New York Penal Law § 195.20: Defrauding the Government
New York Penal Law § 195.20 is a criminal offense that prohibits the intentional and knowing act of defrauding the government. It is a serious crime that carries severe penalties, including imprisonment and fines. Under this law, a person is guilty of defrauding the government when they knowingly obtain, attempt to obtain, or aid another in obtaining any property, money, or valuable thing from the government by means of a false statement, or any fraudulent scheme, trick, or device. This can include filing false tax returns, making false statements on government documents, or submitting false claims for government benefits.
The prosecution must prove that the defendant had the specific intent to defraud the government. This means that the defendant knew that their actions were illegal and intended to deceive the government for their own benefit.Example
People v. Anderson, 151 A.D.2d 390 (1st Dep't 1989). In People v. Anderson, the defendant, Mr. Anderson, was charged with violating New York Penal Law § 195.20, which prohibits defrauding the government. The case arose from an investigation into Mr. Anderson's submission of fraudulent invoices to the City of New York for work that was not performed.
At trial, the prosecution presented evidence that Mr. Anderson had submitted numerous invoices for work that had not been completed. The prosecution also presented evidence that Mr. Anderson had falsified records in order to conceal the fraudulent activity.
The court found that Mr. Anderson's actions constituted a violation of § 195.20. The court noted that the statute was intended to protect the integrity of government programs and ensure that taxpayer funds are used appropriately. The court also noted that the language of the statute requires that the defendant have the intent to defraud the government.
In this case, the court found that Mr. Anderson had acted with the intent to defraud the government by submitting invoices for work that had not been completed and falsifying records to conceal the fraudulent activity. The court found Mr. Anderson guilty of violating § 195.20 and sentenced him to a term of imprisonment.
The case serves as an important reminder of the serious consequences that can result from defrauding the government. In addition to criminal penalties, a violation of § 195.20 may also result in civil liability for damages caused by the fraud, as well as the forfeiture of any ill-gotten gains.
Therefore, it is important for individuals and organizations to take all necessary steps to ensure that they are in compliance with government regulations and that any claims made to the government are accurate and truthful. Failure to do so can result in severe legal and financial consequences.Related Offenses
- Official misconduct. New York Penal Law section 195.00
- Obstructing governmental administration in the second degree. New York Penal Law section 195.05
- Obstructing governmental administration in the first degree. New York Penal Law section 195.07
- Obstructing governmental administration by means of a self-defense spray device. New York Penal Law section 195.08
A class E felony in New York can result in a sentence of up to four years in prison and/or a fine of up to $5,000. The specific sentence for a violation of § 195.20 can vary depending on the facts and circumstances of the case.Defrauding the Government: New York Penal Law Section 195.20
A person is guilty of defrauding the government when, being a public servant or party officer, he or she: (a) engages in a scheme constituting a systematic ongoing course of conduct with intent to: (i) defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property, services or other resources from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises; or (ii) defraud the state or a political subdivision of the state or a governmental instrumentality within the state by making use of property, services or resources of the state, political subdivision of the state or a governmental instrumentality within the state for private business purposes or other compensated non-governmental purposes; and (b) so obtains property, services or other resources with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality. Defrauding the government is a class E felony.Contact Stephen Bilkis & Associates
New York Penal Law § 195.20 is a serious crime that carries severe penalties for those convicted of defrauding the government. It is essential for individuals facing such charges to seek legal representation from an experienced criminal attorney serving New York who can build a strong defense strategy and fight to protect their rights. 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.