August 25, 2011

• Steven Topazio wrote this April 27, 2014 at 12:29 pm

The client, a successful business owner and a licensed agent for Braz Transfers, a licensed foreign transmittal agency operating under Massachusetts General Laws chapter 169, was accused of stealing in excess of $47,000.00 when it was discovered that a money bag the client delivered to Braz Transfers contained only $1,300.00 instead of the $47,000.00 due, hired Boston Criminal Defense Attorney Steven J. Topazio to represent him. The client was accused of purportedly receiving in excess of $47,000.00 from various consumers at his business, notifying Braz Transfers of the receipt of said funds and further requesting that Braz Transfers transmit $47,000.00 to foreign customers. When Braz Transfers came to pick up the $47,000.00, it alleged that the client stole the $47,000.00 when he fraudulently remitted only $1,300.00 to Braz Transfers in a money bag containing only one dollar bills. The client, a noncitizen legal resident, was also exposed to the jeopardy of deportation, denial of naturalization or exclusion from admission to the United States for a conviction of a crime such as this one. Under federal law Larceny over $250 is considered a crime of moral turpitude which would subject a legal resident to adverse immigration consequences. Attorney Topazio met with his client and interviewed his employees to evaluate his business’s internal security procedures and to determine if same were followed. Attorney Topazio investigated the business practices and procedures of Braz Transfers and reviewed its money transfer procedures so as to understand where the alleged loss may have occurred. In preparation for hearing, Attorney Topazio lined up a series of witnesses involved with the chain of custody of the money and established that his client, as well as several other employees had access to the monies and that sufficient evidence existed to convince the Magistrate that a three hour window of time existed where Braz Transfers had exclusive access to the money and could be the reason for the loss. Attorney Topazio argued that a crime had not been committed and as a result, was successful in convincing the investigating Boston Police Detectives as well as the Clerk Magistrate that the missing monies amounted to no more than a civil matter that should be pursued in civil court by the complainant instead of criminal court.