Fraud

NYC Fraud Defense Lawyers

Experienced Fraud Defense Lawyers for New York & Long Island

Fraud is a unique crime as it is one of the very few that rarely has a statute of limitations. In some jurisdictions, the statute doesn’t even begin until the fraud is discovered and law enforcement has an opportunity to evaluate what has happened and perform at least a cursory investigation.

That said, fraud is also a crime that can be very easily misinterpreted to include all manner of unethical actions that in themselves may be dishonest and even malicious but don’t necessarily rise to the level of criminal fraud. Fraud is the crime of obtaining something of value through deception. Even a non-lawyer can see where confusion can arise. What exactly is “something of value?” Money? Love? Happiness? New shoes? The definition can be different from person to person. One might value a camping trip while another would more likely value an evening reading.

Then there’s deception. The multiplicity of ways one or more people can be deceived is awe-inspiring. In some cases, a person can arrive at the wrong conclusion and accuse someone of deceiving them even if they had no intention of doing so. When these two vague concepts are combined, they create one of the most confusing and hard-to-pin-down crimes on the books. And if you think charging someone with fraud is a tough task, imagine trying to defend them.

The defense against fraud charges requires a deep understanding of not only the legal definitions involved but also the intricacies of the specific allegations. It's vital to dissect the evidence meticulously to uncover any inconsistencies or misinterpretations that could favor the defense. This involves a comprehensive investigation into the intent and actions of the accused, seeking out evidence that supports alternative explanations.

Additionally, expert witnesses may be brought in to challenge the prosecution's claims or to provide clarity on complex financial, technological, or business matters related to the allegations. These experts play a crucial role in breaking down technical details in a way that juries can understand, thus strengthening the defense's position.

Understanding the nuances of these charges is no small feat, making it essential to consult with experienced legal professionals who are well-versed in New York's legal landscape concerning fraud. If you need an adept fraud lawyer in New York, contacting us can provide the insight and support required for your defense.

To speak with our experienced NYC fraud lawyers, give us a call at (888) 646-0025 or contact us online today.

Understanding the Different Types of Fraud in NYC

Fraud can take many forms, and understanding these variations is crucial for both prevention and defense. At Raiser & Kenniff, we believe that knowledge is power. Here’s a brief overview of some common types of fraud that can impact individuals and businesses:

Credit Card Fraud: Unauthorized use of a credit card to make purchases, often involving stolen card information.
Insurance Fraud: Deliberate deception to secure an undeserved insurance benefit, including false claims or inflated damages.
Securities Fraud: Misleading investors or manipulating stock prices, often seen in Ponzi schemes or insider trading.
Identity Theft: Stealing someone's personal information to commit fraud, often resulting in financial loss and damaged credit.
Mortgage Fraud: Misrepresentation of information on a mortgage application, which can lead to significant legal repercussions.

Recognizing these types of fraud can help you take proactive measures to protect yourself and your assets. If you find yourself facing allegations related to any form of fraud, our experienced NYC fraud lawyers are here to provide the robust defense you need. We will work tirelessly to ensure your rights are protected and that you receive a fair trial.

It's important to be aware that each form of fraud can carry different legal implications, with penalties that range from fines to potential imprisonment. Understanding the specific nuances of your charge can assist not only in building a defense but in comprehending the full scope of consequences. Legal professionals can offer guidance tailored to the specifics of your claim, ensuring that you are fully informed of your rights and options.

Moreover, fraud cases often involve complex paper trails and digital evidence which require thorough examination. Legal defense teams will meticulously scrutinize all available evidence, employ forensic accountants if necessary, and enhance strategies to challenge the prosecution's assertions.

Engaging with a competent legal defense team early in the process can significantly influence the trajectory of a fraud allegation. Securing skilled representation ensures that all aspects of the defense are diligently addressed, minimizing potential risks and optimizing for the best possible outcome.

Why Choose Raiser & Kenniff for Your Fraud Defense?

When it comes to navigating the complexities of fraud cases, having a knowledgeable legal team is essential. At Raiser & Kenniff, we pride ourselves on:

Personalized Attention: Every case is unique, and we tailor our approach to meet your specific needs.
Proven Track Record: Our successful history in defending clients against fraud allegations speaks for itself.
Comprehensive Legal Strategy: We analyze every detail of your case to build a strong defense that addresses all angles.

Don’t face fraud allegations alone. Contact Raiser & Kenniff today to schedule a consultation and let us help you navigate this challenging situation with confidence.

Choosing the right legal representation can significantly impact the defense process in a fraud allegation. Our commitment to personalized service means that we fully immerse ourselves in each client's circumstances, offering a bespoke legal strategy tailored specifically to your situation. This commitment goes beyond just understanding the legal parameters; it involves providing consistent communication and transparency throughout the legal proceedings.

Our legal team includes seasoned professionals who are familiar with both state and federal legal systems, bringing a depth of knowledge that is advantageous in crafting robust defense strategies. Additionally, Raiser & Kenniff takes pride in maintaining strong ethical standards and a commitment to justice, ensuring that every defense is carried out with integrity and dedication to client rights. Contacting a fraud lawyer in New York can give you the edge needed in complicated legal environments.

To speak with our experienced NYC fraud lawyers, give us a call at (888) 646-0025 or contact us online today.

Corpus Delicti in Fraud Defense

The most valuable two hours in the defense of anyone accused of fraud is when the defendant’s attorney evaluates whether there is sufficient evidence to sustain the charge. In a murder case, the corpus delicti, or evidence of a criminal act, is rather simple. There’s a dead body. There are wounds or other trauma that could be a cause of death. There’s a murder weapon, and so forth.

In a fraud case, unless the prosecution has the defendant stating their intent to deceive the victim, clear evidence of that deception and something obtained that can be universally considered to have value like jewelry, cash, or real estate, the chances the defense can attack the charges on the basis the elements of the crime are not present increase dramatically.

The average person is likely to have a far more difficult time with these concepts, as they often escape even sophisticated members of the Bar.

To effectively navigate charges of fraud, it is essential to understand how the legal standard of corpus delicti applies. This principle requires proving that a crime has occurred before introducing confessions or admissions. In fraud cases, this means establishing that deceptive acts have indeed taken place and resulted in financial or material gain.

A comprehensive defense approach often involves challenging the establishment of these foundational elements. This may include scrutinizing evidence for ambiguity or inconsistencies, and spotlighting situations where alleged fraudulent actions don't align with the accused's known behavior or intent. Such an approach can undermine the prosecution’s claim and cast reasonable doubt.

Our legal team at Raiser and Kenniff, P.C. is adept in identifying and articulating these critical discrepancies, providing defendants with a fortified defense against unfounded allegations. If you're looking for a fraud lawyer in New York, we work diligently to protect our client's interests and to challenge the validity of the evidence presented in court.

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Our founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.

How Fraud Cases Are Handled in New York

The state of New York takes fraud cases very seriously, given their potential to disrupt financial and commercial activities. New York has established comprehensive statutes to prosecute various fraudulent activities, including sections specifically targeting securities fraud, tax fraud, and healthcare fraud. The legal system is methodical in its approach, often involving financial investigations that span both local and federal jurisdictions.

In New York, fraud charges are complicated by stringent regulatory frameworks and the need for precise demonstration of intent. Prosecutors must prove beyond a reasonable doubt that the accused had a clear intention to deceive and that their actions resulted in some form of illegal benefit. This often necessitates collaboration with forensic experts and extensive scrutinization of financial records. Defense strategies must be equally robust, involving detailed assessments of the evidence and possible alternative explanations for the accused's actions.

Understanding these legal intricacies is essential for anyone involved in a fraud case within New York. Engaging an attorney who is deeply familiar with local statutes and court systems is crucial because it enables a well-informed and strategic defense. From initial investigations to courtroom representation, knowledgeable legal counsel provides the necessary expertise to navigate the complexities of New York’s legal landscape for fraud.

What Are the Stakes in Financial Fraud Charges?

Financial fraud carries substantial penalties and significant implications for anyone facing such charges. The stakes are high, as financial fraud can affect credit ratings, personal and business reputations, and financial assets. Legal repercussions range from fines to imprisonment, depending on the severity of the fraud and the amount involved. More serious cases may even involve federal charges, especially if they cross state lines or involve federal entities.

Beyond legal penalties, there are also collateral consequences to consider. The accused may face the loss of professional licenses, difficulty in securing future employment, and a tarnished public image. These stakes make the role of a defense attorney particularly crucial. They provide not only courtroom representation but also guidance on mitigating damage to one’s personal and professional life. Legal professionals will often work with public relations experts to manage the impact on their client's public image and financial advisors to safeguard their client’s assets.

At Raiser and Kenniff, P.C., we offer comprehensive defense strategies that extend beyond the courtroom, aiming to safeguard all facets of your life affected by financial fraud accusations. Understanding the full scope of these charges allows us to provide you with dedicated support and defense.

Law or Facts in Fraud Allegations

Fraud is a classic chameleon defense, as it gives defense attorneys wide latitude to focus on the weakest part of the prosecution. Is the defendant dead to rights on the facts? Then the defense will argue those facts don’t meet the definition of “deception” and “value.” Will every member of the jury interpret the evidence as meeting those definitions? Then the defense can argue the defendant had no intent to deceive and therefore no intent to obtain anything of value through deception.

In a criminal trial, a fraud defense is likely to lead to fast-moving litigation and more than a few sidebars and hearings outside the presence of the jury.

Since a conviction beyond a reasonable doubt must necessarily come down to how the jury interprets the defendant’s intent, if it exists, and their own ideas about what constitutes deception and value, the prosecution will have its work cut out getting all of those disparate opinions lined up well enough to avoid hanging the jury.

It is for this reason a good defense attorney can often steer fraud cases away from trial and towards a favorable deal. Most prosecutors have little appetite for prolonged litigation over opinion.

Finding a defense attorney with experience in criminal fraud is vital, as working within the boundaries of this kind of case is highly valuable. Fraud is definitely a charge no person should even dream of facing alone.

The decision between pursuing a full trial and seeking a negotiated settlement is pivotal in fraud cases. Many defense teams may find it advantageous to reach out to prosecutors early in the process to gauge the possibility of a favorable plea. By doing so, the defense can often mitigate potential risks associated with unpredictable jury interpretations.

Prosecutors, aware of the complexities and subjective nature of fraud allegations, may be open to negotiations that present better outcomes for both parties. These discussions can lead to lesser charges or reduced penalties, providing those accused of fraud with more stability and certainty regarding their future.

At Raiser and Kenniff, P.C., our adept negotiation skills and thorough understanding of legal strategies empower us to advise clients comprehensively, ensuring that their decisions are informed and aligned with their best interests. If you are in need of a fraud attorney in New York, we stand ready to advocate for you effectively.

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Steven Raiser's law firm handled my case with excellence throughout the process. I had a SBA EIDL loan that got transferred to the Department of Treasury unexpectedly, and had a 30% penalty added to the amount due, and due very quickly, which was very stressful. After talking with Steven Raiser, and working with Harry Gill, who was absolutely brilliant in working with me and preparing the case, they were able to recall the case to the SBA. They were always available quickly, to address my concerns. Having dealt with some law firms before, I really appreciated this.
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FAQs on Fraud Defense

What Should I Do If I'm Accused of Fraud?

pIf you're accused of fraud, it's vital to contact a qualified lawyer immediately. Anything you say can be used against you, so having legal representation prevents missteps that may jeopardize your defense. Document all communications and maintain a record of any relevant documents or correspondence that can support your defense. A systematic approach to collecting this information can prove advantageous in constructing a strong defense strategy.

The complexity of fraud cases requires careful navigation, and rushing into any action without proper counsel could be detrimental. Your attorney can evaluate the charges in detail, establish your legal options, and provide guidance through every step of the legal process. Their legal knowledge and experience are pivotal in defending your rights and ensuring comprehensive communication with authorities and investigators involved in your case. If you need a fraud lawyer in New York, you can rely on our services for clear guidance.

How Long Can a Fraud Investigation Last?

Fraud investigations can vary significantly in duration, depending on the complexity of the case and the scope of alleged activities. Some investigations may conclude in a few months, while others could extend over several years, particularly those involving extensive financial records and multiple parties.

The investigative phase involves collecting evidence, interviewing witnesses, and examining financial documents. It's important to have legal representation throughout this period to ensure that your rights are protected and that any forms of cooperation are strategically managed. A well-prepared defense team can also help expedite the process by efficiently providing requested documentation and responding quickly to inquiries from investigators.

What Are Common Defenses in Fraud Cases?

A variety of defenses may be employed in fraud allegations, tailored to the specifics of each situation. Common strategies include challenging the prosecution's evidence, demonstrating a lack of intent to defraud, or highlighting that no actual harm was caused. Other defenses might involve questioning the legality or accuracy of the evidence collection process, including any potential violations of rights.

Legal defenses often benefit from the testimony of expert witnesses who can provide clarity on complex financial matters or technological issues that are central to the case. Effective use of expert testimony can significantly sway the direction of a case. At Raiser and Kenniff, P.C., we make it a priority to explore every viable defense option to strengthen our client's positions in fraud allegations.

Can Fraud Charges Be Reduced or Dropped?

Depending on the circumstances and details of the case, it is possible for fraud charges to be reduced or even dismissed. Engaging in negotiations with the prosecution can sometimes lead to plea agreements where charges are lessened or fines reduced, particularly if the accused cooperates or if there is insufficient evidence to meet the burden of proof.

Legal counsel with skilled negotiation tactics can make a significant difference in achieving these outcomes. An attorney who is familiar with the prosecutors and has a good grasp of both sides of the argument can often facilitate a more favorable resolution for their client. For individuals facing fraud allegations, the expertise brought by our legal team at Raiser and Kenniff, P.C. in managing such negotiations is instrumental in reaching the best possible outcome.

How Are Penalties Determined in Fraud Cases?

Penalties in fraud cases are determined by various factors, including the nature of the fraud, the amount involved, prior criminal history of the accused, and the impact on victims. Sentences can range from fines and restitution to imprisonment and community service. The severity of the penalty often reflects the economic damage caused and the level of premeditation involved in the fraudulent act.

Judges have discretion in sentencing, but there are guidelines and statutes that inform these decisions. An attorney can help present mitigating factors, such as lack of intent or evidence of good character, to influence sentencing. They may also advocate for alternative sentencing options, like probation or rehabilitation programs.

At Raiser and Kenniff, P.C., we strive to not only defend against the allegations but also present the best possible case during sentencing, emphasizing the positive attributes of our clients to achieve the most lenient outcome permissible under the law.

To speak with our experienced NYC fraud lawyers, give us a call at (888) 646-0025 or contact us online today.

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