Showing posts with label computer. Show all posts
Showing posts with label computer. Show all posts

Thursday, February 4, 2010

New York Computer Crime

The term "computer crime" not too often heard in criminal cases heard. Most people do not even realize it exists. However, it is addressed in particular by the legislatures of most states. In New York it is codified in Section 156 of the Penal Code, New York. This article provides a brief insight into what a New York computer crime.

The most common offense is unauthorized use of a computer. You can also guilty of this crime, if youknowingly use a machine or system without authorization and the computer or you is protected by a password or other security feature. This offense is sa class A offense.

Another common charge Computer Trespass, which means knowingly committing to a computer without authorization with the intent or attempt to commit a crime, or, alternatively, the person knowingly access to the computer material benefits. This is a Class E crime offenses.

Next, computer standsManipulations. This offense can be several degrees depending on the circumstances. You can use this manipulation in the fourth stage for using a computer also (with permission) harm and intentionally or destroy data or program from another person without permission guilty. Computer tampering in the fourth degree is a Class A offense.

If, in addition to this, the person has an intention to commit a crime, or if the person previously convicted of cyber crime or theftServices of crime or the act of deleting computer material was intentionally or with the intent to cause damage of more than $ 1000 U.S. dollars, the person guilty of computer tampering in the third stage, which is a Class E crime.

New York Computer tampering in the second step involves the commission of the crime of computer tampering in the fourth degree plus intentionally harm or destroy data or cause a program to damage of more than three thousand dollars.Computer tampering in the second stage is a class D felony. Finally, if an act of more than $ 50,000 in damages causes, could the person of computer tampering in the first stage of guilty, a Class C crime.

Interventions to the side, another line of the Statute deals with illegal copying of computer material. Under New York penal law 156.30, a person to an unlawful duplication of computer related material was guilty if they caused illegally copy or duplicate software or program data ownereconomic damage amounting to more than $ 2,500 or copying of these materials with the intent to commit a crime. Illegal copying of computer material is a Class E crime.

You did not illegally duplicate software in order to violate the law. Simple possession of stolen data is a crime, too. For example, under § 156.35, a person convicted of possession of criminal guilty of computer related material, if no right to do so, he knowingly possesses a copy, reproduction orDuplicate of the data or program that was copied, reproduced or in violation of § 156.30 with the intention of himself or another person as owner profit twice. Criminal possession of computer material is a Class E crime.

New York law allows for some defense in cases of cyber crimes. Some of them belong to the defense that the defendant had reason to believe that it permission to do everything possible had the prohibited activities.

Thursday, December 3, 2009

5 Reasons Why Your NY injury attorney will lose his license

1. He steals the money.

2. He steals the money.

3. He steals the money.

4. He steals the money.

5. He steals the money.

OK, enough sarcasm. But actually, the main reason of losing an attorney in New York, your license is if they do not give you the money you get has been awarded as part of a settlement or a jury.

In a settlement, makes the insurance of the settlement check on you and your lawyer. The attorney shouldYou have come to the office, sign () as an endorsement of the check. Many lawyers try to avoid that customers come into the office to sign just to the test. It is a disadvantage for many customers, and most of you agree to the attorney shall sign their names in the control at all times.

In recent years, many lawyers have to verify their clients the oral authorization for their name in the village sign. However, the better practice is to obtain written permission from the client, which authorizes the attorneyits name to the check mark when it comes to the customer this way, it is difficult to say that she never gave her lawyer's permission to test for them to sign.

OK, what happens? Testing is done in a special "trust" to be paid, a so-called "escrow" account. The test is then clear. Once it has been approved is the attorney obligated to the client, his (or her) money. From the escrow account, the lawyer will usually write three checks:

(1) AReimbursement check to his law firm for legal expenses (known as disbursements)

(2) A check for the earned attorneys' fees and

(3) A check issued to you for your net settlement.

There are many times when medical bills must be paid, or Medicaid or Medicare must also be refunded. The payments are usually come from your stocks as they relate to medical care and treatment.

We all steal from lawyers who have heard their moneyCustomer submitted and lose their license, but also go to jail. How does this happen?

Without the motivation for a lawyer, it was unethical, one of two things usually solve the starting point for an investigation to be done:

(1) The lawyer will give you only part of your settlement, and then gives an excuse why he can not give you the full amount. , That the customer can result in a complaint to the grievance committee, which begins, then in the fileto investigate.

(2) The other reason is that if a lawyer writes a check to "Cash" from an escrow account, this is to send up a red warning sign that something is wrong. Even if the money sent by his lawyer overdrawn trust account, an automatic warning signal to the grievance committee triggering an investigation.

If a lawyer uses some of your settlement money and puts it into his personal account to pay his bills, (this is known as "co-mix" ratio), there is aexcellent opportunity for your lawyer is on his way to him (or her) license to lose.

Fortunately, this does not happen often. If this search is the case, it is a fund for the customer the money that they were stolen by their lawyer, too. It's called the Client Protection Fund. Every lawyer in New York State will pay into it as a way to offset the bad apples from the good. Hopefully you will never suffer the indignity of a lawyer to steal your money, especially if that lawyeris required by law and by legal ethics, have your money in trust for you. It's your injuries. It's your compensation.