New York Criminal Lawyer Blog

The defendant in this case was charged for DWI with two counts. The prosecution asked the court during the end of the defendant’s trial to include a lesser offense, driving while ability impaired or DWAI. The court granted the request despite the objection of the defendant. The defendant received acquittal from the jury on both DWI counts. However, he was convicted of the lesser DWAI offense.

The prosecution supported their motion to charge for DWAI since the law states that a defendant who has already been convicted for previous driving offenses should be charged with DWAI. This is treated by the court as a misdemeanor on the part of the defendant.
During the trial, no evidence was presented regarding the past offenses of the defendant. The prosecution has presented documents that would prove his past drinking violations. In his objection, the defendant contends that his past offenses should be proven based on special information.

The prosecution requested the court to have the jury promote DWAI as a lesser degree offense during the trial. However, the prosecution has changed their position and contends that the DWAI offense should be treated as a misdemeanour. However, according to the provisions of the law, it should not be treated as a lesser crime than DWI since both are unclassified.

To support the prosecution’s claims, interpreting the provisions in previous cases can be interpreted differently. According to the prosecution, the defendant can be punished for committing DWAI for a misdemeanour. However, proof must be presented during the trial to establish that the defendant had committed those offenses within the last ten years.

According to the provisions of the law, there is no statute that would be applicable to such offenses treated as misdemeanors. The drafting of the statutes relating to misdemeanors have indicated that these cases would warrant a prior conviction of the defendant. This must be done to elevate the offense or classify it as a misdemeanor.

During the trial, there was no proof presented by the prosecution concerning the past offenses of the defendant. The defendant challenges the prosecution to contest the existence of his past offenses by acquiring information for a second crime offender. After the prosecution’s review of the law, the court has found the prosecution to be without the needed proof to support their DWAI charge against the defendant. Since the burden of proof lies on the prosecution, failure to establish proof will be cause for denying the motion. The court has reviewed the provisions of the law and heard both sides of the story. The court has also reviewed previous cases that would help in the matter of deciding the circumstances of the case.

The law considers it improper to remove any aspect of the offense for the jury to consider. The only exception is when the said aspect is instructed by the defendant. In this case, the defendant did not admit to any of the past violations. This would mean that the prior convictions should be treated as an element of DWAI misdemeanour. This element will not be included for the jury’s deliberation.

The prosecution did not present this element while the trial was on going. The prosecution cannot change its mind and present it once the trial has ended. Due to this reason, the court has denied the motion of the prosecution to prove the existence of past convictions within the last ten years. The defendant was charged by the court with DWAI but with emphasis on traffic infarction. The court has also concluded that the prosecution can seek to establish a previous case within the last five years.

If you are charged with DWI, White Collar Crime, or a gun crime, you don’t have to go through it alone. Experienced legal counsel will help you prepare the best defense when you go on trial. Legal counsel is always reliable when it comes to these types of lawsuits. Visit the downtown area and look for the offices of Stephen Bilkis & Associates.

.

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 " »

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" »

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" »