A blueprint for the systemic overhaul of #NYS fraud & #corruption laws mentioned below can be found in the final report of the NYS White Collar Crime Task Force, which I was privileged to Co-Chair. bit.ly/2B7hjsY
@toddkaminsky @SenGianaris @AndreaSCousins @LizKrueger
"The Task Force noticed the proliferation of crimes that it came to refer to as boutique laws. These statutes were aimed at narrow slivers of criminal conduct, and had often been heralded by supporters as important tools for prosecutors to use in combating white-collar crime."
NYS White Collar Crime Task Force on boutique laws: "A look at the data reveals that far from supplying the answer to the fraud problem, many of these tools are gathering dust."
bit.ly/2B7hjsY
In other words, we don't need more boutique laws. We need to make existing laws more powerful in the fight against #whitecollarcrime.
Under New York's general #antifraud law, Scheme to Defraud, the punishment is the same whether the perpetrator obtains $2,000 or $2 billion. That's a big problem, and completely at odds with the federal system.
The White Collar Crime Task Force recommended substantial amendments to NY's basic antifraud law, the crime of Scheme to Defraud.
"First, we propose that the requirement of multiple victims be eliminated. Second, we propose that the crime be gradated, up to a Class B felony, based upon 1 of 2 measurements: the dollar value of the property or service obtained by the defendant or the # of intended victims."
Class B non-violent felonies in #NYS carry a potential maximum sentence of 8 1/3 to 25 years, and a minimum sentence of 1 to 3 years.
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