Saland Law PC, a New York white collar criminal defense firm founded by two former Manhattan prosecutors, is pleased to announced a recent “victory” and “top result” on behalf of a client charged with Embezzlement Grand Larceny in the Third Degree (New York Penal Law 155.35) and Identity Theft in the First Degree (New York Penal Law 190.80). Our client, an accountant and former board member for a not-for-profit organization in New York City, faced up to seven years in prison on each charge after prosecutors alleged that he had opened up a line of credit in a board member’s name. The District Attorney’s Office further claimed that our client used the board member’s information to maintain that line of credit. Ultimately, prosecutors concluded that our client funneled $25,000 from the bank for his own use.
Despite the allegations of Identity Theft as a means to perpetrate the Grand Larceny and Embezzlement, we successfully argued that the complainant had actually given our client the authority to open the account many years earlier even though the complainant initially denied this. Fortunately, we were able to find some corroboration to this defense. Ultimately, after a few months of wrangling, prosecutors agreed to dismiss the felony Identity Theft charge against our client and reduce the felony Grand Larceny charge to one misdemeanor count of Petit Larceny (the “shoplifting statute”). Although our client ultimately pleaded to the Petit Larceny in full satisfaction of all of the allegations against him, our client avoided the career ending and life altering collateral consequences of a felony conviction. Moreover, he did not have to make any restitution as part of his plea. Make no mistake. A misdemeanor is still a crime, but not as devastating as a felony with the associated maximum of seven years in state prison and restitution in the amount of $25,000.
For extensive information on Identity Theft, New York Grand Larceny, New York Embezzlement laws and crimes and case results, please follow the highlighted links. Additional information, including analysis of cases in the news, legal decisions and criminal statutes, is available on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com). A New York “related crime” Embezzlement primer can be found through the respective link as well.
Saland Law PC, a New York City based white collar criminal defense practice, represents individuals accused of white collar crimes throughout the NYC region. Saland Law PC was founded by two former Manhattan prosecutors and has obtained favorable results for our clients in white collar criminal allegations. Elizabeth Crotty served in the Trial Division and Investigation Division while Jeremy Saland served in the Trial Division as well as the Identity Theft Major Case Section.