Manhattan White Collar Grand Theft

What to Know About White Collar Grand Theft Charges in Manhattan

White-collar grand theft charges in Manhattan can carry life-altering consequences. Even without the use of force or physical violence, these cases often involve complex allegations of fraud, deception, and financial misconduct. Prosecutors treat white-collar theft cases seriously, especially when the amount stolen meets the felony threshold. If you’re under investigation or already facing charges, now is the time to act decisively.

At Petrus Law, we defend clients throughout Manhattan against serious grand theft allegations involving embezzlement, identity theft, wire fraud, and other financial crimes. We understand how to dismantle the prosecution’s case with evidence-based strategies, clear communication, and a deep understanding of New York’s Penal Law. Our firm takes a proactive approach to legal defense, fighting to protect your rights, reputation, and future from the start.

Contact Petrus Law at (646) 733-4711 or visit our contact page to speak with a Manhattan white-collar defense attorney who can begin building your case today.

Understanding White Collar Grand Theft in New York

White-collar grand theft is not just a financial crime; it is a felony offense under New York law that can lead to prison time, restitution orders, and long-term reputational damage. These cases typically involve high-value property or money obtained through deceitful means. Unlike traditional theft charges, white-collar grand theft cases usually stem from investigations involving bank records, business transactions, electronic communications, and digital forensics. If you are facing such charges in Manhattan, it is essential to understand the legal definitions, thresholds, and penalties under the New York Penal Law.

Petrus Law helps individuals navigate these complex accusations with a clear legal strategy tailored to the facts of the case. Whether you are accused of stealing from an employer, manipulating financial data, or defrauding a business partner, our defense team is prepared to investigate, advocate, and protect your legal rights at every stage of the process.

What Makes a Theft Offense “Grand” Under New York Law

In New York, theft offenses are classified based on the value of the property allegedly stolen. Grand larceny becomes a felony when the value of the stolen property exceeds $1,000. This standard is codified under New York Penal Law § 155.30, which outlines the offense of Grand Larceny in the Fourth Degree. The penalties increase as the value of the stolen property rises, with Grand Larceny in the First Degree involving amounts over $1 million and classified as a Class B felony.

The distinction between petit larceny and grand larceny depends on the amount at issue, but in white collar cases, the focus is often on the method of theft, not just the dollar amount. Prosecutors may argue that a series of small transactions, taken together, constitute a grand theft if they are part of a single scheme or course of conduct.

Our attorneys carefully review the financial documents and communication records associated with your case to determine whether the prosecution’s valuation is legally justified. We also assess whether charges have been improperly inflated by aggregating unrelated transactions, which is a tactic sometimes used to strengthen the case against the defendant.

Types of Conduct That Constitute White Collar Grand Theft

White collar grand theft can involve many different types of conduct, each with its own legal implications and factual complexities. In Manhattan, prosecutors frequently charge business owners, employees, corporate executives, and public officials with grand theft when allegations involve dishonest financial gain. These cases can include embezzlement, identity theft, wire fraud, and intellectual property theft.

Embezzlement and Workplace Theft

Embezzlement occurs when someone entrusted with access to money or property uses that access to misappropriate funds for personal use. A bookkeeper who diverts client payments into a personal account or a CFO who manipulates payroll records to inflate their own compensation may face embezzlement charges. According to the Federal Bureau of Investigation (FBI), embezzlement is one of the most frequently prosecuted white collar crimes in the country.

Under New York law, embezzlement is prosecuted as a form of larceny. The prosecution must prove that the defendant had lawful access but not lawful ownership of the money or property. This nuance is critical. Petrus Law works to expose gaps in the prosecution’s theory of ownership and control to undermine the case from the outset.

Identity Theft and Fraudulent Schemes

White collar grand theft also includes identity theft, particularly when it results in large-scale financial loss. Using another person’s Social Security number, credit card information, or tax documents to obtain money or property constitutes a felony offense. Under New York Penal Law § 190.80, Identity Theft in the First Degree is charged when the value of the stolen goods or services exceeds $2,000.

Fraudulent schemes may involve check kiting, fake invoices, or fraudulent investment offerings. The New York Attorney General frequently issues consumer alerts about these scams, which you can review on the Office of the Attorney General’s website.

Legal Elements Required to Prove Grand Theft in a White Collar Case

To secure a conviction for white collar grand theft, the prosecution must prove every element of larceny beyond a reasonable doubt. These elements include the wrongful taking of property, intent to deprive the owner permanently, and the absence of consent. In white collar cases, prosecutors often rely on circumstantial evidence, such as accounting discrepancies or digital communication, to infer intent.

Intent to Deprive the Owner Permanently

Intent is often the most contested issue in a grand theft case. The defense may argue that the defendant believed they had a right to the property or that the transaction was a misunderstanding. For example, an employee accused of overbilling a client might assert that they were following company policy or acting on unclear instructions.

The concept of intent is explained in depth under Cornell Law School’s Legal Information Institute, which defines it as the mental state accompanying a prohibited act. Petrus Law evaluates every communication, contract, and email involved in the case to challenge the prosecution’s interpretation of intent.

Lack of Consent and Ownership

The prosecution must also prove that the defendant did not have the legal owner’s consent to take or use the property. In business disputes, this element can become murky. If the alleged victim is a business partner or co-owner, issues of control, access, and agreement can blur the lines of consent.

Our defense strategies in these cases often involve reconstructing the internal policies, partnership agreements, or corporate bylaws that govern the financial transactions in question. We work with forensic accountants and business consultants to show that the conduct was either authorized or misunderstood, rather than criminal.

How State and Federal Jurisdiction Overlap in Manhattan White Collar Cases

White-collar grand theft in Manhattan can trigger both state and federal investigations, depending on the nature of the offense. If the crime involved interstate commerce, federal authorities such as the U.S. Attorney’s Office for the Southern District of New York may become involved. Cases involving mail fraud, wire fraud, or bank fraud often fall under federal jurisdiction.

When facing both state and federal charges, defendants must navigate a dual-track legal process with different courts, procedures, and sentencing guidelines. The U.S. Department of Justice aggressively prosecutes white-collar offenses, and conviction in federal court often leads to longer sentences under the United States Sentencing Guidelines.

Petrus Law has experience defending clients in both jurisdictions and understands how to coordinate defense strategies that anticipate overlapping investigations. We help our clients understand their exposure and develop a unified approach that protects them in both court systems.

Penalties and Consequences of White Collar Grand Theft Convictions in Manhattan

A white collar grand theft conviction in Manhattan can have devastating legal, financial, and personal consequences. While these offenses do not involve physical violence, New York law treats them as serious felonies with the potential for lengthy incarceration and substantial financial penalties. In many cases, the long-term consequences of a conviction can impact every area of your life, from employment to housing to professional licensing. That is why hiring a qualified Manhattan white collar defense lawyer is not just advisable, it is essential.

Petrus Law defends clients against these damaging outcomes by challenging the prosecution’s case, suppressing unlawfully obtained evidence, and negotiating resolutions that avoid felony convictions where possible. Understanding the penalties under New York law is the first step in preparing an effective defense strategy.

Felony Classification and Prison Time for White Collar Theft

New York Penal Law classifies grand larceny offenses by the value of the property involved. These classifications carry increasing levels of punishment as the amount allegedly stolen rises. The specific sentencing structure can be found in New York Penal Law Article 70, which governs felony sentencing.

Grand Larceny in the Fourth Degree

Grand larceny in the fourth degree is a Class E felony and applies when the value of the stolen property exceeds $1,000. This offense carries a maximum sentence of four years in state prison. While courts sometimes impose probation for first-time offenders, incarceration is a real possibility, especially if the court believes the defendant abused a position of trust.

Grand Larceny in the Third Degree

A person commits grand larceny in the third degree, a Class D felony, when the stolen property exceeds $3,000 in value. This crime carries a maximum penalty of seven years in prison. Judges consider several factors when sentencing, including the defendant’s criminal history, the duration of the alleged scheme, and the financial harm to the victim.

Grand Larceny in the Second and First Degrees

When the value exceeds $50,000, the charge becomes grand larceny in the second degree, a Class C felony punishable by up to 15 years in prison. If the value exceeds $1 million, the charge becomes grand larceny in the first degree, a Class B felony with a potential 25-year sentence. The full statute is available through the New York State Senate website.

In high-dollar white collar cases, prosecutors often push for enhanced sentencing, arguing that the scheme involved careful planning, multiple victims, or abuse of fiduciary duties. Our firm works to humanize our clients, challenge the valuation methods, and argue for reduced sentencing based on mitigating factors.

Financial Restitution and Asset Seizures

In addition to prison time, white collar grand theft convictions almost always result in financial restitution. Courts may order defendants to repay the full amount taken, with interest. In cases involving business losses, the court may also award consequential damages based on lost revenue or reputational harm.

Civil Asset Forfeiture in Criminal Cases

New York allows prosecutors to initiate civil forfeiture actions alongside criminal charges, enabling the government to seize bank accounts, real estate, and other assets allegedly connected to the theft. According to the New York Civil Practice Law and Rules (CPLR) § 1311, prosecutors can seek to forfeit any property believed to be the proceeds of a crime.

Petrus Law aggressively contests these forfeiture actions, demanding proof that the assets were linked to the alleged criminal conduct. We file motions to suppress and petitions to release frozen funds, which can be crucial for preserving your financial stability during an ongoing case.

IRS Involvement and Tax Fraud Exposure

If the case involves unreported income or hidden accounts, the Internal Revenue Service may pursue parallel tax fraud investigations. Failing to report stolen funds as income, even if illegal, can lead to additional charges under federal tax law. The IRS outlines these issues on its criminal investigations page.

Our team understands how financial data is interpreted by both state and federal agencies. We work closely with forensic accountants and tax specialists to identify red flags before they trigger parallel charges.

Professional Licensing and Employment Consequences

One of the most damaging effects of a white collar grand theft conviction is the loss of professional opportunities. Even a non-violent felony conviction can result in automatic disqualification from many professions, including law, medicine, finance, and education. Employers often conduct background checks and may refuse to hire or retain anyone with a theft-related offense.

Impact on Licensed Professionals

In New York, licensing authorities such as the Department of Financial Services and the New York State Education Department have the power to suspend or revoke licenses following a criminal conviction. For example, a financial adviser found guilty of embezzlement could lose their Series 7 or CPA license, effectively ending their career.

Petrus Law helps licensed professionals navigate disciplinary hearings and respond to administrative actions taken by licensing boards. We work to preserve your career and defend your standing before regulatory authorities.

Employment Background Checks and Barriers

White collar convictions frequently appear on pre-employment background checks. Employers may view theft-related offenses as red flags for dishonesty, particularly in positions involving money or sensitive information. While New York law includes protections for individuals with criminal records under the Human Rights Law § 296(15), employers can still reject candidates if the conviction is relevant to the job.

We advise clients on how to mitigate these effects, including applying for certificates of relief from disabilities and demonstrating rehabilitation. In some cases, it may be possible to have the conviction vacated or sealed, depending on the circumstances and eligibility requirements.

Immigration and Travel Restrictions for Non-Citizens

For non-citizens, a white collar grand theft conviction can result in severe immigration consequences, including deportation, visa denial, or ineligibility for naturalization. The Immigration and Nationality Act (INA) treats crimes involving moral turpitude as removable offenses. Theft, fraud, and embezzlement almost always fall into this category.

Petrus Law works with experienced immigration counsel to assess the impact of criminal charges on our non-citizen clients. In many cases, we negotiate plea agreements specifically tailored to avoid triggering immigration penalties. We also file post-conviction relief motions where prior counsel failed to advise clients about immigration risks, consistent with the principles in Padilla v. Kentucky.

Defenses Against White Collar Grand Theft Charges in Manhattan

Facing a white collar grand theft charge in Manhattan does not mean you are guilty. The prosecution must prove every element of the offense beyond a reasonable doubt, and in many cases, the evidence is circumstantial, overinterpreted, or based on flawed assumptions. With the right legal defense, it is possible to have charges reduced or dismissed entirely. At Petrus Law, we tailor each defense strategy to the facts, the client’s background, and the weaknesses in the state’s case.

Our Manhattan criminal defense attorneys have successfully defended clients against grand theft allegations involving embezzlement, wire fraud, forged checks, identity theft, and other white collar accusations. We identify constitutional violations, expose investigative flaws, and use expert testimony to cast doubt on the prosecution’s narrative.

Challenging the Prosecution’s Evidence

White collar theft cases often rely on complex documentation, spreadsheets, and digital communications to construct a theory of fraud or misappropriation. However, these forms of evidence are open to interpretation and can be misleading if taken out of context.

Questioning Financial Records and Audits

Prosecutors frequently present financial records that appear to show misappropriation of funds, but these records are only as reliable as the analysis behind them. If the accounting is flawed, incomplete, or manipulated, it can lead to false conclusions. We work with forensic accountants to re-examine financial data and present alternate explanations for the transactions in question.

In some cases, what appears to be theft may be a bookkeeping error, an accounting method dispute, or a misunderstanding about internal protocols. The Association of Certified Fraud Examiners (ACFE) emphasizes the importance of neutral expert review in financial crime investigations. Petrus Law uses these experts to neutralize the state’s accounting theories and show that the client’s actions were neither criminal nor intentional.

Suppressing Illegally Obtained Evidence

Evidence gathered in violation of your constitutional rights is not admissible in court. If law enforcement conducted a search without a warrant or interrogated you without providing Miranda warnings, we will file motions to suppress that evidence. Under the Fourth Amendment and Fifth Amendment, any evidence obtained unlawfully may be excluded from trial.

Petrus Law reviews every step of the investigation, from subpoena compliance to data extraction procedures, to determine whether constitutional violations occurred. If they did, we would take immediate action to have that evidence thrown out.

Asserting a Lack of Criminal Intent

Intent is a key element in every white collar grand theft case. The prosecution must prove that you intended to deprive someone of their property permanently and that your actions were knowing and willful. A lack of intent is one of the most powerful defenses available.

Mistake of Fact or Misunderstanding

In many corporate or small business cases, clients are accused of theft for actions they believed were authorized. This can include reimbursement requests, bonus payments, or the use of shared accounts. If you believed in good faith that you were entitled to the property or were acting under company policy, the prosecution cannot prove the required mental state for a theft conviction.

New York courts have acknowledged the role of “mistake of fact” as a valid defense under Penal Law § 15.20. Petrus Law carefully documents communication records, emails, and internal policy documents to support your reasonable belief and dismantle the state’s narrative.

Entrapment and Coercion

If you were induced by law enforcement or a cooperating witness to commit an act you otherwise would not have done, you may have a valid entrapment defense. New York recognizes entrapment under Penal Law § 40.05, which applies when law enforcement uses pressure, trickery, or harassment to induce criminal behavior.

We investigate the conduct of investigators, undercover agents, or third parties acting on behalf of the government. If their behavior crossed the line into coercion or manipulation, we present that defense forcefully in court.

Contesting the Amount Allegedly Stolen

The value of the property allegedly stolen directly affects the severity of the charges. Prosecutors often attempt to inflate the total by combining unrelated transactions or using inaccurate valuation methods. Challenging the value is not just a technical argument; it can reduce a Class C felony to a Class D or E, making a significant difference in sentencing exposure.

Aggregation of Multiple Transactions

The law allows aggregation of thefts in certain cases, but only when they are part of a “single scheme or continuing course of conduct.” If the state aggregates transactions that occurred months apart or involved different alleged victims, we may be able to move for dismissal or reduction of charges. The rule regarding aggregation is outlined in People v. Cox, a New York case often cited in grand larceny challenges.

We dissect the timeline of alleged acts and argue that the state’s aggregation is improper, which can lower the classification of the charge and reduce the potential sentence.

Improper or Inflated Valuation

In some cases, the value of services or digital property is difficult to quantify. Prosecutors may use speculative figures to reach a felony threshold. We challenge these estimates using expert appraisals, market research, and industry standards. For instance, the alleged “value” of stolen proprietary data may be inflated without any proof of market harm or loss.

Petrus Law consults with valuation experts and industry professionals to produce credible evidence that contradicts the prosecution’s claims.

Procedural Defenses and Due Process Violations

White collar cases often involve lengthy investigations, grand jury proceedings, and pretrial motion practice. If the prosecution or law enforcement fails to follow proper procedure, your due process rights may have been violated.

Grand Jury Errors and Indictment Defects

New York criminal procedure requires that indictments be based on legally sufficient evidence presented to a grand jury. If the state presented hearsay evidence, withheld exculpatory material, or misled the grand jury, we can move to dismiss the indictment under CPL § 210.20.

We obtain the grand jury minutes and file a motion to inspect, looking for irregularities that may have compromised the integrity of the process.

Speedy Trial Violations

Under CPL § 30.30, the prosecution must be ready for trial within a specific time frame. If they exceed that limit without valid justification, the court may dismiss the case. White collar cases often involve voluminous discovery, but delays must still comply with the statute.

We monitor the prosecution’s compliance with CPL 30.30 and file appropriate motions when delays are unjustified.

Take Action Now With a Manhattan White Collar Grand Theft Attorney

If you or someone you care about is facing white collar grand theft charges in Manhattan, the time to act is now. These cases move quickly, and the prosecution is already building its case. Whether you are under investigation or have already been charged, you need a defense team that understands the legal system, financial evidence, and how to challenge complex criminal allegations with skill and strategy.

At Petrus Law, we take a proactive and aggressive approach to defending clients accused of Manhattan white collar grand theft. We examine the evidence, identify flaws in the government’s case, and fight to protect your reputation, career, and freedom. Every step we take is designed to position you for the best possible outcome, whether that means a dismissal, reduction in charges, or complete acquittal.

Our team has experience handling embezzlement, identity theft, fraud, and other high-stakes financial crimes. We understand how Manhattan prosecutors build these cases, and we know how to break them down. Let us stand between you and a life-altering conviction.

Call Petrus Law today at (646) 733-4711 or visit our contact page to schedule a confidential consultation with a Manhattan white collar defense lawyer. We are ready to protect your future.

Get In Touch

Schedule a Free Legal Consultation With Us

If you or a loved one needs the assistance of a New York criminal defense attorney, don’t hesitate to reach out. Paul D. Petrus Jr. can help you with his extensive experience in a variety of criminal areas.

  • Proven results
  • Years of courtroom experience
  • Affordable fees and payment plans
  • We are available 24/7 for clients