New York Criminal Lawyer Blog

In July 2010, the Securities and Exchange Commission (SEC) launched a new program for government and corporate sector employees that allowed them to safely provide information about possible fraud and other illegal activities they have witnessed or heard about. This program is part of the financial reform bill passed last year. So far, the new program has received only 168 complaints and tips. This number represents complaints and tips through February 2011, reports a New York Criminal Lawyer. But this number much lower than expected considering other whistleblower groups such as the National Whistleblowers Center and the whistleblower program run by the Department of Justice which receive hundreds of tips and complaints each year.

The National Whistleblowers Center provides informants with legal representation while the Department of Justice offers financial compensation to those that come forward. The SEC also offers financial compensation to those who choose to provide investigators with tips and other information. Informants may earn up to 30% of all monies collected in penalties or lawsuits that total more than 1 million dollars.

Specific rules governing how government and corporate sector employees file a complaint with the SEC may explain why many are hesitant to do so. Many government agencies and companies require employees to first file a complaint or provide tips through internal whistleblower programs first before filing their complaint with the SEC, says a Brooklyn Criminal Lawyer. Employees may be hesitant to file complaints with the SEC if they have to go through several agencies to do so. Filing multiple complaints may jeopardize their careers or create unwanted tension in the workplace.

The SEC will release its final rules governing the whistleblower program in April. It is expected that these rules will be met with some opposition as the SEC strives to relax the rules concerning the procedures for filing complaints or providing tips.

In addition to the SEC whistleblower program, the Department of Justice whistleblower program and the National Whistleblowers Center, other programs aimed at providing a safe place for informants to report possible fraud and other illegal activities are being formed by lawyers and others. Some offer financial compensation while others offer legal representation. Increasing the number of tips and complaints is the goal of the SEC whistleblower program as government funding is needed to keep the program running.

If you have been charged with fraud or white collar crime, speak with Stephen Bilkis and Associates for guidance and a free consultation. We have offices located throughout New York including locations in Manhattan, the Bronx, Brooklyn, Queens, and State Island. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

A former CEO of a major financial firm was recently charged with several counts of white collar crimes that included wire fraud, securities fraud and money laundering.

As of February 28, the former Chief Executive Officer of a notable firm situated in Austin, TX was scheduled to be arraigned in a federal district court to hear his multiple charges. A New York Criminal Layer notes that the man is alleged to have fraudulently raised $50 million from investors in a malicious and manipulative scheme that involved money laundering, wire fraud and securities fraud. The allegations go into greater detail by describing the fact that the defendant manipulated contacts from church as well as former NFL football stars to cultivate this scheme, which had the personal enrichment of the defendant as its primary motivating factor.

The Austin-based firm, which specializes in investments, was placed in receivership in 2009 by the judge presiding over the case in its initial development. This event was a result of the sobering fact that the U.S. Securities and Exchange Commission (SEC) took action against the firm by way of a securities lawsuit. Though the defendant and former CEO of the firm is facing a major indictment of 39 counts, A Brooklyn Criminal Lawyer explained that is has not yet been revealed what the outcome of the indictment was. What is known is that, according to authorities, the man did not act merely on his own behalf. It appears that his investment manipulation also benefitted the Chief Financial Officer of the Austin-based firm, who is not named.

These charges against the former CEO are quite serious and have no doubt devastated the lives of many investors. The significant amount of $50 million that was fraudulently raised from the deceived investors was described by an observer as “…an expanding Ponzi scheme”, implying that the defendant had no intention of backing down from the aggressive deception. What is disturbing is that the demographics of those cheated in this fraudulent scam consisted of former NFL stars and “church contacts”--- people who are generally known for non-profit volunteering and service to the community in tangible ways.

This multiple-count indictment involving extremely serious financial charges will result in major severance being charged to those involved. If you or a loved one finds yourself in in legal trouble, whether it involves sex crimes, a theft charge, or drug possession, it is important to ensure that your rights are protected and that you seek legal guidance as soon as possible.

Continue reading "Former CEO of a Texas-based investment firm indicted on multiple counts of fraud" »

Over the past several years, DNA science has made extraordinary progress and its implementation in many criminal cases has both convicted the guilty and exonerated the innocent. A New York Criminal Lawyer has learned that one federal crime lab is struggling to keep its reputation afloat following reports that one of its more senior and experienced forensics examiners not only blotched, DNA tests, but also falsified records.

A worker at the U.S. Army Criminal Investigation Laboratory, near Atlanta, is being investigated for alleged mistakes that may have allowed the guilty to go free and may have contributed to many to be wrongfully convicted of crimes they did not commit, sources tell.

Unfortunately, the problem appears to go much deeper than just one worker that was making mistakes and then attempting to cover them up. Sources alleged to a New York City Criminal Lawyer that the forensic examiner’s supervisors were not only slow to recognize his mistakes, but also wanted to keep any investigation of these mistakes in-house so that the facility would not lose its accreditation.

Although there have been many instances where DNA results have been retested by a different examiner, this is not one of those instances. Although there have been many problems with having retesting completed on work this individual had done, the U.S. military does not keep DNA evidence in storage beyond a set time-period. After that time has passed, the DNA is destroyed. This military policy has preempted any testing on the results that would have been possible in a similar situation at a civilian lab.

While the investigation is ongoing, there have been many questions arise in both military prosecution and especially in defense circles as to the validity of some cases of which an individual was convicted due to what may be a faulty DNA analysis. Many military attorneys had not even heard of the issue at the military DNA lab before the story broke. At least one person who was convicted by means of a faulty DNA test did not learn of this issue from the military. Rather he learned of it from another inmate. Many lawsuits have already been filed and more are expected to be filed in the near future.

The offenses discussed here come under the heading of a white collar crime. These types of crimes generally include criminal acts that are committed by someone of higher social status and respectability, and often involve fraudulent activity.

Whether you have been charged with sex crimes, or a DWI offense, or theft charge, it is important to speak to legal counsel without delay. Whether you are guilty or not, a criminal charge can have lasting impact on your life. If convicted, penalties can include jail time, fines, community service and probation.

Continue reading "Army Crime-Lab Worker Blotched Tests Leaving Many DNA Cases in Doubt " »

It’s always fun until somebody gets busted for alleged insurance fraud. A crew of friends staged a car accident during the summer in NYC, and then attempted to collect on insurance payments. Authorities said some Bronx residents were responsible in a report picked up by a New York Criminal Lawyer. Officials got to the bottom of the caper by viewing surveillance video recorded above the crash site.

Investigators noticed the slow motion appearances the crash had. It didn’t add up for them so they became suspicious and probed further in their investigation. There was even an attempt by one of the drivers involved where they repeated a move to make it look more convincing. All of this was in the recording.

Police told a Bronx Criminal Lawyer that the participants made their cars collide at the scene. Moments later, they reappeared at the same location, following a brief spin around the block. Once they had returned the drivers pretended to back into each other, which caused further damages. The drivers called 911 and filled out false police reports. They even alleged injuries and sought medical treatment at a local Bronx medical facility. The medical facility billed over $30,000 in medical costs in less than a half days’ time.

Damages to vehicles were light and didn’t approach the level of “totaled” one might suspect from so many cars being involved in close quarters. Police became suspicious that all of the vehicle occupants, passengers and drivers, all knew one another. The suspects were all in their 20s to mid-thirties and primarily males. Reviewing the surveillance tapes led the investigators to checking further into the situation.

No information was available at the time the report was being made regarding the formal charges being brought against the suspects. It was not clear whether the suspects were being held pending bail. No information was made available by investigators about the backgrounds of the suspects. It is uncertain whether all passengers were aware of the intentions for staging the accident or were unsuspecting of the plot.

Insurance fraud is a crime that comes under the classification of a white collar crime. This offense can involve bribery, bank fraud, mail fraud and identity theft. If you have been charged with a white collar crime, it is important to seek legal assistance right away. The penalties you could be facing are serious.

Continue reading "Car Accident Insurance Frauds Busted" »

Barry Bonds is famed for being the greatest hitter of home runs in baseball history – now he’ll be known for his criminal conviction for obstructing justice, as well.

The jury on the Bonds case was unable to come to a decision regarding whether or not Bonds lied about the use of steroids. Only the obstruction of justice charge stuck, though it is a felony charge, a New York Criminal Lawyer points out. The prosecution wanted all the charges to stick, but Bonds didn’t get what he wanted either – as a convicted felon, he cannot own a firearm, vote, or serve on a jury.

In 2003, Bonds said under oath before a grand jury that he never took performance-enhancing drugs, to his knowledge. What matters most to baseball fans is that he did take them, which makes his otherwise impressive baseball record dubious, at the very least.

The fact that he took steroids, willingly or not, may never be a matter for the law – only the fact that he wasn’t as cooperative as he might have been in the investigation. Even that, Bonds’ lawyer will fight to the very end, emboldened by the fact that their client has been found not guilty on all other charges. A federal judge may very well decide if the appeal will go forward, possibly as soon as May.

The Giants told a NY Criminal Lawyer, “This case is ongoing and we expect it will proceed in a fair and orderly manner. Accordingly, we have no comment at this time.” For many people, the conviction has little bearing on what made Barry Bonds famous in the first place – his ability to hit home runs. No matter what happens to him legally, that legacy will remain.

The 46-year-old Bonds is very unlikely to return to baseball, but there are signs that his record will be broken, possibly soon. Alex Rodriguez is well on his way – though he has already admitted to using the same drugs that likely got Bonds into so much trouble.

A white collar crime, such as obstruction of justice, can bring serious penalities. It is important to ensure that the individual's rights are protected throughout the legal process.

Continue reading "Barry Bonds Has Murky Legacy in San Francisco" »

http://criminaldefense.1800nynylaw.com/On Wednesday, the former chief executive officer (CEO) of Qwest Communications, filed a lawsuit that alleges the lawyers who represented him during his insider-trading case overbilled him, a newspaper has learned. The legal malpractice lawsuit was filed in state Superior Court in Newark, NJ, seeks punitive and compensatory damages totaling $25 million plus attorney’s fees.

The former CEO is currently located at a federal prison in Pennsylvania, serving a 70-month sentence for using insider information as a basis for selling $52 million in stock in his former employer, the source was told. An appeals court also ordered him to pay a $19 million fine and to forfeit close to $45 million. His conviction was in 2007.

The former CEO’s current attorney has also informed the source that thanks to the law firm named in the suits failure to follow even the most “basic litigation procedures,” his client received not only strict fines, but also a lengthier prison sentence than what was necessary. The attorney also stated that due to these failures, the trial judge barred the defense’s sole expert witness. He also added that the case is sad, since his client not only received inadequate representation during his trial, but he was also overbilled in the process.

The lawsuit also includes allegations against the law firm for paying itself unreasonable and excessive fees from monies that it held in trust. It further claims that during the trial the law firm charged for in-room movies, meals, and underwear for the attorneys to the tune of several tens of thousands of dollars.

An appeal to reduce the amount of the fines that were imposed was dropped as part of a settlement between the former CEO and the SEC last month that included the SEC dropping a civil complaint against him. The SEC still has a pending complaint against former executives and employees of Qwest Communications, for what they say are there roles in the reporting of the company’s financial performance between 1999 and 2002.

Although legal malpractice lawsuits in Brooklyn and Staten Island may seem like an insurmountable process, lawyers are supposed to maintain high ethics and integrity.

If you have been charged with a white collar crime contact one of the New York Criminal Lawyers at Stephen Bilkis and Assoicates for a free consultation

Continue reading "Ex-Qwest CEO Says That He Will Not Pay for His Lawyer’s Underwear " »

A former manager of a major U.S. software company was recently indicted on charges of wire fraud, suspicion and money laundering, following an investigation which revealed a multi-million dollar international scam.

During the course of his five-year employment with the software company, the defendant appears to have taken kickbacks from foreign suppliers in exchange for insider information and future plans of the company. The co-conspirators included several suppliers from Singapore and China, as well as other partners in Asia. A the defendant is responsible for approximately $2.25 million in lost revenue for the company which he represented. This amount reflects both personal gains that the defendant gleaned from the shady Asian foreign suppliers, as well as damages to the software company he once served as manager. Potentially he can be charged with Grand Larceny wither in State or Federal Court

A New York Criminal Lawyer observes that the defendant, a native of Sunnyvale, CA, was indicted on August 11, 2010. He subsequently entered into a plea deal, the details of which are summed up in an official statement by a representative of the U.S. Department of Justice: "…(the defendant) admitted to engaging in a scheme to defraud (the company) of its money or property and its right to his honest services while he was employed with the company from 2005 through 2010.” Federal agents scoured the defendant’s home following his detailed conviction, where they found approximately $150,000 cash hidden in shoe boxes. This cash was most like part of the kickbacks he received from the Asian-based suppliers, which constituted a certain percentage of the commerce between the plaintiff company and its foreign suppliers.

In return for these cash-percentage kickbacks, the former software company manager provided the overseas suppliers with important confidential files including price targets, specifications for distinct products, and roadmaps. Mentioned topically above, the foreign suppliers themselves were also charged in this case of fraud and theft. Specific individuals from these Asian suppliers were also indicted alongside the defendant, including a man from Singapore and a woman from China. Truly an international investigation, this example of corporate theft will have severe repercussions for all involved.

Continue reading "An international case of fraud involving a major software firm leads to high-stakes charges" »

A former director of financial firm Goldman Sachs has been accused of providing illegal business tips to the head of the Galleon Group, another financial firm. The Securities and Exchange Commission (SEC) alleges that Rajat K. Gupta provided information about Warren Buffet's intentions to invest in Goldman Sachs to Raj Rajaratnam hours before the investment was complete. This tip allowed the Galleon Group to earn $900,000 in profits after the company purchased 175,000 Goldman Sachs shares. Providing tips like this to other business people is illegal and unethical, and is charectarized as White Collar Crime.
According to the SEC, this is not the first time Gupta has provided Rajaratnam with trading tips. Gupta, who also sits on the board of Proctor and Gamble (P&G) alerted Rajaratnam of the company's quarterly earnings early which prompted the Galleon Group to purchase shares right before quarterly earnings announcements. The Galleon Group earned more than $13.6 million in profits.
Gupta and Rajaratnam met about ten years ago during their work with the Indian School of Business. Since then, the two men have shared thousands of phone calls, lunches and formed business alliances such as the New Silk Route, a financial firm specializing in investment opportunities in India. Even though Rajaratnam's role in New Silk Route is unclear, as he never took an active role in the firm, the two men are linked to the company, states a New York Criminal Lawyer. Gupta's lawyer insists that the two men are friends and business colleagues and that Gupta has 40 years of experience in business and has never been accused of any illegal activities during this time.
Rajaratnam is currently on trial for insider trading. For his part, Gupta is being closely investigated by the SEC. Charges may be pending including Grand Larceny and Securities Fraud. In addition to being the former director of Goldman Sachs, Gupta is also a senior advisory at the Bill and Melinda Gates Foundation and sits on the board of AMR, the company that owns American Airlines. Gupta stepped down from his position on the Proctor and Gamble board to spare the company any embarrassment or loss of profits.
In addition to having a clean business record, Gupta's lawyer also states that Gupta lost about 10 million dollars after one of Rajaratnam's investment funds collapsed during the recession. He lawyer states that this further proves the Gupta is not guilty of any wrongdoing as he lost a substantial amount of money.

Continue reading "SEC Accuses Former Goldman Sachs Director of Participating in Insider Trading" »

That is what the acting Register of Copyrights, Maria Pallante, seems to think, a Manhattan Criminal Attorney has learned. Pallante recently addressed a Congressional hearing that seems to be preparing for another onslaught of the Combating Online Infringement and Counterfeits Act (COICA), which many people refer to as the censorship bill.
One of the major points that Pallante was attempting to get across has already been tried before and it has also failed before; sources told a NY City Criminal Lawyer after the hearing. Pallante and others before her have wanted to starve the revenue of foreign websites that link to copyright infringing content by cutting off their money supply. In her opinion, and also that of many entertainment industry executives, credit card companies should not be permitted to process payments for the infringing sites, and advertisers should not be allowed to run ads on those sites either. Oddly, an extensive report from the Social Science Research Council (SSRC) had been released a few days before Pallante’s testimony that stated the exact opposite of her claims.
There are many people who follow this closely, that actually think that the issue of piracy is somewhat of a distraction, and the real nature of the problem is with the entertainment industry failing to keep up with technology and the current trends of what consumers are asking for, a New York Criminal Attorney was told. It would also seem that with each so-called copyright infringing site that is taken offline, it is replaced with at least one and possibly more. At some point, someone must ask the question as to whether all that is being done is to create more laws and regulations, which leads to more enforcement and more proposed censorship. Whatever happened to the market sets the prices and determines what, if any, products are worthy to remain on the market? In Long Island and Westchester County, these might be considered to be White Collar Crimes.
While both the Paramount COO and a speaker for the Information Technology and Innovation Foundation (ITIF) were busy touting the ease of censorship, others are asking why should Internet Service Providers (ISP)’s and search engines (Google, Yahoo, Bing, etc.) be forced to filter elements that it is obvious that a free market is seeking. The competitive edge must be reestablished and reinforced for a free market place to thrive.

Continue reading "Can Starving Copyright Infringement Sites Work?" »

Although he's been charged with taking bribes for falsely saying that cranes had been inspected and that operators of the cranes were certified, James Delayo who is a senior inspector with the Dept. of Buildings has not been connected to the recent accidents in NYC. The collapses killed nine in Manhattan and set off a wave of investigations into the situation which has been perceived to be corrupt.

Commissioner Rose Gill Hearn said that Delayo took thousands in bribes from a number of crane companies.

If you or a loved one has trouble with the law and is facing criminal charges, get a NY Criminal Lawyer to defend you. That move can help you to avoid jail time.

Delayo was charged with a number of crimes which include bribe receiving and tampering with public records. He was released on bail after his lawyer, Lawrence Linzer, entered no plea. He had no comment about the case.

Continue reading "Crane Inspector Accused of Corruption-A Queens Criminal Lawyer Can Help You" »

A group of identity theft thieves have been caught by the NYPD. Police report that the thieves were hiring pickpockets to steal people’s wallets. They also had employees at a collection agency find the social security numbers of the people they just pickpocketed. Once they had that information they found other thieves to dress as the victims and withdraw money from their bank accounts. The thieves wore wigs, make up, glasses and in some cases costumes to try to look like heir victims. They were finally apprehended after a Chase employee noticed the same man kept appearing on security tapes. In some cases he was dressed as a doctor and other times he was dressed as a construction worker. The man on the videos was later identified as Arthur Franklin. Others that have been put under arrest include for their involvement are Yvonne Harris and Carol DiBitetto. They are facing numerous white collar charges including scheme to defraud, conspiracy, identity theft and possession of a forged instrument. They will be arraigned at New York Criminal Court; located at 100 Centre St. NY, NY 10013. The NYPD is currently looking for others who were involved in the scheme.
If you or a family member has been put under arrest for a white collar crime, you will need an aggressive New York Criminal Lawyer to help you defend yourself against the Office of the District Attorney. Stephen Bilkis & Associates has experienced New York Criminal Lawyers that can help you with all types of cases including forgery, larceny and fraud. We have offices located in New York City, Queens, Brooklyn, Bronx, Suffolk and Nassau Counties. Our New York White Collar Crime Defense Lawyers offer a free consultation at 1-800-NYNY-LAW (1-800-696-9529). Call us to take advantage of this free opportunity and speak to a New York White Collar Crime Lawyer from our firm.

Continue reading "New York Criminal Lawyer tells of several put under arrest for identity theft and other crimes." »

Phillip Bennett, head of Refco Inc. got sixteen years for fraud. The sentence was read in Federal Court by Judge Naomi Reice Buchwald and based on losses he had caused.
She pointed to the greed and arrogance which defines Bennett and those like him who stop at nothing to attain wealth and power.

The prosecution wanted between 16.5 and 22 years in prison for the culprit.

Bennett will stay at home in NJ until he reports to prison in Sept. She would not allow a request to have him sent to prison immediately.

If you or a family member is arrested you should consult with a Queens Criminal Lawyer. This consultation with a Queens Criminal Attorney will give you the knowledge needed to make the right decisions for yourself.

The Judge declared that restitution will be worked later.

Continue reading "Judge sentences ex-Refco CEO to 16 yrs in prison-A Queens Criminal Attorney Can Help You" »

The person who is generally credited with the creation of two of the major "Boy Bands" in the music business has been sentenced to 25 years in prison on four federal charges.

But his sentence could be reduced significantly if Pearlman can make restitution. The judge made the offer to reduce the time Lou Pearlman would have to serve. For every million he pays back, his sentence would be reduced by a month. Investors who were cheated were ecstatic by this unusual ruling by the bench.

Pearlman pleaded guilty in March to two counts of conspiracy. He laundered money and used false statements to defend a bankruptcy proceeding. He is most famous for creating The Back Street Boys and In Sync that sold millions of records. He is accused of stealing millions from investors over the years. Prosecutors promised to procede aggressively against the impressario.

If you are charged with a crime, a Queens Criminal Attorney must be hired to help you out of your difficulties. Without an a Queens Criminal Attorney you stand a great chance of seeing your rights ignored.

Continue reading "Boy Band Guru Gets 25 Years in Prison. In Federal Cases a Queen Criminal Lawyer can be invaluable." »