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FINANCIAL CRIMES

Being investigated or charged with a white-collar crime is a serious matter that will threaten your freedom and your financial future.

Although fraud and economic crime may not carry the same stigma as violent street crimes, state and federal authorities aggressively prosecute all financial crimes. In some cases, government agencies can pool together and invest significant resources investigating you for potential white-collar charges. You may find that you are up against a district attorney’s office, the New York State Attorney General, or even federal agencies including the FBI, the SEC, and the IRS. The best way to defend yourself against white-collar investigation and white-collar charges is to hire an aggressive and experienced criminal defense attorney.

 

Harary Law is equipped to handle all white-collar crimes defense throughout New York. Our team is led by a former prosecutor with hands on experience handling financial investigations from his time with the Economic Crimes Bureau at the Richmond County District Attorney’s Office. Harary Law’s broad experience in both prosecution and criminal defense offers clients a unique advantage when their future is on the line. Well-versed in the applicable state and federal laws, our legal team has a proven history of successfully defending clients against a wide range of financial crimes.

What is white collar crime?

White collar crime refers to non-violent crime committed by an individual, business, or government professional for financial gain. White color crimes typically involve concealment, fraud, violation of trust, or deceit, and are not dependent upon the use or threat of physical force and violence. Words such as “fraud,” “scam,” “scheme,” and “launder” are now synonymous with white-collar crimes. The term white-collar includes economic and financial crimes.

The more common white color crimes in New York State include:

  • Bank fraud —Obtaining money or assets from a bank or other financial institution through illegal means, or attempting to obtain money from investors by acting as a bank or holding yourself out to be a bank

  • Bankruptcy fraud — Hiding assets to avoid forfeiture, misleading bankruptcy court by providing false information about your finances or by withholding information about your finances from the bankruptcy court, or filing petitions and other paperwork using false information

  • Credit card fraud — Using a credit card that was unlawfully obtained, charging a credit card without owner authorization, forging another person’s credit card, accessing credit card information without consent, fraudulently disseminating another person’s credit card information

  • Embezzlement — Violating a special position of trust to misappropriate another party’s assets for personal gain, typically in a business setting

  • Healthcare fraud — False billing, fabricating procedures and charges, providing false or misleading information to a health insurer, providing false information to recover payment from Medicare, or Medicaid, medical offices claiming to have performed certain services and subsequently submitting a bill to health insurance for compensation

  • Identity theft — Using another person’s personal identifying information such as name, credit card, Social Security number, bank account without that person’s permission for personal benefit

  • Insurance Fraud —Submitting a false claim to insurance company, fabricating and presenting false information in an insurance claim

  • Money laundering — Making it seem like money earned from illegal activities came from legal sources of business- cleaning “dirty” money, Concealing the illegal source and origin of ill-gotten funds and making it appear as though the funds were gained from lawful activities such as real estate investments, or financial deals.  

  • Mortgage fraud — Falsifying mortgage documents or misrepresenting information to defraud lending institutions including credits unions and banks

  • Securities fraud — Misleading practices and unlawful activities by a stock broker or financial advisor (for example ponzi schemes, churning, pump and dump, unauthorized trades, insider trading), a state and federal crime

  • Tax evasion — Distorting tax documents such as understating income and assets to avoid paying taxes, falsifying sales records to reduce sales tax, claiming false tax deductions, or any other illegal efforts done to avoid paying taxes

  • Mail fraud/wire fraud — Both mail and wire fraud involve deceptive tactics to deprive an individual of money or property. Mail fraud requires use of the U.S. Postal Service or any private or commercial interstate carrier (like FedEx or UPS) to commit fraud. Wire fraud requires use of telephone, email, text message, or any other interstate wire-based communications to obtain money by fraudulent pretenses

Most white-collar criminal investigations tend to be lengthy and complex, and you may be subject to a thorough sweep of your financial records. Often times federal prosecutors will charge financial crimes under the umbrella Racketeer Influenced and Corrupt Organizations Act better known by its acronym RICO. State prosecutors also pursue white-collar investigations under New York’s Enterprise Corruption Laws. These types of charges can quickly elevate your case and increase potential penalties.

What is the RICO Act and New York’s Enterprise Corruption laws?

In 1970 hoping to eliminate or reduce organized crime in the country, the US Congress introduced the Organized Crime Control Act of 1970 (OCCA) which gave rise to the notable Racketeer Influenced and Corrupt Organizations Act (RICO).  Under this act, an individual may face federal charges for participating in a racketeering activity that was part of an enterprise that involved interstate commerce. In 1986, New York State’s version of the federal RICO Act was added to the criminal law (NY Penal Law §460) under the Organized Crime Control Act of 1986.

 

Being charged with a white-collar crime is serious. Whether on the state or federal level, a conviction for a white-collar crime can result in a lengthy jail sentence and substantial monetary fines. You can also be barred from working in the financial industry or in any money-managing capacity.

Why Hire Us?

The team at Harary Law offers insight into the tactics the government employs when investigating and prosecuting white collar crimes. Regardless of the charges you are facing, you need a defense team that will stand in your corner every step of the way, constantly working to preserve your future and your reputation. If you have been charged with a state or federal white-collar crime, you need the representation of a strategic and experienced attorney. Contact our office today for a free evaluation of your case.