What can easily be described as one of the best results one could achieve in a case involving allegations of New York Criminal Tax Fraud and Grand Larceny, the New York criminal defense lawyers and Grand Larceny defense attorneys at Crotty Saland PC secured a misdemeanor plea without probation or incarceration for a client accused of New York tax crimes in excess of $180,000. Initially, prosecutors sought our client’s surrender, arrest and potential indictment for crimes including Grand Larceny in the Second Degree, New York Penal Law 155.40 and Criminal Tax Fraud in the Second Degree, New York Tax Law 1805. If convicted of these crimes, our client faced as much as five to fifteen years in state prison on each count. Simply, it was alleged our client withheld these tax dollars and wrongfully filed returns.
Unfortunately, upon being advised of the investigation, the Assistant District Attorney spearheading the criminal case initially sought a felony plea. Crotty Saland PC argued that while sales tax monies may in fact be owed, the dollar amount suggested by prosecutors was incorrect. Regardless of the amount, our client did not have the intent to steal. Obviously, the defense pursued on our client’s behalf was very fact specific, but was not without its pitfalls, for example, one commits a Tax Fraud Act, the basis of any Criminal Tax Fraud crime, if one fails to file a return. In that regard, there were certain difficulties in a complete defense to the allegations. Despite these concerns, however, one of our criminal lawyers successfully argued that not only should the crime be prosecuted as a misdemeanor New York Criminal Tax Fraud 1802, but that the dollar amount was more than $40,000 less than the $180,000 claimed by the District Attorney’s Office.
After months of conferences, conversations and reviews of the files and evidence, the New York Tax Fraud lawyers at Crotty Saland PC surrendered our client where our client agreed to plea to one misdemeanor offense. Our client paid back the approximately $140,000 and received a conditional discharge. In substance, our client was merely required to pay a $1,000 fine and any interest due on the withheld monies. While paling in comparison to the ultimate tremendous resolution, on the day of the surrender our client was booked, processed and out of court within approximately five hours.
Remember, each case is unique and may have advantages or disadvantages over cases involving the exact same set of crimes. Fortunately, diligence on the part of our criminal lawyers helped secure a “top shelf” result.
To read about New York’s theft and larceny crimes including the varying degrees of Grand Larceny and Criminal Tax Fraud, please review the links above or the main websites and blogs linked below.
Crotty Saland PC is a New York criminal defense firm created be two former Manhattan prosecutors. The New York criminal lawyers and former Assistant District Attorneys at Crotty Saland PC represent clients in all White Collar, theft and larceny matters throughout the New York City area.