New York Theft and Larceny Lawyers Blog

Published on: November 1, 2012

Putting Yourself in the Best Place to Defend Against a New York Theft & Larceny Arrest

No two cases in New York involving arrests for theft crimes such as Grand Larceny and Criminal Possession of Stolen Property are alike. Sure, there may be similarities in two Embezzlement cases or two felony Grand Larceny shoplifts, but beyond similarities in the technical arrest or indictment charge, there are often vastly different circumstances. How your theft lawyer or larceny defense attorney utilizes mitigating factors or analyzes the evidence will likely have a tremendous impact on the ultimate resolution in your case. Is it possible you will be forced into a trial or, alternatively, you feel a trial is in your best interest? If not, can your conduct be decreased to a misdemeanor or non criminal offense?

As New York larceny lawyers and New York criminal defense attorneys representing clients throughout the New York City region in crimes ranging from Embezzlement, Tax Fraud and Credit Card Theft to Shoplifting, felonies and misdemeanor stolen property cases, Saland Law PC has certainly seen its fair share of white collar crimes. Couple this experience with our two founding members service as Assistant District Attorneys in Manhattan, our criminal defense lawyers have successfully defended and prosecuted countless theft crimes. Do we have a quick answer as to how to beat your case? Do we automatically know the best defense to your arrest? Can we guarantee a particular result? The answer to all these questions is clearly “no,” but we certainly have the experience to identify and formulate the best defense we believe will resolve your case in an appropriate and least damaging manner.

Published on: October 17, 2012

New York Tax Crimes: Is the Failure to Pay Taxes in New York Always a Grand Larceny Offense

By Jeremy Saland

New York City prosecutors and District Attorneys are eager to find financial frauds. Not only does it give law enforcement credibility in their equal pursuit of all criminal activity from the “streets to the suites,” but they also receive a portion of the restitution that they may recover.

While it is in no way fair to assert a restitution motive is the driving force behind the prosecution of these New York Grand Larceny and New York Tax crimes, it certainly gives prosecutors an added incentive to ferret out offenders whether their theft crimes occur in Manhattan, Brooklyn, Queens or even Westchester County. Whatever the reasoning may be, it is critical to understand that an allegation, arrest or indictment in New York for Grand Larceny, Criminal Possession of Stolen Property or Tax crime is in no way proof that you are in fact guilty. While your immediate future will undoubtedly by frightening, your criminal lawyer may be able to establish that prosecutors are just off the mark.

Published on: September 30, 2012

Queens DA: Bogus Harvard Grad Defrauds Six Doctors & Others into Investing in Bogus Healthcare Facility While Taking Out in Excess of $400K Worth of Credit in Their Names

By Jeremy Saland

In what can be described as an interesting twist on an increasingly common crime, Queens prosecutors have charged Delloyd Hill, a.k.a., Tom Hill, with multiple counts of Grand Larceny, Identity Theft and Scheme to Defraud for allegedly defrauding a half-a-dozen physicians. Hill’s arrest stems from an investigation by the NYPD and the Queens County District Attorney’s office into Hill’s alleged scheme where he posed as a Harvard graduate and convinced numerous doctors to invest in an allegedly bogus medical facility. Further, it is claimed by law enforcement that Hill convinced these doctors that he was interviewing them for particular positions at the alleged fictitious facility.

According to prosecutors, between April 23, 2012, and September 25, 2012, Hill is alleged to have opened three lines of credit with the medical equipment financing company, TCF Equipment Finance Inc. The three lines of credit were opened using personal identifying information of unknowing physicians totaling in excess of $400,000. These lines allegedly totaled $215,000, $200,000, and an undetermined amount respectively. In addition to the lines of credit, District Attorney Brown believes that Hill defrauded his landlord and another individual to invest a total of $65,000 into the claimed bogus business venture.

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 27, 2012

More than an NY PL 155.25 or NY PL 165.40 Shoplifting Arrest: Additional Criminal Charges for Possessing Bolt Cutters, Clippers & Similar Tools

By Jeremy Saland

The tens of millions of dollars, if not more, are spent policing New York’s department and retails stores against shoplifting. With security officers routinely apprehending customers in such stores as Century 21, Bloomingdales and Macys in Manhattan as well as similar stores in Brooklyn, Westchester and Queens, it is no surprise that police are arresting and Assistant District Attorneys are prosecuting Petit Larceny and Criminal Possession of Stolen Property crimes with regularity. Baring these arrests being made for felony shoplifting in excess of $1,000 (Grand Larceny and felony Criminal Possession of stolen Property crimes such as NY PL 155.30(1) and NY PL 165.45(1)), the usual arrest or Desk Appearance Ticket charges for a shoplifter are the misdemeanor crimes of Petit Larceny (NY PL 155.25) and Criminal Possession of Stolen Property in the Fifth Degree (NY PL. 165.40). However, in certain circumstances, regardless of the felony or misdemeanor shoplifting theft charge you face, another crime can end up on the criminal court complaint.

A crime that New York shoplifting lawyers often see added onto these crimes involves incidents where you are accused of cutting off tags, sensors and security devices. As a preliminary matter, the value of the property stolen still dictates the larceny charge, but those theft charges will not be the only ones. Further, the possession of these tools to remove tags and sensors can complicate your case from a practical position. For example, it is easier to argue a New York City shoplifting arrest was a lapse in judgement, misunderstanding or a genuine mistake if you walked off with clothing. These same actions are more difficult to mitigate or challenge legally if in your purse or bag you are in possession of the scissors, screw driver, clippers, etc. On its face it appears that your actions may have been more premeditated.

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 18, 2012

Case Results: Arrest, Conviction & Prison Avoided in $90,000 New York City Bureau of Fraud Investigation into Grand Larceny & Welfare Fraud

By Jeremy Saland

An arrest or investigation in New York involving any type of fraud or theft is a concerning one. When investigators, detectives or Assistant District Attorneys want to “speak” with you or have some “questions,” your defenses should automatically be raised. Whether your first step is reaching out to a criminal lawyer or not, when the state or federal government is the potential victim of a larceny crime remember that identifying your defense as soon as possible may be the best way to protect yourself going forward from felony Welfare Fraud, Grand Larceny, Criminal Possession of Stolen Property, Forgery and Offering a False Instrument for Filing arrests, indictments or convictions.

In a scenario that repeats itself routinely throughout New York City, individuals who are alleged to wrongfully receive certain benefits from New York City and New York State – unemployment benefits, Medicaid or food stamps – may not be contact by criminal law enforcement first, but by investigators from the Bureau of Fraud Investigation of the New York City Human Resources Administration (250 Church Street 3rd Floor). Make no mistake. What you say to these investigators can and will be used against you when fraud investigators share their findings with prosecutors for the purpose of commencing a criminal case.

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?