LARCENY BY CHECK: DISMISSED
LARCENY BY CHECK: DISMISSED

Clients owned and operated a sporting goods store and purchased merchandise from a vendor in the amount of $9,626.65. Clients wrote several checks to pay the balance. All checks were returned for insufficient funds and the balance was never paid. As a result, the clients were charged with Larceny by Check. Patrick J. Noonan (then a third-year law student) filed a Motion to Dismiss (which was denied) on venue grounds, as the events alleged to have occurred did not take place “in the vicinity” of Bristol County but in Plymouth County. See Commonwealth v. Adelson, 40 Mass. App. Ct. 585 (1996)(discussing factors in determining vicinity in larceny by check case). Patrick J. Noonan then drafted a Motion to Dismiss on the grounds that the criminal court was an improper venue to settle the dispute, as the alleged victim had an adequate remedy to recover the monies owed in a civil action and failed to do so. See Taylor v. Newton Div. of the District Court Dep’t, 416 Mass. 1006 (1993)(noting that the petitioner, who was not permitted to file applications for criminal complaint, “had a right to proceed in a civil action.”). In addition, Patrick J. Noonan argued in the Motion to Dismiss that it was an abuse of process for someone to use the criminal process to collect a civil debt. See Carroll v. Gillespie, 14 Mass. App. Ct. 12 (1982)(defendant sought to use the criminal process to collect a civil debt). Lastly, Patrick J. Noonan argued in the Motion to Dismiss that the Defendants’ did not have the intent to permanently deprive the alleged victim of the money, as they filed for bankruptcy shortly thereafter and were discharged from all debts.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and all criminal charges were dismissed against his clients.