New York Criminal Lawyer Blog

According to various reports, David Mejias, the Democrat New York State Senate candidate running against Republican Senator Kemp Hannon in Long Island's 6th Senate District, was arrested earlier today after an alleged "domestic type" incident involving an ex-girlfriend. Mr. Mejias is charged with multiple misdemeanors including Menacing in the Second Degree (New York Penal Law 120.14), Reckless Endangerment in the Second Degree (New York Penal Law 120.20) and Stalking in the Third Degree. These crimes are all "A" misdemeanors punishable by up to a year in jail. While bail was set at $1000, District Attorney Kathleen Rice appointed a special prosecutor due to her relationship with the defendant.

It is alleged that Mr. Mejias, the defendant, drove past his ex-girlfriend and abruptly stopped his vehicle. This caused the ex-girlfriend, the alleged victim / complainant, to do the same with her car. At that point it is further alleged that Mr. Mejias exited his vehicle and and yelled and screamed as he approached the alleged victim. The complainant was able to drive away, but the defendant is alleged to have followed her. After she was able to elude the accused, the ex-girlfriend reported the case to the police and the police arrested Mr. Mejias.

I have blogged numerous times in the past regarding the crime of Reckless Endangerment. As I have stressed, an accusation is merely just that...an accusation and not evidence of guilt. For this particular charge, the prosecution must establish that the defendant acted so recklessly that he created a substantial risk of serious physical injury. In other words, the risk must not merely be a possible one, but a substantial one while the potential injury must be more than merely a bump or bruise. Even if Mr. Mejias' actions were an exhibition of extremely poor judgment, did his reckless action raise to the level where there was a risk of serious physical injury? How fast were they driving? Where there other cars on the road? Was the ex-wearing a seat belt? If so, was the risk diminished? Again, even if Mr. Mejias did drive in this manner and put his ex-girlfriend at risk, was that risk substantial and did it create the potential for serious physical injury?

Menacing in the Second Degree might pose a more difficult problem for the defendant. According to the law, if Mr. Mejias repeatedly followed this ex-girlfriend or engaged in a course of conduct or repeatedly committed acts over a period of time intentionally placing or attempting to place her in reasonable fear of physical injury, serious physical injury or death, then he would be guilty of this crime. There are case decisions that do establish that "course of conduct" need not be over days or weeks, but significantly less time. Having said that, did his alleged yells (what was he screaming and was he threatening to hurt her?) place her in fear of physical injury or worse? Alternative, was she merely annoyed, aggravated or concerned for reasons beyond this physical danger?

Stalking in the Third Degree is similar to Menacing in the Second Degree (assuming the above Menacing offense is the actual subsection charged). Mr. Mejias would be guilty of Stalking if with intent to harass, annoy or alarm his ex-girlfriend, Mr. Mejias intentionally engaged in a course of conduct (yelling, following with car, etc.) directed at his ex-girlfriend which is likely to cause her to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or her kidnapping, unlawful imprisonment or death of a member of of her immediate family.

It is interesting to note, that the New York State Senate recently expelled one of its members, Hiram Monserrate, after he was convicted of a "domestic" crime of a reckless nature that involved his girlfriend. A Queens County Supreme Court Judge found the former Senator and current Assembly candidate guilty of Reckless Assault in the Third Degree pursuant to New York Penal Law 120.00(2). Currently, Kevin Parker, a Brooklyn New York State Senator, is facing felony charges in Brooklyn Supreme Court related to his alleged reckless and intentional acts of Criminal Mischief and Assault. These acts are not alleged to have been "domestic" in nature or involve a current or former girlfriend.

For further information on the crime of Reckless Endangerment and Menacing, including the New York Penal Law as well as legal decisions, please follow the highlighted links (more in depth analysis of Reckless Endangerment can be found in relation to Jet Blue's Steven Slater). Additional information on these crimes can be found on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) by searching for these terms and other terms.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors.

Caroline Giuliani, the former New City Mayor's daughter, obtained an adjournment in contemplation of dismissal (ACD) in court earlier today whereby her case will be dismissed and sealed in six months. New York's Eyewitness News consulted New York criminal defense attorney Jeremy Saland as an "expert" in the arena of New York shoplifting and Petit Larceny (New York Penal Law 155.25) cases.

As noted in the news clip, Mr. Saland indicated that such a disposition is fairly typical where the alleged theft does not exceed $100. However, although it was not mentioned during the broadcast, Mr. Saland further explained that in the event the theft is alleged to have exceeded $100 dollars, the standard offer in Manhattan is often a less forgiving Disorderly Conduct. Furthermore, if the crime involves an alleged theft of $500 to $1000, then the standard offer is at best a "B" misdemeanor of Attempted Petit Larceny.

With twenty years experience as New York criminal defense lawyers and former Manhattan prosecutors, Mr. Saland, and his partner Elizabeth Crotty, have represented and prosecuted hundreds of individuals for all types of New York theft crimes ranging from shoplifting allegations to accusations of Grand Larceny well into the multiple millions of dollars.

For further information on New York theft crimes including shoplifting as well as the various degrees of Grand Larceny in New York, please follow the respective links to extensive information regarding case law, statutes and newsworthy cases.

Crotty Saland LLP is a New York criminal defense firm representing clients throughout the New York City region.

Elizabeth Crotty, a New York criminal defense attorney and former Manhattan prosecutor at Crotty Saland LLP, was a key contributor in a New York Times article regarding the Manhattan District Attorney's Office's Early Case Assessment Bureau (ECAB). Often called the "Complaint Room," ECAB is staffed by prosecutors who assess police arrests in Manhattan and make the ultimate charging decisions. The author of the article addressed some of the issues associated with ECAB and the interactions with prosecutors, police and detectives when cases are being drafted. More specifically, the article addressed recent criminal charges against two police officers and the apparent communication problems when interviews and debriefings are done over the phone as opposed to in person. The article and Ms. Crotty further examined whether problems were based in "miscommunication" or whether, at times, the police give the wrong information or even lie.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal defense lawyers at Crotty Saland LLP represent clients throughout the New York City region.

According to reports, Francisco Rodriguez, a/k/a "K-Rod," a New York Mets' pitcher and closer, was arrested at Citi Field (Mets Stadium) and charged with Assault in the Third Degree (New York Penal Law 120.00). Police arrested K-Rod after he allegedly struck his father-in-law who ultimately suffered a scrape on is face and swelling above his eye. Rodriguez was kept in police custody and held over night. He is scheduled to be arraigned sometime today. This is the second high profile case handled by the Queens District Attorney's Office in the past few days after the arrest of Steven Slater, the JetBlue flight attendant.

Assault in the Third Degree is an "A" misdemeanor punishable by up to one year in jail. Generally, one is guilty of this crime if one intentionally causes physical injury or substantial pain to another person. Often time in cases where the injury is minor, police will issue a New York Desk Appearance Ticket as opposed to putting someone through the system. However, in criminal cases involving family members ("domestic violence"), Desk Appearance Tickets are not issued.

What will be interesting is how the case will proceed against the the Mets' pitcher. Often times in cases involving family members, victims decide later that they do not wish to proceed. If Rodriguez's father-in-law is the only source of direct evidence, then the case may be difficult to prove against the Mets' closer. However, if there are independent witnesses, statements made by Rodriguez or there is video footage, a case may be able to be proven even without the cooperation of the alleged victim. Moreover, another noteworthy issue is whether the scrape and swelling rise to the level of "physical injury?" In other words, does the alleged injury satisfy the level of injury needed to prove this crime?

For detailed analysis, review and commentary on the crime of Assault in the Third Degree (NY PL 120.00), the elements of that crime as well other other levels of Assault, please review the New York Assault Crime section of Crotty Saland LLP's website (follow the highlighted link). Alternatively, you can go directly to the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com for information including legal decisions and newsworthy cases under either the Assault, Violent Crimes or In the News sections.

Representing clients in criminal investigations and arrests throughout the New York City area, the New York criminal defense attorneys at Crotty Saland LLP served as Manhattan prosecutors prior to starting the criminal defense firm.

I previously assessed, albeit briefly, the possible criminal charges that JetBlue flight attendant Steven Slater might face in Queens County for opening the emergency door and sliding onto the tarmac. These offenses included the misdemeanors of Reckless Endangerment in the Second Degree, Criminal Mischief in the Fourth Degree and Criminal Trespass in the Third Degree. Unfortunately for Mr. Slater, it appears as if the Queens District Attorney's Office has not merely charged him with misdemeanors after his arrest stemming from the JFK incident. Instead, they have thrown something more serious against the wall hoping that it will stick. Mr. Slater now faces Reckless Endangerment in the First Degree and Criminal Mischief in the Second Degree. Both of these crimes are "D" felonies punishable by up to seven years in prison.

Reckless Endangerment in the First Degree

Charged with Reckless Endangerment in the First Degree (New York 120.25), Mr. Slater's actions must be more wanton than Reckless Endangerment in the Second Degree (New York Penal Law 120.20). In fact, the standard for that crime is that Mr. Slater must have acted with "depraved indifference to human life" and recklessly created a "grave risk of death to another person."

The criminal court complaint against Mr. Slater alleges that the basis for this charge is that the emergency escape slide is released with so much pressure that it could have killed one of the ground crew. Despite the allegation in the criminal complaint, where was the ground crew at the time? Had the plane stopped completely? Were there people working in the immediate "hittable" area from the slide? Did Mr. Slater know there would be or were people below the plain? What made his reckless actions "depraved" with a disregard for human life?

If there were no workers in the area and the people on board did not run the risk of death, again, what is the is the basis of his "depraved indifference to human life" that created this "grave risk of death?" Sadly, that question cannot be answered because the criminal complaint does not set forth whether people, if any, were in close proximity to the death machine (aka the slide). Could it be that nobody was near it at all? If they were, why is this not contained in the complaint? Unfortunately for the prosecution, factual impossibility is a defense to Reckless Endangerment. See People v. Galatro, 84 N.Y.2d 160 (1994). If nobody was actually in danger other than in a theoretical nature, Reckless Endangerment cannot be proven beyond a reasonable doubt.

Criminal Mischief in the Second Degree

Criminal Mischief in the Second Degree (New York Penal Law 145.10) requires an intentional damaging of property where that damage exceeds $1,500. Prosecutors attempt to establish the intentional damaging on the part of Mr. Slater by setting forth in the criminal complaint his alleged admission that he intentionally opened the emergency exits and released the slide. This may be true, but was his intent to cause damage or was his intent to escape his anxiety on the plane? These are two separate issues. Intent to leave and use the emergency escape is NOT the same thing as intending to damage it.

There is little doubt that Mr. Slater's actions were "bad." There is little doubt that the Queens District Attorney's Office wants to send a message by charging the (former?) flight attendant with felonies. Arguably, the law needs to be changed to punish the actions of Mr. Slater More severely. While it makes good press, in this particular case, there is little doubt that that these felony charges should not stick.

For further information on the crime of New York Reckless Endangerment in the Second Degree, please follow the highlighted link. Additional information on New York Criminal Mischief in the Fourth Degree and New York Criminal Trespass can be found on the respective links as well. To read about other New York Penal Law statutes, legal decisions and recent cases, please review the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com.

Crotty Saland LLP is a New York criminal defense firm. Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland LLP represent the accused throughout the New York City region.

Jet Blue flight attendant (or possibly former flight attendant) Steven Slater was arrested yesterday after he allegedly insulted passengers on a Jet Blue flight from Pittsburgh. After allegedly having a heated conversation with a passenger, Slater popped open a cabin door, grabbed a beer, tossed his luggage down the inflatable shoot and slid down after them. Prior to his departure it is further alleged that he had some choice words for the JetBlue Passengers. The plane was in the process of unloading.

Although Mr. Slater's actions, if true, are certainly peculiar at a minimum and hazardous at worst, what is the crime here? Is the Queens County District Attorney's Office fishing for a serious offense to send a message to future would be felonious flight attendants?

According to news reports (for whatever that is worth), Mr. Salter is charged with Reckless Endangerment, Criminal Mischief and Trespassig. The question is, can all of the elements of these crimes be proven beyond a reasonable doubt by prosecutors?

Reckless Endangerment in the Second, pursuant to New York Penal Law 120.20, is a class "A" misdemeanor punishable by up to one year in jail. The Reckless Endangerment statute in New York generally states that if you behave or act in a reckless manner that creates a substantial risk of "serious physical injury," then you are guilty of this crime. "Serious physical injury" is more than mere physical injury and constitutes the type of injury that runs a substantial risk of death or disfigurement. In other words, prosecutors must be able to establish that not only was Mr. Slater acting recklessly, but his actions created a substantial (not just possible) risk of death or disfigurement to others.

I do not know all the facts, but barring him running into the paths of oncoming planes, weaving in an out of ground traffic, creating a substantial risk that a passenger would fall from the plane to his or her death (were they all buckled in at the time the door was open and if not, where were they in proximity to the door), Reckless Endangerment is a classic "overcharge" by the prosecution.

Having said that, Criminal Mischief in the Fourth Degree, New York Penal Law 145.00, may be more difficult to circumvent. Under two possible theories, Mr. Slater would be guilty of Criminal Mischief if he intentionally caused damage to another property (the airplane) or recklessly caused damage in excess of $250. Again, not knowing all the facts, it does not appear that Mr. Slater had the intention of damaging a JetBlue airplane. However, was he acting recklessly when he opened the "escape hatch" and caused "damage" to it? That damage would be the cost to fix or replace the hatch which likely costs more than $250. Having said that, was there actually damage? Unfortunately, if convicted of this offense, Mr. Slater also faces up to one year in prison.

Lastly, Mr. Slater also may face the charge of Trespass or Criminal Trespass in the Third Degree. The best way to sum up these offenses is whether or not Mr. Slater had permission to be on the premises (was he "lawfully" on the tarmac and other areas in the airport) or whether the areas were enclosed to keep out intruders. Are airline employees permitted on the tarmac? Are the areas where he allegedly trespassed enclosed or fenced to exclude intruders such as airline employees? If no, then he has not trespassed. If so, this charge may be viable. Trespass is a violation and not a crime while Criminal Trespass is a "B" misdemeanor.

The above analysis is a brief one and done with bits and pieces of information obtained from news articles. What the actual facts, allegations and charges are, are yet to be determined and could certainly alter this analysis. If true, however, Mr. Slater should crack open that beer as he is about to depart for a long trip through the New York criminal justice system. Joining him will likely be some personal injury attorney who will claim that some passenger was horrifically traumatized by the event and needs to be compensated.

For further information on the crime of New York Reckless Endangerment in the Second Degree, please follow the highlighted link. Additional information on New York Criminal Mischief in the Fourth Degree and New York Criminal Trespass can be found on the respective links as well. To read about other New York Penal Law statutes, legal decisions and recent cases, please review the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com.

Crotty Saland LLP is a New York criminal defense firm. Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland LLP represent the accused throughout the New York City region.

UPDATE - Mr. Slater Charged with Felony Criminal Mischief and Felony Reckless Endangerment, but will it stick?

In a far too common storyline, Manhattan District Attorney Cyrus Vance, Jr. is using a press release as his sword to tell the tale of a 28 year old man alleged to have defrauded at least a half a dozen Haitian men and women in an immigration scam. According to prosecutors, Marc Payen either claimed he was associated with the United Nations (UN) or was an immigration attorney who could assist Haitian immigrants with obtain residency through green cards or other documents. It is alleged that between 2009 and 2010, Mr. Payen defrauded these people out of $12,500 while never assisting them in legalizing or obtaining proper status in the United States. When these people asked for confirmation or receipts it is alleged that Mr. Payen provided fraudulent United States Citizenship and Immigration Services forms. Compounding matters, despite Mr. Payen's alleged legal work, Mr. Payen was and is not an attorney.

A 23 count indictment charged Mr. Payen with crimes including Grand Larceny in the Third Degree, Forgery in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree, Scheme to Defraud in the First Degree, and the Unauthorized Practice of Law. Grand Larceny in the Third Degree, Forgery in the Second Degree and Criminal Possession of a Forged Instrument in the Second Degree are each "D" felonies punishable by up to seven years in prison while Scheme to Defraud in the First Degree and the Unauthorized Practice of Law are both "E" felonies punishable by up to four years in state prison.

For further information on the above crimes including legal decisions, analysis of the statutes and recent cases in the news, please follow the highlighted links or review the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com

Crotty Saland LLP is a New York criminal defense firm. Founded by two former Manhattan prosecutors, the New York white collar criminal defense attorneys at Crotty Saland LLP represent the accused throughout the New York City region.

I certainly don't have the statistics, but countless number of people are arrested and / or issued Desk Appearance Tickets (DATs) in New York for shoplifting and violating the laws of Petit Larceny and Criminal Possession of Stolen Property. Unfortunately for former New York Mayor Rudy Giuliani, at least one local New York City newspaper is reporting that his daughter, Caroline Giuliani, was arrested for shoplifting at Sephora and will join the ranks of the accused. It is likely that she has not and will not go through the system, but will be given a New York Desk Appearance ticket (DAT) that will require her to return to court in lower Manhattan where she will be arraigned.

While the potential offer or disposition in these types of cases vary from county to county, barring the property being valued in excess of a few hundred dollars, it is likely prosecutors will offer her a Disorderly Conduct violation. The Manhattan District Attorney's Office might move for an adjournment in contemplation of dismissal (the case will be dismissed and sealed in six months) if the value is less than one hundred dollars.Both of these scenarios will include some form of community service. Although a plea or acceptance of one of these offers will not result in a criminal record, a real concern for individuals pleading to Disorderly Conduct is that a background check may reveal the underlying arrest and ultimate plea even though the courts seal the cases. In other words, the "gift" of a shoplifting arrest may not go away. Therefore, it should go without saying that her criminal defense counsel should pursue either an adjournment in contemplation of dismissal or advocate to get the case dismissed procedurally or on other legal grounds if applicable.

For extensive information on New York shoplifting laws (New York Penal Law 155.25 & 165.40), the application of those laws, legal decisions and other information, please review the Theft Offense section of Crotty Saland LLP's New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com. Additional information regarding New York Desk Appearance Tickets (DATs) can be found through the respective link as well.

New York criminal defense attorneys representing clients throughout the New York City region in matters involving Petit Larceny, Criminal Possession of Stolen Property and Desk Appearance Tickets, the founding members of Crotty Saland LLP previously served as prosecutors in the Manhattan District Attorney's Office. Please check the New York Criminal Lawyer Blog next week for an entry regarding shoplifting and arrest where the accused has not yet left the store.

Westchester County District Attorney Janet Difiore has announced the arrest of Mourad Boulas, a manager at Castle on the Hudson in Tarrytown, for Grand Larceny in the Second Degree (New York Penal Law 155.40). According to the Westchester County District Attorney press release, Mr. Boulas embezzled in excess of $400,000 during a four year period ranging from December 2004 through October 2008. It is alleged that during this time, Mr. Boulas wrote checks to his wife and to companies created by Mr. Boulas for purpose of siphoning money fom Castle on the Hudson.

Although jail is not mandatory for a first time offender, Mr. Boulas faces up to five to fifteen years in state prison. It is likely that prosecutors will seek some amount of state prison.

For further information on Grand Larceny in New York as it relates to embezzlement and the value of the property stolen, please follow the highlighted link to Crotty Saland LLP's website with extensive information on the degrees and types of Grand Larcenies in New York. Additional information, including legal decisions, criminal statutes and other press worthy cases, can be found on Crotty Saland LLP's New York criminal lawyer blog at NewYorkCriminalLawyerBlog.Com.

Founded by two former Manhattan prosecutors, the New York white collar criminal defense attorneys at Crotty Saland LLP represent clients charged with and investigated for crimes throughout the New York City region.

The tax man comes for everyone. Seems like the Queens District Attorney does so as well. While the New York taxing authorities take their payment in money, District Attorney's Offices seek not just your money, but your freedom as well. Unfortunately for Diana Rabin, an accountant, her mother Lyidmila Levy, sister Alisa Derabin and clients Merced R. Baumer and Nyemah Johnson, they are now facing up to fifteen years in state prison for allegedly attempting to obtain a combined $1.1 million in New York State tax refunds.

Not only are the defendants alleged to have claimed hundreds of thousands of dollars in income, but tens of thousands of dollars in taxes withheld from this purported income. According to the District Attorney's Office, this income was made up as some of the defendants did not even work.

According to the Queens District Attorney website:

"Rabin attempted to collect more than $1.1 million in state tax refunds between March 2008 and June 2010 for herself and the four other defendants whose returns she had prepared and who, in fact, did unlawfully receive and retain a total of approximately $275,581 before the state Tax Department discovered the fraud and put a halt to other refunds.

In carrying out the alleged scheme, Rabin is accused of fraudulently preparing and filing tax returns for herself and the other defendants that claimed each had earned exorbitant amounts of fictitious income from employees. For example, it is alleged that Rabin and her mother listed employers on their returns who had previously fired them, Baumer and Johnson listed employers for whom they had never worked (but had previously employed and fired Rabin), and that Derabin exaggerated the per diem wages that she earned as a nurse from a home care agency. It is further alleged that during state Tax Department audits of the defendants’ tax returns all but Baumer filed forged memoranda that purported to have been issued by their “employers” and repeated the false statements about the wages they had earned and the taxes withheld.

In total, it is alleged that the five defendants claimed a total of $2,639,088 in fictitious wages for the tax years 2007, 2008 and 2009 and tax refunds totaling $1,103,846 when, in fact, they were only entitled to a total of $13,123 in tax refunds if all the other information on their returns were correct."

The defendants are charged, not indicted, on the following crimes:

Attempted Grand Larceny in the First Degree (a "C" felony), Grand Larceny in the Second and Third Degrees (a "C" and "D" felony respectively), Criminal Possession of Stolen Property in the Second and Third Degrees (a "C" and "D" felony respectively), Forgery and Criminal Possession of a Forged Instrument in the Second Degrees (both "D" felonies), Falsifying Business Records and Offering a False Instrument for Filing in the First Degrees (both "E" felonies) and other crimes relating to Conspiracy and New York Criminal Tax Fraud. For first time offenders, a "C" felony is punishable by up to fife to fifteen years in state prison, a "D" felony is punishable by up to two and one third to seven years in state prison and an "E" felony is punishable by up to one and one third to four years in state prison.

For further information, including definitions, case law and other materials, please follow the highlighted link for each crime or review the applicable sections of Crotty Saland's New York Criminal Law Blog at NewYorkCriminalLawyerBlog.Com.

Crotty Saland LLP is a New York criminal defense firm representing clients throughout the New York City region. Prior to starting the firm, the founding members served as prosecutors in the Manhattan District Attorney's Office under Robert Morgenthau.

New York County District Attorney Cyrus Vance, Jr. is following his predecesor's commitment to not only cleaning up crime in the streets, but fraud in the suites as well. This mantra does not stop with white collar crime and DA Vance appears to be ready to build upon the principles and objectives of the Immigrant Affairs Program established under Robert Morgenthau. In fact, DA Vance announced yesterday an indictment of Teresa Nora Martinez for allegations of immigration fraud. If this case and others are any indication, DA Vance is fed up and displeased (dare I say incensed ?) with alleged swindlers and scammers in the arena of immigration fraud. According to the DA, Ms. Martinez stole $12,000 from immigrants after informing them she was an attorney or was associated with attorneys who could assist them with their immigration issues.

The District Attorney press release states as follows:

"The crimes charged in the indictment occurred between November 2008 and April 2009. According to statements in the court record, Martinez defrauded two Mexican immigrants by introducing herself as a licensed immigration attorney and promised to assist them with their immigration cases and to get them green cards. She told a third victim, also a Mexican immigrant, that she was working with attorneys and guaranteed that he would get a green card if he paid the demanded fees. In exchange for her services, Martinez demanded multiple payments of cash or money order from the three victims, which totaled $12,000.

As described in court, victims became suspicious when Martinez began avoiding their calls and at one point falsely told them that their immigration cases had been scheduled for court hearings on a Saturday, a day when the court is closed. They soon discovered that she was not a licensed attorney and demanded the return of their money. Martinezrefused and they reported her scheme to the District Attorney's Office. "

A Grand Jury has indicted Ms. Martinez on two counts of Grand Larceny in the Third Degree, one count of Scheme to Defraud, one count of Practicing a Profession without a License (as an attorney) and one count of Petit Larceny. Grand Larceny in the Third Degree is a "D" felony punishable by up to seven years in state prison while the other offenses are lesser felonies and a misdemeanor.

It is interesting to note that the prosecution charged what appears to be three separate thefts (two Third Degree Grand Larcenies and one Petit Larceny) as opposed to aggregating the values. As a general rule, aggregation is only permitted when the victims are the same. However, some case law does exists permitting aggregation of multiple victims in the same scheme. Here, where the threshold to hit the greater offense of Grand Larceny in the Second Degree is property valued in excess of $50,000, it appears that it made little sense to push the law and aggregate values from different victims as part of the same scheme. Obviously, $12,000 is far below the necessary minimum for a "C" felony. In the event other alleged victims are found and the value of the thefts potentially increases, maybe the prosecution will view the case differently. Regardless, Ms. Martinez as a long road ahead.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors who served under Robert Morgenthau in both the Trial and Investigations Divisions.

Manhattan District Attorney Cyrus Vance, Jr. is trying to be more proactive when it comes to crimes involving knives. Last year, In Manhattan alone, there were 2,269 arrests involving the possession of illegal knives. Mere possession of certain weapons such as "gravity knives" and "switchblades" is punishable as an "A" misdemeanor pursuant to New York Penal Law 265.01 - Criminal Possession of a Weapon on the Fourth Degree.

According to the District Attorney's website, DA Vance, Jr. has reached an agreement with national and local retailers of knives that are illegal in New York. Retailers, such as Home Depot, Eastern Mountain Sports, Paragon Sports, and four others, will enter into deferred prosecution agreements. The law permits these companies, like individuals, to be prosecuted for crimes - a fact recently addressed by DA Vance in an earlier press release. In return, these companies will provide the Manhattan District Attorney's Office the past four year's profit. In total, that amount is approximately $1.9 million. Additionally, the companies will finance an education campaign regarding illegal knives. Lastly, Frederico Gebauer, a managing director at Kroll, Inc. and former Manhattan prosecutor, will serve free of charge as the District Attorney's "Knife Sales Monitor" to review and keep track of knife sales. Hopefully, the Manhattan District Attorney's Office recognizes that many upstanding people who possessed knives for legitimate purposes, such as for work, purchased these knives from these and other stores assuming (with good reason) that there was nothing illegal about it.

According to the Manhattan District Attorney's Office press release, "the $1.9 million will be distributed to the City and State: 10 percent will be given to the State ($190K); 51 percent will be given to the City ($969,000); and the remainder ($741,000) set aside for our law enforcement partners." It is interesting to note that District Attorney Vance, Jr.'s approach to redistributing the wealth and detailing how the monies will be shared differs from the past when New York City complained of not getting a larger piece of the forfeiture pie.

This program and investigation by District Attorney Vance, Jr. is not over despite its apparent success to date. In fact, the District Attorney's Office website is clear:

"The District Attorney’s Office has begun Phase II of the investigation, targeting out-of-state vendors selling to New York residents – which is a serious crime. Those companies are opening themselves to prosecution to the fullest extent of the law."

For further information on Criminal Possession of a Weapon in the Fourth Degree and knife crimes, please follow the highlighted link.

Crotty Saland LLP is a New York criminal defense firm. Prior to founding the practice, the New York criminal defense attorneys at Crotty Saland LLP served as prosecutors in the Manhattan District Attorney's Office.

While it may be the functional equivalent to a theft of nickles and dimes to the average New Yorker, Manhattan District Attorney Cyrus Vance, Jr. has announced the indictment of John Haggerty for defrauding New York's billionaire mayor out of over $1 million. Charged with Grand Larceny in the First Degree, Money Laundering in the Second Degree and Falsifying Business Records in the First Degree, Mr. Haggerty faces up to 25, 15 and 4 years respectively on each offense.

According to the Manhattan District Attorney's Office, Mayor Bloomberg was duped out a cool million after Mr. Haggerty received the monies to operate an Election Day security and polling organization to be run by the New York State Independence Party. It is alleged that Special Election Operations LLC was to run the security. Instead, prosecutors claim that Mr. Haggerty's Special Election Operations LLC was a scam. In lieu of using this money to secure the polls, Haggerty is alleged to have spent merely $32,000 for this purpose while using approximately $600,000 to purchase his own home. Compounding matters, prosecutors claim that Mr. Haggerty did not come clean when questions arose as to where the money went. It is further alleged that Mr. Haggerty produced fraudulent paychecks to corroborate that staffers were paid the missing money to watch the polls on Election Day.

Certainly, time will tell what the outcome of this case will be. Unfortunately for Mr. Haggerty, however, District Attorney Vance, Jr. is still finding his prosecutorial niche after the decades long leadership of Robert Morgenthau. If recent cases are any indication, the niche that District Attorney Vance, Jr. is seeking to carve out as his own is the prosecution of public employee and governmental corruption. Regardless of the outcome, this case will be another black to the face of New City politics.

For further information on the crimes of New York Grand Larceny and New York Falsifying Business Records, please follow the respective links.

A New York criminal defense firm, Crotty Saland LLP was founded by two former Manhattan prosecutors.

Grabbing yet another headline, Attorney General Andrew Cuomo announced the indictment of four individuals and numerous companies for their involvement in an alleged Medicaid Fraud Scheme to the tune of $5.7 million. According to Attorney General Cuomo, three men, David Ibragimov, his son Arthur Ibragimov and his son-in-law Mikhail Isakov, operated three dental clinics in New York City (Bronx, Brooklyn and Queens). Although they owned these establishments, the men were not dentists and, if true, were not permitted to own those dental clinics.

It is alleged that these men had arrangements with dentists that they hired. This deal was that the dentists must pay the men's companies - AN International LLC, MA Concord LLC and MB Globus LLC - two thirds of the revenues received through Medicaid. Compounding matters, it is alleged that "flyer boys," the term us for recruiters, brought Medicaid patients to the clinic for treatment that was unecessary. In return, it is alleged that the "flyer boys" were compensated as well as the patient. It is alleged that not only did these patients receive cash and unecessary procedures, but sometimes they were paid with electronics such as CD players as well as coupons for McDonalds. It is alleged by the Attorney General that the defendants were so zealous that they pushed the dentists in their clinics to force "Medicaid recipients to agree to being fitted for dentures the same day their teeth were extracted and before their gums could heal."

The Attorney General also announced that Bruce Speiser, a dentist at one of the clinics, has been indicted in the "cash cow" scheme. Of the alleged $5.7 million, the Attorney General claims Medicaid paid Dr. Speiser $1.9 million. Although Dr. Speiser is the only dentist currently under indictment, the Attorney Generals Office is investigating other dentists employed by the Ibragimovs and Isakov.

According to the press release:

"David Ibragimov, AN International LLC, MA Concord LLC, MB Globus LLC and Bruce Speiser are charged with one count of Grand Larceny in the First Degree (a class “B” felony), and one count of Insurance Fraud in the First Degree (a class “B” felony), both of which carry a maximum sentence of 25 years in prison. Arthur Ibragimov and Mikhail Isakov are charged with one count of Grand Larceny in the Third Degree (a class “D” felony) and one count of Insurance Fraud in the Third Degree(a class “D” felony), both of which carry a maximum sentence of 7 years in prison. Bruce Speiser, David Ibragimov, Arthur Ibragimov, Mikhail Isakov, MB Globus LLC and MA Concord LLC are also charged with one count of Medical Assistance Provider Prohibited Practice (Kickbacks) under the Social Services Law (class “E” felony), which carries a maximum penalty of 4 years in prison."

For further information on the crime of New York Grand Larceny, please follow the highlighted link.

For further information on the crime of New York Insurance Fraud, please follow the highlighted link.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland LLP represents individuals in criminal investigations and arrests throughout the New York City region.

Manhattan, home to Wall Street and other global institutions, has always viewed itself as the center of the financial universe in terms of growth, management and even fraud. Once again, however, the Queens County District Attorney's Office may have taken a larger share of the "fraud pie." According to the Queens District Attorney's Office press release, 17 people, including two attorneys, have been arrested in a Mortgage Fraud and Grand Larceny scheme were 26 residential properties, valued at nearly $13 million, were used to defraud legitimate homeowners and lending institutions out of $3 million.

According to District Attorney Brown:

“In trying to hide their elaborate scheme from law enforcement and regulatory scrutiny, the two main defendants are alleged to have used unscrupulous attorneys and straw buyers and the fragmented structure of the real estate settlement process to funnel millions of dollars through various shell corporations that they either owned or which were controlled by other defendants. Money loss aside, the defendants are accused of creating a human tragedy of immense proportions for the homeowners who had turned to them in a desperate hope of saving their homes from foreclosure.”

The seventeen defendants (Roger Huggins, Inderpaul Sookraj, Shawn D. Chand, Trevor Rupnarain, Anand Bharat, Prahalad Mahadeo, Mangal Singh, Ariel Huggins, Mohammad Abdallah, Michael Abdul, Faiz Ali, Jagdesh Kuldip, Purnima Mahammed, Aneesa Mohammed, Krishna Ramroop, Vadianuth Sanichar and David Sookdeo) are charged in varying capacities with:

Grand Larceny in the First and Second Degrees ("B" and "C" felonies punishable by up to 25 years and 15 years in prison respectively), Criminal Possession of Stolen Property in the First Degree ("B" felony punishable by up to 25 years in prison), Money Laundering in the First Degree ("B" felony punishable by up to 25 years in prison), Identity Theft in the First Degree ("D" felony punishable by up to 7 years in prison), Forgery in the Second Degree ("D" felony punishable by up to 7 years in prison), Criminal Possession of a Forged Instrument in the Second Degrees ("D" felony punishable by up to 7 years in prison), Falsifying Business Records in the First Degree ("E" felony punishable by up to 4 years in prison) and Offering a False Instrument for Filing in the First Degree ("E" felony punishable by up to 4years in prison).

Fortunately for the defendants, the Queens District Attorney's Office did not seek an indictment on one of their hallmark offenses - Enterprise Corruption. That being said, the above offenses are some of the most significant white collar crimes.

For further information on the above crimes, please follow the respective links. For a reading of the press release from the Queens District Attorney's Office, please go to the next page.

Continue reading "Queens DA: $3 Million Mortgage Fraud Scheme Nets 17 Arrests Including 2 Attorneys" »

To the likely chagrin of the hard partying summer Hamptons crowd, Suffolk County District Attorney Thomas Spota is already cracking down on the "fun" before the season has even started. District Attorney Spota has announced that twenty people have been arrested in a heroin ring in and around the East End of Suffolk County. It is alleged that as much as 2500 bags of heroin with a street value of $40,000 were being sold each week since the investigation began in October. Reports indicate that the bust was one of or the largest heroin drug rings ever taken down in the area. It is alleged that the crew made over two million dollars a year peddling heroin with names including "google," "black ice," "quicksand" and "privilege."

According to law enforcement and local reports, 40 bags of heroin, 5.6 ounces of crack cocaine and more than $70,000 in cash was recovered from the home of Shawn Badgett when police executed a search warrant. Compounding matters, it is alleged at the time of the execution, Mr. Badgett was displaying his best Martha Stewart and Rachael Ray. However, instead of cooking a delectable treat, it is alleged that he was cooking cocaine.

In addition to the narcotics, it is alleged that Mr. Bradgett's home was littered with money. Whether Mr. Badgett had time to make it to the bank is unknown as police allegedly recovered $73,000 in numerous places including a pair of pants that he was not wearing. The police also found $90,000 in Mr. Badgett's safe. Completing the trifecta, it is alleged that counterfeit money was recovered from a purse.

It is alleged that a total of $173,000 in cash as well as 4000 bags of heroin were recovered throughout the day's arrests. Those arrested included:

Terrence Dozier, Terrence Smith, Juan Pabon, Kathryn Schirippa, Michael Maffetone, Lashanne Anderson, Preston Washington, Sharieff Burton, Brian Rive, Sonya Vonica-Smith, Jessica Bosworth, Jovan Coffey, Daniel Charbonnier, Angela Hobbs, Shavar Coffey, David Patruno, Edwin Felix, Cynthia Dozier Walker and Rondalynn Williams.

For further information on New York Drug and Controlled Substance Laws , please follow the highlighted link. Moreover, review the New York Criminal Law Blog at NewYorkCriminalLawyerBlog.Com and search the Narcotics and Drug section for recent cases, legal decisions and criminal statutes.

Crotty Saland LLP is a New York criminal defense firm located in lower Manhattan. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.

According to the New York Post, Manhattan District Attorney, Cyrus Vance, Jr. and his fellow chief prosecutors throughout New York City may have a problem on their hands. Mariem Megalla, an NYPD civilian lab technician, has been suspended by the NYPD from her job testing drugs and narcotics recovered by the police. Technicians such as Ms. Megalla are relied on by prosecutors from all of the New York City offices in pursuing criminal charges against those who possess or sell drugs and other controlled substances. Only time will tell whether the investigation reveals that Ms. Megalla did no wrong, was sloppy or perpetrated an intentional fraud. Having said that, one thing is certain. Right now, if the New York Post story is accurate, there could be numerous people charged with possessing or selling drugs in New York who should be contacting their criminal defense attorneys to ascertain whether or not Ms. Megalla tested the alleged controlled substances in their criminal cases.

Former New York Giant Linebacker, Lawrence Taylor (L.T.), was arrested in Ramapo, New York after he allegedly raped a fifteen year old girl at a Holiday Inn. Although the allegations are slowly coming out, it appears that Taylor will be charged with Rape in the Third Degree (New York Penal Law section 130.25). Rape in the Third Degree is an "E" felony punishable by up to four years in prison. Beyond the potential sentence, however, is the additional issue of registering as a sex offender.

Based on the alleged facts that are available now, the basis of the rape charge is due to the age of the alleged victim. New York Penal Law 130.25(2) makes it a crime for an individual twenty one years or older to have sexual intercourse with another individual under seventeen.

Again, further allegations will be revealed, but it is interesting to note that there are a few reports in the media that indicate that the young girl was beaten. If in fact this is true, the crime of Rape in the Third Degree may be elevated to a more serious "B" felony punishable by up to 25 years in prison. Pursuant to New York Penal Law 130.35(1), one is guilty of Rape in the First Degree if that person engages in sexual intercourse by forcible compulsion. While this would be the most serious offense, other crimes, including Assault, could also be filed.

Crotty Saland LLP is a criminal defense firm located in New York City. Founded by two former Manhattan prosecutors, the New York criminal defense lawyers at Crotty Saland LLP represent clients throughout the New York region.

Manhattan District Attorney, Cyrus Vance, Jr. is flexing his new found muscles. While his predecessor, Robert Morgenthau, routinely tackled schemes into the multiple millions of dollars, District Attorney Vance is just beginning find his feet and to make a name for himself. Far from a "big money" splash, the chief prosecutor of New York County has still sent a very loud message to would be fraudsters who violate the government and public trust...don't do it.

According to the Manhattan District Attorney's Office press release, three individuals were arrested and indicted on multiple felonies for a $100,000 no show job as a custodian and a ticket payoff scheme.

It is alleged that Philip Portelli was employed as the Custodian Engineer at the Edward A. Reynolds West Side High School on 102nd Street in Manhattan. It is further alleged that Paul Azzopardi, a long time friend, along with Mr. Portelli scammed the public by adding Mr. Azzopardi to the payroll of Mr. Portelli as a custodian since 2006. Despite this, prosecutors claim that Mr. Azzopardi didn't work at the school. Instead, Mr. Portelli is alleged to have created fake paperwork and time sheets, issued pay checks and defrauded the Department of Education in an amount exceeding $100,000.

In an unrelated case, Karen Frazier worked for the Department of Finance as a data entry clerk, Commercial Adjudications Unit in Manhattan. According to prosecutors, parking summonses issued to commercial vehicles are adjudicated in the unit. It is alleged that Ms. Frazier would charge motorists half the penalty or fee on a ticket in exchange for resolving the case. It is further alleged that Ms. Frazier would fill out paperwork on settlement sheets as if she were the motorist and signed their signatures as if they were at a hearing and agreed to a reduction in a fine. These papers were then submitted as if they were legitimate and Ms. Frazier drafted personal checks to cover the remaining balance while pocketing cash. Prosecutors claim that the checks routinely bounced and in total Ms. Frazier drafted more than 100 checks that did not clear in the amount of nearly $24,000. Compounding matters, prosecutors allege that Ms. Frazier entered the false information into the computers system as well.

Make no mistake, District Attorney Vance, Jr. is asserting that big or small, don't betray the public trust or defraud the government. Regardless of the amount, you run a potential risk of felony prosecution. Mr. Portelli now faces charges of Grand Larceny in the Second Degree, punishable by up to fifteen years in prison, as well as Offering a False Instrument for Filing, punishable by four years in prison. His alleged partner, Mr. Azzopardi, faces fifteen years in prison as well for the crime of Grand Larceny in the Second Degree.

Ms. Frazier faces numerous felonies including Bribe Receiving in the Third Degree, Forgery in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree, and Tampering with Public Records in the First Degree. Each of these crimes are punishable by up to seven years in prison. Ms. Frazier is also charged with Receiving Reward for Official Misconduct in the Second Degree and Offering a False Instrument for Filing in the First Degree, both punishable by a sentence of up to four years in prison. Additionally, Ms. Frazier faces numerous counts of Issuing a Bad Check, "merely" a class B misdemeanor punishable by up to 90 days in jail.

For further information on the above listed crimes, please follow the highlighted links and search the New York criminal law blog at NewYorkCriminalLawyerBlog.Com or review the Crotty Saland LLP website for information on the various crimes found in the New York Penal Law, recent legal decisions and newsworthy cases.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal defense attorneys at Crotty Saland LLP represent clients in all white collar matters throughout the New York City region.

Follow Crotty Saland LLP on Twitter at DefenseLawyerNY.

According to the Brooklyn (Kings County) District Attorneys Office, 32 people have been arrested and indicted in connection to individual incidents of Welfare Fraud amounting to nearly $1 million. Although not part of a ring, these individuals face varying felonies including Welfare Fraud in the Second Degree (NY PL 158.20) and Third Degree (158.15), Grand Larceny in the Second Degree (NY PL 155.40) and Third Degree (155.25) as well as multiple counts of Offering a False Instrument for Filing in the First Degree (NY PL 175.35). Whether or not they are first time offenders, the crimes range from "E," "D," and "C" felonies punishable by up to 4, 7 and 15 years respectively.

According to the Brooklyn District Attorney's Office:

"The largest theft is charged to Liz Sobeida, 37, who collected $460,000 in Medicaid benefits for herself and her two children, between 2004 and 2009. Sobeida is charged with claiming to be a single mother on assistance applications, when in fact, her husband, with whom she lived, was employed as a technician at a Cadillac dealership – earning $70,000 in 2009 – and she worked at Brooks Brothers."

"Another defendant, Marlowe Gershenson, 35, is charged with collecting $63,000 in Medicaid benefits, over the course of six years, despite the fact that her husband, with whom she lives and owns property, owns a clothing wholesale manufacturing company – AV Denim – and a real estate business, MDK Leasing. At one point in 2007, her husband’s checking account had a balance of over $110,000, and on an automobile loan application – she owns a Bentley coupe and a Land Rover SUV – she claimed annual earnings of $500,000, according to the indictment."

"Ariel, 31, and Joyce Soudry, 28, are charged with stealing $59,000 in Medicaid benefits over five years, while their bank balance exceeded $2.2 million. The couple’s real estate companies own and manage rental properties and develop condominiums in Long Branch, NJ and in Brooklyn. They currently make payments on three luxury cars, including one Mercedes."

"Shawana Kennedy, AKA Shawana Wade, 33, is charged with stealing $55,000 in Medicaid and Food Stamp assistance during a five-year period. On applications she claimed to be a single mother, when in fact, she lives with her husband, the father of her children, who works for the city Sanitation Department."

For further information on the crime of Grand Larceny, please follow the link to the Crotty Saland LLP website with extensive information on this offense. Additional information can be found on the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com.

For further information on the crime of Offering a False Instrument for Filing, please follow the link to the New York Criminal Lawyer Blog article on that crime.

Crotty Saland LLP is a Manhattan based criminal defense firm representing clients throughout New York City and the region. Prior to starting the firm, both partners served under Robert Morgenthau in the Manhattan District Attorney's Office.

Follow us on Twitter at DefenseLawyerNY and check NewYorkCriminalLawyerBlog.Com regularly for articles on the NY Penal Law, newsworthy cases and legal decisions.

According to Queens District Attorney Richard Brown, a spa owner, Barbara Nieto, is alleged to have performed liposuction suction to a patient's stomach and injected the fat into her buttocks for a $500 fee. Unfortunately, not only is Ms. Nieto allegedly not licensed to practice medicine or similar procedures at Perfect Image Stethics (located at 40-63 Junction Boulevard) or Bell Stetika Esthetics and Spa (located at 93-28A Corona Avenue), but it is further alleged that the patient nearly died due to her injuries.

Although often associated with individuals giving unlicensed massages or wrongfully practicing as an attorney, the practice of any profession without a license where one is required is not permissible under New York State Law. Ms. Nieto stands charged with Unauthorized Practice of a Profession, pursuant to Education Law section 6512, and faces up to four years in prison on that "E" felony. Additionally, Ms. Nieto is charged with multiple "D" felonies where she faces up to seven years in state prison if convicted. Those offenses are Reckless Endangerment in the First Degree, pursuant to New york Penal Law 120.25, and two separate counts of a Assault in the Second Degree, pursuant to New York Penal Law 120.05.

According to prosecutors, the patient knew things were going wrong when she began feeling intense pain and developed a fever. As a result, the patient went to a local hospital where she was diagnosed with bilateral buttock abscesses and underwent surgery.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland LLP represents the accused throughout the New York City region. For further information on new york criminal statutes, newsworthy cases and recent legal decisions impacting New York, please review the new york criminal law blog at NewYorkCriminalLawyerBlog.Com

The political nightmare and familial anguish that has enveloped White Plains (Westchester County) Mayor Adam Bradley was magnified exponentially yesterday when he was arrested and arraigned on new charges of alleged domestic violence against his wife Fumiko. According to the court complaint against Mayor Bradley, the former Assemblyman is charged with three offenses including two misdemeanors of Contempt in the Second Degree and Tampering with a Witness in the Fourth Degree.

Although his wife had previously indicated that she would not cooperate with the police or Westchester County District Attorney's Office, it appears that the alleged abuse pushed Ms. Bradley too far. According to the complaint, Mayor Bradley accused his wife on multiple occasions as either being crazy, a lier or the abuser in the relationship. Moreover, it is alleged that Mayor Bradley went as far as telling his wife she should kill herself by hanging.

Time will tell what the outcome of Mayor Bradley's criminal cases will be, but one thing is for sure. Mayor Bradley stands to lose his liberty, family and career.

Yet again, Manhattan prosecutors have come after another individual and his company for allegedly defrauding New York out of tax revenues. According to a press release by the Manhattan District Attorney's Office, Abdur Rashid Salaam and his companies, Safe & Secured Protective Services, Inc. and T.S.I. Special Services, Inc., have been indicted by a New York County Grand Jury for the crimes of Grand Larceny and Criminal Tax Fraud punishable by up to 25 years in state prison. It is alleged that Since 2003, "Salaam orchestrated the unlawful withholding of more than $1.2 million in collected sales taxes from New York State. More than $800,000 was stolen in the form of sales tax collected and kept by T.S.I. Special Services, Inc., and more than an additional $450,000 was stolen in the form of sales taxes collected and kept by Safe & Secured Protective Services, Inc."

This arrest and indictment is one of many recently prosecuted by the Manhattan District Attorney's Office including four separate restaurant owners who have either been indicted or have pleaded guilty in connection to alleged Grand Larceny and Criminal Tax Fraud in excess of $1.1 million dollars. Although some of these individuals and their companies are alleged by prosecutors to have stolen hundreds of thousands or millions of dollars, prosecutors are not merely going after fraud in the "six figure" amount or greater. If anything, these investigations are a sign of things to come and a furtherance of former District Attorney Robert Morgenthau's dedication to prosecuting crimes in the streets as well as New York white collar crime in the "suites."

For further information on the degrees and levels of New York Grand Larceny crimes as well as Criminal Tax Fraud, please review the respective links.

Crotty Saland LLP has successfully represented individuals in Criminal Tax Fraud and Grand Larceny cases ranging from the tens of thousands of dollars to the multiple millions of dollars. While our past success and results is no guarantee of future results, the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland LLP are dedicated to working through every criminal case to put our clients in the best possible position to protect their rights, liberty and future.

Queens County, the new hotbed of white collar crime and prosecutions, is the home of another alleged fraudulent scheme being prosecuted by the Queens County District Attorney's Office. According to a Queens County District Attorney's Office press release, Roger Arias, Martina Duran (a.k.a. Gladys Arroyo), Aldo Bussi, Ramon Gaston, and Percy Randall are alleged to have taken part in a $2 million Mortgage Fraud and Identity Theft scheme.

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.

The Brooklyn, Kings County, District Attorney's Office has announced that a Grand Jury indicted three individuals for Grand Larceny in the Second Degree for allegedly bilking the New York City Transit Authority (NYCTA) out of approximately $150,000. According to the press release, Jacqueline Jackson, a NYCTA supervisor, John Headley, an assistant district attorney who served under Charles Hynes in Brooklyn from 1991 to 1995, and Joyce Ilarraza, a former New York City Corrections Officer, are named on two separate indictments.

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.

Robert Halderman, the man who was accused by prosecutors of extorting and blackmailing "Late Show" host David Letterman, finally gave up on his concocted "screenplay" defense and pleaded to Attempted Grand Larceny by Extortion in Manhattan Supreme Court. In return for his plea, Mr. Halderman will be sentenced to six months in jail (he will serve roughly four months with good time) along with one thousand hours of community service and probation. This type of sentence involving probation and jail is commonly referred to in the practice of criminal law as a "split."

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.

Michael Archer, better known as D'Angelo, was arrested over the weekend and charged with Patronizing a Prostitute in the Third Degree, pursuant to New York Penal Law 230.04. Cops arrested the R&B star after he allegedly solicited an undercover cop posing as a prostitute in Manhattan and offered her $40 (yup, forty bucks) for her services. Although it is an "A" misdemeanor punishable by up to one year in jail, it is highly unlikely D'Angelo will serve any time.

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.

The Queens County District Attorney's Office keeps churning out high profile white collar fraud cases. Unfortunately for Matthew McEntee and Mariwa M. Mora, two Flushing residents, these two defendants are awaiting arraignment after they were arrested in connection to an alleged fraud scheme involving $16 million in assets.

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.

According to a Manhattan District Attorney's Office press release, the New York County District Attorney has announced the formation of another "new" bureau. District Attorney Vance's Cybercrime and Identity Theft Bureau technically ratchets up the current Identity Theft Unit to formally add the investigation and prosecution of cybercrime. In reality, many of the prosecutors assigned to the Major Case Section of the Identity Theft Unit had already been investigating and prosecuting these crimes. However, District Attorney Vance is taking the necessary steps to expand the unit into a bureau. Additionally, District Attorney Vance is increasing the number of prosecutors who will "specialize" in this area while further training them in this dynamic area of criminality and law.

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.

According to various media sources, White Plains Mayor and former Assemblyman Adam Bradley has been arraigned in White Plains City Court after he was arrested for the crime of Assault in the 3rd Degree pursuant to New York Penal Law section 120.00. It is alleged that the politician got into a dispute with his wife, grabbed her arm, put her finger in the area of the door frame and closed the door. As a result, it is alleged that his wife sustained an injury to her finger.

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.

According to Manhattan District Attorney Cyrus Vance, Jr., Marvell Scott, a former WABC newsman and sportscaster in New York, has been arrested and indicted by a New York County Grand Jury for the alleged rape of a runaway 14 year old girl.

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.

Attorney General Andrew Cuomo has announced the arrest of David Cohen, the owner of seven popular Manhattan (New York County) clothing stores including Mystique Boutique (547 Broadway, 324 Fifth Avenue, and 412 Broadway), Madness Boutique (305 Canal Street), Exstaza (491 Broadway) and Amsterdam (454 Broadway and 365-367 Canal Street). Beyond the arrest, AG Cuomo is seeking $1.5 Million in unpaid wages and damages due to Mr. Cohen's alleged scheme of failing to pay proper wages to his employees and failing to report proper taxes.

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.

According to Brooklyn (Kings County) District Attorney Charles Hynes, Robert Delvicario, Lennox Johnson, Shanda Bruce and Thermine Remy, and three corporations, Adonis Abstract LLC, LBW Corporation, and Robo Capital Securities, Inc., have all been indicted by a Grand Jury for crimes including, Enterprise Corruption, Mortgage Fraud, Grand Larceny, Identity Theft, and Falsifying Business Records. Prosecutors began the investigation into the defendants after the unsolved 2008 murders of attorney Mark Schwartz and his wife Christina Petrowski.

According to the District Attorney's Office, it is alleged that "between 2006 and 2009, the defendants participated in a series of financial and real estate scams in order to steal and launder money from the clients of Schwartz’ law firm, as well as clients of Adonis Abstract." The total amount of these alleged frauds exceeded $1 million.

Prosecutors claim that the defendants, including Mr. Delvicario, a one time federal agent, recruited friends to act as "straw buyers." At the behest of the defendants, these individuals would allegedly make fraudulent real estate transactions. Once money was obtained in a transaction, prosecutors claim that the defendants laundered the proceeds by fraudulently opening up bank accounts with stolen identities. Ultimately, prosecutors contend that the defendants would exhaust these accounts and open up new ones by perpetrating a new round of identity theft related offenses. Additionally, the money obtained in these fraudulent transactions may have been used to make personal investments. To that end, law enforcement officials state that a straw buyer involved in a mortgage deal ultimately had the money forwarded to Mr. Delvicario who then used those mortgage proceeds to pay off his own home loan.

If convicted of Enterprise Corruption, the defendants face up to 25 years in state prison. Although the press release does not indicate the degree of the other offenses, it is likely that the Money Laundering charge is the same level offense as the Enterprise Corruption. Depending on whether or not the Grand Larceny was aggregated into one amount, the defendants would face up to 25 years in prison or multiple counts up to 15 years in prison. Identity Theft in the First Degree and Falsifying Business Records in the First Degree are punishable by up to 7 and 4 years respectively.

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.

Cyrus Vance, Jr., the District Attorney of New York County (Manhattan), has announced one of what will likely be numerous changes to the office run by Robert Morgenthau since the early 1970s. According to a press release issued by the Manhattan District Attorney's Office, District Attorney Vance has created the Major Economic Crimes Bureau. In doing so, the Manhattan District Attorney's Office is combining both the Frauds Bureau and Investigation Division Central (IDC). Richard Weber, currently the Chief of the Asset Forfeiture and Money Laundering Section (AFMLS) of the United States Department of Justice, will be the lead prosecutor and chief of the newly created bureau.

Both the Frauds Bureau and IDC, formerly called DANY (District Attorney New York) Over Seas, is staffed by exceptionally experienced and seasoned prosecutors. Although IDC has had more involvement in international crimes and has had some of the largest settlements and forfeitures in recent history, both of these bureaus already were at the forefront of white collar prosecutions. Now, the Major Economic Crimes Bureau will specialize in prosecutions relating to securities, commodities, and investment fraud, mortgage fraud and financial institution fraud commercial, bribery and kickbacks, bank fraud, structured investment schemes, internet fraud, international money laundering and terror financing.

It will be interesting to see how the Investigation Division of the Manhattan District Attorney's Office continues to morph under the new leadership. What will become of the Rackets, Money Laundering and Special Prosecutions Bureaus? Will there be overlap in their prosecutions with the Major Economic Crimes Bureau or will they too be restructured into new entities? Regardless of the form or name they take, there is no doubt that the units and bureaus under District Attorney Vance, like Robert Morgenthau, will continue to forge ahead and remain leaders in the arena of white collar criminal investigations and prosecutions.

Crotty Saland LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland LLP represents clients in white collar criminal investigations and prosecutions throughout the New York City region.

Manhattan District Attorney Cyrus Vance, Jr. announced the arrest and indictment of Steven Mandala, a former stockbroker with the Maxim Group and Merrill Lynch. According to the District Attorney's Office, Mr. Mandala stole $780,000 from Merill Lynch after he allegedly told Merrill Lynch that he was not only a partner at Maxim Group (he was merely an employee stockbroker making $100,000), but that he was in charge of managing $300 million of clients' assets. As a result of his work with Maxim Group, prosecutors allege that Mr. Mandala claimed he generated $1.5 million in revenue. Due to Mr. Mandala's claims, alleged "improvements" to his resume, and his assertion he was compensated in the neighborhood of $765,000 a year by Maxim Group, Merrill Lynch hired the stockbroker and advanced Mr. Mandala $780,000. As a result of his chicanery, which was somewhat less successful, Mr. Mandala was charged with Grand Larceny in the Second Degree, Money Laundering in the Second Degree, Identity Theft in the First Degree, Criminal Possession of a Forged Instrument in the Second Degree and Falsifying Business Records in the First Degree.

Despite Mr. Mandala's alleged claims that he managed $300 million and generated $1.5 million in revenue, it is alleged that Mr. Mandala not only rarely went to work, but that he brought in only $20,000 in new business. During he approximately two months as an employee at Merrill Lynch, it is alleged by prosecutors that Mr. Mandala deposited the $780,000 into his parents' account and purchased a Ferrari under his father's name. Mr. Mandala's employment came to an end when he allegedly sent an email to Merrill Lynch indicating that he was not only resigning, but that all his personal effects should be discarded.

Unfortunately for Mr. Mandala, Merrill Lynch employees did not toss all of his "stuff" and an investigation revealed numerous credit cards in the name of Mr. Mandala's girlfriend in the office. Digging further, prosecutors ascertained that tens of thousands of dollars were allegedly billed to these credit cards without the true owner's knowledge.

Although Mr. Mandala faces up to fifteen years in state prison on the counts relating to Grand Larceny and Money Laundering, seven years in state prison on the counts relating to Identity Theft and Criminal Possession of a Forged Instrument, and four years in state prison on the count relating to Falsifying Business Records, one thing truly stands out. Beyond the alleged magnitude of the theft, were was Merrill Lynch's due diligence? Who failed to verify or confirm Mr. Mandala's history and experience? How does anyone - especially a firm entrusted with clients' hard earned money - fail to contact the prior employer or spend a few dollars on a background check? Where is the oversight? Stop me before I get on a roll...

Crotty Saland, LLP is a criminal defense firm representing clients in white collar criminal cases ranging from alleged embezzlement in the tens of thousands of dollars to multi-million dollar tax fraud schemes. Prior to starting Crotty Saland, LLP, both founding partners served in the Manhattan District Attorney's Office's Trial Division as well as the Special Prosecutions Bureau and Identity Theft Units.

Imam Zul-Qarnain Shahid, a New York City Jails Chaplin, was arrested yesterday after x-rays allegedly revealed he had three razors and a pair of scissors on his person when he attempted to enter a New York City Department of Corrections jail in lower Manhattan. Upon setting off an alarm, corrections officers allegedly recovered the razors and scissors from a bag held by Imam Sahid. There is no public information at this time whether or not he was scheduled to see a particular prisoner or prisoners. As a result of this alleged incident, law enforcement officials state that he is charged with Promoting Prison Contraband in the First Degree pursuant to New York Penal Law 205.25.

New York Penal Law 205.25(1) sets forth this crime as follows:

A person is guilty of Promoting Prison Contraband in the First Degree when he knowingly and unlawfully introduces any dangerous contraband into a detention facility.

According to the Court of Appeals, New York's highest court, razor blades would certainly qualify as "dangerous contraband." In determining whether the scissor is also "dangerous contraband," one can look to a test established by the Court.

"[T]he test for determining whether an item is dangerous contraband is whether its particular characteristics are such that there is a substantial probability that the item will be used in a manner that is likely to cause death or other serious injury, to facilitate an escape, or to bring about other major threats to a detention facility's institutional safety or security." People v. Finley, 10 N.Y.3d 647, 657 (2008).

While this case is still in its infancy, all eyes will be watching to see how it plays out. Certainly, nobody is more interested in the outcome than Imam Zul-Qarnain Sahid, who faces up to 7 years in state prison if convicted after this most recent brush with the law. Previously, Imam Sahid served approximately 14 years in prison after a Murder and Robbery conviction in 1979. That being said, from a criminal defense attorney's perspective, one important, if not the most important, issue that prosecutors must face and will likely be raised by Imam Zul-Qarnaun Sahid is not whether the items on his person were dangerous contraband, but whether or not he knowingly brought the contraband into the facility or accidentally did so without knowing they were in his bag.

Crotty Saland, LLP is a New York criminal defense firm founded by two former Manhattan prosecutors. The criminal defense lawyers at Crotty Saland, LLP represent clients throughout the region in all criminal matters.

According to reports, Joseph Graves, the boyfriend of Broadway actress Ashley Yeater, allegedly beat his girlfriend's yorkshire terrier with a belt buckle. It is further alleged that Mr. Graves admitted to striking the dog when investigators confronted him. Although the case has not been presented to a New York County (Manhattan) Grand Jury, Mr. Graves was arrested and charged with the "E" felony of Aggravated Animal Cruelty pursuant to Agriculture and Markets Law section 353 (AML 353). If convicted, Mr. Graves faces up to 1 and 1/3 to 4 years in state prison although a mandatory term of incarceration is not required by law.

Not only is Mr. Graves accused of striking and injuring the featherweight animal, but the ASPCA's Joseph Pentangelo stated that he did not seek medical attention for the six pound dog until two days after the alleged incident.

While Mr. Graves and his attorney will certainly mount a vigorous defense, Manhattan jurors are generally not sympathetic to alleged abuse of an animal, especially tea-cup sized dogs that are not know for their ferocity. Mr. Graves certainly may have a valid and compelling defense and time will tell what strategy he implements.

Crotty Saland LLP is a New York criminal defense firm representing clients throughout the metropolitan area. Crotty Saland LLP was founded by two former Manhattan prosecutors.

Joseph Gullotta, a Queens fourth grade elementary school teacher, and Abraham Fox, a teachers assistant, were arrested and arraigned in Queens County Criminal Court after it was alleged that the two adults encouraged and permitted a nine year old and ten year old to engage in a physical confrontation. Both men are charged with two counts of New York Penal Law 260.10(1), Endangering the Welfare of a Child.

According to the Queens County District Attorney Richard Brown:

“When two fourth graders became involved in a verbal dispute, their teacher allegedly told one of the students that he should ‘take it out’ on another student. When parents send their children off to school, their teachers have an obligation to provide a safe environment for them.”

Although not a battle between "Mad Max" and "Master Blaster" overseen by a post-apocalyptic Tina Turner, the young boys did hurt each other. One child suffered from a split lip and the other sustained bruising and swelling on his head.

The Queens County District Attorney's Office press release details the incident further:

Two boys had a verbal altercation that escalated at the alleged encouragement of Mr. Gullotta. "When the two boys began grabbing each others' arms and shoulders and wrestling, Gullotta allegedly told a female student to close the door and instructed the other students to back up. During the wrestling match, [the first boy's] head struck [the second boy’s] mouth, resulting in a laceration and bleeding to [the first boy’s] lower lip and swelling and bruising to the top and back of [the second boy's] head. It is further alleged that though Fox was present in the classroom during the incident he did not attempt to stop the two boys from wrestling nor did he offer them assistance after they were injured.

"It is additionally alleged that despite the students’ injuries and Fox’s observation that [the fist boy] might need stitches, neither Gullotta nor Fox offered either student an opportunity to go to the school nurse until two school periods later, at approximately 11:10 a.m., when Gullotta allowed [the first boy] to go alone to the nurse’s office. At that time, Gullotta allegedly instructed [the first boy] to tell the nurse that someone had dropped a pencil and that [the second boy’s] head accidently collided with [the first boy's] mouth when they both bent down to pick up the pencil. As allegedly instructed, [the first boy] told the nurse the ‘pencil’ story and also voiced concern about his friend [the second boy] who complained that his head ached. It is alleged that the nurse told [the first boy] to go back to the classroom and get [the second boy]. This time, it is alleged, Gullotta escorted [the second boy] to the nurse’s office and instructed him to tell the same made-up story that he had told [the first boy]."

"The incident came to light when the parent of one of the students involved in the incident overheard them talking about it."

As noted above, the defendants are charged with Endangering the Welfare of a Child, an "A" misdemeanor punishable by up to one year in jail. According to New York Penal Law 260.10(1):

A person is guilty of Endangering the Welfare of a Child when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health.

Although the two men are only charged with one count each for the two children involved in the alleged altercation, case law in New York dictates that the harm perpetrated by a defendant need not be directed at a particular child. Arguably, the defendants could face significantly more charges for the girl who was allegedly told to close the door of the classroom and for those that were "forced" to watch the incident. Previous entries address this issue (link 1 and link 2).

Regardless, despite the references made above a 1980s classic movie, if true, this incident is no joking matter and the defendants not only face real criminal consequences, but potential potential devastation to their respective careers.

Crotty Saland LLP is a criminal defense firm representing clients throughout the New York City. Founded by two former Manhattan prosecutors, the criminal defense attorneys at Crotty Saland LLP utilize their experience on both sides of the criminal justice system to work zealously for their clients.

Tensy May Smith, a letter carrier for the postal service who has worked in the town of Pound Ridge (Westchester County), was arrested earlier today in a joint investigation by the Pound Ridge Police Department and the United States Postal Inspection Service.

After receiving numerous complaints of people losing debit cards, gift cards and other items of value, law enforcement set up a sting and executed a search warrant Ms. Smith's home. According to reports, the police allegedly recovered approximately $70,000 worth of stolen property belonging to residents along Ms. Smith's delivery route. Moreover, law enforcement caught Ms. Smith "red handed," when she allegedly was found trying to steal from the mail under the watchful eye of Postal Inspectors and local police.

As a result of the arrest and search warrant, Ms. Smith is charged with Grand Larceny in the Second Degree (New York Penal Law 155.40). Grand Larceny in the Second Degree involves the theft of property that exceeds $50,000 in value, but is $1 Million or less. If convicted, Ms. Smith faces up to 5 to 15 years in state prison. Moreover, prosecutors will likely seek some amount of restitution of other thefts can be proved.

Crotty Saland LLP is a white collar criminal defense firm representing clients throughout the New York City and the surrounding suburbs. Founded by two former Manhattan prosecutors, Crotty Saland LLP is located in downtown Manhattan near the state and federal courts.

A die-hard Mets fan and employee at old Shea stadium, Gerald Tacopino, pleaded guilty today in Queens Criminal Court for the misdemeanor crime of Petit Larceny. When sentenced, Mr. Tacopino was fined $500 and paid just over $800 in restitution. Mr. Tacopino was previously arrested after a search warrant at his residence revealed Mr. Tacopino had stolen 23 Mets security caps, three Mets security jackets, five Mets security shirts, three seat bottoms and one seat back.

District Attorney Brown clearly meant business when he stated:

“As the Mets played their final weekend of the 2008 regular season, my office and the New York Mets announced a zero tolerance policy regarding potential theft and/or vandalism at Shea Stadium. Apparently the defendant did not heed the message. His theft of Shea memorabilia has now resulted in a criminal record, the paying of more than a thousand dollars in fines and civil penalties.”

This plea and conviction has sent tremors through Yankee Nation as it remains to be seen whether or not all Yankee players and fans will be vigorously prosecuted for stealing the Mets' thunder for the past few decades.

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.

What only can be describe as a horrific act if true, a Queens woman is under arrest after she was accused of submerging her three year old son in scalding water. According to the Queens County District Attorney's Office, Regina Cooper came home to find her son had soiled his diaper. Ms. Cooper allegedly became enraged that the child was not successful in his "potty training" and began swearing at the child and stripping off his clothes. Shortly thereafter, prosecutors claim that the little boy was forced into the scalding water of a bathtub.

District Attorney Richard Brown stated in a press release:

“Despite the child’s attempts to get out of the bathtub and his frantic cries, the defendant allegedly held him in the water for a prolonged period of time, resulting in severe scalding over 21 percent of his body. The young child will be permanently scarred – both physically and emotionally – by the experience and the fact that it is his own mother charged with seriously harming him.” Furthermore, "[w] hen she finally pulled him out, his skin that had been submerged
began falling off his body."

Detectives arrested Ms. Cooper and she now faces charges including Assault in the First Degree as well as Assault in the Second Degree. The crimes are punishable by up to 25 and 7 years respectively.

Regardless of the potential term of incarceration that Ms. Cooper faces, all of us, regardless of where we live or what we do for a living, pray and hope that her son makes a quick recovery and is able to lead a healthy and full life.

Crotty Saland LLP, a criminal defense firm founded by two former Manhattan prosecutors, represents clients throughout the New York City region.

According to the Westchester County District Attorney's Office, Yves Archin, a home health aide working for a 79 year old woman who recently passed away, was arrested by Ardsley (Westchester County) detectives. It is alleged that Ms. Arching perpetrated Identity Theft and other crimes on an unwitting woman under her care who had suffered from a stroke. According to news sources, Ms. Archin not only used the now deceased woman's credit cards, but opened up fraudulent accounts using her personal information. As a result, it is alleged that Ms. Archin charged approximately $59,000 at stores including Neiman Marcus, Bloomingdales and Target.

According to various news websites, the defendant is charged with Identity Theft in the First Degree (NY PL 190.80). Moreover, Ms. Archin is charged with Grand Larceny in the Second Degree (NY 155.40) for the aggregation of her alleged thefts that exceeded $50,000 and Scheme to Defraud in the First Degree (NY PL 190.65(1)(c). Grand Larceny in the Second Degree is a "C" felony punishable by up to 5 to 15 years in state prison. Identity Theft in the First Degree is a "D" felony punishable by up to 2 and 2/3 to 7 years in state prison while Scheme to Defraud is an "E" felony punishable by up to 1 and 1/3 to 4 years in state prison.

It is interesting to note that the Scheme to Defraud statute was amended in 2008 to include the defrauding of one or more "vulnerable elderly person." According to New York Penal Law 260.30(3) a "vulnerable elderly person” means:

"[A] person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care."

While I have not seen the complaint or indictment (if in fact she has been indicted), something is missing from the various reports. Regardless of the subsection, Scheme to Defraud requires that a defendant have the intent to defraud either ten or more people or more than one person. Although only one person need to be identified, at least two people need to be the target of the scheme. It may be that there is another alleged victim or target or that there is an error in the reporting of this offense or charging of this crime by law enforcement. Unfortunately for Ms. Archin, this potential error would only apply to the Scheme to Defraud in the First Degree, the lowest level offense she is facing.

Founded by two former Manhattan prosecutors, Crotty Saland LLP is a criminal defense firm representing clients throughout the New York City region. Jeremy Saland, one of our attorneys, has extensive experience and training in Identity Theft related crimes having served in the Identity Theft Unit and Major Case Section upon its creation by Robert Morgenthau.

According to the Queens County District Attorney's Office, Ron Scott, a Long Island contractor and the owner of US Builder NYC and a representative of Phoenix International Construction Company, is alleged to have defrauded a 74 woman out of $140,000. Mr. Scott is charged on a criminal court complaint with Grand Larceny in the Second Degree (NY PL 155.40), Criminal Possession of Stolen Property in the Second Degree (NY PL 165.52) and a violation of the New York State Lien Law. Each of the theft related charges are "C" felonies punishable by a maximum of 5 to 15 years in state prison and are associated with the theft or possession of stolen property valued in excess of $50,000, but $1,000,000 or less.

According to the District Attorney's Office press release, Mr. Scott was paid this money in both a personal check and bank check after he contracted to build an addition on the home of a Queens woman. It is alleged that the woman paid Mr. Scott this money nearly two years ago and that once deposited, the money was used by Mr. Scott to pay old debts. To date, the work has not been completed.

Crotty Saland, LLP is a New York criminal defense firm representing clients throughout the metropolitan area. Founded by two former Manhattan prosecutors, Crotty Saland, LLP is located in downtown New York City.

Naquan Thompson, a 22 year old man arrested for an alleged Robbery in Staten Island, New York, decided that life on the chain gang wasn't for him. As police escorted him and his chain gang fellows to Criminal Court, Mr. Thompson decided he would slip the cuffs and take off running. Unfortunately for young Thompson, WABC-TV cameras happened to be filming at the exact moment he broke free.

After hiding out for nearly 30 minutes, the NYPD arrested Mr.Thompson near the ferry where they found him with a broken ankle. Mr. Thompson has compounded his tenuous situation well beyond his fractured ankle. Now, Mr. Thompson potentially faces a new charge of Escape.

A person is guilty of Escape in the Second Degree when, pursuant to subdivision 205.10(2): Having been arrested for, charged with, or convicted of a Class C, D, or E felony, he escapes from custody. Escape in the Second Degree is an "E" felony punishable by up to four years in prison. In the event Mr. Thompson's initial arrest was for Robbery in the First or Second Degree, the crime of Escape in the First Degree, pursuant to New Penal Law 205.15(2), would apply. This crime is punishable as a "D" felony with up to seven years in state prison.

"Custody," pursuant to New York Penal Law section 205.00(2) means restraint by a public servant pursuant to an authorized arrest or an order of a court.

Crotty Saland, LLP is a criminal defense firm located in New York City. Founded by two former Manhattan prosecutors, Crotty Saland, LLP represents clients throughout the New York City area.

According to the Brooklyn (Kings County) District Attorney's Office, a Brooklyn, New York Grand Jury indicted Peter Galin on 27 counts of Grand Larceny in the Third Degree, Grand Larceny in the Fourth Degree, Scheme To Defraud in the First Degree and Petit Larceny. Galin, a travel agent and proprietor of TravelCenterOnline.Com, is alleged to have defrauded 12 clients by taking their money and using it for his personal use as opposed to booking and arranging for their travel and vacations. It is alleged that clients paid Mr. Galin between $400 and $5,500 for travel plans that were never made. Despite being given receipts for his services, Mr. Galin's clients allegedly received nothing at all. One such client arrived at the airport on the scheduled day of departure to learn that no airline reservations had been made.

If convicted at trial, Mr. Galin faces no mandatory minimum sentence, but up to 2 and 1/3 to 7 years in state prison on the top charges.

Crotty Saland, LLP is a New York law firm focusing on criminal defense. Founded by two former Manhattan prosecutors, Crotty Saland, LLP represents clients throughout the metropolitan New York City area.

The Manhattan District Attorney's Office has announced the arrest and indictment of John Runowicz, a University administrator for an alleged ongoing theft in the neighborhood of $400,000. According to the Manhattan District Attorney's Office, Mr. Runowicz was indicted by a Grand Jury for the crimes of Grand Larceny in the Second Degree, a class C felony and six counts of Falsifying Business Records in the First Degree, a class E felony. If convicted, Mr. Runowicz faces up to 5 to 15 years and up to 1⅓ to 4 years in state prison on the respective charges.

As administrator for the University's chemistry department, Mr. Runowicz oversaw and managed the budget and handled the financial matters for that department. In this capacity, prosecutors alleged that Mr. Runowicz "caused thousands of fraudulent requests for petty cash reimbursement to be submitted to the university Bursar’s Office. [Mr.] Runowicz scavenged discarded cash register receipts from a local liquor store, attached them to reimbursement request forms, and falsely claimed that the expenses were for chemistry department supply purchases and other functions. None of those receipts reflected legitimate business expenses. Carrying on his scheme for over five years, [Mr.] Runowicz fraudulently submitted over 13,000 receipts from the liquor store and stole $409,000.

It appears from the above press release that the Manhattan District Attorney's Office has a significant portion 13,000 receipts that they allege are false (although, the indictment only reflects six charges of Falsifying Business Records). What is noteworthy is that for a conviction of the felony "version" of Falsifying Business Records, the prosecution does not need to necessarily prove that a defendant made a false entry in the business records of an enterprise, here NYU, but that he or she caused a false entry to be made. To prove the Grand Larceny charge, the more serious offense, prosecutors must establish that he took property without permission, here the money, in excess of $50,000.

Without knowing all the facts, certain questions that may arise include whether or not Mr. Runowicz made the initial request for the reimbursements. Are there records reflecting what, if anything, Mr. Runowicz did with the monies after he received it? Moreover, did the District Attorney's Office subpoena Mr. Runowic's bank records and do they reflect significant balance increases or, in the alternative, a build up of funds and limited withdrawals? The above questions are relatively superficial, but ones that are at least a starting point for Mr. Runowicz, or any individual accused of such a crime, to address with his attorney as they implement their defense.

Crotty Saland, LLP is white collar criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland, LLP represents clients throughout the New York City region.

A drink sounds a lot better than the "clink," right about now for two people charged with Bribery in the Third Degree, a class D felony, and Attempted Grand Larceny in the Third Degree, a class E felony. It is alleged that Annie Guerrero and Maria Elena Nunez got caught up in a fraudulent scheme nearly a year ago, but only landed themselves in court for the first time today.

According to the Manhattan District Attorney's Office, the alleged partners in crime were also foes:

"The investigation revealed that Annie Guerrero is the owner of El Nido Del Aguila (d/b/a D’Noche) restaurant located 213 Sherman Avenue in Manhattan, and Maria Elena Nunez is the proprietor of #1 Business Solutions Inc., an expediting company that represents businesses applying for liquor licenses. They agreed to offer an official at the State Liquor Authority (SLA) $5,000 to avoid a full SLA board review of Ms. Guerrero’s application for a liquor license. Ms. Nunez did not carry out the agreement but rather attempted to steal the money from Ms. Guerrero upon being told that the El Nido Del Aquila could not avoid going before the SLA’s full board."

If convicted, these two defendants will need more than a stiff drink as they both face up to seven years in prison.

Founded by two former Manahattan prosecutors, Crotty Saland, LLP, is a white collar criminal defense firm representing clients throughout the New York City region.

A Manhattan building manager has managed to get himself into hot water with the Manhattan District Attorneys Office. According to Robert Morgenthau's prosecutors, Mark Modano, of Mark Modano LLC, was arrest and indicted in connection to an alleged five year fraud beginning in 2003 and ending in 2008. It is alleged that during this period Mr. Modano siphoned $1.3 million from clients for his own personal use.

Charged with three counts of Grand Larceny in the Second Degree (NY PL 155.40), a class C felony, three counts of Grand Larceny in the Third Degree (NY PL 155.35), a class D felony and one count of Scheme to Defraud in the First Degree (NY PL 190.65), a class E felony, Mr. Modano faces up to 15, 7 and 4 years respectively if convicted.

Prior to his arrest and indictment, Mr. Modano was a general "all purpose" guy whose services ran the gamut. His duties included anything from collection of rent and renovation of vacated apartments to payment of property taxes associated with the building and overseeing building maintenance and repairs.

According to the Manhattan District Attorney's Office:

"The investigation leading to the indictment revealed that [Mr.] Modano continuously mingled his clients’ money into large “master” accounts. [Mr.] Modano slowly misappropriated his clients’ money, via his master accounts, for his own personal expenses. Whenever a potential shortfall occurred with respect to one of his client’s expenses, he simply used money from one of his other clients to make good on the outstanding expense and continue to conceal his crime."

"The victims most affected by [Mr.] Modano’s misconduct were those who entrusted him with the payment of their property taxes. In approximately 2006, and again in 2008, without informing his clients, [Mr.] Modano entered into in rem installment agreements with the City’s Department of Finance which enabled him to pay his clients’ property tax obligations on an installment basis while continuously accruing interest to the detriment of those clients. At the time in question, all tax-related correspondence was sent directly to [Mr.] Modano; therefore, the owners of the buildings were unaware that they owed property taxes and that [Mr.] Modano had entered into such agreements."

"[Mr.] Modano distributed monthly financial statements, which purportedly accounted for all monthly income and disbursements, to the owners of each building. Most of [Mr.] Modano’s clients had worked with him for several years and solely relied on these statements to keep updated on the finances of their buildings. In November and December of 2008, in an attempt to control the damage, [Mr.] Modano caused an attorney to contact some of his clients. These clients were informed that, contrary to what [Mr.] Modano’s monthly financial statements indicated, their building operating accounts were nearly empty. The loss with respect to each building ranged from $25, 219.20 to $634,978.04. In total, [Mr.] Modano stole in excess of $1.3 million."

Without knowing all of the facts in this case, there is an interesting issue here. As a general rule, prosecutors can aggregate the total loss from a victim over a period of time when charging a defendant with those larcenies. Additionally, there are some court decisions that stand for position that if the scheme is a common one, loss can be aggregated amongst different victims as well. In other words, if an accused stole from one victim multiple times, instead of each theft being a separate lesser offense, the thefts could be added up to make one greater offense. In the alternative, while less commonly charged, prosecutors may also be able to add up the total loss amongst multiple victims in the same scheme. Here, despite the fact that the alleged theft is in excess of $1 million, the prosecution has charged Mr. Modano with multiple lesser Grand Larceny crimes instead of aggregating the theft to Grand Larceny in the First Degree, a class B felony, that has a mandatory minimum term of imprisonment and a maximum term of 25 years. Beyond these offenses, it appears that other applicable crimes could include Falsifying Business Records, Forgery and Criminal Possession of a Forged Instrument for his alleged activities of creating fraudulent invoices and supplying false business information.

Despite the above analysis, it is somewhat easy to speculate about charges without having all of the facts. Even if my analysis is correct, there are numerous reasons why prosecutors don't charge each and every offense in an indictment especially where it is redundant or other charges bring in the necessary evidence and facts. Regardless, Mr. Mondano has a long road ahead and should ascertain with his attorney the strongest defense in this case before he finds himself in much hotter water.

Crotty Saland, LLP is a white collar criminal defense firm founded by two former Manhattan prosecutors. Representing clients throughout the New York City region, Crotty Saland, LLP has had tremendous results advocating for clients in fraud and theft crimes ranging from the tens of thousands to the multiple millions of dollars.

According to a report, Martin Berres, a 62 year old New Yorker, has allegedly ripped off his internet lovers for multiple hundreds of thousands of dollars. Arrested yesterday, Mr. Berres is scheduled to return to court November 27th where he faces one count of Grand Larceny in the Second Degree, a class "C" felony, punishable by up to 15 years in state prison.

Mr. Berres allegedly met two women on JDate, a Jewish internet dating website. One of those women was allegedly victimized by Mr.Berres earlier this month when her 7-carat diamond necklace was stolen. The police believe Mr. Berres not only stole that necklace from her apartment, but sold the $50,000 piece of jewelry for $11,000. Additionally, the Manhattan District Attorney's Office may be investigating whether Mr. Berres perpetrated the crimes of Identity Theft, Forgery, Falsifying Business Records and Grand Larceny when a girlfriend's bank account and credit card was emptied and used to the tune of $360,000. Earlier this year, according to a report, Mr. Berres stole a girlfriend's identification and withdrew $10,000 from her Chase bank account.

Crotty Saland, LLP is a white collar criminal defense firm located in New York City. Founded by two former Manhattan prosecutors, one of whom was one an original member of the Identity Theft Unit upon its creation by Robert Morgenthau, Crotty Saland, LLP represents clients throughout the New York City area.

The Brooklyn District Attorney's Office has announced that along with the 105 count indictment against Watson Joachin and Ryan Woodard for Criminal Possession of a Weapon and Criminal Sale of a Firearm, the NYPD has taken 56 guns off the streets of New York.

According to to the Brooklyn District Attorney's Office:

"The indictment includes charges for the sale or possession of 46 guns – including 28 semiautomatic pistols, six revolvers, three assault rifles, four sawed-off shotguns, and five rifles – to undercover detectives. On four occasions, detectives purchased a total of 40 guns. A fifth sale was arranged, but instead of carrying it out, officers raided the defendant’s Brooklyn safe house and 2 confiscated six additional guns. Through the investigation, ten additional guns were taken off the streets."

"Investigators believe the guns, worth more than $40,000, were primarily purchased in Florida. Some were brand new, with safety stickers and barrel plugs affixed. Others had been defaced, meaning their serial numbers had been removed."

The defendants are charged with Criminal Sale of a Firearm in the First Degree, Criminal Sale of a Firearm in the Second Degree, Criminal Sale of a Firearm in the Third Degree, Criminal Possession of a Weapon in the First Degree, and Criminal Possession of a Weapon on the Second.

Criminal Possession of a Weapon in the First Degree, pursuant to NY Penal Law 265.04, and Criminal Sale of a Firearm in the First Degree, pursuant to NY Penal Law 265.13, are both "B" felonies punishable by up to 25 years in prison. Criminal Sale of a Firearm in the Second and Degree, pursuant to NY Penal Law 265.12, and Criminal Possession of a Weapon in the Second Degree, pursuant to NY Penal Law 265.03, are both "C" felonies punishable by up to 15 years in state prison. Criminal Sale of a Firearm in the Third Degree, pursuant to NY Penal Law 265.11, is a class "D" felony punishable by up to 7 years in state prison.

While I can only speculate as to the scope of the evidence, investigations such as this are often accompanied with "wires," video surveillance, search warrants and other recording devices. These defendants, innocent until proven otherwise, have a long road ahead of them and are charged with crimes that the Brooklyn District Attorney's Office will like vigorously pursue for significant sentences.

Crotty Saland, LLP is a criminal defense firm located in New York, NY. Founded by two former Manhattan prosecutors, Crotty Saland, LLP represents clients in criminal matters throughout the metropolitan area.

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The NYS Senate, Assembly and Governor have all agreed. If you perpetrate the misdemeanor crime of DWI / DUI in New York and there is a child in the vehicle who is 15 years old or younger, then the crime will be "bumped up'' to an "E" felony punishable by up to 1 and 1/3 to 4 years in state prison for a first time offender. Prior to this change, one could be charged with misdemeanor VTL 1192.2, VTL 1192.3 and 1192.4 (New York's DWI / DUI statutes) as well as the misdemeanor Endangering the Welfare of a Child in the event one drove drunk with a child in the car (certainly, other charges might be applicable as well). From the NYS Senate press release:

"Under Leandra’s Law, driving impaired or with at least a blood alcohol level of .08 with a child passenger age 15 and under, is a Class E felony – for both first-time and repeat offenders. The offense carries a sentence of one to four years in state prison, a fine of $1000 to $5000, and the issuance of a mandatory ignition interlock device."

"The measure mandates that ignition interlock devices are to be standard sentencing on all DWI-related offenses, mirroring legislation already passed in the Senate earlier this year."

"In the event of serious physical injury or death to a child, Leandra’s Law increases penalties. In instances of injury to a child, the driver would be charged with a Class D felony and face a state prison sentence of one to seven years. If reckless driving is a contributing factor, the charge would be a Class C felony and carry a maximum prison sentence of 15 years."

"If the driver causes the death of a child, the charge would be a Class C felony and carry a maximum sentence of 15 years in prison. If reckless driving is a contributing factor, the driver would be charged with a Class B felony and faces a prison sentence of up to 25 years."

UPDATE: LEANDRA'S LAW - VTL 1192.2a(b) - Further Defined

Whatever the recipe, the dough was a little too sticky. According to the Manhattan District Attorney's Office and Robert Morgenthau, a Grand Jury has indicted bagel wholesaler Helmer Toro for Gand Larceny, Offering a False Instrument for Filing and violating the labor law through unemployment insurance tax rate manipulation. Prosecutors allege that Mr. Toro, the owner of H & H Bagels, collected, but failed to pay, $369,318.77 withheld from his bagel business employees. This occurred during a six year period from 2003 through his arrest in 2009.

According to the Manhattan District Attorney's Office:

"The investigation further revealed that during the period of this indictment, [Mr. Toro] filed State and City withholding tax returns under six successive company names. Sporadically, [Mr. Toro] made nominal payments to the New York State Department of Taxation and Finance even though [Mr. Toro] knew he was obligated to turn over all withheld tax. Through shell companies, [Mr. Toro] committed unemployment insurance tax rate manipulation by transferring a large segment of his workforce from an existing business to a new business for the purpose of obtaining a lower unemployment insurance tax rate. Although [Mr. Toro] formed a new company, many of the same workers were being employed at the new company and he was able to therefore obtain an advantageous rate for his unemployment insurance payments to the trust fund operated by the New York State Department of Labor."

The first prosecution of unemployment insurance tax rate manipulation under the New York State Unemployment Tax Act (also known as the SUTA dumping statute) since it became effective on January 1, 2006, Mr. Morgenthau stated:

“This case is a wake up call to all employers who fail to fulfill their fiduciary obligation to pay over taxes withheld from their employee’s salaries. It also demonstrates how tax evasion hurts our workers when an employer deliberately fails to contribute the appropriate amount into the unemployment insurance trust fund.”

The Grand Jury indicted Mr. Toro on five counts of Grand Larceny in the Second Degree, a class C felony punishable by up to 15 years in prison; one count of Grand Larceny in the Third Degree, a class D felony punishable by up to 7 years in prison; three counts of Offering a False Instrument for Filing in the First Degree, a class E felony punishable by up to 4 years in prison; and two counts of a violation of Labor Law §581(7)(c)(5) (Unemployment Insurance Tax Rate Manipulation), a class E felony also punishable by up to 4 years in prison.

Whatever the appropriate defense might be in this case, Mr. Toro should implement that defense immediately. The Money Laundering and Tax Crimes Unit, a highly skilled boutique unit of the Manhattan District Attorney's Office, is represented by prosecutors and investigators with significant experience in these types of schemes. As is the case for many of these alleged crimes, the longer the matter progresses without ascertaining and implementing one's defense, the more difficult it is to defend them.

Crotty Saland, LLP is a white collar criminal defense firm located in New York. Founded by two former Manhattan prosecutors who served under Robert Morgenthau, Crotty Saland, LLP has successfully represented clients in alleged frauds involving thefts in the tens of thousands of dollars to alleged tax crimes involving multiple millions of dollars.

He may have loved the book, theatrical performance or even the movie, but Manhattan District Attorney Robert Morgenthau is not a fan of real life Oliver Twists. According to reports, the New York County District Attorney's Office unsealed a 639 count indictment involving the arrests of 15 alleged pickpocket crew members. The defendants, including Arthur Franklin, Jospeh Simms, Vincent Franklin, James Mannix, Kathleen Miller, Carol Dibitetto, Larry Ford, Kandra Lysland, Tina Barboza, Mary Bennett and Yvonne Harris are alleged to have stolen over $600,000 and compromised at least 60 bank accounts. The 639 count indictment includes numerous felonies such as Grand Larceny, Identity Theft, Criminal Possession of a Forged Instrument, Conspiracy, Scheme to Defraud, Attempted Grand Larceny, Forgery and Criminal Possession of Stolen Property. It is interesting to note that prosecutors did not charge the defendants with Enterprise Corruption. While there could be numerous reasons, it is possible that the crew had no ascertainable structure, but was alleged to be more consistent with a loose knit band of thieves. Regardless, the scheme is purported to have operated for at least one year before the arrests and indictments.

According to the District Attorney's Office, vigilant investigators at Chase Bank reviewed video surveillance of fraudulent transactions and noticed a common theme of women wearing wigs and glasses. Further investigation revealed that Arthur Franklin, Vincent Franklin and Joseph Simms were present either inside or outside the bank when the transactions occurred. Chase Bank put the dots together when they learned that many of the victims of the fraudulent bank transactions were also victims of pickpockets.

More than merely a pickpocketing crew that made a quick buck, some of the defendants are alleged to have worked at a Pennsylvania collections agency where victims' personal information including addresses, social security numbers and dates of birth were harvested and provided to other defendants. With this information, the defendant then conducted their fraudulent transactions. At times, the defendants are alleged to have created fake identifications to appear as if they were in rightful owners of the accounts. All in, the defendants are accused of stealing $600,000 of which $74,000 in cash was recovered in a search warrant along with 200 stolen credit cards in another search warrant.

The defendants have been indicted on various charges, including Conspiracy in the Fourth Degree, Grand Larceny in the Second Degree, Identity Theft in the First Degree, Scheme to Defraud in the First Degree, Grand Larceny in the Third Degree, Attempted Grand Larceny in the Third Degree, Criminal Possession of a Forged Instrument in the Second Degree, Grand Larceny in the Fourth Degree, Attempted Grand Larceny in the Fourth Degree, Identity Theft in the Second Degree, Attempted Identity Theft in the Second Degree, Criminal Possession of Stolen Property in the Fourth Degree, Criminal Possession of Stolen Property in the Fifth Degree, Forgery in the Second Degree, Petit Larceny, Criminal Possession of a Controlled Substance in the Seventh Degree and Criminal Possession of Marijuana in the Fifth Degree.

Grand Larceny in the Second Degree is a class C felony, which is punishable by up to 15 years in prison. Identity Theft in the First Degree, Criminal Possession of a Forged Instrument in the Second Degree, Grand Larceny in the Third Degree, and Forgery in the Second Degree are class D felonies, which are punishable by up to 7 years in prison. Conspiracy in the Fourth Degree, Scheme to Defraud in the First Degree, Attempted Grand Larceny in the Third Degree, Grand Larceny in the Fourth Degree, Identity Theft in the Second Degree, and Criminal Possession of Stolen Property in the Fourth Degree are class E felonies, which are punishable by up to 4 years in prison.

Crotty Saland, LLP is a New York based criminal defense firm representing clients throughout the metropolitan area. The two principals, Elizabeth Crotty and Jeremy Saland, have extensive experience as both criminal defense attorneys and as former Manhattan prosecutors having served in the Special Prosecutions Bureau and Identity Theft Unit respectively.

The Manhattan District Attorney announced the arrest and indictment earlier today of Michael Batalias, Elisavet Batalias, Vassiliki Stergiou and EMB Contracting Corporation for defrauding employees in the neighborhood of $1 million dollars. The defendants are charged with Grand Larceny in the First Degree and Scheme to Defraud in the First Degree. Moreover, Elisavet Batalias was charged with eleven counts of Offering a False Instrument for Filing in the First Degree.

According to the Manhattan District Attorney's Office:

EMB Contracting Corp is a "general contractor providing labor in the rehabilitation/construction of 30 public schools throughout New York City. As provided by the New York State Labor Law, and under the terms of these contracts, EMB was required to pay all of the employees engaged in working on these contracts the prevailing wage and supplemental benefit rate. The Office of the Inspector General for the SCA began investigating EMB after receiving a number of complaints that the firm was not paying employees the required prevailing wage rate, but rather roughly a third to a half of the rate, and was not making appropriate contributions to the union pension fund."

Prosecutors allege the the contractors were not merely "cooking" the books, but also created a new set of "dummy" records as well. All of this, according to the Manhattan DA, was to hide underpayments. Additionally, EMB falsified payroll reports and completely omitted workers from records while adding those who did not actually work. In fact, when it came time to submit the payment applications, it is alleged that Elisavet Batalia provided sworn affidavits that the prevailing was was paid to employees when it had not. Vicky Stergiou also is alleged to have given cash "off the books" to employees by cashing EMB checks made payable to other people. The alleged fraud perpetrated by the defendants took another step towards criminality when Michael Batalias allegedly staged a accident at a different location after an employee was hurt elsewhere.

While I am certainly not privy to the facts of the case beyond the press release, the defendant's certainly have a difficult road ahead. The police executed a search warrant in 2008 and likely have subpoenaed bank and payroll records. Moreover, it appears that there are numerous employees, ie, witnesses, who could testify as to how they were paid, hours worked and conduct of the EMB. That being said, although it is not an affirmative defense as it is in the context of Falsifying Business Records, did any of the defendants offer the false instrument at the behest of a supervisor and without any personal benefit? Did each individual indicted by the Grand Jury have the intent to perpetrate these crimes? Are there documents supporting each of the defendants' involvements or is the indictment based on the general roles of the defendants at EMB? Whatever the defense may be, the defendants should implement it immediately.

Grand Larceny in the First Degree is a class B felony punishable by up to 8⅓ to 25 years in prison. Offering a False Instrument for Filing in the First Degree and Scheme to Defraud in the First Degree are class E felonies punishable by up to 1⅓ to 4 years in prison.

Crotty Saland, LLP is a white collar criminal defense firm located in New York City. Founded by two former Manhattan prosecutors, Crotty Saland, LLP has successfully represented clients in white collar criminal matters ranging from multiple million dollar Criminal Tax Fraud cases to crimes involving Forged Instruments, Identity Theft and Grand Larceny in the tens of thousands of dollars.

The Manhattan District Attorney's Office issued a press release involving the arrest and indictment of Adeniyi Adeyemi, a computer technician employed by the Bank of New York Melon. The 138 count Identity Theft and Grand Larceny indictment accuses the defendant of stealing the identities of 150 bank employees while perpetrating a $1.1 million dollar fraud. The fraud and thefts were alleged to have transpired from 2001 through 2009.

It is alleged that the victims of these crimes were many co-workers of Mr. Adeyemi who worked in the information technology group of Bank of New York Melon. According to the Manhattan District Attorney's Office, Mr. Adeyemi "opened over 30 bank and brokerage accounts in their identities with several financial institutions, including E*Trade, Fidelity, Citi, Wachovia, and Washington Mutual. These accounts served as dummy accounts for the purpose of receiving stolen funds. Mr. Adeyemi then stole money from the bank accounts of charities and non-profit organizations and funneled it into the dummy accounts, later withdrawing the stolen funds or transferring them to a second layer of dummy accounts."

Much of the money that Mr. Adeyemi is alleged to have stolen was used to purchase goods and ship them to Nigeria as well as to cover his personal expenses such as rent and credit card bills. Moreover, it is alleged that Mr. Adeyemi purchased $100,000 in USPS money orders after transferring funds through the fraudulent accounts.

According to the District Attorney's Office, the police executed a search warrant at Mr. Adeyemi's apartment on April 30, 2009. There, "investigators found dozens of Bank of New York employees’ credit reports on his computer, along with many other documents containing personal identifying information of more than 150 Bank of New York employees. In a storage locker Mr. Adeyemi rented, the investigative team found notebooks containing hundreds of names, social security numbers, account numbers, and other personal data, along with numerous credit cards in Bank of New York employees’ names. Investigators also recovered $30,000 in cash from Mr. Adeyemi’s apartment. Mr. Adeyemi was arrested in the course of the search warrant execution, and has remained in custody since.

The Grand Jury indicted Mr. Adeyemi on one count of Grand Larceny in the First Degree (punishable by up to 8 and 1/3 to 25 years in prison), 138 counts of counts of Identity Theft in the First Degree (punishable by up to 2 and 1/3 to 7 years in prison), one count of Money Laundering in the First Degree (punishable by up to 8 and 1/3 to 25 years in prison), one count of Computer Tampering in the First Degree (punishable by up to 5 to 15 years in prison), two counts of Money Laundering in the Second Degree (punishable by up to 5 to 15 years in prison), three counts of Grand Larceny in the Second Degree (punishable by up to 5 to 15 years in prison), two counts of Scheme to Defraud in the First Degree (punishable by up to 1 and 1/3 to 4 years in prison), and one count of Unlawful Possession of Personal Identification Information in the Second Degree (punishable by up to 1 and 1/3 to 4 years in prison).

Certainly, it is not favorable to the defendant that a search warrant executed at his home revealed an abundance of personal information belonging to employees of the Bank of New York Melon. Moreover, the defendant's IP address was likely tracked to a particular provider and then ultimately to his account (or an account used by him.) Certainly, others could have had access to his account and computer. Additionally, there are legal arguments to be made and potential challenges to the search warrant. However, regardless of the approach to this case, Mr. Adeyemi has a long road ahead of him and needs to decide the best defense to the accusations and implement that defense immediately.

Crotty Saland, LLP is a white collar criminal defense firm founded by two former Manhattan prosecutors. Jeremy Saland, has extensive experience prosecuting and defending Identity Theft crimes having served in the Identity Theft Unit and the Major Case Section when the unit was founded by Robert Morgenthau.

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Kew Gardens certainly isn't nearly as fun as Vegas. Heck, it makes Atlantic City look like paradise. A 38 month long gambling investigation by the Queens County District Attorney's Office came to a screeching halt yesterday after 27 people were indicted and arrested for Money Laundering, Enterprise Corruption, Promoting Gambling and Conspiracy. Called "Operation Betting it All," the Queens County District Attorney's probe is also seeking $125 million dollars in asset forfeiture from 20 of those defendants after it was determined that the ring allegedly took in $567 million dollars during a 28 month period leading up to the arrests. This is the second gambling investigation conducted by the Queens County District Attorney's Office in recent months. In August, the Queens County District Attorneys Office took down another ring in an 86 count indictment involving perfectwager.com.

In a press release issued by the Queens District Attorney's Office, District Attorney Brown stated that the 131-count indictment filed in Queens County Supreme Court claimed that the gambling ring promoted illegal sports betting in Queens County and elsewhere. The top two defendants – alleged bookmakers Joseph J. Fafone and Eric Davis Harp – set up and ran numerous websites, including betallsportshere.com, justwagers.com, betmsg.com, betonline.com, and betrr.com, as well as toll-free telephone numbers as a means for gamblers to make bets. "The defendants also allegedly controlled a non-traditional 'wire room' in the form of an off-shore, Internet gambling service used by bettors and runners to actually place their wagers. It is alleged that the ring used the off-shore wire room – located in Panama – to maintain the gambling accounts of numerous runners and bettors through the Internet websites in an effort to evade law enforcement detection through traditional methods."

The alleged "book makers" include Joseph J. Fafone and Eric Davis Harp. The alleged "money collectors" include Joseph P. Fafone, Thomas P. Farley, Gail R. Harris, Edward P. Kenny, Lester J. Klein, Louis P. Lippa Jr., Amanda L. Mercer, Robert J. Rasmussen and David Valerio. The alleged "master agents" include Jerry Dicresce, Edward LaRocco, Robert Wehnert and
David Strickland. The alleged "agents/runners" include Robert Aglialoro, Andrew Berg, John Bowling, Louis Cassero, Joseph Catalanotto, Philip Cesario, David Goldman, Jonathan Piansky, Joseph Pontarelli, Michael Rizzi, Matthew Schmalacker, Robert Stampf and Louis Todisco. The alleged "wire room manager" is Mike Sheridan and the alleged "wire room accountant" is Andrew Lepiz. The alleged corporation operating the scheme is JJF Consulting Services.

Although the defendants listed above are paying the price for their alleged betting ways, there is one bet they certainly can count on. They need experienced criminal defense attorneys to work with them to identify and set forth their defense to these charges immediately. Otherwise, if convicted, the defendants face up to 25 years in state prison on the Enterprise Corruption and Money Laundering charges. If convicted of the charges of Conspiracy or Promoting Gambling, the defendants can serve up to 4 years in state prison.

Crotty Saland, LLP is a New York based criminal defense firm handling white collar crimes. Crotty Saland, LLP is founded by two former Manhattan prosecutors who served under Robert Morgenthau. We can be followed on Twitter at DefenseLawyerNY.

Crotty Saland, LLP, a Manhattan based criminal defense and complex civil litigation law firm, is now on Twitter. In addition to our blogs (updated at least once every four days), we will now keep our readers updated on New York legal decisions, provisions of New York's Penal Law, case results and updates about our law firm.

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A Queens County Supreme Court Judge acquitted Hiram Monserrate of felony Assault and convicted the embattled state senator of Assault in the Third Degree, a misdemeanor. More specifically, the judge found him guilty of New York Penal Law 120.00(2). According to the New York Penal Law, an individual is guilty of 120.00(2) when he or she recklessly causes physical injury to another person. This offense differs greatly from 120.00(1) which requires that a person intentionally causes physical injury to another person. Regardless of the theory of the case, anyone convicted of a misdemeanor Assault faces up to one year in jail. However, a judge has the discretion to sentence that person to no jail at all. While the court has not sentenced Senator Monserrate, a full order or protection was issued thereby preventing him to have any contact with the victim of his crime.

While I did not sit in the courtroom listening to the testimony, the decision rendered by the court does not surprise me. If Senator Monserrate had been convicted of the felony, the state would have been thrust into terrible turmoil and a horrendous stalemate. Removing Senator Monseratte from his seat would have resulted in 31-30 standoff in the state senate. Did this fact impact the court's decision? Did the judge "split the baby" by finding Mr. Monserrate guilty of a crime, but a significantly lesser offense? Are we over analyzing his decision and, at bottom, the facts just did not support the People's case?

What is slightly confusing, and in my opinion gives credence to the political and legislative implications having an impact on the court's decision is the following. If the court truly believed that the People did not prove the intentional Assault beyond a reasonable doubt, then why did the court issue a full order of protection preventing Senator Monserrate from having contact with the victim? If his actions were reckless, as opposed to intentional, then shouldn't the court permit the two, as consenting adults, to continue their relationship? If a person intentionally assaults another it is clearly understandable that a judge would want to make sure a victim, domestic or not, is safe. An order of protection or restraining order may be necessary in those situations. However, if the judge in the Monserrate trial found that the defendant acted recklessly, i.e., it was an accident, then there is an argument to be made that there is no real reason to issue an order of protection. Was there evidence presented that indicates he is a dangerous man who has hurt her in the past? Was there evidence that Senator Monserrate has injured her intentionally or did so in this case? If there was, then why was he not convicted of the intentional Assault crime?

Taking this theory further, one must understand that under New York law, if one perpetrates an intentional misdemeanor Assault, but uses a dangerous instrument (here a glass), then the crime is technically "bumped up" to a felony offense. Following this out further, if the judge found that Monserratte acted intentionally, then as a matter of law he would have to find him guilty of the felony Assault as a "bump up." One step further would lead us to the legislative implications in New York State as discussed above.

It is interesting to note that the judge found that Senator Monserrate did not act recklessly in slicing the victim, but acted reckless and caused physical injury when pulling her away from the railing and to the hospital. Hmmm....how is it that the court found that his actions cutting the victim were not criminal at all, but his alleged attempt to help her by dragging her to the hospital was criminal? Not only does that appear to be inconsistent, but how did his dragging her away cause her substantial pain or a physical injury? Wasn't that sustained by the fact that a glass cut up her face?

Despite my conclusions, It is very easy to be an arm chair quarterback of the criminal justice system after the fact. We all like to draw our own conclusions even though the vast majority of us were not in that courtroom. Certainly none of us were there the night Senator Monseratte assaulted his victim. All of us, regardless of the crime, should be afforded the benefit of the doubt. After all, it is the People who have the burden to prove their case and we are all safely wrapped in a blanket of innocence until they establish otherwise. All of us, including Senator Monserratte, rightfully deserved that same inference. Unfortunately for Senator Monserratte, however, a judge has stripped him of that presumption of innocence where he now awaits his fate at sentencing for recklessly assaulting a woman.

It seems like "immigration fraud" and individuals purporting to be attorneys is the crime du jour in Manhattan and New York City lately. The most recent individual accused of a fraudulent immigration scheme is Wilmer Rivera Melendez. According to the Manhattan District Attorney's Office, Mr. Melendez purported to provide immigration services to New Yorkers as an employee of W&R Immigration Services. Mr. Melendez claimed that W&R, an alleged non-profit organization located in Covington, Georgia, could assist people in immigration issues. It is even alleged that Mr. Melendez filed applications and petitions with the United States Citizenship and Immigration Service (USCIS) on behalf of undocumented individuals. These individuals were allegedly fooled into believing Mr. Melendez had practiced law for 20 years and, as a result, agreed to wire money into Mr. Melendez's bank account.

According to the Manhattan District Attorney's Office:

" As a part of his representation, Mr. Melendez required his clients to fill out and sign a Notice of Entry of Appearance as Attorney or Representative, which gave him the authority to represent them in court proceedings regarding immigration matters. Mr. Melendez then promised that he could obtain a green card for them within two years by filing for Withholding of Removal, a status which gives a holder permission to remain in the U.S. until further notice. This promise is false because a person granted Withholding of Removal can never obtain a green card."

"Mr. Melendez explained that USCIS would schedule an interview to question the client about his/her claim. While the petition for Withholding of Removal is pending, he explained, the clients could receive a work permit after 150 days had passed since the filing of the withholding petition. In order to ensure that the 150 days elapsed, Mr. Melendez rescheduled the interview numerous times. However, this rescheduling did not count towards the 150-day calculation because the petitioner, not the federal government, caused the delay. After the individuals failed to attend the interview a few times, their cases were sent to an immigration judge, and deportation hearings were scheduled. When individuals questioned Mr. Melendez about their cases, he refused to take their telephone calls and/or changed his telephone number."

"Mr. Melendez is not a licensed attorney in New York or Georgia. The Executive Office for Immigration Review (EOIR) confirmed that Mr. Melendez is not an accredited representative authorized to represent clients before USCIS or the immigration courts. The Department of Homeland Security (DHS), Immigration Customs Enforcement has confirmed that Mr. Melendez has never been employed by DHS or the former Immigration and Naturalization Service (INS). "

Mr.Melendez has been indicted on one count of Scheme to Defraud in the First Degree and one count of Grand Larceny in the Fourth Degree, class E felonies punishable by up to 1 1/3 to 4 years in prison; one count of Attempted Grand Larceny in the Fourth Degree, a class A misdemeanor punishable by up to one year in jail; and six counts of Practicing or Appearing As An Attorney-At-Law Without Being Admitted and Registered, a Judiciary Law misdemeanor punishable by up to 1 year in jail.

Crotty Saland, LLP is a full service criminal defense firm based in Manhattan. Former Manhattan prosecutors, the partners at Crotty Saland, LLP recognize that we are not merely protecting your rights, but your liberty, integrity and livelihood.

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Crotty Saland, LLP, a Manhattan based criminal defense and complex civil litigation firm, is pleased to announce that Elizabetth Crotty is speaking at New York Sefl Storage Association's Annual Convention and Membership Meeting tomorrow in Westchester County.

Ms. Crotty will be discussing the ramifications of storing contraband in self storage facilities. Moreover, she will address nuisance abatement laws and how local police departments enforce those laws and ordinances.

NY criminal defense attorneys are always being confronted with indictments and complaints against their clients for a wide variety of alleged fraudulent schemes. One such scheme just resulted in the indictment of Henry Vargas for the sale of a commercial building he claimed to own, but in fact, according to the Manhattan District Attorney, he did not.

Manhattan District Attorney Robert Morgenthau issued a press release alleging that during the past two years, Henry Vargas claimed to be the owner of 21-41 Lenox Avenue, a commercial building near Central Park. Although Mr. Vargas was not the owner of the property, it is alleged that he present forged documents to fool attorneys, business developers and other professionals into believing he had a controlling interest in the property.

One particular "victim" of his alleged scheme, Pete Skyllas, entered into an operating agreement for the property where Mr. Skyllas was to pay $4.8 million for Mr. Vargas' ownership and rights which did not truly exist. As a result, Mr. Skyllas paid Mr. Vargas $1 million toward the purchase of the ownership rights.

In addition to agreeing to sell his ownership rights to Mr. Skyllas, Mr. Vargas allegedly agreed to sell the entire property to the New York Road Runners. The Road Runners placed $1 million dollars into an escrow account while spending an additional $300,000.00 in attorneys fees for the purchase of the building. The total price for the building was $8.5 million.

It was not until Road Runners notified the tenants of the building regarding the pending sale did the true owner learn of the scheme.

A Manhattan Grand Jury indicted Mr. Vargas on one count each of Grand Larceny in the Second Degree and Attempted Grand Larceny in the First Degree, both class C felonies. Because Mr. Vargas appears to be a "predicate felon," he faces a mandatory minimum of 3 to 6 years in prison and a maximum of 7½ to 15 years. The Grand Jury also indicted him on one count of Scheme to Defraud in the First Degree and two counts each of Forgery in the Second Degree and Criminal Possession of Forged Instrument in the Second Degree, all of which are class D felonies carrying a mandatory minimum of 2 to 4 years in prison and a maximum of 3.5 to 7 years in prison.

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As long as the world's oldest profession is profitable, the police and prosecutors will continue to go on the offensive to busting up and tearing down escort and prostitution rings. Unfortunately for Kenneth Fuina and Shawana Smith, they were the targets of such an investigation by the Westchester County District Attorney's Office that spanned two years. Now, Fuina and Smith are sitting in a White Plains jail cell on $100,000 bail each and facing the charge of Promoting Prostitution in the Third Degree, a class "D" felony punishable by up to 2 and 1/3 to 7 years in state prison. A third defendant, Genevieve Peattie, was released from jail but is charged with a misdemeanor of Prostitution.

According to reports, it is alleged that Kenneth Fuina and Shawana Smith ran a website for high end call girls charging between $600 to $2000 for one or more hours of "GFE" or a full service sexual encounter otherwise known as "Girl Friend Experience." The girls were recruited and their services were offered through a website, www.discreetcompanions.moonfruit.com. Once a client contacted Fuina or Smith, it is alleged that the girls were sent out to hotels in Westchester cities such as White Plains, Rye, Rye Brook and Tarrytown.

As a former Manhattan prosecutor who worked on investigations including those relating to Prostitution and Promoting Prostitution, I can say without hesitation that law enforcement takes these crimes very seriously especially if the alleged operation is making significant profits. In fact, individuals charged in these rings often face additional charges that are far more serious than the offenses relating to Prostitution or Escort Services. These crimes can include Money Laundering, Enterprise Corruption and Falsifying Business Records depending on the scope of the criminal activity.

To educate yourself on the law and to prevent yourself from following the same road as these defendants, contact the criminal defense attorneys at Crotty Saland, LLP and read our Escort Crime Blog. There is no substitute for knowing your rights and knowing the law to avoid finding yourself in the headlines.

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Convicted of Grand Larceny in the First Degree in Manhattan Supreme Court, a New York trial jury has sealed Anthony Marshall's fate. Prosecutors called over seventy witness during the course of the trial that addressed whether or not Marshall was involved in forging Brooke Astor's signature and stealing her fortunate as she suffered from dementia and lived in squalor. In the end, the jury found that Marshall had bilked his own mother out of millions of dollars.

Unfortunately for Marshall, a conviction for Grand Larceny in the First Degree is an enormous defeat especially for an 85 year old man. By law, the minimum sentence he faces will be 1 to 3 years in state prison while the maximum Marshall could face is 8 and 1/3 to 25 years. If Marshall had been acquitted of this charge and "merely" convicted of Grand Larceny in the Second Degree, Forgery in the Second Degree, Falsifying Business Records in the First Degree and other crimes on the indictment, he would have not faced mandatory prison. While we certainly can only speculate what a judge might sentence and individual to, by law Marshall could have gotten nothing more than a conditional discharge or even no probation and up to 1 and 1/3 to 4, 2 and 1/3 to 7 or 5 to 15 depending if he were convicted of the "E," "D," or "C" felonies respectively. Compounding an already ugly case, Marshall still faces a pending civil case.

After 12 days of trial and a potential mistrial waiting in the wings, the case serves as a stark reminder to all New Yorkers. Regardless of your wealth or connections, the Manhattan District Attorney's Office will prosecute crimes in the "streets" and in the "suites," pursue offenders in all social circles and fight to trial if necessary.

After correctly speculating as to some of the possible charges, the Brooklyn District Attorney's Office has issued a press release regarding today's announcement that 13 people have been indicted for a wide ranging criminal enterprise that spanned states and countries. As I have noted in the past, criminal defense lawyers in New York are seeing more and more of these types of crimes being swept up in large scale investigations. This certainly will not be the last of such investigations and prosecutions.

According to the Brooklyn District Attorney's Office:

"The first indictment, containing 164 counts including Enterprise Corruption, charges four defendants – Ryan Foster, Nathaniel Mahone, Jacques Sylvestre, and Yanira Santiago – with operating a credit-card fraud and identity theft ring, which at times netted as much as $10,000 per day, between 2006 and 2008. They are charged with purchasing credit card numbers from private Internet sites in Russia and the Ukraine and using the information to manufacture fake credit cards in various Brooklyn sites they called the “lab”. Then the defendants sent hired “shoppers” to stores, such as Game Stop, Best Buy, Home Depot, Lowe’s, Zales, Louis Vuitton and Ford’s Jewelers, where they would purchase items the ringleaders would later sell, according to the indictment."

"The Enterprise Corruption indictment also charges the defendants with purchasing properties through mortgage fraud and using the merchandise stolen from home improvement stores, such as Lowe’s and Home Depot, to increase the values of the homes. The properties could then be re-appraised at higher values, and the defendants could get the mortgages refinanced, according to the indictment. Another aspect of the scheme involved orchestrating fraudulent purchases and sales of the properties, by employing straw buyers and using crooked real estate brokers and loan officers to help them file false paperwork."

"In a second, 97-count indictment, Foster, Mahone, Sylvestre and nine others are charged with conspiring to make false accident, vandalism and theft claims on late-model luxury cars, such as BMW, Land Rover, Lexus, Mercedes Benz and Cadillac. The indictment charges that the defendants would remove undamaged interior parts, such as air bags, dash boards, door panels and seats, and replace them with damaged parts. Then they would report to police that the cars had been vandalized near their homes and file claims with their insurance companies to have the damaged car parts replaced, according to the indictment. The investigation revealed that the same damaged car parts were recycled and used repeatedly in separate claims. The defendants are also charged with staging accidents and car thefts to collect insurance payments."

"In the third indictment, Sylvestre is charged with Criminal Possession of a Weapon in the Third Degree and Criminal Possession of a Weapon in the Fourth Degree, relating to a handgun found in his home during the execution of a search warrant in October 2008. "

According to reports, Brooklyn District Attorney Charles Hynes has announced the indictment of 13 individuals with ties to Russia and Ukraine. The accused are alleged to have run or taken part in a multi-national credit card scheme where they purchased stolen credit card numbers online, crafted fake credit cards and then made purchases in the United States. These individuals are also alleged to have taken the scheme further into the arena of insurance fraud and real estate fraud. Working with the Secret Service, the take-down also netted some high-end automobiles including a Bentley, Mercedes and a Land Rover.

Although there has been no press release, it is likely that these individuals face charges relating to Identity Theft, Grand Larceny, Forgery, Criminal Possession of a Forged Instrument and potentially Enterprise Corruption if there is an ascertainable structure in their "crew."

Once Crotty Saland, LLP receives the information and facts regarding this case we will analyze and share this with our reader. As former Manhattan prosecutors under Robert Morgenthau who have handled identity theft and credit card fraud cases as both prosecutors and criminal defense attorneys, we will do our best to provide our readers with insight into these cases that may not be found elsewhere. Check back for updates...

***UPDATE***

The New York based criminal defense firm of Crotty Saland, LLP is once again in the news. Jeremy Saland, one of our top criminal defense attorneys and a lawyer who previously served as a prosecutor in Manhattan, was sought out by the Los Angeles Times for his legal insight into the David Letterman extortion and blackmail case.

The Los Angeles Times asked Mr. Saland to comment on Mr. Halderman's possible defense alleging that Mr. Letterman sexually harassed his female employees. Citing New York Penal Law section 155.15(2), Mr. Saland acknowledged that it may be relevant if done in narrowly crafted way. Relevant, however, does not mean it will necessarily be a winning argument.

Under New York Penal Law section 155.15(2) it is an "affirmative" defense to extortion if the accused "reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge." Applying that defense here, the evidence at trial trial will have to establish that Mr. Halderman reasonably believed that Mr. Letterman sexually harassed Ms. Birkitt, threatened to expose this harassment and that his sole purpose was to compel Mr. Letterman to take reasonable action to make good on the harassment. On its face, this is a very difficult task. It is one thing to threaten to report your neighbor to the police if he does not pay for scratching the paint on your car or breaking out the back window of your vehicle. It is another to demand 2 million dollars for sexual harassment that may never have existed. First, the defense will need to establish that Mr. Halderman reasonably believed that Ms. Birkitt, or another person, was the victim of sexual harassment. Assuming that he is successful in doing that, the next step would be to establish that his sole reason for demanding the $2,000,000 was not for self gain, but to "make good" on the harassment that the particular woman was exposed to.

The prosecution would certainly try to tear down this defense by, among other things, poking holes in how the Mr. Halderman went about demanding the money. Since Mr. Halderman was not a victim of harassment, was he doing it on the behalf of someone else? Why not mention this harassment outright as opposed to couching his demand in the term of "screenplay treatment?" These are just a couple of the angles the prosecution could use to attack this defense.

*LA Times Article*

*New York Extortion Primer*

On Twitter at DefenseLawyerNY.

There certainly is no proper or correct way to extort someone, but don't ever take a check...especially one that was specifically written to bounce once deposited. Unfortunately for Robert "Joe" Halderman, nobody told him that the 2 million dollar check he received from David Letterman was the set up for a punchline that led to his arrest. If convicted of Grand Larceny in the First Degree by Extortion, the television funny man could have the last laugh as Mr. Halderman watches Mr. Letterman in syndication for up to the next 5 to 15 years in state prison.

Having been a Manhattan prosecutor for 7 years and the lead prosecutor on the extortion attempt of an NBA All Star, I have handled the exact same case under similar facts. Instead of individuals seeking a multi-million dollar check in exchange for a video of the basket ball player, Mr. Halderman sought 2 million dollars for "screenplay treatment" and to keep a years old fling with a staffer secret.

According to the Manhattan District Attorney's Office press release:

"The investigation leading to today’s indictment revealed that Halderman waited outside Mr. Letterman’s Manhattan home at 6 a.m. on September 9 to deliver a letter and other materials to him as he was leaving for work."

"Halderman wrote that he needed to “make a large chunk of money” by selling Letterman a so-called “screenplay treatment.” The one-page “screenplay treatment” attached to the letter referred to Mr. Letterman’s great professional success and to his “beautiful and loving son.” The document then related that Mr. Letterman’s “world is about to collapse around him” as information about his private life is disclosed, leading to a “ruined reputation” and severe damage to his professional and family lives. The package contained other materials supporting the “screenplay treatment” and directed Mr. Letterman to call him by 8 a.m. to make a deal."

"Mr. Letterman immediately contacted his attorney, who arranged an initial meeting with Halderman. During this initial meeting, Halderman demanded to be paid $2 million to avoid the disclosure of the private information in his so-called “screenplay treatment.”

"Following this meeting, Mr. Letterman and his attorney contacted the District Attorney’s Office and cooperated in the further investigation that led to the indictment. During subsequent meetings, Halderman repeated his demand for $2 million to prevent him from going forward with his threat to publicly disclose the personal and private information described in his initial delivery to Mr. Letterman."

Although this case is "sexy" and exciting, there may be numerous twists and turns as it progresses. Even if convicted it is highly unlikely that the defendant would receive 5 to 15 years in state prison. In fact, the law even permits a defendant charged with this offense to get probation on a felony conviction. I guess we will all stay tuned in to see what happens next...

** New York State Extortion Primer **

On Twitter at DefenseLawyerNY.

The Queens County District Attorney's Office has announced the arrest of a bus driver charged with DWAI (VTL 1192.1), Reckless Endangerment (NY Penal Law 120.20) and Attempted Endangering the Welfare of a Child (NY Penal Law 110/260.10) after an assistant principal at the school allegedly noticed the smell of alcohol on the bus driver's breath. It is further alleged that the bus driver, Lakhram Omwathatth, was unsteady on his feet and had watery-bloodshot eyes. Making matters significantly worse and compounding an already terrible situation, it is alleged that five students were on the bus waiting to be driven from school. That being said, it appears that Mr. Omwathatth had driven the bus to school without the students and was arrested prior to leaving with them. Mr. Omwathatth blew a .037 on the intoxilyzer, well below the legal limit. He is further alleged to have stated that he consumed Nyquil and a "non-alcoholic Dr. Pepper."

I don't think that anyone could disagree with District Attorney Richard Brown's statement regarding the importance of protecting children. DWI is one of the most serious crimes with horrific consequences to innocent victims. Moreover, DWI is a preventable crime with some common sense and responsibility. However, regardless of how horrendous the situation may be, i.e, the presence of children in a school bus, the prosecution still has the legal burden of proving a case beyond a reasonable doubt. In this particular case, I believe the prosecution has stretched to find an applicable "A" misdemeanor to charge the defendant with.

Before going into the brief analysis, it is important to note that VTL 1192.1 is not a crime, but a traffic infraction. A conviction of this offense will result in a fine and potentially a couple weeks in jail at worst (very rare), but no criminal record. Moreover, 110/260.10, Attempted Endangering the Welfare of a Child, is a "B" misdemeanor punishable by up to 90 days in jail. Clearly, and understandably, because this case involves children both directly and indirectly, the prosecution wanted a larger hammer. Therefore, Reckless Endangerment (NY Penal Law 120.20), a class "A" misdemeanor punishable by up to 1 year in jail, is that hammer.

Read more after the jump...

Continue reading "Bus Driver Arrested in Queens with Kids on Bus: Charged with Reckless Endangerment & DWAI" »

Attorney General Andrew Cuomo announced the arrest of eight more individuals in connection to the insurance fraud ring known as the "Levy Enterprise." Seven of the people charged are hospital employees who allegedly obtained personal information of patients. The employees then sold this information or received bribes to share the information. The information was then allegedly used by third parties "to lure patients into receiving unnecessary treatment and then submit over a million dollars in phony personal injury claims to insurance carriers." The eighth person, an attorney, is also alleged to have perpetrated this scheme.

According to the Attorney General:

"The Levy Enterprise would then use the information to lure motor vehicle accident victims to corrupt medical clinics, where medical personnel would submit fraudulent claims for unnecessary medical treatment and the attorneys would file bodily injury lawsuits, all to turn a profit for themselves."

William R. Hamel (an attorney at Dinkes and Schwitzer) is charged with Bribery in the Third Degree, in violation of Penal Law § 200.00. Bribery in the Third Degree is a class D felony punishable by up to seven years in prison.

Pradhudial Balkaran (a hospital employee at Lincoln Medical and Mental Health Center), Franklin Martinez (a hospital employee at Lincoln), Vanessa Marte, (a hospital employee at Lincoln), Natasha Samuels (a hospital employee at Lincoln), Benito Figueroa (a hospital employee at Lincoln), Odalis Caraballo, (a hospital employee at Lincoln) and Kenton Wright (a hospital employee at Jacobi Hospital) are charged with Bribe Receiving in the Third Degree, in violation of Penal Law § 200.10 . Bribe Receiving in the Third Degree is a class D felony punishable by up to seven years in prison. Moreover, these defendants are charged with the A misdemeanor, punishable by up to one year in jail, of Official Misconduct pursuant to New York Penal Law § 195.00.

A year long Westchester County investigation ended in the arrest of 21 people for their alleged involvement in the sale and transportation of untaxed cigarettes. It is alleged that during the course of the investigation, the defendants purchased $16 million worth of unstamped cigarettes from undercover officers. It is further alleged that a confidential informant assisted in targeting numerous individuals whose total sales and purchases exceeded nine million unstamped cigarettes. These illegal transactions equated to a New York State cigarette excise tax stamp fraud of approximately $21 million.

According to the Westchester County District Attorney's Office:

New York State imposes an excise tax on cigarettes in the amount of $2.75 per pack of twenty cigarettes. Additionally, New York City is permitted to impose an additional $1.50 per pack, bringing the total combined tax rate to $4.25.New York State collects the cigarette tax through the sale of tax stamps, which are sold to licensed New York State stamping agents. An agent must affix the stamps to packages of cigarettes in order for those packages to be sold in New York State. The stamping agent can then sell the cigarettes to wholesale or retail businesses.To circumvent the excise taxes, and earn more profit on cigarette sales, some cigarette dealers illegally purchase unstamped cigarettes from unauthorized sources.

The defendants - Ali M. Abadi, Ibrahim A. Ahmad, Mohamed Ahmed, Omar Nagib Ali, Ibrahim Althnaibat, Jamil H. Alzokari, Mohamed A. Benkhiyar, Ahmad Aldabesheh, Yin Sin Wu, Obrero Barrio, Andre Ford, Ronald Everett, Przaemyslw S. Holynski, Alou Keita, Mohamed Lemine Ould Sidi, Henry Polanco, Abdo Quhshi, Norman A. Saif, Mohamed O. Salick, John Taveras and Ri Q. Wu are facing significant prison with a mandatory minimum term of incarceration. The offenses are as follows:

Criminal Tax Fraud in the First Degree, a B felony punishable by a minimum of 1 to 3 years and a maximum of 8 and 1/3 to 25 years. Criminal Tax Fraud in the Second Degree is a C felony punishable by no incarceration and up to 15 years. Criminal Tax Fraud in the Third Degree is a D felony punishable by no incarceration and up to 7 years. The dollar amount associated with these offenses closely tracks, but not precisely, the Grand Larceny statutes in relation to monetary loss. For example, like Grand Larceny in the First and Second Degrees, Criminal Tax Fraud in the First and Second Degrees requires, among other things, a fraud of $1 million and $50,000 respectively.

Time will tell what happens with these defendants and whether they put forth their best defense. Whatever they determine their strongest defense might by, they should implement that plan before they compound their already precarious situation.

Plaxico Burress, the former All-Pro wide receiver for the New York Giants, pleaded guilty in Manhattan Supreme Court today to Attempted Criminal Possession of a Weapon in the Second Degree, pursuant to New York Penal Law 110/265.03. Although Burress had been facing a minimum of 3.5 years in state prison, prosecutors agreed to offer a lighter sentence of 2 years in state prison followed by 2 years of post-release supervision.

Despite Burress' best efforts for "jury nullification," a Grand Jury indicted him for an offense that did not require any intent to commit a crime. In other words, his mere possession of the loaded firearm outside his home or place of business without a permit would have landed him behind bars for up to 15 years. From a legal standpoint, although the minimum sentence on a plea was 3.5 years, by allowing Burress to plea to the attempted crime, as opposed to the actual completed crime, reduced the offense from a "C" violent felony to a "D" violent felony. Under New York law, a sentence of 2 years is a legal disposition for "D" violent crimes. Additionally, the term of post release supervision is mandatory regardless of which offense he pleaded to.

The Manhattan District Attorney's Office certainly did not treat Burress as the hometown hero. At the same time, he wasn't treated more severely than any other denizen of the city under the same set of circumstances. If, for example, the police merely arrested Burress for carrying a loaded firearm licensed outside of the state or the police arrested him for possessing a gun with an out of state permit locked away in a case to check at an airport, then a 2 year sentence would certainly be very harsh and arguably unjust. Under those examples, a defendant may take a felony plea, but a criminal defense attorney may be able to negotiate a misdemeanor deal as well. While not typical, people charged with the same or similar crimes have even avoided a criminal conviction all together if there are enough mitigating factors.

Burress' case, while the same technical crime, is clearly distinguishable from those circumstances. Here, Burress not only possessed a loaded firearm without a permit in New York, but his permit lapsed out of state. To ratchet up the severity of this offense even further, he endangered the lives of others by inadvertently firing the gun inside a nightclub. Unfortunately, these facts along with the injury he suffered compounded the situation and elevated the gravity of the offense in the eye's of the prosecution.

This case highlights the severity and seriousness of crimes involving guns. While each case is unique, if you possess a loaded firearm without a permit while you are walking the streets of New York you are putting yourself in grave danger with the law. Mitigating circumstances may reduce the crime or the sentence, but as Burress knows all too well, even the best attorneys may not be able to save you from yourself.

Crotty Saland, LLP, a top New York criminal defense firm based in Manhattan, is pleased to announce that once again one of our criminal defense attorneys has been sought out for his perspective and expertise regarding a current legal matter. Over the past year, our criminal defense lawyers have been featured on the CBS Evening News, Sports Illustrated Online, New Jersey Times-Ledger, AM-NY, Vault.Com and Associated Press. Jeremy Saland, one of our criminal defense lawyers and a former Manhattan prosecutor, commented on the devastating and horribly sad incident involving Diane Schuler. Specifically, the Associated Press questioned why the family now challenges the medical examiner's findings that Mrs. Schuler had a significant amount of alcohol and some drugs in her system. As most of the public is aware, Mrs. Schuler's alleged drunk driving along New York's Taconic State Parkway resulted in the death of her child, her nieces and three men in another vehicle.

Mr. Saland explained that it was highly unlikely any criminal charges would be brought against Mrs. Schuler's husband. Yet, it is likely that the family is challenging the findings by the medical examiner for two main reasons. The first may stem from their concerns that Mrs. Schuler's estate and assets may be subject to damages on a civil suit in the event one is commenced. Although insurance may cover those damages, if the family can dispute the findings of the medical examiner and establish that the accident was the result of an unknown medical condition, for example, the family may be able to defend against a potential law suit. Moreover, the family also would like to clear their name and dispute the findings that Mrs. Schuler callously killed her daughter, nieces and three other men while driving drunk.

Regardless of the outcome, this incident is one of the saddest stories in recent history and a wake up call to anyone who would consider getting behind the wheel of a car while intoxicated.

Las Vegas is a lot of fun, but according to the Queens County District Attorney's Office, what happens in Vegas, stays...out of Queens. According to the Queens District Attorney's Office, thirteen men were arrested and indicted for charges relating to gambling including Enterprise Corruption, Promoting Gambling in the First Degree, Money Laundering in the Third Degree and Conspiracy in the Fifth Degree. If convicted of Enterprise Corruption, the defendants face up to twenty five years in prison.

According to the Queens DA's Office, the 86 count indictment alleges that the defendants ran an offshore wire room in Costa Rica which was accessible through a toll free number as well as a website - www.perfectwager.com. Bets were placed as low as $200 and as high as $4,000 for a single game.

In addition to the arrests of Michael Mildenberger, James A. Rossi, Carmen V. Cicalese (not in custody at this time), Anthony Acierno, Michael M. D’Angelo, Peter P. D’Angelo, William E. Jennings, Robert E. Degiacomi, John J. Marino, Gene Panariello and Joseph R. Sofia, law enforcement officials have reported that they seized nearly $400,000 in cash from various locations as well as a Mercedes Benz, Lincoln Navigator and a Lincoln MKS.

District Attorney Brown said, “Illegal sports betting reaps millions of dollars in cash profits that are easily diverted to more insidious criminal enterprises. These are not victimless crimes. In fact, participants often use threats, intimidation and even physical force to collect debts. Today’s indictments will send a clear signal that when it comes to illegal gambling in Queens County, all bets are off.”

As New York City criminal defense attorneys and former Manhattan prosecutors, we at Crotty Saland, LLP recognize that these defendants face not only serious charges, but the results of an investigation that utilized both state and federal law enforcement. However each of these defendants determines they should proceed, it is likely that the next few days will be critical in both ascertaining and implementing their respective defenses.

Robert Morgenthau has a well coached team. He certainly had an advantage out of the gate with a lot of “Division I” prosecutors. When it came time to hit the field, his pass rush was relentless and his secondary was all over Plaxico Burress. In fact, Burress didn’t stand much of a chance of corralling in the “long ball” of "jury nullification." Did Burress fumble before a Manhattan Grand Jury or was his quarterback sacked before he could toss the ball the distance of the field? I don’t know. I wasn’t there. Regardless, the Manhattan District Attorney’s Office has a “Giant” lead going into the fourth quarter and I don't believe that Burress will display any game winning heroics.

So what happened? What kind of second half should we expect?

As I explained to Sports Illustrated Online, when Burress testified he attempted to sway the Grand Jury to not just understand how he lacked any criminal intent, was remorseful and the firearm was legally purchased/possessed in another state, but that the Grand Jury should disregard that law. This is the concept of "jury nullification." Unfortunately for Burress, the law of Criminal Possession of a Weapon is quite clear. Criminal intent is not an element of NY Penal Law 265.03(3). Let me make that clear in case you missed it or I stuttered…Criminal intent is not an element of NY Penal Law 265.03(3). That's right, merely possessing a loaded firearm outside one’s home or place of business and without a permit to do so is a “C” violent felony punishable by a minimum of 3.5 years and a maximum of 15 years in prison.

There have been some attorneys who believe Burress did the right thing by testifying in the Grand Jury. One self impressed legal blogger even boldly exclaimed that Burress' attorney “nailed” it (boy was he foolish...I hope he has never told a client that "he nailed it" before!). If it worked and Burress had convinced the Grand Jury that an indictment was not the best route, his attorney would certainly be covered in Gatorade right now.

The countless coaches of the criminal courts can argue whether the strategy to put Burress in the Grand Jury was the right decision, but I think it is fair to say that in Burress’ case, once negotiations fell apart, what was his choice? Take two years or try to beat the case in the Grand Jury. Arguably, from a career perspective, how could Burress not have fought the case? 3.5 years or 2 years to his football career may have been a permanent termination of his contract, a/k/a, career, either way. That being said, if he recognized the gravity of the evidence against him and had taken responsibility early, he would have served a significant portion of his time already. While I am confident Burress and his attorney grasp the strength of the case, I am also confident they recognize what is/was at stake. For all of us reading this article and surfing the web…it’s much easier to play armchair quarterback then actual quarterback.

So where does this leave Burress? The prosecution may or may not re-offer the 2 years now that the Grand Jury has indicted him. As a prosecutor in Manhattan for 7 years I rarely, if ever, made the same offer post-indictment. Even it was re-made, Burress might reject it anyway. His attorney will certainly attack the case legally: Was the Grand Jury proceeding defective? Although it is not likely, do New York’s weapon statutes go too far as to fly in the face of the Second Amendment as we saw in the District of Columbia v. Heller (In Heller, the District of Columbia’s ban on an entire class of arms was found to be unconstitutional. A Brooklyn Supreme Court Judge recently found that the decision had no bearing on the New York statute)?

Maybe Burress can convince a trial jury he is remorseful and he lacks any criminal intent. As noted (again!), however, criminal intent is not an element. Even so, he may argue that he is an athlete, had a “bull’s eye” on his back and only had the gun for self defense. I mean, he is Plaxico Burress! As compelling as that sounds, if I still had on my “prosecutor hat” (they took it from me along with my “get out of jail free card” when I resigned), I would have a field day with this argument.

Is it Burress’ position that if you are an athlete, in the public eye, drive a nice car, have nice jewelry, etc. you should be held to a different standard (can someone say “ego?”)? Is there a “reasonable person standard” that dictates your “average Joe” can’t carry a gun if he wears Gap jeans and drives a Honda unless he has a permit, but an “affluent person standard” that states that if you are famous, drive a Mercedes or have some “bling,” you don’t need a permit? Moreover, if he was so concerned and affluent, what was he doing out without security or why didn’t he apply for a permit like everyone else who legally carries a firearm in NYC?

Taking this argument further, Burress likely argument is that he would only have used the gun if he was confronted or put in real imminent and life threatening danger. Yet, who would establish this level of danger? If two men approached him merely with their fists and said “give us your earring,” could he respond with the force of a firearm? Is that a legal self defense? Obviously, this is a bare bones assessment and brandishing or using a firearm may ultimately constitute a legal self defense under the right set of facts, but a hypothetical situation that never could truly be answered unless it actually happened.

Only time will tell us what happens to Burress’ freedom and future. He will be arraigned in Manhattan Supreme Court on the indictment. His attorney will file a motion or motions to challenge the Grand Jury proceeding and to make other legal arguments. I would anticipate that behind the scenes the conversations will still take place as to plea deals. It may take four, five or six months before we find out whether Burress’ attorney was successful with his motions or the case becomes one of the trials of the decade and Burress the unfortunate central protagonist in a ready-made Law and Order special.

The game is not over...yet. We have only reached half time. Burress has a tremendously skilled attorney and advocate. In fact, one of the best. But I'll tell ya' what...I wouldn’t want to be in Burress’ cleats right now.

The Manhattan based criminal defense law firm, Crotty Saland, LLP, is pleased to announce that Sports Illustrated Online and the Vault.Com have once again sought out one of our criminal defense attorney's insight regarding Plaxico Burress' gun possession case (Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03). Jeremy Saland, one of the criminal defense attorneys, drafted two articles for the Vault.Com regarding the Grand Jury proceeding in general as well as an analysis of Mr. Burress' decision to testify before that body. Moreover, CNNSI.Com utilized Mr. Saland's experience as a former Manhattan prosecutor and criminal defense attorney in their piece on Plaxico Burress as well.

Crotty Saland, LLP is a criminal defense firm representing clients throughout the NYC area for white collar and violent crimes. Started by two former Manhattan prosecutors, Crotty Saland, LLP utilizes the experience they have from both sides to zealously advocate for their clients, develop legal strategies and implement their clients' defenses.

In the even that you or a loved one is under investigation, arrested or charged with any crime, contact Crotty Saland, LLP.

As I type, it is likely that Plaxico Burress is sitting in a Manhattan Grand Jury testifying about the events that ultimately resulted in his arrest for possessing a loaded firearm in New York and being charged with Criminal Possession of a Weapon in the Second Degree. As a former Manhattan prosecutor who served for seven years under Robert Morgenthau and who has cross-examined many defendants in the Grand Jury and represented clients in the same, I have unique insight that many New York criminal defense attorneys do not. The following entry will address some of what happens in this "secret proceeding."

What is the Grand Jury

The Grand Jury in New York State consists of a group of people no different than you or me. Old and young. Doctors and construction workers. Men and women. Black, white and every shade in between. Although in other smaller jurisdictions prosecutors need to convene a Grand Jury, at any given time in New York County (and likely throughout NYC) there are multiple Grand Juries sitting. In fact, Manhattan often has at least three Grand Juries sitting in the morning followed by three in the afternoon. At least one Grand Jury sits all day. This does not include Grand Juries convened by the Office of the Special Narcotics Prosecutor. Grand Juries hear all charged felonies from Assault and Criminal Possession of a Forged Instrument to Identity Theft and Mr. Burress' Criminal Possession of a Weapon.

The Grand Jury consists of up to twenty three people. On any given day, sixteen Grand Jurors are needed for a quorum. A quorum is required before evidence can be heard. Regardless of whether there are sixteen or twenty three Grand Jurors present, twelve Grand Jurors are always need to vote on the evidence.

Burden of Proof

A determination by the Grand Jury to vote a "true bill" or indict a defendant is not a finding of guilt. A guilty or not guilty verdict is rendered at trial. Instead, the Grand Jury must determine whether there is "reasonable cause to believe" that the accused committed the particular felony crime. Unlike "beyond a reasonable doubt" at trial, "reasonable cause to believe" can also be viewed as whether or not a reasonable person believes that it is probable, based on evidence presented, that the accused is guilty of the crime charged. Regardless of whether the case is before the Grand Jury or before a jury at trial, the evidence must always be legally sufficient to support the charges.

Secrecy of the Grand Jury

Prosecutors cannot share with the public what happened in the Grand Jury (who testified, what was said, the result of the deliberations, etc.). In fact, there are criminal ramifications if he or she does so. However, a witness may reveal what he or she testified about, but not the names of other witnesses or their testimony if they know what that testimony was.

Role of the Prosecutor

There is no judge in the Grand Jury. A prosecutor acts as the judge. That means he or she chooses what evidence is admissible and instructs the Grand Jury on the law. Obviously, the law gives the prosecution ample room to decide how and what to present to the Grand Jury. In fact, prosecutors often provide significantly less evidence to a Grand Jury than they would present at trial. A two day Grand Jury proceeding may become a two week trial. However, being given room to interpret the law does not mean the rules of evidence can be abused or otherwise inadmissible evidence is now admissible.

A criminal defense attorney can protest or challenge the prosecution, but since it is a secret proceeding, it is not likely he or she will know what was presented until after a judge reviews the minutes of the Grand Jury proceeding. That being said, a judge is available for criminal defense attorneys and prosecutors to meet with in the event an issue presents itself during the proceeding.

One thing that is unique about the Grand Jury in New York County (Manhattan) is that the Manhattan District Attorney's Office pursues cases through vertical prosecution. In other words, the prosecutor who picks up the case from its inception is the same prosecutor who presents the case to the Grand Jury and ultimately at trial if necessary. This practice is different from other New York City offices where one prosecutor may draft the initial case, one presents it to the Grand Jury and another prosecutor handles it for trial.

Does the Accused have the Right to Testify

In New York State, a defendant has a right to testify before the Grand Jury. In fact, if the prosecution violates this right and presents the case to the Grand Jury, a judge may dismiss the indictment and require that the prosecution re-present the case to the Grand Jury to allow the defendant to testify. More often than not, however, defendants do not testify before the Grand Jury.

Ramifications of testifying after the jump...

Continue reading "The New York Grand Jury, Plaxico Burress and Any Person Accused of a Crime: Beyond a Possible Indictment What Happens Behind Closed Doors" »

Crotty Saland, LLP has been following the Plaxico Burress case since its inception. In fact, Jeremy Saland's legal analysis has been sought out and utilized by CNNSI.Com, AM-NY and the NJ Star Ledger. Well, according to the NY Post, legendary Manhattan DA Robert Morgenthau is seeking a term in state prison for Plaxico Burress while one of his prosecutors begins presenting the wide receiver's Gun Possession case to the Grand Jury. Mr. Burress is due back in Manhattan Criminal Court Part F on September 23. If a Grand Jury indicts Mr. Burress for the charge of Criminal Possession of a Weapon in the Second Degree for possessing a loaded firearm, however, the case will be adjourned to the Supreme Court Criminal Term in Manhattan for his felony arraignment on the indictment.

If the NY Post is correct, Mr. Morgenthau has been seeking two years of state prison while the defendant's attorney has stated Mr. Burress refused to do more than a year on Riker's Island (which would likely be much less due to "good behavior").

Currently, Mr. Burress faces two charges of Criminal Possession of a Weapon in the Second Degree, pursuant to NY Penal Law sections 265.03(3) and 265.03(1)(b). "C" violent felonies, both of these theories of the same crime carry a minimum sentence of 3.5 years and maximum sentence of 15 years upon a conviction. Although these are the only crimes that the defendant appears to be currently charged with on the criminal court complaint, prosecutors are not "stuck" with these charges if the case is presented to the Grand Jury. Additional charges, such as felony Reckless Endangerment (a class "D" non-violent felony punishable by no jail and up to 2 1/3 to 7 years in state prison) could be presented to the Grand Jury at the appropriate time.

Whatever the outcome, Mr. Burress has a long road ahead of him and has reason to be concerned due to the potential sentence he faces. As former Manhattan prosecutors under Robert Morgenthau and as criminal defense attorneys in Manhattan representing clients throughout New York City, we have extensive experience with these crimes. In fact, Crotty Saland, LLP recently obtained an Adjournment in Contemplation of Dismissal (ACD) for one client and a Disorderly Conduct for another client charged with Criminal Possession of a Weapon in the Second Degree. Charged with possessing loaded handguns, our clients were understandably fearful that they could end up in jail. That being said, they could not have been happier when we worked out deals for them that not only avoided criminal records, but any jail at all.

As this moves along the path to what will likely be an "exciting trial," I expect that we will learn more about what happened that evening. Who else gets caught up in this case (Antonio Pierce) and the evidence that is presented will certainly captivate the media for months to come.

Some people should just keep white collar criminal defense attorneys on retainer. It seems that at least once every week or two, someone is arrested or indicted for Grand Larceny. While an arrest or an indictment certainly is not evidence of guilt, accusations of "sticky fingers" seems to be all the rage right now. Fortunately for the clients of Crotty Saland, LLP, top Manhattan based white collar criminal defense lawyers, our clients accused of these crimes have utilized our experience and knowledge to get tremendous results. In fact, in the past year each one of them has avoided jail and in some cases criminal records altogether for alleged thefts ranging from $20,000 to the tens of millions of dollars. As former Manhattan Assistant District Attorneys under Robert Morgenthau, we know how prosecutors build, investigate and prosecute these cases. Hopefully for Ms. Diana Lucretia Montague-Griffin's sake, she retains a criminal defense attorney who can keep her from spending from up to the next 25 years in state prison.

According to the Manhattan District Attorney's Office, Ms. Montague-Griffin worked at Arcadia Investment Partners, a Manhattan-based private investment firm. While working as the office manager, Ms. Montague-Griffin allegedly made unauthorized wire transfers and forged signatures on checks totaling $1.7 million. From about January 2006 through December 2008, it is alleged that Ms. Montague-Griffin withdrew approximately $375,000 in cash, spent $250,000 to renovate her home and $59,000 for an in-ground pool. It is further alleged that Ms. Montague-Griffin spent thousands of dollars each month on personal items such as hair and skin products, dental care, dining and clothes. Her alleged spending of the firm's money included other purchases at department stores and online including Nordstrom, Macys, QVC, Amazon.com, Target, JC Penny, and Wal-Mart. It is nor clear how much, if any, of the money is still in Ms. Montague-Griffin's possession.

Although Ms. Montague-Griffin is currently in custody in New Jersey, she has agreed to be extradited back to New York on her indictment. While indictments usual occur after a person is arrested, in Ms. Montague-Griffin's case, the Grand Jury indicted her prior to her arrest in what is often referred to as a No-Arrest Indictment or "NA" Indictment.

The indictment charges Ms. Montague-Griffin with one count of Grand Larceny in the First Degree, a class "B" felony. This offense is punishable by up to 8 1/3 to 25 years in prison. Although less serious, but still felonies, the indictment charges Ms. Montague-Griffin with five accounts of Grand Larceny in the Third Degree,10 counts of Forgery in the Second Degree and 10 counts of Criminal Possession of a Forged Instrument in the Second Degree. Each of these crimes are "D" felonies punishable by up to 2 1/3 to 7 years in state prison.

If Ms. Montague-Griffin has not done so yet, while she awaits being transported back to New York she should consider what her defense should be and how she will implement it. Giving up and throwing one's hands in the air is never the answer. Therefore, instead of compounding what is already a bad situation, Ms. Montague-Griffin should immediately retain experienced criminal counsel.

Robin Katz, the financial analyst at Chase Bank who was arrested for siphoning over $100,000 from a client, may have used a fake ATM card to perpetrate her alleged crime. As a NY criminal defense attorney at Crotty Saland, LLP who has had tremendous results representing clients in white collar crimes and as a former Manhattan prosecutor who spent years assigned to the Identity Theft Major Case Unit, it is clear that we are only seeing the tip of the iceberg. While that is not an assertion that more allegations will be made against Ms. Katz, it is likely that law enforcement has not released to the public or discovered all of the ways in which this crime was allegedly perpetrated.

A review of the charges against Ms. Katz reveals that she is currently charged with Grand Larceny in the Second Degree as well as Identity Theft in the First Degree. However, if the facts come out as the media has portrayed, I expect that Ms. Katz could be charged with additional crimes. For example, if the ATM card has been recovered or there is evidence that she wrongfully created it, she could be charged with Criminal Possession of a Forged Instrument in the Second Degree for physically having it or Forgery in the Second for creating it. Additionally, if she altered Chase records or deleted records to cover up her alleged theft, then prosecutors could charge Ms. Katz with Falsifying Business Records in the First Degree as well. Although Grand Larceny in the Second Degree is the most serious of the offenses and punishable by up to fifteen years in state prison, Criminal Possession of a Forged Instrument and Forgery in the Second Degrees are punishable by up to seven years in prison while Falsifying Business Records in the First Degree is punishable by up to four years in prison. Regardless of the amount of time she faces, I expect that her time in Rikers and $50,000 bail has made it overwhelmingly clear that any jail time is devastating.

Without knowing all the facts of the case it is difficult to assert what her best defense to these crimes is. Is it trying to mitigate what happened or is there a way to challenge the facts? Whatever the defense, Ms. Katz has a long road ahead of her. The Manhattan District Attorney's Office will certainly not be feeling overly generous with a woman who allegedly perpetrated a crime over a period of months and created an ATM card to do so. However, with an experienced and knowledgeable white collar criminal defense attorney at her side she may one day be able to sit back in her apartment (not a jail cell) recognizing that it could have been much worse.

The Manhattan District Attorney's Office has painted a very bad picture of Lawrence Salander, Leigh Morse and the Salander O'Reilly Galleries after they obtained a second indictment in connection with Mr. Salander's alleged theft from and defrauding of the estates of numerous artists.

As I previously noted in the first two blog entries, Mr. Salander has already been arrested and indicted in connection to an 88 million dollar fraud. This second offense involves the alleged theft of an additional 5 million dollars from numerous estates. These estates had given their works of art to Mr. Salander and his gallery so that they could be sold or exhibited.

It is alleged by the Manhattan District Attorney's Office that one of the victims is the estate of Robert De Niro, Sr., an American abstract expressionist painter, who is the father of actor Robert De Niro, Jr. It is claimed that artwork provided by Mr. De Niro's estate was sold by the Saldner O'Reilley Gallery without notice or, in the alternative, without proper payment.

According to the Manhattan District Attorney's Office:

"[T]he investigation revealed that the Estate of Robert De Niro, Sr. formally began a relationship with defendants in 1994 when the Salander-O'Reilly Gallery was made the exclusive representative of the Estate. As such, the Gallery was tasked with the promotion, sale, and exhibition of Robert De Niro, Sr. works. Throughout their 14-year relationship, Mr. Salander and other dealers of the Salander-O'Reilly Galleries, including Ms. Morse, repeatedly sold De Niro, Sr. works, did not inform the Estate of the actual volume of sales, and did not pay the Estate for the majority of those sales. The investigation further revealed that Mr. Salander repeatedly used the stolen funds or the works of art themselves to satisfy Salander-O'Reilly Galleries’ debts. For instance, in June 2006, Mr. Salander and the Gallery entered into a settlement agreement whereby the Gallery relinquished full title and ownership of several works of art owned by the Estate of Robert De Niro, Sr. and other artists to a gallery in Italy, to satisfy the Salander-O'Reilly Galleries’ multi-million dollar debt to that Italian gallery."

While Mr. Salander still faces up to twenty five years in prison on the new charges relating to Grand Larceny in the First Degree, Ms. Morse "merely" faces up to seven years in prison due to the indictment charging her with Grand Larceny in the Third Degree and four years in prison for the charge of Scheme to Defraud in the First Degree.

If you or a loved one is charged with any fraud or white collar related crime in New York, contact the former Manhattan prosecutors and criminal defense attorneys at Crotty Saland, LLP to preserve your freedom and good name.

Crotty Saland, LLP has learned that Lawrence Salander, the famous owner of a well know art gallery in Manhattan that was recently closed, faces new charges in association with an 88 million dollar fraud scheme. A Manhattan Grand Jury has already indicted Mr. Salander for Grand Larceny in the First Degree, Securities Fraud, Falsifying Business Records, Forgery and Criminal Possession of a Forged Instrument. Although it is unclear whether the new indictment is for separate and distinct crimes or for activities associated with the first indictment, Mr. Salander faces up to twenty five years in the first case. He is due back in Manhattan Supreme Court before Judge Obus on July 31, 2009.

The former Manhattan prosecutors and New York criminal defense attorneys at Crotty Saland, LLP will keep you informed as we learn more.

***UPDATE***

The Manhattan District Attorney's Office announced last month the arrest and indictment of Marc A. Bernstein for Grand Larceny in the Second Degree as well a other charges for an alleged scheme where he stole over $600,000 from client escrow accounts. Well, unfortunately for Mr. Bernstein, the Manhattan District Attorney's Office announced once again that he had been re-arrested (he was out of custody on $250,000 bail) and charged with multiple counts of Grand Larceny in the Second Degree for stealing $1,500,000 from five clients' escrow accounts. In total, the alleged theft is approximately $2,200,000.

According to the Manhattan District Attorney's Office:

"In the typical case, Mr. Bernstein negotiated a settlement on behalf of the victim, took control of the incoming settlement money and then stole it. In one instance that has now given rise to charges, Bernstein, acting as an escrow agent, received $900,000 in real estate deposit money on a contract of sale for the purchase of a building in lower Manhattan and stole that money from the intended purchaser of the property."

In the current case involving the $1,500,000, as opposed to the previous theft case involving approximate $600,000, the Grand Jury indicted the defendant for Grand Larceny in the Second Degree, Grand Larceny in the Third Degree and Scheme to Defraud in the First Degree. Grand Larceny in the Second Degree is punishable by up to 5 to 15 years in prison, Grand Larceny in the Third Degree is punishable by up to 2 1/3 to 7 years in prison and Scheme to Defraud in the First Degree is punishable by up to 1 1/3 to 4 years in prison.

It is interesting to note that since these scheme involve different clients and different times, it is possible, albeit unlikely, that the sentences can run consecutive, as opposed to concurrent. Moreover, although it is commonly done where the scheme involves the same victims as opposed to multiple victims, there is case law permitting an aggregation of the total amount to raise the level of the crime as opposed to making each theft from each victim a distinct and separate lesser offense. Regardless, Mr. Bernstein faces serious challenges ahead.

Whatever the challenge is before you or a loved one, contact the white collar criminal defense attorneys at Crotty Saland, LLP.

It seems like every day you open the newspaper some crew or group of individuals is either being arrested, investigated or indicted for Enterprise Corruption in New York City. Well, New York Attorney General Andrew Cuomo announced the indictment of 12 people and 9 corporations for Enterprise Corruption and other crimes. According to the Attorney General "The Levy Enterprise" paid hospital employees for confidential patient information, lured patients into receiving unnecessary treatment, and then submitted over a million dollars in phony personal injury claims to insurance carriers.

The 147 count indictment unsealed yesterday charges Daniel Levy, Dr. Hoi Yat Kam, Alex Levy, Desmond Connell, Daniel G. Madrid, Ronald J. Schwartz, Dr. Salvatore Lentini, Yan Yan Yu, Dr. Haroutyoun Tiikranian, Lai Fan Xue, Cheng He, and Dr. Aleksandra Gashinskaya, in varying capacities with Enterprise Corruption, Scheme to Defraud in the First Degree, Money Laundering in the Second Degree, Grand Larceny in the Third Degree, Insurance Fraud in the Third Degree, Falsifying Business Records in the First Degree and other charges. These men and women, some of whom are doctors and lawyers, face not only the potential sentence of 25 years in prison on the Enterprise Corruption and 4 years on the "lesser" charge of Falsifying Business Records, but also face the real risk of being disbarred from their particular practice areas. Mary Jimenez and Lloyd Modeste, both hospital employees, were charged with Bribe Receiving on a separate complaint, but do not appear to have been indicted by the Grand Jury.

If you find yourself under investigation, arrest or indictment for a white collar or violent crime contact the criminal defense attorneys at Crotty Saland, LLP. As former prosecutors in the Manhattan District Attorneys Office who served under Robert Morgenthau for more than a combined thirteen years, the white collar criminal defense attorneys at Crotty Saland, LLP stand ready to fight to protect your name and liberty.

Crotty Saland, LLP a top white collar criminal defense firm, has learned that the Manhattan District Attorney's Office has announced the indictment of thirteen individuals and a mortgage company in connection to a mortgage fraud scheme allegedly perpetrated in the New York City region over the past four years. Charged with Enterprise Corruption (PL 460.20), Grand Larceny in the First and Second Degrees (PL 155.42 and PL 155.40), Scheme to Defraud in the First Degree (PL 190.65) and Conspiracy in the Fifth Degree (PL 105.05), it is alleged that:

AFG Financial Group, Eugene Culbreath, Eric Shields, Matthew McDermott, Marc Zirogiannis, Kenneth Law, Kathleen Scanlon, Jeffrey Phelan, Jerry Strklja, Marilyn Mateo, Darlita Bostic, Allyson Hinds, and Rajmohan Autar, in varying roles, "...located distressed residential real estate properties in New York City and surrounding counties. They then engaged in a fraudulent scheme to steal millions of dollars from lending banks in Manhattan and elsewhere using sham sales of those properties. The conspirators caused the banks to front millions of dollars to finance purchases of the properties. They then walked away with most of the cash, leaving behind over-valued properties and worthless mortgage papers." The Manhattan District Attorney's Office further claims that recruiters found straw buyers who would be paid to enter into a real estate transaction where they were informed that the true homeowner would benefit from they service. Moreover, the straw buyers were told they would receive further compensation. After the mortgages and transactions were completed, the straw buyers did not receive any compensation and were left with possession of the mortgages which they could not pay. As a result, not only did the straw buyers lose money, but their credit went drastically south.

Not only is it alleged that fraudulent mortgage documents, falsified W2s and and inflated appraisals were created to perpetrate this crime, but is is further claimed by the Manhattan District Attorney's Office that lawyers for AFG Financial Group would, among other things, be present at closings in order to make sure the scheme ran smoothly.

In total, it is believed that the sum of the mortgage scheme was in the neighborhood of one hundred million dollars.

If convicted of Grand Larceny in the First Degree or Enterprise Corruption, the defendants face up to 8 and 1/3 to 25 years in prison. Grand Larceny in the Second Degree carries a sentence of up to 5 to 15 years in prison and Scheme to Defraud in the First Degree has a potential term of imprisonment of 1 and 1/3 to 4 years in prison. Conspiracy in the Fifth Degree is a misdemeanor punishable by up to 1 year on Riker's Island.

As a former Manhattan prosecutor who served under Robert Morgenthau supervising multi-million dollar fraud schemes and as white collar criminal defense attorney who has successfully represented clients in Manhattan for alleged million dollar theft schemes, I must say that these defendants need to act quickly to ascertain and implement their strongest defense. I have mentioned in the past that Investigation Division Central, the bureau handling this case, consists of prosecutors who are not merely aggressive in their pursuit of criminal activity, but made up of individuals who are thorough in that pursuit. Delays on the part of the defendants could be costly.

If you or a loved one is the target of an investigation, under arrest or facing and indictment, contact the white collar criminal defense attorneys at Crotty Saland, LLP so you can put forth your best defense to preserve your rights, liberty and integrity.

The Manhattan District Attorney's Office announced the indictment earlier today of Mark A. Focht, the former Chief Operating Officer of 3V Capital Management LLC. It is alleged that Mr. Focht perpetrated the white collar crime of Grand Larceny in the Second Degree (PL 155.40) by stealing $250,000 from one of the funds that he managed. He is also charged with Forgery in the Second Degree (PL 170.10) and Falsifying Business Records (PL 175.10) in the First Degree for allegedly creating forged documents to both execute his thefts and to cover them up once he was done.

According to the Manhattan District Attorney's Office's press release:

Mark A. Focht "stole $250,000 by using a forged authorization form to wire $250,000 out of a bank account of Pierce Diversified Strategy Master Fund, LLC, one of the funds managed by 3V Capital Management. Mr. Focht used the stolen money to make a personal investment to benefit himself. To conceal the missing $250,000, Mr. Focht created forged documents that falsely represented to both Mr. Focht’s employer and to the client hedge fund that the $250,000 had been invested on behalf of the hedge fund. In fact, the $250,000 was invested by Mr. Focht for his own purposes, in violation of the legal, fiduciary and ethical obligations he owed his clients."

If convicted of the Grand Larceny in the Second Degree, Mr. Foch faces up to 15 years in prison. Forgery in the Second Degree is punishable by up to 7 years in prison and Falsifying Business Records is punishable by up to 4 years in prison.

As a former Manhattan prosecutor who served under Robert Morgenthau for seven years, I supervised white collar investigations and prosecutions with the NYPD, Secret Service, Postal Inspection Service, State Department and SEC. Many of these prosecutions involved multiple millions of dollars in theft through both forgery and the falsification of business records. The prosecutors who are handling this case are not merely diligent and methodical in their investigations, but experienced in these types of crimes. In fact, the bureau that is pursuing this case, Investigation Division Central, consists of many elite prosecutors and support staff who for years have handled similar crimes and obtained convictions for those crimes. In short, Mr. Focht and his criminal defense attorney have a lot of work ahead of them.

Whether you are charged with Grand Larceny, Forgery or Falsifying Business Records, a white collar criminal defense attorney with practical experience who has battled in the trenches on both sides is required in order to preserve your liberty and integrity. While no attorney can guarantee a particular result, the white collar criminal defense attorneys and former Manhattan prosecutors at Crotty Saland, LLP have the experience, knowledge and tenacity to assess your case and implement the right plan to zealously defend your rights, freedom and good name.

Elizabeth Crotty, an attorney at the New York City and Manhattan based white collar criminal defense firm Crotty Saland, LLP, was interviewed earlier today for the CBS Evening News with Katie Couric. As a former Manhattan prosecutor and a white collar criminal defense lawyer in New York, Ms. Crotty explained where she believed the Madoff case was heading after the sentencing of Mr. Madoff. Specifically, Ms. Crotty was asked about future indictments of other participants in Mr. Madoff's ponzi scheme. While Ms. Crotty is certainly not privy to the United State's Attorney's investigation, Ms. Crotty explained that assuming there are future indictments we should not expect to see those indictments for at least another six months. Ms. Crotty further stated that due to the magnitude of the case and the investigation, prosecutors still likely have many stones to overturn and a significant amount of work ahead of them to pursue other potential conspirators.

If you or a loved one is in need of legal representation and a criminal defense attorney for a white collar crime, contact the former Manhattan prosecutors at Crotty Saland, LLP. Whatever your best defense may be, Jeremy Saland and Elizabeth Crotty will take the time to address your concerns, explain the legal process and implement what is needed to zealously defend your liberty, integrity and future.

According to the Manhattan District Attorney's Office, Joseph Ungar, CEO of ABEC Industries, Inc., pleaded guilty yesterday to Grand Larceny in the Second Degree and Scheme to Defraud in the First Degree in New York County Supreme Court after an investigation revealed he had sold knock off industrial parts to the MTA. Mr. Unger also pleaded guilty to a crime related to his failure to properly pay taxes associated with his business. The ABEC Industries, Inc. also pleaded guilty to Identity Theft and Trademark Counterfeiting.

As a result of Mr. Ungar's plea, he will make full restitution of over $125,000 for the scheme. Additionally, he will be given a lifetime debarment from doing business with the MTA and serve five-years of probation. Mr. Unger must also pay over $200,000 in back taxes. If Mr. Unger fails to comply with the terms of his plea he will not be sentenced to probation, but instead could receive two to six years in state prison.

Between 2003 to 2008, Mr. Ungar fraudulently portrayed himself and his business as another person and another firm because of his alleged past ethical and professional lapses associated with his business. As a result, the MTA was duped into agreeing to contracts while unaware it was in fact Mr. Ungar. Mr. Ungar then supplied knock-off and counterfeit parts for MTA buses and subways. These parts were not American made, but made in China.

Beyond the crimes committed by Mr. Ungar, this case is even more interesting because the corporation pleaded guilty to a crime as well. More specifically, the top crime the corporation pleaded guilty to was Identity Theft for assuming the identity of another corporation or firm. While not common, this type of prosecution will likely gain steam where individuals and their corporations perpetrate frauds while assuming the identity of anther firm. As a result of ABEC's crimes, the company will cease operations and dissolve.

Rape, Sexual Abuse, Assault, Forcible Touching and Grand Larceny are a few of the charges Joseph Brooks, 71, faces today after the indictment against him was unsealed. Shawni Lucier, 42, Mr. Brook's assistant, was indicted on nine counts of Criminal Facilitation for her alleged role in the crimes. As Crotty Saland, LLP recently blogged, according to the Manhattan District Attorney's Office, Mr. Brooks allegedly raped and sexually assaulted eleven women in his upper east side apartment. It is further claimed that his personal assistant, Ms. Lucier facilitated the sexual assault of nine of these woman. Mr. Brooks had turned himself in on the charges, but Ms. Lucier will do so next week.

According to the Manhattan District Attorney's Office, Mr. Brooks engaged in this conduct from a period between March of 2005 through April of 2008. The women, as young as 18 and as old as 30, went voluntarily to Mr. Brook's apartment believing they were auditioning for an acting role. Prosecutors claim that Mr. Brooks flew many of these women into New York from as far as Washington State and Florida after they learned of the potential acting gigs on Craigslist. Once Mr. Brooks got the women into his apartment, however, they quickly learned there was no role to be had.

The Grand Jury indicted Mr. Brooks on:

Rape in the First Degree and Criminal Sexual Act in the First Degree - punishable by up to 25 years in prison.

Attempted Criminal Sexual Act in the First Degree - punishable by up to 15 years in prison.

Rape in the Second Degree, Criminal Sexual Act in the Second Degree and Sexual Abuse in the First Degree - punishable by up to 7 years in prison.

Rape in the Third Degree, Attempted Criminal Sexual Act in the Second Degree, Criminal Sexual Act in the Third Degree, Attempted Sexual Abuse in the First Degree and Grand Larceny in the Fourth Degree - punishable by up to 4 years in prison.

Sexual Abuse in the Second Degree, Forcible Touching, and Criminal Mischief in the Fourth Degree - punishable by up to one year in jail.

The Grand Jury indicted Ms. Lucier on:

Criminal Facilitation in the Fourth Degree - punishable by up to one year jail.

It is never easy to get inside the head of a prosecutor, but looking at the culpability of both Mr. Brooks and Ms. Lucier as well as the disparity in the potential punishment, it is conceivable that Ms. Lucier may not remain a co-defendant of Mr. Brooks for long. Clearly, Mr. Brooks, not Ms. Lucier, is the main target of the indictment and Ms. Lucier may be able to use that fact to her advantage. Regardless of how the case plays out, each of these individuals need skilled, experienced and savvy criminal defense counsel to put forth their best and most compelling defense as soon as possible.

The criminal defense attorneys and former Manhattan prosecutors at Crotty Saland, LLP have learned that Joseph Brooks, a Oscar winning songwriter and director, has been arrested and charged with rape and related crimes. According to law enforcement, it is alleged that at least four women were tricked into going to Mr. Brook's home where they claimed he engaged in some form of sexual acts with them. Manhattan District Attorney Robert Morgenthau has scheduled a press conference for today. Check back for updates and an analysis of the facts alleged and crimes charged.

*** UPDATE ***

Jack Chang, a tax preparer who currently is charged in Manhattan with Grand Larceny for his alleged tax fraud scheme, was arrested for threatening the life of Gilda Mariani, the Assistant District Attorney who is handling his case and who is also the top prosecutor in the Tax Crime and Money Laundering Unit. According to at least one report, Mr. Chang had sent letters to the prosecutor depicting a tombstone and stated that he had a 9mm handgun and that he was insane. Moreover, he is alleged to have said that he would shoot the prosecutor once for each year he served in prison.

According to the Manhattan District Attorney's Office, a search warrant at the defendant's house revealed a computer printout of Assistant District Attorney's Mariani's biography, as well as another threatening letter directed towards her. The letter stated, in pertinent part, “You will be captured and before you are sent to hell you will taste hell on earth.”

Mr. Chang, who was previously convicted of Grand Larceny in the 1990s, now faces not only the new Grand Larceny and Scheme to Defraud indictment, but he faces additional charges of Coercion in the First Degree, Placing a False Bomb or Hazardous Substance in the Second Degree, Stalking and Aggravated Harassment. Although Stalking and Aggravated Harassment are misdemeanors punishable by up to one year in jail, Coercion is a "D" felony punishable by up to seven years in prison and Placing a False Bomb is an "E" felony punishable by up to four years in prison.

Because of the nature of the threats, it is likely that both the District Attorney's Office and the courts will take a hard line in the event the defendant is convicted of these crimes. Moreover, the newest arrest can potentially run consecutive to the defendant's recent arrest for Grand Larceny.

If it is not overwhelmingly clear, Mr. Chang's alleged actions are clearly the worst way one could challenge the prosecution or fight for one's rights. As a former prosecutor in the Manhattan District Attorney's Office I can assert without any hesitation that threatening a witness, victim, judge or prosecutor is rightfully viewed by law enforcement as one of the most heinous crimes. Nothing good can come of these type of threats.

If you are being investigated or you have been arrested or indicted, the absolute best way to resolve a case is to retain experienced criminal counsel. A criminal defense attorney who is versed and skilled in criminal law will advocate for your rights and hold the prosecution to their burden without compromising any ethical standard or your integrity. Whether you are victorious in the defense of your freedom and liberty will require you to work alongside your criminal defense attorney and allow him or her to zealously defend you.

Just yesterday I blogged about a Grand Larceny involving seventeen tons of batteries in Queens. While that may have been a first, again in my years as a prosecutor and New York City criminal defense attorney, I have again come across another unique Grand Larceny crime. According to the Brooklyn District Attorney's Office, Thomas Parkin has been indicted by a Grand Jury on a 47 count indictment. He is charged with Grand Larceny in the First Degree, Forgery, Criminal Impersonation and other crimes for an alleged scheme where he dressed up as his deceased 77 year old mother to steal a Park Slope townhouse, social security benefits, and social service payments. Mhilton Rimolo is also charged in the indictment as well for his assistance in allegedly perpetrating the crimes.

As much as I would like to put this incident into my own words, I have attached the press release for my readers' review. The press release indicates as follows:

"In the 1990s, Irene Prusik (the defendant's mother) deeded her home, 492 6th Avenue, Park Slope, to her son, Thomas Parkin. At the time, Prusik, Parkin and Prusik’s other son lived in the building. Parkin was unable to maintain ownership, and in January 2003, the building was sold at foreclosure auction.

However, according to the indictment, after Prusik died, in September 2003, the two defendants began filing lawsuits against the new owner, Samir Chopra, in the now deceased Prusik’s name, alleging real estate fraud. They claimed that the deed Chopra had bought at auction was invalid and had actually been forged by Parkin, in the 1990s. The real owner, they claimed, was Irene Prusik.

The defendants received Prusik’s Social Security benefits every month for six years, totaling approximately $52,000, according to the indictment. They are also charged with receiving $65,000 in rental assistance from the city Human Resource Agency, claiming the deceased Irene Prusik was Parkin’s landlord and that he and his brother were unable to pay the rent because of a disability. Rimolo was listed as the property manager.

To initiate the crime, Parkin and Rimolo doctored Prusik’s death certificate, providing a false Social Security Number and date of birth, which made it appear as though she were still alive, according to the indictment. In order to perpetuate the ruse, the defendants went as far as to dress Parkin up as his deceased mother, and visit the Department of Motor Vehicles to renew her driver’s license, where, incidentally, they were captured on surveillance video.

In June 2008, believing Prusik was alive, Chopra came to the Brooklyn District Attorney’s Office to report that he believed Parkin and Prusik had filed false affidavits, in the course of more than five years of lawsuits against him and various bankruptcy filings, to prevent him from evicting them for failure to pay rent for six years.

Coincidentally, unaware prosecutors had already begun an investigation into his actions, Parkin walked into the Brooklyn District Attorney’s Office in March of this year, to report to the new Real Estate Fraud Unit that he and his mother were victims. He claimed his mother was the rightful owner of the property and that the new owner had been using illegal forms of coercion and filing false documents in court filings against them, according to the indictment. Prosecutors also met with Rimolo, who identified himself as Prusik’s nephew.

To the investigators’ surprise, Rimolo and Parkin agreed to arrange a meeting with Prusik at the home on 6th Avenue. When prosecutors and detective investigators arrived, they found Parkin dressed as his 77-year-old mother, wearing a red cardigan, lipstick, manicured nails and breathing through an Oxygen tank."

If convicted of the top charge of Grand Larceny in the First Degree, the defendants face up to 25 years in state prison.

As a former Manhattan prosecutor and as an experienced NY criminal defense attorney who has handled Grand Larceny crimes in New York City ranging from the thousands to millions of dollars, I have to admit that the arrest of Bruce Lesniewski, Darrin Pfaff and Kimberly Edwards for Grand Larceny is a "new" one. According to the Queens County District Attorneys Office, these three individuals are alleged not to have stolen jewels or money, but eight forklifts and seventeen tons of batteries from a warehouse in Queens where they worked as sub-contractors for the MTA. Regardless of what they are accused of stealing, however, the crime of Grand Larceny is still the same.

According to District Attorney Brown:

“The defendants are accused of trying to make a fast buck by stealing tens of thousands of dollars worth of MTA equipment and selling it for a fraction of its value to a scrap dealer. By these arrests we have sent a clear message that in these challenging economic times, the MTA and the riding public can ill afford such waste and thievery and have underscored the fact that those who steal will be held accountable for their actions.”

The most serious offenses that the defendants are charged with, Grand Larceny in the Fourth Degree and Grand Larceny in the Third Degree, carry a potential maximum sentence of four years and seven years in state prison.

If you or a family member is accused of any crime, it is imperative to retain an experienced and skilled criminal defense attorney to protect your rights, freedom and integrity. Day or night, the criminal defense attorneys at Crotty Saland, LLP are ready to work with you and do just that.

Thirty New York state employees from Albany to New York City have been arrested and charged with unemployment fraud after they allegedly claimed unemployment benefits while actually working for the state. According to Attorney General Andrew Cuomo, the thirty defendants are charged with some variation of the crimes of Grand Larceny in the Third and Fourth Degrees, Falsifying Business Records in the First Degree, and Petit Larceny. As a former Manhattan prosecutor and a New York white collar criminal defense attorney at Crotty Saland, LLP, I can confidently say that the Attorney General’s Office is going to send a loud and clear message to the public that unemployment fraud will not be tolerated at any level.

According to Attorney General Cuomo:

“New York’s unemployment insurance fund was created to help hard-working individuals who find themselves out of a job get back on their feet. In this economic climate, the fund is more important than ever, and we cannot allow it to be depleted through fraud, waste and abuse. Individuals who attempt to undermine the safety net we provide for New Yorkers will be held accountable.”

To qualify for unemployment insurance benefits in New York State, one must weekly certify by phone or the internet that one has not worked for more than four days a week or, in the alternative, earned more than $405 a week.

It is alleged that Maureen McGovern, 70, of Greenwich Street, New York, NY, Randy Destin, 45, of Pacific Street, Brooklyn, NY Kimberly Abrams, 42, of Watson Avenue, Bronx, NY, Ronald Antoine, 52, of Cruger Avenue, Bronx, NY, William Gee, 45, of 151st Street, Bronx, NY, Ani Leon-Marquez, 42, of 169th Street, Bronx, NY, Gail Miller, 32, of Elsmere Place, Bronx, NY, Phillip Lee, 24, of Channingway Court East, Columbus, OH, Nestloye Elliot, 50, of Bascolm Ave, Jamaica, NY, Martha Ulloa, 34, of 88th Street, Woodhaven, NY, Gaylord Beltran, 27, of Forest Avenue, Staten Island, NY, Aliesohn Reid, 27, of Caton Avenue, Brooklyn, NY, Renee Bridgeman, 36, of Myrtle Avenue, Brooklyn, NY, Kira S. Young, 27, of Albany, NY, Jamie Viola, 31, of Latham, NY, Jean Davis, 53, of Albany, NY, Greg Askilden, 53, of Palenville, NY, Tracy Barber, 26, of Rome, NY, Wayne Earing, 36, of Rensselaer, NY, Deborah Girgenti, 55, of Rensselaer, NY, Charles McMillan, 53, of Hartwick, NY, Cesar Ferarras, Jr., 35, of Poughkeepsie, NY, Joel Babcock, 33, of Stony Point, NY, Dawn Chase, 49, of Peekskill, NY, Steve Lawrence, 46, of Mount Vernon, NY, Carmen Alvarez, 38, of Islandia, NY Aida Licata, 48, of Center Moriches, NY, Donna Ryall, 51, of Deer Park, NY and Jimmy Rodriguez, 48, of Williston Park, NY, all took part in this scheme.

If convicted, Grand Larceny in the Third and Fourth Degrees carry a maximum sentence of seven and four years in state prison respectively. Falsifying Business Records carries a sentence of up to four years in state prison while Petit Larceny carries a maximum sentence of up to one year in county jail.

If you or a loved one is accused of a white collar or violent crime, the criminal defense lawyers and former prosecutors at Crotty Saland, LLP are ready to put forth your best defense to maintain your integrity and freedom.

For further information on white collar crimes and other legal matters, please search and review our criminal law blog.

It appears that Plaxico Burress has not reached a disposition with the Manhattan District Attorney's Office in connection with the his gun possession arrest and charge of Criminal Possession of a Weapon. The matter is being adjourned until September when Burress returns to 100 Centre Street on Monday. If convicted, Burress would face a minimum of 3.5 years in state prison and a maximum of 15 years. However, it is clear that the parties are working on a deal that would avoid any sentence similar to that.

The former prosecutors at Crotty Saland, LLP know that Criminal Possession of a Weapon as it relates to guns and other firearms is a very serious offense. Fortunately, our clients have benefited from our experience in law enforcement and as criminal defense attorneys. If you are charged with an offense related to possession of a weapon it is critical to retain criminal counsel that will not only fight to protect your rights and freedom, but your integrity and livelihood.

For further reading:

Gun Possession and Weapon Possession Legal Blog

A New York City man, John Zaubler, was arraigned today for the crime of Making a Terroristic Threat (New York Penal Law Section 490.20). A "D" felony punishable by up to seven years in state prison, the charge relates to alleged threats made by Mr. Zaubler to "blow up" President Barack Obama and Supreme Court Nominee Sonia Sotomayor. According to a prosecutor, Mr. Zaubler stated "I'm going to kill Judge Sotomayor by blowing her up. I'm going to blow her up. I'm going to do it. I'm going to do it because my girlfriend is not going to federal prison."

Although Mr. Zaubler is currently at Bellevue Medical Center in Manhattan, New York County Criminal Court Judge James Gibbons arraigned him on live video from 100 Centre Street. According to media reports, it appears that Judge Gibbons adjourned the case for the defendant to receive a psychiatric analysis. This examination is often what is referred to as a "730" examination where the prosecutors and defense attorney try to ascertain whether the defendant is fit to proceed and is capable of understanding the situation he or she faces.

New York Penal Law Section 490.20 states that a person is guilty of Making a Terroristic Threat when with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she threatens to commit or cause to be committed a specified offense and thereby causes a reasonable expectation or fear of the imminent commission of such offense.

It is important to note that pursuant to subsection two (2) of this statute, the law provides that it is no defense to prosecution under this statute that the defendant did not have the intent or capability of committing this offense or that the threat was not made to a person who was a subject of the threat. In other words, even if Mr. Zaubler was completely incapable of following through with the threat and lacked the true intent to do so, he still may be charged and convicted for this crime.

The criminal defense attorneys at Crotty Saland, LLP know how serious this charge is. As a former Manhattan prosecutor who, along with my partner, served for a combined thirteen years under Robert Morgenthau, I can tell you that the Manhattan District Attorney's Office is taking this matter very seriously because of the people it involves. Not only is any threat of this nature dangerous in the eyes of law enforcement, but according to media reports, Mr. Zaubler was previously convicted of Harassment and Disorderly conduct for threatening a man. In that case, it was alleged that Mr. Zabler left messages stating that the now deceased senator Patrick Moynihan was sending a Syrian agent who would kill the man unless he apologized to his Muslim friend.

The Manhattan District Attorney's Office just released more information regarding the fraud indictment involving $600,000 in theft. The defendants, M.A. Angeliades, Inc., Merkourios Angeliades, Dimitri Malakidis and Irena Angeliades were indicted on the charges of Grand Larceny, Offering a False Instrument for Filing, Falsifying Business Records, Bribing a Witness, Bribing a Labor Official and Attempted Tampering with Physical Evidence. Additionally, three employees from Local 731, Anthony Graham, Harold Johnson and Eduardo Visone, were each indicted for Falsifying Business Records, Bribing a Labor Official and Bribing a Witness. It is alleged that their conduct resulted stemmed from 2005 through 2007.

It is alleged that M.A. Angeliades, Inc., a general contracting firm, had four separate contracts with New York City and the MTA. Specifically, M.A. Angeliades, Inc. was to provide the labor to rehabilitate eleven subway stations. In doing so, the company was required to pay the prevailing wages for these jobs. Instead, it is alleged that the above named individuals in some capacity appropriated the wages to themselves and instead of the employees. This was hidden from the MTA through many means including creating false payroll reports.

The defendants face up to one year on the misdemeanor charge of Attempted Tampering with Physical Evidence, four years on the Falsifying Business Records and Offering a False Instrument for Filing, up to seven years on the charge of Bribing a Witness and Bribing an Official, and up to fifteen years on the Grand Larceny offense.

Regardless of the specific charges each of these individuals face, they need to act quickly and implement their defense strategy. As a former Manhattan prosecutor, I can tell you that the Manhattan District Attorney's Office Rackets Bureau consists of top prosecutors who will not wait for a defendant to decide how he or she will proceed. Whatever the charge and allegation, the white collar NY criminal defense attorneys and former prosecutors at Crotty Saland, LLP know that time cannot be wasted. That is why we are ready to fight to protect your freedom and implement a plan to defend your rights as soon as possible.

The New York white collar criminal defense attorneys at Crotty Saland, LLP have learned that the Manhattan District Attorney's Office is set to announce the indictment of the principles and three employees of M.A. Angeliades Inc. for underpaying employees. It is alleged that the underpayment of the employees was in the multiple hundreds of thousands of dollars. The company, a construction firm based out of Queens, was a contractor for NYC that did construction work on and in the subway system.

Obviously, as we regularly do, Crotty Saland, LLP will keep you informed on the charges, penalties and other interesting facts of this white collar criminal matter as we learn more.

CLICK HERE FOR UPDATE

The Kings County (Brooklyn) District Attorneys Office announced the indictment today of Crystal Sparkse and its President, Alexander Shamayan, Golden Art Fine Jewelers and its President, Ghassan Maalouf, and Pavillion Jewelers and its President Saeed Azarfar, for Falsifying Business Records in the First Degree, Offering a False Instrument for Filing in the First Degree and other crimes. It is alleged that each of these stores under reported their sales tax or had a deficiency of approximately $550,000, $125,000 and $350,000 respectively. It is alleged that undercover officers went to some of the stores to purchase jewelry and they were informed that if they paid in cash no sales tax would be charged.

Former Manhattan prosecutors, the white collar criminal defense attorneys at Crotty Saland, LLP have worked on cases involving alleged tax and Grand Larceny crimes as they relate to New York State taxing authorities. In fact in one such case, our client received no jail and was able to civilly litigate whether he owed approximately 3.2 million dollars out of an estimated 5 million dollars prosecutors alleged he had illegally kept.

While each case requires its own analysis, the criminal defense attorneys at Crotty Saland, LLP work with all of our client to set a plan in motion to protect our client's freedom, livelihood and integrity.

As a follow up to my earlier post, the Manhattan District Attorney's Office has announced a 227 count indictment of 18 individuals in an identity theft and check fraud scheme. As I correctly noted in the original post, these defendants are alleged to have perpetrated a scheme involving the crimes of Grand Larceny, Criminal Possession of a Forged Instrument, Identity Theft, Conspiracy, Unlawful Possession of Personal Identification Information and Scheme to Defraud. As a former Manhattan prosecutor who was one of the first assigned to the Identity Theft Unit upon its creation, I know the Identity Theft Unit will vigorously and thoroughly prosecute the alleged offenders. Depending on the individual and their applicable charges, the defendants face up to 25 years in state prison.

The defendants include:

Jasper Grayson, a/k/a “Lyte,” James Malloy, a/k/a “Sal” and a/k/a “Sah,” Lamott Matthews a/k/a “L,” Allahson Clay, a/k/a “Reefy,” Albert Paulin, a/k/a “AB,” Lance Paulin, a/k/a “LA,” Alvin Joseph, a/k/a “Scooter," Edward Johnson, Jr., a/k/a “Big Mike,” Larry Garcia, a/k/a “Spanish Larry,” Raymond Penn, a/k/a “Charlie,” Raven Moses, Sheena Poindexter, Renece Razor, Ilaura Walker, Keisha Polonio, Christopher Deboer, Tauheed Mitchell and Kelly Snider.

Prosecutors allege that:

"[T]he defendants obtained personal and bank account information belonging to 500 identity theft victims and used it primarily to manufacture thousands of counterfeit checks. By fraudulently cashing and depositing the counterfeit checks, the defendants stole over $1.4 million from one bank’s accounts and substantial additional sums from other banks. Victims of this scam included private individuals, corporations, religious institutions, hospitals, and schools, as well as city and state government agencies."

It is further claimed that:

"The defendants regularly acquired the necessary data to generate counterfeit checks with the help of bank employees recruited to participate in the operation. These employees, often tellers, had access both to the banks’ computer systems and to large numbers of valid checks processed during legitimate customer transactions. In return for cash payments, the recruited tellers photocopied valid customer checks and printed out copies of customer profiles, which contained the customers’ names, addresses, social security numbers, bank account numbers and account balances."

"Search warrants into two locations associated with the defendants revealed "a desktop computer, blank check stock, stolen customer profiles from various banks, payroll stubs, copies of legitimate checks, hundreds of counterfeit checks, ledgers with names of [individuals who cashed fraudulent checks] and amounts stolen on various dates, check-making software, fake state identification cards and credit cards issued in the names of identity theft victims."

As is the case for each of these defendants, those charged with a crime are innocent until proven guilty. An indictment is not evidence of guilt. However, it is imperative to recognize that an indictment is extremely significant and points towards an intense legal battle ahead for each of these defendants. Regardless of the crime, you should always retain experienced criminal counsel to fight to protect your rights, liberty and integrity. Crotty Saland, LLP is ready and able to do just that.

The white collar criminal defense attorneys and former Manhattan prosecutors at Crotty Saland, LLP have learned that the Manhattan District Attorney's Office will announce the indictment today of 18 people, including accused ring leader James Malloy, in an alleged counterfeit check fraud scheme that utilized forged NYPD checks to perpetrate a multi-million dollar theft.

According to media reports, up to 40 people may have been arrested. It is alleged that the scheme operated by having an individual deposit a forged check into a bogus account. A teller, who was in on the scheme, allegedly provided the fraudsters with accurate account and check information to enable the fraudsters to create the fake checks and deposit them. In all, it is alleged that hundreds of checks were drawn off the accounts of about 20 companies.

When James Malloy was arrested and a search warrant was executed at his home, sources have stated that they found hundreds of counterfeit checks as well as the profiles of customers at banks and the magnetic paper to create the forged checks.

Although the Manhattan District Attorney's Office has not issued a press release and an indictment has not been unsealed as of the time this entry was drafted, I anticipate that some of the charges these individuals will face may include Grand Larceny, Forgery, Criminal Possession of a Forged Instrument, Falsifying Business Records, Identity Theft, Conspiracy and potentially Enterprise Corruption depending on the structure of the organization. More importantly, depending on which charge these people face and their criminal history, a sentence of state prison is a very real possibility.

To better understand the above mentioned charges and to educate yourself on the law, feel free to review the blog and its entries as they apply to Fraud Related Offenses, Identity Theft and White Collar Crimes.

*** UPDATE ***

From Andrew Cuomo to Robert Morgenthau, state and local prosecutors continue to vigorously prosecute crimes relating to Prostitution, Permitting Prostitution, and Promoting Prostitution. NY criminal defense attorneys experienced in these crimes, such as the criminal defense lawyers and former prosecutors at Crotty Saland, LLP, know that these offenses are only the tip of the iceburg. More significant crimes of Enterprise Corruption and Money Laundering lurk behind every corner where crews and organizations run these large scale escort enterprises. Case in point...the unsealed indictment in Queens County against seven alleged co-conspirators who ran "Room Service Entertainment."

The 47 Count indictment unsealed today against Scott "Sal'' Rosenberg, 45; Patricia "Nikki'' Krupa, 32; Josef Davenport, 31; Joanna "Anna'' Mercado, 24; Sylvia "Jamie'' Soto, 29; Lina "Tina'' Vazquez; and Barbara "Lisa'' Morris, 48, accuses each of the individuals with Enterprise Corruption and related crimes. Enterprise Corruption requires that an organization have an "ascertainable structure" and is punishable by up to 25 years in state prison. Both Rosenberg and Davenport are alleged to be the mind and money behind the operation and ran the crew.

The Attorney General's Office had been investigating this ring that allegedly advertised with the Village Voice as well as CraigsList from June 2007 through December 2008. According to the Attorney General's website, the individuals in this team had distinct roles from bookers to prostitutes to the financial men behind the organization. Terms such as "skiing" were allegedly used to discuss sexual relations or "GFE" while "rock climbing" was used to arrange for parties with drugs. The ring allegedly operated 24 hours a day, 7 days a week in NYC and the surrounding suburbs. Craigslist has been under fire lately for permitting such organizations to flourish on the web.

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As a follow up to an earlier post, the Manhattan District Attorney's Office has announced that 17 individuals who worked at a now defunct securities firm have been indicted by a New York County Grand Jury for allegedly operating a racketeering scheme that scammed over six million dollars in unlawful commissions. The Manhattan Grand Jury indicted the defendants on the charges of Enterprise Corruption, Grand Larceny, Criminal Possession of Stolen Property, Securities Fraud and Falsifying Business Records. As a former Manhattan prosecutor who has supervised prosecutions of numerous multi-million dollar fraud schemes including a two million dollar "pump and dump" scheme with the Securities and Exchange Commission as well as a NY white collar criminal defense attorney who has represented individuals accused of multi-million dollar fraud crimes, I can say with confidence that these defendants and their criminal defense attorneys have a long road ahead of them.

The The Grand Jury indicted 17 defendants. Among them are Joseph Stevens & Company, Inc., Joseph Sorbara, Steven Mrakowiz, Craig Shapiro, John, Moraitis, Massimo Martinucci, Peter Orthos, Alan Ferraro, Charles Raspa, Scott Tierney, John Micciola, Steven Scarcella, Michael Tripodi, Douglas Costabile, James Rathgeber, Matthew Menies and Haradjin Mucovic. Because each of the defendants are charged with the top count crime of Enterprise Corruption, they all face a minimum of one to three years if convicted and a maximum of eight and one third to twenty five years in prison.

According to the Manhattan District Attorney's Office:

"[T]he defendants defrauded 800 victims in more than 5,000 trades valued at $151,286,804.44. By manipulating the market value of carefully selected stocks, the defendants generated more than $6.2 million in unlawful, undisclosed commissions, in violation of New York law and the trust of their customers." Furthermore, "[t]he investigation further revealed that the defendants repeatedly worked to capture undisclosed compensation while trading stocks, often by manipulating the stock price higher after having pre-arranged orders from their customers. In some cases, the stocks the customers purchased on defendants’ recommendations lost significant value in the days and months following the transactions."

As this case unfolds it will be interesting to see what defense each of these individuals set forth. Was there an "ascertainable structure" in their crew as required under Enterprise Corruption? Do any of the affirmative defenses to Falsifying Business Records apply in this case? Whatever the defense may be, it is imperative that these defendants assess the case and implement their plan of action. Even a small delay could be fatal to their defense. If you or a loved one find yourself accused or investigated for any white collar crime, contact the former Manhattan prosecutors at Crotty Saland, LLP so that we can fight to preserve your liberty, rights and integrity.

According to published reports, 17 brokers and securities specialists are to be arraigned today in Manhattan Supreme Court after a Grand Jury indicted each of them in a scheme defrauding hundreds of investors out of over $150 million dollars. As a NY white collar defense attorney who has represented defendants charged with multi-million dollar fraud schemes and as a former Manhattan prosecutor who supervised the prosecution of a "pump and dump" involving over two million dollars in theft, I know first hand how the assistant district attorneys likely investigated this case and will prosecute the alleged offenders. At a minimum, those defendants who are charged with the actual theft or acting in concert to perpetrate a Grand Larceny in an amount of one million dollars or more will be facing one to three years in prison, but as much as eight and one third to twenty five years. However these defendant's decide to proceed, they better act quickly or it has the potential to get significantly worse.

As I receive more information I will share it with you. Check back for an update.

UPDATED

As a NY criminal defense attorney and a former Manhattan prosecutor under Robert Morgenthau, I have defended or supervised numerous multi-million dollar investigations into Identity Theft, Credit Card Fraud, Forgery, Criminal Possession of a Forged Instrument, Grand Larceny, Falsifying Business Records and related fraud schemes. In fact, prior to starting Crotty Saland, LLP, I was assigned to the elite Identity Theft Unit when it was created by DA Morgenthau in the Manhattan District Attorney's Office. In that capacity I received extensive training and hands on experience in the "trenches" and "front line" of Identity Theft and related crimes.

It comes as no surprise to me that another fraud scheme has reared its head and was ultimately broken up in Queens today. According to the Queens District Attorney's Office, Operation Plastic Pipe Line began in 2007 and resulted in the multiple hundred count indictment for Enterprise Corruption and the arrest of dozens of people. It is alleged that this ring, led by Wole "Shola" Ogunwen, used multiple "cells" to defraud banks and steal the personal identification of thousands of people. In the last year alone, it is alleged that the financial loss exceeded twelve million dollars. To perpetrate the crime, these cells would use counterfeit credit cards, set up fake accounts, withdraw funds from banks and purchase products to be shipped overseas. With strong ties to Nigeria, it is further claimed that this ring operated on a global level.

As a former prosecutor and a criminal defense attorney experienced in these crimes, I know that this twenty one month Identity Theft investigation was likely supported by members of federal and state law enforcement who conducted surveillance, issued subpoenas, executed search warrants and worked relentlessly. I also know that these defendants need to retain experienced criminal counsel or the situation they find themselves in will go from bad to worse.

Crotty Saland, LLP, is pleased to announced that Jeremy Saland, the treasurer of the New York City Bar Association's Small Law Firm Committee, is one of the panel members scheduled to speak at 6:00 pm this Tuesday, May 19, 2009, at the NYC Bar Association. This three credit CLE forum will include small law firm and solo practitioners who have forged out on their own recently as well as years ago. A range of issues will be addressed including, tax considerations, financing a business, generating clients and ethical obligations. Not only will this discussion be informative, but it will give you the opportunity to meet people who are in the same situation as you or who have already made the jump.

If you are interested in attending, the NYC Bar Association's website has more information.

Prosecutors, police and criminal defense attorneys in NY have known for a long time that prostitution, unlicensed massage, and other crimes relating to escort services have flourished on Craigslist. Due to pressure by numerous states and law enforcement agencies, Craigslist will no longer be permitting prostitution and escort services to be blatantly advertised on their website without scrutiny.

According to media reports, Craigslist executives informed Connecticut Attorney General Richard Blumenthal that the "erotic services" section would be removed in approximately one week and it would be replaced with an "adult services" section. Moreover, each advertisement will be reviewed by Craiglist to prevent the further proliferation of prostitution and escort related activities and materials.

Attorney General Blumenthal also noted that "[law enforcement] will be monitoring closely to make sure that this measure is more than a name change from 'erotic' to 'adult' and that the manual blocking is tough and effective to scrub prostitution and pornography...Our continuing investigation will assure that these steps are substance, not just spin, and that Craigslist really shuts down its open online red light district."

The change in policy is no surprise to the experienced NY criminal defense attorneys at Crotty Saland, LLP. Having seen crimes actually perpetrated and allegedly committed using the internet as a vehicle, the former prosecutors at Crotty Saland, LLP saw the writing on the wall for Craigslist and other online classified sites. How the online escort trade, like any illegal activity, will re-invent itself has yet to be seen. Whatever form it takes, law enforcement will continue to pursue those believed to be responsible.

Follow Crotty Saland, LLP on Twitter at DefenseLawyerNY.

His criminal defense clearly did not work. Without a jury, he rolled the dice with a judge who didn't buy it. Brady Green, the man convicted for stalking Tyra Banks in Manhattan Criminal Court, faced 90 days in jail, but ultimately kept his freedom.

The Manhattan District Attorney's Office initially charged Mr. Green with Stalking in the Second Degree, an "A" misdemeanor punishable by up to one year in jail. At some point prior to trial the prosecutors reduced or dismissed the top count leaving the top charge as as Stalking in the Third Degree. This charge, a "B" misdemeanor, is punishable by up to 90 days jail. As a former Manhattan prosecutor and a NY criminal defense attorney experienced in these crimes, it is likely the reduction was done for one of two reasons.

By reducing or dismissing the top charge "A" misdemeanor, the prosecution in NYC could have a "judge" or "bench" trial without a jury. This is done because it enables the prosecution to proceed on a criminal case in the event there are no courts with juries available or, in the alternative, the case was weak as an "A" misdemeanor and it was likely that the conviction and associated punishment fell in line with the lesser "B" offense.

Regardless of what the prosecution's thought process was, Brady Green has been convicted of Stalking in the Third Degree. Not only had he face up to 90 days jail on Rikers Island, but Tyra Banks will benefit from an order of protection that will prevent Mr. Green from having any contact - whatsoever - with her. In the event he contacts Ms. Banks and violates that order Mr. Green will face a new charge of Criminal Contempt as a misdemeanor or felony and the "Tyra Banks Show" will replay all over again. Next time, however, he may be watching from behind bars.

The New York white collar criminal defense firm of Crotty Saland, LLP has once again been sought out for our experience and knowledge as criminal defense attorneys and former Manhattan prosecutors. On Friday, April 24, 2009, the CBS Evening News with Katie Couric interviewed Elizabeth Crotty in reference to the Bernie Madoff case. Specifically, the interview addressed the different ways to defend and represent Frank DiPascali, Bernie Madoff's "lieutenant" and CFO.

Whether we have been sought for our legal insight by CNNSI.Com in reference to the Plaxico Burres gun possession case, the AP, Times-Ledger, AM NY or the CBS Evening News, we at Crotty Saland, LLP always practice what we preach. That is, we know that the key to your criminal defense stems from our attorneys' advocacy and the partnership shared with our clients.

In a legal decision unanimously rendered by the 2nd Department and to be published this Friday, appellate justices found that a NY Supreme Court judge's threat of increased bail prior to a plea caused that plea to be entered involuntarily.

Dr. Terry Grant, a Long Island dentist, was charged with forty separate counts relating to filing $9,000 worth of fraudulent insurance claims. While the case was pending the court became agitated and impatient due to the delays in the case and because the defendant failed to follow the terms of his probation.

According to the New York Law Journal, Judge Peck threatened the defendant and stated "'if he [wants] the plea deal, I will continue him the the bail status that he' is in. If he doesn't take the plea deal today, I am going to remand him until Monday. Now do you want the plea deal?'"

In short, Judge Peck threatened to hold Dr. Grant without bail over the weekend if he did not accept the plea. The defendant ultimately accepted the plea deal and although Judge Peck questioned the defendant whether the plea was voluntary, the 2nd Department threw out the plea. Specifically, the Appellate Division 2nd Department found that "[b]ecause an immediate change in the defendant's bail status is not an appropriate consideration in plea negotiations, when the court threatens to increase bail or remand the defendant unless a guilty plea is entered, any resulting plea cannot be deemed voluntary because the defendant's decision to plead guilty would no longer represent a free choice among legitimate alternatives."

Whatever you or your loved one is confronted with, no judge or prosecutor is permitted to threaten you to take a plea. That ultimate choice is yours to make. Moreover, bail, a tool used by the court to guarantee your presence on a future date, should not be a means to coerce a plea from any defendant. At Crotty Saland, LLP, we know how overwhelming the courtroom and criminal charges may be. That is why will work hand in hand with you to pursue the legal angles to make sure your rights and liberty are protected.

According to many reports, Manhattan District Attorney Robert Morgenthau is not seeking re-election this fall as the chief prosecutor in NY County. Respected and admired by fellow prosecutors, criminal defense attorneys and members of the judiciary, Mr. Morgenthau has served as the District Attorney for 35 years. Prior to serving as the District Attorney, Mr. Morgenthau was the US Attorney for the Southern District of New York.

Mr. Morgenthau comes from a family dedicated to public service. His father, Henry Morgenthau, Jr. was Secretary of the Treasury and his grandfather, Henry Morgenthau, Sr. was United States Ambassador to the Ottoman Empire during World War I.

Robert Morgenthau has not only been an icon in NY, but he dedicated his life to fighting crime in the "streets" as well as the "suites." Whether his office prosecuted violent street crimes or white collar cases such as Tyco's Dennis Kozlowski and Lloyds Bank, Mr. Morgenthau personified professionalism and ethics in prosecution.

As a former Manhattan prosecutor who served under Robert Morgenthau for seven years, I can say without any hesitation that I grew into the attorney I am today because of him. Whether we continued as prosecutors, moved into other government agencies or started careers in the corporate arena and private practice, my former colleagues and I all share this bond of having learned from a tremendous attorney and person. The passion, experience and skills that my clients benefit from today were forged under his guidance and leadership.

Whomever follows Mr. Morgenthau certainly has enormous shoes to fill. While there are always differing opinions on how to handle any case there was always a level of certainty when dealing with the Manhattan District Attorneys Office. That pillar was Robert Morgenthau.

The criminal defense attorneys at Crotty Saland, LLP understand the importance of not only zealously advocating for our clients regardless of the crimes they are accused of committing, but also know how critical it is to conduct our practice in an ethical and honest manner. This cannot be understated. Unfortunately, not all attorneys practice their profession in this matter. In fact, in the matter of only a few weeks, a third attorney has been indicted or arrested for alleged misconduct in New York City. The Manhattan District Attorney's Office announced the indictment today of Brian Lam for Grand Larceny in the Second Degree. Mr. Lam allegedly stole $331,376.42 from the New York County Lawyer’s Association (NYCLA) in a payroll scheme after working for that not-for-profit organization for almost two decades.

Prosecutors have alleged that Mr. Lam, who was responsible for payroll, called in extra compensation to himself. These activities allegedly occurred from 2005 through 2008. Mr. Lam is to be arraigned today in Manhattan Supreme Court.

Arthur Moreira had better get a NY criminal defense attorney as soon as possible. If reports are correct, he is facing felony charges relating to Grand Larceny and Criminal Possession of Stolen Property. According to press reports, the stage manager for "Lipstick Jungle" had sticky fingers and made off with 16 bags and coats from designers such as Prada, Gucci, Fendi and Dolce & Gabban. The value of the property is in excess of $30,000.

Mr. Moreira was arrested yesterday and is being arraigned today in Kings county (Brooklyn) Criminal Court. According to the media, an individual noticed one of the bags used for a prop on "Lipstick Jungle" being sold online. It is alleged that this individual contacted law enforcement and undercover officers purchased a Toledano bag for $500. Shortly thereafter, the officers purchased a Burberry coat for $1,400. These items, allegedly being sold well below their retail value, had, according to Mr. Moreira, "fallen off the truck."

Although I have not seen the complaint, Grand Larceny in the 3rd Degree as well as Criminal Possession of Stolen Property in the 3rd Degree would appear to be the charges where the theft is alleged to be in excess of $3,000, but less than $50,000. These crimes are punishable by up to seven years in state prison. With representation from an experienced and skilled criminal defense attorney, Mr. Moreira should come nowhere near that potential sentence.