What Sentence Will I Face For Committing A Federal Computer Crime?

December 30, 2011

According to the provisions of the Computer Fraud and Abuse Act (CFAA), there are several criteria taken into consideration that qualify the sentence.  This includes financial losses, risk of injury, damage to computers used from justice, defense or security and threat to public health. The presence of any of these factors will increase the severity [...]

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How Are New York Health Care Providers Investigated By The Office Of Inspector General For Health Care Fraud?

December 30, 2011

Health Care Fraud is a crime in which health providers knowingly and intentionally submit false and misleading information to government programs, such as Medicare and Medicaid, for reimbursements. In New York, fraudulent providers may be charged with a misdemeanor or felony for Health Care Fraud. The Office of Inspector General (OIG) of the U.S. Department [...]

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How Will The Government Prosecute Me For Misappropriating A Trade Secret In New York?

December 29, 2011

Intent is the most important factor in a trade secret prosecution case. The federal government will need to prove two things when prosecuting any individual under the Economic Espionage Act (EEA); that the misappropriation was for the enrichment of someone other than the owner of the secret and that the defendant did so with the [...]

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What Is The Electronic Communications Privacy Act (ECPA) Of 1986?

December 29, 2011

The Electronic Communications Privacy Act (ECPA) of 1986 is a federal law that protects the transmission of electronic information.  This includes communications that are stored on computers.  There are three important Titles in this Act that deal with the transmission, storage and recording of sensitive electronic information. Title I – this section of the ECPA [...]

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What Insurance Fraud Cases Are Prosecuted In New York?

December 25, 2011

Most insurance fraud crimes in New York are prosecuted in state courts. However, there is a growing number of insurance fraud case that are being prosecuted in federal courts as well. One if the most common insurance fraud scheme involves arson, when property owners burn down their property in order to collect money from their [...]

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What Are Legal Liabilities In Corporations When Employees Violate Laws?

December 22, 2011

Employees of large corporate enterprises may violate laws constantly, some unintentionally. While a compliance program can help to reduce liabilities, the expectation is not for this program to prevent all wrongdoing.  In addition to a compliance program, a code of conduct reduces potential legal liability, by disallowing several behaviors that would violate federal statutes. This [...]

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How Will A Corporation Be Held Accountable For Wrongdoing?

December 22, 2011

In spite of compliance programs and acting in good faith with due diligence, federal authorities may still discover serious crimes within the corporation. If there is some evidence of crimes being committed by individuals within the corporation, then that organization will be placed on probation.  The terms of this probation will involve strict monitoring by [...]

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What Are The Legal implications Of Being Involved In A Pyramid Scheme In New York?

December 13, 2011

A pyramid scheme is defined by the Federal Trade Commission as “franchise fraud” and refers broadly to any organization that derives its profits solely from the sale of other franchises or distribution centers. To protect against pyramid schemes the FTC requires the potential buyer to receive a franchise disclosure document that will include records of [...]

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How Misleading Financial Analysis Can Be A Crime In New York?

December 13, 2011

Investors rely very heavily on news, tips and analysis to make important investment decisions.  Sometimes these tips are wrong and the investor will take a loss.  But is it a criminal offense to misrepresent the reality or prospects of an investment for personal gain?  The simple answer is yes. Not only such conduct may be [...]

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What Is Mail Fraud In Business Crimes?

December 12, 2011

According to 18 U.S.C. ß 1341, a person is liable for Mail Fraud when he or she uses the U.S. Postal Service (USPS) or any other authorized mail carrier as a tool to carry out fraudulent activities.  The violator will scheme for the sole purpose to defraud and to deceive for his or her personal [...]

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