Kushner Law Group PLLC Kushner Law Group, PLLC2024-02-29T19:38:19Zhttps://www.kushlawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1604458/2020/10/cropped-Favicon-32x32.pngOn Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=487602024-02-29T19:38:19Z2024-02-29T19:38:19Zorganization's own data, there are certain types of white-collar crimes that are more likely to occur than others. Statistically, the following are the top violations that the SEC investigates.
Insider trading
Business executives and others with access to non-public information should not leverage what they know about a company's plans or financial challenges for personal gain. They also should not share that non-public information with friends or family members who engage in trading activities. Insider trading is one of the most common offenses investigated by the SEC.
Investment fraud
Frequently, the SEC starts looking into a professional or an investment firm because of fraudulent or inaccurate statements made to parties hoping to invest. Misrepresenting the nature of an investment or the returns that the investment generates is a common form of white-collar crime that could lead to an SEC investigation and possibly federal charges.
Misappropriating investment funds
Sometimes, those managing resources for others, including investment professionals and entrepreneurs, steal or misappropriate the invested funds. A Ponzi scheme is an example of this type of misconduct. Professional takes investment capital from one party to pay returns to another. They do not invest someone's funds as they should and therefore have no way of reimbursing investors for their contributions.
Selling unregistered securities
Securities, including notes, bonds and stocks require registration with the SEC prior to sale. Some parties try to speed up returns on investments by rushing securities to the market before properly registering them with the SEC.
Anyone who is being investigated for offenses like the four listed above could be at risk of federal prosecution and significant penalties and could, therefore, benefit from seeking legal guidance. Ultimately, understanding what behavior could trigger an SEC investigation – and possible subsequent prosecution – may benefit those trying to avoid expensive and life-altering white-collar criminal accusations.]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=487392024-01-08T16:07:07Z2024-01-08T16:07:07Ztrends observed in recent years, as they may impact your defense strategy in a myriad of ways.
The surge of bitcoin-related crimes
When it comes to digital currencies, Bitcoin has undeniably taken center stage. However, with its rise to prominence, the dark underbelly of criminal activities has cast a shadow over its reputation.
Bitcoin’s decentralized nature has made it an attractive target for cybercriminals. The surge in hacking incidents and cyber fraud has left a trail of victims in its wake. The marketplace is fraught with challenges, from large-scale exchange breaches to individual account infiltrations. Moreover, ransomware attacks have become synonymous with Bitcoin payments. The anonymity and ease of transactions have made it the preferred choice for cyber extortionists.
Types of crypto crimes
One of the primary contributors to the staggering losses is the rise in hacking and phishing incidents. Cybercriminals employ increasingly sophisticated techniques to breach exchanges, wallets and online platforms, siphoning off significant amounts of digital assets.
The crypto world has also witnessed a surge in Ponzi schemes and fraudulent activities, with scammers enticing unsuspecting investors with promises of unrealistic returns. The lack of regulatory oversight in the crypto space has increased these schemes, leading to substantial financial losses.
Moreover, since cryptocurrencies provide a certain level of anonymity, they have become an attractive tool for money laundering. Criminal organizations exploit this feature, converting illicit funds into untraceable digital assets.
The decentralized nature of Bitcoin and other cryptocurrencies has surely given rise to a wave of criminal activities. If you’ve been charged with Bitcoin-related fraud, seeking legal support should be non-negotiable. An experienced legal team can help you secure a favorable outcome if that’s possible due to the unique nature of your circumstances.]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484922023-11-08T20:35:28Z2023-11-08T20:35:28Zthe principles of federal prosecution that require prosecutors to reasonably exercise their authority and contribute to the evenhanded administration of federal crime laws.
Forms of prosecutorial misconduct
One of the most common forms of prosecutorial misconduct is the deliberate withholding of evidence that could exonerate the defendant or weaken the prosecution's case. This undermines the defendant's right to a fair trial as established by the U.S. Constitution and can lead to wrongful convictions.
Prosecutors may also go to great lengths to secure a conviction, including fabricating evidence or presenting false witnesses. Prosecutors must not encourage or induce witnesses to commit perjury (lying under oath). Such actions can jeopardize a defendant's rights.
Another concern related to prosecutorial misconduct is the unfair selection of jurors. Prosecutors may seek to stack a jury with individuals who are more likely to favor the prosecution, thus depriving the defendant of an impartial panel.
The impacts of prosecutorial misconduct on federal felony cases
Perhaps the most severe consequence of prosecutorial misconduct is the potential for wrongful convictions. When prosecutors manipulate evidence, it can lead to innocent individuals serving time for crimes they did not commit.
Additionally, the discovery of prosecutorial misconduct often triggers lengthy legal battles to rectify the situation. Appeals, retrials and legal challenges can prolong the suffering of the accused.
Prosecutorial misconduct is a critical issue that can have life-altering effects on the accused. When prosecutors unlawfully pursue convictions, the convicts whose rights have been violated need to seek legal guidance to better understand their options moving forward.]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484912023-11-03T11:13:39Z2023-11-03T11:13:39ZMultiple degrees for the crime of placing fake bombs
There are three criminal degrees for the offense of placing a fake explosive:
Placing a false bomb in the second degree: This is the offense if a person places a fake bomb or device that appears to be an explosive to cause public alarm or inconvenience.
Placing a false bomb in the first degree: A person commits this offense if they place a fake bomb on school grounds, in a public building or any other public place (like a park).
Placing a false bomb in a sports stadium, arena, mass transportation facility or enclosed shopping mall: This is a separate offense for hoax explosives planted in locations where a real bomb would’ve caused massive property damage and multiple injuries.
These offenses are all felonies, carrying harsh penalties on conviction.
The penalties for placing a fake bomb
Placing a false bomb in the second degree is a Class E felony. The penalties on conviction include up to five years in prison and $5,000 in fines.
Meanwhile, the offense of placing a false bomb in the first degree is a Class D felony. The convicted faces up to seven years of prison and $5,000 in fines.
Those charged with placing a false bomb in a sports stadium, arena, mass transportation facility or enclosed shopping mall also face a Class D felony – and with it, the corresponding penalties on conviction.
Bomb pranks are dangerous, so officials won’t hesitate to prosecute anyone caught doing them. The offense is also a felony – whether the “explosive” is placed in a dense public space or not. Anyone who thinks such a cruel joke is a good idea should reconsider because a court can sentence them to years of prison.]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484902023-10-23T16:46:02Z2023-10-23T16:46:02ZBeyond the immediate legal penalties of being found guilty of a felony offense, the aftermath of a conviction can profoundly impact various aspects of your life.
From your personal relations, professional prospects and overall quality of life, the consequences can be far-reaching, often creating complex challenges. Below are some ways a felony conviction can come in the way of a happier and more fulfilling life.
It will show up on your criminal record
A conviction will stain your criminal record, which is accessible to the public. It can make it challenging to find employment, as many employers conduct background checks. This can result in the loss of job opportunities, career advancement or professional licenses, which can affect your financial stability.
You may have to deal with social stigma
The stigma associated with a felony can lead to social isolation and strained family dynamics. Friends and acquaintances may distance themselves, while familial relationships may deteriorate due to the emotional and financial burdens associated with the conviction.
You can experience housing challenges
Many landlords conduct background checks, and a felony conviction on your record can make securing safe and stable housing difficult. This can limit your housing options, eroding your quality of life.
You may lose certain civil rights
A felony conviction can strip you of certain civil rights. For instance, you cannot legally possess firearms or serve on a jury if convicted of a felony offense. These restrictions can make you feel like a second-class citizen and impact your sense of belonging in the community.If you are facing felony charges, it’s essential to seek legal guidance to help craft a defense strategy that addresses your unique circumstances and offers the best chance of avoiding a felony conviction.]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484882023-10-11T14:40:52Z2023-10-11T14:40:52ZCriminal degrees for staged auto accidents
Per New York law, there are two degrees to the crime of fake auto accidents for insurance fraud.
Suppose a person devises or intentionally instigates a staged auto collision with the intent to commit insurance fraud. In that case, they’re guilty of staging a motor vehicle accident in the second degree, which is a Class E felony. On conviction, the person must pay as much as $5,000 in fines and serve up to four years in prison.
However, a person who creates or causes a staged auto accident wherein another suffers serious physical injury or dies can face charges for staging a motor vehicle accident in the second degree – a Class D felony. A conviction for this offense carries a maximum $5,000 fine and up to seven years in prison.
Additional penalties for insurance fraud
On top of charges for staging an accident, accused drivers may also be separately charged for insurance fraud based on the payout amount they dishonestly obtained. There are five degrees of fraud charges with the penalties increasing based on the amount defrauded.
For defrauding insurers of less than $1,000 – the lowest end of insurance fraud – accused drivers may be charged with insurance fraud in the fifth degree, a Class A misdemeanor. But if a person fraudulently obtains more than a million dollars, they can face a charge of insurance fraud in the first degree, a Class B felony. This is the highest criminal degree for the offense, and a conviction leads to as much as twice the amount the driver obtained in fines and up to 25 years in prison.
Staged auto accidents aren’t just dangerous, they’re also criminal offenses that can lead to severe penalties for anyone involved. Drivers facing charges should take their court hearing seriously because staged collisions are immediately prosecuted as felonies.]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484872023-10-10T03:17:49Z2023-10-10T03:17:49ZFraud occurs when someone engages in behavior that is intentionally unfair, misleading, dishonest or manipulative in order to further their own ends. Individuals, groups and businesses can all commit fraudulent activity, and fraud is usually for financial gain.
Fraud is a white-collar crime that carries penalties including fines and jail time if caught. Because each fraud case is unique the penalties and settlement options often depend on court decisions and victims. Here are several kinds of fraud:
1. Mail fraud
Mail fraud involves the use of phones, email or letters to trick victims into giving money, contracts or personal information away. Pyramid scams, Ponzi schemes and sweepstakes are all popular types of mail fraud. Small businesses, people who are unemployed or disabled and the elderly are often targets of mail fraud.
2. Insurance fraud
When someone submits a fake claim to an insurance company with the intent of profiting off of the claim, insurance fraud may occur. On the other hand, if the insurance provider withholds or rejects benefits a claimant is entitled to, insurance fraud may also result.
3. Fraudulent conveyance
Someone may own property and transfer it to the name of another. By putting this item out of reach, someone may be attempting to dodge or deceive creditors. If it is shown that the property was transferred fraudulently, the court may order that it be returned to the creditor.
4. Bank fraud
Bank fraud occurs when someone steals money from financial organizations. Loan fraud is a type of bank fraud that can occur when a criminal steals someone's identity and applies for loans under the stolen identity. Accounting fraud is another such instance of bank fraud in which a company falsifies financial records to make it appear more prosperous so that it may submit more loan applications.
It's important to realize that people can get caught up in fraud and fraud investigations very easily, sometimes without knowingly doing anything illegal. If you find yourself or someone you love in the middle of a fraud investigation, the wise thing to do is to find out more about your legal options right away.]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484822023-09-27T15:51:04Z2023-09-27T15:51:04ZOne of the things that many people hear during interviews, media reports, TV shows and police investigations is someone saying they “plead the Fifth.” Someone who pleads the Fifth is refusing to make any comments that could lead to self-incrimination. Pleading the Fifth is not a legal term, but a colloquial one that in effect states they are refusing to answer questions that could be used against them in the court of law.
There’s always the possibility that the police could come up to anyone at any time and ask them questions related to an investigation. This could happen on the street, in stores or even on people’s front lawns. People who believe they could not be a target in an investigation may be inclined to answer any of these questions since it’s the police who are asking them. It’s often not people’s first thought to plead the Fifth at this time.However, answering law enforcement questions can make life complicated for someone who believes they have not committed any crimes. Here’s what you should know:
Why would someone who is innocent plead the Fifth?
Someone who believes they are innocent may try to cooperate with law enforcement instead of exercising their rights. They may do this since they may believe honesty is their best defense and pleading the Fifth would appear as if they are admitting to guilt. However, it can still greatly benefit people who believe they are innocent to plead the Fifth early on in an investigation. There have been many times when someone was not a target in a criminal investigation that unfortunately suffered from criminal charges because they did not enforce their rights. Criminal law is exceedingly complex, so people sometimes admit to things that they don't realize could result in charges.It’s important to know when it's necessary to plead the Fifth. Someone facing criminal charges because they did not exercise their right soon enough needs to learn about their options for a legal defense. ]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484892023-10-17T11:31:21Z2023-09-27T11:30:13ZThough, how is it treated in New York?
Wire fraud in New York City
Our city has its own wire fraud and general fraud laws that are enforced by the New York City Department of Consumer Affairs and the New York City Police Department. Both can investigate complaints of wire fraud and take legal action against both businesses and individuals who violate fraud laws. The NYPD criminally charges for wire fraud, but the DCA can issue fines, revoke licenses and order restitution for alleged wire fraud victims.
Wire fraud at the federal level is enforced by investigated by an alphabet soup of agencies including the Department of Justice (prosecuting federal cases of wire fraud), Federal Bureau of Investigation (investigations), the Internal Revenue Service (investigation) and the Securities and Exchange Commission (investigations and civil prosecutions). Both the FBI and the IRS OIG can also make arrests, but the actual prosecution is done by the DOJ, except for civil prosecutions done by the SEC.
The consequences of wire fraud
The consequences for wire fraud are expansive, especially as you could face consequences at multiple levels. You could have face prosecution locally, and then face additional charges federally. Wire fraud convictions routinely have prison sentences up to 20 years, but depending on the facts have enhancements up to 30 years and fines up to $1 million, in addition to civil lawsuits, tax penalties, asset forfeiture, restitution, etc.
]]>On Behalf of Kushner Law Group, PLLChttps://www.kushlawgroup.com/?p=484852023-10-09T15:18:09Z2023-09-13T15:12:32Zthe crime of fraud in New York involves and some potential defenses.
Fraud in the criminal context is a white-collar crime. A white-collar crime is a non-violent crime committed to obtain or avoid losing money. It usually involves lying or deceiving someone else for your own personal gain.
Examples of criminal fraud include embezzlement, money laundering or securities fraud. White-collar fraud cases are often investigated by federal agencies such as the Securities and Exchange Commission.
Lack of intent
One common defense strategy is built on lack of intent. Intent to commit the crime is a key element of the crime of fraud. The prosecution must prove that your actions were done with intent to deceive the fraud victim while benefiting you.
If you did not know what you did was a crime or did it without an intent to deceive, your actions cannot be considered fraudulent.
Entrapment and coercion
Another possible defense is entrapment, meaning that law enforcement induced the defendant to commit a crime they would not have otherwise committed using unjustified tactics.
You can also argue coercion as a defense. This is when someone threatens you with harm if you do not do something. You may have committed an act of fraud, but if the evidence shows you were coerced into doing it, you might have a successful defense.
Remember that no matter what your circumstances, the prosecution must prove the case beyond a reasonable doubt. Sometimes their evidence may not be enough or there might be legal technicalities that can assist you with your defense.]]>