Criminal Defense Lawyers

Can a Criminal Defense Lawyer Help with Fraud Charges in New York?

Can a Criminal Defense Lawyer Help with Fraud Charges in New York?

If you’re facing fraud charges in New York, you may be feeling overwhelmed and uncertain about what to do next. Fraud allegations are extremely serious and can have devastating consequences for your future if you’re convicted. The good news is that an experienced New York criminal defense lawyer can provide invaluable assistance in fighting fraud charges and protecting your rights. At Spodek Law Group, we have extensive experience defending clients against all types of fraud charges in New York.

Understanding Fraud Charges in New York

Fraud is a broad category of criminal offenses that generally involve using deception for financial gain or to deprive someone else of money or property. Some common types of fraud charges in New York include:

• Credit card fraud
• Insurance fraud
• Mortgage fraud
• Securities fraud
• Tax fraud
• Identity theft
• Forgery
• Embezzlement

Fraud charges can range from misdemeanors to serious felonies depending on the circumstances and amount of money involved. Even misdemeanor fraud convictions can result in jail time, hefty fines, and a permanent criminal record that can impact your ability to find employment, housing, and more.Felony fraud charges are even more serious, potentially carrying lengthy prison sentences of 5-25 years or more for major fraud schemes. The prosecution must prove that you knowingly and intentionally engaged in fraudulent conduct, which gives an experienced defense lawyer opportunities to challenge the charges.

How a Criminal Defense Lawyer Can Help with Fraud Charges

If you’ve been charged with fraud in New York, it’s critical to contact a skilled criminal defense attorney as soon as possible. Here are some of the key ways we can assist you:

Protecting Your Rights During the Investigation

Fraud investigations often begin long before charges are filed. If you suspect you’re under investigation, we can intervene early to protect your rights and potentially head off charges. We’ll advise you on how to handle any contact with investigators and ensure you don’t inadvertently incriminate yourself.

Analyzing the Evidence and Building Your Defense

We’ll thoroughly review all evidence against you, looking for weaknesses in the prosecution’s case. Common defenses in fraud cases include:

• Lack of intent to defraud
• Mistaken identity
• Entrapment
• Insufficient evidence
• Violations of your constitutional rights

We’ll explore every possible avenue to challenge the charges and build the strongest defense strategy for your unique situation.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Negotiating with Prosecutors

In many cases, we can negotiate with prosecutors to get charges reduced or dismissed before trial. Our respected reputation and relationships with local prosecutors often allow us to secure favorable plea deals for our clients.

Representing You at Trial

If your case goes to trial, we’ll provide aggressive courtroom representation to fight for your acquittal. We have extensive trial experience in fraud cases and know how to effectively challenge the prosecution’s evidence.

Minimizing the Consequences

Even if the evidence against you is strong, we’ll work to minimize the potential consequences. We may be able to negotiate alternatives to incarceration like probation or restitution.

Protecting Your Professional License

For professionals like doctors, lawyers, and financial advisors, fraud charges can threaten your professional license and career. We’ll work to protect your license and livelihood.

Why Choose Spodek Law Group for Your Fraud Defense

When you’re facing serious fraud charges in New York, you need a law firm with the experience, resources, and dedication to achieve the best possible outcome. Here’s why Spodek Law Group should be your choice:

• Extensive fraud defense experience: We’ve successfully defended countless clients against all types of fraud charges in New York. We know the prosecutors, judges, and intricacies of the local court system.
• Former prosecutors on staff: Our team includes former prosecutors who know how the other side builds fraud cases. We use this insider knowledge to your advantage.
• Aggressive, strategic defense: We leave no stone unturned in building your defense and challenging the prosecution’s case. Our goal is always to get charges dismissed or win at trial whenever possible.
• 24/7 availability: Fraud charges don’t just happen during business hours. We’re available around the clock to assist you.
• Personalized attention: You’ll work directly with our experienced attorneys, not be passed off to junior associates or paralegals. We take the time to understand your unique situation.
• Proven track record: We have a long history of achieving favorable outcomes for our fraud defense clients, from charge dismissals to acquittals at trial to favorable plea deals.

Don’t face fraud charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation on your case. We’ll review the charges against you and advise you on the best path forward. With our experienced legal team on your side, you’ll have the strongest possible defense against fraud allegations in New York.

Common Types of Fraud Charges in New York

Let’s take a closer look at some of the most common types of fraud charges we defend against in New York:

Credit Card Fraud

Credit card fraud involves using someone else’s credit card information without authorization to make purchases or obtain cash advances. This can include:

• Using a stolen credit card
• Using someone’s credit card number without permission
• Creating counterfeit credit cards
• Fraudulently applying for credit cards in someone else’s name

Penalties for credit card fraud in New York depend on the amount charged, ranging from misdemeanors for small amounts to felonies carrying up to 15 years in prison for major fraud schemes.

Insurance Fraud

Insurance fraud involves making false insurance claims to obtain payouts. Common types include:

• Staging fake car accidents
• Exaggerating injuries to increase settlements
• Falsely reporting items as stolen to collect insurance money
• Arson for insurance payouts

Insurance fraud is taken very seriously in New York. Even relatively minor cases can result in felony charges carrying years in prison.

Mortgage Fraud

Mortgage fraud typically involves providing false information on mortgage applications to obtain loans. This may include:

• Inflating income or assets
• Hiding liabilities
• Using straw buyers
• Falsifying property appraisals

Mortgage fraud charges spiked after the 2008 financial crisis. Penalties can be severe, especially for schemes involving multiple properties.

Securities Fraud

Securities fraud covers a range of deceptive practices in the stock market and other financial markets. Examples include:

• Insider trading
• Ponzi schemes
• Pump and dump schemes
• Accounting fraud

Securities fraud is often prosecuted at the federal level and can carry extremely lengthy prison sentences.

Tax Fraud

Tax fraud involves deliberately underpaying taxes or claiming improper deductions/credits. Common types include:

• Underreporting income
• Claiming false deductions
• Hiding assets in offshore accounts
• Filing false returns

The IRS aggressively pursues tax fraud cases. Penalties can include substantial fines and prison time.

Identity Theft

Identity theft involves using someone else’s personal information for financial gain. This may include:

• Opening credit cards in someone’s name
• Filing false tax returns to steal refunds
• Taking out loans using stolen identities

Identity theft is a growing problem and prosecutors take it very seriously. Penalties depend on the scope of the fraud but can be severe.

Forgery

Forgery involves creating or altering documents for fraudulent purposes. Examples include:

• Forging signatures on checks or contracts
• Creating fake IDs or passports
• Altering legal documents

Forgery charges can range from misdemeanors to felonies depending on the circumstances.

Embezzlement

Embezzlement involves misappropriating funds you were entrusted to manage. Common scenarios include:

• Employees stealing from employers
• Executives misusing company funds
• Lawyers stealing from client trust accounts

Embezzlement often involves a breach of fiduciary duty and can carry stiff penalties, especially for large sums.No matter what type of fraud charges you’re facing, the experienced defense attorneys at Spodek Law Group can help. We have extensive experience with all varieties of fraud cases in New York and will build the strongest possible defense for your situation.

Potential Defenses to Fraud Charges

When you’re charged with fraud in New York, it may seem like the evidence against you is overwhelming. However, there are often many potential defenses available that an experienced lawyer can use to fight the charges. Here are some of the most common defenses we explore in fraud cases:

Lack of Intent

Fraud charges require proving that you intentionally engaged in deception for financial gain. If we can show that any misrepresentations were honest mistakes rather than deliberate fraud, it can defeat the charges. This defense often comes into play in complex financial cases where errors can easily occur.

Mistaken Identity

In some fraud cases, especially those involving identity theft or forged documents, you may have been wrongly identified as the perpetrator. We’ll scrutinize the evidence to ensure you weren’t falsely accused.

Entrapment

If law enforcement induced you to commit fraud that you otherwise wouldn’t have engaged in, it may constitute entrapment. This can be a viable defense in undercover sting operations.

Insufficient Evidence

The prosecution must prove fraud beyond a reasonable doubt. We’ll challenge any weak evidence and work to create reasonable doubt in the minds of jurors.

Constitutional Violations

If law enforcement violated your constitutional rights during the investigation, such as conducting an illegal search, we may be able to get key evidence thrown out.

Good Faith Belief

If you genuinely believed your actions were legal and proper, it can negate the intent required for fraud charges. This often applies in complex regulatory cases.

Lack of Financial Loss

Some fraud charges require proving that victims suffered actual financial losses. If no one lost money, it may be possible to get charges reduced or dismissed.

Statute of Limitations

Many fraud charges have a statute of limitations. If too much time has passed, you can’t be prosecuted.

Coercion

If someone forced you to participate in fraud under threat, it may provide a defense.

Plea to Lesser Charges

In some cases, the best strategy is negotiating a plea to reduced charges to avoid the most serious consequences.The specific defenses available depend on the unique circumstances of your case. At Spodek Law Group, we’ll carefully analyze every aspect of the charges and evidence against you to identify the strongest defenses. Our goal is always to get charges dismissed whenever possible or win an acquittal at trial.

The Fraud Investigation and Charging Process

Understanding how fraud investigations and charges typically unfold can help you better protect your rights. Here’s an overview of the process:

Initial Investigation

Fraud investigations often begin when a victim reports suspected fraud to law enforcement or when irregular activities are flagged by financial institutions or government agencies. Investigators will gather evidence like financial records, witness statements, and electronic communications.

Grand Jury Subpoenas

In more complex fraud cases, prosecutors may convene a grand jury to issue subpoenas for additional records and witness testimony. If you receive a grand jury subpoena, it’s critical to consult a lawyer before responding.

Search Warrants

Investigators may obtain search warrants to seize potential evidence from your home, office, or electronic devices. Having a lawyer present during any searches can help protect your rights.

Arrest and Charging

Once investigators believe they have sufficient evidence, they’ll obtain an arrest warrant. You may be arrested and formally charged, or in some cases, allowed to voluntarily surrender.

Arraignment

At your arraignment, you’ll be formally informed of the charges and enter an initial plea. It’s crucial to have a lawyer represent you starting at this stage.

Pre-Trial Motions and Discovery

Your defense lawyer will file motions challenging evidence and requesting additional information from prosecutors. There will also be a discovery process where both sides exchange evidence.

Plea Bargaining

In many cases, your lawyer will negotiate with prosecutors to potentially reach a plea agreement to reduced charges.

Trial

If a plea deal isn’t reached, your case will proceed to trial where a jury will determine your guilt or innocence.

Sentencing

If convicted, you’ll proceed to sentencing where the judge will determine your punishment within the ranges set by law.At Spodek Law Group, we have extensive experience guiding clients through every stage of this process. We’ll ensure your rights are protected from the initial investigation through the final resolution of your case.

Consequences of a Fraud Conviction

The potential consequences of a fraud conviction in New York are severe and long-lasting. Here’s an overview of what you may be facing:

Criminal Penalties

• Jail/Prison Time: Even misdemeanor fraud can result in up to a year in jail. Felony fraud convictions often carry multi-year prison sentences.
• Fines: Fines for fraud can range from thousands to millions of dollars depending on the case.
• Restitution: You may be ordered to repay victims for their financial losses.
• Probation: You may face years of supervised release after serving time.

Professional Consequences

• Loss of Professional Licenses: Many fraud convictions result in suspension or revocation of professional licenses.
• Job Loss: You’ll likely lose your current job and struggle to find new employment with a fraud conviction.
• Damage to Reputation: A fraud conviction can permanently tarnish your personal and professional reputation.

Financial Consequences

• Asset Forfeiture: The government may seize assets obtained through fraud.
• Civil Lawsuits: Fraud victims may sue you to recover damages.
• Difficulty Obtaining Loans/Credit: A fraud conviction can make it nearly impossible to get loans or credit.

Immigration Consequences

• Deportation: Non-citizens convicted of fraud may face deportation.
• Inadmissibility: A fraud conviction can make you inadmissible to enter the U.S. in the future.

Other Consequences

• Loss of Voting Rights: Felony fraud convictions result in loss of voting rights.
• Difficulty Finding Housing: Many landlords won’t rent to those with fraud convictions.
• Travel Restrictions: You may be barred from entering certain countries.

The severity of these consequences underscores the importance of mounting an aggressive defense with an experienced fraud defense lawyer. At Spodek Law Group, we understand what’s at stake and will fight tirelessly to avoid or minimize these life-altering ramifications.

How Spodek Law Group Can Help You

When you’re facing fraud charges in New York, you need a law firm with the experience, resources, and dedication to achieve the best possible outcome. Here’s how Spodek Law Group can help:

Immediate Intervention

We’ll step in immediately to protect your rights, advise you on how to handle any contact with investigators, and work to prevent charges from being filed if possible.

Comprehensive Case Analysis

We’ll conduct a thorough review of all evidence, identifying weaknesses in the prosecution’s case and developing the strongest possible defense strategy.

Aggressive Negotiation

We’ll leverage our relationships and reputation to negotiate with prosecutors, aiming to get charges reduced or dismissed whenever possible.

Strategic Trial Defense

If your case goes to trial, we’ll provide aggressive courtroom representation, challenging the prosecution’s evidence and fighting for an acquittal.

Minimizing Consequences

Even in challenging cases, we’ll work to minimize the potential consequences and protect your future to the greatest extent possible.

24/7 Support

We understand that facing fraud charges is incredibly stressful. We’re available around the clock to answer your questions and address your concerns.

Protecting Your Reputation

We’ll work to minimize negative publicity and protect your personal and professional reputation throughout the process.Don’t face fraud charges alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We’ll review your case and advise you on the best path forward. With our experienced legal team on your side, you’ll have the strongest possible defense against fraud allegations in New York.Remember, the sooner you involve an experienced fraud defense lawyer, the better your chances of a favorable outcome. Don’t wait – call us now to start building your defense.