Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY V. EDMUND J. DAMIANO -- rank: 1000

... theft by failure to make required disposition of property received, N.J.S.A. 2C:20-9, and thirteen related counts of third-degree misapplication of entrusted ... an amount exceeding $75,000); a second-degree crime under N.J.S.A. 2C:20-9 (failure to make required disposition of collected sales taxes in ... by failure to make proper disposition of property received under N.J.S.A. 2C:20-9 and the other charging a third-degree misapplication of entrusted ... of all resulting fourteen charges, and the separate convictions under N.J.S.A. 2C:20-9 and 2C:21-15 involving the same transaction with the ... by failure to make proper disposition of property received under N.J.S.A. 2C:20-9 and a companion third-degree charge of misapplication of funds ... statutes defendant was convicted of violating. A THE CONVICTIONS UNDER N.J.S.A. 2C:20-9     We address first the jury charge respecting N.J. ...

docket:	a5116-96
court:	njappellate
decided:	1999-06-09
status:	published
citation:	322 N.J.Super. 22
Document Size:	72143

2 JARWICK DEVELOPMENTS, INC v. JOSEPH WILF -- rank: 829

... theft by failing to make the required disposition of property, N.J.S.A. 2C:20-9; misapplication of entrusted property, N.J.S.A. 2C:21 ...

docket:	a2053-13
court:	NJ Superior Court Appellate Division
decided:	2018-06-01
status:	unpublished
citation:
Document Size:	210674

3 STATE OF NEW JERSEY v. FRANK KNIGHT -- rank: 777

... theft by failure to make required disposition of property received, N.J.S.A. 2C:20-9. At sentencing, the judge imposed a five-year term of ... QUALIFIED PENSION PLAN AND ERISA. III. AN ESSENTIAL ELEMENT OF N.J.S.A. 2C:20-9 PROVIDES THAT THE PROPERTY NOT REMITTED DID NOT BELONG TO ... judge stated that she would give the model charge on N.J.S.A. 2C:20-9. She also explained that each side had provided her with ... own and fails to make the required payment or disposition. [ N.J.S.A. 2C:20-9.] In order to prove defendant guilty of this theft offense ... Theft by failure to make required disposition of property received ( N.J.S.A. 2C:20-9, and thirteen related counts of third-degree misapplication of entrusted ... when she failed to tailor the model jury charge for N.J.S.A. 2C:20-9 to the facts of this case. In response, the ...

docket:	a4606-06
court:	njappellate
decided:	2008-04-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	80989

4 STATE OF NEW JERSEY v. EMIL F. HANNA -- rank: 728

... 3 (count three); third-degree failure to make lawful disposition, N.J.S.A. 2C:20- 9 (count four); second-degree computer crime – access purpose defraud ...

docket:	a2098-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	42458

5 /usr/local/share/www/libweb/collections/courts/supreme/a4514-13.opn.html -- rank: 717

... commit second-degree failure to make proper disposition of property, N.J.S.A. 2C:20-9 and N.J.S.A. 2C:5-2, while acting ... one); second-degree theft by failure to make required disposition, N.J.S.A. 2C:20-9 (count two); second-degree conspiracy to commit theft, N.J ... conspiracy to commit theft by failure to make required disposition, N.J.S.A. 2C:20-9 and N.J.S.A. 2C:5-2 (count four ... theft by failure to make required disposition of property received. N.J.S.A. 2C:20-9. The statute provides in pertinent part: A person who purposely ... own and fails to make the required payment or disposition. [ N.J.S.A. 2C:20-9.] All that is required is proof that a defendant used ... own and failed to make the required payment or distribution. N.J.S.A. 2C:20-9. "The heart of the N.J.S.A. 2C: ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50001

6 STATE OF NEW JERSEY v. RICHARD PESSOLANO, -- rank: 700

... a failure to remit sales taxes could be prosecuted under N.J.S.A. 2C:20-9 and 2C:21-15 as well as specific provisions of ... quarterly, whereas the employer must pay its contributions directly. See N.J.S.A. 2C:20-9. Defendant also contends the corporation's contributions were neither "entrusted ... In re Hoerst , 135 N.J. 98 , 103-03 (1994), N.J.S.A. 2C:20-9 applies only to "specific and discrete" property that has been ... s general operating account. Hoerst refers to the elements of N.J.S.A. 2C:20-9:         [t]he offense . . . is committed when a person (1) purposely ... 1987), and have difficulty with the State's argument under N.J.S.A. 2C:20-9 in the absence of a jury finding that relates the ...

docket:	a4315-98
court:	njappellate
decided:	2001-08-06
status:	published
citation:	343 N.J. Super. 464
Document Size:	36018

7 STATE OF NEW JERSEY v. ROBERT SCHWARTZ -- rank: 697

... theft by failure to make required disposition of property received, N.J.S.A. 2C:20-9, but that crime was neither admitted nor charged. 2 It ...

docket:	a2191-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-09
status:	unpublished
citation:
Document Size:	27893

8 STATE OF NEW JERSEY v. GLEN CHIAPETTA -- rank: 673

... by failing to make a required disposition of property received, N.J.S.A. 2C:20-9. During the trial, defendant moved for a judgment of acquittal ... defendant guilty of theft by failing to make required disposition, N.J.S.A. 2C:20-9, of an amount that exceeds $500, but less than $75 ... presence of a risk that defendant will commit another offense, N.J.S.A. 2C:20-9 provides in relevant part: A person who purposely obtains or ... the defendant was charged with multiple theft-related offenses, including N.J.S.A. 2C:20-9, arising from his operation of an automobile dealership. 322 N ... make the required disposition of property received, as prohibited by N.J.S.A. 2C:20-9. Damiano , supra , 322 N.J. Super. at 32. Additionally, the N.J.S.A. 2C:20-9 charges in Damiano involved the defendant's acceptance of ...

docket:	a5008-04
court:	njappellate
decided:	2006-04-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48978

9 /usr/local/share/www/libweb/collections/courts/appellate/a3594-17.opn.html -- rank: 664

... degree theft by failure to make required disposition of property, N.J.S.A. 2C:20-9, belonging to, respectively, the Jared Sherengo trust, the estate of ... theft by failure to make the required disposition of property, N.J.S.A. 2C:20-9) 'barred' his convictions on counts eleven (second-degree theft by ...

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court:
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Document Size:	68336

10 STATE OF NEW JERSEY v. PAMELA NEAL -- rank: 664

... Theft by Failure to Make Required Disposition of Property Received, N.J.S.A. 2C: 20-9. Although defendant contends this dispute was settled, the criminal charges ... 283 , 285 (App. Div. 1985). To establish a violation of N.J.S.A. 2C:20-9, the State must prove that defendant dealt with the property ... Defendant argues that the factual basis for the violation of N.J.S.A. 2C:20-9 emanating from the Morris County charge was insufficient because she ... replies simply that the above testimony proves that defendant violated N.J.S.A. 2C:20-9. She deposited a check without getting permission from all four ...

docket:	a5996-04
court:	njappellate
decided:	2006-07-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	107993

11 IN THE MATTER OF J.H -- rank: 653

... and eighteen months for failure to make a lawful disposition, N.J.S.A. 2C:20-9. J.H. received varying jail credits on these sentences, with ...

docket:	a2982-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-05
status:	Unpublished
citation:
Document Size:	27325

12 STATE OF NEW JERSEY v. TERRY MURRAY -- rank: 651

... by failure to make the required disposition of property received, N.J.S.A. 2C:20-9. He was sentenced to an eighteen-month term of probation ... was validly enacted and amounted to a "legal obligation" under N.J.S.A. 2C:20-9. The policy was adopted by the principal of the high ... to instruct the jury as to an essential element of N.J.S.A. 2C:20-9, namely that he had to have the intent to permanently ... the Model Jury Charge as well as the language of N.J.S.A. 2C:20-9, neither of which references any requirement of an intent to ... own and failed to make the required payment or distribution. N.J.S.A. 2C:20-9 crime is the actor purposely obtaining or retaining property subject ... N.J. Super. 62 , 64-65 (App. Div. 1990) (Under N.J.S.A. 2C:20-9, "the initial taking [of the property] is authorized but ...

docket:	a2073-07
court:	superior court appellate division
decided:	2010-01-11
status:	Unpublished
citation:
Document Size:	95148

13 STATE OF NEW JERSEY v. JOHN GORMAN -- rank: 634

... the elements of theft by failure to make lawful disposition. N.J.S.A. 2C:20-9. In a theft by failure to make lawful disposition, 'the ...

docket:	a3481-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-19
status:	published
citation:	454 N.J.Super. 343 185 A.3d 902
Document Size:	52227

14 STATE OF NEW JERSEY v. STEVEN H. SALAMI -- rank: 634

... degree theft by failure to make required disposition of property, N.J.S.A. 2C:20-9, and two counts of first-degree financial facilitation of criminal ...

docket:	a2958-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-27
status:	Unpublished
citation:
Document Size:	31146

15 STATE OF NEW JERSEY v. DAN FLAHERTY -- rank: 631

... theft by failure to make required disposition of property received, N.J.S.A. 2C:20-9. 1 He appeals from the August 5, 2011 judgment of ... TO MAKE REQUIRED DISPOSITION OF PROPERTY RECEIVED, IN VIOLATION OF N.J.S.A. 2C:20-9. THEREFORE, THE TRIAL COURT ERRED IN DENYING FLAHERTY'S MOTION ... case. R. 3:18-1. After reciting the elements of N.J.S.A. 2C:20-9, and noting the State's obligation to demonstrate that Flaherty ... the State had, nevertheless, proven all of the elements of N.J.S.A. 2C:20-9 beyond a reasonable doubt. Among other things, the judge found ... own and fails to make the required payment or disposition. [ N.J.S.A. 2C:20-9.] Giving the State the benefit of all of the favorable ... own and failed to make the required payment or distribution. N.J.S.A. 2C:20-9; State v. Damiano , 322 N.J. Super. 22 , 41 ( ...

docket:	a1989-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-06
status:	Published
citation:
Document Size:	14403