Perhaps the most common type of crime committed by young people in New York and beyond is theft. Whether it’s a privileged teenager stealing a magazine for a thrill, or a child who has fallen into gang activity robbing a person on the street, theft-related offenses are all too common among adolescents. Until recently, criminal
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To Deprive, or Not to Deprive, that is the Larcenous Question: A Deeper Dive into Larceny and Intent
While many instances of theft seem simple enough, there is actually much more going on in any given theft from a legal point of view whether you are charged with any degree of Grand Larceny or Petit Larceny. Under New York law, and as your criminal defense attorney can further explain, these offenses largely…
Deprive and Appropriate: Critical Elements in a New York Grand Larceny Prosecution
What is “stealing” you ask? A mere taking of someone’s property without their permission or authority? Yes, in part, but actually much, much more. While those unfamiliar with the criminal law may see theft, larceny and stolen property related crimes through their own respective lenses, the New York Penal Law defines these offenses – Petit…
Identity Theft, Grand Larceny, Forgery and Criminal Impersonation: Criminal Liability in NYS when Illegal Conduct Occurred Elsewhere
In this day and age, with computerized banking and depositing checks on a cell phone, jurisdiction in the context of financial crimes becomes a more and more difficult question for judges, criminal lawyers and prosecutors alike. This is even more pronounced in the New York City metropolitan area with multiple states and jurisdictions in close…
Queens Criminal Court: “Stealing” and Ejaculating on Cell Phone Cover Not Enough to Sustain Grand Larceny Indictment
As set forth in New York Penal Law 155.05(1), the hallmark of any arrest involving misdemeanor Petit Larceny or felony Grand Larceny is that no matter the taking or the nature of the property involved, an accused must also have the intent to deprive another person of that property or, alternatively, appropriate the same to…
Prosecution of Financial Executives Under the FCPA: The Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act (FCPA) is a landmark piece of federal legislation. The FCPA deals with payoffs and kickbacks made by certain kinds of financial service professionals to foreign government officials relating to securing more business. In recent years, compliance and enforcement agencies such as the SEC have seemingly increased their focus under this…
Financial Crimes and Financial Services Professionals: FINRA, U4s and New York Theft and Fraud Crimes
New York City, more than anywhere in the nation, is the venue for criminal prosecutions of financial professionals such as investment bankers, Wall Street traders, and compliance professionals. These kinds of cases might as well be considered a completely separate area of law from the more typical criminal practice involving the defense of charges such…
Is it Always a Grand Larceny Crime to Fraudulently Request and Receive Tax Refunds: Understanding Criminal Tax Fraud and Grand Larceny
From corporate enterprises and families to small businesses to the New York State government, budgets always seem to get tighter and tighter. By no means an excuse to commit a crime of deceit or fraud, it is far from atypical to hear of investigations and arrests involving Criminal Tax Fraud as set for New York…
Can Possessing Stolen Property from Multiple People be Added Together to Increase the Charge and Penalty of Criminal Possession of Stolen Property
Generally, the New York Penal Law is clear as it relates to Criminal Possession of Stolen Property and aggregating the value of that property from different complainants. That is, if, for example, you had a stolen iPhone, guitar, and cash from three different people, each item could constitute a separate crime of Criminal Possession of…
What Happens When You are Arrested for Shoplifting in New York City: From Arrest to Arraignment
There are plenty of questions a person asks him or herself when detained by store security after being accused of shoplifting a Whole Foods, Macys, Century 21, Bloomingdales or even the neighborhood bodega. What is the penalty for shoplifting in New York? Is Petit Larceny a felony? How likely is jail time for a PL…