The National Trial Lawyers
Avvo Rating 10.0
Avvo Clients' Choice
Avvo Rating Superb
Expertise Badge
Avvo Clients' Choice

Larceny by Extortion or Blackmail in the Small Business Setting

The Law Office of Matthew Galluzzo, PLLC Team

Let’s suppose that you are in a small business partnership with another person and you learn that your partner has been stealing from you. Would it be possible to threaten to take the matter to the police should he refuse to sell his share in the business to you at a discounted rate? The answer is probably not in New York.

Larceny is defined in Penal Law section 155.05(2)(e) to include “by extortion.” The definition reads as follows:

A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: (i) cause physical injury to some person in the future; or (ii) cause damage to property; or (iii) engage in other conduct constituting a crime; or (iv) accuse some person of a crime or cause criminal charges to be instituted against him . . .

There are several other methods on the list but you can see the point. Although it may seem somewhat counterintuitive, there is a possibility that if you make such a threat, you would be essentially blackmailing the person who stole from you — a truly unintended result. The proper way to handle the situation is to contact the police if you think that a crime has been committed, or try to work it out amicably with your business associate. However, in order to do that with a clear conscience, one would need to understand both how the complaint-making process works at most New York police stations and departments, but also how the legal structure of your business affects your rights and methods by which you may be able to recoup any stolen business proceeds.

If you find yourself on either side of this particularly common problem, you should consult with New York City criminal defense attorneys with experience in small business type disputes.

Client Reviews

I found myself in such a dark place thinking only God could understand and help me through this horrible situation. But Matthew Galluzzo did. And he did so in a very kind, compassionate and respectful manner. Enough said.


Matthew Galluzzo saved the day when the unthinkable happened. Every phone call was returned within minutes. All email correspondences were replied to expeditiously. Matt handled our case as if it was a member of his own family in the courtroom. Despite all the obstacles along the way, Matt's legal...


In less than an hour of assessing my case, Mr. Galluzzo had a clear direction and evoked a confident demeanor that was infectious. During the course of several court appearances he was always prepared, and took more than a personal interest when errors in court procedure occurred. Mr. Galluzzo...


We hired Matt when my son was arrested on several very serious felony charges. Matt is not only very knowledgeable about the law, he genuinely cares about his clients. He was patient and professional, inside the courtroom and out, in what turned out to be a very long process. He worked closely with...


Get in Touch

  1. 1 Over 20 Years of Experience
  2. 2 Available 24/7
  3. 3 We Fight for You!
Fill out the contact form or call us at (212) 344-5180 to schedule your consultation.

Leave Us a Message