Grand Larceny

Published on: February 14, 2012

DA Vance Busts 37 Member Check Fraud Scheme that Netted Over $150K

Identity Theft, Forgery and Grand Larceny crimes are fairly easy crimes to perpetrate and depending your scheme, fairly easy to get away with. That is, of course, until you get lazy, sloppy or greedy and you get caught. Why, however, risk significant mandatory incarceration by selling cocaine or firearms when you can forge a few checks and make yourself six figures? Well, as tongue and cheek as that may be, Manhattan District Attorney Cyrus Vance has an answer for you as to why you should do none of the above. If you perpetrate a fraud offense such as those allegedly committed by a Brooklyn based crew of 37 individuals, Vance, et al. will be knocking on your door (actually, they – not including Vance – may be knocking it down).

According to Manhattan’s chief prosecutor, 37 members of an alleged organized check fraud and money laundering ring now face an indictment charging members with a wide range of felonies including Grand Larceny in the Second Degree, Grand Larceny in the Third Degree, Grand Larceny in the Fourth Degree, Money Laundering in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree, IDentity Theft in the First Degree and Conspiracy in the Fourth Degree. These crimes range from “E” felonies punishable by up to four years in prison to “C” felonies punishable by up to fifteen years in custody.

Published on: January 29, 2012

Multiple Convictions for Possessing the Same Stolen Property Over a Period of Time: Understanding Jeopardy & New York Penal Law Article 165

By Jeremy Saland

Under New York’s larceny laws and theft crimes statutes, certain crimes and offenses are completed at the time they are committed. Take, for example, Grand Larceny, pursuant to Article 155 of the New York Penal Law. Under New York Penal Law 155.30, a person commits Grand Larceny in the Fourth Degree when he or she steals a piece of property, regardless of its type or nature, with a value in excess of $1,000. For the purpose of this particular statute, a person is considered to have stolen property when he or she takes, withholds, or obtains the property of another person with the intent of depriving that person of the property. So long as the person possesses the property in question with the intent to deprive another person of that property, the crime is considered complete at the moment that he or she takes the property. The property need not be in the accused’s possession for a minimum of one hour, one day or one week to have perpetrated the crime of NY PL 155.30 or any other degree of Grand Larceny. It is the physical taking that is the hallmark of any New York Penal Law Article 155 crime.

While the rule above holds true for the vast majority of offenses, the nature of other larceny-related crimes can be considered more ongoing or part of a greater course of conduct. Under New York Penal Law 165.45, a person commits Criminal Possession of Stolen Property in the Fourth Degree when he or she knowingly possesses stolen property with a value more than $1,000. While the crime occurs when the defendant first comes into knowing possession of the property, the offense continues for as long as the person is in possession of that property. In other words, you could be arrested or “get in trouble” with the law whether you are found to be in this possession of stolen property minutes or weeks after its theft. The nature of possession, unlike a taking, can go on for an extensive period and does not end until that possession no longer exists.

Published on: January 3, 2012

Defining & Understanding “Scientific Material” in a New York Grand Larceny Arrest

By Jeremy Saland

When we think about theft and larceny in New York, it seems reasonable to assume that the dollar value of a stolen item will be more relevant to the crime than the actual item itself. For example, if you are charged with Grand Larceny by Embezzlement, the courts are not concerned with whether you stole $25,000 in cash, credit card advances or treasuries. Similarly, if you are caught shoplifting from Macys or Bloomingdales, it makes no difference whether you stole a dress, skirt, or ten pairs of slacks. What is relevant to the charged of Grand Larceny is the value of the property alleged to have been stolen.??

As any seasoned New York criminal defense attorney will tell you, however, the type of item stolen, rather than the item’s value, can sometimes play a significant role in the charge a defendant faces. ?If the item in question fits within certain categories, a defendant will automatically face a felony charge, regardless of the item’s value. These categories, listed under New York Penal Law 155.30, include: public records, secret scientific material, credit/debit cards, firearms, motor vehicles, and religious items, among others.