In the state of New York, crimes of theft are brought under the category of either Article 155 of New York Penal Law or Article 165 of New York Penal Law. As such, if you steal property that has been valued as being more than $1,000, which includes antiques, cars, money, and clothing, and you’ve done this through extortion, embezzlement, false promise, trick or by any other scheme, you will be charged with the crime of grand larceny.
This article discusses SEC Investigative process. SEC Enforcement Staff is charged with investigating federal securities laws violations. SEC also initiates enforcement actions against private individuals and companies who SEC believes violate securities laws.
At the onset of the investigation, SEC may request the target company or individual to disclose financial reports for several years. It is not unusual for an enforcement investigation to create a significant burden on the target even if in the end SEC does not find any evidence of violations.
New York SEC defense attorneys with Joseph Potashnik and Associates represent individuals and companies facing SEC investigations in New York and anywhere else in the country.
SEC conducts informal evaluations and formal investigations of potential violations of federal securities laws. SEC may get the leads of these violations from all open sources such as the Internet, major media stories, public filings, as well as the referrals from other federal organizations.
In some cases, where the SEC investigates potential securities violations, it can start an informal investigation, which can drag on for a long time, sometimes for months and even years. If the matter resolves, the SEC may never seek to convert the informal inquiry into a formal investigation. If not, it will seek a Formal Order giving the SEC investigators the authority to subpoena the production of documents and compel the appearance and testimony of witnesses. Investigators can seek a Formal Order even in “fishing expedition” cases where they have no evidence of any securities violations.
In New York, a defendant in a state criminal case has the opportunity and right to testify. In nearly all cases there are charges presented to the grand jury, a defendant has the right to testify before the grand jury. The issue hinges on whether the defendant must notify the prosecution, or whether the prosecution must notify the defense. The issue depends on the status of the case in the lower court. Before deciding to testify before the grand jury, the defendant should have a discussion with a competent NY criminal lawyer.
NY CPL 190.50(5)(a) states that prosecution is required to provide notice of the grand jury proceeding when there is a charge that is brought in the local criminal court, and when the charge is “currently undisposed of.” A “currently undisposed of” case is where the defendant has not been held for a grand jury action after the preliminary hearing.
In general, commercial bribery is the act where an employee, agent, or a person with fiduciary relationship to a principal is bribed with the intent to obtain and secure an advantage over other business competitors. Both the giving and receiving of the bribe is illegal. Commercial Bribery is the breach of duty to act disinterestedly. Government attempts to deter Commercial Bribery can be found un the Securities and Exchange Commission, the Internal Revenue Service, and Antitrust.
Each year, thousands of NYC residents are investigated by NYC HRA for public benefits fraud. An investigation dealing with Medicaid recipient fraud or Food Stamp fraud begins when a target letter is mailed to you via first class mail or is hand-delivered to you.
The Human Resource Administration (HRA) is an organization that provides assistance and benefits to over 3 million New Yorkers. This assistance or benefit appears in the form of food stamps, Medicaid, home care, child support enforcement, and many other programs.
Joseph Potashnik is founding partner of top New York based law firm - Joseph Potashnik & Associates where he practices as criminal defense attorney
