Investigating a New York Fraud Charge

The investigation of New York fraud charges is often more extensive than for other crimes. Some investigations are straightforward, while others can be quite complicated.

In fraud crimes, the monetary amount of the fraud or what is secured in the fraud is most important when investigating a New York fraud charge.

If you have been charged with fraud and are seeking legal representation, it is important to contact a New York fraud lawyer as soon as possible. An experienced attorney can investigate the charge, build a strong defense, and help to combat any penalties you may be facing.

Categories of Fraud

The monetary amount of the fraud is among the most important elements that can increase felony exposure.

Like grand larceny, if a fraud of over $1,000 is committed, the charge is classified as an E felony. If the crime is valued at over $3,000, it is a D felony. If a crime of fraud of over $50,000 is committed, it is a C felony. Over $1,000,000, the crime is a Class B felony.

These are crimes that are punishable respectively with between one and a third to four years in prison on an E charge, two and a third to seven years on a D, five to 15 on a C, and then up to 25 years on a B.

Difficulties of the Investigation

Paper cases can sometimes be a lot more difficult to challenge from a defense perspective. If a search warrant is executed and there is proof and evidence on the person’s computer showing that they manipulated data to get money, they may be further investigated and charged with fraud in New York.

While investigating the New York fraud charge, law enforcement will determine if the individual in question is the only one with access to their account. Frauds are often investigated with some degree of proactive work, whereas many other crimes are reactionary and the police or prosecutors are not in the position to build out the case over time.

If a person is spending money they do not have, in possession of a fake ID, or owns a fake passport, law enforcement will further investigate their financial situation to determine if there are any instances of fraud.

Common Mistakes

No one should ever speak to the police without counsel during a New York fraud investigation. If the police come to the person’s door and execute a search warrant, or make an arrest, the person should never admit to anything. Such information will be used against them.

The person would want to speak with an attorney in this case. If that attorney believes that the person should be contrite and that the person should assist law enforcement, then that may be part of their defense.

By speaking to law enforcement, the person is ultimately jeopardizing themselves if they do so without an attorney. Even if a person is confronted by an employer and apologizes, this too can be an admission later used against them in a criminal prosecution.

If an individual is facing an investigation for a New York fraud charge, it is important that they consult with a lawyer at the earliest possible moment.