Business Records (a possible crime that one might face if charged with Health Care Fraud), this potential defense may be set forth if one is an employee, as described above, was following the orders of a superior and obtained no personal benefit such as compensation, time off, etc.
What is important to note, however, is that the above affirmative defense does not mean that one who fits the description above automatically cannot be prosecuted or convicted of Health Care Fraud. Instead, this defense can be presented and established by a defendant at trial where the statute would ultimately permit an acquittal if established.
The analysis of this affirmative defense is very brief and vague. If you are charged with Health Care Fraud pursuant to Article 177 and you believe this defense may be applicable to you or your circumstances, consult with your attorney to assess if and how this defense may assist you in your particular case.
The NY criminal defense attorneys at Crotty Saland LLP represent clients throughout the New York metropolitan area. Founded by two Manhattan criminal defense lawyers who served in the New York County District Attorney's Office, Crotty Saland LLP is located in downtown New York City.
]]>It is alleged in a 327 count indictment that Arias, the owner of Club Kalua, along with the other individuals used stolen identities to buy and sell three separate properties in Queens County. Not only are these individuals alleged to have used fraudulent identification to perpetrate their crimes while posing as buyers and sellers of real estate, one of the alleged stolen identities belonged to a deceased person.
According to the Queens District Attorney's Office press release:
"An investigation revealed that the property was allegedly sold during a closing on July 13, 2006, that began in an attorney’s office in Westbury but concluded that evening in a restaurant parking lot in Deer Park, Long Island. It is alleged that three unidentified individuals showed up at the closing with fake identification and pretended to be the two actual homeowners (one of whom had died three months earlier) and the buyer. The house was sold for $500,000, of which $340,948 was due the two homeowners – less their existing mortgage. However, it is alleged that $250,0000 of that amount went to Duran – who organized and was present at the closing – and her co-conspirators."
"The investigation further revealed that a mother and daughter had been in contract with the defendant and real estate broker, Roger Arias, about purchasing a house. Although the women provided Arias with their personal identification information, they ultimately decided to return to the Dominican Republic without buying a house. However, at a closing held on December 15, 2006, the owner of a property located at 56-10 Waldron Street in Corona allegedly sold his home for $701,000 to a woman who purported to be the older Dominican woman. It is alleged that Arias allegedly stole the woman’s identity and had an unidentified individual use it to purchase the Corona property, of which Duran and her co-conspirators allegedly received approximately $50,000 from the sale of the property."
"Finally, according to the investigation, a third property located at 116-36 139th Street in Jamaica was purchased – allegedly with the assistance of Duran – using an imposter-buyer who had stolen the identity of an elderly woman living in Puerto Rico. A closing for the property was allegedly held on April 20, 2007, at which time the true owner of the home sold it for $550,000 ostensibly to the elderly woman. In fact, the woman was the victim of identity theft and has never traveled to the United States. Duran and her co-conspirators allegedly received approximately $50,000 from the sale of the property."
The defendants are charged with Grand Larceny in the Second Degree, Identity Theft in the First Degree, Forgery in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree and Falsifying Business Records in the First Degree. Grand Larceny in the Second Degree is a "C" felony punishable by up to 15 years in prison. Identity Theft in the First Degree, Forgery in the Second Degree and Criminal Possession of a Forged Instrument in the Second Degree are "D" felonies punishable by up to 7 years in prison while Falsifying Business Records in the First Degree is an "E" felony punishable by up to 4 years in prison.
Crotty Saland LLP is a New York criminal defense firm. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.
As a supervisor at NYCTA, Jackson's responsibilities included overseeing a staff of ten. Her responsibilities included setting up independent medical examinations for individuals who were suing NYCTA. Headley, no longer a prosecutor, had his own firm, Advance IME Co. This company provided the Torts Division of the NYCTA Law Department with independent medical examinations. Additionally, if necessary, Headley's company also provided medical records and expert witnesses at trial. It is alleged that from from 2007 through 2008, Jackson instructed her staff to direct business to Advance IME Co. and to approve billing and invoices to Headley's company. As a result, prosecutors contend that $98,000 was stolen from NYCTA. In return for this business, Headley allegedly paid for Jackson's personal expenses including her electric and gas bills.
In addition to the above indictment, a second indictment accuses Jackson, Headley and Ilarraza of stealing $50,000 from NYCTA from 2005 through 2007. In that indictment, it is alleged that Jackson approved inflated or increased bills from Illarraza's company, AJI Records Retrieval. AJI Record Retrieval assisted in the tracking and location of medical records. It is alleged that Jackson received half of the money illegally generated by the fraudulent bills.
The defendants each face the charges of Grand Larceny in the Second Degree, a "C" felony punishable by up to 15 years in prison, and Falsifying Business Records in the First Degree as well as Offering a False Instrument for Filing in the First Degree, both "E" felonies punishable by up to 4 years in prison.
Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.
]]>Although he has yet to be sentenced, this plea marks the end of a ongoing saga for Mr. Halderman, Mr. Letterman and the employee who was in the middle of the conflict. I am confident there will be ample speculation as to why both a relatively low plea recommendation was made and why Mr. Halderman accepted such a plea (Mr. Halderman had faced no minimum term of incarceration, but up to 5 to 15 years in state prison). That being said, I believe Mr. Halderman and his attorney recognized that the "screenplay defense" wasn't going to fly. Moreover, instead of recommending a state prison sentence where Mr. Halderman would have had no other choice but to take the case to trial, the prosecution may have wanted to spare Mr. Letterman and the employee any further embarrassment.
Mr. Halderman's attorney unquestionably advocated for his client and fought as best he could to either have the case dismissed or reduced to avail his client of the best possible disposition. Once all legal and factual avenues have been zealously, but unsuccessfully, pursued, sometimes a criminal lawyer must advise the client that he or she should consider a little "medicine" rather than proceeding to trial where the likelihood of success may be significantly reduced.
For further information on Grand Larceny by Extortion and the "New York Extortion Primer" follow this link.
For further blog entries on the Letterman/Halderman case follow this link.
For Jeremy Saland's commentary on the Letterman/ Halderman case for the LA Times follow this link.
Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.
]]>A person is guilty of Unauthorized Use of a Vehicle in the Third Degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle. A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent
Unauthorized Use of a Vehicle in the Third Degree is a class "A" misdemeanor punishable by up to one year in jail.
NY PL 165.06 - Unauthorized Use of a Vehicle in the Second Degree
A person is guilty of Unauthorized Use of a Vehicle in the Second Degree when he commits the crime of Unauthorized Use of a Vehicle in the Third Degree as defined in subdivision one of section 165.05 of this article (above) and has been previously convicted of the crime of Unauthorized Use of a Vehicle in the Third Degree as defined in subdivision one of section 165.05 or Second Degree within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felony punishable by up to four years in prison.
Now that you have a basic understanding of the crime(s) of Unauthorized Use of a Vehicle, I will address an interesting issue that recently played out before a New York Supreme Court Criminal Term.
]]> In People v. Pride, indictment number 7885/2009, a Kings County (Brooklyn) Supreme Court Judge addressed the issue of whether the crime of Unauthorized Use of a Vehicle is established where the vehicle in question had not been moved and there was no attempt to operate the vehicle. In Pride, the defendant was alleged to have been observed by the owner in the owner's vehicle rifling through the car. The car was in the same place where the owner parked it and was not being moved. Additionally, a handle was broken on one of the doors.The court noted that "recent cases have held that mere entry or presence in a parked vehicle, without evidence of operation of the car or ability to do so, even where there is evidence of theft from the vehicle, is insufficient to establish [U]nauthorized [U]se of a [v]ehicle." Citing an Appellate Court decision.
Recognizing that "control" of a vehicle was an issue when assessing the sufficiency of the Unauthorized Use offense in the indictment before the court, the judge considered another Appellate Court decision that found that "momentary presence in or about a vandalized automobile cannot, without more, provide the basis for a finding that [defendant] exercised dominion and control over the vehicle…."
In finding that the crime of Unauthorized Use of a Vehicle was not established the court stated:
"The question remains whether the defendant's entry into another's car and his brief residence therein constitutes a 'use' in the sense of an exercise of dominion and control of the car. In the instant case the defendant did not obtain the means to set the car's mechanism in operation, nor is there any evidence, such as possession of a tool designed to bypass the car's ignition system, of an intent to operate the car. The defendant's presence in the car was transitory and did not, beyond the fact of his unauthorized entry, exclude the proprietor from use or occupancy of the car, even temporarily. The damage to the car and the possession of a common tool which may have been used for a variety of purposes, including forcing the glove compartment or removing the radio, are charged as separate offenses…." People v. Butler, 119 Misc. 2d 1071, 1074 (N.Y. Sup. Ct. 1983).
Obviously, barring the typical "joyride" scenario, if you are accused of Unauthorized Use of a Vehicle consult with a criminal defense lawyer to ascertain whether your "use" and "control" falls into the parameters as addressed above.
The criminal defense lawyers at Crotty Saland LLP represent clients throughout the New York City region. Both of our founding criminal defense attorneys served as prosecutors in the Manhattan District Attorney's Office prior to starting the firm.
]]>While D'Angleo will probably end up steering clear of this rap, Lil Wayne, a/k/a, Dwayne Carter, was not so lucky. Earlier today he was finally sentenced to jail in connection to his plea for possessing a firearm in New York without the requisite permit. Unlike state prison where one does more time before one is eligible for parole, it is likely that Lil Wayne will get out of jail well before his year sentence is up. In fact, with good behavior he may get out in time for Thanksgiving 2010 where D'Angelo could spot him $40 for a turkey.
Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.
For further information on the laws of Escort Services and Prostitution in New York, follow the link.
For further information on the laws of Gun and Weapon Possession in New York, follow the link.
According to the Queens District Attorney's Office press release, Mr. McEntee, wrongfully portraying himself to be an attorney, and Ms. Mora, allegedly scammed twelve property owners out of $16 million in assets including properties in New York, Pennsylvania, Texas and California. "[A] ccording to the criminal charges, an unapprehended individual introduced McEntee to the victims as an investor who was looking to buy properties for his corporations – Clarity Corporate Trust and Conveyance Corporate Trust. During the introductions, McEntee allegedly claimed to be an attorney, an accountant and a banker and introduced Mora as either his fiancee or wife. In some cases, it is alleged, while negotiating the cash sales of the properties, McEntee also offered to buy the victims’ high-end vehicles – such as Mercedes Benzs, Mustangs and SUVs – and expensive house furnishings. McEntee also allegedly told some of the victims that for corporate tax reasons if they brought money or other valuables to the closing, he would issue them a check for double the value which would be in the payment check for the properties. In each instance, the certified corporate checks drawn on an HSBC bank account that the defendants allegedly provided to the victims at the closings were deemed forged."
Beyond the properties, some of the alleged victims were duped into turning over over $300,000 in cash as well as jewelry and mink coats.
The defendants are charged with Grand Larceny in the First, Second, Third and Fourth Degree, punishable by up to 25, 15, 7 and 4 years in prison respectively. They are also charged with Criminal Possession of Stolen Property in the Second Degree, punishable by up to 15 years in prison as well as Criminal Possession of a Forged Instrument in the Second Degree, punishable by up to 7 years in state prison.
Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York region.
]]>Although the most recent arrests and allegations stem from the Queens County District Attorney's Office, the purpose of such a unit or bureau has once again been made clear. According to the Queens County District Attorney's Office, twelve individuals, including five employees at PC Richards and Sons, have been arrested and indicted in a fraudulent credit card "bust out" scheme. The 92 count indictment charges Raza Chaudry, Reema Chaudry, Tahir Chaudry, Azadar Chaudry, Zishan Chaudry, Shaheen Akhtar. Hemet Adnand, Mathew Alli, Mohammad Aslam, David Francis, Benzy Jonny and Sheikh "Naveed" Zaheer with crimes including Grand Larceny, Criminal Possession of a Forged Instrument, Falsifying Business Records and Offering a False Instrument for Filing. Although they are not charged with the technical crime of Identity Theft, it is alleged that the "bust out" scheme involved stolen social security numbers. According to the Queens District Attorney's Office, a search warrant resulted in the recovery of "Pakistani passports belonging to several of the defendants and bearing multiple names and dates of birth, blank Social Security cards, Canadian and New York driver’s licenses and binders containing in excess of 300 credit cards."
Briefly, a "bust out" scheme involves transactions on a credit car where the credit card is "swiped" and a transaction is completed. The credit card company pays the merchant for the transaction or purchase. There are numerous variations going forward. For example, a "collusive merchant" may be aware that the card swiped is fraudulent. However, the merchant will get paid by the credit card company and claim he sold the items and he should not be at a loss because he did not know the card was fraudulent. Therefore, the merchant keeps the money from the alleged legitimate transaction without selling anything and shares the fee with fake buyer.
Another variation is alleged in this case. It appears that fraudulent checks were used to increase credit lines on credit cards. In an example of this, an individual takes out a credit card in another person's name without their permission, or in some circumstances pays that person to use their information. Sometimes legitimate transactions are made thereby raising the credit of the card over time. At some point a payment is made to the credit card, but with a bad check. Because of relaxed regulations, once the check hits the account and before there is a determination that the check is "good," the credit card company credits the account in the amount of the check. Therefore, there is a window of time before the check bounces that the credit card balance is falsely lowered. During this time, the fraudster can make further purchase. Once the credit card company realizes is, the items are gone. This cycle often continues with fake checks until a credit card with a limit of $5,000 is "busted out" in the amount of $25,000. Often times these schemes are not one or two credit cards, but a network of individuals with dozens or hundreds of credit cards. As a prosecutor in Manhattan, I led a similar investigation with the Secret Service into a particular scheme involving well north of 100 credit cards with "bust out" fraud in the multiple millions.
]]> In the instant case pending in Queens County, District Attorney Brown stated that:“According to the indictment, armed with wallets filled with bogus credit cards and with the assistance of a handful of dishonest employees, the defendants ripped off P.C. Richards alone of more than $100,000 in merchandise, which was then shipped halfway around the world and sold for pure profit. In other instances, the defendants are accused of using the fraudulent cards to get cash advances at banks or working with dishonorable merchants who would provide no merchandise but instead give them a percentage of the charged amount in cash.”
The alleged scheme transpired as follows:
"The indictment charges that Raza Chaudhry, along with his wife, Reema Chaudhry, his sons Zishan and Amjad Chaudhry and his brother Zahir engaged in a criminal operation in which they applied for credit cards using false or synthetic identification with invalid or stolen Social Security numbers. A synthetic identification is created when a person filling out a credit card application uses a name and a social security number which either is bogus or belongs to an innocent victim. In this case it is alleged that Zishan Chaudhry created forged verification documents – such as Social Security cards, utility bills, pay stubs and college enrollment bills – which were then submitted to the various credit card companies from the fax machine at his and his parents’ residence, located at 114-15 Dalian Court in College Point. It is alleged, however, the mailing addresses associated with the applied for cards were various mail drops in Queens County and elsewhere."
"It is additionally alleged that once the cards were received, they were activated by Azadar Chaudhry who then put the cards to work either by adding numerous additional synthetic identities as authorized users – in order to legitimately build up the cards’ credit and the credit worthiness of the synthetic identities so more cards could be applied for in those names – or “bust” the cards out – depending on the available credit for the cards. In either case, once a card was at a sufficient credit level, the Chaudhrys or their associates would allegedly “flood” the account with fraudulent payments every few days. In one instance, Shaheen Akthar, a Chaudry associate, was observed on bank surveillance video depositing fraudulent checks into a Citibank account and attempting to use a fraudulent card at P.C. Richards. It is alleged that once the cards were flooded using bogus checks, the Chaudhrys and their associates would use the short time between when the payments were made and the checks bounced to make thousands of dollars in purchases – usually high-end electronics and jewelry – or either take money out of the accounts as cash advances or perform “ghost swipes,” where, acting with collusive merchants, credit cards were swiped but no actual merchandise was purchased. The collusive merchant would then allegedly give the swiper a percentage of the charged amount in cash. In these cases, the cards were used to three and four times their actual credit limits, making a $3,000 card worth $12,000. It is alleged that one collusive merchant who performed numerous “ghost swipes”was Sheikh Zaheer who worked at MRR Wireless, a wireless phone supplier in Flushing, Queens. In addition, it is alleged that Zaheer sold numerous “sim” cards to be used with the various phones that the Chaudhrys were operating in conjunction with the credit card fraud."
"It is further alleged that the Chaudhrys were working with a group of collusive employees at P.C. Richards and Son stores located on Long Island (Carle Place and Elmont) and College Point, Queens. It is alleged that over the course of the investigation the Chaudhrys, in collusion with store employees Benzi Jonny, Hement Adnand and Mathew Alli at the Carle Place store, Mohammed Aslam at the Elmont location and David Francis at the College Point location, stole more than $100,000 in merchandise through the use of fraudulent credit cards. In order to keep their managers in the dark, it is alleged that the P.C. Richards employees maintained open invoices using just one individual’s name to hide the fact that numerous credit cards with different names were being used in succession to make purchases. Once the electronics and other merchandise were obtained, the Chaudhrys would allegedly ship the merchandise to Lahore – where many of the items, such as cell phones and computers were not readily available – and sell them at a profit."
Crotty Saland LLP is a criminal defense firm located in New York. Jeremy Saland, one of the two Manhattan prosecutors who founded Crotty Saland LLP, served in the Identity Theft Unit investigating and prosecuting Identity Theft crimes including credit card "bust outs," "identity takeovers," and a variety of other complex and multi-jurisdictional fraud schemes.
]]>A person is guilty of Computer Trespass when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and:
1. he or she does so with an intent to commit or attempt to commit or further the commission of any felony; or
2. he or she thereby knowingly gains access to computer material.
Computer trespass is a class E felony punishable by up to four years in state prison.
Although the crime of Computer Trespass, like all computer related offenses, has specific and special definitions to elements found in the statute, one of the most important terms in this statute is "without authorization" as it is a defense to this crime if a person had reasonable grounds to believe that he or she in fact had authorization to use the computer. See New York Penal Law 156.50(1).
Pursuant to New York Penal Law 156.00(8):
“'Without authorization' means to use or to access a computer, computer service or computer network without the permission of the owner or lessor or someone licensed or privileged by the owner or lessor where such person knew that his or her use or access was without permission or after actual notice to such person that such use or access was without permission. It shall also mean the access of a computer service by a person without permission where such person knew that such access was without permission or after actual notice to such person, that such access was without permission."
"Proof that such person used or accessed a computer, computer service or computer network through the knowing use of a set of instructions, code or computer program that bypasses, defrauds or otherwise circumvents a security measure installed or used with the user's authorization on the computer, computer service or computer network shall be presumptive evidence that such person used or accessed such computer, computer service or computer network without authorization."
Computer Trespass, like other cybercrimes, is an offense with serious ramifications. The above statute(s) do not encompass all the nuances and underlying definitions for this crime. Moreover, because cybercrimes and computer crimes are constantly reinventing themselves, a review of applicable case law may be relevant when assessing the viability of the charges against you as well as the potential defenses.
Crotty Saland LLP is a New York criminal defense firm. Founded by two former prosecutors who served in the Trial Division, Identity Theft Unit and Special Prosecutions Bureau of the Manhattan District Attorney's Office, Crotty Saland LLP represents clients in white collar and fraud related crimes throughout the New York City region.
For further information on Identity Theft and related crimes follow this link.
For Further information on Computer Trespass and related computer crimes follow this link.
]]>From the perspective of law enforcement, a bureau such as this is a much needed arm of the District Attorney's Office. The original unit, founded by two outstanding attorneys and prosecutors no longer with the office, was on the forefront of cybercrime and identity theft investigations when it was created in 2004. Having been one of the original prosecutors assigned to the Identity Theft Unit and the Major Case Section upon their respective creations, I not only learned from these two prosecutors and obtained training in forensics and the investigation of computer crimes, but witnessed firsthand the ease by which these crimes were perpetrated and the creativity of those who sought to benefit from this criminality. The transition of this unit into the new bureau not only displays District Attorney Vance's recognition of the magnitude of these types of crimes, but is a testament to the dedication, work and efforts of the two founders of the unit as well as those currently working there, to bring the Manhattan District Attorney's Office into the new era of identity theft and cybercrime investigations.
As a criminal defense attorney in New York with extensive experience in these types of crimes, I recognize I will have an adversarial role with the bureau representing my clients and zealously advocating for them regardless of the fraud they stand accused of. Despite this adversarial relationship, from the perspective of an everyday New Yorker, I also acknowledge that District Attorney Vance is doing a service to Manhattan and beyond by taking the old unit into the next generation of cybercrime and identity theft investigations.
For more information on Identity Theft and Computer crimes please follow the respective links.
Crotty Saland LLP is a New York criminal defense firm representing clients throughout the New York City region. Crotty Saland LLP was founded by two former Manhattan prosecutors.
]]>Although the reports do not appear to indicate Mrs. Adams suffered a serious injury, as I noted in a previous blog entry, when one uses a dangerous instrument (a door can constitute as such) to perpetrate the crime of Assault in the Third Degree, the offense can be elevated to a "D" felony of Assault in the Second Degree, pursuant to New York Penal Law section 120.05(2). This crime is punishable by up to seven years in state prison as opposed to the misdemeanor which carries a maximum sentence of one year.
Despite the potential gravity of such an accusation, Mayor Bradley has adamantly maintained that he never mistreated his wife.
For further reading on the crimes of Assault in the Third Degree and Assault in the Second Degree, please read this entry.
Crotty Saland LLP is a New York City based criminal defense firm. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.
]]>For the purpose of today's entry, I will discuss the differences between the potential Manhattan courts that deal with these charges. Again, a Desk Appearance Ticket (DAT) or "pink ticket" summons in Manhattan is returnable to 100 Centre Street, Midtown Community Court or 346 Broadway.
100 Centre Street
The criminal court building houses the majority of the criminal courts in Manhattan. This building is where cases are generally arraigned (where the judge informs you of the charges) and where an accused sees the judges over the course of their pending cases. Desk Appearance Tickets (DAT) in Manhattan are returnable here as well. On the first floor of 100 Centre Street are the arraignment courts. On the date you are to go to court to deal with your desk appearance ticket you should arrive no later than 9:00 am. After going through security, you will wait in the court or outside the courtroom if it is filled to capacity. Sometimes, due to the number of cases being arraigned, the wait can be hours before you see an attorney or the judge. For this reason, and others as well, it is important to retain an attorney ahead of time. Generally, this expedites the process significantly. For more information on 100 Centre Street, follow this link for earlier blog entry.
Midtown Community Court
Located at 314 West 54th Street between 8th and 9th Avenue, Midtown Community Court often handles quality of life crimes in the area of midtown such as Times Square. The closest subway station to Midtown Community Court is the 7th Avenue, B, D or E as well as the 50th Street C or E trains. The offenses prosecuted here are misdemeanors or violations and very often deal with non-violent crimes. Although not felonies, these crimes are still punishable by up to one year jail. Make no mistake, merely because you are being prosecuted in community court by no means make the case less significant. In fact, if the case is not resolved at your arraignment, it may be adjourned to 100 Centre Street. It is important to note that crimes involving Prostitution and Escort Services often remain in Midtown Community Court and are not transferred to 100 Centre Street.
Unlike 100 Centre Street, Midtown Community Court has one court room. Although just as formal, there are significantly less cases prosecuted here and the atmosphere is not as overwhelming. That being said, if your Desk Appearance Ticket (DAT) requires your appearance at 9:30 am, get to court by 9 am because the line to get in often extends outside the building. Moreover, once inside, you will be screened and walk through a metal detector.
In addition to misdemeanors, Midtown Community Court also handles "pink ticket" summonses. Often times these cases are resolved with a fine, community service, a quality of life program or a combination of these sentences.
346 Broadway
Located at - you guessed it - 346 Broadway, the summons court handles most "pink ticket" summonses issued by the police. This court is located between Lafayette Street and Broadway. The entrance is on Leonard Street. The closest subway station is the 6 at Canal Street and the 4,5 or 6 train at Brooklyn Bridge / City Hall. Additionally, the 1 train at Franklin Street, the A or C at Chambers Street or the R or W at City Hall are relatively close. As noted above, if your case is scheduled for 9:30 am, get online by 9:00 am. Not only can the line to go through security extend around the side of the building, once inside, you must go to the second floor and wait on another line. This line is often 25 to 50 people long. When you are done waiting, you turn in your ticket to a clerk who will advise you which court room on the second floor to go to. Because these courtrooms are small, if you are not there early there is a chance you will have to wait in the hallway as there will be no seating.
Like all of the other courts, if you cannot afford counsel one will be provided for you. Having your own counsel, however, often significantly expedites the process. Regardless, each case is handled the same at 346 Broadway as there is no prosecutor, but a retired judge who presides over the cases. These judges are judicial hearing officers who do not necessarily follow the guidelines for similar prosecutions at 100 Centre Street or Midtown Community Court. However, if you and your criminal defense attorney believe your criminal case is being treated unfairly or differently, a request can be made to have that case transferred to 100 Centre Street. This can be discussed with your counsel and may be advisable if the case cannot be resolved appropriately at 346 Broadway.
Although merely a snapshot into the different Manhattan courts, this entry addresses questions often raised by those unfamiliar with the courts. For further information or to educate yourself on Desk Appearance Tickets (DAT) or a summons, check NewYorkDAT.Com regularly for updates to the blog.
Founded by two criminal defense attorneys who previously served as prosecutors in the Manhattan District Attorney's Office, Crotty Saland LLP represents clients throughout the New York City region.
]]>NY PL 185.10, Pursuant to Fraudulent Disposition of Mortgaged Property:
A person is guilty of Fraudulent Disposition of Mortgaged Property when, having theretofore executed a mortgage of real or personal property or any instrument intended to operate as such, he sells, assigns, exchanges, secretes, injures, destroys or otherwise disposes of any part of the property, upon which the mortgage or other instrument is at the time a lien, with intent thereby to defraud the mortgagee or a purchaser thereof.
Fraudulent Disposition of Mortgaged Property is a class "A" misdemeanor punishable by up to one year in jail.
Briefly, for one to perpetrate this crime, one must possess an "intent to defraud." In fact, it has been held that one is not guilty of this crime if one does not possess this fraudulent intent. See People v. Staton, 79 A.D. 634 (2 Dept. 1909) (There was no "intent to defraud" where a mortgagor shipped his mortgaged goods to his spouse who was in another state. The mortgage stipulated this could not be done without the consent of the mortgagee. The mortgagor did not attempt to conceal anything and made voluntary payments on his mortgage. Therefore, there was no "intent to defraud.")
Even if one is found to have the "intent to defraud," it is likely that the crime of Fraudulent Disposition of Mortgaged Property is the least of one's concerns. If one obtains money or property, for example, valued in the tens or hundreds of thousands of dollars, one may also face the crimes of Grand Larceny in the Third and Second Degrees where the punishment may be up to seven or fifteen years in prison respectively. Moreover, a defendant may face additional felonies including, but not limited to, Falsifying Business Records, Forgery and Offering a False Instrument for Filing.
Crotty Saland, LLP is a criminal defense firm representing clients in white collar criminal matters. Founded by two former Manhattan prosecutors, Crotty Saland, LLP is located in New York, NY.
]]>It is alleged that Scott, who recently left the world of television to focus on his medical studies, paid a possible pimp to take a 16 year old and 14 year old to his apartment after meeting them in Times Square. It is further claimed that Scott raped the 14 year old girl as the 16 year old was present in the bedroom.
Scott faces one count of Rape in the Second Degree, a class D felony punishable by up to 2 and 1/3 to 7 years in prison, as well as the misdemeanors of Patronizing a Prostitute in the Third Degree and Endangering the Welfare of a Child. These two crimes are punishable by up to one year in jail. Although I have not seen a copy of the criminal court complaint or the indictment, it appears that the theory of the Rape charge is in line with the applicable law. That is, Scott, who is over 18 years old, had sexual intercourse with a girl who was less than 15 years old. This offense, is not one that involves "forcible compulsion." Although not applicable here, there is an affirmative defense in the New York Penal Law for Rape in the Second Degree where the defendant was less than 4 years older than the victim at the time of the act.
Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.
]]>A defiant AG Cuomo stated:
"In this case, workers were not only ripped off but were also intimidated to make sure they stayed quiet. All workers deserve fair pay and have a right to stand up for themselves. Today’s civil and criminal charges should send a strong message: No one is above the law."
AG Cuomo's calculation that employees are due $1.5 million is based on his office's allegation that 150 employees were forced to work ten or more hours a day without any overtime compensation. Compounding his potential problems, prosecutors claim that Mr. Cohen offered $50,000 to workers to find out who was cooperating with the investigation while other employees were threatened not to cooperate.
As a result of his alleged failure to pay proper wages, falsifying of tax records and threatening of employees, Mr. Cohen is charged with nineteen counts of both Falsifying Business Records in the First Degree and Offering a False Instrument for Filing. These offenses are "E" felonies punishable by up to 1 and 1/3 to 4 years in state prison. Additionally, Mr. Cohen faces numerous misdemeanors, punishable by up to one year in jail, including Tampering with a Witness and Failure to Pay Wages.
Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients in white collar criminal actions throughout the New York City region.
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