If you’re facing elder fraud charges, you need to understand the serious nature of these accusations. Prosecutors treat these cases with extreme prejudice, and they’ll go after you aggressively.
Don’t sit back and wait for the state to build its case against you. You must act fast and retain a skilled criminal defense attorney who will be just as tenacious in your defense.
Examples of elder fraud
New York law defines elder fraud and financial exploitation broadly. It includes a range of crimes, from grand larceny to scheme to defraud (Penal Law § 190.65) and even endangering the welfare of a vulnerable elderly person (Penal Law § 260.31). These charges often involve a position of trust, such as that of a family member, caregiver or financial advisor.
Examples of actions that can lead to these charges include:
- Coercing an elderly person into signing over property or changing a will.
- Using a power of attorney for your own personal financial gain.
- Running scams that involve false stories about winning a lottery or receiving government funds.
- Illegally using an elderly person’s funds or assets without their permission.
Prosecutors could charge you with multiple crimes at once. It’s essential to understand the specific charges against you and how they apply to your case.
Possible defenses and penalties
Fighting these charges successfully requires a knowledgeable and strategic approach. Skilled criminal defense attorneys can challenge the prosecution’s evidence and build a strong defense, which may include false accusations or insufficient evidence by prosecutors.
Other possible defenses include:
- Lack of intent: Arguing that you didn’t mean to defraud or exploit anyone, showing your actions weren’t intentional or reckless
- False accusations: Cases sometimes stem from family disputes or disagreements over money, leading to untrue claims
- Consent: Proving the accuser willingly gave you their permission to use their funds or assets
The penalties for these crimes are severe. They can include lengthy prison sentences, hefty fines and restitution to the victim. The government takes these cases seriously, and targeting a vulnerable person can elevate a crime to a more serious felony.
Why a skilled legal defense is critical
If you’re under investigation or have been arrested, working with a defense attorney who has experience as a former prosecutor can be invaluable, as they understand how the system works.
They can build a strong defense based on the specifics of your case, which may include negotiating with prosecutors to reduce or dismiss charges while protecting your rights throughout the legal process.