$32,000 “Criminal” Bank Error: Client Avoids Prosecution After New York Detective Seeks Arrest for Grand Larceny

The New York Grand Larceny lawyers and former Manhattan prosecutors at Crotty Saland PC are pleased to announced that our client avoided both arrest and prosecution for allegedly stealing approximately $32,000 from a bank. Detectives in a New York City suburb had sought out our client for arrest after bank officials learned our client accessed an account that she did not have permission to utilize. During a few month period, our client allegedly withdrew tens of thousands of dollars.

Although a detective asked our client to surrender for her arrest, we argued that a bank error, and not fraud or theft on our client’s part, precipitated the alleged crime. In fact, we argued that her actions may not have been criminal. Specifically, the bank opened a sub-account under our client’s main account in error. There was no accusation that our client fraudulently opened the account or was involved in opening the account in any manner. One of our New York criminal lawyers argued that our client believed this was a line of credit or an account which she had permission to access. Fortunately, after discussions with counsel for the bank and with the detective, the bank agreed to withdraw any charges of Grand Larceny once our client paid back the money that she withdrew. Not only did our client avoid an acknowledgment of wrongdoing and an arrest for a “D” felony (New York Penal Law 155.35), but she circumvented any issues with her career and employment. Our client had faced up to two and one third to seven years in prison if arrested and convicted.

While this case, like every other, is unique and the results here in no way guarantee similar results in future cases, it was certainly handled the proper way. Instead of continuing to argue the merits of the arrest and the likelihood prosecutors would prevail at trial, we found a way to avoid the time, cost and uncertainty of being thrown into the criminal justice system. Without admitting any type of guilt, our client paid back the monies withdrawn from the account. With money in hand and without the concern of their staff being cross examined as to the errors that resulted in the money being incorrectly deposited into our client’s account, the bank “dropped” the charges.

For further reading on the crimes of Grand Larceny in New York, including Grand Larceny in the Third Degree, please follow the highlighted link. Information about Grand Larceny as well as legal rulings, cases in the news and other criminal statutes, is located on the New York Criminal Lawyer Blog.

The New York Grand Larceny Lawyers at Crotty Saland PC represent those accused of theft crimes throughout the New York City metropolitan area. Prior to starting the New York criminal defense firm, both founding partners served as prosecutors in the New York County (Manhattan) District Attorney’s Office.

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