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White Collar Crime

We handle white collar crime, including securities fraud, insurance fraud, and mail fraud. Get in contact with one of our criminal defense attorneys and do it quickly. The most important thing is that you talk to a lawyer before speaking to the police, FBI, DEA, or SEC.

Securities Fraud

Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information in violation of securities laws. Offers of risky investment opportunities to unsophisticated investors who are unable to evaluate risk adequately and cannot afford loss of capital is a central problem.  Securities fraud can also include outright theft from investors, stock manipulation, misstatements on a public company's financial reports, and lying to corporate auditors. The term encompasses a wide range of other actions, including insider trading, front running and other illegal acts on the trading floor of a stock or commodity exchange.

Trading of a corporation's stock by corporate insiders such as officers, key employees, directors, or holders of more than ten percent of the firm's shares based on material non-public information is illegal in most instances. In illegal insider trading, an insider or a related party trades based on material non-public information obtained during the performance of the insider's duties at the corporation, or otherwise misappropriated. In January of 2014, this office represented the tipper of the largest insider trading case ever brought by the Department of Justice. It involved trades in excess of $500,000,000 (view the WSJ article).  The defendant, Mathew Martoma, was convicted and sentenced to nine years.  His case is on appeal.

Insurance Fraud

Insurance fraud occurs when any act is committed with the intent to fraudulently obtain some insurance benefit to which they are not otherwise entitled.  Health care insurance fraud is described as an intentional act of deceiving, concealing, or misrepresenting information that results in health care benefits being paid to an individual or group. Fraud can be committed by both a member and a provider.

Provider fraud consists of claims submitted by bogus physicians, billing for services not rendered, billing for higher level of services, diagnosis or treatments that are outside the scope of practice, alterations on claims submissions, and providing services while under suspension or when license have been revoked.  The most common perpetrators of healthcare insurance fraud are doctors.  Unfortunately, if a doctor is accused of a crime not only is her freedom from jail at stake but so is her license to practice as a doctor.  We have represented doctors accused of this fraud  and our clients had no choice but to go to trial.  In one recent case, all the charges were dropped (see article Staten Island Examiner). We have also represented social workers and home aid companies who were submitting false bills and time records.  Though they received suspended sentences,  each lost their medical license.

Member Medicaid fraud consists of ineligible members and/or dependents, submitting false applications for Medicaid including under-reporting income and assets.                                                                                                    (Go to Medicaid Fraud)  

Kickbacks

Kickbacks and Bribery is an act of giving money or gift giving that alters the behavior of the recipient, where the gift is of a dishonest nature. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public office.  This firm represented employers who were accused of accepting bribes from union organizers to allow their union to represent the employer's workforce.

Notable instances of bribery: (Click on one to view more details)

  • Spiro Agnew, American Vice President who resigned from office in the aftermath of discovery that he took bribes while serving as Governor of Maryland
  • Duke Cunningham, United States Navy veteran and former Republican member of the United States House of Representatives from California's 50th Congressional District resigned after pleading guilty to accepting at least $2.4 million in bribes and under-reporting his income for 2004.
  • Gerald Garson, former New York Supreme Court Justice, convicted of accepting bribes to manipulate outcomes of divorce proceedings.
  • John Jenrette, former American politician convicted of accepting a bribe in the FBI's Abscam operation
  • Martin Thomas Manton, former U.S. federal judge convicted of accepting bribes

Wire Fraud

Mail and Wire Fraud are the federal prosecutors most used and most loved crimes. In the United States, mail and wire fraud is any fraudulent scheme to intentionally deprive another of property or honest services via mail or wire communication. It has been the most charged federal crime in the United States since 1872.

There are three elements to mail and wire fraud: (a) Intent; (b) A "scheme or artifice to defraud" or the obtaining of property by fraud;  (c) A mail or wire communication and (d) To be fraudulent, a misrepresentation must be material. Mail fraud applies only to United States domestic mailings and use of interstate carriers (UPS, FedEx) which must originate in one state, and successfully terminate pursuant to the address label inside another state.  Wire fraud has been expanded by Congress to include foreign wire communication or interstate connections via (i.e.) an e-mail server or telephone switch or radio communication. 

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Novak Juhase & Stern is committed to answering your questions about civil litigation, white-collar crime, real estate, Medicaid fraud, corporate law, arbitration, Beth Din, corporate bankruptcy, personal bankruptcy, creditor's rights, foreclosure defense, and business law issues in New York and New Jersey.

We offer a free consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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