White Collar Crime Defense in New York's Capital Region
White collar crimes — fraud, embezzlement, forgery, identity theft, money laundering — carry serious penalties including prison time, heavy fines, and restitution orders that can follow you for years. These cases are often among the most complex in criminal law, involving extensive financial records, digital evidence, and investigations that may have been building for months or years before you ever learn charges are being considered.
At Ianniello Chauvin, LLP, our defense attorneys bring more than 100 years of combined legal experience to white collar criminal defense across Saratoga Springs, Clifton Park, Albany, and Glens Falls. Our team includes former prosecutors who understand exactly how law enforcement and district attorney offices build financial crime cases — from the initial investigation through indictment and trial. That insider knowledge shapes our defense strategy from day one.
We are available 24 hours a day, 7 days a week. If you are under investigation or have been charged with a financial crime in New York, contact us for a free consultation.
White Collar Charges We Defend
New York’s Penal Law defines a wide range of financial and fraud-related offenses. The severity of the charge — and the potential penalties — often depends on the dollar amount involved and the specific circumstances. Below are the most common white collar charges we defend.
Fraud and Larceny
Larceny is the legal term for theft, and New York classifies it by the value of the property or funds involved:
- Petit Larceny (PL 155.25): Class A misdemeanor — theft of property valued under $1,000. Penalties include up to 1 year in jail.
- Grand Larceny in the Fourth Degree (PL 155.30): Class E felony — property valued over $1,000. Up to 4 years in state prison.
- Grand Larceny in the Third Degree (PL 155.35): Class D felony — property valued over $3,000. Up to 7 years in state prison.
- Grand Larceny in the Second Degree (PL 155.40): Class C felony — property valued over $50,000. Up to 15 years in state prison.
- Grand Larceny in the First Degree (PL 155.42): Class B felony — property valued over $1,000,000. Up to 25 years in state prison.
Related fraud charges include Scheme to Defraud in the First Degree (PL 190.65) and Second Degree (PL 190.60), as well as insurance fraud and securities fraud. These cases often involve allegations of systematic deception over an extended period, and the prosecution will attempt to aggregate individual transactions to reach higher charge thresholds.
Forgery
Forgery involves the creation, alteration, or possession of falsified written instruments with intent to defraud:
- Forgery in the Third Degree (PL 170.05): Class A misdemeanor — falsifying any written instrument. Up to 1 year in jail.
- Forgery in the Second Degree (PL 170.10): Class D felony — falsifying deeds, contracts, credit cards, prescriptions, or public records. Carries 2 to 7 years in state prison.
- Forgery in the First Degree (PL 170.15): Class C felony — falsifying money, securities, stamps, or government-issued instruments. Up to 15 years in state prison.
Identity Theft
Identity theft charges in New York escalate based on the scope of the conduct and the losses involved:
- Identity Theft in the Third Degree (PL 190.78): Class A misdemeanor — assuming another person’s identity to commit fraud. Up to 1 year in jail.
- Identity Theft in the First Degree (PL 190.80): Class D felony — identity theft resulting in significant financial harm. Up to 7 years in state prison.
- Unlawful Possession of Personal Identification Information (PL 190.82): Class E felony — possessing the personal identifying information of five or more people with intent to defraud. Up to 4 years in state prison.
Money Laundering
Money laundering charges carry some of the most severe penalties in New York’s white collar criminal statutes:
- Money Laundering in the Fourth Degree (PL 470.05): Class E felony — transactions involving over $5,000. Up to 4 years in state prison.
- Money Laundering in the First Degree (PL 470.20): Class B felony — transactions involving over $1,000,000. Up to 25 years in state prison.
In addition to prison time, fines for money laundering convictions can reach up to two times the value of the laundered funds — creating financial exposure that extends well beyond the criminal sentence itself.
Computer and Cyber Crimes
New York Penal Law Article 156 covers a range of computer-related offenses including unauthorized access, computer trespass, computer tampering, and unlawful duplication of computer-related material. As more financial transactions and business records move to digital systems, these charges increasingly overlap with traditional white collar offenses. Prosecutors may add computer crime charges to fraud or larceny cases when the alleged conduct involved unauthorized access to financial systems, databases, or accounts.
How We Defend White Collar Cases
White collar cases are built on paper trails, financial records, and interpretations of intent. That means there are specific, effective defense strategies that our attorneys apply based on the facts of each case.
Challenging intent. Many white collar charges require the prosecution to prove intent to defraud — not just that a financial loss occurred, but that you knowingly and deliberately caused it. Honest mistakes, good-faith business decisions, and miscommunications are not crimes. The line between a civil dispute and a criminal act is often where these cases are won or lost, and we make prosecutors prove they are on the right side of that line.
Scrutinizing the investigation. Were search warrants properly obtained? Was evidence gathered in compliance with your constitutional rights? Were financial records obtained through valid subpoenas? If law enforcement cut corners during a lengthy investigation, the evidence they collected may be subject to suppression.
Challenging the valuation of alleged losses. The specific dollar amount the prosecution claims determines whether you face a misdemeanor or a felony — and which degree of felony. We challenge their calculations, methodology, and assumptions. Inflated loss figures lead to inflated charges, and we hold the prosecution to their burden of proof on every dollar.
Forensic accounting analysis. We work with financial experts to independently review transaction records, bank statements, and accounting documents. The prosecution’s interpretation of financial data is not the only interpretation, and our experts can identify legitimate business explanations for transactions that investigators have characterized as criminal.
Negotiation and pre-indictment resolution. White collar cases frequently resolve through negotiated pleas, cooperation agreements, or pre-indictment resolutions that avoid the most serious charges. Our former-prosecutor experience gives us insight into what the DA’s office considers a reasonable resolution — and the credibility to negotiate effectively on your behalf.
Why White Collar Cases Require Specialized Defense
White collar investigations are fundamentally different from other criminal cases. They are often conducted over months or years before any charges are filed. By the time you learn you are under investigation — whether through a grand jury subpoena, an interview request from law enforcement, or a target letter — the prosecution may already have assembled extensive evidence.
Early intervention is critical. Ideally, we engage during the investigation phase, before charges are filed. At that stage, our attorneys can communicate with prosecutors, present exculpatory evidence, and argue against indictment. In many cases, the work done before charges are ever filed makes the difference between a criminal prosecution and a case that never moves forward.
White collar convictions also carry collateral consequences that extend far beyond the courtroom. Professional license revocation, loss of employment, damage to your reputation, immigration consequences, civil lawsuits, and restitution orders can follow you for years after the criminal case is resolved. An effective defense accounts for all of these consequences — not just the immediate charges.
Frequently Asked Questions About White Collar Crime Charges
Are white collar crimes always felonies in New York?
No. White collar charges range from misdemeanors to Class B felonies depending on the dollar amounts involved and the specific circumstances of the alleged conduct. For example, petit larceny (under $1,000) and forgery in the third degree are both Class A misdemeanors. However, as the alleged losses or sophistication of the offense increase, the charges escalate quickly into felony territory with significant prison exposure.
What is the difference between grand larceny and petit larceny?
The primary distinction is the dollar threshold. Theft of property valued under $1,000 is petit larceny, a Class A misdemeanor. Once the value exceeds $1,000, the charge becomes grand larceny in the fourth degree, a Class E felony. From there, the charge escalates through four felony levels — with grand larceny in the first degree (over $1,000,000) carrying up to 25 years in state prison.
Can I be charged with a crime for a business decision?
Potentially — but the prosecution must prove criminal intent beyond a reasonable doubt. Honest mistakes, poor business judgment, and failed ventures are not crimes. Many white collar investigations begin as civil disputes that are later referred to law enforcement. The distinction between civil liability and criminal conduct is often where these cases are most effectively defended, and an experienced attorney can make that distinction clear to prosecutors and juries.
What should I do if I think I am under investigation for a financial crime?
Contact a criminal defense attorney immediately — before speaking with investigators, before providing documents, and before making any statements. Anything you say or provide during the investigation phase can be used against you. What you do at this stage — and what you avoid doing — can determine whether charges are ever filed. Do not assume the investigation will resolve on its own.
Can white collar charges be resolved without going to trial?
Yes. Many white collar cases resolve through negotiated plea agreements, pre-indictment resolutions, or diversion programs. Early involvement by experienced defense counsel increases the likelihood of reaching a favorable resolution without the uncertainty and expense of a trial. Our attorneys evaluate every available option and advise you on the approach that best protects your interests.
Protect Your Reputation and Your Future
White collar charges threaten your career, your finances, and your freedom. These cases are complex, the stakes are high, and the earlier you involve experienced defense counsel, the stronger your position will be. Whether you are under investigation or have already been charged, Ianniello Chauvin, LLP is prepared to defend you.
Contact us today for a free consultation. We are available 24/7 and serve clients throughout Saratoga Springs, Clifton Park, Albany, Glens Falls, and the surrounding Capital Region.