Criminal Possession of Stolen Property

Published on: January 7, 2014

Approximately 80 Retired NYPD & FDNY Officers Arrested by Manhattan DA Vance in Multi-Million Dollar Disability Fraud Scheme

What can fairly be characterized as one of Manhattan District Attorney Cyrus Vance’s most notable and significant indictments to date, Gotham’s chief law enforcement officer announced the indictment of dozens of former New York City police officers and firemen in a Social Security fraud scheme tied to 9/11 retirements. As tweeted by Vance, “[t]he charged scam went on for decades & investigators estimate that the amount stolen from taxpayers could reach $400 million.” Based on the allegations, approximately 80 former members of the NYPD and FDNY will face varying criminal counts including Grand Larceny in the First Degree (New York Penal Law 155.42) and Grand Larceny in the Second Degree (New York Penal Law 155.40) based on the alleged conduct of obtaining between $30,000 to $50,000 a year in bogus mental health benefits from the Department of Social Security for one and two decades. Other lesser felonies may be charged in the indictment including First Degree Offering a False Instrument for Filing (New York Penal Law 175.35) and similar offenses.

Because the law allows prosecutors to aggregate the benefit obtained from one “victim” by one alleged perpetrator of a larceny crime, the alleged fake claims made here can be added up for the specific individual associated with a particular theft. Additionally, a ring leader who has his hand in completing the larceny offenses can potentially be charged as an accomplice making him liable for more than what he personally stole. For example, if a former detective, police officer or firefighter is accused of falsely obtaining $35,000 in benefits a year for ten years, that defendant would be potentially liable for $350,000. Because the amount is greater than $50,000, but less than $1,000,000, the applicable crime he would face would be Second Degree Grand Larceny. If the total exceeded $1,000,000, whether the accused was charged as an individual in the aggregate or as an accomplice in multiple crimes, prosecutors would likely charge Grand Larceny in the First Degree. An alternative theory would permit prosecutors to charge the head schemer who had his hands in many pots for each of the separate Second Degree Grand Larceny offenses. Whether one faces a conviction for NY PL 155.42 or NY PL 155.40 is relevant. The former crime carries a mandatory term of imprisonment upon conviction of one to three years and as much as eight and one third to twenty five. The latter offense is punishable by “only” as long as five to fifteen years in prison.

Published on: July 17, 2013

Shoplifting Arrests in New York While Inside a Retail Store: A Review of the New York Legal Standard

By Jeremy Saland

Its a common theme or perceived defense to shoplifting in New York City that routinely rears its head from those accused of shoplifting and attorneys not necessarily familiar with how to defend a shoplifting arrest. “I didn’t leave the store so how can I be guilty of a crime involving theft or stealing? How do the crimes of New York Penal Law 155.25 or New York Penal Law 165.40 apply to me?” Even more common than the question, the answer is always the same. Yes, an experienced shoplifting attorney and criminal lawyer knows that each case is fact or evidence specific, but you can be arrested and charged with the shoplifting crimes of PL 155.25 or PL 165.40 without taking a step outside the walls of the retail store where you were arrested.

A recent decision, and one I am confident your criminal attorney or New York shoplifting lawyer or should have read, that addresses this precise issue is People v. Bailey, 2013 NY Slip Op 51021 – NY: Appellate Term, 1st Dept. 2013. In Bailey, the defendant moved to dismiss a complaint (an information) for facial sufficiency because the defendant believed that the conduct described in that complaint did not satisfy the elements and establish the minimum criteria for violating the Petit Larceny and Fifth Degree Criminal Possession of Stolen Property statutes. There, the People drafted the accusatory instrument stating in substance that the defendant “removed six pairs of earrings from a display, ‘conceal[ed]’ them inside her jacket sleeve, and ‘walk[ed] past more than one open register and move[d] to another floor in the store in possession of the property and without paying for it.'”

Published on: January 14, 2013

Lawyer Arrested for Felony Shoplifting Can Avoid Criminal Record: Grand Larceny Arrest Repleaded to Allow Non-Criminal Violation

By Jeremy Saland

Arrests for shoplifting in New York City are horrendous, but when that arrest is for shoplifting property valued more than one thousand dollars ($1,000), the accusation can become a game changer in terms of your future both inside and outside the courtroom. As noted and addressed in numerous blog entries, any New York arrest that involves a theft or larceny greater than $1,000 is a felony. In practical terms, this means that should you be convicted, you can lose not just your freedom to incarceration, but you can also lose your professional license to practice in your given field. Unfortunately for a client of Saland Law PC, this is the exact scenario our client faced after being charged with an “E” felony shoplift for allegedly stealing between $1,000 and $3,000 worth of clothing from a department store.

Not the first professional or graduate school educated client represented by the New York criminal defense attorneys at Saland Law PC for felony shoplifting and Grand Larceny in the Fourth Degree (New York Penal Law 155.30), our criminal lawyers knew they had their work cut out. For professionals such as this particular client, it is not just that a felony would be an unacceptable resolution, a misdemeanor plea to Petit Larceny (New York Penal Law 155.25) or Fifth Degree Criminal Possession of Stolen Property (New York Penal Law 165.40) would be only nominally better. Although it took significant amount of time preparing “papers” as to why our client deserved the benefit of the doubt and explaining the incident beyond the four corners of the felony complaint, eventually the District Attorney’s Office agreed to give our client a “re-pleader.” In the world of criminal law, such a disposition provides an accused a means to avoid a criminal record if he or she follows certain criteria established in advance of a plea. Although not necessarily part of this particular deal, such conditions may include counseling, community service or a fine. After an agreed upon time frame, the accused is able to withdraw his or her plea and obtain a violation or even an ACD.

Published on: December 22, 2012

Overzealous & Eager Store Security: When Your Innocent Acts Lead to a Wrongful Shoplifting Arrest in NY

By Jeremy Saland

Shoplifting arrests throughout New York City are relatively common events. Sadly, whether it is at Bergdorf Goodman in Manhattan, Century 21 in Queens or any other department store in Brooklyn, often time an overzealous or moderately experienced store security officer is all to eager to assume you were shoplifting. Even worse, they are ready to bully you into signing paperwork they will shove in your face without explanation. Maybe it is because there are bonuses paid by employers or built in incentives, but whatever the reason there have been countless people accused of and arrested for shoplifting in New York who committed no crime at all. Not only have I witnessed this as a New York criminal defense attorney who routinely represents clients in shoplifting arrests, but as a Manhattan Assistant District Attorney where I prosecuted shoplifters for both felony and misdemeanor offenses.

A case that drives this point home is People v. Lioudmila Haimovici. In Haimovici, it was alleged that the defendant stole from a Macy’s Department Store. More specifically, Haimovici was charged with and arrested for violating New York Penal Law 155.25, Petit Larceny. An A misdemeanor, NY PL 155.25 is a serious crime that carries a sentence of as much as one year in a county jail (hello, Rikers!). It was alleged that the defendant brought unpaid store merchandise into a restroom where he was then stopped immediately after exiting a stall. After a bench trial (also called a “judge trial”), the court found the defendant guilty of Attempted Petit Larceny, New York Penal Law 110/155.25.

Published on: September 18, 2012

What it Means to be Indicted for Theft & Larceny Crimes by a Grand Jury in New York

By Jeremy Saland

Arrests in New York for theft crimes such as Grand Larceny, Scheme to Defraud, Criminal Possession of Stolen Property and Criminal Tax Fraud are bad enough. However, New York Grand Larceny lawyers and theft attorneys have greater concerns well beyond an arrest. Certainly, an arrest for Grand Larceny in the Third Degree (New York Penal Law 155.35) or Criminal Possession of Stolen Property in the Second Degree (New York Penal Law 165.52) is far from enviable and is absolutely terrifying for the accused and his or her family, but an indictment takes these concerns to a much higher level.

Without any context, the mere assertion that an indictment is more concerning than the initial arrest is often lost on an accused. However, if you take little away from this blog entry remember that an indictment is something that an accused should always seek to avoid. This blog entry will briefly address what it practically means to be indicted on a New York larceny crime while supplying some basic information about New York Grand Juries.

Published on: September 11, 2012

Using the “Obvious” as Part of the Criminal Prosecution or Defense to a NY Criminal Possession of Stolen Property Arrest

By Jeremy Saland

While it is sometimes fairly easy for prosecutors to establish the crime of Criminal Possession of Stolen Property after a defendant admits to knowing the property is stolen or the defendant is observed actually stealing the property, not all arrests and indictments in New York for Criminal Possession of Stolen Property are that clear. Instead, some Grand Larceny and Criminal Possession of Stolen Property cases defended by criminal defense attorneys are allegations that are based more on circumstantial evidence or presumptions found in the New York Penal Law. Prosecutors in New York often even ask jurors and judges to rely on their common sense when determining if a crime has been committed (who would have thought that?!?!). In the realm of New York arrests involving Criminal Possession of Stolen Property, a criminal lawyer needs to be ready for anything.

In People v. Bester, 163 A.D.2d 873 (4th Dept. 1990), a defendant was arrested for violating New York Penal Law 165.50. Prosecutors were required to prove Third Degree Criminal Possession of Stolen Property by establishing beyond a reasonable doubt that the defendant knowingly possessed property with the intent to benefit himself and the property was worth more than $3,000 but not more than $50,000. There, the defendant argued that prosecutors failed to establish the defendant’s knowledge that he knew the property was stolen. Bester claimed that he purchased a properly packaged fibergastroscope (a medical device) from a pawn broker for $20 without any knowledge it was stolen.

Published on: September 5, 2012

Interesting Legal Wrinkles in New York Credit Card Fraud Defense: Examining “Property” & “Owner” in a NY Grand Larceny & Stolen Property Case

By Jeremy Saland

When one is arrested in New York for Grand Larceny of Criminal Possession of Stolen Property, the property in question is often ascertainable in a quick and easy manner. After all, if you steal a car, a painting or money, the property “speaks for itself.” Equally clear, the owner of the property is usually obvious because a defendant is accused of stealing that property from a particular person or business. Often time the bigger issue that New York theft lawyers and larceny defense attorneys contend with is not whether the item stolen constitutes legal property or who the owner is, but whether or not the value of that property constitutes a misdemeanor, lower felony or a felony where prison is mandatory.

Before addressing the “legal wrinkles” in this blog entry’s title, let’s briefly define property. According to New York Penal Law 155.00(1), property is defined as money, personal or real property, evidence of debt or contract or any thing of value. Defined under New York Penal Law 155.00(5), an owner is a person who has a right of possession superior to the person who takes the property. It is important to note, however, a joint owner does not have superior rights to his or her fellow common owners.

Published on: August 23, 2012

Torah Crowns Stolen from Young Israel Synagogue of Queens Valley: Potential Crimes & Arrest Charges for Stolen Religious Property

By Jeremy Saland

According to the New York Daily News, a yarmulke sporting thief allegedly stole two “torah crowns” from Young Israel of Queens Valley. Posing as a congregant, it is alleged that the unapprehended varmit’s ill gotten gains netted him in excess of $1,000. Assuming the alleged perpetrator of this synagogue theft is ultimately caught, what potential crimes could he face?

One of the first thing that prosecutors do in any theft case is ascertain the value of the stolen property. Once the aggregate value of stolen property from one victim exceeds $1,000 (and is $3,000 or less as in this case), Assistant District Attorney know that they have a Fourth Degree Grand Larceny felony. More specifically, adding the value of the two torah crowns together, prosecutors will have on charge of New York Penal Law 155.30(1). While the theft of an individual torah crown may only be a misdemeanor Petit Larceny (New York Penal Law 155.25), the aggregation law allows law enforcement to pursue felony Grand Larceny prosecutions where there are multiple thefts over any period of time and from the same complainant.

Published on: August 12, 2012

Is an Expert or an Owner Required to Establish the Value of Stolen Property in a New York Grand Larceny Arrest

By Jeremy Saland

When accused or arrested for any Grand Larceny crime in New York, each and every dollar or cent can potentially be relevant in determining the appropriate degree of Grand Larceny you may face. In fact, having a New York Grand Larceny lawyer or criminal defense attorney analyze the value of the property allegedly stolen can potentially be a critical piece of any defense. While an arrest for Grand Larceny Embezzlement may not require the same review due to the nature of the stolen property (cash or money), when the stolen property consists of computers, vehicles and televisions have a more subjective value that diminishes (or increases) over time, determining the correct market value can mean the difference between facing no jail and up to four, seven, fifteen and even twenty five years of incarceration.

As I have addressed through this blog as well as our sister blog (NewYorkCriminalLawyerBlog.Com), the initial assessment in ascertaining value of property is to determine the market value of the property at the time of the theft or larceny. So, for example, if someone steals your iPad, laptop computer and iPhone, who better to testify or establish the market value than the owner? After all, an owner knows the condition of the property, what applications were installed and the age of the items in question. Can’t a victim of theft merely assert a particular value to satisfy the legal burdens of the New York Penal Law? The simple answer to this question is that there is no easy answer. However, this is where the value or importance of your criminal lawyer may truly rear its head. Whoever that person is who establishes value, what must be done to ensure that it is accurate and fairly represents the market value of the items in question and how can your attorney challenge that determination?

Published on: July 26, 2012

DA Vance Doubles Down: Two Alleged Bank Fraudsters Arrested on Same Day

By Jeremy Saland

In a move reminiscent of “doubling down,” Manhattan District Attorney Cyrus Vance, Jr. is showing us all that he has earned his chops as New York’s top prosecutor (and 90th President of the District Attorneys Association of the State of New York). Unfortunately, for two accused felons, these chops are being achieved, in part, on their respective backs. According to the press releases of two unrelated arrests, Fordin Francois and Edward Lewando are alleged to have committed the crime of Grand Larceny in the Second Degree (New York Penal Law 155.40) for stealing more than $700,000 and $300,000 respectively.

Prosecutors believe that Francois, a personal banker at JP Morgan Chase, defrauded at least seventeen bank accounts between January and June 2012. It appears that after obtaining personal identifying information of the bank’s clients, Francois shared this information with others who posed as account holders and made wire transfers. Additionally, it is believed that the fake checks were deposited into the accounts and ultimately drawn upon. Compounding matters, prosecutors claim that Francois had a briefcase with personal identifying information of JP Morgan Chase banking clients.