What is commonly known as Scheme to Defraud falls under Penal Law §190.65. It concerns itself with the scheming to defraud ten or more persons. Some of the elements of Scheme to Defraud are: the intent to defraud ten persons, receipt of property from at least one person or a continued attempt to defraud one or more persons using deception or false promises. Scheme to Defraud in the first degree is a class E felony. It can also be listed as a misdemeanor crime of §190.60 Second Degree Scheme to Defraud. Prosecutors must prove the identity of at least one person who is a victim of your alleged criminal actions.
Due to the lengthy nature of the investigations that can lead to an indictment it is important to seek legal advice from experienced counsel as soon as you become aware that you could potentially be subject of the investigation and/or are under threat of indictment. Contact our experienced NY criminal defense attorneys today at 212-736-3900.
Scheme to Defraud schemes range from acts committed by individuals in the course of conduct with intent to defraud ten or more persons or to obtain property from ten or more persons by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons or engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person, more than one of whom is a vulnerable elderly.
Many crimes can be related to Scheme to Defraud to include, but are not limited to: Grand Larceny, Criminal Possession of Stolen Property, Criminal Possession of a Forged Instrument, Forgery and Falsifying Business Records.
What is commonly known as Scheme to Defraud falls under Penal Law § 190.65(2). It states that a person is guilty of a scheme to defraud in the first degree when that person engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud ten or more persons or to obtain property from ten or more persons by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons. It is necessary to prove the identity of at least one person from whom the defendant so obtained property, but it is not necessary to prove the identity of any other intended victim.
The length of imprisonment and/or fines may vary depending on the nature and circumstances of the offense, whether the offender was a second or persistent felony offender, and the offender’s criminal history. Class E felonies can result in imprisonment up to four years and/or a fixed fine not more than $5,000 or double the defendant’s gain from committing the offense. An offender may also face from 3 to 5 years on probation.
The government must prove that the defendant had the specific intent to defraud. Defenses against Scheme to Defraud include lack of intent to defraud or getting caught up in a crime scheme or organization and not be aware you can be prosecuted for committing a white collar crime.
The Federal RICO statute states that “pattern of racketeering activity” requires at least two acts of racketeering activity committed within ten years of each other. This is not required under New York law for a charge of Scheme to Defraud. Under New York statutes, the charge of Scheme to Defraud only requires that the intent to defraud be shown and not the actual act of fraud. Many white collar crimes are both federal and state offenses, and can be prosecuted by either or both New York and the federal government. Federal offenses will be prosecuted in New York’s federal district courts.
High profile cases of Scheme to Defraud include the indictment of Davis, DiCarmine and Sanders of the law office of Dewey & LeBoeuf. Typical of Scheme to Defraud cases, other charges in this case included Grand Larceny and Securities Fraud. At its height, approximately 1,300 partners and employees worked in Dewey’s Manhattan office, and nearly 3,000 partners and employees worked for the firm worldwide. In May 2012, Dewey collapsed, resulting in the largest law firm bankruptcy in history. The indictment alleges that the defendants defrauded and stole from the firm’s lenders, investors, and others. Davis, DiCarmine and Sanders are also alleged to have stolen nearly $200 million from 13 insurance companies and 2 financial institutions.
If you are facing scheme to defraud, a government investigation or some other enterprise corruption violation, you need a white collar attorney who can get you the best results. The Blanch Law Firm has been fighting for our clients’ freedom for years. Contact our expert criminal defense attorney team today by calling 212-736-3900.