Scams and ripoffs have endured from generation to generation and from one century to the next. The fundamentals haven’t changed, despite the fact that they have become more sophisticated. What is the simplest or quickest way to rob someone of their possessions or money? Prosecutors and judges often treat these cases—from Ponzi schemes to immigration fraud—extremely seriously, even though the value of the theft is far less than hundreds or even tens of thousands of dollars. Prosecutors enforce this rule, judges are prepared to send a message, and your criminal defense attorney is aware of it. Don’t let false illusions convince you differently.
Scheme to Defraud in the First Degree, New York Penal Code 190.65, is frequently one of the first offenses filed when these crimes are committed in New York State, whether in White Plains, Brooklyn, Manhattan, Yonkers, Queens, or anywhere else. First Degree Plot to Defraud is a class “E” felony that carries a maximum four-year prison sentence. It is not an uncommon offense. As many criminal defense attorneys in New York are aware, it is fairly typical to find an arrest or indictment for a violation of NY PL 190.65 coupled with charges for crimes like falsifying business records, grand larceny, and criminal possession of stolen property that are equal to or even more serious. Don’t be misled. There is a considerable risk of serving time in prison that is more than four years.
Defining First-Degree Scheme To Defraud: NY PL 190.65
First-degree fraud schemes can be both simple and complex at the same time. It is unquestionably a felony that needs both your and your criminal defense lawyer’s entire attention. A person violates New York Penal Code 190.65(1) when they engage in a continuous, systematic course of behavior (referred to as a “scheme”) with the intention of defrauding at least ten individuals. This scheme’s goal is to take anything of value from these people—it doesn’t have to be money, but it frequently is—by making false claims, representations, or promises. The accused or defendant must ultimately acquire property.
Similar elements are required for a violation of New York Penal Code 190.65(2) to occur. In this case, a person must also engage in the same ongoing scheme and pattern of behavior, but solely with the specific aim of defrauding at least two individuals. But, the accused must also acquire property worth more than $1,000 as a result of this scheme.
In addition, regardless of the amount of the property obtained, a person is guilty of violating New York Penal Code 190.65(3) if they engage in a conspiracy to defraud more than one person, and at least two of those individuals must be “vulnerable elderly persons,” comparable to subsections (1) and (2). Such a person must meet the requirements of NY PL 260.31, which state that they must be “at least sixty years of age and suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental, or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care.”
Scheme To Defraud In The Second Degree
Although being charged with a Plot to Defraud in the Second Degree is unquestionably the least of two evils, “evil” is a relative phrase when compared to being charged under either New York Penal Code 190.60 or 190.65. According to New York’s NY PL 190.60, a misdemeanor offense carries a maximum one-year prison sentence. Avoid being ill-informed or blinkered. A New York criminal defense lawyer is necessary even if you are only charged with Scheme to Defraud in the Second Degree.
You are guilty of a Scheme to Defraud in the Second Degree when you participate in an ongoing course of conduct scheme where you intend to defraud at least two people or obtain property from those people by false representations or promises, regardless of the type of property that the police or prosecutors claim you stole or swindled (although it is typically money). Also, you must have gotten property from at least one of the people you intended to swindle in order to be found guilty of violating NY PL 190.60.
Hiring A New York Lawyer For Scheme To Defraud In New York
Hiring a New York lawyer for a scheme to defraud in New York is an important decision that requires careful consideration. Scheme to defraud is a serious crime in New York that involves intentionally deceiving someone in order to obtain money or property. If you have been accused of this crime, you will need a skilled and experienced lawyer to represent you.
One of the first things to consider when hiring a New York lawyer for a scheme to defraud a case is their experience in handling similar cases. Look for a lawyer who has a proven track record of success in defending clients against charges of fraud and schemes to defraud. Additionally, make sure that the lawyer you hire has a deep understanding of New York criminal law and the specific laws and regulations that pertain to fraud cases.
Another important consideration when hiring a New York lawyer for a scheme to defraud a case is their communication skills. You want a lawyer who is responsive and attentive to your needs, and who will keep you informed throughout the legal process. Your lawyer should also be able to explain complex legal concepts in a way that is easy for you to understand.
Finally, when hiring a New York lawyer for a scheme to defraud a case, it’s important to consider their fees and billing structure. Look for a lawyer who is transparent about their fees and who will provide you with a detailed breakdown of the costs associated with your case. Make sure that you are comfortable with the fee structure before signing any contracts or agreements.