What Are The Civil Penalties For Bankruptcy Fraud?

May 14, 2012

Under the Bankruptcy Code, creditors, trustees, and other interested parties may look into a debtor’s assets, liabilities, and activities. The law provides them with many tools to obtain such information and this is how bankruptcy fraud is often detected. One discovery tool is checking the reporting documents which debtors must file.  Another tool is examining [...]

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How Should I Choose A Medicaid Or Medicare Fraud Defense Lawyer in New York?

May 6, 2012

Medicaid and Medicare are federally established programs under 42 U.S.C. § 1395. Medicare is a program that authorized federal financing of healthcare costs for the elderly. Under the Medicare program, the government reimburses the claims submitted by health care providers who are paid by private insurance companies, which are in turn reimbursed out of the Federal [...]

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Will My New York Tax Investigation Become A Criminal Case?

May 6, 2012

There are numerous federal laws and regulations that criminalize tax fraud. Particularly, 18, U.S.C. §§ 286, 287, 371, and 1341. Although there are many situations where one arguably committed tax fraud, triggering an IRS investigation, it doesn’t mean that every investigation will result in criminal prosecution. The IRS handles its investigations on two level – administrative [...]

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What is Racketeering and How is it Punished in New York?

April 25, 2012

Under New York law, racketeering is the crime of operating an illegal business scheme for profit.  New York calls any such scheme a “racket.” One of the most common examples of racketeering is known as a protection racket.  If you and your friends or family tell people that you’ll hurt them unless they regularly give [...]

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What Is Non-Profit Fraud?

April 23, 2012

Non-profit organizations, despite being creations of federal tax law, law under state enforcement for the purposes of fraud and other financial issues.  This means that nonprofits based solely in one state will be investigated by that state’s Attorney General and will be subject to its fraud and embezzlement statutes.  If the nonprofit exists in or [...]

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Can I Be Punished For Unintentional Fraud In New York?

April 23, 2012

In many fraudulent schemes, unintentional participants may discover their role either in illegal activity that has happened or about to happen.  One can avoid most legal liability if they immediately abandon the criminal scheme and report to the authorities.  Even if criminal charges are brought against you for possible involvement, you will be able to [...]

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How Has The SEC Restructured To Enforce Financial Law?

April 3, 2012

In the aftermath of the Bernie Madoff Ponzi scheme, the SEC instituted a number of reforms, restructuring and procedure to better facilitate reporting, investigations and enforcement.  The most important change to the structure is the creation of several national enforcement divisions. The purpose of these divisions is twofold; to restore public confidence in the investigating [...]

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What Consequences Can A New York Criminal Conviction Have On An Alien’s Immigration Status?

March 29, 2012

When discussing what consequences a criminal conviction can have on an alien’s immigration status, it is important to understand the meaning of the terms. The word “alien” refers to all individuals in a country that are not a citizen of the country they are currently residing in. Therefore, aliens include all legal aliens, resident aliens, [...]

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What Is The Legal Penalty For The Unauthorized Practice Of Law?

March 8, 2012

Every state has a bar association that licenses and provides certification to those that have passed the state bar exam.  Most states require membership in the state bar in order to be able to practice law and states that do not generally have another standard that lawyers must meet in order to keep their certification. [...]

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What Is Public Information In Investing?

March 8, 2012

Insider trading typically involves the willful use of non-public information for personal profit.  Those that are privy such information have an unfair advantage on investors and in using that advantage cripple the confidence of individual, private investors that almost certainly lose, to the benefit of the insider trader. Having a lawyer evaluate information and advise [...]

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