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What Happens When I Give False Information To Avoid Charges?

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There is a mistake  that is  often made by people when  they are  arrested, and that can potentially result in additional criminal charges. That mistake consists  of  giving the police false information in order to  avoid charges. Specifically, giving  a New York City police officer  false personal information, such as name or  date of birth,  in order to  avoid being identified by the  police, can give rise  to charges  of False Personation. This can happen no matter what original offense you were arrested for. Further, even if the original offense ends up not  being prosecuted or being  dismissed, you  can  still  be  charged and prosecuted for False Personation. False Personation  is  a B  misdemeanor.  In and of itself, this may not be  a serious crime. However, there can be several  undesirable consequences.  For  example, if the…

What Can I Do if I Faked an LIRR Disability Claim?

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Recently, prosecutors have begun to crack down on Long Island Rail Road (LIRR) retirees who filed false disability claims.  These claims included fabricated illnesses and injuries: to collect extra pension money, retirees said they were medically incapable of working when many were in fact perfectly healthy. Involved physicians are also facing charges.  Two physicians who falsified medical records of disability for LIRR retirees have already been arrested. If you are among the retirees or physicians who defrauded the federal Railroad Retirement Board, there may be a way out of trouble. Officials have offered amnesty to anyone who voluntarily confesses to LIRR disability fraud.  If you come forward before July 6th, you even get to keep the benefits, and if you come forward by August 10th, you only have to give back half. Retirees who confess will not be eligible for future disability payments, but they will avoid prosecution for federal criminal charges. If you…

How Is The Crime Of Marriage Fraud Prosecuted in New York?

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Marriage fraud is a federal crime. Marriage fraud within the meaning of federal criminal law is getting married for the only purpose to obtain immigration status. This law, Section 1324(c) of Title 8 of the U.S. Code, applies to the U.S. citizens or green card holders (permanent resident aliens) as well as to the nonresident aliens. Most people charged with marriage fraud are also likely to be charged with another crime of making false statements under Section 1001 of Title 18 of the U.S. Code. While many marriages between aliens and U.S. Citizens are valid marriages, it is the “sham marriages” that the ICE is interested in. A sham marriage is a fake marriage that exists only in order to avoid immigration restrictions one of the “spouses”. Some defendants have a “commercial agreement” in which a citizen marries an alien for a fee. The alien then applies for green card based on marriage and when they receive it, the “marriage” is…

Who May Issue A Search Warrant In A Tax Fraud Case?

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The United States Attorney’s Office has the authorization of the Assistant Attorney General, Tax Division to issue a search warrant in tax fraud and evasion cases.  This search warrant can be issued against “office, structure, or premises” of an individual as well as electronic communication services.   The only condition in this provision is that written approval must be received to approve a search warrant against: − an accountant − a lawyer − a physician − a public official/political candidate − a member of the clergy − a news media representative − a labor union official or − an official of an organization exempt from tax under 26 U.S.C. § 501(c)(3) Written approval must also be received for a search warrant against a target that is not a target of the tax investigation.  Evidence disclosed to a grand jury can only be used by the IRS if it demonstrates that it has a particularized…

What Are The Penalties For Money Laundering?

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The federal Sentencing Guidelines are especially severe to defendants convicted of money laundering. Individual defendants face significant jail time, by far above the terms specified for the underlying  offenses. Corporate defendants face substantial fines, often in amounts over $1 million. As with other Guidelines provisions, the provisions for money laundering involve several factors that are used to determine base offense levels and specific offense characteristics. Base offense levels are quite high, ranging between 17 and 23; a base offense level of 23 requires an incarceration period of between 46 and 57 months. Specific increases in offense level depend on how much the defendant knew about the source and value of the laundered. If the defendant “knew or believed” that the laundered funds were connected to illicit drug trafficking proceeds, the base offense level is increased by three levels; proceeds of other unlawful activities also result in an…

Is Concealing Or Withholding Information The Same As Making A False Statement?

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Many criminal statutes that deal with making false statements to the government have as critical element the requirement that the defendant make false material statement. In other words, to be guilty of the crime, you must have lied to the government by making a material statement. What is a material statement? In a nutshell, to be material, a statement must be strong enough to influence the government decision maker. So, for example, if you apply for food stamps and tell the government that you make a certain amount a month, the person reviewing your application will use that statement in deciding whether you are eligible. The law doesn’t require that your statement actually influenced the decision maker, only that it’s capable to influence. Is leaving the answer blank the same as making a statement? Let’s say you fill out an application that calls for a certain answer. You leave it blank. If you gave a truthful answer, the application would be denied. Is…

What is Short Sale Mortgage Fraud in New York?

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While mortgage fraud federal prosecutions in New York are common, once  particular mortgage fraud scheme called short sale fraud is gaining popularity with the FBI. Short sale is a real estate transaction in which the bank sells the property for less than the mortgage the bank still owns. Short sales are a popular alternative to foreclosure. While there is nothing illegal about short sales, a type of mortgage fraud involving short sales is common. Certain activities are likely to trigger an FBI mortgage fraud investigation of short fraud scheme. “Flipping” is one way short sale fraud occurs. In a flipping scheme, a buyer makes false statements to a lender, hiding the fact that the buyer is really part of the agreement with others to rig the sale at a low price. The buyer would make a lower offer, not the best offer, and then resell (flip) the property almost immediately at a higher price.  Hiding the real price results in direct loss to home sellers and…

Happy Birthday, Open Thread

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It's that time of year again...this year it's a big one. I should be happy because I'm done with outrageous heath insurance premiums (now it's just Medicare, a supplemental policy, and a drug plan which together cost 1/3 of my... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Does Testifying Before Grand Jury Help To Get Immunity In A White Collar Crime Case In New York?

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If there is the reasonable belief that an individual’s testimony will incriminate them and prevent them from cooperating with the investigation, the prosecutor may decide to grant the witness immunity.  Immunity will exempt the individual from prosecution for certain transgressions and will effectively serve as their protection against self-incrimination. There are two kinds of immunity, transactional immunity and “use and derivative use” immunity.  Transactional immunity is total immunity and the witness cannot be charged under any circumstances based on his or her testimony.  Use and derivative use immunity will protect the witness from direct incrimination through their own testimony, but they may be found guilty if other evidence is found proving that they have committing a crime. If an individual granted immunity from prosecution refuses to testify, they will be found in contempt of court.  You may not refuse to testify out of fear of…

Art. 29 Datenschutzgruppe der EU-Kommission veröffentlicht datenschutzrechtliche Empfehlungen für Google

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Seit gut zwei Jahren untersuchen verschiedene europäische Datenschutzbehörden die Datenschutzerklärung von Google auf deren Vereinbarkeit mit europäischem (Datenschutz)Recht. In diesem Zusammenhang hat nun die sog. Art. 29 Datenschutzgruppe der EU-Kommission am 26. September 2014 datenschutzrechtliche Empfehlungen für Google samt offenem Brief veröffentlicht. Damit soll Google seinen EU-relevanten Datenschutz verbessern und allfällige künftige Verstösse gegen Datenschutzgesetze vermeiden. Dabei wurden u.a. folgende Empfehlungen abgegeben (Auswahl):"The privacy policy must be immediately visible and accessible, for instance visible without scrolling and accessible via one click, from each service landing page" (Information - Ziff. 1)."To ensure that the information is accurate and comprehensive, the privacy policy must have, at least, the following characteristics: (…) It provides an exhaustive list of the types…

Page Pate comments on DA’s decision not to seek the death penalty in Justin Ross Harris case

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The post Page Pate comments on DA’s decision not to seek the death penalty in Justin Ross Harris case appeared first on .

"Teacher resentenced to 10 years in notorious Montana rape case"

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Doug Berman at Sentencing Law & Policy excerpts a news account. In part: Stacey Dean Rambold, 55, was resentenced by a new judge exactly a year after he completed an initial one-month prison term for the crime. Rambold appeared to...

NFL WEEK 4

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ERRATA:  Mark Vargo is still alive as he picked the Saints over the Vikings last week. Difficult pickings this week, as the lines look to be about right in each game. So we are reverting to a tried and true method, revert to the mean- which means that teams are neither as good or as bad as they appeared the week before (Jaguars notwithstanding). Packers +2 at the Bears. Panthers +3 at the Ravens.Over 54 Saints/Cowboys. Over 44 Lions at Jets.49'ers -4.5 at home over the Eagles. Survivor pool will posted when all picks are in. Until then...."I'll find em for three, but I'll catch em and kill em for 10."What Rumpole is reading:"This Is Where I Leave You" by Jonathan Tropper. Funny, poignant and sad, often in the same paragraph. A writer of great depth and strength. "Our Mathematical Universe: My Quest For The Ultimate Nature Of Reality" By Max Tegmark. This is probably not for…

D.C. Police to Wear Body Cameras

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The Metropolitan Police Department will begin a pilot program this week in which police officers will be outfitted with body cameras to record their interactions with civilians. According to the Washington Post, 165 officers will be equipped with a camera on either their shirt or glasses. The purpose of this program is to “increase public trust between police officers and the city residents they are sworn to protect.” This is welcome news. Officers will be on their best behavior. And when there is some type of dispute, we will no longer need to rely on the police officer’s version of events.  Below is a simulation of how the cameras will work in practice.  H/T Patrice Sultan  

Are Your Employees Committing Fraud

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Fraud is big business. Companies are most at risk of fraud from their employees, since they have access to information and assets. On average, companies lose 5% to 6% of their revenues to internal fraud. This means that a company with sales of $50 million is likely losing $2.5 million to $3 million each year […]

Sometimes, Video Doesn’t Matter

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The allegations against University of Maryland student John McKenna would likely have stuck, but for the fact that it was caught on video.  It was infamous at the time, a happy college kid skipping down the  sidewalk after beating Duke in basketball in 2010.  Then beaten. It was bad enough that he was beaten. It was worse that they lied about why. Worse still that the cops who could be identified, Reginald Baker and James J. Harrison, refused to give up the names of other cops in riot gear who were also doing the beating.  But that’s before it ended up in court, with Baker and Harrison as defendants instead of McKenna. The upshot was that Harrison was convicted of misdemeanor assault.  Not much of an outcome, but something.  Hope you enjoyed it while it lasted, as it’s now gone. IN PRINCE George’s County, it is now clear that the police, without provocation, can beat an unarmed young student senseless — with impunity. They…

It’s Just a Speeding Ticket…Right?

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Sometimes a speeding ticket is “just” a speeding ticket. If drivers have a record of speeding tickets which include citations of  excessive speeds, infractions caught on camera, or in a construction zone, the effects on one’s license (and wallet) can be significant. This is an even greater concern when speeding is coupled with something such as drunk driving. Many people incorrectly assume that because most traffic infractions are civil and not criminal, they cannot carry hefty penalties. However, most people also do not know that getting a speeding ticket in a construction zone the first time can cost a driver nearly $400, or that a second violation may lead to the state suspending the driver’s license. Representation for Traffic Offenses Some may undermine the severity of a traffic offense and fail to consult with a lawyer. You have the right to defend yourself against these charges and should if you believe your license could be threatened,…

Burden Shifting At A Motion To Suppress Hearing

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A motion to suppress is often the most critical phase of the OVI trial process.  Procedurally, the defense attorney files a motion challenging all of the government’s evidence.  Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules. When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and [Read the full post. . .]

Report: Connecticut Juvenile Court Arrests Down 40%

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New Canaan, Darien, Stamford and Greenwich parents of teenagers can breathe just a little bit easier.  Last week, the State of Connecticut released statistics indicating that juvenile arrests were down 40% over the past 5 years. Is this due to good parenting? Better prevention and education? Crowded courts and jail? Top Stamford Connecticut juvenile criminal lawyering? Here’s your answer… Connecticut Juvenile Arrests by the Numbers According to the State of Connecticut’s recent press release, between 2009 and 2013, arrests of juveniles in Connecticut dropped from 9600 to 5800—a 40 percent decline. Top juvenile crime lawyers and attorneys in Stamford, Darien, and Greenwich have attributed such drops to community police programs which offer teenagers an alternative to being arrested. For example, the New Canaan Police Department often gives teenagers who get into trouble the opportunity to come down to the station and talk honestly and openly about…

The Traffic Stop, the K-9 and the Computer Check

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After local Georgia police found “marijuana in a car that was stopped for lane infractions, Patrick Scott and Dorian Allen, the driver and passenger, respectively, were indicted for the possession of more than one ounce of marijuana.” State v. Allen, 762 S.E.2d 111 (Georgia Court of Appeals 2014).  Scott and Allen then “moved to suppress the drug evidence as the fruit of an illegal seizure.”  State v. Allen, supra. After the trial judge granted their motion to dismiss, the prosecution appealed the ruling to the Court of Appeals.  State v. Allen, supra.The Court of Appeals began its analysis of the issues in the case by explaining thatthe sole witness at the suppression hearing was the patrol officer who initiated the traffic stop. On direct examination, he testified to the following. On September 13, 2012, while stationed in the median of an interstate to monitor traffic, the officer observed a 2012 Nissan Altima vehicle cross from the…
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