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New York Penal Law § 190.60: Scheme to Defraud in the Second Degree

New York Penal Law § 190.60 defines the crime of "scheme to defraud in the second degree" in the state of New York. This law is designed to protect consumers and businesses from fraudulent activities by individuals and organizations. Under this statute, a person can be charged with second-degree scheme to defraud if they engage in a systematic or ongoing pattern of conduct with the intent to defraud one or more people or businesses. This conduct must involve the making of a false statement, a material omission, or the concealment of information with the intent to deceive.

The false statement or omission must be made in connection with a transaction involving property or services, and it must be made with the intent to deprive the other party of the property or services or to obtain property or services from the other party by means of false or fraudulent pretenses. In addition to these elements, the conduct must result in the actual loss of property or services by the victim. The loss can be either tangible or intangible, and it must be a result of the fraudulent conduct.


People v. Bolen, 70 A.D.3d 1415 (3rd Dep't 2010). In this case, the defendant was charged with scheme to defraud in the second degree under New York Penal Law § 190.60 for running a fraudulent investment scheme. The defendant had allegedly promised investors large returns on their investments in a hedge fund, but had instead used the money for personal expenses and to pay off other investors. The defendant argued that he had not intended to defraud anyone and that the investors had been fully informed of the risks involved in the investment, but the court rejected these arguments and upheld the defendant's conviction.

Related Offenses
  1. Criminal usury in the second degree: New York Penal Law section 190.40
  2. Criminal usury in the first degree: New York Penal Law section 190.42
  3. Possession of usurious loan records: New York Penal Law section 190.45

Scheme to Defraud in the Second Degree is a class A misdemeanor in New York, which carries a maximum sentence of one year in jail and a fine of up to $1,000.

New York Penal Law § 190.60: Scheme to Defraud in the Second Degree
  1. A person is guilty of a scheme to defraud in the second degree when he engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons.
  2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim.

Scheme to defraud in the second degree is a class A misdemeanor.

Contact Stephen Bilkis & Associates

If you are charged with New York Penal Law § 190.60: Scheme to Defraud in the Second Degree, it is important to take the charge seriously and seek legal representation as soon as possible. Even though the offense is a misdemeanor and not a felony, a conviction will result in a criminal record and may result in jail time and a fine. An experienced New York criminal lawyer can evaluate the specific circumstances of your case and develop a strong defense strategy to protect your rights and interests. It is crucial to remember that being charged with a crime does not mean you are guilty, and you have the right to a defense. With a skilled New York criminal lawyer, you can fight for your rights and work towards the best possible outcome for your case.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: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.

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