Fostering the Sale of Stolen Goods: NY Penal Law 165.66

New York enacted the crime of Fostering the Sale of Stolen Goods, Penal Law 165.66, to help the police and District Attorneys combat retail theft, shoplifting, and organized criminality through the New York City, the Hudson Valley and elsewhere in the state. Gone are the days when you could escape arrest or prosecution merely because you were not charged with the actual theft of property by way of Petit Larceny or Grand Larceny, or possessing those same ill-gotten gains through any degree of Criminal Possession of Stolen Property. Why? As your criminal lawyer will explain, no matter your involvement in the initial stealing, hiding, or keeping of stolen goods, if you sell the stolen or fenced merchandise, you will likely expose yourself to the unique and separate criminal offense of Fostering the Sale of Stolen Goods.

Fostering the Sale of Stolen Goods: Definitions and Elements

Like all other offenses found in New York’s criminal code, Penal Law 165.66 has a distinct set of elements. First, your objective in moving these stolen goods as the principle “bad guy”, or an accomplice to him or her, must be for financial gain. Assuming prosecutors can establish this fact, the District Attorney must then prove that you used an online website, including an “app” or application, or other digital venue or physical space to sell the property. Lastly, when you trafficked this property, or offered to sell it even if unsuccessful, you must have known or should have known that the merchandise was unlawfully secured or obtained. Again, taking part in the theft or housing the stolen or unlawfully obtained merchandise may bear on the provability of the case against you but is not a necessary element of this crime.



Fostering the Sale of Stolen Goods: Penalties and Punishment

Ignoring the fact that you could be charged with equal or more serious felonies if prosecutors can tie you back to the unlawful taking or possession of the property valued in excess of $1,000, $3,000, $50,000 or $1 million, Penal Law 165.66 by itself is a class “A” misdemeanor. As such, a conviction for this offense cannot be expunged and will remain on your record while also exposing you up to as long as one year in a county jail like Rikers Island or the Westchester County Jail.

• Grand Larceny: NY Penal Law 155.30, 155.35, 155.40 & 155.42
• Petit Larceny: NY Penal Law 155.25
• Criminal Possession of Stolen Property: Penal Law 165.40, 165.45, 165.50, 165.52 & 165.54

Even if you avoid incarceration, however, understand that a conviction will undoubtedly have direct and collateral consequences on professional licenses, such as for attorneys, broker-dealers, and medical professionals, and on immigration status as a possible Crime Involving Moral Turpitude (“CIMT”) or other complication.

Fostering the Sale of Stolen Goods: Examples

After a crew of thieves walk into a store and commit a “smash-and-grab” burglary (sometimes mistakenly called a robbery) of jewelry or Apple products, they sell it to you at a deep discount without any proof of sale but new in the box items with security devices still attached to the exterior. You purchase the items for pennies on the dollar and turn around and throw them up for sale on eBay or Facebook Marketplace. You knew the merchandise was stolen because you texted about it and the police seized your phone or you made an admission to the detectives who traced the sale back through your IP address, email, or account where you sold the goods. All of this could, and likely would, lead to an arrest.

Remember, you needn’t successfully move nor sell the stolen or unlawfully obtained merchandise just as it does not matter if you used a store front, the internet, or the street corner to do so. Further, even though you were not a part of or an accomplice to the “smash-and-grab”, if prosecutors can prove beyond a reasonable doubt that you should have known the source of these goods was unlawful, a judge or jury of your peers can hand down a conviction.

Your Criminal Case: Your Defense

It should go without saying that direct proof that you were involved in a theft or had knowledge that the items you sold or attempted to sell were illegally obtained is far more damaging to you as an accused than if the evidence is circumstantial. Did you make any incriminating statements, and can those be challenged on legal grounds? Was there an undercover buy of the property in a sting operation and/or did the police search your apartment, vehicle, or office to retrieve the property? If the latter, was their search lawful and can your lawyer suppress the introduction of those goods in court? For that matter, and arguably the first line of attack, were the goods you allegedly offered for sale actually stolen or unlawfully obtained, and how do prosecutors plan on proving your actual knowledge or “should have” known mindset?

There is no “one size fits all” defense in any criminal case, but there is also no substitute for knowledge, experience and advocacy when you are staring down a criminal record and potential incarceration. Whether you were the target of a long-term investigation with informants, undercover police officers, and search warrants, found yourself under arrest because law enforcement stumbled upon your advertisement, or you were simply falsely accused, your best and strongest defense starts and ends with the right criminal attorney.

Don’t find yourself saddled with both a criminal record and a life of regret. Contact Jeremy Saland, criminal lawyer and former Manhattan prosecutor, and put your best defense and foot forward today.

Call the Brooklyn, Manhattan & New York City Fostering the Sale of Stolen Goods Lawyers at Saland Law at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now