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Understanding New York’s seldom-used fortune-telling law

Understanding New York's seldom-used fortune-telling law

New York Law Targets Fortune Telling Scams

A troubling trend has emerged this week as several high-profile scams involving self-described fortune tellers captured media attention. These cases have highlighted obscure New York state laws designed to combat predatory practices within the realm of fortune telling.

The intention behind this legislation is to safeguard individuals from losing significant sums—sometimes tens of thousands—under the pretense of offering services like curses or spiritual cleansings.

Supporters of the law argue it’s essential for protecting vulnerable individuals, particularly those in distressing circumstances. Bob Neegard, a former NYPD and Nassau County police officer, shared on social media about various victims, including a rocket scientist, a teacher, and a police officer, emphasizing that susceptibility to fraud can affect anyone, regardless of their background or intelligence.

In 1967, the Empire State enacted a law classifying fortune telling fraud as a Class B misdemeanor, imposing potential fines of up to $500 or sentences of up to 90 days in jail. This legislation was part of broader criminal law reforms, as noted by reports from the New York Times.

Prior regulations categorized such scams as disorderly conduct, limiting penalties to 15 days in jail and a $250 fine.

The law specifically prohibits individuals from charging fees while claiming to divine destinies or to harness occult powers, including the ability to summon or influence malevolent spirits or curses.

However, the law does allow for fortune telling as long as practitioners clearly state their services are intended for entertainment.

This week brought new attention to these regulations when two self-identified clergy members in New York faced charges for allegedly exploiting a vulnerable individual. In one case, Pamela Uffi allegedly defrauded a hotel maid of over $50,000 by claiming to rid her of evil spirits. The prosecutor eventually dismissed these specific charges, but Uffi faced more conventional accusations of grand theft and fraud.

In another instance, a man named Hemas Kumar Muneppa was arrested for allegedly duping an elderly woman with a “spiritual service” that cost around $60,000. He faces charges of grand larceny and fortune telling and was released shortly after his arrest.

There are concerns, however, about the challenges of prosecuting these cases. Observers note that proving that fortune tellers—who assert their practices are spiritual or religious—are fraudulent can be quite difficult.

Albert Dayan, the defense attorney representing Uffi, discussed the ongoing legal proceedings, asserting her presumption of innocence while promising that all evidence will be thoroughly examined in court.

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