New York White Collar Crime Questions & Answers
Q: Does the federal government have sole authority to investigate white collar crimes or can state governments get involved
too?
Crimes can be prosecuted on both the federal and state levels.
Q: Do I report embezzlement to police or some other agency?
If you are the victim of a crime, you can report it to the police.
Q: Are white collar crimes all federal crimes?
White collar crimes can be prosecuted in federal courts and state courts.
Tim Akpinar
Q: Do people convicted of white collar crimes (in NY) go to jail?
It wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer... Read more »
Q: If I've been accused of fraud, will "turning myself in" lessen my punishment or should I keep my mouth shut?
You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.
Q: Say I know about a merger between two firms and their stock going to rocket up. Will it be a crime if I buy their stock
If it is "inside" information, then yes.
Q: Can someone go to jail for making false statements during a federal investigation?
It is possible. 18 USC 1001 makes it a federal felony to make a false material statement to federal law enforcement during a federal investigation. Key things are that the statement was "material," and that the investigation is federal.
Q: My daughter just got approved for a mortgage, but I know for a fact she doesn't work.
I think she lied about her income - what should I do?
Hire her a good attorney for the eventual fraud charges.
Q: I got a confirmation number to pick my property up, does that mean the investigation is over?
Unless you signed a consent order then no, someone is trying to steal your property. Any sort of matters that either needs to be a trial/hearing or a formal settlement before a judgement can be issued allowing them to get something called a "property execution" for the Marshall to take your... Read more »
Q: My inlaw forged my mom's signature on some student loan paperwork - do I report this to the police?
Yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... Read more »
Q: My son lied on a mortgage form about his income and
now he and his wife are having trouble keeping up with payments - will he just lose the house, or will he also get in trouble because of the form?
If he lied about his income, he may be sued by the creditor, and he may face foreclosure. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... Read more »
Q: How do I go about reapplying to the SEC to reinstate my license?
You might have time to file an appeal of the decision, or you might have to reapply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »
Q: Can someone go to jail for trying to bribe a city official for a building permit?
Yes
Q: Is a breach of fiduciary duty by a board director considered criminal?
It depends on the circumstances. It may certainly be grounds for removal of the director and a basis for a possible lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »
Q: I am a mother of 8 NO criminal Record.Serious charges
Felony count 1 forgery Felony count 1 forgery Felony count 1 Possession stolen property Felony count 1 Possession stolen property Misdemeanor count 1 possession stolen property Misdemeanor count 1 possession stolen property. I took care of a friend of my mom who recently had moved upstate on same... Read more »
See: http://www.aeesq.com/criminal-defense-lawyer/theft-robbery-larceny/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »
Q: Can someone go to jail for using a stolen prescription pad?
Absolutely. It is a crime in every jurisdiction. It is another person's property, as well as may be viewed as an "attempt" to commit further fraud.
Q: Can victim's restitution touch your social security income and pension?
Yes it can. It will not take all of your Social Security, but they will take some. If it's a state order, then it may not.
Q: My mother was disabled with an disability, with over a hundred different kind of prescription medications.
I have been living with my mother for the past ten years, she been taking over 100 different prescription medications. A walker wheelchair and living without ADA in her building, no elevator, no ramp. My mother had to wait for me to take down her walker wheelchair, and wait for me to help her up... Read more »
You may consider contacting a medical malpractice attorney. More details are necessary to provide a professional analysis of your issue. Re: ADA violations, see: https://ag.ny.gov/civil-rights/disability-rights
The best first step is an Initial Consultation with an Attorney. You can read... Read more »
Q: I found an article about fraud in New York. http://legalbeagle.com/6613777-statute-limitations-fraud-new-york.html
Regarding statute of limitations,
>Other tolls involve the service of process, the effect of dismissal, the defendant's absence from the state and the death of a potential plaintiff or defendant.
Which article is basis of "the defendant's absence from the state"?
Is it... Read more »
I see no reason to toll a statute of limitations based on the absence of the defendant from the state where the fraud was committed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about... Read more »
Q: Will the Feds give you back your greencard after doing jail time for money laundering?
An immigrant I know got her greencard confiscated by the Feds in NYC for money laundering, drug related of course. She will do her time soon. Considering the nature of her crime in NYC can she get it back later or will she likely be deported after she does time. She had no previous criminal history.
It depends on the crime and the length of her sentence. Your friend's family should contact an immigration attorney to evaluate.
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