Legal Question in Criminal Law in New York

stealing

a person works for a jewllery store for many years and steals jewlleries from the store few times a week for many years. he asks his wife--name removed--sell them--name removed--other stores for cash money then they wire the money or mail money orders back--name removed--other country--name removed--his or her relatives account. Few months later, relatives wire the money back--name removed--them. later, Since he got so much that his wife can not sell them all. then he asks his friend for help and gives commission--name removed--the friend and did not told his friend the jewlleries are stolen. Few years later, his friend found out the jewlleries are stolen and try--name removed--ask hime for more commissions money or he will tell the store owner about the employee fraud. What kind of laws did husband and wife break? are they criminals? What kind of penalty will they face? Did his friend break the law for helping them and later kind of blackmail them? Since the owner did not catch him steal. Can he still fill a charge?


Asked on 7/22/03, 11:33 pm

2 Answers from Attorneys
Steven Brand Steven Brand, Attorney at Law

Re: stealing

I would need more information, but there are a lot of criminal acts implicated--including mail and wire fraud which are Federal. The friend appeared to be a simple pawn until he found out and actively engaged in the conspiracy and then engaged in extortion. Even though the owner didn't catch the individuals steal, authorities (Police or FBI) may be notified.

If you have any more questions, feel free to contact me at 646-209-8213. Of course, I will need more details.

Sincerely Yours,

Steven Brand, Esq.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

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Answered on 7/24/03, 6:12 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: stealing

This is an interesting set of facts. First of all, both the husband and his wife/assistant are guilty of grand theft larceny. Then perhaps embezzlement. Conspiracy is a definite charge.

Trafficking in stolen property is also a felony.

The mail and wire fraud issues are present, as well as bank fraud (money laundering is the non-legal term). I think that is enough for the husband/wife team.

All those who assisted knowning or should have known (and this is a very suspicious situation) that the items were stolen are guilty of all of the above as well.

The only additional crime not listed above is the neighbor asking for more money. He is also guilty of blackmail/extortion.

We could talk about RICO violations (racketeering), but that is fairly intricate and is not necessary here. But law enforcement official have convicted persons of this crime in similar situations. the DA probably won't charge this offense because it is not necessary here, but it is an option.

The sentence for the husband will be jail time and restitution, the wife has a shot at suspended sentence and restitution, and all other accomplices are likely to be fined and asked for restitution.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 7/25/03, 1:12 pm


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