New York Criminal Defense Blawg

Under New York state law, it is a serious crime to knowingly make or use counterfeit money with the intent to deceive or defraud another.  The applicable statutes are Class C non-violent felonies, meaning that someone convicted of this crime (as a first felony offense) can be sentenced to an indeterminate sentence of from 1-3 years or as much as 5-15.

First, a person is guilty of Penal Law 170.15 (Forgery in the First Degree) when, with intent to defraud, deceive or injure another, he or she falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1) Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality, or 2) Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.

Obviously, there are some terms in the definition above that require some explaining.  The Penal Law provides the following:

A “written instrument” is any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.  (See Penal Law Section 170.00[1])(Obviously, this definition encompasses a whole lot of things.)

A person “falsely makes” a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.  (See Penal Law Section 170.00[4]).

A person “falsely completes” a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation or or fully authorized by its ostensible maker or drawer.  (See Penal Law Section 170.00[5]).

A person “falsely alters” a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of mater, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer. )(See Penal Law Section 170.00[6]).

The possession of counterfeit money can also be a Class C felony under Penal Law Section 170.30 (Criminal Possession of a Forged Instrument in the First Degree).  That section provides that a person is guilty of this crime when, with knowledge that the instrument is forged and with intent do defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in Penal Law Section 170.15 (see Forgery in the First Degree, above)(“uttering” a forged instrument basically means knowingly presenting it to somebody in a fraudulent attempt to use it).

As far as counterfeit money is concerned, defendants found in possession of it are usually charged with one count for each counterfeit bill.  These charges can be difficult to prove, however, as the prosecutor has to demonstrate that the defendant knew that the money was counterfeit.  Certainly, an experienced criminal defense lawyer can argue that the defendant was given the counterfeit money by someone else without realizing that it was fake. For this reason, in these types of cases, it is absolutely critical for accused people to refrain from speaking to law enforcement officers without first speaking with an experienced criminal defense lawyer.

Prosecutors often try to prove knowledge by showing profligate or lavish spending behavior with the counterfeit money by the defendant, or by tying the defendant to a known counterfeiting operation, or by demonstrating that the forged money was so obviously fake that the defendant could not have believed that the bills in his possession were real.

If you or a loved one have been arrested and accused of a violation of Penal Law Sections 170.15 or 170.30, you should consider contacting the experienced criminal defense attorneys at Galluzzo & Johnson LLP.  Their three former Manhattan prosecutors have extensive experience with a variety of forgery- and fraud-related cases, and are prepared to apply their expertise to your defense.

The arrest of a friend or loved one often happens unexpectedly.  The majority of New Yorkers do not have any experience with the criminal justice system and are often thrust into a position of having to deal with the possibility of bail being set.  This post will explain a few factors that go into a judge’s decision as to whether to set bail, explain what steps should be taken immediately before the arrested person sees the judge, and finally, if bail is set, will explain the basic process.

First of all, the question may arise, “What is bail?”  Bail is simply a condition set forth by the Court that the defendant must first comply with before he can be released from the custody of the New York City Department of Corrections.  In most cases, that would be an amount of money designated by the judge in either cash or bond.  The difference between these two methods of bail will be explained later.

It should be noted that in the case of many first-time offenders, no bail will be set at all.  This is because the purpose of bail is to ensure that the defendant returns to court to answer for the charges.  Contrary to popular belief, bail is not supposed to be “preventative detention,” or a way to prevent people from committing future crimes.  Thus, if a defendant is an otherwise law-abiding citizen, and the charge is not serious enough to warrant bail, a judge may simply release him or her on their own recognizance.  This is sometimes called “ROR.”  In other cases, however, a judge may determine that a certain amount of bail is appropriate even for a first time offender.  The criteria that the judge will consider is set forth in the Criminal Procedure Law:

  2.    To  the  extent that the issuance of an order of recognizance or
  bail and the terms thereof are matters of discretion rather than of law,
  an application is determined on the basis of the following  factors  and
  criteria:
    (a)    With respect to any principal, the court must consider the kind
  and degree of control or restriction that is  necessary  to  secure  his
  court  attendance  when required.  In determining that matter, the court
  must, on the basis of available  information,  consider  and  take  into
  account:
    (i)     The  principal's  character,  reputation,  habits  and  mental
  condition;
    (ii)  His employment and financial resources; and
    (iii)  His family ties and the length of his residence if any  in  the
  community; and
    (iv)  His criminal record if any; and
    (v)   His record of previous adjudication as a juvenile delinquent, as
  retained pursuant to section 354.2 of  the  family  court  act,  or,  of
  pending  cases where fingerprints are retained pursuant to section 306.1
  of such act, or a youthful offender, if any; and
    (vi)  His previous record if any in responding  to  court  appearances
  when  required  or with respect to flight to avoid criminal prosecution;
  and
    (vii)  If he is a defendant, the weight of the evidence against him in
  the pending criminal action and any other factor indicating  probability
  or  improbability  of  conviction; or, in the case of an application for
  bail or recognizance pending appeal, the merit or lack of merit  of  the
  appeal; and
    (viii)    If  he is a defendant, the sentence which may be or has been
  imposed upon conviction.

Many of these factors are self-explanatory.  If a person has a prior criminal history, or a record of not showing up to court, the judge will probably set an amount of bail that he or she feels is necessary to secure his or her attendance in court.  However, if the charge is serious, then it is very important to try to retain an experienced New York City criminal lawyer before your friend or loved one sees the judge.  The lawyer will be able to assist in gathering information and proof that the judge will consider in making the court’s bail decision.  This material can include papers considering his or her employment, paystubs, proof of residence, and other material that will be helpful in convincing the court to either ROR the defendant or set an amount of bail that he or she can actually make.

Assuming that the judge sets bail, one needs to be informed as to the precise method specified by the court.  For example, a judge may set bail in the amount of $100,000 bond over $50,000 cash.  The best way to explain this is to start with the cash alternative.  In this example, if a family member has $50,000 in cash, that can be posted to secure the defendant’s attendance, with no other steps being necessary.  Bail can be paid either at the courthouse or the corrections facility where the defendant is being held.  If the bail is going to be made at the court, it is probably best to speak with an attorney to get an idea of how much the bail may be so that you can come prepared with money necessary.  On the other hand, if the defendant chooses to go with the $100,000 bond alternative, he or she must deal with a bail bondsperson.  The bondsperson’s job is simply to gauge the amount of risk he or she is willing to take that the defendant will return to court when required.  In exchange for taking on this risk, he or she takes a fee.  Every situation is different, but a bondsperson will usually ask the friend or family member of the arrested person to pay a percentage of the total bond amount, and then provide some sort of security for the remainder.  Again using the example of a $100,000 bond, the bondsman may ask for $10,000 cash, and the deed to a home or other form of collateral to secure the other $90,000.  At the end of the case, the bondsperson will give you back the cash you posted, less a fee that he or she takes for assuming the risk.

Remember that in dealing with a bondsperson, they may have reporting requirements or “check ins” that will occur periodically to ensure that they are in touch with the defendant.  If the defendant does not comply with the conditions of the bond, the bondsperson can go to the court and ask that the bond be revoked and that the defendant be taken into custody.

With that said, the best possible thing to do is to retain an attorney before the initial hearing because the attorney can do two things: (1) make a reasoned and cogent argument to the judge as to why no bail should be set (“ROR”) or that a lower amount of bail is necessary than what the Assistant District Attorney may ask for and (2) if bail is set, put you in touch with a respectable bail bondsperson and assist in the bail making process.

Should you need advice as to how any of this works, you should contact a New York City bail attorney.

Many people are arrested for signing someone’s name on a contract, letter, or other writing each year.  However, forgery encapsulates much more than the act of simply another’s name.  In fact, as we can see from the following recent New York forgery news stories, there are several documented cases of forgery which do not fall readily to mind:

• A teacher falsifying a student’s report card;
• A DMV supervisor allowing for cheating on a commercial driver’s license test; and
• Forgery of prescriptions to obtain illegal drugs.

There are many different kinds of “forgery;” however, the purpose of this post will be to explain, in part, the reference of that term in the New York State Penal Law.

Of course, if you have been arrested for Forgery or Criminal Possession of a Forged Instrument in New York, you need to contact a seasoned Manhattan-based lawyer experienced in dealing with forgery cases.  As former prosecutors in the Manhattan D.A.’s office, the lawyers at Galluzzo & Johnson LLP are particularly suited to assist you in defending against any and all such charges.

Article 170 of the New York State Penal defines “Forgery and Related Offenses.”  In order to understand the charge in New York, it is important to look at the definition section of that article.  The definitions of “written instrument,” “complete written instrument,” “incomplete written instrument,” “falsely make,” “falsely complete,” “falsely alter,” “forged instrument,” and “electronic access device” as set forth in PL 170.00 are listed below.

    1.  "Written  instrument"  means  any instrument or article, including
  computer data or a  computer  program,  containing  written  or  printed
  matter  or  the  equivalent  thereof,  used for the purpose of reciting,
  embodying, conveying or recording information, or constituting a  symbol
  or  evidence  of  value,  right,  privilege  or identification, which is
  capable of being used to the advantage or disadvantage of some person.

 2. "Complete written instrument" means one  which  purports  to  be  a
  genuine  written  instrument fully drawn with respect to every essential
  feature thereof. An endorsement, attestation,  acknowledgment  or  other
  similar  signature  or  statement  is  deemed  both  a  complete written
  instrument in itself and a part of the main instrument in  which  it  is
  contained or to which it attaches.

    3.  "Incomplete  written  instrument"  means  one  which contains some
  matter by way of content or authentication but which requires additional
  matter in order to render it a complete written instrument.

    4. "Falsely make." A person "falsely makes" a written instrument  when
  he  makes  or draws a complete written instrument in its entirety, or an
  incomplete  written  instrument,  which  purports  to  be  an  authentic
  creation of its ostensible maker or drawer, but which is not such either
  because  the  ostensible  maker  or  drawer is fictitious or because, if
  real, he did not authorize the making or drawing thereof.

    5.  "Falsely  complete."  A  person  "falsely  completes"  a   written
  instrument  when, by adding, inserting or changing matter, he transforms
  an incomplete written  instrument  into  a  complete  one,  without  the
  authority  of  anyone  entitled  to  grant  it,  so  that  such complete
  instrument appears or purports  to  be  in  all  respects  an  authentic
  creation of or fully authorized by its ostensible maker or drawer.

    6.  "Falsely  alter."  A  person "falsely alters" a written instrument
  when, without the authority of anyone entitled to grant it, he changes a
  written instrument, whether it be in complete  or  incomplete  form,  by
  means  of  erasure,  obliteration,  deletion,  insertion  of new matter,
  transposition of matter, or in any other manner, so that such instrument
  in its thus altered form appears or purports to be in  all  respects  an
  authentic  creation  of  or  fully authorized by its ostensible maker or
  drawer.

    7. "Forged instrument" means  a  written  instrument  which  has  been
  falsely made, completed or altered.

    8.  "Electronic access device" means a mobile identification number or
  electronic serial number that can be used to obtain telephone service.

The basic forgery charge, as set forth in PL 170.05 is as follows:

  § 170.05 Forgery in the third degree.
    A person is guilty of forgery in the third degree when, with intent to
  defraud,  deceive  or  injure  another,  he  falsely makes, completes or
  alters a written instrument.
    Forgery in the third degree is a class A misdemeanor.

It should be noted here that the crime must pertain to the forgery of a written instrument, which, to summarize, would include any document which is capable of being used to the advantage or disadvantage of another person.  This seems like a fairly broad definition, because if you read it broadly, one can make an argument that just about any writing, other than something meant as a joke, could fit this definition.  It is also arguable that writing an email from someone else’s account which purports to be from the account-holder’s address, could technically be a forgery.  The point here is that forgery can be interpreted pretty broadly, and can actually be used to address a wide variety of alleged misconduct.

  § 170.20 Criminal possession of a forged instrument in the third degree.
    A  person  is  guilty of criminal possession of a forged instrument in
  the third degree when, with knowledge that it is forged and with  intent
  to  defraud,  deceive or injure another, he utters or possesses a forged
  instrument.
    Criminal possession of a forged instrument in the third  degree  is  a
  class A misdemeanor.

This charge can apply to cases where a bad check is passed or possessed, and generally speaking is usually tacked on in cases where the defendant is actually found in possession of the forged written instrument.

Finally, there are enhanced penalties in cases where the value of the forgery exceeds certain monetary threshholds.

If you or a loved one have been charged with a forgery-related charge, including identity theft, you should contact experienced forgery defense lawyers in New York.

The New York Post reported recently on a case that is currently being tried in a Manhattan courtroom involving a man, Rafael Golb, who is, according to the story, “accused of going over the line and using criminal means to target rivals of his dad, noted Dead Sea Scrolls scholar Norman Golb.”  The top charge?  Identity Theft in the 2nd Degree.  Specifically, Mr. Golb appears to be charged with assuming the identity of another person by presenting himself as that other person, or by acting as that other person or by using personal identifying information of that other person to commit such crimes as forgery, criminal personation, and aggravated harassment.

The full text of the Identity Theft statute is below:

 § 190.79 Identity theft in the second degree.
    A  person  is guilty of identify theft in the second degree when he or
  she knowingly and with intent to defraud assumes the identity of another
  person by presenting himself or herself as  that  other  person,  or  by
  acting as that other person or by using personal identifying information
  of that other person, and thereby:
    1.  obtains  goods,  money, property or services or uses credit in the
  name of such other person in  an  aggregate  amount  that  exceeds  five
  hundred dollars; or
    2.  causes  financial  loss  to  such  person  or to another person or
  persons in an aggregate amount that exceeds five hundred dollars; or
    3. commits or attempts to commit a felony or acts as an  accessory  to
  the commission of a felony; or
    4.  commits the crime of identity theft in the third degree as defined
  in section 190.78 of this article  and  has  been  previously  convicted
  within  the  last  five  years  of identity theft in the third degree as
  defined in section 190.78,  identity  theft  in  the  second  degree  as
  defined  in  this section, identity theft in the first degree as defined
  in  section  190.80,  unlawful  possession  of  personal  identification
  information  in  the third degree as defined in section 190.81, unlawful
  possession of personal identification information in the  second  degree
  as   defined   in   section  190.82,  unlawful  possession  of  personal
  identification information in the first degree  as  defined  in  section
  190.83,  unlawful possession of a skimmer device in the second degree as
  defined in section 190.85, unlawful possession of a  skimmer  device  in
  the  first  degree  as  defined  in section 190.86, grand larceny in the
  fourth degree as defined in section 155.30, grand larceny in  the  third
  degree  as defined in section 155.35, grand larceny in the second degree
  as defined in section 155.40 or grand larceny in  the  first  degree  as
  defined in section 155.42 of this chapter.
    Identity theft in the second degree is a class E felony.

Identity Theft charges are becoming increasingly popular amongst New York prosecutors to address such acts as credit card fraud, computer-related fraud, and a bevy of related charges.  The Golb prosecution demonstrates the versatility of the charge because in may not be immediately obvious that an “identity theft” has occurred as it would be in a case of robbery, burglary, or shoplifting.

Moreover, Identity Theft charges can be used to work to elevate what would normally be a misdemeanor theft to a felony.  Normally, in order for a larceny charge to be elevated from a petit larceny misdemeanor to a grand larceny felony the property taken must be worth over $1000.  However, a theft of between $500 and $1000 could in fact be elevated to a felony using this charge as long as one of the earlier preconditions are met.  Thus, by reducing the misdemeanor-felony threshold level by $500, the legislature demonstrating a desired reduction in the amount in controversy where the means of the theft are more personal, as it were.

Identity Theft charges can also be used to “pile on” a defendant who is already charged with criminal fraud, forgery, or other pre-existing, related charges.  After all, “Identity Theft” has become a public buzzword, and sounds much worse to a jury pool consisting of people who may, in fact, be terrified of so-called identity thieves.

If you or a loved one has been charged with identity theft or any related charge in New York, you should speak to experienced attorneys familiar with the identity theft statutes.

Unfortunately, it happens to most of us. At some point in our life, we get a call that the police have arrested a friend, family member, or other loved one. In addition or in preparation for securing competent criminal defense counsel, there are several things that you can do on the internet in the early stages of the arrest-to-sentence process to locate that person, gain basic information about his or her case, and support him or her as you see fit.

The first thing to do would be to look up the person’s name in the court system to see if they actually have a pending case. This can be done on the New York State Unified Court System’s eCourts Webcrim system. After logging in, you can input the name, case number or other identifying information about your loved one to determine the court information about their case. This will give you the basic case details, including the defendant’s Case number (sometimes referred to as a Docket number), his or her date of birth, NYSID number, details concerning the time of the incident that is the subject of the case, the time of arrest, the arresting agency, the name of the attorney or institutional defender currently representing him or her, and his or her next court appearance.

As noted in the arrest-to-sentence information linked above, the first time that an arrestee will see a judge after his or her arrest will be at a criminal court arraignment proceeding. If your friend or loved one has already been arraigned and bail was set or he or she was remanded into custody by the judge, you can find out where he is being held by accessing the New York City (or New York State) Department of Corrections website. On the New York City Department of Correction’s website, for example, you can access his or her NYSID number, Book and Case Number, and the name of the facility where he or she is currently being held. There is also a link to a informational page explaining how to send an inmate money, clothing, food, or other property.

This information will serve you well as you search for a lawyer to represent your loved one’s interests in the criminal justice system. You should print up as much of it as you can and bring it with you for your initial consultation with his or her lawyer. You can find links to all of these sites as well as other information concerning the criminal justice system on Galluzzo & Johnson LLP’s website or call us at (212) 918-4661 for more information.