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Defending New Yorkers Against Criminal Fraud Charges
If you’re a New Yorker who has been arrested and charged with fraud, it is essential to have an experienced and knowledgeable attorney fighting for your rights. At the Law Offices of Mehdi Essmidi P.L.L.C., we understand how daunting facing criminal fraud charges can be. That is why we provide our clients with aggressive defense strategies that are tailored to their individual needs.
Mehdi Essmidi is a former New York City Prosecutor who uses his knowledge of prosecution tactics to aggressively defend his clients. He works closely with each client, taking into account every detail of the case, and fighting for the best possible outcome. With years of experience in both criminal defense and prosecution, he is uniquely qualified to help you protect your rights.
Don’t risk your future by facing a fraud charge without an experienced attorney. Contact us for a free consultation and let our team fight for the justice you deserve.
What is Fraud?
Fraud is a criminal offense that involves deceitful or dishonest conduct. Generally, fraud occurs when someone makes false representations to another person in order to obtain something of value from them.
Being charged with fraud can have devastating consequences, including lengthy prison sentences and hefty fines. That is why it is essential to have an experienced fraud defense lawyer on your side who can fight for the best possible outcome.
Types of Fraud Crimes
Bank fraud is a type of fraud that involves the use of fraudulent schemes to obtain money, assets, or other property from a financial institution, such as a bank. This can include activities such as check kiting, deposit account fraud, credit card fraud, ATM fraud, loan fraud, or mortgage 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 involves the use of false or misleading statements to solicit money or property from individuals or organizations under the guise of a charitable organization.
Consumer fraud involves the sale of goods or services through false or misleading statements. This can include false advertising, bait-and-switch tactics, and other deceptive practices.
Computer fraud is a type of fraud that involves the use of computer technology to commit or facilitate a crime. This can include accusations such as hacking, phishing, malware, ransomware, denial-of-service (DoS) attacks, intellectual property theft, online auction fraud, or online gambling fraud.
Health Care Fraud
Health care fraud is a type of fraud that involves the submission of false or 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.
This type of fraud 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 is a type of fraud that involves the submission of false or fraudulent claims to insurance companies. This can include staging accidents, exaggerating claims, and other fraudulent practices in order to obtain insurance benefits.
Mail fraud is a type of fraud that involves the use of the U.S. mail system in furtherance of a fraudulent scheme. This can include mailing false or misleading letters or packages or using the mail to transmit stolen goods or money.
Securities fraud is a type of fraud that 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 fraudulent investment schemes.
Wire fraud is a type of fraud that involves the use of electronic communications, such as telephone, fax, and email, in furtherance of a fraudulent scheme. This can include communicating false or misleading information or using electronic communications to transmit stolen goods or money.
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 contains a number of provisions that criminalize fraud, including grand larceny by fraud, scheme to defraud, and criminal possession of a forged instrument.
On the other hand, if the fraud involves federal agencies, wires, federal insurance, or federal programs, or if it crosses state lines, it can be charged under federal law. Federal fraud statutes include but are not limited to, wire fraud, mail fraud, bank fraud, and securities fraud. Additionally, if the fraud is committed using the internet, mail, or phone, it can also be charged under federal law, regardless of the jurisdiction.
It’s worth noting that sometimes cases that involve fraud elements 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.
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.
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 occurred. 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 that you contact an experienced criminal defense lawyer as soon as possible. At The Law Offices of Mehdi Essmidi P.L.L.C., we understand the seriousness of these charges and will fight to protect your rights and get the best possible outcome for your case. Contact us today for a free consultation.