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The overbreadth doctrine – commonly shortened to overbreadth – is the rule that a regulation of speech can be too broad, imposing on protected speech. This is related to vagueness, which is where the rule is too vague for a person to figure out what’s permissible and...
When you're just getting started in investing, it's easy to become a victim of investment fraud. This type of fraud is when someone tries to get you to invest money into a fraudulent account. There's no real investment opportunity, and the money you've invested is...
In the state of New York, anyone caught engaging in sexual coercion of a minor is subject to serious prison time. Sexual coercion of a minor entails an individual who attempts to or actually persuades anyone under the age of 18 into participating in any sexual...
In New York, many people depend on Medicaid or Medicare to help take care of their medical needs. Unfortunately, some members of these programs will take advantage of everything these programs offer. With that in mind, here are a few common ways that Medicaid or...
New York residents have probably heard about wire fraud at least once in their lives, but unless it happens to you, it’s hard to understand it. Wire fraud is what happens when someone uses the internet, a phone call, fax or social media to get access to funds that...
A former New York State Police trooper will perform 20 hours of community service for filing a false arrest report and lying during a pretrial hearing. The 34-year-old Long island man’s sentence was handed down on June 28. He was facing up to seven years in a state...
Bank fraud is potentially punishable with significant jail time. One type of bank fraud that happens frequently is check kiting. This is when someone intentionally writes checks on an account that they know does not have the funds to cover it. The person committing...
Two important decisions were published this week, one by the Second Circuit; the other by SCOTUS. In Garlick, the Circuit granted a New York State defendant’s habeas petition, finding that the admission of an autopsy report violated the Confrontation Clause, because...
Individuals accused of drug possession in New York could face felony or misdemeanor charges depending on the amount. Jail time, heavy fines and a permanent criminal record might come with a conviction. As with all criminal charges, the accused is innocent until proven...
The Second Circuit’s decision in Trimm addresses, in depth, the authority of a district court to override the U.S. Attorney’s Office’s decision not to file a § 3553(e) motion, where the parties agree that defendant provided “substantial assistance” but disagree...