Last December, four New York City doctors were included in a group of individual and corporate defendants charged with defrauding publicly funded insurance providers like Medicare and Medicaid of millions of dollars. Their arrest drew a lot of press coverage and public ire. In recent years, federal, state, and even local authorities have directed their efforts toward detecting fraudulent billing practices in hospitals, physicians’ offices, nursing homes, and other healthcare providers. Examples of medical care fraud include: Falsifying patient records in connection with a claim for reimbursement is one of the most common acts of healthcare fraud. Billing the government or an insurance provider for services that were never rendered. Also known as “phantom billing,” this fraud is normally detected when a medical professional seeks reimbursement for a visit but there is no record of that visit in the patient’s medical file. Billing for unnecessary and expensive services. One example,…
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Last April, a British lawyer was found guilty of a massive tax fraud scheme. Michael Little, who was licensed to practice law in New York, was accused of helping the family of a U.S. investor conceal millions of dollars from the IRS by depositing it in Swiss bank accounts. He now faces up to five years in prison. Tax fraud is often dismissed as a harmless “catch me if you can” offense. Ask anyone and they will likely say that “everyone” cheats on their taxes (although they will claim to be one of the few who doesn’t.) It’s true that failing to file your yearly income tax return is only a misdemeanor, but when you repeatedly go without filing or act in ways that suggest a determination to avoid paying taxes, the IRS and federal prosecutors come down hard. What is tax evasion? Tax evasion in New York refers to…
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Did you know that in New York, if a police officer catches you flirting, you can be fined $25? If this antiquated law were enforced, then most of the city would be in danger. It’s been on the books for over 100 years and probably dates back to January 1902, when state Assemblyman Francis G. Landon of Dutchess County tried to pass a bill that punished drunken flirtation with a fine of up to $500. It never became law, but flirtation could still result in a $25 fine. Historians say that the law was intended to deter solicitation or prostitution. There are plenty of other still-valid statutes that make no sense today. Many of them date back at least 300 years and were designed to reinforce the sanctity of the Lord’s Day (Sunday). Known as “blue laws,” they outlawed travel, sports, games, and even sex between married couples, all to encourage…
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Being arrested, convicted, and imprisoned is bad enough. It’s even worse when you’re in a foreign country and have no access to friends, family, or even friendly faces who speak your language. Fortunately, you may be eligible for a transfer treaty arrangement that allows you to return to the U.S. to serve out your sentence. History of prisoner transfer treaties The U.S. entered into its first prison transfer treaty in 1977, when it permitted Mexican citizens in American prisons to be transferred home to serve out their sentences. Mexico reciprocated by sending incarcerated Americans to U.S. prisons. This inaugural arrangement was soon replicated in agreements with 12 more countries, including Canada, Hong Kong, France, and Turkey. In 1985 the Council of Europe Convention on the Transfer of Sentenced Persons took effect, and any country that signed it was automatically eligible to have its incarcerated citizens sent home from the U.S.…
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“You have the right to remain silent….” Most of us can recite the remainder of that statement by heart, even if we’ve never been arrested. It’s included in the script of every police drama and reality TV show dedicated to police procedure. What is not so well known is the story behind the so-called “Miranda” warnings. The Miranda case Ernesto Miranda was a 23-year-old Mexican who voluntarily entered a Phoenix police station in March 1963 to answer questions about a kidnapping and rape incident. The 17-year-old victim had given her brother a description of the attacker and a partial license plate number, which led to Miranda being identified and later questioned. After he willingly took part in a police lineup, the police implied that he had been positively identified. At that point, he was still a person of interest and not officially under arrest. Alarmed, Miranda confessed after a two-hour…
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We’ve all watched courtroom dramas with riveting trial scenes. The most memorable are those in which the defendant is found guilty of a crime he did not commit. We sympathize with his feelings of shock and dread as he contemplates a lengthy prison sentence. It’s a grim situation that occurs in real life. Even if the newly-convicted person has to start serving time right away, there’s still a chance to challenge this outcome. In New York, it’s called an Article 440 motion. Is it the same as an appeal? Unlike an appeal, appellate courts do not hear 440 motions. They are made before the trial court and challenge the legality of a criminal conviction based on evidence that is not on the record. There are two sections under Article 440 that allow you to submit a motion to reverse your conviction. Section 440.10 You can challenge your conviction under Section…
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Few things can destroy a person’s life more than being falsely accused of committing a crime. When the police approach and ask you questions, explaining that someone accused you of stealing money from the cash register at work, what can you do? You know you’re innocent, so should you tell your side of the story immediately? The simple answer is: Absolutely not. Here are some guidelines for conducting yourself when accused of a crime you did not commit. Don’t try to explain yourself Don’t say anything—to anyone. Never forget that anything you say can—and will—be used against you. Don’t try to explain yourself to the police. Keep in mind it’s easy to make a comment that can be misconstrued later by a skilled prosecutor. As harsh as this sounds, refrain from discussing the incident with your friends and family. They may have your best interests at heart, but your…
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Prosecutors will often present defendants and their counsel with plea bargains in criminal cases. When you accept, you’re often entering a guilty plea to lesser charges in exchange for a lighter sentence or similar incentive. Such an offer should never be discussed if your defense attorney is not present, as an opportunity that looks attractive on the surface could have unforeseen complications later on. Advantages of a plea bargain The primary benefit of a plea bargain is reduced criminal charges, which result in a lighter sentence and a record that reflects less severe offenses. For example, you may be given a chance to plead guilty to a misdemeanor instead of a felony, or to a crime of a lesser degree or class. The result is a more favorable outcome than if you were found guilty of the original charge. For example: Depending on the conditions, you may get out of…
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These days, social media documents practically everything we do, from birthday parties to vacations and weddings. Now it appears that people are using Facebook, Periscope, and other Internet platforms to live stream their crimes. In April of 2016, 18-year-old Marina Lonina and 29-year-old Raymond Gates, both residents of Ohio, were arrested after Gates raped Lonina’s underage friend while she used Periscope to live stream the assault. Lonina, who could be seen laughing in excitement over the number of “likes” she was getting, was sentenced to nine months in custody while Gates received a nine-year prison sentence. This incident, which drew public attention to social media as a crime-broadcasting platform, aroused disgust and disbelief, but there was more to come. In January, 2017 two men and two women physically and verbally abused a mentally disabled man while one of the women live streamed the attack on Facebook. That same month, three…
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In New York, graffiti is practically part of the local landscape. Everywhere you go, you see bright lettering, splashes of color, and even large murals displaying some personal, social, or political messages on the side of a building and on or around bridges and overpasses. Although graffiti makers and their supporters proclaim its artistic value, decorating someone else’s property without their permission is a Class A misdemeanor that can send the artist to jail for up to a year. New York City has various anti-graffiti task forces dedicated to stopping those who violate the state’s graffiti statute. The government offers cash rewards for information that leads to the arrest of violators and will even remove graffiti upon request. What counts as graffiti? New York law defines graffiti as marks that have been painted, drawn, etched, or otherwise placed on private or public property. For these marks to be considered graffiti,…
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DNA made its first appearance in the mid-1980s, but it wasn’t until 1987 that it became an integral part of the U.S. criminal justice system. On February 5 of that year, an Orange County, Florida jury convicted serial rapist Tommy Lee Andrews after tests matched his DNA to a semen sample taken from one of his victims. Since then, DNA evidence has come to be regarded as irrefutable: according to a 2005 Gallup poll, 85% of people saw it as “very” or “completely” reliable. That’s a lot of faith in a process that, for all its advantages, is as vulnerable to errors and mishandling as any other. Common examples of DNA evidence collected at crime scenes include: Semen Blood Skin particles Hair follicles The larger the sample, the easier it is to test for accurate results, but errors still occur. Below are three common mistakes related to DNA evidence. Timing…
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Traditionally, the only way to post bail for someone in New York City was to make the payment in person at one of the jails or courts. A fax message was then sent to the facility holding the person to indicate that their bail was posted and they were free to go. The system’s flaws became glaringly evident in mid-April when a broken fax machine forced inmates to remain behind bars, even though friends and family had posted bail. Now, bail set at $2,500 or less can be paid online with a credit or debit card. Who is eligible for online bail? Even if an arrestee’s bail does not exceed $2,500, some conditions and limitations can affect their eligibility. They include: A judge has to set credit cards as an approved form of bail payment for the person in question There can be no surety conditions that apply to the…
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Manhattan District Attorney Cyrus R. Vance has confirmed that starting August 1, his office will no longer be prosecuting marijuana smoking and possession cases. The announcement was the result of six months of policy analysis and research that included discussions with legal authorities in areas where marijuana possession and use is no longer a criminal offense. Mr. Vance also released a report summarizing its findings, which helped to shape the new policy. The DA explained that the purpose of the policy is to support a fairer justice system. At present, more black and Hispanic individuals are being charged with marijuana offenses in their respective neighborhoods than those residing in predominantly white communities. These arrests affect a person’s employability, access to education, and even immigration status, leaving a high number of New Yorkers limited in their prospects and alienated from law enforcement. Concerned by the racial disparities in enforcement, DA Vance began…
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Did you know that if you are convicted of a federal offense that you stand to lose more than your freedom? Using a process known as criminal forfeiture, the government can seize certain assets and property after and, in some instances, before your conviction. Criminal vs. civil forfeiture Criminal forfeiture is part of an overall criminal prosecution proceeding. It requires that in addition to the defendant, the government indict the property that either Was used to commit the crime, or was Derived from criminal activity, such as financial gain Upon conviction, you are required to forfeit these assets to the government. Criminal forfeiture differs from civil judicial forfeiture in that a conviction is required before the government can seize the property. For this reason, criminal forfeiture is an in personam (against the person) action as opposed to an in rem (against the property) proceeding. Its purpose is to deter and…
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We hear the term “double jeopardy” thrown around a lot in courtroom dramas and there’s even a 1999 movie of the same name. Despite—or perhaps because of—the fact that the term is so prevalent in popular culture, the true meaning is not well understood outside of the legal profession. Double jeopardy, which is referenced in the Fifth Amendment, confirms that under most circumstances, a criminal defendant who has been acquitted (or even convicted) may not be tried again for the same offense. It also prohibits the application of more than one punishment for the same offense. When does double jeopardy “attach?” For a criminal defendant to be protected by this Fifth Amendment clause, the government must place him or her “in jeopardy.” This typically takes effect the moment that the court swears in the jury or, in a trial before a judge, after the first witness is sworn in and…
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Crime TV has been entertaining us for generations. From the black and white Perry Mason courtroom dramas to the dark and gritty episodes of Law and Order, we’ve been educated on how the criminal justice system works—or have we? These shows are so engaging and well-written that it’s easy to forget that they only imitate life, they don’t reflect it. The crime, its investigation, and both the arrest and trial of the suspect are packed into a single hour, which is definitely not how the system really operates. As a result, many people charged with criminal offenses in New York State have an incorrect understanding of how crimes are investigated and can unwittingly harm their own cases. Below is a list of some of the biggest criminal justice system myths that have been inspired by TV and movies. The police can make a deal with you We see it all…
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At the end of November, the Supreme Court heard opening arguments in Carpenter v. United States, a landmark digital privacy case. At issue is whether or not the police require a warrant to track the location of a smartphone. The case involves Timothy Carpenter, who was accused of joining several friends in robbing Michigan and Ohio electronics stores between December 2010 and March 2011. Four of his co-conspirators were arrested, and one of them surrendered his phone. A judge granted an order for the FBI to obtain transactional information from the cell phone providers for multiple numbers on the phone. A warrant was not granted, as authorities did not yet have probable cause to request one. The information retrieved revealed that Carpenter’s phone pinged cell towers in the vicinity of the robberies at the times they took place. This led to him being arrested, convicted, and sentenced to 116 years…
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Have you ever logged into your parents’ Netflix account? Let your brother use your login while he was visiting? Then you may have committed a federal crime. In July 2016, the U.S. Court of Appeals ruled that it was illegal to use another person’s password to access a service without the approval of the company that delivers the service. A three-judge panel upheld the 2013 federal conviction of the defendant, David Nosal, for six counts of violating the Computer Fraud and Abuse Act of 1986 (CFAA). In 2004 Nosal resigned from his employer, a Los Angeles-based recruiting company. Soon afterward, he persuaded three former coworkers to join him in a new, competing search and recruiting business. Before resigning from the employer, they downloaded proprietary and confidential information from the company’s computers for their own use. Four years later, Nosal and the three employees were indicted for 20 violations of the…
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Arson became a big issue in New York City in the 1970’s. In fact, arson was what some would even consider a fact of life back then– in 1976, there were 13,752 reported cases of arson. Compare that to 2012 numbers like 2,000 and it is interesting to look back at how this issue evolved and what it means as a crime today. Arson is defined as the malicious or willful burning of property. This property crime can also be treated as a violent offense, and arson cannot be determined without a special investigation to determine whether the incident in question meets the standards. People who are victims of arson may not even know it since it is sometimes difficult to tell whether a fire was set on purpose or not. In the 1970s, societal issues were likely the cause of higher numbers of arson incidents. With many vacant buildings…
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Valentine’s Day is only a few days away, reminding us that we have a limited amount of time left to buy chocolates and flowers and make romantic dinner reservations. These are standard ways that we celebrate the day with our significant other. But what if that significant other doesn’t feel the same way about you? Stalking is the unwanted and often obsessive pursuit of another person. Associated behaviors include following the person, calling and texting them, sending gifts, and showing up at their home unannounced. One recent example is that of Mohammed Jaffar, who hung around singer Taylor Swift’s New York condominium and rang her doorbell incessantly. He was arrested on burglary and stalking charges and ordered to stay away from the pop star. In New York, stalking is regarded as a type of criminal harassment. You can be charged if another person claims that despite being asked to stop,…
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