NYC Criminal Defense Lawyer
Contact Julie Rendelman Today For A Free Consultation:
Contact Julie Rendelman Today For A Free Consultation:
While the U.S. Constitution guarantees your right to freedom from unreasonable search and seizure, there continue to be instances where law enforcement officers violate that right, either through negligence or simple and willful disregard. The result is a huge—and growing—body of law that focuses on interpreting when and under what conditions a search and seizure is reasonable.
Federal District Court Judge Alison J. Nathan recently sent a strong message to prosecutors and the police when she granted a motion by New York City financier Benjamin Wey to suppress all evidence seized during a 2012 search of his home and office. If her ruling is upheld, then it could make it highly difficult to prove the stock manipulation and money laundering charges that were filed against Wey in 2015.
Under the Fourth Amendment, a warrant is required to “particularly” describe the premises to be searched and the items seized. This is a relatively simple matter when easily identifiable items such as weapons and drugs are the focus of the search, but white collar matters like fraud are more complicated because nearly any written or electronic record could be related to the case being investigated. As a result, the descriptions for seizable records in a white collar matter tend to be more general.
In Mr. Wey’s case, the government obtained warrants to search his apartment and his company offices for evidence that he manipulated the shares of companies involved in mergers with businesses based in China. The warrants called for the seizure of computers, tablets, and any electronic devices that could potentially contain records related to the alleged fraud.
Judge Nathan found that these warrants failed in properly specifying crimes that were allegedly committed. As a result, the necessary limitation on the types of records subject to seizure was not present.
When seeking the warrant, an FBI agent had submitted an affidavit that gave a reasonable description of the crimes being investigated, but it was not incorporated into the warrant to create parameters for the search. Consequently, the parties executing the warrant seized almost as much as they could carry, including items with no obvious connection to the case, such as family photographs and passports.
In her ruling, Judge Nathan found that failure to reference the alleged crimes was enough to invalidate the warrants and turn the search into a violation of Mr. Wey’s Fourth Amendment rights. The decision sends a clear and definite message to those investigating and prosecuting white collar criminal investigations: use caution when employing a search warrant as an evidence-gathering medium. Failure to pay proper attention to both the writing and execution of the warrants can result in a serious setback for the case.
If you are charged with a white collar crime on the basis of an illegal search and seizure, then contact a New York criminal defense attorney who can help ensure that any violation of your rights can never be used against you later on. Julie Rendelman is a New York City criminal defense attorney and a former prosecutor with more than 20 years of legal experience. Ms. Rendelman’s office is conveniently located in Midtown Manhattan. If you have been charged with a crime or if you are concerned that you may be, then it is in your best interest to hire a lawyer. Call 212-951-1232 for a free consultation or visit www.RendelmanLaw.com to learn more.
As the Fourth of July draws ever closer, more New Yorkers are eagerly making plans for traditional holiday pastimes: getting together with family and friends, hosting lively backyard barbecues and, above all, lighting fireworks. One might argue that no celebration of the Fourth is complete without the latter. When it comes to private fireworks shows,… Continue Reading
The Foreign Corrupt Practices Act (FCPA) is an anti-corruption law aimed at American companies that operate in international markets. When it was passed in 1977, the FCPA was the first law to make both individuals and corporations civilly and criminally liable for corruption crimes committed outside of the country. The FCPA prohibits U.S. companies and/or… Continue Reading
An estimated 4,000 New Yorkers suffer serious injury in vehicle-related accidents every year, and over 250 people die as a result of these collisions. These statistics, along with the fact that being hit by a car is the leading cause of fatal injuries for children under 14, has driven the formation of the Vision Zero Action… Continue Reading
When a New York law enforcement officer stops you for suspected DUI, and you’ve never been in trouble before, it’s normal to be intimidated or worried. After all, New York has some of the toughest laws in the country when it comes to driving under the influence of alcohol or drugs. It is important to… Continue Reading
If you have been arrested or charged with committing a criminal offense, then you need the assistance of a criminal defense attorney. Unfortunately, many people in this situation hesitate at first for reasons like the following: They don’t think they can afford professional representation They think they can get the charges dropped by telling their… Continue Reading
Assaulting a police officer is one of the more serious assault charges under New York State law. This particular crime arouses both public anger and high volumes of press coverage because the police are sworn to protect New York’s citizenry and violence against them is seen as a threat to public safety. If you are… Continue Reading
If you are found guilty of a criminal offense, then the potential consequences can be severe. They include jail time, fines, possible forfeiture of property, and a criminal record that will cause problems for you long after authorities decide that your debt to society has been paid. With so much at stake, you need to… Continue Reading
In some instances, laws can be very specific, leaving a judge with little room for interpretation. In other instances, a law can be surprisingly vague. Sometimes, over time, and as societies and their technologies evolve, laws may end up being interpreted differently. This is often the case with the penal law. One notable area is… Continue Reading
Voter fraud is a form of illegal interference with the electoral process. It comes in a variety of forms, including: Impersonating a registered voter Intimidating someone into voting as directed Fraudulent voter registrations Bribing voters and election officials to produce the desired result Destroying ballots that have already been cast Equally varied are the New… Continue Reading
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship and receipt or viewing does not constitute such relationship.
© 2017 ALL RIGHTS RESERVED.