Far from the most common and equally far from being one of the more complex white collar fraud and theft crimes in New York, Fraudulent Accosting, pursuant to New York Penal Law 165.30, is nonetheless a serious offense. In fact, as a misdemeanor crime, NY PL 165.30 is punishable by…
New York Theft and Larceny Lawyers Blog
Manhattan Grand Jury Indicts Abacus Federal Savings Bank and 11 Employees in Alleged Residential Mortgage Scam Topping Hundreds of Millions of Dollars
Nick Fury’s Howling Commandos have struck another blow against alleged criminal disorder in the great City of New York. Led by Manhattan District Attorney Cyrus Vance, Jr., prosecutors believe that Abacus Federal Savings Bank and eleven former employees were the central platform behind the sale of fraudulent loans to Fannie…
New York VIP Service Founder Indicted: Proprietor of Giuliano Group Concierge Accused of Grand Larceny from Clients
While an arrest for Grand Larceny can lead to an indictment charging only one crime, in New York City it is far from atypical for that Grand Larceny arrest to be a part of a much larger scheme. In fact, as shown by the recent arrest and indictment of Robert…
Establishing Knowledge of Criminal Possession of Stolen Property: Understanding Circumstantial Evidence in a New York Penal Law Article 165 Arrest
A sister crime that is equal to Grand Larceny and Petit Larceny, but established through distinct elements in New York, is Criminal Possession of Stolen Property. Ranging from an “A” misdemeanor up to varying felonies, Criminal Possession of Stolen Property encompasses both actual possession of stolen property and constructive possession…
Case Assessment: Manhattan Insurance Fraud Arrests Nab Three Including Physician
Aquaman never had to come up to breathe and it appears that Manhattan District Attorney Cyrus Vance, Jr. does not either. DA Vance’s Super Friends clearly have no interest in catching their collective breath as they continue to relentlessly pursue those believed to be the Legion of Doom’s villinious associates.…
When Theft of Services is Actually a Grand Larceny: Distinguishing Services from Commodities in a NY Grand Larceny Arrest
While the overlap between Petit Larceny and the varying degrees of Grand Larceny in New York is clear (Petit Larceny is a “lesser included offense” of Grand Larceny), what is the relationship between Theft of Services and those larceny offenses? Are Theft of Services and Grand Larceny in the Third…
Theft of Jointly Held Property: The “Zinke” Bar to Grand Larceny Prosecutions in New York
Most theft crimes are fairly straight forward. While that does not necessarily mean prosecutors can easily prove Grand Larceny beyond a reasonable doubt, roles of the parties are often clearly defined. That is, there is a defendant or the accused and the complainant or the victim. Whether the Grand Larceny…
Is Asportation (the Moving / Removing of Property) a Necessary Element of a New York Petit Larceny or Grand Larceny Shoplifting Arrest?
If you take a skirt, shoes or even groceries without paying from H & M, Saks Fifth Avenue or Whole Foods respectively, well, then, you must have committed a theft. Clearly, if you walked out of the store concealing the property or just without paying you are going to get…
When Taking Property of Another May Not be Stealing: Understanding Petit Larceny & New York Penal Law 155.25
“Stealing” is a term that we would all likely define in a similar way. Whether it is a shoplifting from Macys, Bloomingdales or Century 21 or it is a theft of a briefcase from a car or subway platform, the New York criminal law requires that certain elements be met.…
Bookkeeper for Brooklyn Public Administrator Allegedly Steals $2.6 Million from the Estates of the Dead
Manhattan District Attorney Cyrus Vance, Jr.’s League of Extraordinary Gentlemen (and women) has once again stuck a blow against The Fantom’s ranks. According to a press release, Richard Paul, the bookkeeper for the Kings County Public Administrator’s Office, stole “more than $2.6 million from the estates of individuals who died…