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New York Criminal and Civil Litigation Blog

New York's special prosecutor laws warrant reform

This case, which was featured in the New York Times, serves as a prime example of why the special prosecutor law in New York must be reformed. Here, an attorney who had been criticized by an appellate court for his prior performance as a special prosecutor was, inexplicably, again appointed to that role, this time to investigate purported campaign improprieties in a 2009 City Council election in Staten Island. The request for a special prosecutor by the Staten Island District Attorney and the reasons therefor remain under seal. The selection process for how this particular lawyer was chosen similarly remains hidden from view. Transparency in the selection process should be the first step toward reform.

International traveling with a criminal record

Whether it is for business or for pleasure, people travel for many different reasons. While traveling internationally is often a positive and relatively pain-free experience, it can be hindered by some things and even prevented altogether by others. One of the primary issues that has the potential to prevent international travel is a criminal history.

Even though there are many criminal convictions that will have no impact whatsoever on an individual's ability to leave the country or to enter another, there are certain convictions that may limit a person's opportunities to travel and there are some that may prevent certain types of travel.

Tax fraud, tax negligence and the possible consequences

It's tax season, and with only two weeks until the dreaded Tax Day is upon us, it is time to discuss two different tax offenses that often get confused for one another. Tax negligence and tax fraud are two terms that get thrown around when the month of April rolls around. So what's the difference between the two and what do you need to know about these particular cases?

The first thing to know is that a very small portion of tax filings end up being investigated and ultimately yield charges of tax negligence or tax fraud. The IRS estimates that only about .0022 percent of tax filings result in criminal charges. Tax fraud is the more serious of the two offenses.

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