General Grand Larceny

Published on: May 20, 2013

New York Second Degree Grand Larceny Arrest for more than $100K & Attempt for $275K Results in Misdemeanor and “Time Served”

If being accused of a New York felony isn’t scary enough, being arrested for a felony crime where your immigration status stands in the balance certainly is. A Saland Law PC client accused of stealing more than $100,000 and attempting to steal an additional $275,000 from a client of the bank he managed, faced such fears. Fortunately for our client, however, despite being arrested for Attempted Grand Larceny in the Second Degree (New York Penal Law 110/155.40) and accused of Grand Larceny in the Second Degree (New York Penal Law 155.40), our client ultimately resolved his arrests with a misdemeanor plea to Petit Larceny (New York Penal Law 155.25). A misdemeanor, our client received the equivalent of “time served.” Throughout the entire process since our client’s arrest, prosecutors offered or recommended felony pleas that included as much as six years in prison. If convicted, our client faced an even greater sentence.

Before continuing, and by way of background, a person is guilty of Second Degree Grand Larceny (NY PL 155.40) if and when that person steals property (money, for example) and the value of the property is greater than $50,000, but does not exceed $1,000,000. Obviously, an Attempted Second Degree Grand Larceny (NY PL 110/155.40) is an attempt to commit this crime. A completed Grand Larceny in the Second Degree carries a punishment and sentence of up to five to fifteen years in prison for a first time offender while an attempt to commit that crime carries a sentence of up to two and one third to seven years in prison.

Published on: March 12, 2013

NYC Housing Development Fund Corporation Property Manager Indicted for Second Degree Grand Larceny: $250,000 Theft Carries Potential of up to Fifteen Years in Prison

By Jeremy Saland

Calling it a theme may be too strong, but Manhattan District Attorney Cyrus Vance, Jr. is plugging away on his mission to snag, a/k/a, arrest, white collar defendants who commit Grand Larceny and Criminal Possession of Stolen Property felonies in New York City. One look at the Manhattan District Attorney’s Office website will reveal a laundry list of defendants who have either been indicted for or convicted of a theft or fraud crime. In fact, the website even republishes articles by local newspapers on many of the same cases addressed in these various press releases. It need not take a legal scholar to grasp that C. Vance and Company runs one District Attorney’s Office that is serious and aggressive about prosecuting more than Gotham’s street crime.

According to the District Attorney’s Office, the newest “victim,” of law enforcement’s watchful eye is Rickey Smith for stealing more than $250,000 from the low-income Housing Development Fund Corporation. No small number, if true, the potential sentence for Grand Larceny in the Second Degree is as much as five to fifteen years in prison. Even though a conviction for New York Penal Law 155.40 does not require imprisonment for a first time offender, there should be little doubt that prosecutors will seek some amount of jail or prison. In addition to Second Degree Grand Larceny, a Grand Jury also indicted Smith for three counts of First Degree Falsifying Business Records. A lesser felony, New York Penal Law 175.10 is punishable by as much as one and one third to four years in state prison.

Published on: February 20, 2013

NYC DA Vance: Salvador Dali Cartel de Don Juan Tenorio “Thief” Indicted for Grand Larceny by Manhattan Grand Jury

By Jeremy Saland

One need not perpetrate an Embezzlement or an Extortion to be arrested or charged with a New York Grand Larceny crime. Heck, outright scheming by forging checks is so “yesterday.” If you want to be on the forefront of Grand Larceny offenses, you have to concoct a solid heist. Although he did not get away with it, according to Cyrus Vance’s Manhattan District Attorney’s Office, Phivos Istavrioglou was indicted by a New York Grand Jury for his alleged theft of Salvador Dali’s 1949 watercolor, “Cartel de Don Juan Tenorio.” While the $150,000 price tag is certainly lost on me (I assume an expert testified in the Grand Jury that the painting is worth more than a 1978 Bob Ross “Happy Little Trees”), Istavrioglou is facing serious crimes and potentially serious time.

According to reports, Istavrioglou strolled into an Upper East Side art gallery, opened up a shopping bag, removed “Cartel de Don Juan Tenorio” from the wall and dropped it right inside. Despite surveillance cameras set up around the gallery, Istavrioglou strolled right out. There can be little doubt that the gallery has some explaining to do in their complete lapse of security when such valuable and historic pieces of artwork are left vulnerable, but maintaing compromised security is not a crime. Stealing, however, is.

Published on: February 5, 2013

Queens Integrated Medical Care & 9 Others Arrested & Indicted in Multiple New York Insurance Fraud Schemes

By Jeremy Saland

Queens District Attorney Richard Brown is the Energizer Bunny of fraud scheme prosecutors. Running on batteries that never die, DA Brown just announced the arrests and indictments of Hazel Abrams, Aaron Dawkins, Antoinette Duncan, Tamara Easy, Wilburt Gordon, Albert Kopolovich, Raymond Mattison, Rolph Nozine and Jason Wade for their alleged involvement in a Queens Village no-fault insurance fraud scheme. In addition to the felony arrests of these men and women, prosecutors also indicted Queens Integrated Medical Care (previously Arco Medical, P.C). More specifically, these defendant’s now face DA Brown’s wrath for numerous charges including Third Degree Grand Larceny (New York Penal Law 155.35), Third Degree Insurance Fraud (New York Penal Law 176.20) and First Degree Falsifying Business Records (New York Penal Law 175.10). Make no mistake. Having defended individuals for large scale fraud and larceny schemes in Queens, I know DA Brown means business. Even assuming these men and woman have no criminal record, each faces up to two and one third to seven years in prison.

According to the press release, the “fraud factory” at Queens Integrated Medical Care bilked insurance companies out of $150,000. Certainly not a large number in terms of other arrests and indictments handled by that office, the amount of the alleged theft is still significant. Although any theft in excess of $50,000, but no more than $1,000,000 is a “C” felony of Grand Larceny in the Second Degree (punishable by as much as fifteen years in prison), the fraud scheme alleged here actually consists of seven separate indictments. Therefore, the total value of the alleged insurance fraud is not aggregated to increase the degree of the offense.

Published on: January 27, 2013

Top Criminal Case Results: Client Investigated & Accused of $180,000 Second Degree Criminal Tax Fraud & Grand Larceny Gets Misdemeanor without Jail or Probation

By Jeremy Saland

What can easily be described as one of the best results one could achieve in a case involving allegations of New York Criminal Tax Fraud and Grand Larceny, the New York criminal defense lawyers and Grand Larceny defense attorneys at Saland Law PC secured a misdemeanor plea without probation or incarceration for a client accused of New York tax crimes in excess of $180,000. Initially, prosecutors sought our client’s surrender, arrest and potential indictment for crimes including Grand Larceny in the Second Degree, New York Penal Law 155.40 and Criminal Tax Fraud in the Second Degree, New York Tax Law 1805. If convicted of these crimes, our client faced as much as five to fifteen years in state prison on each count. Simply, it was alleged our client withheld these tax dollars and wrongfully filed returns.

Unfortunately, upon being advised of the investigation, the Assistant District Attorney spearheading the criminal case initially sought a felony plea. Saland Law PC argued that while sales tax monies may in fact be owed, the dollar amount suggested by prosecutors was incorrect. Regardless of the amount, our client did not have the intent to steal. Obviously, the defense pursued on our client’s behalf was very fact specific, but was not without its pitfalls, for example, one commits a Tax Fraud Act, the basis of any Criminal Tax Fraud crime, if one fails to file a return. In that regard, there were certain difficulties in a complete defense to the allegations. Despite these concerns, however, one of our criminal lawyers successfully argued that not only should the crime be prosecuted as a misdemeanor New York Criminal Tax Fraud 1802, but that the dollar amount was more than $40,000 less than the $180,000 claimed by the District Attorney’s Office.

Published on: January 24, 2013

Must a Victim be Aware of Your Theft: NY PL 155.30(5) & Grand Larceny from the Person

By Jeremy Saland

While most people think Grand Larceny is always a White Collar crime, the laws of New York State do not always reflect that misconception. Yes, while New York White Collar criminal lawyers and Grand Larceny defense attorneys who represent clients in these offenses routinely do so in the context of an Embezzlement or Criminal Tax Fraud, a Grand Larceny arrest need not be White Collar. One Grand Larceny crime that stands out from the White Collar pack, is Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(5). This specific subsection does not address the value of a theft or the nature of the property stolen, but codifies the felony of taking property from another’s person. Simply, if you take property from the person of another (the watch from their wrist, wallet in their pocket, cash in their hand or even bag over their shoulder), you are guilty of a crime that caries a sentence of up to four years in prison. Although it wouldn’t be a completely fair description as force is not an element of this crime, NY PL 155.30(5) can be described as Robbery “light.”

What is interesting about this particular subsection of Grand Larceny is how it not only is completely different than other sub crimes of PL 155.30, but the ease by which it is prosecuted. Did you get into a fight with your neighbor and take his mobile phone and run off or are you a pickpocket that New Yorkers are warned about during their daily commute in Gotham’s subterranean transit system? Arguably the first hypothetical doesn’t seem overly devious in comparison to the second. In the eyes of the law, however, there is no distinction.

Published on: January 15, 2013

NY DA: Fried Frank LLP Clerk Pilages Plethora of Toner to Support Lifestyle

By Jeremy Saland

Some people wait to reorder toner and ink when their printer spews out documents with faint vertical stripes. Others jump to purchase more when their computer screen flashes the low ink warning. Rumor has it that Manhattan District Attorney Cyrus Vance Jr. could care less when his staff speed dials Staples to replace ink (well, with budget cuts throughout NYC he probably prefers waiting until the former and not the latter). Its not so much the timing of when one orders copy machine or printer toner that gets DA Vance’s goat, but whether or not the person is authorized to do so and does so in a manner that is consistent with his or her employment. Setting the tone for future work place malfeasance, DA Vance announced the indictment of Adrian Rodriguez, a former Fried Frank LLP employee, for allegedly purchasing north of $375,000 worth of ink and toner that he then sold at a fraction of the cost to line his own pockets.

The Manhattan District Attorney’s Office worked with Fried Frank LLP to catch the duplication department desperado by setting up a sting operation whereby undercover investigators hid inside refrigerator sized boxes of copy machine toner and ink delivered to the unsuspecting toner thief (small pencil sized holes were poked throughout to enable viewing and oxygen flow). When Rodriguez attempted to sell the ill gotten gains the following day, investigators immediately jumped out and exclaimed, “gotcha!” Shortly thereafter, Rodriguez voluntarily supplied prosecutors with a written confession on 48 blue and pink Post-its.

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.