Facing fraud or identity theft charges in New York is a serious matter that can carry lifelong consequences. From felony convictions to federal investigations, these white collar crimes are aggressively prosecuted – and for noncitizens, the immigration consequences can be just as severe. If you are under investigation or have been arrested in Manhattan or elsewhere in New York City, it’s essential to understand your rights and secure experienced legal representation.
At The Law Office of Yifei He, PLLC, we provide defense strategies tailored to both U.S. citizens and immigrants, combining extensive experience in both criminal and immigration law.
What Constitutes Fraud or Identity Theft in New York?
Fraud is a broad category under New York Penal Law that includes knowingly deceiving someone for financial or personal gain. Identity theft involves unlawfully using someone else’s personal information – such as a Social Security number, credit card, or online credentials – without their consent.
Examples of fraud-related offenses in New York include:
- Credit card fraud
- Insurance fraud
- Check fraud or bank fraud
- Welfare fraud
- Mortgage fraud
- Forging identification documents
- Unemployment fraud
- Healthcare provider billing fraud
- Tax evasion
- Online or cyber fraud
Identity theft offenses are typically charged under sections like Penal Law 190.78, 190.79, or 190.80, depending on the amount and the number of victims.
Learn more about white collar crime defense from our firm.
Relevant New York Penal Law Charges for Fraud and Identity Theft
Below is a list of specific New York Penal Law charges commonly used in fraud and identity theft prosecutions:
Identity Theft Charges
• Penal Law § 190.78 – Identity Theft in the Third Degree
• Penal Law § 190.79 – Identity Theft in the Second Degree
• Penal Law § 190.80 – Identity Theft in the First Degree
• Penal Law § 190.81 – Unlawful Possession of Personal Identification Information in the Third Degree
• Penal Law § 190.82 – Unlawful Possession of Personal Identification Information in the Second Degree
• Penal Law § 190.83 – Unlawful Possession of Personal Identification Information in the First Degree
Fraud Charges
• Penal Law § 155.25 – Petit Larceny
• Penal Law §§ 155.30-155.42 – Grand Larceny (Fourth through First Degree)
• Penal Law § 170.10 – Forgery in the Second Degree
• Penal Law § 170.25 – Criminal Possession of a Forged Instrument in the Second Degree
• Penal Law §§ 158.10-158.55 – Welfare Fraud (Fifth through First Degree)
• Penal Law §§ 176.10-176.35 – Insurance Fraud (Fifth through First Degree)
• Penal Law § 190.60 – Scheme to Defraud in the Second Degree
• Penal Law § 190.65 – Scheme to Defraud in the First Degree
• Penal Law §§ 190.05-190.25 – False Personation, Criminal Impersonation, Offering a False Instrument for Filing
• Penal Law § 195.20 – Offering a False Instrument for Filing in the First Degree
• Penal Law §§ 175.10-175.30 – Falsifying Business Records (Second and First Degree)
• Tax Law §§ 1802-1806 – Criminal Tax Fraud (Fifth through First Degree)
Learn more about these NY Penal Laws here.
These charges can vary in severity and classification depending on the facts of each case, and they carry a range of penalties under New York State law. If you’re facing any of the above charges, it’s crucial to contact a qualified attorney immediately.
Penalties for Fraud and Identity Theft in New York
These offenses can be prosecuted as misdemeanors or felonies, depending on the amount stolen, number of victims, and the defendant’s criminal history.
Possible consequences include:
- Restitution to victims
- Heavy fines
- Probation
- Prison sentences ranging from one year to more than ten years
- A permanent criminal record
- Asset forfeiture or seizure
Many cases are prosecuted at the state level, but larger fraud or multi-state identity theft can trigger federal charges, involving agencies like the FBI, Secret Service, or IRS.
Immigration Consequences of Fraud or Identity Theft
Fraud-related convictions are among the most dangerous for noncitizens. They are often classified as crimes involving moral turpitude (CIMTs) and can be considered aggravated felonies, especially if the loss to the victim exceeds $10,000.
Convictions can lead to:
- Denial of green card or citizenship
- Deportation
- Inadmissibility for reentry
- Permanent bars on adjustment of status
- ICE detention and removal proceedings
We are one of the few law firms in New York that provide true crimmigration defense – defending your criminal case while protecting your immigration future.
How We Defend Against Fraud and Identity Theft Charges
At The Law Office of Yifei He, PLLC, we take a strategic and thorough approach to fraud defense:
- Challenging the evidence and intent to defraud
- Analyzing search warrants, digital evidence, and forensic reports
- Negotiating plea deals that avoid immigration consequences
- Exploring alternatives to incarceration such as diversion programs
- Pursuing post-conviction relief if immigration status is at risk
If you’ve already been convicted of a fraud-related offense and are now facing immigration action, we can assist with post-conviction appeals and waivers of inadmissibility.
Arrested in Manhattan or Anywhere in NYC? Here’s What to Do
Do not speak to investigators or sign any documents without legal representation. Fraud cases often involve long investigations and complex digital evidence. A strong legal defense early in the process can make the difference between dismissal and conviction.
We represent clients throughout:
- Manhattan (including Manhattan)
- Queens
- Brooklyn
- The Bronx
- Staten Island
We also handle federal fraud cases in the Southern and Eastern Districts of New York.
- Start your defense today:
Schedule a confidential consultation or call 917-338-7678
More Resources from Our Legal Team
- White Collar Crime Overview
- ICE Detention and Deportation Defense
- What to Do If You Are Arrested as a Noncitizen
- Client Testimonials
Fraud and identity theft charges are serious – don’t leave your future to chance. Whether you’re a professional, a small business owner, or a noncitizen concerned about your immigration status, The Law Office of Yifei He, PLLC provides the defense strategy you need.
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