New York Penal Law § 190.87: Immigrant Assistant Services Fraud in the Second Degree

New York Penal Law § 190.87 defines the crime of "immigrant assistant services fraud in the second 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 second degree if they engage in any of the following activities with intent to defraud:

• 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.

Immigrant assistant services fraud in the second degree is classified as a class A misdemeanor, which carries a maximum penalty of up to one year in jail and a fine of up to $1,000.

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.

People v. Mejia, 2020 NY Slip Op 20345 (Sup. Ct. Queens County 2020). In this case, the defendant was accused of engaging in fraudulent practices in the provision of immigrant assistant services. Specifically, the defendant was alleged to have falsely represented himself as an attorney and charged several immigrant clients for legal services that he was not licensed to provide. The defendant was charged with multiple counts of immigrant assistant services fraud in the second degree under New York Penal Law § 190.87.

At trial, the prosecution presented evidence of the defendant's fraudulent activities, including false promises of work permits and residency status. The defense argued that the defendant had not intended to defraud his clients and that any misrepresentations were due to his lack of understanding of the legal system. However, the jury found the defendant guilty of multiple counts of immigrant assistant services fraud in the second degree.

Immigrant assistant services fraud in the first degree: New York Penal Law section 190.89

Making a false statement of credit terms is considered a class A misdemeanor in New York. A class A misdemeanor is a less serious offense than a felony, but it still carries significant penalties, including up to one year in jail and/or a fine of up to $1,000. In addition to criminal penalties, a person convicted of this offense may also face civil penalties, such as being required to pay restitution to any victims of their fraudulent lending practices.

A person is guilty of immigrant assistance services fraud in the second 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. Immigrant assistance services fraud in the second degree is a class A misdemeanor.

New York Penal Law § 190.87 makes it a crime to engage in fraudulent practices in the provision of immigrant assistant services. If convicted of second-degree immigrant assistant services fraud, a person can face serious criminal penalties, including imprisonment and fines. If you or someone you know has been accused of immigrant assistant services fraud in the second degree, it is important to seek legal counsel immediately. An experienced criminal lawyer seving New York can help you understand your rights 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.