General Grand Larceny

Published on: October 16, 2016

Intent to Deprive vs. Intent to Possess: Is Possession a Necessary Element of Petit or Grand Larceny

Most value based theft crimes share the same elements as one another outside of the necessity that the property in question reach a certain amount to raise the level of the offense. For example, Petit Larceny involves property valued at $1,000 or less while First Degree Grand Larceny requires that the property stolen be worth more than $1,000,000. Putting aside Grand Larceny crimes in New York that are item or object specific, stealing a credit card for example is automatically a felony of Fourth Degree Grand Larceny, the underlying elements are generally the same. You can look to NY PL 155.25, NY PL 155.30, NY PL 155.35 or an of the larceny crimes of the New York Penal Law and the common elemental bond is that you are guilty of larceny when you steal property. Taking this analysis one step further, Penal Law 155.05(1) mandates that “[a] person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”

With these definitions in hand, the question presented by this particular blog is whether or not merely depriving someone of their property is sufficient to constitute a crime of larceny – Petit or Grand. Further, must the taking be permanent, for a long frame time or some other lesser period?

Published on: October 11, 2016

Svetlana Zakharova Extortion and Blackmail Update: Prosecutors Allege $400,000 Schemed from Spitzer and a Potential Unrelated Second Victim

By Jeremy Saland

Yes, when it rains it pours. No, not just pours, but it comes down in hail like driving sheets of rain. From catching a flight out of Russia to the United States expecting to traipse around Gotham before heading elsewhere to getting whisked away in handcuffs by the NYPD to the “Tombs” of Manhattan Central Booking, Svetlana Zakharova is arguably soaked to her core. What was initially described by the media as an attempt to extort approximately $50,000 from Eliot Spitzer, was in fact an actual and completed Grand Larceny by Extortion. According to the allegations leveled by a Bronx prosecutor serving as a special prosecutor on behalf of the Manhattan District Attorney’s Office, Zahkarova succeeded in scaring the heck out of Client 9 to the point that he paid his alleged extorter $400,000.

Armed with the new allegations provided at Zakharova’s arraignment in Manhattan Criminal Court, the presiding judge set bail to the tune of $1 million. Right or wrong, excessive or not, not only will Zakharova have time to put her defense together, but selfishly I can now leisurely put my rambling thoughts together to offer a brief analysis of the crimes Zakharova faces.

Published on: October 11, 2016

Eliot Sptizer’s Alleged Assault Victim, Svetlana Zakharova, Arrested For Attempted Extortion: Understanding New York Blackmail Law

By Jeremy Saland

Eliot Spitzer, the onetime New York State Governor and Attorney General, has once again found himself immersed in controversy. According to reports, however, the new tabloid fodder is not centered around alleged wrongdoing on the part of Client 9, but his alleged Attempted Extortion and Blackmail by Svetlana Zakharova, aka, Svetlana Travis. More specifically, Zakharova (Travis) had claimed that Spitzer met her in February 2016 at the Plaza Hotel in New York City where he choked and pushed her inside one of the rooms. Although merely speculation, it was reported that Travis worked as a high end Russian call girl and escort for as much as $5,000.00 a night. Despite Travis’ claims, after making the report to the police she refused to cooperate and returned to Russia. At some point she made financial demands of Spitzer who in turn initiated a civil suit against Travis only later dropping it.

Although I am not privy to the NYPD’s and Manhattan District Attorney’s investigation that led to the arrest of Svetlana Travis, the law of Extortion does not change from case to case. Instead, evidence must fit into the legal parameters of this crime. This blog entry will address this Grand Larceny offense and how the facts as they may be satisfy the elements of this alleged crime and conduct.

Published on: October 5, 2016

Is a Stolen Motorized Wheelchair the Same as a Vehicle in a Grand Larceny and Unauthorized Use of a Vehicle Indictment

By Jeremy Saland

While most people think of larceny and criminal possession of stolen property in two or three general ways – shoplifting, embezzlement or some scheme to steal money – perception is not reality. As a New York criminal defense attorney and former Manhattan Assistant District Attorney I have personally defended or prosecuted a wide variety of thefts that range from complicated schemes involving multiple people and millions of dollars to incidents as “simple” as a person stealing a laptop from bar or restaurant. In most cases, the dollar amount of the property regardless of its nature or type is the controlling factor as to the severity of the crime. For example, when the value of the property is more than $1,000 then the offense is a Fourth Degree Grand Larceny or Fourth Degree Criminal Possession of Stolen Property pursuant to New York Penal Law 155.30 and 165.45 respectively. Class “E” felonies, these crimes would not be applicable if the dollar amounts were less or more. In those cases the applicable crime to charge could be Petit Larceny or Fifth Degree Criminal Possession of Stolen Property on the lower end and higher degree felony for values exceeding $3,000, $50,000 or $1 million. Similarly, when a theft or larceny involves a specific type of property, such as a credit card, secret scientific material, a firearm or certain vehicles, then the offense is automatically a felony even if the financial threshold has not been met.

Continuing with the vehicle theme, while the following case is not one of those that is based on vehicle type and value as specified in PL 155.30(8) and PL 165.45(5), it is a bit off from the normal context of these types of crimes. Why is it worth blogging about? Because the case represents that whether or not you subjectively believe something has value or your conduct is not an extortion, embezzlement or shoplift, a judge or jury can still convict you for a felony crime. You’ve been warned.

Published on: September 29, 2016

Challenging Restitution in a New York Theft Case: NY PL 60.27 and the Restitution Hearing

By Jeremy Saland

Where a defendant is to plead guilty or in fact accepts responsibility for an arrest involving a Grand Larceny crime in New York, there is often an amount of restitution that prosecutors attempt to secure as part of a negotiated plea. No, the District Attorney is not mandated or required to make a victim of a Scheme to Defraud, Grand Larceny or other theft whole, but it is common for prosecutors to proactively secure as much of the monies possible and for defendants to make that payment in advance or in the future as part of the disposition. Where a theft, by embezzlement or any other scheme, is charged as Fourth Degree Grand Larceny (New York Penal Law 155.30), Third Degree Grand Larceny (New York Penal Law 155.35), or Second Degree Grand Larceny (New York Penal Law 155.40), there will almost always be a component of restitution up front if the accused has the means. Why? Barring the monies or property being returned, the crimes themselves reflect a wrongful taking of in excess of $1,000.00, $3,000.00 or $50,000.00 respectively. In the event the offense charged is greater than $1 million, then a conviction for First Degree Grand Larceny (New York Penal Law 155.42) will have the added issue of mandatory state prison with a minimum of a one to three year sentence and a maximum of eight and one third to twenty five. Simply, these thefts involve property or money with significant value and the DA will not turn a blind eye to a victim’s loss.

While the purpose of this blog is not to address the specific crimes involving Grand Larceny, Criminal Possession of Stolen Property or Scheme to Defraud, the issue here is to identify what your right is to challenge the amount you are claimed to have stolen even if you accept responsibility and plead guilty. If you admit to stealing in excess of $50,000.00, for example, because the prosecution claims the amount is $250,000.00 does that mean you must simply acquiesce to this value and you will be responsible for those dollars one way or another?

Published on: July 17, 2016

Manhattan Embezzlement Investigation Results in No Charges: Grand Larceny Case in Excess of $100,000 Stops Short of Arrest

By Jeremy Saland

Sometimes the threat of an arrest or prosecution is enough to send an innocent person into a deep depression or panic. After all, if an Assistant District Attorney or detective with the NYPD is asking you questions (never forget your right to counsel and similar right to refuse to answer questions), the hint of wrongdoing is as embarrassing as it is crippling. In the context of a White Collar crime such as a larceny, theft, tax fraud or embezzlement related offense, whether it is your neighbor, employer, accountant or friends, when these people are subpoenaed or merely questioned by law enforcement, the brand of the Scarlet Letter is coming in hot. With or without an arrest, the old adage of “where there’s smoke there’s fire” holds true even if you are free from any wrongdoing. Simply, it is never too early for you and your criminal lawyer to get in front of these types of allegations.

As New York criminal defense attorneys familiar and experienced in every stage of a criminal case from the investigatory inception through trial before a judge or jury, one thing that Saland Law PC does with regularity is consult with clients to best get them out in front of any allegation of wrongdoing. A recent White Collar case handled by one of our criminal lawyers demonstrates how this strategy can, in the right circumstance, provide closure to a subject or target while freeing them from even the appearance of impropriety.

Before ultimately declining to prosecute our client, prosecutors in the New York County (Manhattan) District Attorney’s Office investigated an alleged fraud that had the appearance of a Grand Larceny Embezzlement and Second Degree Grand Larceny. Because the nature of the accused theft by our client exceeded $50,000, but was less than $1,000,000, our client not only had exposure to a felony, but a sentence of as much as five to fifteen years in prison. In fact, like any type or form of Grand Larceny in New York, the value dictates the charge. In the event there was an arrest, indictment and conviction, New York Penal Law 155.40 would have left our client vulnerable to not only incarceration, but jeopardized our client’s professional licenses and certifications. Generally speaking, even without going to prison, an accountant, lawyer, physician or any similarly situated professional monitored by FINRA or FDIC regulations, answerable to a legal Bar Association, or any other accrediting body would compromise their livelihood with such an arrest.

Published on: February 5, 2016

Physician Arrested for Third Degree Grand Larceny Shoplifting Receives ACD Dismissal: NY Criminal Defense Results

By Jeremy Saland

There are very strict and unforgiving laws in New York State. The New York Penal law, when addressing financial crimes, has dollar amount thresholds that upon their breach the crime is enhanced. What this means is that if you steal by any means property valued in excess of $1,000 is an “E” felony of Fourth Degree Grand Larceny (New York Penal Law 155.30). If that amount exceeds $3,000 then it is a “D” felony of Third Degree Grand Larceny (New York Penal Law 155.35). The next thresholds are at $50,000 and $1 million. There are corresponding offenses for Criminal Possession of Stolen Property (again, it is value based for the most part barring some exceptions so the nature of the property is irrelevant). Not only is there a concern for an accused that he or she can face incarceration in prison – up to four years on an “E” felony and seven years on a “D” felony – there are other concerns for professionals and foreign nationals. Even without stepping foot in a jail, a conviction can end a career or make a person inadmissible in the future. Potentially, for the latter group of individuals, the offense could be an Aggravated Felony. Due to all of these collateral and direct concerns with felony arrests, it is imperative to formulate a plan when accused of these or any crime and your exposure is great. Unfortunately, a scenario played out for a Saland Law PC client who was both a physician and a foreign national.

Published on: January 25, 2016

Criminal Possession of Stolen Property: If You Did Not Steal the Property Can You Still Be Arrested for Criminal Possession

By Jeremy Saland

In New York, Criminal Possession of Stolen Property fits into five separate categories or degrees when value is considered. These are Fifth Degree Criminal Possession of Stolen Property (New York Penal Law 165.40), Fourth Degree Criminal Possession of Stolen Property (New York Penal Law 165.45), Third Degree Criminal Possession of Stolen Property (New York Penal Law 165.50), Second Degree Criminal Possession of Stolen Property (New York Penal Law 165.52) and First Degree Criminal Possession of Stolen Property (New York Penal Law 165.54). The threshold for determining the value or dollar amount for these crimes are $1,000 or less, greater than $1,000, greater than $3,000, greater than $50,000 and in excess of $1 million respectively. Further, other than Fifth Degree Criminal Possession of Stolen Property, each of these crimes are felony offenses. Putting aside valuation (another issues not addressed here is the means by which courts determine or assess value), the basic language of a Criminal Possession of Stolen Property arrest, misdemeanor complaint or felony indictment, is that the accused knowingly possessed stolen property. Further you must also have the intent to benefit yourself or impede the owner from recovering his or her property whether it is money from a bank account, an antique watch or an iPad.

The question posed here is whether you can be arrested, charged with and ultimately found guilty by a judge or jury for any degree of Criminal Possession of Stolen Property even if you did not actually steal the property, were not present when the property was stolen, had no involvement in the actually taking and were not arrested for and charged with Petit Larceny (New York Penal Law 155.25) or any degree of Grand Larceny? The simple and short answer is “yes.”

Published on: January 12, 2016

New York Fraud, Larceny and Theft Arrests: Consequences and Disclosures Associated with FDIC, FINRA and Your Form U4

By Jeremy Saland

Fraud arrests are embarrassing. Theft arrests are compromising. Larceny arrests are stigmatizing. Felony arrests in New York? Those can land you in prison. Misdemeanors? By Desk Appearance Ticket or full processing in Central Booking, there is potential for incarceration too. Whether it is a shoplifting arrest or DAT for violating the Petit Larceny statute of New York Penal Law 155.25 or Fifth Degree Criminal Possession of Stolen Property Statute of New York Penal Law 165.40, a fake identification arrest for violating the Third Degree Criminal Possession of a Forged Instrument statute of New York Penal Law 170.20, a failure to pay a cab fare arrest for violating New York Penal Law 165.15, or any other crime involving Forgery, Falsifying Business Records, Theft of Services, Scheme to Defraud or Grand Larceny, if you are regulated through FINRA or FDIC, the ramifications can be a “game changer” to your career and livelihood. While you can potentially avoid reporting certain misdemeanor crimes on your Form U4, if you are charged with any felony (even if it is later reduced or resolved in a non-criminal manner) or convicted of the same, you will have to answer for your alleged actions. Even if the offense you are accused if is merely a misdemeanor (“merely” is a relative term as New York does not expunge criminal convictions for these crimes) and the offense involves fraud, forgery, wrongful taking of property or even false statements or omissions, you will be required to report the alleged infraction. This blog entry will not address the substance and definitions of the above crimes (that can be found throughout this blog and the New-York-Lawyers.org website), but reporting of these arrests and convictions on your U4 and consequences associated with FINRA regulations and those involving FDIC insured banks.

Published on: November 30, 2015

When Can NY Prosecutors Aggregate and Combine Separate Thefts to Increase a Petit Larceny to a Grand Larceny

By Jeremy Saland

The difference between a felony larceny arrest when compared to a misdemeanor larceny crime in New York is significant. After all, felonies are crimes that are more likely to negatively impact professional licenses, immigration statuses, and other privileges and rights. Further a Grand Larceny conviction, as opposed to a Petit Larceny conviction, carries a greater potential term of incarceration. In New York, for example, a PL 155.25 (Petit Larceny) conviction is punishable by up to one year in jail while a PL 155.30 (Fourth Degree Grand Larceny) or PL 155.35 (Third Degree Grand Larceny) conviction is punishable by up to four years and seven years in a New York State prison respectively. Other Grand Larceny crimes such as Second or First Degree Grand Larceny are punishable by even greater years of incarceration.

What the above information highlights is the fact that should you face an arrest or indictment for a larceny crime in New York, one of the critical questions you should ask is whether or not the dollar amount of the theft can be decreased thereby lowering the degree of the crime. In concrete terms, can a Third Degree Grand Larceny be reduced to a Fourth Degree Grand Larceny or a Fourth Degree Grand Larceny be knocked down to a Petit Larceny? The following blog entry will analyze the aggregation scenario where crimes can be increased or enhanced and one worthy of discussing with your own criminal lawyer in the event it is on point with your case.