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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

NYC Check Kiting Lawyers

Check kiting is a form of fraud where an illegal act of leveraging the natural delay in bank processing occurs. Basically, some makes use of nonexistent funds before the bank discovers that the check is invalid.
In the past, this type of theft occurred when someone cashed a check at a bank. With the advent of more efficient computer tracking systems, check kiting is less prevalent today. Now, kiting happens when someone exchanges a worthless check for goods and services.
While a civil action against check kiting is easy to prove, in comparison, criminal action carries stronger results. A court may grant a plaintiff triple damages in a civil suit. Corresponding criminal charges can present more challenges to prove. This is because mens rea or intent, also known as knowledge, must be proven.
Particularly in white collar crimes, it is very difficult for prosecutors to establish this point of the law. This is because a longer time period passes as this crime is completed. Therefore, it can be difficult to isolate when the accused’s intent was formed when only circumstantial evidence is part of the case.
The person who received the worthless check typically has little contact with the accused. Therefore, proving knowledge is extremely difficult. Furthermore, very few circumstantial facts exist that a prosecutor can use that will establish knowledge.
What Check Kiting Looks Like in Practice
In its simplest form, check kiting happens when a person writes a check from one bank account with insufficient funds. He or she then deposits that check into another account at a different bank, which also lacks funds to cover the check.
Before the check is processed by first bank, where it will be rejected for insufficient funds, money is withdrawn from the second bank. This leaves the bank at a loss.
Kiting may also occur on a larger scale with more than two banks. Some struggling businesses use check kiting to generate cash flow revenues. The most common, however, is individual depositors with low-balance accounts.
How Banks Detect Check Kiting
There are several methods that a bank can use to detect check kiting instances. Ranging from observation to advanced computer systems, banks can identify tell-tale signs that an account holder is committing check kiting. Some signs include:
• Using a check to cover overdrafts
• Depositing checks often
• Account holders make multiple deposits and withdrawals on the same day
• Exact amounts are written on checks
• Using different branches or ATMs to avoid face-to-face transactions when making deposits
Individually, these signs do not prove that an account holder is kiting checks. However, engaging in several of these activities can draw suspicion from a bank representative or law enforcement.
Legal Penalties for Check Kiting
The fact that check kiting is not always easy to prove does not diminish the fact that it is a very serious crime. As one of the most strictly enforced white collar crimes, check kiting carries stiff penalties even for first offenders.
Bank fraud charges are used to prosecute check kiting. Under 18 U.S. Code section 1344, anyone is prohibited from using false or fraudulent pretenses, or defrauding a financial institution. It is also illegal to use false promises or representations to obtain a financial instrument under custody or control of a financial institution such as:
• Money
• Funds
• Credits
• Assets
• Securities
Penalties for this crime are the same that a defendant receives for a bank fraud conviction: 30 years in prison and/or up to a $1 million fine. Not only does the offender face criminal charges, but civil charges may also be filed the bank wants to sue for its losses.
Legal penalties are greater if corporations or large businesses are found guilty of check kiting.
Call a Check Kiting Lawyer for This Very Serious White Collar Crime
The larger the scheme of check kiting, the more complex the case becomes, which leads to more severe penalties. Spodek Law Group, PC fully understands the complex nature of cases involving check kiting. We help clients build a good defense from the start.
That is why contacting legal counsel as soon as possible is critical for anyone or business entity that is charged. Our firm will recommend defense strategies such as you did not knowingly plan to defraud the bank based on the evidence in your case.

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

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We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
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