New York Fraud Defense Attorney

If you or a family member have been arrested and charged with fraud, it is essential to have an experienced criminal defense lawyer fighting for your rights. At the Law Offices of Mehdi Essmidi, we understand how difficult facing criminal fraud charges can be. That is why we provide clients with defense strategies tailored to their needs.

Criminal defense lawyer Mehdi Essmidi uses his experience as a former prosecutor to aggressively defend his clients. With years of practice in both criminal defense and prosecution, he is uniquely qualified to help you protect your rights. Don’t risk facing these charges alone. Contact us for a free consultation.

Fraud Charges

Fraud is a criminal offense that involves deceitful or dishonest conduct. Generally, fraud happens when someone makes false representations to another person in order to obtain something of value from them.

Being charged with fraud can lead to long prison sentences and costly fines. That is why it is essential to have a NYC criminal defense lawyer on your side who can fight for the best possible outcome.

Types of Fraud Crimes We Handle

Bank Fraud

Bank fraud involves schemes to obtain money, assets, or other property from financial institutions. This can include check kiting, deposit account fraud, credit card fraud, ATM fraud, loan fraud, or mortgage fraud.

Business Fraud

Business fraud involves the use of false or misleading statements in the course of business, such as false statements on financial statements, falsifying business records, accounting fraud, and other types of corporate fraud.

Charity Fraud

Charity fraud involves the use of false or misleading statements to solicit money or property from individuals or organizations under the guise of a charitable organization.

Computer Fraud

Computer fraud can include hacking, phishing, malware, ransomware, denial-of-service (DoS) attacks, intellectual property theft, online auction fraud, or online gambling fraud.

Healthcare Fraud

Healthcare fraud involves the submission of fraudulent claims to private health insurance companies or government health care programs such as Medicare and Medicaid. This can include billing for services or treatments that were not provided, upcoding, and other fraudulent billing practices.

Identity Theft

Identity theft involves the unauthorized use of another person’s personal information, such as a Social Security Number or credit card information, to obtain credit, loans, or other benefits.

Insurance Fraud

Insurance fraud involves the submission of false or fraudulent claims to insurance companies, such as staging accidents, exaggerating claims, and other fraudulent practices in order to obtain insurance benefits.

Mail Fraud

Mail fraud involves the use of the U.S. mail system to advance a fraudulent scheme. This can include mailing false or misleading letters or packages, or using the mail to deliver stolen goods or money.

Securities Fraud

Securities fraud involves the sale of securities, such as stocks, bonds, and mutual funds, through false or misleading statements. This can include Ponzi schemes, insider trading, and other investment schemes.

Wire Fraud

Wire fraud cases involve the use of electronic communications (telephone, text messages, and email) to commit a fraudulent scheme. This can include communicating false or misleading information or using electronic communications to deliver stolen goods or money.

Tax Fraud

Tax fraud or tax evasion involves the intentional falsification of information on a tax return to avoid paying the correct amount of taxes. This can include underreporting income, inflating deductions, or hiding money and assets.

Immigration Fraud

Immigration fraud involves the use of deceit or false statements to obtain immigration benefits. This can include marriage fraud, asylum fraud, visa fraud, or falsely claiming citizenship.

Credit Card Fraud

Credit card fraud involves the unauthorized use of another person’s credit card information to make purchases or withdraw money. This can include skimming, phishing, and other types of credit card theft.

Criminal Fraud Prosecution

Fraud can be charged under both New York state law and federal law, depending on the specific circumstances of the case.

Fraud that is committed within the state of New York and that doesn’t involve any federal agencies, wires, federal insurance, or federal programs would generally be charged under New York state law. The New York Penal Code covers many provisions that criminalize fraud, including grand larceny by fraud, scheme to defraud, and criminal possession of a forged instrument.

If fraud is committed using the internet, mail, or phone and involves interstate communications or federally regulated entities, it can be prosecuted under federal law. However, if the fraudulent activity is entirely within one state and does not affect federal programs or cross state lines, it may remain under state jurisdiction.

Sometimes, cases that involve fraud may be charged under both state and federal laws, in that case, the defendant could face prosecution in both state and federal court.

Common Defenses Against Fraud Charges

Lack of Intent

To be convicted of fraud, the prosecution must prove that the defendant intended to deceive or defraud another person or entity. If the defendant can show that they did not have the intent to commit fraud, they may be able to avoid conviction.

Lack of Knowledge

If the defendant can show that they did not know that their actions were fraudulent, they may be able to avoid conviction. For example, if the defendant was not aware that the information they were providing was false or misleading, they may be able to claim that they did not know that they were committing fraud.

Mistake of Fact

If the defendant can show that they made an honest mistake and did not intend to commit fraud, they may be able to avoid conviction. This defense is based on the idea that the defendant may have believed that their actions were not fraudulent and that they had a reasonable basis for their belief.

Unreliable Evidence

In many fraud cases, the prosecution’s evidence may be unreliable or incomplete. If there is not enough evidence to prove beyond a reasonable doubt that the defendant committed fraud, the charges may be dismissed or reduced.

Illegal Search and Seizure

In some cases, the evidence used to prove fraud may have been obtained in violation of the defendant’s constitutional rights. If this is the case, the evidence may be excluded from trial, which could result in a dismissal or acquittal of the charges.

Entrapment

If the defendant can show that they were induced or coerced by law enforcement officials into committing the fraud, they may be able to claim entrapment as a defense.

Statute of Limitations

Fraud charges must be brought within a certain period of time after the alleged crime took place. If the prosecution brings charges after the statute of limitations has expired, the defendant may be able to have the charges dismissed.

Contact a New York City Fraud Lawyer Today

If you have been accused of fraud in New York City, it is important to contact an NYC fraud defense attorney as soon as possible. New York fraud lawyer Mehdi Essmidi understands the nuances of these charges and may fight to protect your rights and get the best possible outcome for your case. Contact us today for a free consultation.

FAQs

What should I do if I am accused of fraud in New York City?

Fraud charges in New York City can lead to criminal prosecution, a skilled NYC fraud defense attorney can assess your case, help protect your rights, and build a strong defense strategy.

What are the consequences of a fraud conviction?

The potential consequences of a fraud conviction depend on whether the case is handled in state or federal court, and the evidence presented. Penalties may include jail time, significant fines, restitution, and even civil liability.

Can a fraud case be dismissed before trial?

A fraud case may be dismissed if the prosecution lacks sufficient evidence, if constitutional violations occurred during the criminal investigation. Demonstrating reasonable doubt in the prosecution’s case is key to achieving a dismissal. Contact an experienced criminal defense attorney.

What is the difference between state and federal fraud charges?

Fraud crimes can be prosecuted at both the state and federal level. New York State prosecutors handle cases under state fraud laws, while federal prosecutors oversee offenses involving wire fraud, bank fraud, or large-scale schemes affecting multiple victims.

Can I face civil liability for fraud charges?

Yes, individuals accused of fraud crimes may face civil liability in addition to criminal charges. Victims of fraud may file lawsuits seeking financial compensation, even if a defendant avoids criminal prosecution. Consulting a New York fraud attorney is essential to dealing with both the criminal case and potential civil consequences.