Articles Posted in Theft Offenses

Many people believe that if you need a top criminal defense attorney, or any for that matter, you are clearly guilty of something. Whether that belief is misguided is fairly irrelevant, of course, until it is you who needs a criminal defense lawyer. That said, there are very few things in life as debilitating and emotionally destructive as being accused of a crime you did not commit. Maybe you did something morally wrong or maybe you did nothing improper at all, but law enforcement, such as the NYPD and the District Attorney, or a complainant incorrectly interpreted your acts or intent. Yes, where there is smoke there is often fire, but life teaches us that this is by no means a given truth.

You, the accused, have rights and the prosecution must prove their case beyond a reasonable doubt. Their failure or inability to do so means your case should be dismissed. For a recent Crotty Saland PC client employed in the banking and financial sector, a dismissal of all charges, including felony Third Degree Grand Larceny, is just how the criminal case ended not merely because our client was innocent, but due to advocacy of those same criminal defense attorneys many of us believe only represent the guilty.

blackmaol-300x208At first she demands a few hundred or even a couple of thousands of dollars. Maybe he tells you he just needs some money because of an emergency, but you know what’s coming. You’re not naive. You can see the writing on the wall. Blackmail. Extortion. Coercion. Harassment. You say to yourself, “I am being blackmailed. I am being extorted. Do I hire an attorney to get my blackmailer to stop? Is there any alternative to stop an extorter other than the police? How do I best keep all of this a secret and not expose my affair, drug use, business fraud or other wrongdoing whether it is my victimizer is telling the truth or concocting a completely bogus story?” While each situation demands a different analysis as to the pros and cons of protecting yourself through the assistance of law enforcement or an attorney and private investigator, the moment you have handed over even one dollar to your blackmailer, he or she has committed the felony of Grand Larceny Extortion. That crime, Fourth Degree Grand Larceny, New York Penal Law 155.30(6), is a class “E” felony with a potential sentence of up to four years in prison. If your extorter threatens violence and some physical injury or to damage your property, the offense jumps to a class “C” felony of Second Degree Grand Larceny, New York Penal Law 155.40(2). Again, irrespective of the amount actually secured from you or the nature of the property, this offense is punishable by as much as fifteen years in prison.

As important as it is to know the consequences of your victimizer’s actions, it does not answer the question as to what you should do. Do nothing and hope that it will stop? File a complaint with the police? Hire an attorney to stop your extorter in his or her tracks? While the first of these options is not much of an option at all, the New York Daily News’ story on Crotty Saland’s PC’s “Busting Blackmailers” puts one option front and center.

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Any attorney who claims that white collar crimes are not as serious as those involving violence is a lawyer who likely has neither the knowledge nor experience how thefts, larcenies, frauds and other schemes are investigated and prosecuted in New York City or elsewhere in the Hudson Valley. While a theft crime for Embezzlement, Extortion, or another related offense may not require mandatory prison and incarceration upon conviction in most circumstances for first time offenders, the practical reality is that a sentence “upstate” is far from atypical. Even those who don’t face a sentence of this magnitude recognize that a felony conviction will forever tarnish their name, follow them throughout their lives and careers, and end never be expunged. Want to work in the financial sector, public sector, as a teacher, lawyer, physician, accountant, nurse or merely have a professional career? It will be a long time before you ever, if you can, run away from a conviction. Fortunately for a recent Crotty Saland PC client charged with Second Degree Grand Larceny, New York Penal Law 155.40(1), Fourth Degree Criminal Possession of Stolen Property, New York Penal Law 165.45(1), and Fourth Degree Grand Larceny, New York Penal Law 155.30(4), an adjournment in contemplation of dismissal will remove one of the most horrific experiences of our client’s life within six months.

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Don’t shoplift or don’t get caught may be the best advice anyone – criminal lawyer or not – can give to someone who plans on shoplifting or even wants that angel on his or her shoulder when that spur of the moment pang kicks in. While the former is a far better choice, the reality of the world is that many people do shoplift and countless numbers of those people get arrested and prosecuted for crimes. Whether you are a foreign national with an H-1B or an F-1 visa, a financial services provider regulated by FINRA, an accountant, lawyer, teacher, nurse, bartender, construction worker, student or stay-at-home-mom, the charges you will likely face are the same. Certainly, destroying merchandise by tearing off security devices, changing tags, or being part of a larger crew may impact the ultimate charges you face or tenacity of the District Attorney’s Office in pursuing those charges, but assuming the value of the items stolen is $1,000 or less then the two likely crimes are Petit Larceny, NY PL 155.25, and Fifth Degree Criminal Possession of Stolen Property, NY PL 165.40. This blog entry will address these potential shoplifting offenses and arrests at both The Westchester and Galleria Mall in White Plains, New York.

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The Palisades Mall in West Nyack, Rockland County, is one of the area’s premier shopping centers. But having high end stores selling expensive merchandise does lend itself to a fair share of problems. Yes, the costs of some items may be prohibitive, but the bigger issues is when someone decides that while at the Palisades Mall they are going to shoplift and steal from The Home Depot, Modell’s, Gap, Staples, DSW or any of its dozens of stores. Depending on the nature of the theft, and remember you do not need to leave the store or the mall itself to be arrested for shoplifting, and the value of the property you attempt to steal, an accused shoplifter can face either misdemeanor or felony charges. These crimes range from Petit Larceny to Grand Larceny as well as the “sister” crimes of Criminal Possession of Stolen Property. This blog entry will address shoplifting Crimes in Rockland’s County’s Palisades Mall, prosecution for these crimes in Clarkstown Justice Court and the potential offenses that can land an alleged shoplifter ultimately in Rockland County Court.

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Whether you are a high school teacher, elementary school nurse, administrative staff or a paraprofessional, if you are employed by the New York City Department of Education (DOE) an arrest and prosecution raises numerous flags in both the criminal court and with the City of New York. Simply, any arrest –  misdemeanor or felony, through a Desk Appearance Ticket (DAT) or being hauled before a judge in criminal court – involves numerous moving pieces that you must address to preserve your career. Certainly, any arrest for any person is compromising. A shoplifting arrest in Manhattan where you are given a DAT for PL 155.25 or PL 165.40, a cocaine or other drug possession charging PL 220.03 in Brooklyn or even a turnstile jump or failure to pay a cab resulting in an arrest for PL 165.15 in Queens may not seem to be the most serious crime in the spectrum of New York City prosecutions, but to a DOE teacher or other employee, the concerns are real. Again, any arrest is compromising, but even if there is a limited likelihood for incarceration and you are not charged with an Assault, Grand Larceny or DWI, there are steps you must take in addition to those you are pursuing before the criminal court where you and your criminal defense attorney are fighting the allegations. To start, you should examine and review Chancellor’s Regulation C-105 that dictates the policy and management for arrests involving DOE employees.

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New York Blackmail and Extortion comes in different “flavors” and “sizes”. These cases are often as unique as the circumstances, victims and perpetrators. Often, when there is an extortion, threat of embarrassment, demand for money or mere harassment, a victim is hesitant to go to the police even when the law is clearly on his or her side. Similarly, there are situations where the harassment, emails, calls, threats, demands, stalking or other conduct may actually skirt violating the New York Penal Law. Call the police anyway? Risk your business, name or family relationships? Are there other options that can potentially put an end to this misery? Simply, when does a victimizer’s actions violate the New York Penal Law and what if anything should, or can, you do?

This blog entry will not serve as a substitute for an in depth analysis of your particular case. In fact, it in no way will address your case but instead identify potential issues and how you can take control of a situation that may derail your life if you let it fester and grow.

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Healthcare Fraud (a/k/a Health Care Fraud) is crime vigorously pursued by local District Attorney’s Office and the New York State Attorney General. The basic idea or theme behind any New York Penal Law Article 177 crime, investigation or arrest is that a defendant “with intent to defraud a health care plan… knowingly and willfully provided materially false information … for the purpose of requesting payment from a health plan for a health care item or service and, as a result of such information …, [the defendant] or another person received payment in an amount [to which the defendant or another person was] not entitled.” Depending on the nature or aggregate value of the payment received, Healthcare Fraud in New York State (it is irrelevant if alleged fraud occurs in Manhattan, Brooklyn, Queens, White Plains, Yonkers or Albany) is either a misdemeanor or a felony offense. Once an individual is alleged to have received from a single health plan at least $3,000.00, the crime graduates to the class “E” felony of Health Care Fraud in the Fourth Degree. This crime is punishable by as much as four years in prison. Obviously, should the aggregate amount be greater, the felony and incarceration exposure increases significantly.

With this general understanding of New York’s Health Care Fraud statute, the following blog entry will provide a little more insight into what actions can be the basis of a criminal violation.
In People v. Khan, 18 NY 3d 535 (2012), the Court of Appeals grappled (that may be an overstatement) with the nature of proof required for a conviction under the Health Care Fraud statute. There, the New York City Police Department (NYPD) and the New York City Human Resources Administrations conducted an undercover investigation of NYC Pharmacy, Inc. NYC Pharmacy Inc. is a pharmacy located in Upper Manhattan.

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The Martin Act, New York General Business Law 352 and related subsections, is the hammer in a prosecutor’s toolbox to investigate and prosecute securities fraud in New York State. The New York State Legislature passed this “blue sky law” to regulate fraudulent securities transactions and to provide the New York Attorney General (a prosecutor with jurisdiction anywhere in the State of New York), with grounds to bring a civil law suit against perpetrators of financial fraud. In 1932 the act was expanded to allow the Attorney General to bring criminal charges, and request criminal sanctions, against perpetrators of financial fraud.

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In a prior bog entry, I addressed some of the potential felony arrest charges you can face if you commit credit card fraud, debit card fraud or check fraud in New York. As a New York criminal lawyer and former Manhattan Assistant District Attorney, I have either prosecuted or defended hundreds of these crimes involving stolen or fake credit cards, bogus checks and other alleged scams netting a few dollars to millions of dollars. While certain crimes associated with check fraud and credit card fraud in New York are not necessarily impacted by the value of the ill gotten gains (Forgery, Criminal Possession of a Forged Instrument and Falsifying Business Records – see other blog entries and CrottySaland.Com for information on these offenses), the degree of other crimes and offenses share a direct correlation with the associated theft or larceny. Beyond the “D” and “E” felonies listed above, these crimes include Grand Larceny and felony Criminal Possession of Stolen Property.

Grand Larceny: Credit Card, Debit Card & Check Fraud

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