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Community Corner

White collar crime....pays?

White collar criminals often victimize those who place their trust in them. In rockland county, we even had little league treasurers loot funds that were meant to benefit children. However, the deterrence is lost if white collar criminals can avoid state prison let alone local jail time, when they pay back the funds they are caught stealing...let's call it a mere interest free loan. 
The little league treasurers were able to steal hundreds of thousands of dollars meant for kids over numerous years and avoid state prison time.  Why? Because they pay back the funds they were caught stealing. They did not voluntarily stop stealing. They were caught stealing. Who knows how much money was really stolen?
Enter Rockland county attorney, Joel Grossbarrth, who was arrested in November of 2011 for stealing over $1.2 million from more than 20 victims, some of which were elderly and needy clients. The LSD clients trusted Mr. Grossbarth who was also the attorney for the villiages of Airmont, New Hempstead, and Sloatsburg. MR. Grossbarth was also portrayed on Arnold Diaz Fox News "Shame on you" tv news segment. 
Mr. Grossbarth stole clients funds for over eight years and, like the Little league treasurers, did not stop until he was caught. In fact, Mr. Grossbarth continued to steal even while the Grievence Commitee, who oversees attorneys conduct, was investigating him. 
Despite being arrested in Nov 2011, MR. Grossbarth was not indicted until Dec 2012 because he promised to pay the money back. However, he has not paid back one penny since his arrest. The New York State Lawyer Security Fund for Clients paid Mr. Grossbarth's victims. 
SInce his indictment,Mr.Grossbarth has plead guilty, but once again is playing the delay game by promising to pay back money to the Lawyer Security Fund. Meanwhile, Mr.Grossbarth has been out on bail for two (2) years since his arrest.
Mr.Grossbarth's sentencing has been delayed three (3) times, with the last Court date scheduled for September 24, 2013.
What message does this send to white collar criminals? Breach your duty of trust and steal from unsuspecting victims systematically over a long period of time, but if you are caught and pay back some or all of the money, you avoid significant time in state prison.
Why not up the ante and demand a longer state prison sentence, and if you pay back all the money, you still get a reduced state prison sentence?
Contrast the prosecution, in July 2012, of a welfare mother from Spring Valley, who stole $5,000.00, went to trial and received six (6) months in Rockland County Jail.
The Little League treasurers were not sentenced to one (1) day in state prison for stealing hundreds of thousands of dollars. One Little League treasurer did not even serve a day in the local Rockland County Jail!
Now, Mr.Grossbarth, who stole over $1.2 million from unsuspecting clients, is promising to pay back the money. Will this $1.2 million dollar crime have any significant consequences? Does white collar crime pay?
Debra Ebner

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