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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26740
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Does the following criminal charge compare to either of the

Customer Question

Does the following criminal charge compare to either of the below charges?
Charge: (NY SECTION 340, Section 5) Contracts or Agreements for Monopoly or in Restraint of Trade Illegal and Void (Breaking up Monopoly)
Disposition: Guilty; 4 months jail; 5 years probation
*Dishonesty, fraud or misrepresentation, including identity fraud and money
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I don't see any comparison here, except for the fact that someone entering into a contract in restraint of trade would be guilty of a felony and the penal charges can be felonies as well.

Section 340 is part of NY State's Anti-Trust Act having to do with laws affecting restraint of trade, caused by, among other things, the creation of monopolies, price fixing, bid rigging,non-competition agreements, boycotts. This is a civil section of the law providing for the most part, treble damages as civil penalties for most violators, though criminal liability is possible for both corporations and individuals under highly egregious facts and circumstances.

The others are from the penal law, need have nothing to do with commerce, would have individual rather than corporate defendants, and there would be no possibility of just a civil fine for any of these offenses.

I'm not sure what you're trying to get at here, since any comparison would be most superficial: They are all illegal. They can all be prosecuted. State prison is possible.

Customer: replied 1 year ago.

What I was trying to get at is the list of charges.....

*Dishonesty, fraud or misrepresentation, including identity fraud and money

are all disqualifiers for one of our clients. On the adjudication matrix, it also says "or any comparable charge".

Mainly needed to know if the convicted charge would also be considered any of the other disqualifying charges I provided?

Expert:  Zoey_ JD replied 1 year ago.

None of these disqualifiers has to be present for a person to be convicted of restraint of trade. However, some ways in which restraint of trade is accomplished could encompass any of those disqualifiers. So one would have to look to the facts and circumstances underlying the conviction and see what he admitted to on the record.

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