New York Criminal Defense Law Blog
CEO of anti-fraud company charged with fraud
A 43-year-old man who founded and once served as the chief executive officer of a company that promised to protect its clients against internet fraud has been accused of using falsified financial statements to bilk investors out of more than $100 million. Papers filed...
New York high court dismisses criminal charges after bogus stop
It is common for police officers to initiate a traffic stop for one perceived offense only to focus on a more serious offense upon closer inspection. For instance, a driver might be pulled over for a traffic infraction, but then be investigated drug possession if the...
Sentencing guidelines and white collar crime: What to know
One of the most prevalent misconceptions about white collar crime is that the state and federal justice systems do not punish it harshly. To the contrary, courts frequently impose very strict sentences on men and women convicted of financial crimes. Many white collar...
A dozen people arrested in NYC in recent drug bust
New York residents know how serious facing drug charges can be. Despite what some would say is a trend toward a relaxed position about “recreational” drugs in America as a whole, possession and distribution of most illegal drugs will still usually lead to felony...
Are all white-collar crimes federal crimes?
When white-collar criminal charges catch the spotlight, it’s usually because they’re being charged at the federal level. However, this doesn’t necessarily mean that only the federal government files white-collar criminal charges. Whether you face state or federal...
What is financial institution fraud?
Financial institution fraud is a federal crime. The FBI has resources allocated to investigate this type of crime. The FBI defines financial institution fraud as crimes that target credit unions, banks and other financial institutions the federal government insures....
DECISIONS OF THE WEEK ENDED AUG 28, 2020
The most interesting decision from the Second Circuit this week was the summary order in United States v. Tapia, where CA2 recalled its prior decision affirming defendant’s conviction, finding that a previously-unchallenged jury instruction directly conflicted with...
DECISIONS OF THE WEEK ENDED AUG 14, 2020
This was a very quiet August week in the Second Circuit and the New York State appellate courts with only a single decision on a criminal matter published by the Circuit, which was on a technical point, and a single decision from each of the First and Second...
Drug possession and prison
Drug possession often carries harsh consequences, even if one only has a relatively small amount of an unlawful substance when they are stopped by a law enforcement official. From cocaine and hallucinogens to methamphetamine and heroin, there are many different drugs...
DECISIONS OF THE WEEK ENDED AUG 7, 2020
We have an interesting decision related to federal sentencing this week from CA2 in United States v. Huberfeld, where the Circuit vacated the sentence imposed by SDNY Senior U.S. District Judge Alvin K. Hellerstein. CA2 found that the sentencing court improperly...
