Damico & Stockstill, Attorneys at Law

Recommendations may change how white collar crimes are charged

If you're charged with fraud or another white collar crime, you probably know that a conviction can result in serious fines, penalties and even jail time in some instances. If you're dealing with a charge of fraud, it's important to recognize and understand your rights in order to protect yourself and your reputation.

Baton Rouge, Louisiana, readers might have heard that New York state laws are being criticized for making it harder to prosecute white-collar crimes within the state. Attorneys claim that the laws are nearly 30 years out of date, and this leads to difficulty when trying to prosecute those who have allegedly committed crimes of fraud or corruption. According to recent news from Sept. 26, the New York State White Collar Crime Task Force has now released 102 pages of recommendations for the updating of these fraud and corruption laws. Since the mid-1980s, which is when many of these laws were implemented, society has evolved to include many more digital factors, e-commerce and social media sources, which this task force believes needs to be addressed.

Although the laws are being questioned in New York, any major changes could potentially influence other states and legislature. In New York, for instance, state laws don't distinguish between cybercrimes with different amounts of damages. The only way to charge that crime is via E felony, which is the lowest type of felony there is. Recommendations in the 102-page report also offer suggestions on combating identity theft and computer hacking.

If you've been charged with a cybercrime or white collar crime, it's important to understand the laws that regulate the crimes and charges that go with them. No matter what charges you may be facing, you deserve a fair and balanced trial, as well as the right to appeal an unfavorable outcome.

BuffaloNews, "White Collar Task Force proposal updates fraud cybercrime laws" Harold McNeil, Sep. 26, 2013

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