Bukh Has Handled High-Profile Computer Tampering and Hacking Cases – Put His Background to Work
COMPUTER CRIME has become more prevalent in recent years. Because of the interstate and global ramifications of crimes committed over the internet the attitudes of law enforcement agencies, not just in this country but around the world, has changed considerably in its stance. No longer are “hacker” crimes considered pranks. Long gone are the days where you might get a slap on the wrist and a stern warning. The penalties for such crimes are severe. When a crime is committed over the Internet the potential is there for not only the US Federal Government but international agencies to be involved in the prosecution, as well.
If you have been accused COMPUTER FRAUD, COMPUTER TAMPERING or INTERNET FRAUD you need the immediate assistance of a New York City defense lawyer with the resources of a top firm like Bukh Law Firm behind him all the way. When you are presented with a case that has the potential to be prosecuted in the Federal Court system you need a firm with experience battling out with the Feds.
Computer Lawyer Will Clear You Off Criminal Charges
At Law Office of Bukh Law Firm, PLLC we have the background and experience to handle your WHITE COLLAR case. We’ve assisted clients accused of:
- Downloading Illegal Pornography
- Hacking or Illegal Access of Computer Systems, Intrusion Offenses
- Downloading and Illegal File Sharing Charges
- Internet Fraud and related Offenses, such as “Click Fraud” and Spam
- Identity Theft Charges
- eBay fraud and other Computer Fraud Matters
- Phishing and spamming
- Copyright violations
Computer crime is one area of white collar crime is growing fast due to technology. The State of New York has tried to keep up with the instances of hacking and other computer offenses by enacting NY Penal Code §156 which criminalizes certain activities relating to computers and computer networks and the disruption of same.
Computer technology is used by everyone at some point in their day, whether they are actively using a computer of their own or their employer’s or just using a cell phone or an ATM. However, many people using computers frequently have little to no understanding of the inside working of computers and computer networks. When being charged with a computer crime, a person should logically turn to a firm that has proven experience and knowledge of the technical situations that are involved in such a charge. Not every criminal defense firm can state that they have personnel with the knowledge of computers, computer networks and what is involved with crimes like hacking that the Law Office of Bukh Law Firm, PLLC has. Even the courts do not have this knowledge, although they are fast obtaining it through the use of experts and prosecutors have set up teams of attorneys with expert computer knowledge to prosecute these crimes.
Penalties for Hacking
Penalties for computer related crimes can range from a fine and a short period of jail time for a Class A misdemeanor such as unauthorized use of a computer up to computer tampering in the first degree which is a Class C felony and can carry 3 to 15 years in prison. Computer tampering is the “hacking” that we have all heard of but really don’t understand. It is a crime to go into someone else’s computer or computer network and take data from that computer and/or change the data information on the computer. Computer experts have the ability to get into systems from former employers and also into other networks where they use their technical ability to bypass passwords and become part of a system illegally. Many people are aware that there is “spyware” and other things that we hope our security systems can keep off our computers, but the reality is that there are people with the ability to go through even the most secure computers which contain sensitive information, such as medical records or financial information.
While the State has been increasing its understanding and expertise in these crimes, criminal defense attorneys have to likewise include these experts on their defense teams if they want to successfully defend people charged with technical computer crimes. The Law Office of Bukh Law Firm, PLLC and Arkady Bukh have made an effort to gain this technological expertise and are prepared to put forth a successful defense to anyone charge with a computer crime in New York.
The New York Penal Code on Computer is this:
§156.00 Offenses involving computers: term definition
In this section of the statute, the term computer is defined as a device or devices which by certain manipulation can perform “arithmetic, logical, storage or retrieval operations with computer data” and any related peripherals.
The statute goes on to define both computer data and computer programs as property and computer service as “any and all services” provided to said computers. Computer material is defined as property and is any computer data or program which: (a) contains medical records of identifiable individuals; (b) contains records maintained by the state or any governmental body within the state which contains information concerning a person; (c) is not intended to be available to anyone other than the person rightfully in possession thereof without his consent. The rest of the definitions are computer network, access, without authorization which are defined in the usual meaning and also felony which is defined by state law.
§156.05 Unauthorized use of a computer
This statute applies when the defendant has gained access to or used a computer without permission of the rightful owner. This is a Class A misdemeanor.
§156.10 Computer trespass
This statute is a charge when a person knowingly uses a computer without permission and they do so to commit a felony. They knowingly gain access to computer material. This is a Class E felony.
§156.25 through §156.27 Computer tampering fourth degree through first degree.
This crime begins in the fourth degree when a person commits the crime of unauthorized use of a computer and intentionally alters or destroys the computer data of another person. This is the basic tampering crime which is elevated by such factors as specific intent the commission of a felony or a previous conviction on a §156 offense. In the fourth degree this is a Class A misdemeanor, third degree a Class E felony, second degree a Class D felony and the highest first degree is a Class C felony.
§156.29 and §156.30 Unlawful duplication of computer related material in the second and first degree.
This crime is when someone copies computer material, data or program without the right to do so. In the first degree it is with the intent to commit a felony. In the second degree it is a Class B misdemeanor and in the first degree it is a Class E felony.
§156.35 Criminal possession of computer related material.
This crime is a continuation in essence of §156.30 wherein the person has passion of material that they have no right to have either by duplication or theft with the intent to benefit themselves. This is a Class E Felony.
CASE EXAMPLE: In this case, the defendant is accused of Unauthorized Use of a Computer and Identity Theft in the Third Degree. The court recites the facts in that the defendant was fired from his job on a certain date. After that date he sent an email from his ex-employer’s email account to a potential new employer stating that they had made a mistake in firing him and that he was an excellent employee. The unauthorized use of a computer was his unauthorized use of his ex-employer’s email account. The Identity Theft charge came from him writing the email and signing it as his ex-employer thereby using that person’s identity. People v Agrocostea 2012 NY Slip Op 51098(U) Decided on May 21, 2012 Criminal Court Of The City Of New York, New York County Boyar, J.
RECENT CASE: A report from Manhattan District Attorney Cyrus R. Vance, Jr. states that Defendant SAM CHIHLUNG YIN was sentenced to 2 to 6 years in state prison for one count of Computer Tampering in the First Degree, a Class C felony and ten counts of Criminal Possession of Computer Related material, a class E felony. Mr. Yin was convicted of hacking into his ex-employer, Gucci America, Inc., computer network and sending false messages and interrupting the company’s computer network that access was lost to important documents and email for 24 hours and some data was permanently lost. This action caused Gucci hundreds of thousands of dollars. Mr. Yin pleaded guilty to the charges.
The District Attorney’s office is taking these cases seriously and so must criminal defense firms. The Bukh Firm, PLLC. is one of the most experienced firms in defending computer crimes in New York and can be reached at any time of day, seven days a week.
Our goal at Law Office of Bukh Law Firm, PLLC as top NY criminal lawyers is to shake your hand and watch you walk home from the courtroom and we use every resource at our disposal to make this happen.
Our computer forensic experts and civil rights attorneys are on the time, ensuring that any grounds for dismissal in acquisition or evolution of reasonable doubt is presented before the courts.
A computer tampering conviction could mean 15 years in prison. Call 800-601-0207 to speak with a New York City attorney who could help you reduce your penalty or avoid conviction and face no jail time at all.
