New York City Scheme to Defraud Lawyer

Scheme to defraud charges in New York carry a weight that extends far beyond the courtroom. Prosecutors pursue these cases aggressively, often building them over months or years before a single arrest is made. By the time a target learns they are under investigation, the government may already have wiretaps, cooperating witnesses, financial records, and a narrative they are prepared to sell to a jury. What you do, and who you retain, in those first hours and days can determine whether this ends in an acquittal, a dismissal, or a conviction that reshapes everything.

A New York City scheme to defraud lawyer does something that most people underestimate: they enter the case before it becomes a case. Jason Goldman has represented clients at every stage of fraud-related proceedings, from the quiet pre-arrest period when investigators are still building their file, through grand jury proceedings, through trial, and into appeal. That full-spectrum approach is not incidental. Scheme to defraud prosecutions often hinge on decisions made before any charges are formally filed, and a defense built from day one looks very different from one assembled after an indictment lands.

New York’s scheme to defraud statute is broad by design. It does not require prosecutors to prove a completed theft. It does not require a specific victim to have suffered a quantifiable loss. The government needs to show a systematic course of conduct intended to defraud, and that low threshold makes these charges both easier to bring and harder to shake than many defendants initially expect. That breadth is precisely why the defense needs to be as precise and as aggressive as the prosecution.

The Anatomy of a Scheme to Defraud Charge in New York

New York Penal Law divides scheme to defraud into two degrees. First-degree scheme to defraud involves an ongoing course of conduct intended to defraud ten or more persons, or to obtain property from ten or more persons. It is a class E felony. The second-degree version sweeps more broadly and reaches even single-victim conduct when the systematic element is present, and it is a class A misdemeanor. The difference in degree matters enormously when it comes to sentencing exposure, collateral consequences for professional licenses, and how aggressively prosecutors tend to litigate the case.

What makes these charges particularly dangerous is how they combine with other statutes. Prosecutors in Manhattan, Brooklyn, and the Bronx rarely indict on scheme to defraud alone. These charges commonly appear alongside grand larceny counts, identity theft allegations, wire fraud, and in federal matters, charges under the federal mail fraud and wire fraud statutes. Each additional count extends potential exposure and gives the government additional leverage in plea negotiations. Understanding the full charge picture from the outset is not optional, it is the baseline for any intelligent defense strategy.

Charges That Frequently Appear Alongside Scheme to Defraud Cases

• Grand Larceny: New York prosecutes theft by false pretenses under the grand larceny statute, which scales by value from class E felony to class B felony. When a scheme to defraud involves obtaining property, grand larceny counts typically follow, and the felony degree depends on how prosecutors aggregate the alleged losses across victims.
• Identity Theft: Fraud investigations involving the use of another person’s financial information, social security numbers, or account credentials trigger New York’s identity theft statute, which carries its own graduated felony structure and mandatory restitution exposure.
• Money Laundering: When proceeds of an alleged fraud move through financial accounts, prosecutors may layer money laundering charges to dramatically increase sentencing exposure and to trigger asset forfeiture provisions that can freeze accounts and property before trial.
• Federal Wire and Mail Fraud: If any communication crossed state lines, used a federal wire, or moved through the U.S. mail, federal prosecutors can pursue the same underlying conduct under statutes that carry up to twenty years per count. Manhattan’s Southern District and Brooklyn’s Eastern District are both active in these prosecutions.
• Insurance Fraud: A distinct statutory scheme covering fraudulent insurance claims, which in healthcare, property, and automobile contexts often runs parallel to broader fraud prosecutions and involves both state and federal enforcement arms.
• Securities Fraud: In cases touching investment accounts, brokerage relationships, or publicly traded securities, both the New York Attorney General and federal regulators may pursue claims, bringing additional enforcement bodies into the picture alongside criminal prosecutors.
• Forgery and Criminal Possession of a Forged Instrument: Where altered documents, fabricated contracts, or falsified records appear in the alleged scheme, these companion charges add counts that prosecutors use to strengthen the narrative of systematic deception at trial.

Why Jason Goldman Handles Scheme to Defraud Defense Differently

Jason Goldman began his career as a Brooklyn prosecutor, where he handled serious felony cases from investigation through trial. That prosecutorial background is not just a credential on paper. It means he spent years understanding how fraud investigations are built, how cooperators are developed, how documentary evidence is compiled and presented, and where the pressure points are that cause cases to crack. He carries that institutional knowledge into every defense engagement.

His firm has represented corporate executives in finance, real estate, and hospitality, as well as doctors, politicians, lawyers, athletes, and public figures navigating life-altering circumstances. Scheme to defraud prosecutions disproportionately target professionals and executives whose alleged conduct arose in a business context, and Goldman’s familiarity with that world allows him to understand and articulate what a jury needs to hear about how legitimate business decisions get mischaracterized by investigators who are working backward from a conclusion. He has tried over 25 cases to verdict and has been recognized by outlets including the New York Post and WABC for representation in high-profile proceedings. The New York Super Lawyers Rising Star designation, awarded to attorneys who exhibit excellence in their practice, reflects a track record that extends well beyond the firm’s early years.

Critically, Goldman’s practice extends beyond trials. He is a fraud defense attorney in New York who operates in the pre-arrest space, advising clients during grand jury investigations, negotiating with prosecutors before charges are formally filed, and working to reshape the evidentiary record before the government locks in its theory. In scheme to defraud cases, where the prosecution’s narrative is often constructed long before an arrest, that early intervention frequently changes the outcome.

What to Do If You Are Under Investigation or Have Been Charged

If you have received a target letter from the U.S. Attorney’s Office for the Southern or Eastern District of New York, or from the Manhattan District Attorney’s office, you are already in the crosshairs of an active investigation. A target letter is not a courtesy. It is the government telling you that the evidentiary record has developed to a point where indictment is a real possibility. Do not respond to that letter without counsel. Do not reach out to the prosecutors named in it. Do not contact co-defendants or potential witnesses, including people you believe to be on your side. The contacts you make in the hours after receiving that letter are observable, and they can become evidence.

The same principle applies if law enforcement appears at your home or office. You have the right to decline to answer questions. Politely invoking that right and asking to speak with counsel is not an admission of anything. Scheme to defraud investigations routinely ensnare people who spoke freely to agents believing they had nothing to hide, and whose unguarded statements were later used to fill gaps in the government’s theory.

On the document front, preserve everything. Do not delete emails, do not discard financial records, and do not instruct anyone else to do so. Destruction of records once an investigation is underway can produce obstruction charges that become more damaging than the underlying fraud allegations. At the same time, gather and organize records that support your account of the conduct in question. The defense needs your version of the business relationships, transaction histories, and communications, and assembling that picture early, before the government files its narrative with the court, gives the defense room to operate.

State scheme to defraud cases are handled in New York Supreme Court at the county level. Manhattan cases go through 100 Centre Street. Brooklyn cases are in Kings County Supreme Court at 320 Jay Street. Bronx matters go through Bronx County Supreme Court on 161st Street. Federal fraud cases in Manhattan are handled in the Southern District courthouse at 500 Pearl Street, and Brooklyn federal cases proceed in the Eastern District at 225 Cadman Plaza East. Knowing which court controls your case is not a minor detail. Each courthouse has distinct prosecutors, judges, and procedural cultures that an experienced fraud defense attorney in New York maps carefully before making strategic decisions.

Questions About Scheme to Defraud Cases in New York

What is the difference between scheme to defraud and grand larceny in New York?

Scheme to defraud focuses on the systematic course of conduct, the plan or design to defraud, rather than the completed taking of property. Grand larceny requires proof that property was actually obtained. A prosecutor can charge scheme to defraud even when no money or property was ever transferred, as long as the government can establish that an ongoing plan to defraud existed. In practice, when both a scheme and a completed theft are alleged, prosecutors charge both statutes simultaneously.

Can a scheme to defraud charge arise from a business dispute?

Yes, and this is one of the most contested areas of these prosecutions. Prosecutors sometimes pursue scheme to defraud charges in situations that could reasonably be characterized as contract disputes, failed business ventures, or aggressive but arguably lawful sales practices. The defense in these cases focuses heavily on intent, arguing that the conduct reflects legitimate business decision-making rather than criminal deception, and on the distinction between a broken promise and a scheme to defraud.

Do I have to testify before a grand jury if I receive a subpoena?

A grand jury subpoena is a legal compulsion to appear. However, you have the constitutional right to assert your Fifth Amendment privilege against self-incrimination in response to questions that could incriminate you. An attorney can advise you on how to respond to a subpoena, whether any target immunity exists, and what the strategic consequences of different responses might be. Appearing before a grand jury without counsel reviewing the situation in advance is one of the most consequential mistakes a person under investigation can make.

What happens to professional licenses if someone is convicted of scheme to defraud?

A conviction, even at the misdemeanor level, can trigger license review or revocation proceedings across a range of regulated professions in New York. Medical licenses, law licenses, financial industry registrations, real estate licenses, and contractor licenses all have character fitness requirements. A felony conviction is typically grounds for revocation in most licensed professions. Even an arrest without conviction can prompt a licensing board to open an investigation. Managing the professional licensing consequences in parallel with the criminal defense is not optional for clients in regulated fields.

How long do scheme to defraud investigations typically last before charges are filed?

These investigations can run for years before a target is ever arrested or indicted. Federal fraud investigations routinely extend eighteen months to four years before a public indictment. State investigations managed by the District Attorney’s offices or the New York Attorney General’s office can also stretch over multi-year periods, particularly when they involve complex financial records, multiple subjects, or cooperating witnesses whose reliability must be developed and tested. The extended timeline means that targets often have opportunities to engage defense counsel and shape the investigation’s trajectory before charges ever arrive, if they move early enough.

What role do cooperating witnesses play in these cases?

Cooperating witnesses are the engine of most scheme to defraud prosecutions. Prosecutors cultivate cooperators by offering reduced charges or sentencing consideration in exchange for testimony and information. The defense in these cases must scrutinize the cooperator’s prior criminal history, the specific benefits they received for cooperating, prior inconsistent statements, and the totality of their relationship with prosecutors. A cooperating witness who has received significant sentencing relief in exchange for testimony is a witness with an obvious motive to shade their account, and surfacing that dynamic clearly for a jury is central to the defense.

Can charges be dismissed before trial in a scheme to defraud case?

Yes. Pre-trial motions attacking the sufficiency of the indictment, challenging the legality of evidence obtained through search warrants or wiretaps, and contesting the adequacy of the grand jury proceedings are all available in these cases. A successful suppression motion that excludes key documentary evidence or recorded communications can cripple a prosecution’s case long before the first juror is seated. The quality of the pre-trial motion practice frequently determines whether these cases go to trial at all, or whether prosecutors revisit their position when significant evidence is at risk.

If the conduct happened over several years, does the statute of limitations protect me?

New York’s statute of limitations for felony scheme to defraud is generally five years from the completion of the offense, not from the beginning of the scheme. The “completion” question is often litigated, since prosecutors will argue the scheme was ongoing until the last alleged act, while the defense may argue that the clock ran earlier. Federal wire and mail fraud charges carry a five-year limitations period for most matters, though charges involving financial institutions can extend to ten years. The statute of limitations analysis in a multi-year alleged scheme is not straightforward and requires careful examination of the specific conduct timeline.

Is it possible to negotiate a resolution without going to trial in these cases?

Yes, and for many clients it is the preferable outcome depending on the evidence. Pre-indictment negotiations, deferred prosecution agreements, and guilty pleas to reduced charges are all tools used in scheme to defraud matters. The leverage available to the defense in negotiation depends heavily on the strength of the government’s evidence, the availability of compelling mitigating facts, and the relationships and credibility the defense attorney brings to those conversations. Goldman’s background as a former prosecutor gives him an informed understanding of how prosecutors evaluate cases and where they have flexibility.

What happens if the alleged scheme involved people in other states or countries?

Multi-jurisdictional conduct creates both additional exposure and additional defense angles. When conduct spans state lines, federal jurisdiction typically attaches through the wire fraud or mail fraud statutes, and multiple U.S. Attorney’s offices may have overlapping interest in the prosecution. International dimensions can introduce questions about evidence gathering under foreign law, diplomatic channels, and extradition. The strategic response to a multi-jurisdictional investigation requires counsel who understands both state and federal systems and can coordinate across those theaters simultaneously.

Scheme to Defraud Defense Across New York City and the Surrounding Region

The Law Offices of Jason Goldman represents clients across all five boroughs of New York City. Manhattan clients facing scheme to defraud allegations in state or federal proceedings represent a significant portion of the practice, spanning neighborhoods from the Financial District and Tribeca through Midtown, the Upper East Side, and Washington Heights. In Brooklyn, the firm handles matters arising in areas from Downtown Brooklyn through Park Slope, Crown Heights, Williamsburg, and Bay Ridge. The Queens practice reaches clients in Long Island City, Flushing, Jamaica, Astoria, and Forest Hills. The Bronx and Staten Island matters arise regularly as well.

Beyond the five boroughs, Goldman represents clients in Westchester County, including White Plains, Yonkers, and New Rochelle, as well as matters arising in Nassau and Suffolk Counties on Long Island. The firm also handles cases that originate in New Jersey, particularly those with New York nexus, given Goldman’s admission to the New Jersey bar. For cases venued in federal courts throughout the region, including matters before the Southern and Eastern Districts of New York, the representation extends wherever the case requires. Pro hac vice admission has also allowed the practice to take on cases outside New York when the circumstances warrant it.

New York City Scheme to Defraud Attorney: Reach Out to Jason Goldman

Scheme to defraud cases are built on narrative. Prosecutors spend years assembling a story before they ever walk into a courtroom, and the defense that does not begin constructing a counter-narrative just as early is already behind. As a New York City scheme to defraud attorney, Jason Goldman brings prosecutorial experience, trial credibility, and the strategic range to operate in the pre-arrest space, at the negotiating table, and in front of a jury. His practice is selective and hands-on, which means clients work directly with the attorney who is going to be in the room when it matters most. Contact the firm today to schedule a consultation and begin building your defense from the ground up.