July 2023 - Law Office of Frank Ciardi

Related Offenses to Embezzlement Charges in Rochester NY

by The Law Office of Frank Ciardi | Jul 30, 2023 | Criminal Defense

Like the other offenses listed below, embezzlement is basically a combination of theft and betrayal. As a result, even though embezzlement charges are nonviolent crimes, these offenses are quite serious.

Usually, an embezzlement lawyer near you resolves these charges like Albert McKenzie’s lawyer resolved embezzlement charges against his client in 1881. In a plea bargain agreement, prosecutors agreed to drop felony embezzlement charges if McKenzie pleaded guilty to misdemeanor embezzlement charges. The McKenzie plea bargain was one of the first ones in American courts.^[1] Today, plea bargains resolve over 95 percent of criminal cases.^[2]

Plea bargaining is not surrendering. Instead, negotiated plea bargains end cases earlier and give defendants much more control over the outcome.

So, an influential lawyer near you for embezzlement charges must be a good negotiator. Being a good negotiator means preparing a case as if it will go all the way to trial. Then, good negotiators know when to compromise and when to stand firm. Only lawyers with all these skills can favorably resolve embezzlement and other complex criminal cases.

Bribery

In 2016, the Supreme Court refused to hear former Illinois governor Rod Blagojevich’s final appeal of his bribery convictions, effectively leaving a broad definition of bribery in place.^[3] Earlier, a court convicted Blagojevich on multiple counts after the former governor allegedly tried to sell Barack Obama’s Senate seat when he was elected President.

Blagojevich pointed out that he didn’t ask for anything specific. Indeed, a court of appeals threw out a few convictions on that basis. But the bribery convictions remained in place. So, political horse-trading could be illegal bribery of a public official.

Credit Card Fraud

As credit and debit card use exploded, these cases were rampant in the 1980s and 1990s. Then, chip technology drastically reduced credit card fraud. Google/Apple Pay technology reduced credit card fraud cases even further.

Nevertheless, prosecutors still actively pursue CNP (card not present) fraud. Credit card fraud penalties are higher if the offense has some embezzlement similarities (e.g., the defendant stole a company credit card or used the card for unauthorized purposes).

That last point raises an interesting issue in credit card and other fraud matters. Consent is effective until revoked. If Alice’s boss lets her buy plane tickets with a company credit card once, she may keep doing sp until her boss tells Alice to stop.

Criminal Tax Fraud

Tax fraud has several layers. Nonpayment of taxes and civil tax fraud, which is usually omitting an income stream, don’t have embezzlement qualities. Criminal tax fraud is different. Prosecutors often file these charges if the taxpayer used an LLC shell, offshore account, or other such vehicle to hide money.

Criminal tax fraud also resembles embezzlement in terms of penalties. The taxing authority usually just wants the money in nonpayment and civil fraud claims. But if the taxpayer committed criminal fraud, the taxing authority usually wants the money and wants to see the taxpayer do some jail time.

Forgery

Generally, forgery has the same betrayal/theft combination. Altering a prescription label is a good example.

If Frank gives Bill a few leftover sleeping pills, and Bill gets caught with these pills, Bill might face minor charges. But if Bill alters a prescription label, perhaps changing the name or number of allowed refills, he could face much more serious charges.

Incidentally, in the first part of that example, Frank could face drug trafficking charges even though no money changed hands.

Identity Theft

Of all similar crimes of embezzlement, identity theft might be the most unsettling one. Large-scale data breaches garner most of the headlines in this area. But most identity theft crimes are more personal.

Old-fashioned dumpster diving might be the most common form of identity theft. Unscrupulous restaurant workers often have unfettered access to credit card information. Careless people sometimes leave receipts or credit card statements lying around.

Online impersonation is another common form of identity theft. Frequently, anyone with a username and password can pretend to be anyone else.

Insurance Fraud

Insurance fraud has several forms, like other kinds of fraud, and could involve anyone involved in a medical, car, or other insurance claim.

Providers: Higher-level professionals, like doctors, often delegate tasks to other professionals, like nurses, and then bill the insurance company for a doctor-provided service. Coding fraud (“accidentally” entering the wrong code for a medical service) is also common.
Claimants: The scoop-and-squat auto insurance fraud is widespread in no-fault auto insurance states like New York. Driver A cuts off Driver B in traffic, Driver A slams on his/her brakes, and Driver C pulls beside Driver B to ensure that s/he cannot change lanes.
Policyholders: Employer workers’ compensation fraud is a good example. Many employers lie on insurance forms, usually about payroll size or worker activities. Large payrolls and risky worker activities mean large premium payments.

All these kinds of insurance fraud involve theft, usually monetary theft and betrayal, generally lying on an official form.

Mortgage Fraud

In the previous fraud section, we looked at some specific examples. In this fraud section, we’ll examine some general fraud principles.

People commit fraud when they lie about a material fact, hoping for financial gain.

Fraud is like embezzlement in that there’s a combination of theft and betrayal. But fraud isn’t as cut and dried as embezzlement.

People make mistakes. Furthermore, not everyone lies in order to get something. A Rochester criminal defense lawyer often uses these gray areas to resolve fraud matters and other white-collar criminal cases successfully.

Frequently, as far as prosecutors are concerned, an arrest record and an unwanted trip through the criminal justice system are sufficient criminal punishments for fraud and other embezzlement-related cases. Therefore, the aforementioned plea bargains in these cases usually include deferred disposition. If defendants successfully complete deferred disposition probation, the judge wipes the conviction off their permanent records.

Get Help with Embezzlement Charges in Rochester NY

There’s a big difference between a criminal arrest and a criminal conviction. Contact the Law Office of Frank Ciardi for a free consultation with an experienced Rochester traffic violation attorney. We routinely handle matters in Monroe County and nearby jurisdictions.

Sources:

[1] https://www.history.com/this-day-in-history/plea-bargaining-gains-favor-in-american-courts

[2] https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/pleabargainingresearchsummary.pdf

[3] https://www.reuters.com/article/us-usa-court-blagojevich/supreme-court-rejects-illinois-ex-governors-corruption-appeal-idUSKCN0WU12W

Drug Crime Lawyer NY: What Should I Do After Becoming Involved in a Drug Crime

by The Law Office of Frank Ciardi | Jul 15, 2023 | Criminal Defense

Most people who ask us this question were arrested for drug possession. Simple possession accounts for about 80 percent of the drug crime arrests in Monroe County.^[1] Specifically, this question usually involves collective possession cases. If officers find drugs in a car, they usually arrest everyone in the car. Legally, an occupant possesses everything in the passenger area, a designation that includes a car’s trunk and a pickup’s bed. As confusing as it sounds, possession is not the only element of a drug possession case. More on that below and everything you need to know about a good Drug Crime Lawyer in NY.

Other unsuspecting drug defendants include people on the edges of a drug manufacturing and/or distribution scheme. Under New York conspiracy law, a person who buys meth ingredients is just as guilty as a person who cooks meth in a bathtub. That being said, these peripheral participation cases often feature some extenuating circumstances. More on that below as well.

Back to the question at hand. In any event, if officers question you about a drug crime, don’t panic, don’t say anything, and call a Rochester criminal defense attorney. A lawyer probably cannot prevent an arrest. If anything, “lawyering up” increases the chances of an arrest. But a Rochester criminal defense attorney can prevent a bad situation from getting worse. Only good lawyers know how to use procedural and substantive defenses that deny prosecutors the evidence they need to obtain convictions.

Drug Crime Lawyer NY: What to Expect in a Criminal Case

Remember, our first rule is not to panic. Since people are less likely to panic if they know what’s coming next, we’ll start there first.

Jail release is usually the first priority. Drug crimes are normally felonies. Depending on several factors, mostly the severity of the offense and the defendant’s criminal record, authorities normally set bail at around $5,000.

A defendant could post the entire amount in cash. Posting cash bail is like paying a security deposit. Defendants who meet all bail conditions, like renters who meet all rental conditions, get most of that deposit back. The obvious risk is that if defendants and renters don’t toe the line, they could lose everything.

To many people, $5,000 might as well be $5,000,000. A bail bond, which is like an insurance policy, is usually an option. Most bail bond companies charge about a 15 percent premium. If a fire burns down your house, the fire insurance company bears the financial risk. Likewise, if a defendant skips bail, the bonding company bears the financial risk.

The court process usually starts a few weeks later. A few defendants are entitled to public defenders or court-appointed lawyers. Most must hire private Rochester criminal defense attorneys. A lawyer evaluates your case, as outlined below. Sooner or later, plea bargains resolve almost all criminal cases.

Drug Crime Lawyer NY: Group Possession

Drug possession, as mentioned above, really means drug proximity. This element is very difficult to beat in court if the drugs are admissible in court. That’s a pretty big “if.”

Physical evidence usually involves Fourth Amendment search and seizure issues. We used a vehicle possession example above, so let’s stay with it.

Officers must have reasonable suspicion to detain motorists. Basically, reasonable suspicion is an evidence-based hunch. It’s not a hunch by itself. Officers cannot detain motorists because they look wrong. It’s also not a hunch supported by evidence. The evidence, like a traffic violation, must come before the hunch.

Then, they must have probable cause to search the vehicle. If they don’t have a warrant, a narrow search warrant exception must apply. Owner consent is probably the most common one. Consent is a voluntary, affirmative, and specific act. Officers cannot coerce, expand, or assume consent.

Possession also includes knowledge and control. Assume Tim gives a few partygoers rides home. He runs a red light, and Officer Kathy pulls him over. Some passengers act nervous, so Officer Kathy asks Tim for consent to search. Thinking he has nothing to hide, he agrees. Officer Kathy finds drugs underneath the passenger side rear passenger’s seat.

Tim may go to jail, but the charges probably won’t hold up in court. Tim most likely didn’t know the drugs were there. He certainly didn’t control them.

Drug Crime Lawyer NY: Peripheral Participation

In most jurisdictions, including New York, every participant in a criminal enterprise is just as guilty as Mr. Big. The “I was just following orders” defense didn’t work for Nazi war criminal and alleged Holocaust mastermind Adolf Eichmann,^[2] and it doesn’t work in Monroe County criminal courts.

Apropos of nothing, Eichmann and other top Nazis fled to Argentina after World War II. Israeli spies kidnapped him off the streets of Buenos Arias in May 1960 and smuggled him aboard a return flight to Jerusalem. The harrowing story is definitely worth reading.

Back to the blog. In one noteworthy case, a defendant had a shopping list that included meth-making ingredients. That was the extent of his participation in the meth-making operation. Nevertheless, the court ruled that he was guilty of drug manufacturing.^[3]

Many peripheral participation drug trafficking defendants are shoppers, like the one in that case, or drug mules who don’t know all the details.

Lack of knowledge or “just following orders” may not be a legal defense at trial, but it is a mitigating circumstance during sentencing. A strong undercurrent in the law holds that the punishment should fit the crime. So, a Rochester drug crime lawyer can often negotiate a shorter probation period that has fewer restrictions. Some judges even grant unsupervised probation. These probationers only have to stay out of trouble until their probation ends.

There’s a big difference between a criminal arrest and a criminal conviction. For a free consultation with an experienced Rochester underage drinking attorney, contact the Law Office of Frank Ciardi. Virtual, home, and jail visits are available.