Theft Offenses

November 12, 2009

No Oliver Twists in Pickpocket Crew: Manhattan DA Announces 639 Count Grand Larceny and Identity Theft Indictment

He may have loved the book, theatrical performance or even the movie, but Manhattan District Attorney Robert Morgenthau is not a fan of real life Oliver Twists. According to reports, the New York County District Attorney’s Office unsealed a 639 count indictment involving the arrests of 15 alleged pickpocket crew members. The defendants, including Arthur Franklin, Jospeh Simms, Vincent Franklin, James Mannix, Kathleen Miller, Carol Dibitetto, Larry Ford, Kandra Lysland, Tina Barboza, Mary Bennett and Yvonne Harris are alleged to have stolen over $600,000 and compromised at least 60 bank accounts. The 639 count indictment includes numerous felonies such as Grand Larceny, Identity Theft, Criminal Possession of a Forged Instrument, Conspiracy, Scheme to Defraud, Attempted Grand Larceny, Forgery and Criminal Possession of Stolen Property. It is interesting to note that prosecutors did not charge the defendants with Enterprise Corruption. While there could be numerous reasons, it is possible that the crew had no ascertainable structure, but was alleged to be more consistent with a loose knit band of thieves. Regardless, the scheme is purported to have operated for at least one year before the arrests and indictments.

According to the District Attorney’s Office, vigilant investigators at Chase Bank reviewed video surveillance of fraudulent transactions and noticed a common theme of women wearing wigs and glasses. Further investigation revealed that Arthur Franklin, Vincent Franklin and Joseph Simms were present either inside or outside the bank when the transactions occurred. Chase Bank put the dots together when they learned that many of the victims of the fraudulent bank transactions were also victims of pickpockets.

October 28, 2009

Bank of New York Melon Computer Tech Adeniyi Adeyemi Indicted for Identity Theft of 150 Employees and $1 Million Fraud

by Jeremy Saland

The Manhattan District Attorney’s Office issued a press release involving the arrest and indictment of Adeniyi Adeyemi, a computer technician employed by the Bank of New York Melon. The 138 count Identity Theft and Grand Larceny indictment accuses the defendant of stealing the identities of 150 bank employees while perpetrating a $1.1 million dollar fraud. The fraud and thefts were alleged to have transpired from 2001 through 2009.

It is alleged that the victims of these crimes were many co-workers of Mr. Adeyemi who worked in the information technology group of Bank of New York Melon. According to the Manhattan District Attorney’s Office, Mr. Adeyemi “opened over 30 bank and brokerage accounts in their identities with several financial institutions, including E*Trade, Fidelity, Citi, Wachovia, and Washington Mutual. These accounts served as dummy accounts for the purpose of receiving stolen funds. Mr. Adeyemi then stole money from the bank accounts of charities and non-profit organizations and funneled it into the dummy accounts, later withdrawing the stolen funds or transferring them to a second layer of dummy accounts.”

October 2, 2009

Extortion and Grand Larceny in New York: Your Criminal Defense & an Analysis of NY Penal Law 155.05(2)(e), 155.30(6) and 155.40(2)

by Jeremy Saland

With the recent Extortion attempt of David Letterman by Robert “Joe” Halderman fresh in our minds, now would be a good time to share with my readers what constitutes Extortion under New York State law. As a New York criminal defense attorney and former Manhattan prosecutor who supervised the investigation and prosecution of multiple individuals charged with the Extortion of an NBA All Star, I am intimately familiar with Extortion as it is defined under New York Penal Law section 155.05(2)(e) and under Grand Larceny in the Fourth and Second Degree pursuant to New York Penal Law sections 155.30(6) and 155.40(2) respectively.

Before proceeding with an analysis of the Extortion statute, it is important to note that Extortion is specifically defined under section 155.05(2)(e) of the New York Penal Law. Like larceny by trick, false promise and common law larceny, Extortion is a means by which a larceny is perpetrated. According to NY Penal Law 155.05(2):

September 19, 2009

Untaxed Cigarette Sting Leads to 21 Arrests: Defendants Charged with Criminal Tax Fraud, Forgery & Other Crimes

by Jeremy Saland

A year long Westchester County investigation ended in the arrest of 21 people for their alleged involvement in the sale and transportation of untaxed cigarettes. It is alleged that during the course of the investigation, the defendants purchased $16 million worth of unstamped cigarettes from undercover officers. It is further alleged that a confidential informant assisted in targeting numerous individuals whose total sales and purchases exceeded nine million unstamped cigarettes. These illegal transactions equated to a New York State cigarette excise tax stamp fraud of approximately $21 million.

According to the Westchester County District Attorney’s Office:

August 3, 2009

NY Criminal Defense Law Update: New Court Decision May Help Those Arrested for Shoplifting (Petit Larceny – 155.25) in New York City

by Jeremy Saland

Whether you are arrested and charged with Petit Larceny (NY Penal Law 155.25) or Criminal Possession of Stolen Property (NY Penal Law 165.40) for shoplifting, you need to consult with a New York criminal defense attorney about People v. Lai Lee. It does not matter if you have been issued a Desk Appearance Ticket (DAT) or you have already been arraigned by a judge. Moreover, it does not matter where in New York City your case is pending from Manhattan Criminal Court at 100 Centre Street to Brooklyn Criminal Court at 120 Schermerhorn Street. What matters is that you put yourself in the best position possible to protect your rights and integrity by consulting with an experienced criminal defense lawyer about your case and whether certain legal decisions, such as ruling in People v. Lai Lee, may be used in your defense.

In a recent decision dated July 2, 2009, a Manhattan Criminal Court judge dismissed the shoplifting, Petit Larceny and Criminal Possession of Stolen Property charges that the defendant faced. The complaint alleged that a store investigator observed the defendant remove a handbag, tights and other clothing by “placing said items inside the defendant’s bag.” The defendant then walked past multiple open registers and moved to another floor of the store without paying for the items. The defendant was stopped and investigator recovered just under $1000 worth of clothing from the defendant’s handbag.

June 2, 2009

Operation Bracelet: Indictment of Brooklyn Jewelry Stores for Failing to Report Taxes

by Jeremy Saland

The Kings County (Brooklyn) District Attorneys Office announced the indictment today of Crystal Sparkse and its President, Alexander Shamayan, Golden Art Fine Jewelers and its President, Ghassan Maalouf, and Pavillion Jewelers and its President Saeed Azarfar, for Falsifying Business Records in the First Degree, Offering a False Instrument for Filing in the First Degree and other crimes. It is alleged that each of these stores under reported their sales tax or had a deficiency of approximately $550,000, $125,000 and $350,000 respectively. It is alleged that undercover officers went to some of the stores to purchase jewelry and they were informed that if they paid in cash no sales tax would be charged.

Former Manhattan prosecutors, the white collar criminal defense attorneys at Saland Law PC have worked on cases involving alleged tax and Grand Larceny crimes as they relate to New York State taxing authorities. In fact in one such case, our client received no jail and was able to civilly litigate whether he owed approximately 3.2 million dollars out of an estimated 5 million dollars prosecutors alleged he had illegally kept.

April 19, 2009

Automobile Misuse and Theft: Criminal Defense to Grand Larceny, Criminal Possession of Stolen Property & Unauthorized Use of a Vehicle

by Jeremy Saland

You have just been arrested in New York City after driving in a car that is stolen. Maybe you “borrowed” it for a little too long and you didn’t return it. It could be that a friend gave you the keys and you thought it was his or you were just going for a “joy ride.” Another possibility is that it was a rental car you failed to return timely. Regardless, you frantically call your criminal defense attorney and you want to know what possible charges you face.The answer is simple…Grand Larceny, Criminal Possession of Stolen Property and Unauthorized Use of a Vehicle are the likely charges you would face if it is alleged that you stole or used a vehicle without permission or authority.

Grand Larceny in the Fourth Degree, PL 155.30, makes it a felony to steal property when, pursuant to subsection (8) the value of that property exceeds $100 and the property is a motor vehicle other than a motorcycle. That’s right. If you steal a car and it is worth more than $100, then you are looking at an “E” felony punishable by up to four years in state prison. It is important to note that you can still be charged with a more serious level of Grand Larceny punishable by significantly more prison if the car is equal to or exceeds $3,000 or $50,000.

February 11, 2009

Major Theft Ring Busted: 12 People Charged with Enterprise Corruption, Forgery, Grand Larceny, Conspiracy and Criminal Possession of Stolen Property

by Jeremy Saland

A bunch of people are in need of New York criminal defense attorneys…immediately. The New York Attorney General’s Office announced the arrest of twelve people allegedly involved in a Bronx based construction equipment and luxury car theft ring. The defendants are charged with Enterprise Corruption, Forgery, Grand Larceny, Conspiracy and Criminal Possession of Stolen Property. Luis Torres Gonzalez (a.k.a. “Sanki”), Reynaldo Estrella (a.k.a. “Ray”), Ernie Muriel (a.k.a. “Ivan”), Alfonso Tejada, Nestali Garcia Rosa (a.k.a. “Junior”), Noel S. Gonzalez (a.k.a. “Joaquin”), Jose L. Sanchez, Higinio M. Mercedes (a.k.a. “Biembo”), Kenneth Estrella (a.k.a. “Kenny”), Alton Young (a.k.a “Fat Ray”) and Jean Carlos Almontes are among the men who were targeted in “Operation Tag Sale.” According to the Attorney General’s website, these men had an organization that worked together to steal over fifty vehicles from construction sites, public streets and garages. The defendants have been charged in a 100 count indictment and face up to twenty five years in state prison if convicted on the top charge.

“Some people try to smuggle jewels out of the country. These individuals tried to sneak off with Caterpillars and Hummers. What they lacked in finesse they tried to compensate with audacity. But it made no difference. They met with the same end – arrest – thanks to the outstanding work of NYPD auto crime detectives and their partners in the Attorney General’s Organized Crime Task Force,” said Police Commissioner Raymond W. Kelly.

December 30, 2008

Arrested for Shoplifting in New York: Criminal Defense, Potential Criminal Charges & Consequences

by Jeremy Saland

Your criminal defense attorney or lawyer has heard the charges before…Petit Larceny (NY PL 155.25)…Criminal Possession of Stolen Property (NY PL 165.40)…Grand Larceny (NY PL 155.30)…Yes, even Burglary (NY PL 140.20). Unfortunately, you where caught shoplifting a sweater from Bloomingdales in Manhattan or pair of shoes from Macys in Brooklyn. Security stops you on the way out and confiscates the property from you. You tell them you will never do it again if they let you go (oops…you may have just unwittingly made an admission!!!). The next thing you know you are given a notice telling you your right to be in that particular store is revoked and that there is a civil fine you must pay. If that wasn’t enough, the police arrive and escort you, in handcuffs, to the resort and spa known as “central booking.” If you are fortunate, the police issue you a Desk Appearance Ticket (D.A.T. / DAT).

“Simple” shoplifting has enormous and life altering consequences. Aside from the embarrassment, shame and potential loss of of your job if your employer finds out, the charges you may face are numerous. Even if you plea to a lesser Disorderly Conduct (a violation and not a crime), a background check down the road may reveal your shoplifting arrest.

November 4, 2008

NY Criminal Defense – Penal Law 140.35: Burglar’s Tools

by Jeremy Saland

Your NY criminal defense lawyer successfully challenged the Burglary charge pending against you in Brooklyn or Manhattan Supreme Court, but you still face other charges relating to the offense. One of those charges is Possession of Burglar’s Tools, Penal Law Section 140.35. Although not a felony, the crime is a misdemeanor punishable by up to one year in jail.

According to Penal Law Section 140.35, a person is guilty of Possession of Burglar’s Tools when “he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services…under circumstances evincing and intent to use or knowledge that some person intends to to use the same in the commission of an offense of such character.”