$100,000 Theft By Deception Dismissed

Money Laundering Charges

William Proetta recently represented a client in Superior Court who had been indicted on six counts related to a $100,000 loan fraud scheme.

The indictment included two counts of second-degree identity theft under 2C:21-17a(1), one count of second-degree theft by deception under 2C:20-4a, third-degree uttering false documents (a fake ID) under 2C:21-2.1c, fourth-degree false documents under 2C:21-2.1d and fourth-degree hindering apprehension under 2C:29-3b(4).

The State alleged that the client went into several banks and tried to take out a $100,000 loan using someone else’s identity, presenting a fake ID and other identifying information to bank staff. He was arrested outside a bank shortly afterward with a fake ID in his possession. The evidence included video surveillance, numerous financial documents, the fake ID and the client’s own admissions.

The client had a prior record and faced a maximum of 38 years in state prison, and he was adamant that he could not serve any jail time. William started by challenging the prosecution’s case and examining its proofs. He also gave the State additional information and exculpatory evidence that had not been known when the case was presented to the grand jury.

William concluded that the State’s case was deficient because it lacked discovery needed to prove the client actually took the steps required to secure the fraudulent loan and actually intended to defraud and steal from the banks.

The client pleaded guilty to one count of third-degree uttering false documents for presenting a fake ID to obtain a benefit. In exchange, the State dismissed all remaining charges, including the three second-degree crimes, each of which carried 5 to 10 years in state prison. At sentencing, William successfully argued that the client should receive probation with no incarceration.

State v. C.K.