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Federal Criminal Forfeiture – Federal Civil Forfeiture

July 7, 2020

As a function of a criminal prosecution of a defendant in federal court, the prosecution can bring an action to charge the property used in the commission of a crime or received as proceeds from the crime, in tandem with charging the defendant in a case. If a jury concludes that the property is forfeitable, […]

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Federal Search Warrant

July 7, 2020

Why Did Federal Agents Show Up With a Federal Search Warrant? If federal agents show up at your house to carry out a search with a Federal Search Warrant, that normally means that you are the target of an investigation for some reason. Before they arrived at your home, attorneys for the government presented evidence […]

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NY Penal Law § 140.35: Possession of Burglar’s Tools

July 6, 2020

Pursuant to the New York criminal code, burglary is a criminal offense in which a person unlawfully enters a building or unlawfully remains in a building with the intent to commit a crime. Burglary is a felony offense. In addition to that, it is also a crime to have the tools that are typically used […]

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NY Penal Law § 140.17: Criminal Trespass in the First Degree

July 6, 2020

No matter if it is someone’s home, business or some other type of property, it is against the law to enter or remain on property that belongs to someone else without having that person’s permission to be there. If you do this, then you will be trespassing. If you trespass and you have a weapon […]

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NY Penal Law § 140.10: Criminal Trespass in the Third Degree

July 6, 2020

No matter if it is someone’s home, business or some other type of property, it is against the law to enter or remain on property that belongs to someone else without having that person’s permission to be there. If you do this, then you will be trespassing. In the New York Penal Law, there are […]

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NY Penal Law § 140.30: Burglary in the First Degree

July 6, 2020

Many people link burglary with theft. Nevertheless, while a theft can take place during a burglary, it is not necessary that anything  is stolen in the process. According to the New York criminal code, burglary is defined as the unlawful entering of someone’s property with the intent to carry out a crime. The underlying crime […]

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NY Penal Law § 140.25: Burglary in the Second Degree

July 6, 2020

Burglary is a crime that is often spoken of as “breaking and entering.” It entails entering a structure without permission for the purpose of committing a criminal act. You would also be looking at a burglary charge if you are in a building lawfully, but then you remain there after you were supposed to have […]

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NY Penal Law § 140.20: Burglary in the Third Degree

July 6, 2020

According to the penal code, burglary involves entering another person’s property unlawfully with the intention of committing an unlawful act. Burglary is a felony offense. Three burglary offenses are detailed in the New York Penal Law. The least serious of the three charges is burglary in the third degree.  To be convicted under New York […]

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NY Penal Law § 140.05: Trespass

July 6, 2020

There are a number of laws in New York that are in place to protect people’s private property. That is the purpose of the trespass laws. To enter onto another person’s property or remain on another person’s property without that person’s permission is against the law . If you do this, you would get charged […]

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NY Penal Law § 176.30: Insurance Fraud in the First Degree

July 6, 2020

Insurance fraud is among the white collar crimes that entails deceiving an insurance company in order to receive insurance money.  There are numerous different ways one can commit insurance fraud. For example, if your home gets burglarized, and you lie to the insurance company about what was taken so that you can get a larger […]

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NY Penal Law § 176.25: Insurance Fraud in the Second Degree

July 6, 2020

Insurance fraud is a widespread crime that involves intentionally making a false claim to an insurance company. A common type of insurance fraud is committed by  health care providers, such as doctors, dentists, or chiropractors, filing insurance claims for treatment or procedures that were never carried out. Arson is frequently used to attempt to defraud […]

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NY Penal Law § 176.20: Insurance fraud in the third degree

July 6, 2020

Insurance fraud is among the white collar crimes that entails deceiving an insurance company in order to receive insurance money. This statute covers fraud that involves any type of insurance policy, plan or arrangement including  life insurance, property  or home owner’s insurance, automobile insurance, health insurance, workers’ compensation, commercial insurance, and publicly funded insurance programs, […]

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NY Penal Law § 176.10: Insurance Fraud in the Fifth Degree

July 6, 2020

Insurance fraud is among the white collar crimes that entails deceiving an insurance company in order to receive insurance money. This statute covers fraud that involves any type of insurance policy, plan or arrangement including  life insurance, property  or home owner’s insurance, automobile insurance, health insurance, workers’ compensation, commercial insurance, and publicly funded insurance programs, […]

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NY Penal Law § 176.15: Insurance Fraud in the Fourth Degree

July 6, 2020

Insurance fraud is a white collar crime that occurs when someone provides false information to an insurance company in order to receive a payment from the insurance company that they would otherwise not have received. While it is often associated with medical insurance, it can involve any type of insurance arrangement such as life insurance, […]

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ICE and DHS Are Vigorously Pursuing Businesses in California and Texas

July 5, 2020

Companies in California and Texas that hire workers from Mexico are under heavy scrutiny and pursuit by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Homeland Security (DHS). Company owners and executives who are convicted could possibly serve decades behind bars. As issues involving immigration in the spotlight during the midterm elections […]

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How is a Foreign Tax Treaty Made?

July 5, 2020

Tax treaties can dictate which categories foreign source income must be reported for federal income tax purposes. Tax treaties do not directly cover your requirement to file an FBAR (Foreign Bank Account Report, FinCEN Form 114). Nonetheless,the discovery of unreported income in the environment of a tax treaty can impact on the IRS’ decision to […]

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NY Penal Law § 158.50: Criminal Possession of Public Benefit Cards in the First Degree

July 4, 2020

If you have in your possession public benefit cards that are in another person’s name or in the names of several other people, you may have committed the crime of criminal possession of public benefit cards. There are 3 statutes in the New York criminal code that cover this offense. The particular charge that you […]

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NY Penal Law § 158.45: Criminal Possession of Public Benefit Cards in the Second Degree

July 4, 2020

If you have in your possession public benefit cards that are in another person’s name or in the names of several other people, you may have committed the crime of criminal possession of public benefit cards. There are 3 statutes in the New York criminal code that cover this offense. The particular charge that you […]

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NY Penal Law § 158.40: Criminal Possession of Public Benefit Cards in the Third Degree

July 4, 2020

The New York criminal code covers several laws that are meant to penalize those who commit welfare fraud. Welfare fraud is a general term that speaks of the abuse of federal and state public assistance programs. In a number of cases, welfare fraud is carried out by giving false information on a public assistance application […]

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NY Penal Law § 158.35: Criminal Use of a Public Benefit Card in the First Degree

July 4, 2020

New York law prohibits people from using another person’s public benefit identification documents to receive public assistance benefits such as health coverage, SNAP food benefits, or other public assistance benefits. If you were to accept another person’s electronic benefit transfer (EBT) card as collateral for a loan, or in exchange for money, drugs or some […]

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NY Penal Law § 158.30: Criminal Use of a Public Benefit Card in the Second Degree

July 4, 2020

New York law prohibits people from using another person’s public benefit identification documents to receive public assistance benefits. such as health coverage, SNAP food benefits, or other public assistance benefits. If you were to accept another person’s electronic benefit transfer (EBT) card as collateral for a loan, or in exchange for money, drugs or some […]

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NY Penal Law § 158.25: Welfare Fraud in the First Degree

July 4, 2020

Because of the amount of welfare fraud that occurs, law enforcement has focused an increasing amount of resources to identifying and prosecuting those who receive public assistance benefits based on fraud. Welfare fraud is the crime of receiving public assistance benefits based on some type of fraudulent act, such as making false statements on an […]

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NY Penal Law § 158.20: Welfare Fraud in the Second Degree

July 4, 2020

Welfare fraud is the crime of receiving public assistance benefits based on some type of fraudulent act, such as making false statements on an application for benefits, not reporting the receipt of another type of benefit such as workers compensation, or failing to report income. There are five welfare fraud offenses in the New York […]

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NY Penal Law § 158.15: Welfare Fraud in the Third Degree

July 4, 2020

Welfare fraud is the act of receiving public assistance benefits on the basis of some kind of fraudulent action.  The fraud can include giving false statements on an application for benefits, neglecting to report the receipt of another type of benefit such as workers compensation, or neglecting to report income. Five welfare fraud offenses are […]

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NY Penal Law § 158.10: Welfare Fraud in the Fourth Degree

July 4, 2020

When considering the crime of theft, we generally tend to think about such crimes as grand larceny, burglary, shoplifting and robbery. Nevertheless, there is another kind of theft that is known as welfare fraud. This is a crime that involves stealing resources from the government. For instance, if you file an application for welfare benefits […]

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NY Penal Law § 158.05: Welfare Fraud in the Fifth Degree

July 4, 2020

When considering the crime of theft, we generally tend to think about such crimes as grand larceny, burglary, shoplifting and robbery. Nevertheless, there is another kind of theft that is known as welfare fraud. This is a crime that involves stealing resources from the government. For instance, if you file an application for welfare benefits […]

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NY Penal Law § 156.26: Computer Tampering in the Second Degree

July 4, 2020

If you gain access to a computer without authorization and then alter or destroy computer data or a computer program, you will have committed the crime of computer tampering. The crime of unauthorized access of a computer can entail a number of different activities, including deciphering another person’s secret password and utilizing it to access […]

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NY Penal Law § 156.25: Computer Tampering in the Third Degree

July 4, 2020

In the New York Penal code, the definition of  “unlawful access of computers” is illegally accessing a computer or computer network, or allowing another person to have access. The crime of unauthorized access of a computer can entail a number of different activities, including deciphering another person’s secret password and utilizing it to access that […]

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NY Penal Law § 156.20: Computer Tampering in the Fourth Degree

July 4, 2020

In the New York criminal code, the definition of  “unlawful access of computers” is illegally accessing a computer or computer network, or allowing another person to have access. Unauthorized access of a computer can include a number of different activities including figuring out another person’s password and using it to access that person’s computer, giving […]

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NY Penal Law § 156.10: Computer Trespass

July 4, 2020

The crime of unauthorized access of a computer can entail a number of different activities, including deciphering another person’s secret password and utilizing it to access that person’s computer, sharing a password to other individuals who do not have authorization to access the computer, hacking into someone’s computer over the internet, or posing as another […]

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