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Elder Scam Arrests in Nassau County: What an Attempted Grand Larceny Charge Really Means

Hochhauser Criminal & DWI Defense, PLLC

Two arrests in four days have put “elder scams” back in the headlines on Long Island. According to the Nassau County Police Department, a 28-year-old Wyandanch man was arrested on September 18 in Muttontown and accused of trying to collect cash from a 79-year-old woman who had received a phone call from someone posing as a police officer, claiming her daughter had been arrested and needed bail money. Police say the woman realized it was a scam and contacted police, and detectives arrested the man as he allegedly arrived to pick up the payment, as Daily Voice reported on the Muttontown arrest.

Days later, on September 21, police say a 68-year-old Baldwin man received a computer pop-up warning that his device had been compromised. After calling the number on screen, he was allegedly told to withdraw money to “protect” it. He took out $20,000 but grew suspicious and called police. A 50-year-old Brooklyn man was arrested, according to the Nassau County Police Department’s arrest announcement for the Baldwin case.

Both men are charged with attempted grand larceny in the third degree, and both were arraigned at First District Court in Hempstead. They are presumed innocent unless and until proven guilty in court. Because these cases are becoming so common on Long Island, it is worth understanding what this charge means and how it moves through the Nassau County courts.

What Is Grand Larceny in the Third Degree?

Under New York law, a person commits larceny when, with intent to deprive another of property, they wrongfully take, obtain, or withhold it. That includes obtaining property through false statements or trickery. Under New York Penal Law § 155.35, larceny becomes grand larceny in the third degree when the value of the property exceeds $3,000. It is a class D felony. (Our overview of grand larceny charges in New York explains how the degrees change with the dollar amount.)

Why “Attempted”?

In both of these cases, police say no money actually changed hands. New York law still allows prosecutors to charge an attempt. A person is guilty of an attempt when, intending to commit a crime, they engage in conduct that “tends to effect” the crime, meaning they came dangerously close to completing it. Under Penal Law § 110.05, an attempt to commit a class D felony is graded one step lower, as a class E felony.

Even so, an attempted grand larceny charge is still a felony. A conviction can carry a sentence of up to four years in state prison, although depending on the facts and the person’s record, outcomes such as probation, a shorter local jail sentence, or a reduced plea may be possible. A felony conviction can also affect employment, professional licenses, and immigration status.

The Key Issue in “Courier” Cases: Intent

Many elder scam arrests on Long Island involve the person who shows up to collect the cash rather than the person who made the phone call. In those cases, the prosecution must prove beyond a reasonable doubt that the accused knew the money was being obtained by fraud and intended to take it. Simply being present at a pickup is not enough on its own.

In some cases, people report that they were recruited online or through apps for what they believed was a delivery or errand job. Whether the evidence shows real knowledge of the scheme often becomes the central question in the case. Phone records, text messages, payment history, and statements made to police can all matter. That is exactly why it is important not to try to “explain” your side to detectives before speaking with a lawyer.

How These Cases Move Through the Nassau County Courts

  • Arraignment: Felony complaints in Nassau County are typically arraigned at First District Court at 99 Main Street in Hempstead. The judge addresses the charges, securing orders (release or bail, where the law allows it), and, often, orders of protection. Learn more in our guide to what happens at a criminal arraignment in Nassau County.
  • Grand jury: To proceed on a felony, the District Attorney generally must obtain an indictment from a grand jury, unless the accused waives that right. Our article on grand jury indictments in Nassau County walks through this stage.
  • County Court: If an indictment is returned, the case moves to Nassau County Court in Mineola, where discovery, motions, plea negotiations, and, if necessary, trial take place.

Early defense involvement can make a real difference. In some cases, a lawyer can work to resolve a felony charge before indictment, pursue a reduction to a misdemeanor, or present facts that call the alleged intent into question.

Practical Takeaways

  • If you are contacted by police about a scam investigation, you have the right to remain silent and the right to an attorney. Politely say you want to speak with a lawyer before answering questions.
  • Do not consent to searches of your phone without legal advice. Your phone may contain evidence that helps or hurts your case, and a lawyer should evaluate it first.
  • Be wary of “easy money” pickup or delivery jobs offered online that involve collecting cash, gold, or packages from strangers. Innocent-seeming errands can lead to felony charges.
  • If you or a relative is targeted, hang up and call the family member directly or dial 911. Real police officers and courts do not collect bail through couriers, gift cards, or cryptocurrency.

Sources

  • Nassau County Police Department, “Arrest – Baldwin” (Sept. 22, 2026): https://www.pdcn.org/CivicAlerts.aspx?AID=15335
  • Daily Voice, Muttontown elder scam arrest (Sept. 19, 2026): https://dailyvoice.com/article/richard-rodriguez-charged-in-muttontown-elder-scam/
  • Long Island Life & Politics, “Wyandanch Man Arrested for Grand Larceny/Elder Scam”: https://lilifepolitics.com/news/crime/wyandanch-man-arrested-for-grand-larceny-elder-scam/
  • New York Penal Law § 155.35: https://www.nysenate.gov/legislation/laws/PEN/155.35
  • New York Penal Law § 110.05: https://www.nysenate.gov/legislation/laws/PEN/110.05

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