Ridgefield Man Charged with Theft from American Legion Post 221

42-year-old man, Albert Gil, of Ridgefield, New Jersey, was arrested on October 24, 2012, and charged with stealing over $1,000 of funds from American Legion Post, 221. Gil was charged with theft and forgery.

Gil was a member of the post for approximately 10 years in total. Believe it or not, Gil was charged with stealing $2,175 from the post 4 months previously. Gil allegedly failed to make numerous bank deposits and credited his credit card with several unauthorized refunds.

Gil claims that the charges are completely unfounded, untrue, and that they are politcally motivated. Gil is currently a registered Republication, however, it has been reported that he was previously an Independent and a Democrat. He was also involved in several local elections.

No further details regarding the evidence amassed have been released, however; if Gil did indeed credit himself refunds to his credit card, such information should be easily obtainable. Also, if Gil failed to make several deposits, Post records may indicate same. Absent an eyewitness, documentary evidence is crucial in these types of cases.

In order for the State to convict Gil, they must prove all elements of the each Statute.
Pertinently, 2C:20-2, classifies Theft in the 3rd degree if the value of the items are worth more than $500, up to $75,000.The maximum penalty for a third degree crime (felony) is up to 5 years in prison.

According to 2C:21-1(a), Forgery, a person is guilty of forgery if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:

(1) Alters or changes any writing of another without his authorization;

(2) Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act or of a fictitious person, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or

(3) Utters any writing which he knows to be forged in a manner specified in paragraph (1) or (2).

If convicted, pursuant to 2C:20-2(b), forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments, certificates or licenses issued by the government, New Jersey Prescription Blanks as referred to in R.S.45:14-14, or part of an issue of stock, bonds or other instruments representing interest in or claims against any property or enterprise, personal identifying information or an access device. Forgery is a crime of the third degree if the writing is or purports to be a check. Forgery is a crime of the third degree if the writing is or purports to be 15 or more forged or altered retail sales receipts or universal product code labels. Otherwise forgery is a crime of the fourth degree.

As always, if you would like to discuss this blog further, contact me anytime at Matthew@jtlaw.org.

Matt