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Old 12-20-2006, 01:46 PM     #1
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Angry I Need Advice ASAP!

I have been charged with one count of Grand Larceny in the Third Degree (class D Felony), one count of Grand Larceny in the Fourth Degree (class E Felony) and one count of Scheme to Defraud in the First Degree (class E Felony). I have charged as the "owner and operator" of said company, which has long been closed. The company was owned by my wife (we are currently seperated), and run by her brother-in-law (who conveniently has left his name out of this company since its inception - I never understood why that was the case, but realized too late that it was probably because his past two companies he operated and were owned by his wife, were bankrupted as well). I was neither the "owner" or "operator."
The District Attorney's office claims that over a period of three months in 2005, I personally collceted over $20,000 in deposits from twelve customer to do work for them. In each case, the money was taken but no work was performed. After numerous complaints from the homeowners, the Depsrtment of Consumer Affairs notified the County's District Attorney's office of the "scheme."
The company closed its doors in late 2005, and the responsibility of closing and bankrupting the company was left to my wife's family. I had no control over it, and the company was never bankrupted. All of the assests that the company had were to be sold, and those monies were to be used to return these deposits. Again, this was never done. I am being charged becuase I was the one who "physically" took the money from these customers (and in turn, simply deposited them into the company's bank account).
I am currently being represented by the Legal Aid Society, but dealing with them is not easy. They seem to be only concerned with getting me the "best deal," not fighting for me. I have never argued that someone should repay this money. If need be, I'll even assume that responsibility - it would make me feel better in the long run. But the District Attorney's office is not not only looking for full restitution (from me), but also to have the Scheme to Defraud Felony on my record, 6 months in jail, and 5 years probabtion, all due to the fact that I was the one who "physically" took the deposits from these customers.
There was no "scheme" here. This was an establised company whose normal process was to have their saleman (me) visit a customer to provide a proposal, agree on a contract/price, pick up a deposit, perform the work, and receive payment for the balance upon completion. The company ran into financial problems, and they closed their doors before things got any worse. From that point on, nothing was done.
All of the burdens of this company have found their way to my front door. I would be willing to listen to "a deal" in this matter, but what can I do to defend myself in this matter?
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Old 12-20-2006, 08:05 PM     #2
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Default Re: I Need Advice ASAP!

Legal aid is not likely to want to fight this out. You certainly should not be responsible in any way if you were not a key decision-maker, owner etc. and did not know what was going on etc. You may want to consider private counsel, and make sure the others involved can testify that you were not involved, if that is possible--or show them to be the real culprits.
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