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    <title type="text">The Law Office of Jeffrey Chabrowe</title>
    <subtitle type="text">Experienced criminal defense attorney in New York handling state and federal charges</subtitle>

    <updated>2026-09-16T12:45:13Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[Illegal stops and frisks in New York]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/08/illegal-stops-and-frisks-in-new-york/" />
            <id>https://www.chabrowe.com/?p=50302</id>
            <updated>2026-09-04T16:16:11Z</updated>
            <published>2026-08-21T18:48:04Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[While stop-and-frisk laws have changed to combat unfair and illegal profiling, New Yorkers have seen the shaky practice rise. Recent research indicates that fewer than half of police stops happen unlawfully. That makes understanding the legality and potential for an arrest even more important. The definition of a stop and frisk When any police officer engages with a person in…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/08/illegal-stops-and-frisks-in-new-york/"><![CDATA[While stop-and-frisk laws have changed to combat unfair and illegal profiling, New Yorkers have seen the shaky practice rise.

Recent research indicates that fewer than half of <a title="NYPD&#039;s specialized units conduct unconstitutional stops at higher rate, court monitor finds" href="https://gothamist.com/news/nypds-specialized-units-conduct-unconstitutional-stops-at-higher-rate-court-monitor-finds" target="_blank" rel="noopener noreferrer" data-wpel-link="external">police stops</a> happen unlawfully. That makes understanding the legality and potential for an arrest even more important.
<h2>The definition of a stop and frisk</h2>
When any police officer engages with a person in the community in an official capacity, they must have reasonable suspicion to do so. Even a request for information or common-law inquiry may lead to officers thinking they have a good reason to pat a person down. A stop occurs when an officer believes a person has or may have committed a crime. Although not under arrest at that time, officers may conduct a frisk if they believe a person has a weapon.
<h2>The potential for an illegal arrest</h2>
During the frisk, even if an officer finds no weapon, they may find illegal contraband on a person, such as narcotics or paraphernalia. If that happens, it may lead to an arrest that has nothing to do with why a person was initially stopped.
<h2>The importance of seeking legal help</h2>
This type of situation comes with many nuances. Although officers may have found items that show the necessity of an arrest, the legality comes with significant complexity. Police officers must file strict rules when stopping and frisking a person, and the prosecution must prove the officers followed protocol. Getting a defense lawyer immediately after the incident increases the chances of evidence illegally obtained getting deemed inadmissible.

When faced with this situation, <a href="/criminal-defense/" data-wpel-link="internal">do not consent to a frisk</a> but cooperate with the officer to avoid escalating the situation.

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]NYC defense lawyer, <a title="Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a>, has over 25 years of experience in criminal defense, including illegal stops. As a former prosecutor, he knows how the other side works and puts those skills to work in defending his clients. Call his office today at [nap_phone id="LOCAL-CT-NUMBER-Local"]. Please leave a message with your contact information and he will get in touch with you. You can also send an <a href="#form">online contact form</a>. [/author_info] [/author]]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[Historic penny stock fraud cases and the schemes behind them]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/08/historic-penny-stock-fraud-cases-and-the-schemes-behind-them/" />
            <id>https://www.chabrowe.com/?p=50295</id>
            <updated>2026-08-12T20:48:02Z</updated>
            <published>2026-08-12T20:48:02Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[A federal penny stock case can place your trading records, sales materials and private messages under close review. Past incidents show how prosecutors tied market rigging to wider fraud schemes, which helps you understand the conduct and evidence that can shape a charge. The Winick case and its international fraud network Federal prosecutors alleged that Sandy Winick ran two linked…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/08/historic-penny-stock-fraud-cases-and-the-schemes-behind-them/"><![CDATA[<img class="alignnone wp-image-50298 size-full" src="/wp-content/uploads/sites/1203455/2026/08/pennies-adobestock494413956-b.jpg" alt="pennies" width="850" height="195" />

A federal penny stock case can place your trading records, sales materials and private messages under close review. Past incidents show how prosecutors tied market rigging to wider fraud schemes, which helps you understand the conduct and evidence that can shape a charge.
<h2>The Winick case and its international fraud network</h2>
Federal prosecutors alleged that Sandy Winick ran two linked <a title="FBI press release One of the Largest International Penny Stock Frauds" href="https://archives.fbi.gov/archives/newyork/press-releases/2013/nine-individuals-indicted-in-one-of-the-largest-international-penny-stock-frauds-and-advance-fee-schemes-in-history" target="_blank" rel="noopener noreferrer" data-wpel-link="external">schemes from 2008 through 2013</a>. In the first, his group secretly held large blocks of nearly worthless penny stocks, drove up their prices through false news and rigged trades, then sold billions of shares to buyers around the world.

The second operation targeted people who already held shares, including victims of the first scheme. Call centers based overseas promised to help them sell their stock or win back their losses for a fee paid up front, yet the callers gave nothing in return. Together, the two operations allegedly brought in more than $140 million through accounts the group controlled.

Agents built part of the case through wiretaps and undercover work abroad. Winick later pleaded guilty to conspiracy to commit wire fraud for the advance-fee scheme and received 78 months in prison.
<h2>The de Maison case and its undisclosed broker commissions</h2>
Zirk de Maison and his co-conspirators <a title="Justice Department article" href="https://www.justice.gov/usao-ndoh/pr/eight-people-sentenced-prison-penny-stock-fraud-resulted-39-million-loss-investors" target="_blank" rel="noopener noreferrer" data-wpel-link="external">issued millions of shares to themselves</a> at little or no cost, then hid their ownership stakes in the companies. They used secret payments to enlist current and former brokers as well as boiler-room operators who helped control the price and volume of trades.

Some brokers abused existing client relationships to persuade people to buy shares at values they knew were inflated, sometimes receiving kickbacks equal to half of the investment. Boiler-room promoters relied on high-pressure calls and false claims without telling buyers what they earned from each sale.

The scheme drew more than $54 million in investments and caused about $39 million in losses. Eight participants, including four from New York, received prison terms in January 2017. The court sentenced de Maison to more than 12 years and ordered him to pay $39.1 million in restitution.
<h2>Defense priorities after a fraud accusation</h2>
Once an investigation begins, preserving original records gives counsel a clearer view of the transactions and communications under scrutiny. Account statements, ownership records, promotional content and messages can help establish who controlled the shares, what buyers were told and how the money moved.

An attorney can compare that evidence with the elements of each offense under review. The analysis often turns on whether prosecutors can establish the required intent and knowing involvement in deceptive conduct, rather than only poor judgment or a failed investment.

Depending on the allegations, potential exposure can extend <a title="white collar crime" href="/white-collar-criminal-defense/" data-wpel-link="internal">beyond securities fraud to wire fraud</a>, conspiracy and money laundering. A complete assessment should also address possible penalties and any effort to seize or forfeit property linked to the alleged proceeds.

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]Attorney,<a title="Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal"> Jeffrey Chabrowe</a>, has over 25 years of experience in criminal defense, including white collar cases. As a Manhattan former prosecutor, he knows how the other side works. He puts those skills to work in defending his clients. Call his office today at [nap_phone id="LOCAL-CT-NUMBER-Local"]. <em>Please leave a message with your contact information and he will call you back about your consultation.</em> [/author_info] [/author]]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[The most historic Ponzi scheme in New York]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/07/the-most-historic-ponzi-scheme-in-new-york/" />
            <id>https://www.chabrowe.com/?p=50284</id>
            <updated>2026-07-16T12:58:49Z</updated>
            <published>2026-07-08T14:14:24Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[New York has seen many financial scandals, but few compare to the Bernie Madoff Ponzi scheme. For decades, Bernard Madoff built a reputation as a trusted Wall Street figure. He ran a major securities firm and became known as a respected investment adviser and former Nasdaq chairman. Behind that reputation, however, was one of the largest and most damaging frauds…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/07/the-most-historic-ponzi-scheme-in-new-york/"><![CDATA[New York has seen many financial scandals, but few compare to the Bernie Madoff Ponzi scheme. For decades, <a title="wikipedia of Bernie Madoff" href="https://en.wikipedia.org/wiki/Bernie_Madoff" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Bernard Madoff</a> built a reputation as a trusted Wall Street figure. He ran a major securities firm and became known as a respected investment adviser and former Nasdaq chairman.

Behind that reputation, however, was one of the largest and most damaging frauds in modern financial history.

[ez-toc]

<img class="aligncenter size-full wp-image-50286" src="/wp-content/uploads/sites/1203455/2026/07/ponzi-scheme-concept-adobestock1038445156-blog.jpg" alt="Visual Representation of Interconnected Growth Depicting the Mechanics of a Ponzi Scheme
By NanzXy on Adobe Stock (licensed)" width="966" height="224" />
<h2>How a Ponzi scheme works</h2>
A Ponzi scheme uses money from new investors to pay earlier investors. Instead of earning real profits through legitimate investments, the operator creates the appearance of success by moving money between accounts. As long as new money keeps coming in, the scheme may continue. When investors ask for too much money back or new deposits slow down, the fraud can collapse.
<h2>How Madoff’s scheme stayed hidden</h2>
<a title="Bernie Madoff Case Inside history’s biggest financial crime" href="https://www.fbi.gov/history/cases-and-criminals/bernie-madoff" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Madoff’s operation</a> followed that pattern on a massive scale. Investors believed their money was being handled through a steady and sophisticated investment strategy. Many received account statements showing consistent returns, even when the market was unstable. Those statements helped maintain trust and made the business appear safer than it was.
<h2>When the fraud collapsed</h2>
The scheme unraveled in December 2008 during the financial crisis. As markets fell, more investors wanted to withdraw funds. Madoff could not meet those demands. On December 10, 2008, his sons reportedly told authorities that he had described the investment operation as a complete fraud. The next day, FBI agents arrested him. The FBI later described the case as the largest Ponzi scheme in history.

The numbers were staggering. Client account records showed nearly $65 billion, including fake gains. However, the trustee overseeing recovery efforts later estimated that actual direct investor losses were about $18 billion. Recovery efforts continued for years, with billions returned to victims through court-supervised proceedings.
<h2>The criminal case against Madoff</h2>
Madoff entered a guilty plea in March 2009. The federal charges involved several forms of <a title="financial crime" href="/white-collar-criminal-defense/" data-wpel-link="internal">financial crime</a>, including securities-related fraud, false statements, money laundering and misconduct tied to employee benefit plan funds. He acknowledged that the investment advisory side of his business had not been operating as a real investment program. In June 2009, a federal judge sentenced him to 150 years in prison, the maximum sentence allowed.

A case this large required extensive investigation, court review and victim recovery efforts. It also showed why victims of investment fraud may benefit from speaking with an attorney who understands financial misconduct, investor losses and the legal process that may follow.
<h2>Why the case still matters</h2>
The case became historic not only because of the dollar amount, but also because of who was affected. Victims included individuals, families, charities, universities, retirement funds and well-known public figures. Some investors lost their life savings. Charitable foundations were forced to close. The damage went beyond account balances because many victims had trusted Madoff for years, sometimes through personal referrals, community ties or long-standing professional relationships.

The scandal also raised serious questions about financial oversight. The Securities and Exchange Commission had received warnings and conducted reviews before the collapse, but it did not uncover the fraud in time. A later review by the SEC inspector general examined why earlier investigations failed to expose the scheme.

For New York, the Madoff case became a symbol of Wall Street’s power and risk. It showed how reputation, exclusivity and steady returns can hide warning signs. It also showed how difficult financial fraud can be to detect when investors rely on trust instead of independent verification.
<h2>Understanding your options after suspected fraud</h2>
The Madoff Ponzi scheme remains one of the most important fraud cases in New York history. It changed how many investors, regulators and lawyers view financial misconduct. More importantly, it serves as a warning that even a respected name, a polished office and years of apparent success do not guarantee that an investment is legitimate. Anyone who suspects investment fraud can take time to review their records and consider whether guidance from a lawyer may help them understand their options.

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]NYC attorney, <a title="Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a>, has over 25 years of experience in criminal defense, including white collar cases. As a former prosecutor, he knows how the other side works and puts those skills to work in defending his clients. Call his office today at [nap_phone id="LOCAL-CT-NUMBER-Local"]. Please leave a message with your contact information and he will call you back about your consultation. [/author_info] [/author]]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[The famous New York con: Selling the Brooklyn Bridge]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/07/the-famous-new-york-con-selling-the-brooklyn-bridge/" />
            <id>https://www.chabrowe.com/?p=50277</id>
            <updated>2026-07-06T15:53:00Z</updated>
            <published>2026-07-03T10:26:45Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Have you ever heard the phrase, “If you believe that, I have a bridge to sell you”? This famous saying comes from the wildest scam in American history. In the late 1800s, a man named George C. Parker actually convinced people that he owned the Brooklyn Bridge, and he sold it to them for thousands of dollars. Parker is widely…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/07/the-famous-new-york-con-selling-the-brooklyn-bridge/"><![CDATA[Have you ever heard the phrase, "If you believe that, I have a bridge to sell you"? This famous saying comes from the wildest scam in American history. In the late 1800s, a man named George C. Parker actually convinced people that he owned the Brooklyn Bridge, and he sold it to them for thousands of dollars. Parker is widely considered the biggest con artist in New York history.
<h2>How the Great Bridge scam worked</h2>
<img class="alignright size-medium wp-image-50282" src="/wp-content/uploads/sites/1203455/2026/07/brooklyn-bridge-sketch-adobestock480555273-300x247.jpg" alt="New York bridge, sketch illustration.
By Tatiana on Adobe Stock" width="300" height="247" />George C. Parker started his life of crime right after he finished high school in 1880. For over forty years, he targeted vulnerable people, especially wealthy immigrants who just arrived in New York. Parker knew these newcomers did not understand how American law and property ownership worked. He set up fake offices that looked completely official and wore impressive disguises. Parker often pretended to be a wealthy property owner or a government agent to win the trust of his victims.
To pull off the scam, Parker <a href="https://history.howstuffworks.com/history-vs-myth/con-artists.htm" target="_blank" rel="noopener noreferrer" data-wpel-link="external">created fake documents</a>, maps and property deeds that looked authentic. He even hired fake lawyers and clerks to hang around his office to make his business look real. He would take a victim to the Brooklyn Bridge, show them the fake paperwork and sell them the landmark. Some victims even tried to set up toll booths on the bridge before the police stopped them. Parker did not stop with the bridge; he also "sold" the Statue of Liberty, Madison Square Garden and Grant’s Tomb.
<h2>He was finally caught</h2>
The <a href="https://history.howstuffworks.com/historical-figures/conman-sold-brooklyn-bridge.htm" target="_blank" rel="noopener noreferrer" data-wpel-link="external">police eventually caught up with Parker.</a> The state of New York charged him with fraud and forgery. Parker went to prison multiple times, and he even escaped once by stealing a sheriff's coat and hat. In 1928, a court sentenced him to life in prison at Sing Sing, which finally stopped his decades of trickery.

Facing accusations of fraud, forgery and grand larceny can ruin your life and strip away your freedom. New York prosecutors push for heavy prison sentences in fraud cases, and the legal system is very complicated to handle alone. A defense lawyer protects your rights, challenges fake evidence and fights for your freedom in court. If the police accuse you of a financial crime, you should contact a <a href="https://www.chabrowe.com/white-collar-criminal-defense/" data-wpel-link="internal">criminal defense attorney immediately</a> to build a strong strategy.

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]Attorney <a title="attorney Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a> has over 25 years of experience in white collar defense. Call [nap_phone id="LOCAL-CT-NUMBER-Local"] and leave a voicemail. We will get back to you shortly. Or contact us <a href="#form">online</a> to request an initial consultation. [/author_info] [/author]

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[Can mental health play a role in fraud allegations?]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/07/can-mental-health-play-a-role-in-fraud-allegations/" />
            <id>https://www.chabrowe.com/?p=50268</id>
            <updated>2026-06-25T18:50:57Z</updated>
            <published>2026-07-02T18:34:01Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Fraud cases often sound straightforward: someone lies, someone loses money and prosecutors file charges. In practice, fraud allegations can involve complex questions about intent, judgment and capacity. Mental health can be relevant because many fraud offenses require proof that the accused acted knowingly and with a specific purpose to deceive. When a mental illness affects a person’s ability to form…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/07/can-mental-health-play-a-role-in-fraud-allegations/"><![CDATA[Fraud<span style="font-weight: 400;"> cases often sound straightforward: someone lies, someone loses money and prosecutors file charges. In practice, fraud allegations can involve complex questions about intent, judgment and capacity. Mental health can be relevant because many fraud offenses require proof that the accused acted knowingly and with a specific purpose to deceive. When a mental illness affects a person’s ability to form that intent or understand the nature of their conduct, it may shape both the defense strategy and the outcome.</span>
<h2><span style="font-weight: 400;">What is fraud in criminal law?</span></h2>
<span style="font-weight: 400;">Fraud is generally the intentional use of deception to obtain money, property, services or another benefit, or to cause a loss to someone else. While definitions vary by jurisdiction and by statute, most fraud crimes share common elements: a misrepresentation or concealment of a material fact, reliance by the victim and a resulting benefit or harm. Importantly, fraud is not usually about a mistake or poor business decision. It is about purposeful dishonesty. Establishing dishonest behavior is </span><a title="Article - What’s Intent Got to Do With It?" href="https://www.acfe.com/fraud-resources/fraud-examiner-archives/fraud-examiner-article?s=whats-intent-got-to-do-with-it" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">not always an easy task</span></a><span style="font-weight: 400;">.</span>
<h2><span style="font-weight: 400;">Where can mental health intersect with fraud allegations?</span></h2>
<span style="font-weight: 400;">Mental illness can serve as a hurdle when prosecution is looking to establish dishonest behavior but it is important to note that it does not automatically excuse alleged fraud. However, it can be relevant to whether the prosecution can establish the required mental state. Examples could include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Lack of specific intent: </b><span style="font-weight: 400;">Certain conditions can impair reasoning, reality testing or impulse control, which may undermine the claim that the person acted with a deliberate plan to deceive.  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Diminished capacity arguments: </b><span style="font-weight: 400;">In some jurisdictions, evidence of mental impairment may challenge whether the defendant could form the precise intent required for the charged offense.  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Competency to stand trial:</b><span style="font-weight: 400;"> A defendant must be able to understand the proceedings and assist counsel. If not, the case may pause for treatment until competency is restored.</span></li>
</ul>
<span style="font-weight: 400;">These issues are fact driven and typically require clinical records, expert evaluation and careful alignment with the </span><a title="Cornell Law School fraud info" href="https://www.law.cornell.edu/wex/fraud" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">legal elements of the charge</span></a><span style="font-weight: 400;">.</span>
<h2><span style="font-weight: 400;">How can mental illness serve as a defense?</span></h2>
<span style="font-weight: 400;">Mental health defenses are not one size fits all. They depend on the jurisdiction, the diagnosis and the timeline of symptoms relative to the alleged conduct. In some cases, the defense may argue that a severe mental disease prevented the defendant from understanding the wrongfulness of the conduct or the nature of the act. This approach requires credible expert testimony and they can carry strategic tradeoffs, including disclosure of sensitive medical information.</span>

<span style="font-weight: 400;">Mental health can play a </span><a title="fraud defense" href="/white-collar-criminal-defense/" data-wpel-link="internal"><span style="font-weight: 400;">meaningful role in fraud allegations</span></a><span style="font-weight: 400;"> because fraud typically hinges on intent. A well prepared defense evaluates both the legal elements and the clinical realities, using mental health evidence where it legitimately informs intent, competency or culpability.</span>

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]Lawyer <a title="attorney Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a> has over two decades of experience in criminal defense including those facing fraud charges. Call [nap_phone id="LOCAL-CT-NUMBER-Local"] or contact him <a href="#form">online</a> to request an initial consultation. [/author_info] [/author]]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[Federal mail fraud: understanding charges, penalties, and defense strategies]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/07/federal-mail-fraud-understanding-charges-penalties-and-defense-strategies/" />
            <id>https://www.chabrowe.com/?p=50280</id>
            <updated>2026-07-06T15:28:08Z</updated>
            <published>2026-07-02T03:10:01Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[What appears to be a local business dispute or billing disagreement can become a federal criminal matter the moment a commercial carrier is involved. Mail fraud charges carry penalties of up to 20 years per count, and prosecutors have significant flexibility in how they apply them. When individuals or businesses face white-collar investigations, federal mail fraud is one of the…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/07/federal-mail-fraud-understanding-charges-penalties-and-defense-strategies/"><![CDATA[What appears to be a local business dispute or billing disagreement can become a federal criminal matter the moment a commercial carrier is involved. Mail fraud charges carry penalties of up to 20 years per count, and prosecutors have significant flexibility in how they apply them.

When individuals or businesses face white-collar investigations, federal mail fraud is one of the statutes most frequently deployed by the Department of Justice. Because private interstate carriers cross state lines continuously, conduct that appears local can quickly become a high-stakes federal case.
<h2>The legal framework: 18 U.S.C. § 1341</h2>
<a href="https://www.law.cornell.edu/uscode/text/18/1341" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Federal mail fraud</a> is codified under 18 U.S.C. § 1341. To obtain a conviction, the government must prove two core elements beyond a reasonable doubt:
<ul>
 	<li aria-level="1"><strong>A scheme to defraud:</strong> The defendant devised or participated in a deliberate scheme to obtain money, property, or honest services from another party through false pretenses or fraudulent misrepresentations.</li>
 	<li aria-level="1"><strong>Use of the mail:</strong> The defendant used the U.S. Postal Service or a private interstate commercial carrier such as FedEx or UPS to execute or advance the scheme.</li>
</ul>
Importantly, the mailing itself does not need to contain any false statements. As long as using the mail was an integral step in carrying out the scheme, federal jurisdiction attaches. Each individual mailing may also be charged as a separate count, which can rapidly expand a defendant's total legal exposure.

One important nuance involves "honest services" fraud, which extends mail fraud to schemes that deprive another party of honest services. The Supreme Court's decision in <a href="https://www.law.cornell.edu/supct/html/08-1394.ZO.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Skilling v. United States</a> (2010) significantly narrowed this theory, limiting it primarily to bribery and kickback schemes rather than undisclosed self-dealing.
<h2>Penalties and sentencing enhancements</h2>
A standard mail fraud conviction carries a maximum sentence of 20 years in federal prison per count, along with substantial fines. Two specific circumstances trigger enhanced penalties:
<ul>
 	<li aria-level="1"><strong>Financial institution fraud:</strong> If the scheme targets or affects a federally insured financial institution, the maximum sentence increases to 30 years per count.</li>
 	<li aria-level="1"><strong>Disaster fraud:</strong> If the conduct occurs in connection with a presidentially declared major disaster or emergency, enhanced penalties also apply.</li>
</ul>
Actual sentences are calculated using the Federal Sentencing Guidelines, which weigh factors including the total financial loss caused or intended, the number of victims, and the sophistication of the scheme. These calculations can push recommended sentences significantly above what many defendants anticipate.
<h2>Defense strategies in federal mail fraud cases</h2>
Defending against a mail fraud indictment requires addressing the government's evidence at both the procedural and substantive levels. Two of the most common defense approaches are:
<ul>
 	<li aria-level="1"><strong>Good faith defense:</strong> Demonstrating that the defendant had an honest belief in the legitimacy of their conduct negates the specific intent to defraud, which is a required element of the offense. Reliance on professional advice or third-party data can support this defense.</li>
 	<li aria-level="1"><strong>Suppression motions:</strong> If investigators obtained evidence through overbroad search warrants or improper digital seizures, a motion to suppress can exclude that evidence from trial, potentially undermining the government's case before it reaches a jury.</li>
</ul>
Given the complexity of federal white-collar prosecutions and the severity of potential sentences, retaining <a href="/white-collar-criminal-defense/" target="_blank" rel="noopener" data-wpel-link="internal">experienced federal criminal defense</a> counsel as early as possible, ideally before charges are formally filed, gives defendants the strongest foundation for an effective defense.

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]Attorney <a title="attorney Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a> has over 25 years of experience in criminal defense including mail fraud charges. Call [nap_phone id="LOCAL-CT-NUMBER-Local"] and leave a voicemail. We will get back to you shortly. Or contact us <a href="#form">online</a> to request an initial consultation. [/author_info] [/author]

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[Don&#8217;t let police track your data: Your new geofencing rights]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/07/dont-let-police-track-your-data-your-new-geofencing-rights/" />
            <id>https://www.chabrowe.com/?p=50279</id>
            <updated>2026-07-16T19:31:10Z</updated>
            <published>2026-07-01T13:09:01Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Police have increasingly used technology to track people near a crime scene. A new U.S. Supreme Court case, Chatrie v. United States, clarified how your rights apply to the practice known as geofencing. The ruling supports your Fourth Amendment right to privacy for your phone’s location history. What is a geofence warrant? A geofence warrant lets police draw a digital…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/07/dont-let-police-track-your-data-your-new-geofencing-rights/"><![CDATA[<img class="aligncenter size-full wp-image-50289" src="/wp-content/uploads/sites/1203455/2026/07/geofence-adobestock1326853514-b.jpg" alt="AI concept of geofence" width="900" height="228" />

Police have increasingly used technology to track people near a crime scene. A new U.S. Supreme Court case, <a title="geofence case Chatrie v. United States" href="https://epic.org/documents/chatrie-v-united-states/" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><em>Chatrie v. United States</em></a>, clarified how your rights apply to the practice known as geofencing. The ruling supports your Fourth Amendment right to privacy for your phone's location history.
<h2>What is a geofence warrant?</h2>
A geofence warrant lets police draw a digital border around a certain place and time. They then give the warrant to a tech company such as Google, requesting data on all users whose phones were within that "fence." This tool can help find suspects or witnesses in old cases.

The main problem with these warrants is that they are too wide. They gather location data on everyone in an area. This includes people just walking by, living nearby or visiting a shop. This raises serious privacy questions for many innocent people.
<h2>The Supreme Court's view on digital privacy</h2>
To answer these privacy questions, the Supreme Court held that obtaining location data through a geofence warrant constitutes a "search" under the Fourth Amendment. With this determination, the court sent the case to a lower court. That court must now decide whether the search was "reasonable" and whether it met the Constitution's requirements for probable cause and particularity.

This ruling shows that the Fourth Amendment's rules apply to this tech. It confirms people have a real right to privacy for the large amount of location data their phones collect. The government cannot get this data without a good reason.
<h2>How this decision impacts criminal investigations</h2>
This rule changes how police can run investigations that use location data. Police may now need to be clearer in their warrant requests. They may have to shrink the time and area to avoid getting data from people not involved. The idea of "searching first and finding suspects later" now faces a big challenge.

Because of this, courts may exclude evidence obtained under a geofence warrant that is too broad. Defense lawyers in New York and across the U.S. can now use this ruling to <a title="criminal defense attorney in New York" href="/criminal-defense/" data-wpel-link="internal">challenge these digital searches</a>.
<h2>What the ruling means for your rights</h2>
The Supreme Court's decision is a big step for digital privacy. It shows that your Fourth Amendment rights against unfair searches cover the detailed location history on your phone. The ruling gives people a stronger case to fight broad government tracking.

It shows that as tech changes, our rights must change with it. Your private data is not an open book for the police just because another company stores it.

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]New York City defense lawyer, <a title="Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a>, has over 25 years of experience. He is a former prosecutor, therefore he knows how the other side works and puts those skills to work in defending his clients. Call his office today at [nap_phone id="LOCAL-CT-NUMBER-Local"]. Please leave a message with your contact information and he will call you back about your consultation. [/author_info] [/author]]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[What is at stake when facing allegations of counterfeit art?]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/06/what-is-at-stake-when-facing-allegations-of-counterfeit-art/" />
            <id>https://www.chabrowe.com/?p=50254</id>
            <updated>2026-06-25T19:15:07Z</updated>
            <published>2026-06-30T19:40:27Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Allegations tied to selling or attempting to sell counterfeit artwork, are about more than a dispute over the authenticity of a work of art. These claims can result in allegations of criminal wrongdoing. Federal prosecutors often view art fraud as a sophisticated financial crime involving deception, interstate commerce and sometimes international transactions. The result can be serious criminal charges, aggressive…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/06/what-is-at-stake-when-facing-allegations-of-counterfeit-art/"><![CDATA[Allegations<span style="font-weight: 400;"> tied to selling or attempting to sell counterfeit artwork, are about more than a dispute over the authenticity of a work of art. These claims can result in allegations of criminal wrongdoing. Federal prosecutors often view art fraud as a sophisticated financial crime involving deception, interstate commerce and sometimes international transactions. The result can be serious criminal charges, aggressive investigations and penalties that extend well beyond repayment.</span>
<h2><span style="font-weight: 400;">Federal charges commonly tied to counterfeit artwork schemes</span></h2>
<span style="font-weight: 400;">The specific charges depend on what the government believes you did, what you intended and how they claim you carried out the transaction. Common examples include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Wire fraud:</b><span style="font-weight: 400;"> Allegations must </span><a title="Elements of wire fraud" href="https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">meet specific elements</span></a><span style="font-weight: 400;"> to establish the use of email, online listings, electronic payments or phone calls to further a scheme to defraud.  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Mail fraud:</b><span style="font-weight: 400;"> Similar to wire fraud but focused on use of the postal service or private carriers to ship works, certificates or invoices.  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Conspiracy:</b><span style="font-weight: 400;"> Allegations that two or more people agreed to commit an offense and took steps to advance it, even if a sale did not close.  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Money laundering: </b><span style="font-weight: 400;">Allegations that proceeds moved through accounts, intermediaries or structured transactions to conceal source or ownership.  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Interstate transportation of stolen property:</b><span style="font-weight: 400;"> Sometimes charged when prosecutors characterize the work or proceeds as fraudulently obtained property moved across state lines.</span></li>
</ul>
<span style="font-weight: 400;">When </span><a title="How a father and daughter duped NYC&#039;s art world with fake Warhols and Banksys" href="https://www.npr.org/2026/04/30/g-s1-119482/how-a-father-and-daughter-duped-nycs-art-world-with-fake-warhols-and-banksys" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">building a case</span></a><span style="font-weight: 400;">, the government often stacks charges to increase leverage, especially where there are multiple buyers, repeated transactions or high dollar values.</span>
<h2><span style="font-weight: 400;">Why these allegations are severe</span></h2>
<span style="font-weight: 400;">Federal counterfeit art cases are rarely framed as a simple mistake. Prosecutors typically focus on intent, patterns and documentation such as appraisals and communications with galleries or collectors. Sentencing exposure can rise quickly based on loss amount, number of victims and the sophistication of the conduct.</span>

<span style="font-weight: 400;">Penalties vary by charge but can include substantial prison exposure, supervised release, forfeiture, restitution and steep fines. Even without a conviction, investigations can disrupt employment, finances and reputation.</span>

<span style="font-weight: 400;">Your next steps should be strategic: preserve records and avoid discussing the case with buyers or witnesses. It is important to seek legal counsel with </span><a title="in the press" href="/in-the-press/" data-wpel-link="internal"><span style="font-weight: 400;">experience in these types of cases</span></a><span style="font-weight: 400;">, as it is a unique area of criminal law. Early, careful action can help to better protect your legal rights.</span>

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]Attorney <a title="attorney Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a> has over 25 years of experience in criminal defense including those facing counterfeit charges. Call [nap_phone id="LOCAL-CT-NUMBER-Local"] and leave a voicemail. We will get back to you shortly. Or contact us <a href="#form">online</a> to request an initial consultation. [/author_info] [/author]

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[Accused of being a con artist? What you need to know]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/06/accused-of-being-a-con-artist-what-you-need-to-know/" />
            <id>https://www.chabrowe.com/?p=50271</id>
            <updated>2026-06-30T19:46:52Z</updated>
            <published>2026-06-29T16:55:38Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Being accused of acting as a “con artist” is a serious situation with significant legal consequences. While many people associate the term with simple online scams, true fraud involves elaborate, calculated schemes to steal money or manipulate others. When these actions cross the line into federal offenses—such as wire fraud—the government often intervenes with extensive investigations. Understanding the risks and…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/06/accused-of-being-a-con-artist-what-you-need-to-know/"><![CDATA[Being accused of acting as a "con artist" is a serious situation with significant legal consequences. While many people associate the term with simple online scams, true fraud involves elaborate, calculated schemes to steal money or manipulate others. When these actions cross the line into federal offenses—such as wire fraud—the government often intervenes with extensive investigations. Understanding the risks and the aggressive nature of federal prosecution is essential for anyone facing these types of allegations.
<h2>The federal government and wire fraud</h2>
When a con artist defraud people, federal agencies like the FBI will step in. High-profile fraudsters like Jay Mazini and Sam Bankman-Fried made headlines for major financial crimes. Mazini used his social media fame to <a title="Instagram Influencer Known as “Jay Mazini” Sentenced to 84 Months in Prison for Overlapping Fraud Schemes" href="https://www.justice.gov/usao-edny/pr/instagram-influencer-known-jay-mazini-sentenced-84-months-prison-overlapping-fraud-0" target="_blank" rel="noopener noreferrer" data-wpel-link="external">trick investors out of millions of dollars.</a> While prosecutors can charge these individuals with many different crimes, they almost always use wire fraud.

Wire fraud is the broadest federal charge because it covers any deception, hoax, ruse or stratagem that uses a phone, a computer, or electronic communication to defraud someone (18 U.S. Code Section 1343). If a person uses Instagram or email to execute a scam, they commit<a title="Wire fraud" href="https://www.findlaw.com/criminal/criminal-charges/wire-fraud.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external"> wire fraud.</a> Because massive con schemes rely on moving money across state lines, federal prosecutors use this charge to secure severe penalties.
<h2>How federal authorities investigate con schemes</h2>
The FBI uses specific steps to investigate and catch fraudsters and <a title="What happens when the FBI finds a “catfish”" href="/blog/2025/03/what-happens-when-the-fbi-finds-a-catfish/" data-wpel-link="internal">build a case under federal law:</a>
<ul>
 	<li>Investigators analyze bank records to track the flow of stolen money.</li>
 	<li>Agents collaborate with financial institutions to uncover money laundering.</li>
 	<li>Prosecutors prove the suspect created a scheme with material lies.</li>
 	<li>The government obtains warrants to seize computers and smartphones.</li>
 	<li>Officers search physical buildings and arrest the target legally.</li>
 	<li>Attorneys present evidence to a grand jury to secure an indictment.</li>
 	<li>The court system freezes assets to recover funds for the victims.</li>
</ul>
Federal prosecutors must prove every single element of the crime during a trial. A conviction can result in decades of prison time and massive fines.
<h2>Why you need a lawyer</h2>
The government has unlimited resources to build a case against you. An experienced and knowledgeable criminal defense attorney can protect your rights, check if the FBI gathered evidence legally, and speak to prosecutors for you. If federal agents contact you, remain silent and call a white collar criminal defense lawyer immediately.

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]<a title="attorney Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a> has decades of experience in <a title="white collar criminal defense" href="/white-collar-criminal-defense/" data-wpel-link="internal">criminal defense</a> including defending those facing fraud charges. Call [nap_phone id="LOCAL-CT-NUMBER-Local"] and leave our office a voicemail to request a consultation. [/author_info] [/author]

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Jeffrey Chabrowe</name>
				            </author>
            <title type="html"><![CDATA[Elements of a federal mail fraud charge: Here’s what you need to know]]></title>
            <link rel="alternate" type="text/html" href="https://www.chabrowe.com/blog/2026/06/elements-of-a-federal-mail-fraud-charge-heres-what-you-need-to-know/" />
            <id>https://www.chabrowe.com/?p=50270</id>
            <updated>2026-06-30T14:18:58Z</updated>
            <published>2026-06-29T13:54:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Mail fraud is a federal offense that carries serious consequences, including potential prison time and hefty fines. Federal prosecutors in New York pursue these cases aggressively and the charges can arise from a surprisingly wide range of situations.  If you or someone you know faces a mail fraud investigation or charge, knowing what the government actually needs to prove can…]]></summary>
			                <content type="html" xml:base="https://www.chabrowe.com/blog/2026/06/elements-of-a-federal-mail-fraud-charge-heres-what-you-need-to-know/"><![CDATA[<span style="font-weight: 400;">Mail fraud is a federal offense that carries serious consequences</span><span style="font-weight: 400;">,</span><span style="font-weight: 400;"> including potential prison time </span><span style="font-weight: 400;">and</span><span style="font-weight: 400;"> hefty fines. Federal prosecutors in New York pursue these cases aggressively and the charges can arise from a surprisingly wide range of situations. </span>

<span style="font-weight: 400;">If you or someone you know faces a mail fraud investigation or charge, knowing what the government actually needs to prove can help you make sense of your situation. The law sets out specific elements that prosecutors must establish before a conviction can occur.</span>
<h2><span style="font-weight: 400;">What prosecutors must prove in a mail fraud case</span></h2>
<span style="font-weight: 400;">Mail fraud falls under federal law, specifically <a title="US law - mail fraud" href="https://www.justice.gov/archives/jm/criminal-resource-manual-940-18-usc-section-1341-elements-mail-fraud" target="_blank" rel="noopener noreferrer" data-wpel-link="external">18 U.S.C. § 1341</a>, and the government carries the burden of proving each element beyond a reasonable doubt. Each element presents its own legal questions and potential defense angles.</span>
<ul>
 	<li><span style="font-weight: 400;"><strong> A scheme to defraud:</strong> Prosecutors must show that you participated in a deliberate plan to deceive someone in order to obtain money or property.</span></li>
 	<li><span style="font-weight: 400;"><strong> Material misrepresentation:</strong> The scheme must involve a false statement or a concealment of fact that a reasonable person would consider important when making a decision.</span></li>
 	<li><span style="font-weight: 400;"><strong> Intent to defraud:</strong> The government must prove that you acted with a specific intent to deceive — an honest mistake does not satisfy this requirement.</span></li>
 	<li><span style="font-weight: 400;"><strong> Use of the mail:</strong> Prosecutors must show that you used the U.S. Postal Service or a private carrier such as FedEx or UPS to carry out the scheme.</span></li>
 	<li><span style="font-weight: 400;"><strong> Connection to the scheme:</strong> The mailing itself must directly advance the fraudulent plan rather than simply occur alongside it.</span></li>
</ul>
<span style="font-weight: 400;">These five elements work together, and prosecutors must establish all of them to secure a conviction.</span>
<h2><span style="font-weight: 400;">Why the details behind each element matter</span></h2>
<span style="font-weight: 400;">A mail fraud charge can appear straightforward on the surface, but each element involves factual and legal questions that courts examine closely. The intent element alone raises significant issues — prosecutors must show that you acted knowingly and deliberately, not carelessly or by accident. The mailing element also draws careful scrutiny, since courts look at whether the communication genuinely furthered the alleged scheme. A gap or weakness in any single element can carry real weight in how a case develops.</span>

<span style="font-weight: 400;">Facing a <a title="federal crimes" href="/criminal-defense/federal-crimes/" data-wpel-link="internal">federal charge in Manhattan</a> puts a great deal on the line, and the stakes call for a clear-headed approach. Connecting with a knowledgeable criminal defense </span><span style="font-weight: 400;">attorney</span><span style="font-weight: 400;"> who handles federal cases could prove to be one of the most important steps you take.</span>

<hr />

[author] [author_image timthumb='on']/wp-content/uploads/sites/1203455/2023/02/circle-jeffrey.jpg[/author_image] [author_info]Defense attorney <a title="attorney Jeffrey Chabrowe" href="/attorney/chabrowe-jeffrey/" data-wpel-link="internal">Jeffrey Chabrowe</a> has decades of experience defending those facing mail fraud charges. Call [nap_phone id="LOCAL-CT-NUMBER-Local"] and leave our office a voicemail to request a consultation. [/author_info] [/author]

&nbsp;]]></content>
						        </entry>
	</feed>