New York Criminal Lawyer Blog
White collar crimes have long been considered the type of crime where appropriate punishment for the actions is not received. In many cases, deals are struck between the offender and the suspect that are designed to reduce the public exposure of the crime and there is no consideration for the actual punishment of the offender. While there have been many cases in which this has happened, one in particular stands out. It involved a man who was working as the assistant comptroller at Long Island College Hospital in the Prospect Heights Division. A New York Criminal Lawyer said while he was employed in this position, he received numerous checks that were made payable to the hospital, but that he endorsed and deposited into his own personal bank account.
When the actions of this man became known to the hospital, the man was terminated and an audit was conducted to determine the extent of his embezzlement. They determined that between 1967 and 1972, the man embezzled $68,000. He admitted to the theft and he was arrested. He served five days in jail after his arraignment. During this time, he met with the insurance provider for the hospital. They decided between them that he would pay a little over $10,000 in restitution to the hospital. A New York Criminal Lawyer said the insurance company would provide the remainder of the money that he stole to the hospital. In return for his restitution, the prosecutor agreed to reduce the charge from a felony to a misdemeanor crime and that he would get three years of probation. They agreed with the court that everyone was satisfied with this arrangement. However, once the restitution was paid and the case went in front of the judge, the judge refused to accept the deal.
The judge determined that the man was currently living in Connecticut in a new house that was remodeled. The man had a new job working in Connecticut and there were rumors that he had stolen much more from the hospital than the $68,000 that he had been charged with. It seems that the hospital lost all of the records that it had prior to 1967 in a flood. The man had been an employee of the hospital for several years before 1967. A New York Drug Possession Lawyer said that some of the estimates placed the amount stolen well in excess of six digits. The judge determined that the defendant should serve one year in jail and three years on probation. The defendant and the prosecution objected to the change in the proposed arrangements. The prosecution stated that the hospital had received restitution of the entire amount that it lost and that the state should not be concerned that only $10,000 of that came from the defendant.
The judge stated that he did not like the idea that his tax dollars paid for the hospital had been stolen by this man and that all he was going to have to do was pay back a small portion and have three years of probation. The judge was adamant that he would not allow the man to get away without serving his rightful penalty to the state. The judge asked the man if he was in a position to pay back the rest of the money. The man informed the court that he did not have the remaining $58,000. The judge sentenced him to one year to serve and three years of probation. The defendant appealed the judgment of the court.
The court of appeals determined that the sentence should be overturned and that the original deal that had been made and agreed to by the prosecution should stand. A New York Sex Crimes Lawyer said they determined that it was not a case of leniency for white collar crime, but that the deal was made by the prosecution and should have been honored. They made their decision on the moral grounds of the issue with only one justice dissenting.
At Stephen Bilkis & Associates with its white collar crime Lawyers, have convenient offices throughout New York and Metropolitan area. Our criminal lawyers can provide you with advice to guide you through difficult situations. Without a felony crime attorney, you could lose precious compensation to help your family.