New York Penal Law § 190.89: Immigrant Assistant Services Fraud in the First Degree

New York Penal Law § 190.89 defines the crime of "immigrant assistant services fraud in the first degree." This law is intended to protect vulnerable immigrants from fraudulent activities related to immigration services. Under this law, a person commits immigrant assistant services fraud in the first degree if they engage in any of the following activities with intent to defraud and the value of the property, services, or money obtained or intended to be obtained exceeds $1,000:

• Representing themselves as an attorney or other authorized representative to provide legal services related to immigration matters, when they are not licensed to do so.
• Making false promises to provide immigration services, such as obtaining a visa or work permit, or providing false information about the immigration process.
• Charging excessive fees for immigration services, or collecting fees for services that were not provided.
• Falsifying documents or providing false information in connection with the provision of immigration services.

It is important to note that this law does not apply to attorneys who are licensed to practice law in New York and who provide legal services related to immigration matters. However, attorneys who engage in fraudulent activities related to immigration services may be charged under other provisions of the law.

Overall, New York Penal Law § 190.89 is intended to protect immigrants from fraudulent practices in the provision of immigration services. Those who violate this law can face significant criminal penalties, and victims of immigrant assistant services fraud may also have civil remedies available to them. It is important for immigrants to be aware of their rights and to seek assistance from licensed professionals in the provision of immigration services.

People v. Syed, 2021 NY Slip Op 21255 (Sup. Ct. Queens County 2021). In this case, the defendant, who was not licensed to practice law in New York, was accused of defrauding several immigrant clients by falsely representing himself as an attorney and charging them for legal services he was not qualified to provide. The defendant was charged with multiple counts of immigrant assistant services fraud in the first degree under New York Penal Law § 190.89.

At trial, the prosecution presented evidence of the defendant's fraudulent activities, including false promises to obtain work visas and permanent residency for his clients. The defendant argued that he had not intended to defraud his clients and that any misrepresentations he made were due to his lack of understanding of the complex legal system. However, the jury ultimately found the defendant guilty of multiple counts of immigrant assistant services fraud in the first degree.

Immigrant assistant services fraud in the second degree: New York Penal Law section 190.87

Immigrant assistant services fraud in the first degree under New York Penal Law section 190.89 is a class E felony. If convicted of this offense, a person may face a prison term of up to 4 years and significant fines. Additionally, a conviction for immigrant assistant services fraud can have serious collateral consequences, such as damage to one's reputation and immigration status. It is important for individuals facing charges under this law to seek the assistance of a qualified criminal attorney in New York who can help protect their rights and work towards the best possible outcome in their case.

A person is guilty of immigrant assistance services fraud in the first degree when, with intent to defraud another person seeking immigrant assistance services, as defined in article twenty-eight-C of the general business law, from such person, he or she violates section four hundred sixty-d of the general business law with intent to obtain property from such other person by false or fraudulent pretenses, representations or promises, and thereby wrongfully obtains such property with a value in excess of one thousand dollars. Immigrant assistance services fraud in the first degree is a class E felony.

New York Penal Law § 190.89 makes it a serious felony offense to engage in fraudulent practices in the provision of immigrant assistant services. If convicted of first-degree immigrant assistant services fraud, a person can face significant criminal penalties, including lengthy imprisonment and substantial fines. If you or someone you know has been accused of immigrant assistant services fraud in the first degree, it is essential to seek legal representation from an experienced criminal defense attorney. A skilled criminal attorney serving New York can help you navigate the complex legal system and work to build a strong defense on your behalf. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.