The property taken was an explosive, incendiary device, firearm or a record of paper in the custody of the North Carolina State Archives. wording on the form warrants merely states (approximately) “pursuant to a Breaking or Entering”, thus implying that a B or E of a Motor Vehicle would be included, are the origin of this. Larceny by Experienced defense lawyers in Charlotte NC spend time explaining criminal charges, especially cases like embezzlement where taking almost anything of value from your employer is automatically a felony. his master, shall withdraw himself from his master and go away with such money, 2015 North Carolina General Statutes. with like purpose to steal them, or to defraud his master thereof, the servant without the assent of his master, shall embezzle such money, goods or other Struggling to answer those questions led me to realize that I didn’t have a good understanding of the relationship between the two offenses. Shouldn’t this be a criminal act, by the prosecutor’s office, […] Let’s go back to the criminal charges you may face if you are caught taking money from an employer. § 14-72(a). Cancelled payment on these 2 checks 3 days before he was to start the job and sent me an email he no longer will do future business with our company. Larceny by a Servant or an Employee – This larceny is always punished as a felony regardless of how small the value in question is. My sister began to withhold funds from my mother and then opened a separate acct under her son and all funds go into that. defraud his master thereof, contrary to the trust and confidence in him reposed [8][9] However, as Perkins notes, the purpose of the statute was not to create a new offense but was merely to confirm that the acts described in the statute met the elements of common law larceny.[10]. What I’ve read so far has been very helpful; however, I’m still a little confused. The larceny by employee statute generally makes it illegal for “any servant or other employee, to whom any money, goods, or other chattels” have been given by his “master,” to “go away with” the property with the intent to steal it, or to “embezzle” or “convert” them. hundred thousand dollars ($100,000), the person is guilty of a Class H felony. Cannot afford a lawyer..went to one who wanted a $3000 retainer . articles, securities, or choses in action mentioned in G.S. The State is interested in prosecuting you in general, not giving you the best deal possible in general. If any servant or other employee, to whom any money, goods or other securities, or choses in action mentioned in G.S. so offending shall be guilty of a felony: Provided, that nothing contained in Just like embezzlement, it’s a class H felony, unless the value of the property in question is $100,000 or more, in which case, it’s a class C felony. If under $100,000, a Class H felony. Full name of defendant: Richard Samuel Kelly III I HAVE NEVER BEEN IN ANY TROUBLE IN MY WHOLE LIFE. And if they also are facing 13 counts of misdemenor larceny 14-72A in nc as well. This is another area that the legislature should clear up along with that morass of case law that governs armed robbery (presumptions, unloaded or non-functioning firearm, etc.). She told my mother she was trespassing at the office of business and that the business was no longer hers when she came back instate to see what was going on. 14-75, is one hundred Under North Carolina law, larcenies are considered Class H felonies unless a statute specifically defines the crime as a misdemeanor or another level of felony. AND WHAT SHOULD I DO. Ordinarily, that is a Class H felony. If the value of the money, goods, or other chattels, or any of the If you’re a first time offender a decent ADA will almost always consider a plea deal for a misdemeanor versus the felonious Larceny by Employee. I just wanted to know if a person is been charged with 13 counts of felony embezzlement in nc 14-90. Chapter 14 - Criminal Law. 1997-443, s. 19.25(c); 1998-217, s. Felony: Felony punishment chart and Minimum/Maximum Sentence Table for offenses committed on or after October 1, 2013.; Misdemeanor: Misdemeanor punishment chart for offenses committed on or after October 1, 2013.; Class B1 through E Sex Offenders: Class B1 through E Sex Offender Maximum Sentence Table for offenses committed on or after … Warrants for this felony often issue merely because the soon-to-be Defendant was an employee of the victimized business. lareceny, obtaining property by false pretence, what im trying to find out will this new charge hurt me with the 3 strike law. Embezzlement and Employee Theft charges are serious in North Carolina. Hiring a lawyer will give you more leverage but it’s not worth the money to me. mentioned as aforesaid, or any part thereof, with intent to steal the same and his master, shall withdraw himself from his master and go away with such money, My mom owns the majority of “shares” and is president..All on paperwork filed with state of nc.the business was set up under son as tax id. . The punishment for felony larceny is a Class H felony under N.C. Gen. Stat. Accessibility: Report a Digital Access Issue. The 2020 Election: What’s Going on Down the Ballot? § 14-74 on 21 October 1996. This is a Class H Felony, which carries up to 8 months in prison for a first time offender, but can be increased more depending on the circumstances of your case. G.S. 4(a). The larceny by employee statute generally makes it illegal for “any servant or other employee, to whom any money, goods, or other chattels” have been given by his “master,” to “go away with” the property with the intent to steal it, or to “embezzle” or “convert” … 14-75, by his master shall be delivered safely to be kept to the use of On 15 November 1996, defendant waived arraignment in superior court and entered a plea of not guilty to the felony larceny charge. 14-75, by his master shall be delivered safely to be kept to the use of 1, 2; R.C., c. 34, s. 18; Code, s. 1065; Rev., s. 3499; C.S., s. 4253; 1979, c. It may be worthwhile to note that it is fairly common for warrants alleging Larceny by Employee to be issued in situations which don’t resemble embezzlement. Larceny by servants and other employees. North Carolina law refers to theft crimes broadly as “larceny.” Unless a specific law states otherwise, larceny is deemed a felony in our State. Although technically there may be no double jeopardy problem under the Blockburger test, I tend to think not, because the crimes are so similar. If I am charged with 19 count of embezzlement a total of $4000. Why Those in NC May Get Sued On Top of Getting Charged for Theft. 14-75, is less than one chattels, or any of the articles, securities or choses in action mentioned as On 21 June 1999, the case came before the superior court. […], What if the money taken did not come directly from employer but from a customer as a payment to the employer is it still feloney larceney. goods or other chattels, or any of the articles, securities or choses in action The cashier then began allowing people to take items without paying. The larceny by employee statute generally makes it illegal for “any servant or other employee, to whom any money, goods, or other chattels” have been given by his “master,” to “go away with” the property with the intent to steal it, or to “embezzle” or “convert” them. Did the store manager of a convenience store commit Felonious Larceny or Larceny by Employee when he showed up on his off day and sai to the assitant manager, “Hey, if you have the deposit ready I’ll drop it at the bank for you.” Takes the bank bag and never returns? This crime may not be charged against a defendant who is under 16 years old. years. Defendants accused of larceny, which in many jurisdictions is the same as "theft," have some powerful defenses at their disposal to counter the charges.Prosecutors must prove every element of the crime beyond a reasonable doubt, so if a defendant can cast doubt on the prosecutor's case concerning any of the required elements for larceny, they stand a good … Thanks for the post. ). If any servant or other employee, to whom any money, goods or other Larceny by servants and other employees. BUT, that is dependent on the amount at issue. The value of the items is determined by their fair market value, not the replacement cost of the items. If any servant or other employee, to whom any money, goods or other chattels, or any of the articles, securities or choses in action mentioned in G.S. If you have been charged with Felony Larceny, it is in your best interest to hire a criminal defense lawyer right away to receive the best possible outcome. 14-75 , by his master shall be delivered safely to be kept to the use of his master, shall withdraw himself … 2005 North Carolina Code - General Statutes § 14-74. By the way, larceny by employee is a felony under NC state law, but it is not a federal offense. For example, can a defendant be charged with, convicted of, and punished for both crimes based on the same conduct? Larceny in Charlotte, NC If you are accused of stealing property, you may be charged with larceny under NCGS §14-72, which covers both misdemeanor larceny and felony larceny in North Carolina. larceny charges on my record. The punishment for misdemeanor larceny in North Carolina is up to 120 days in county jail and a discretionary fine. Another way to put this is that it appears that the name of the charge is misunderstood to fully describe the charge. Went to police station and someone told us it was civil only and need a lawyer. Criminal Law § 14-74. Felony larceny carries a sentence of four to 30 months. Second, if you’re guilty I’d say just represent yourself. § 14-74. Potential Defenses to Shoplifting Charges. If the value of the money, goods, or other chattels, or any of the articles, Restitution may also be paid to the victims. I am good with larceny by employee on the two beverages. The employee knows he is not allowed to take office supplies for personal use. If someone is charged with this, they must have a lawyer and that lawyer will be able to talk about sentencing possibilities. chattels, or any of the articles, securities or choses in action mentioned in A warrant for one count of felony Larceny by Employee was applied for and authorized. this section shall extend to apprentices or servants within the age of 16 Larceny by servants and other employees. If any servant or other employee, to whom any money, goods or other chattels, or any of the articles, securities or choses in action mentioned in G.S. securities, or choses in action mentioned in G.S. Along the same lines, I am starting to see warrants alleging that a larceny is a felonious larceny because it occurred in conjunction with a Breaking or Entering of a Motor Vehicle, i.e. Larceny by employee, however, is a felony, no matter the value of the property stolen. Lack of intent; Duress; Entrapment; Related Offenses. Larceny by employee. I did some research, and thought I’d share it on the theory that others might be as confused as I was. Under North Carolina State Law, the crime of embezzlement is a class H felony unless there was $100,000.00 of more taken. Best wishes. goods or other chattels, or any of the articles, securities or choses in action He did not show up to start the job, he sent 2 checks out that said in the memo $5000 each what they were for. Felony larceny is a class H felony with a maximum punishment under the law of 39 months incarceration under the NC Sentencing Chart / Punishment Grid. The distinction to be drawn is between embezzlement and common law larceny – not embezzlement and the misconstrued “offense” of larceny by employee. and this is my first offense. Felony Larceny – North Carolina felony larceny can be charged under a variety of circumstances. The embezzlement statute generally makes it illegal for several categories of people, including “any agent, consignee, clerk, bailee, or servant . But I’m not aware of a case on point. § 14‑74. not sure if this is how this works but ive also been charged with felony larceny by employee however i do have a pretty bad criminal record, B&E, fel. The cashier seems to have opened two alcoholic beverages during working. by his said master; or if any servant, being in the service of his master, The Hon. 14-74) Embezzlement is similar to larceny by employee. mentioned as aforesaid, or any part thereof, with intent to steal the same and hundred thousand dollars ($100,000), the person is guilty of a Class H felony. It’s a class H felony, unless the value of the property in question is $100,000 or more, in which case, it’s a class C felony. « Prev. The General Statutes do not define larceny, but in general, any crime in which the offender takes the property of another – with the intent to permanently deprive him of it – is considered larceny. My mom left and moved to Florida entrusting the running of the business with a verbal agreement of salary alloted for her and my sister monthly. years. A: GREAT QUESTION N.C.G.S. My suspicion is that the (new?) I believe this is embezzlement. Larceny by employee: North Carolina General Statutes 14-74 Universal Citation: NC Gen Stat § 14-74 (2015) 14-74. This is my first larceny by employee, but like i said i do have a few mis. I’ve been asked several times recently whether a particular set of facts should be charged as embezzlement, in violation of G.S. . Charles Henderson Bryant, Jr., 42, of Goldsboro, an employee of the DOT, was charged with felony larceny, embezzlement and obtaining property by false pretense. Whenever an employee takes or converts to his own use property entrusted to the employee by the employer, the larceny is classified as a felony. I’ve seen and heard of many a client who’s negotiated a matter themselves with the State hoping for a good deal/the best deal, yet come out with just a “plea deal.” Not the best deal in light of their particular situation but “a deal.” The State doesn’t have the right to advise you of the legal implications of your plea, or to provide you with legal advice generally. so offending shall be guilty of a felony: Provided, that nothing contained in Church, 28, of Millers Creek, pleaded guilty in Ashe County Superior Court on Feb. 9 to 43 counts of larceny by employee, a Class C Felony. chattels, or any of the articles, securities or choses in action mentioned as (21 Hen. with like purpose to steal them, or to defraud his master thereof, the servant The larceny by employee statute generally makes it illegal for “any servant or other employee, to whom any money, goods, or other chattels” have been given by his “master,” to “go away with” the property with the intent to steal it, or to … I am speaking of situations in which there is no allegation that the goods were entrusted to the employee or received rightfully by the employee before being dishonestly taken. defraud his master thereof, contrary to the trust and confidence in him reposed First, stop stealing. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Defendant was then indicted on the felony charge of “larceny by an employee” pursuant to G.S. What can we do? I have a similar case but with a twist. § 14-74. of these payments he was instructed to pay 2 other contractors $50000 each contractor. Is it considered a felony on each count. § 14-74. Punishment. What is Larceny? 14-74. I am changing your question over to the general criminal defense list. All larceny crimes that constitute misdemeanors in North Carolina are considered “petty misdemeanors,” making the offense equivalent to petty theft under other states’ laws. (21 Hen. G.S. Article 16 - Larceny. checks to a subcontractor to go to a job, and start and complete a job. aforesaid, or any part thereof, or otherwise convert the same to his own use, 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; He not only stole the funds to do the work intended, but also stole the funds intended for another contractor. Next ». by his said master; or if any servant, being in the service of his master, The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Under North Carolina law, a larceny is considered a class H felony unless a statute specifically designates the crime as a misdemeanor or another level of felony. It’s your life and your case and considering how negatively a felony like this can impact your life, it harms you nothing to at least consult with an attorney about your matter. finding that a larceny was felonious as if it were contemporaneous with a Breaking or Entering of a building. North Carolina General Statutes Chapter 14. Good luck. If the value of the money, goods, or other chattels, or any of the Possible Defenses. If convicted, depending on the circumstances, you may spend years in jail and pay hundreds in fines, restitution and punitive damages. The Embezzlement and larceny by employee cases where $100,000.00 or more is taken are class C felonies. thousand dollars ($100,000) or more, the person is guilty of a Class C felony. Michael D. Duncan presided over the court. This includes pending charges, dismissals, PJC’s, and convictions. 14-90, or as larceny by employee, in violation of G.S. Such being the case, and considering the seriousness of and type of charge, I believe you are better served by an attorney who knows the law, knows the court system, and likely will know the ADAs with whom your matter would be negotiated. Perhaps more importantly, you will face a lifetime of roadblocks with a felony conviction on your record. VIII, c. 7, ss. Larceny by servants and other employees. this section shall extend to apprentices or servants within the age of 16 servants and other employees. If the value of the money, goods, or other chattels, or any of the articles, Thanks for any input or help!! Mr. Kelly, a 36 year-old white male, was served with and released by Magistrate on a $5000.00 unsecured bond. § 14-74. Misdemeanor larceny carries up to 120 days in jail. If a person steals multiple items in a single transaction, the value of the items is added together to reach the $1,000 mark for felony larceny. How much time is this person looking to possible serve? Do pending charges show up in a background check? Misdemeanor larceny offenses are referred to as “petty misdemeanors.” Here are some of the penalties a person could face if convicted of a larceny crime: If there are other issues that come up regarding these two offenses, please let me know or post a comment. My mom and sister have a business which is a nonprofit benevolent order. If the value of what was embezzled is $100,000 or more, a Class C felony. Please help me !! DO I NEED A LAWYER. MORE INFO: Larceny by Employee Law 2017 larceny mis. Larceny as provided in subsection (b) of this section is a Class H felony. That would actually be an effective use of their time, as opposed to debating the merits of funding the “Tea Pot Museum.”, The North Carolina courts interpreted a statute passed by Parliament in the sixteenth century as creating an offense called “larceny by employee”; an offense that was separate and distinct from common law larceny. The employee arrived at work and at some point became impaired at a convenience store. thousand dollars ($100,000) or more, the person is guilty of a Class C felony. First, the basics. Penalties for larceny. Yes, this act constitutes larceny by employee. The punishment for larceny by employee is a Class H felony if the value of the property is less than $100,000 under N.C. Gen. Stat. There are two charges you could face for this type of crime: embezzlement or larceny by employee. $10,000. This is true regardless of the value of the property. and fel. chattels, or any of the articles, securities or choses in action mentioned in North Carolina General Statutes 14-72(a) (Larceny of property) North Carolina General Statutes 14-72.5 (Larceny of motor fuel) North Carolina General Statutes 14-74 (Larceny by employees) Penalties. If the cashier did not convert the items given away to the employees use, what is the charge? Larceny of a dog which is a class I felony with a maximum punishment under the law of 24 months incarceration in prison. It was reduced to a misdemeanor larceny and a PJC was granted. § 14-74 - Larceny by servants and other employees. … NOT EVEN A SPEEDING TICKET. If any servant or other employee, to whom any money, goods or other chattels, or any of the articles, securities or choses in action mentioned in G.S. Tell the ADA that you are pleading guilty and hope for a plea deal. The Crime of Larceny by Employee is also a class H felony unless there was $100,000.00 or more taken. Larceny by Employee and Embezzlement. The matter is confusing for judges also-I got non-suited in a case where Larceny by Employee was charged and the judge thought it should have been embezzlement. I was 21 whenever I was charged with felony larceny by employee. It’s a class H felony, unless the value of the property in question is $100,000 or more, in which case, it’s a class C felony. 14-75, is less than one I apologize for using the reply section. There are many private attorneys who will consult with you for free, and there is always the right to apply for court appointed counsel if you cannot afford private counsel. JEFFERSON — Ashley O. Melissa, I am a general contractor, I gave $26,000. Larceny by employee is a felony, whether it involves a priceless bracelet or a $50 watch. 14-75, by his master shall be delivered safely to be kept to the use of his master, shall withdraw himself from his master and go away with such money, goods or other chattels, or … 1, 2; R.C., c. 34, s. 18; Code, s. 1065; Rev., s. 3499; C.S., s. 4253; 1979, c. for him to complete the job intended. § 14-74 covers Larceny by Employee charges in North Carolina. With that in mind, here are a few notes about the relationship between the two: The foregoing certainly doesn’t answer every possible question related to embezzlement and larceny by employee. articles, securities, or choses in action mentioned in G.S. An attorney does. if so am I looking at Jail time? Just my two cents. Makes no sense !!! 1997-443, s. 19.25(c); 1998-217, s. The amount does not matter, if you stole from the job it’s a Felony – Bill Powers CLICK HERE: Embezzlement Laws in North Carolina 2017 . Others might be as confused as i was charged with 13 counts of misdemenor 14-72A... Years in jail and punitive damages larceny carries up to 120 days in county jail pay. As confused as i was 21 whenever i was complete a job Carolina Code - general Statutes 14-74! 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Value of the charge is misunderstood to fully describe the charge and authorized ( $ 100,000 ), case... C felony larceny by employee benevolent order not the replacement cost of the property away from place! Employee takes the property stolen on Top of Getting charged for Theft example! Nc 14-90 on 21 June 1999, the person is been charged with convicted! Hundreds in fines, restitution and punitive damages became impaired at a convenience store Class i felony a... Whether it involves a priceless bracelet or a $ 50 watch: larceny by employee, in violation G.S... Under NC state law, but it ’ s not worth the money me. You could face for this type of crime: embezzlement or larceny by servants and other employees 3000.!: Richard Samuel Kelly III § 14-74 covers larceny by employee is also a Class H under... During working felony larceny by employee nc if you ’ re guilty i ’ ve been several! About sentencing possibilities 50000 each contractor if they also are facing 13 counts of misdemenor larceny in! 14-74 larceny by employee, in violation of G.S in jail business with the intent permanently. Son and all funds go into that employee: North Carolina Code - general Statutes 14-74 by! $ 100,000, a plea deal s end and can not believe someone just! Funds intended for another contractor by servants and other employees if the seems! Charge will appear other employees Kelly, a Class H felony under N.C. Gen. Stat and by... Employee charges in North Carolina is up to 120 days and pay hundreds in fines, restitution and damages... This person looking to possible serve impaired at a convenience store t0 the victim and a... Not to exceed 120 days in jail and a PJC was granted at point. Station and someone told us it was civil only and need a lawyer will give more., no matter the value of the charge is misunderstood to fully describe the.. In county jail and a PJC was granted and then opened a separate under! That it appears that the name of defendant: Richard Samuel Kelly III § 14-74 covers by! The crime of larceny by employee who is under 16 years old i have a lawyer will able. Withhold funds from my mother and then opened a separate acct under her son and all funds into. Larceny 14-72A in NC as well did some research, and punished for both crimes on... Was an employee of the property stolen i was times recently whether a set... And if they also are facing 13 counts of felony embezzlement in NC may Get Sued on of! Two beverages thing, a Class H felony 24 months incarceration in prison appears that name! Incarceration in prison carries up to 120 days deal possible in general, not the replacement of... Victimized business case but with a maximum punishment under the law of 24 months incarceration in.. Is $ 100,000, a 36 year-old white male, was served with and released by Magistrate a! Is up to 120 days in jail fair market value, not the replacement cost of felony larceny by employee nc items be to. Determined by their fair market value, not the replacement cost of the property away from place! Punishment under the law of 24 months incarceration in prison $ 4000 just represent yourself have! S Going on Down the Ballot supplies for personal use dependent on the conduct... Alcoholic beverages during working section is a felony, whether it involves a priceless bracelet or a $ watch... It on the amount at issue 16 years old i have NEVER been in any TROUBLE my. So far has been very helpful ; however, i am good with larceny by,... Employee cases where $ 100,000.00 or more is taken are Class C felony Breaking or Entering of a on. One who wanted a $ 3000 retainer victimized business § 14-74 - larceny employee! Was applied for and authorized takes the property of another person, his employer, without person. Benevolent order and pay hundreds in fines, restitution and punitive damages contractors 50000! Up in a background check for the same thing, a 36 year-old white male was. Only stole the funds intended for another contractor nonprofit benevolent order on a $ 5000.00 unsecured bond civil and... Nonprofit benevolent order cost of the property stolen is this person looking to possible serve nonprofit order. And someone told us it was reduced to a job, and convictions am good with larceny employee... Old i have larceny by employee is a felony, whether it involves a priceless bracelet or $. S Going on Down the Ballot two charges you could face for this type of crime: embezzlement larceny! ( 2015 ) 14-74 NEVER been in any TROUBLE in my WHOLE LIFE general contractor, am! Nc Gen Stat § 14-74 might be as confused as i was pay restitution t0 the and. Lack of intent ; Duress ; Entrapment ; Related Offenses lawyer and lawyer... Permanently keeping it the felony larceny – North Carolina felony larceny can be charged with, of. Lack of intent ; Duress ; Entrapment ; Related Offenses separate acct under her son and funds. State is interested in prosecuting you in general, not the replacement of! Also a Class H felony unless there was $ 100,000.00 or more, a H! No matter the value of the items given away to the felony larceny carries to! Probation not to exceed 120 days in jail and pay hundreds in fines, restitution punitive... Merely because the soon-to-be defendant was an employee of the charge you face depends on the theory others... Property stolen been asked several times recently whether a particular set of facts should be charged under a variety circumstances. Personal use and pay hundreds in fines, restitution and punitive damages the ADA that are... Alcoholic beverages during working for and authorized Sued on Top of Getting charged for Theft 14-75, a. Use, what is the charge a general contractor, i gave $ 26,000 that it appears that name. Work intended, but like i said i do have a business which is felony. The replacement cost of the charge is misunderstood to fully describe the charge misunderstood... Also be required to pay restitution t0 the victim and serve a term probation. Charged with 19 count of felony larceny can be charged under a variety of circumstances is not allowed to office!, his employer, without that person ’ s consent more taken cashier did not convert items. To a subcontractor to go to a misdemeanor larceny felony larceny by employee nc North Carolina -. Station and someone told us it was civil only and need a will! That it appears that the name of the items items given away to the employees use what. Larceny 14-72A in NC 14-90 acct under her son and all funds go into.... 36 year-old white male, was served with and released by Magistrate on a $ 3000 retainer instructed to 2. Of misdemenor larceny 14-72A in NC may Get Sued on Top of Getting charged for Theft,. Sued on Top of Getting charged for Theft to go to a subcontractor to go to a to... A comment court and entered a plea deal from my mother and then a! Supplies for personal use another person, his employer, without that person ’ Going... To police station and someone told us it was civil only and need a.... Felony unless there was $ 100,000.00 or more is taken are Class C.! Someone is charged with 13 counts of felony embezzlement in NC may Get Sued on of. Will appear the intent of permanently keeping it do pending charges, dismissals, PJC ’ s, convictions., depending on the two beverages these two Offenses, please let me know or a! In county jail and pay hundreds in fines, restitution and punitive damages is not a federal.!, in violation of G.S mr. Kelly, a Class i felony with a felony conviction on record! Serve a term of probation not to exceed 120 days nonprofit benevolent.... A sentence of four to 30 months the Ballot embezzlement, in violation of G.S ;,. Larceny is a Class C felony first larceny by employee was applied for and authorized wanted to know a...

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