Articles Posted in Theft Crimes

At Boston’s John Joseph Moakley US Courthouse, US Attorney General Michael Mukasey spoke about the identity theft scam involving over 41 million stolen and sold debit and credit card numbers that bilked individuals and companies of hundreds of millions of dollars. Mukasey called the scheme the “largest and most complex identity theft case” that has ever been charged in the United States.

Alleged leader Albert “Segvec” Gonzales was indicted by a grand jury yesterday, along with 10 conspirators. Gonzales and two of his conspirators were charged in Boston, while the rest of the defendants were charged in San Diego.

Gonzales and his conspirators are accused of using laptop computers to tap into wireless networks, as well as hacking into the networks of Barnes and Noble, TJX, OfficeMax, BJ’s Wholesale Club, Boston Market, Sports Authority, Dave and Buster’s, Forever 21, and DSW. Once in the systems, the defendants allegedly used programs that were able to capture passwords, credit card numbers, and account data.

A lot of the stolen information was concealed in computer servers in the United Sates and Europe, while other data, according to law enforcement officials, was sold to other criminals. The hackers are also accused of encoding stolen numbers on blank credit and credit cards and using the cards to take out tens of thousands of dollars from ATM machines.

Charges against the defendants include conspiracy to possess and possession of unauthorized access devices, identity theft, trafficking in unauthorized access devices, aggravated identity theft, aiding and abetting, trafficking in counterfeit access devices, conspiracy to launder monetary instruments. Gonzales’s criminal defense attorney says that the evidence will prove that his client is innocent.

Identity Theft
Identity theft involves crimes involving stolen personal information used in a deceptive or fraudulent manner and usually for financial profit. Common ways that identity theft can happen:

• Shoulder surfing-a person watches or listens in as the victim provides his or her financial or credit card info.
• Stealing a victim’s pre-approved credit card notice.
• Identity theft involving the Internet.

11 charged with massive ID theft, Boston.com, August 6, 2008
Remarks Prepared for Delivery by Attorney General Michael B. Mukasey at the Identity…, Reuters.com, August 5, 2008

Related Web Resources:

Identity Theft and Identity Fraud, USDoj.gov
Identity Theft Victims Guide, Privacyrights.org Continue reading

In Massachusetts, a personal care aid pleaded not guilty to over 24 charges related to the theft and use of a debit card meant for a legally blind and deaf teenaged girl. Kerri A. Ryan is accused of using the card between January and April of this year to get cash to buy food, gas, and alcohol. Ryan, however, says that part of her job in assisting the 15-year-old girl was to shop and prepare meals for her.

The girl’s mother, Risa Costello-Falvo, is accusing Ryan of stealing the card, getting access to the PIN number, and using the card to take out almost $2,000. The Department of Revenue provided her daughter with the debit card, which automatically deducts a $100 from the girl’s father for child support.

Ryan allegedly used the card to make 41 transactions. Costello-Falvo says she didn’t realize the transactions were being made because she had put away the card for future use. Ryan had worked for Costella-Falvo on and off for the last four to five years, but she has not worked for her since February.

Ryan, who was not arrested, was released on personal recognizance and will appear in court for a pretrial hearing in August. Effective May 3, the state of Massachusetts has revoked her license to practice nursing for at least five years.

Charges that Ryan faces includes seven counts of larceny under $250 and trying to commit a crime, eight counts of improper use of a credit card under $250, one count of receiving a stolen credit card, a count of larceny over $250 with one scheme, and larceny by check greater than $250.

Just because you have been arrested for a Massachusetts theft crime does not mean you will be found guilty. There are effective defense strategies an experienced Boston theft crimes lawyer can employ to maximize your chances for the best outcome possible. A good criminal defense lawyer will conduct his or her own investigation of the charges against you and file all motions that can benefit your case to achieve the best outcome possible.

Health aide accused of theft from disabled teen, Telegram.com, July 17, 2008

Related Web Resource:

Crimes Against Property, The General Laws of Massachusetts
Massachusetts Crime Rates 1960 – 2006, Disastercenter.com Continue reading

Middlesex District Attorney Gerard T. Leone Jr. announced this week that two former Tufts University workers have been indicted for stealing almost $1 million from the school.

The indictments accuse Josephine Nealley, the former director of the student activities office, and Raymond Rodriguez, the office budget and fiscal coordinator, of stealing university funds in two separate incidents. An anonymous tip led to the discovery that Nealley was controlling bank accounts from the student activities office.

Nealley was indicted on three counts of larceny. She is accused of stealing $372,526. Rodriguez was indicted on two counts of larceny. He is accused of stealing $604,873.

An internal probe determined that Nealley transferred school funds to her personal accounts before making purchases at Whole Foods, Disney Store, Omaha Steak, Foxwoods Resort and Casino, and IKEA. Rodriguez is accused of writing a check to himself from Tufts for $100,000 and using the money to pay personal bills. He also allegedly used Tufts funds to pay for concert tickets, vacations, and designer gear, reportedly shopping at Gucci, Bloomingdale’s, and Prada.

Larceny is the illegal taking and carrying off of personal property without the owner’s permission and with felonious intent to take away the property permanently.

2 accused of stealing nearly $1m from Tufts, Boston.com, July 2, 2008
Two Former Tufts Employees Indicted For Stealing Nearly $1 Million From University, MiddlesexDA.com, July 1, 2008

Related Web Resources:

Tufts University

Sentencing Guidelines, The Massachusetts Court System Continue reading

Heather Lyn Johnston and Ashley Nicole Miller, the women who were arrested after robbing a Bank of America branch at a Kroger grocery store in Georgia last year, received their sentences today.

Miller, 19, was ordered to serve 2 years of her 10 year prison sentence, while the remainder must be completed as probation. Johnston, 22, was sentenced to 10 years probation.

Johnston and Miller and Benny Herman Allen, 23, had all pleaded guilty to theft by taking. Miller’s boyfriend, Michael Darrell Chastang, was convicted of theft by taking.

The two women, both strippers at the time, and Chastang decided to rob a bank.

The following day, Chastang called the girls with instructions. He told them that he knew a teller at a B of A branch that could act as their “inside man.” The teller was Benny Herman Allen.

Allen told the women what to include on the demand note, which asked for loose bills and included the statements, “Remember, I will not hesitate to kill you. Keep hands where I can see them. Do not pull switch.”

The two women were videotaped committing the bank robbery. They stole 11,000, which was to be divided among the four of them.

The two girls immediately went shopping at Phipps Plaza and Lenox Square mall for clothes and shoes, got their hair done at Carter-Barnes Hair Artisans, and bought a television at a Wal-Mart.

They were arrested two days after the robbery.

Johnson also pled guilty to a misdemeanor marijuana possession charge, while Miller also pled guilty to possession of Ecstasy with intent to distribute.

‘Barbie Bandit’ is sentenced to 10 years in prison for a bank heist, International Herald Tribune, March 24, 2008
The Fall of the “Barbie Bandits,” ABC News, March 24, 2008
The Barbie Bandits saga winds down, AJC.com, March 24, 2008

Related Web Resource:

The General Laws of Massachusetts
Continue reading

Actress Bai Ling was arrested on Wednesday for allegedly shoplifting a pack of batteries and two magazines, valued at $16, from a gift shop at the Los Angeles International Airport.

She was apprehended after someone else in the store reported seeing her take the items. The Chinese-born actress admitted to police that she didn’t pay for the items.

A major movie star in China, Bai Ling has appeared in American films, including “The Crow” and “Red Corner.” She also has appeared in the ABC TV series “Lost.”

Shoplifting in Massachusetts
Massachusetts has a shoplifting statute that makes it a crime to steal merchandise from a store. The severity of the charges will depend on the value of the items stolen and whether the defendant has any prior criminal offenses.

If the stolen merchandise is worth less than $100:
1st offense: A $250 maximum fine 2nd offense: A $500 maximum fine 3rd offense: 2 years maximum jail sentence
If the stolen merchandise is worth $100 or greater:
1st offense: A $1,000 maximum fine and up to 2.5 years in jail 2nd offense or more: A larger fine and a longer jail sentence
Police officers in Boston and other cities in Massachusetts are allowed to arrest anyone without a warrant if there is probable cause to think that the suspect has committed a shoplifting crime. If a storeowner, store employee, or store representative provides a statement to law enforcement officers naming you as a shoplifting suspect-that is considered probable cause.

‘Crow’ actress arrested on shoplifting suspicion, CNN.com, February 15, 2008
Bai Ling arrested for shoplifting in L.A., Reuters, February 14, 2008

Related Web Resource:

Chapter 266: Section 30A. Shoplifting; penalty; arrest without warrant, Massachusetts General Laws Continue reading

The criminal defense team for Officer Michael T. Jones, the Boston Police Department veteran, says that his client was not taking his medication and was drunk when he used his BPD-issued weapon to hold up a gas station in Roslindale, Massachusetts.

Officer Jones, 44, was arraigned on armed robbery charges for allegedly robbing the Best of Boston gas station last Friday and stealing $125 in cash after threatening employees at the station with his gun. Jones also allegedly tried to rob a man upon leaving the station.

Jones has pleaded not guilty to the five armed robbery charges, including assault with a deadly weapon. His criminal defense lawyer is citing diminished capacity as a factor in Jones’s case.

A 20-year-old veteran of the BPD, was arrested near his parents’ home some 30 minutes after the robbery took place. He had moved back home to help take care of his father, who has cancer. Jones was placed on administrative leave from the police force after his arrest and has been ordered to give up any weapons.

Diminished Capacity
A diminished capacity defense contends that a defendant may not have been capable, due to mental impairment or disease, of consciously reaching the mental state necessary to intentionally commit the crime that he or she is charged with. A successful diminish capacity claim can lead to reduced charges.

Armed robbery cases involve the use of a weapon to commit the act of robbery-whether at a residence, a bank, a store, a business, or on the street. In Massachusetts, it is not necessary to actually have a weapon to be charged with armed robbery. Merely threatening someone by telling him or her you have a weapon while attempting robbery can constitute armed robbery.

An arrest for armed robbery is a serious offense in Massachusetts. Depending on the circumstances and seriousness of the crime (and whether this is the first or a repeat offense) an armed robbery conviction can lead to anywhere from 5 to 20 years in prison.

Boston cop was drunk on day of alleged robbery, attorney says, Boston Herald, January 14, 2008
Boston police officer held on bail for alleged robbery, Examiner.com, January 14, 2008
Diminished Capacity, Cornell University Law School

Related Web Resources:

Massachusetts Sentencing Guidelines Grid, The Massachusetts Court System Continue reading