Commonwealth v. John Doe – Plymouth District Court

ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN LARCENY TRIAL WHERE THE DEFENDANT WAS ACCUSED OF DEFRAUDING AN INVESTOR OF $10,000 AND 10% OWNERSHIP IN HIS COMPANY.  

Defendant and a business partner owned a business and they each owned a 50% share of the business. It was alleged that there was a meeting with the Defendant, his business partner, and an employee where the employee offered to invest $10,000 in the business in exchange for a 10% ownership interest in the business and that Defendant would refund his $10,000 within one calendar year. It was alleged that the Defendant took the $10,000 for personal use and never put any of the money into the business. It was also alleged that the Defendant never paid back the $10,000 to the employee. Defendant was charged with the felony offense of Larceny over $1,200 by False Pretense pursuant to G.L. c. 266, §30. As a result of the charges, Defendant lost his job as a firefighter and EMT. At the trial, Attorney Patrick J. Noonan argued that there was no fraudulent inducement by the Defendant because it was the victim who offered to invest the money in the business. Attorney Noonan argued that this not a criminal case by any stretch of the imagination, and there was a civil dispute amongst business owners and an employee. Defendant’s 50/50 business partner testified against him at trial. Attorney Noonan argued that the business partner was equally liable because he was a 50/50 partner, owned 50% of the business, was part of this business deal, and approved the deal. The 50/50 partner had the authority to make good on any debts or liabilities of the business. Defendant did not enter into this transaction personally, but on behalf of the business. The defendant was found not guilty and the charge was sealed from his record.