New York Fraud Complaint Filing

New York prosecutes a variety of fraud-related crimes, including:

• Scheme to Defraud (Penal Law § 190.65): A plan to defraud multiple individuals or one person over time.
• Grand Larceny by False Pretenses (§ 155): Obtaining money or property by misrepresentation.
• Criminal Impersonation (§ 190.25): Using false identity to gain trust or money.
• Insurance Fraud (§ 176): Submitting false claims to obtain compensation.
• Forgery and Falsifying Business Records (§§ 170–175): Altering documents to deceive.

These charges vary in severity and may be classified as misdemeanors or felonies based on the amount defrauded and the method used.

Filing a complaint may lead to prosecution, but the primary purpose is to seek criminal accountability, not civil compensation. That said, the existence of a criminal case may exert pressure on the accused, potentially leading to voluntary repayment or settlement discussions. However, the court does not automatically order restitution unless the prosecutor includes it in sentencing and the defendant has the means to pay.

To be actionable under criminal law, a fraud complaint must demonstrate:

• Intentional Misrepresentation: The accused knowingly made false claims or concealed facts.
• Reliance: The victim reasonably believed and acted upon the falsehood.
• Financial Harm: The victim suffered actual economic loss.
• Fraudulent Intent: The perpetrator never intended to honor their obligations from the outset.

These elements distinguish fraud from mere civil disputes or contract breaches.

An effective fraud complaint should contain the following:

• Complainant’s Information: Full name, address, and contact number.
• Alleged Offender’s Information: Name, known addresses, phone numbers, and online aliases if applicable.
• Incident Description: Timeline of events, location, method of deception, and resulting harm.
• Evidence Summary: Documentation such as text messages, emails, contracts, screenshots, or payment receipts.
• Monetary Impact: Detailed description of financial losses, including dates and amounts.

In New York, criminal fraud complaints must be filed with law enforcement in person or by mail. There is no online filing system for criminal complaints involving fraud.

• In-Person: Visit the NYPD precinct near the incident location or the complainant's residence.
• By Mail: Send the signed complaint along with relevant evidence and a copy of your ID to the local precinct or district attorney’s office.

1. Initial Review: The complaint is assessed for validity and potential criminal conduct.
2. Assignment: A detective or assistant district attorney (ADA) is assigned to the case.
3. Victim Interview: Law enforcement interviews the complainant and gathers evidence.
4. Suspect Interview or Arrest: The accused may be contacted or detained.
5. Prosecution Decision: The district attorney decides whether to proceed with charges.
6. Court Proceedings: If charged, the suspect goes through arraignment and trial under applicable fraud statutes.

Conviction may result in fines, jail time, probation, or in some cases, restitution under Penal Law § 60.27—but only if deemed appropriate and feasible by the court.

While a fraud complaint seeks punishment, it does not serve as a civil claim for damages. Victims must file a separate lawsuit in civil court to pursue compensation. A criminal conviction, however, can support civil claims by establishing liability.

Fraud cases involving complex schemes—such as cryptocurrency investments, identity theft, or multiple victims—require thorough legal guidance. A criminal attorney can help assess whether the situation meets the threshold for prosecution and assist in preparing a compelling complaint.