Articles Posted in Theft Crimes

In Massachusetts’s Suffolk County, a grand jury indicted former federal prosecutor Philip Giordano on charges that he stole at least $150,000 from his former law firm. The Boston native’s arraignment will take place in Suffolk Superior Court on January 15, 2008.He faces charges that he made false entries in a corporate book, as well as multiple larceny charges.

The Suffolk District Attorney’s office says that Giordano linked his debit card to get money from a Giordano, Champa & Powers account to cover personal expenses and withdraw cash. Giordano is also accused of paying himself thousands of dollars worth of compensation checks. ” At the time, Giordano shared the account with his law partners, Gina DeAcetis Powers and James Champa.

Giordano currently has his own law practice, the Boston-based corporate and securities law firm Giordano & Co. From 1986 to 1991 he served as an assistant U.S. attorney in New Jersey and was a former U.S. Securities and Exchange Commission staff attorney.

Larceny Larceny can include taking any object, embezzlement, check larceny (depositing a check that is not yours), purse stealing, and pick pocketing. When a person embezzles funds, he or she had a legitimate reason to access the funds so the funds could be stolen. Larceny usually doesn’t involve any violence.

Under the Massachusetts General Laws, Chapter 266: Section 30. Larceny; general provisions and penalties defines larceny as:

Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny…

The penalty for a Massachusetts larceny crime involving more than $250 dollars is five years maximum in prison or up to two years and $25,000 maximum fine.

Former Federal Prosecutor Accused of Raiding Law Firm Account, ABA Journal.com, December 20, 2007
Former fed prosecutor indicted on larceny charges, Boston Herald, December 20, 2007
Chapter 266. Crimes Against Property, The General Laws of Massachusetts

Related Web Resources:

Larceny, Lectlaw.com Continue reading

A Massachusetts man was arrested in connection to yesterday’s deadly home invasion in Winchester that left one man dead and the other seriously injured in what is being called a “targeted” gun attack and robbery.

Wally Jacques Simon, a 30-year-old Medford man, was arrested soon after in Boston. At his arraignment at Woburn District Court yesterday, Simon, was charged with armed assault with intent to murder and home invasion.

In the attack, 50-year-old Christopher A. Barbaro was killed after he was shot in the head. Barbaro’s 48-year-old brother Bryan sustained gunshot wounds to the chest and was robbed. This is the first homicide in Winchester in the last five years.

Massachusetts is one of the few US states with a home invasion statute. Home invasion can be committed when a person enters a home that is occupied by another person without permission to intentionally commit a crime. A person can even be arrested for home invasion by merely threatening to commit this crime.

Chapter 265: Section 18C. Entry of dwelling place; persons present within; weapons; punishment

Section 18C. Whoever knowingly enters the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.

Simon has pleaded not guilty to the charges. His bail was set at $250,000.

Man arrested in fatal home invasion, Boston Herald, October 25, 2007
Chapter 265: Crimes against the Person, General Laws of Massachusetts

Related Web Resource:

Home Invasionhttps://www.altmanllp.com/index.html, Massachusetts District Attorneys Association Continue reading

Two co-defendant in the OJ Simpson armed robbery case have struck a plea agreement that reduces the criminal charges against them. As part of their respective agreements, Walter Alexander and Charles H. Cashmore will testify against the former football hero and other co-defendants in the case.

Cashmore has agreed to plead guilty to an accessory to robbery charge. His arraignment will take place on October 23. Cashmore’s defense attorney claims that his client met Simpson just minutes before the alleged armed robbery took place and did not know what he was getting involved in. Cashmore is expected to testify that guns were involved in the September 13 robbery. He could face up to five years in prison.

Cashmore had originally been arraigned on nine gross misdemeanor and felony charges, including armed robbery, kidnapping, conspiracy, and assault with a deadly weapon. If Cashmore had been convicted on just the kidnapping charge, he would have had to serve a criminal sentence of life in prison without parole.

Cashmore already has a previous misdemeanor conviction in a 1996 embezzlement case in Utah, for which he served probation.

Alexander has agreed to plead guilty of conspiracy to commit a robbery, which is a felony crime. He faces up to six years in prison.

Simpson and several others were arrested for their alleged participation in an armed robbery cases involving sports memorabilia at a Las Vegas hotel room at the Palace Station hotel casino. Simpson says he was not robbing anyone but merely collecting items that belonged to him and had been stolen. He has denied that any weapons were used.

Other co-defendants in the case are Clarence Stewart, Charles Ehrlich, and Michael McClinton.

Second co-defendant to testify against Simpson, CNN, October 15, 2007
2nd O.J. Simpson Co-Defendants to Plead, AP, October 15, 2007

Related Web Resources:

Massachusetts Sentencing Guidelines Grid

OJ Simpson, Court TV News
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The man that Boston police have dubbed the Bonbon Bandit allegedly robbed another store on Thursday. In this attempt, the suspect, who is blamed for at least 18 robberies at upscale clothing, food, and decorating stores at the South End and in downtown Boston, robbed a five-and-dime store on Albany Street.

A witness says the man entered the shop at 5:30 in the afternoon, took a bottle of water from the cooler, and went to the counter where he then took cash from the register.

The Bonbon Bandit is known for striking at businesses where there are primarily women employees and no security cameras. Seven of the places robbed by the alleged suspect were ice cream shops. He is also a suspect in several other robberies, including thefts that took place at stationary shops, a candle store, gift shops, and a dry cleaner’s.

The suspect has allegedly used a handgun, a sawed-off shotgun, and a knife during some of the robberies.

Robbery is considered a violent crime in Massachusetts. It is what occurs when someone uses intimidation or violence to take someone else’s property. When the suspect uses a gun, knife, or another weapon to commit the robbery, then the crime becomes armed robbery.

Under Massachusetts General Laws-Crimes Against the Person-Chapter 265, Section 17:

“Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years.

Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years.

Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years.”

Cops: Bonbon Bandit Quenched Thirst in Latest Theft, Boston Herald.com, July 7, 2007
Boston Police Hunt for Sweet Shop Bandit, Forbes.com, July 6, 2007
Massachusetts General Laws – Crimes Against the Person – Chapter 265, Section 17
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