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Bruce R. Bryan

NY White Collar Crime Appeals

The term “white collar crime” applies to a broad number of non-violent offenses that typically involve the taking of property from another. NY white collar crimes include larceny and grand larceny, offenses involving computers, welfare fraud, forgery, offenses involving false written statements, insurance fraud, health care fraud, frauds on creditors, residential mortgage fraud, official misconduct, and bribery. The following white collar crimes are discussed in greater detail.

NY White Collar Crimes Appeals: Forgery

A person is guilty of the NY white collar crime of forgery when, “with intent to defraud, deceive or injure another, he falsely makes, completes, or alters a written instrument.” There are three degrees of forgery. The most serious crime, Forgery in the First Degree, additionally requires that the forged item be a “valuable instrument” such as a check, or stocks and bonds.

NY White Collar Appeals: Criminal Possession of Forged Instruments

A person is guilty of the NY white collar crime of criminal possession of a forged instrument when, “with knowledge that it is forged and with intent to defraud, deceive another, he utters or possesses a forged instrument”. There are three degrees of the NY white collar crime of criminal possession of forged instruments. The severity of the degree depends on the type of forged instrument.

NY White Collar Appeals:  Larceny and Grand Larceny

A person commits the NY white collar crime of larceny when he or she “with the intent to deprive another of property or to appropriate the same to himself or a third person, he or she wrongfully takes, obtains or withholds such property from the owner thereof.”

The NY white collar crime of larceny may be committed in several ways: (1) “common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses”; (2) by acquiring lost property; (3) by issuing a bad check; (4) by false promise; and (5) by extortion.

The NY white collar crime of grand larceny occurs when a person steals the property of another and either the property exceeds a certain value specified by statute or the person steals a certain type of property specified by statute. There are four degrees of the NY white collar crime of grand larceny, with the most serious being the NY white collar crime of grand larceny in the First Degree. The NY white collar crime of grand larceny in the First Degree requires that the person steal property of another having a value in excess of one million dollars.

NY White Collar Crimes Appeals: Insurance Fraud

A person commits a fraudulent insurance act when he, among other things, knowingly and with intent to defraud makes a materially false statement in an application for insurance or conceals information concerning a material fact. The NY white collar crime of insurance fraud is categorized by degree. The more money defrauded, the more serious the crime. For example, a person commits the white collar crime of Insurance Fraud in the First Degree when he commits a fraudulent insurance act and thereby wrongfully obtains property with a value in excess of one million dollars.

NY White Collar Crimes Appeals: Health Care Fraud

A person is guilty of the NY white collar crime of health care fraud when “with the intent to defraud a health care plan, he or she knowingly and willfully provides materially false information or omits material information for the purpose of requesting payment from a health care plan” and receives payment to which he or she is not entitled. The NY white collar crime of health care fraud is categorized by degree. The more money defrauded, the more serious the degree.

The NY Penal Law also criminalizes the diversion of prescription medications. These NY white collar crimes are categorized by degree. The greater the value of the prescription medication diverted, the more serious the degree.

NY White Collar Crimes Appeals: Computer-Related Crimes

A person commits the NY white collar crime of computer trespass when he or she knowingly uses a computer without authorization and does so with the intent to commit a felony, or thereby knowingly gains access to computer material.

A person is guilty of the NY white collar crime of computer tampering when he or she uses a computer without authorization and intentionally alters or destroys computer data or a computer program. The NY white collar crime of computer tampering is categorized by degree, with the more serious degrees additionally requiring damage exceeding a specified monetary loss or other aggravating facts.

New York also criminalizes the unlawful duplication of computer-related material, the criminal possession of computer-related material, and the unauthorized use of a computer.

Issues in a White Collar Crimes Appeal

A NY white collar crimes appeal may challenge, among other things, the sufficiency of the evidence to support the elements of the crimes charged. A NY white collar crimes appeal may argue that errors also occurred at trial, such as admitting hearsay evidence or excluding favorable circumstantial evidence (see Trial Errors). A NY white collars crimes appeal may argue that errors occurred before the trial, such as denial of a motion to suppress evidence or statements (see Pre-Trial Errors). A NY white collar crimes appeal may further argue that post-trial and sentencing errors occurred (see Sentencing Errors).

NY White Collar Crimes Appeals to NY Appeals Courts

Depending on the severity of the crime, a NY white collar crimes appeals may be heard by one of the Departments of the Appellate Division of New York. (Click here for NY counties and corresponding  NY Appeals Courts).

Seek the advice of NY Criminal Appeals Lawyer Bruce R. Bryan

As revealed in his attorney biography, Mr. Bryan has had an extensive career as a NY criminal appeals lawyer, and has handled many NY criminal appeals, including NY white collar crimes appeals. He is the author of Guide to Criminal Appeals, Review and Parole in New York, a book that explains in simple terms how to effectively argue a NY criminal appeal. (Click here for a Free Downloadable Copy of his book).

Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, one of this nation’s most respected law schools. He lectures other lawyers on criminal appeals to NY appeals courts. He has appeared before the Supreme Court of the United States and before United States Circuit Courts of Appeal on federal criminal appeals.

To contact Mr. Bryan to discuss without charge a NY white collar crimes appeal, call him at one of his law offices (Syracuse, New York at 315-280-8790 or White Plains, New York at 914-281-1850).

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More