Legal Question in Criminal Law in New Jersey

theft by deception

A friend is a treasurer of a isolated sport league. His reponsibility was to collect individual dues each week from members and make weekly deposits. He (without permission) borrowed funds from the account to lend his business money. When the money was due to be distributed he did not have all the money replaced.

He has repaid some of the money since and has stated to them that he has every intention to replace it.

The group has told him that they are filing a police charge of theft by deception. My actual question is....

if the money is replaced almost immediately would the charge still stand after the arrest? If someone was willing to lend him the money to replace it, and he is jailed, he wouldn't be able to run his business to repay the loan. What are the penalties for such a theft? Can charges be withdrawn if the money is paid back?

If they don't withdraw the charge after the money is repaid what would the penalty be for taking the money to begin with?


Asked on 6/15/03, 12:56 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: theft by deception

The problem is that your friend has misappropriated the funds entrusted to him. This is a form of theft known as "embezzlement." Now, he is subject to a criminal charge whether he returns the money or doesn't. He must make every effort to return the funds as soon as possible because it may cause the prosecutor to be more lenient with him in handling the matter. He should call me at 800 273 7933 and can review my website by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp

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Answered on 6/15/03, 2:49 pm
Evan Levow Lutz, Levow & Costello, P.A.

Re: theft by deception

If the amount "borrowed" was less than $75,000, and he has no prior contact with the criminal justice system, while he will probably still be charged with theft, I don't think he will have a problem, ultimately. Please call me to discuss, and please see my website www.wwdp.us/blue2

Please call me on my cell phone 856-889-5181 or at my office 888-777-0455.

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Answered on 6/15/03, 2:55 pm


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