Identity theft is a crime of stealing or illegal using of someone else’s personal identifying information for any reason at all. Personal information such as social security numbers, bank account numbers and pins, driver’s license information,  etc. is an extremely valuable resource which is targeted by various schemes.

Simple examples of identity theft would be forging someone else’s signature on a check or some other document, or using someone else’s credit card without permission. These are the bulk of all ID theft crimes prosecuted in New York. However, much more complex and elaborate schemes are emerging and actively prosecuted.These are ATM skimming and massive identity theft rings that involve many participants acting in many capacities and millions of dollars in stolen funds.

New York City ATM skimming cases involve defendants charged with using sophisticated  gadgets to steal ATM information from ATM cards as they are being used at bank ATMs. The information is then transferred to fake bank cards, which are used to withdraw the money from the accounts.

If you have been charged with identity theft in New York, you can be facing anything from probation and fine to years in prison to deportation. Call our New York City Identity Theft Lawyers and ATM Skimming defense lawyers at 212.577.6677 to discuss your case with an experienced NYC criminal attorney.

Unemployment benefits fraud is a type of insurance fraud which the offender commits a fraudulent act by knowingly and intentionally presents, or prepares with knowledge an application with materially false information or withhold information to/from New York State Department of Labor in order to receive unemployment benefits.

Recent legislation and general policy of unemployment benefits fraud crackdown changes released New York State prosecutors and investigators after un-expecting and expecting unemployment insurance recipients. Unemployment benefits investigation and prosecutions statewide have steadfastly increased as the result.

In most cases, the individual accused of unemployment fraud in New York are not even aware what it is they’ve done wrong. For example, the beneficiary can simply make a human error and forget to cancel his/her unemployment benefits when he/she received a job offer overseas.

According to the New York Penal Law Sec 176.10, a person is guilty of insurance fraud in the fifth degree when he commits a fraudulent insurance act; as a result the person may be charged with a class A misdemeanor by up to 1 year of incarceration. However, if the misappropriated benefits were to exceed the value of one thousand dollars, the alleged beneficiary may be criminal liable to a felony charge.

A person who commits an unemployment benefits fraud, and has been previously convicted within the preceding five years of any insurance fraud crime is charged of aggravated insurance fraud in the fourth degree is a class D felony.

In many cases, clients first learn that they are the targets of an unemployment benefits fraud investigation when they received a letter from the New York State Department of Labor regarding excess benefits. In such cases, one should seek legal advice before speaking to them.

If you are recently being investigated or charged for unemployment insurance fraud in New York, then call our office at (212) 577-6677 to get professional legal assistance.

Identity Theft and the Unlawful Possession of Personal Identification Information  are serious offenses in New York, that could be punishable as an A Misdemeanor by up to 1 year of incarceration to a D felony by up to 7 years of incarceration.

Both offenses are consequently similar, which allows many New York prosecutors to elevate charges that would often seem like a sole infraction within itself. Offenses such as possessing another person’s New State identification card and using it to purchase alcohol, tobacco and other goods may constitute as both Identity Theft and Unlawful Possession of Personal Identification Information.

The New York Penal Law Section 190.78 to 190.80 states that a person is guilty of identity theft when he knowingly and intentionally assumes the identity of another person by presenting himself as that other person or by using personal information of that other person to defraud. The charge is supposed to be proportionate to the aggregate amount of financial loss to the alleged victim(s); a higher aggregate amount may result in a higher criminal charge.

According to the New York Penal Law Section 190.81 to 190.83, Unlawful Possession of Personal Identification Information occurs when a person possesses another person’s financial services account number or code, personal identification number, electronic signature or any other personal identification information, and intentionally uses the information to further commit a crime.

But by contrast to Identity Theft, the charges for Unlawful Possession of Personal Identification Information are elevated by the number of items of alleged misappropriated personal identification information and prior criminal record, more specifically, a conviction of grand larceny, identity theft, and unlawful possession of personal identification within the last five years.

If you are recently being investigated or charged for Identity Theft or Unlawful Possession of Personal Identification Information in New York, then call our office at (212) 577-6677 to get professional legal assistance.

Neferititi Garnett and codefendant Zoe Walmsley were charged in 106 and 80 count indictments respectively in New York State Supreme Court alleging them of defrauding Chase Bank more than $100,000 by impersonating victims using stolen personal information.

Between October 6, 2009 and March 30, 2010, Garnett has allegedly impersonated at least 7 individuals after obtaining their personal identifying information to conduct multiple bank transaction in their Chase bank accounts.

Between February 24, 2009 and March 8, 2010, Walmsley also allegedly impersonated the same victim Garnett has and conducted multiple transactions using his Chase account.

If convicted, Garnet and Walmsley faces a maximum penalty of more than 50 years in prison.

Egor Shevelev, a Ukrainian citizen was arrested in Greece and extradited to New York State for multiple counts of fraud and cybercrime. Shevelev allegedly played a role in a global identity theft scheme and global trafficking of stolen credit card account numbers.

Between 2001 and 2007, Shevelev and co-conspirators Viatcheslav Vasilyev, Vladimir Kramarenko, Dzmitry Burak and Oleg Kovelin ran a global Internet-based criminal enterprise called “Western Express Cybercrime Group”. Cybercrime Group was mainly trafficking stolen credit card numbers and personal account numbers. Shevelev alone possessed 75,000 stolen credit card accounts and over $2,500,000 of fraudulent proceeds.

Shevelev’s roles were to purportedly vendor the stolen identities and manage the money received through Egold digital currency.

If convicted, Shevelev faces a maximum penalty of more than 50 years in prison.

Adeniyi Adeyemi, computer technician and former contractor for Bank of New York (BNY Mellon), pleaded guilty to Grand Larceny in the First Degree, Money Laundering in the First Degree, and Computer Tampering in the First Degree, for scheming and stealing a list of personal information from 2,000 BNY employees and $1.1 million from charities and nonprofit organizations.

Within an eight-year period, Adeyemi stole and used 2,000 of his former co-workers’ personal information to create multiple dummy brokerage and bank accounts in efforts to wire and receive funds from charities’ bank accounts.

Most of the charities that were victimized had their banking information publicized over the Internet in order to facilitate donations. With his expertise background in computers, Adeyemi can easily transfer money from bank accounts using a back-end system called the Automated Clearing House network with the publicized information to move tens of thousands of dollars from the charities’ accounts to his dummy accounts.

To avoid suspicion, Adeyemi had allegedly structured all of his wire transfers to be just under $10,000.

If convicted, Adeyemi faces a maximum penalty of 65 years in prison.

Hector Collet, a self proclaimed New York City Department of Health and Mental Hygiene contractor, was charged with multiple counts of Criminal Possession of a Forged Instrument, Identity Theft, Criminal Impersonation and Petit Larceny, for posing as a City contractor and tricking small businesses into paying him “pre-inspection” fees.

Between July and August 2009, Collet had allegedly received a stolen id card from an AHRC of New York City agent, and fabricated letters indicating AHRC’s subcontract with the New York City Department of Health and Mental Hygiene.   Collet supposedly misrepresented himself as a contractor for the City to three local businesses in New York City to conduct “pre-inspections” and charged pre-inspection fees of $60-$75.

If convicted, Collet faces more than 11 years of imprisonment.

A few weeks after pleading guilty to Grand Larceny and Identity Theft, Steven Mandala, a former stockbroker with Maxim Group in New York City, faces a sentence of 2 to 6 years in prison, a forfeiture of a $245,580 Ferrari, and a restitution of $360,000, for using a fake identity to secure a high position within Merrill Lynch, $300 million of clients’ assets and $780,000 of compensation for his fraudulent services.

Mandala’s plan began in April 2009, when he falsely told Merrill Lynch about his partnering position in Maxim Group while applying for a position with them. Mandala supported his fraudulent claim with Merrill Lynch by submitting to them fake pay stubs, tax returns and W-2s. After Mandala’s hire, Merrill Lynch gave Mandala a $780,000 promissory note for compensation and over $300 millions of clients’ assets to manage.

However after two months of his employment, Mandala quit his job with Merrill Lynch and fled with $780,000.

Helmer Toro, the owner of H&H Bagels in New York City, pleads guilty to grand larceny, offering a false instrument for filing, and for violating Labor Law for unemployment insurance tax manipulation. Toro admitted to failing to pay for more than $369,000 in taxes that were withheld from his employees’ payroll.

Investigation revealed that Toro filed New York City and New York State withholding tax returns under 6 shell companies to obtain a lower unemployment insurance tax rate. Toro admitted to lower his unemployment insurance tax rate by transferring his employees from one shell company to the next.

If convicted, Toro faces a penalty of 50 weekends in prison and a fine of $500,000.

Ralph Recorale, a New York licensed attorney, Thomas Debonis Leonard, Sudler, Richard Sudler, Marco Ramos, mortgage brokers,  and Sophia Welsh and Yves Mathieu, recruited straw buyers, were charged for operating a $2 million mortgage fraud and identity theft ring.

Mortgage Fraud Plan

In 2005, the defendants purchased a vacant building in Brooklyn, New York through a straw buyer using purported information. However in 2006, the defendants sold the building to a different straw buyer for the full sale price.

By 2007, the defendants stopped paying for the mortgages and arranged for the building to be foreclosed. On February 2008, the defendants yet again sold the property to another straw buyer who obtained a $675,000 mortgage using a stolen identity.

In 2009, the defendants were negotiating with the banks to scheme another fraudulent sale until the identity theft victim contacted the Brooklyn District Attorney’s Action Center, to notify them of their situation.

The seven defendants now face a maximum penalty of 15 years of imprisonment if convicted of charges of Grand Larceny in the Second Degree and Conspiracy in the Fourth Degree.