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Defrauding the Government in New York

If a person is a public servant or party officer, there are specific offenses that apply to their actions. One such offense is defrauding the government. This offense is a class E felony which can mean time served behind bars if convicted by the court. Let our experienced team of New York criminal attorneys help you navigate the complex court proceedings that result in criminal charges. With many years of experience helping clients charged with criminal offenses, our team can help you understand what is happening in court as well as negotiate on your behalf to receive the best possible outcome. Call now for a free consultation.

If a person who is a party officer or public servant engages in a scheme that constitutes systematic ongoing conduct with intentions to defraud the political subdivision or state to obtain services, property or other resources from the political subdivision or state by fraudulent or false pretenses, promises or representations, the offense of defrauding the government would apply. Additionally, if they make use of the services, property or resources that are from the political subdivision or state for private business purposes or any other non-governmental compensated purpose, this offense would also apply.

It is important to know that for this offense, the person being charged must also have been a party officer (of a political party that is a political subdivision of the state or governmental instrumentality) or a public servant which can be any type of government official. If a person who was not a public servant or party officer were to act in this way, the same offenses would not apply to their actions due to the difference in their title.

For the purpose of this statute, the services, property or other resources that the party officer or public servant obtained must be in excess of $1,000. The resources, services or property must also be from the state or such a state’s governmental instrumentality or political subdivision. As this charge is a class E felony, the resulting response from the court may include a recommendation that jail be served or a lengthy probation sentence.

If you find yourself being charged with defrauding the government, call our experience team of New York attorneys now to begin discussing your case. With multiple years of experience as well as a prior District Attorney on our team of leading criminal attorneys, your case is in good hands. We have successfully negotiated hundreds of cases for our clients who were facing all levels of criminal charges, typically resulting in a plea agreement that benefits our client. Plea agreements are especially beneficial when helping our clients who have been charged with a low-level felony offense. The plea agreement would lower the overall charge and therefore the possible sentencing options. In most class E felony cases, the plea agreement would be for either a violation or some level of misdemeanor that includes some length of probation or agreement with the court. If you are facing charges for defrauding the government, call now for a free consultation.

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