111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601
Tel: (914) 995-3586
Fax: (914) 995-2116
Oct. 01, 2013 -- Westchester County District Attorney Janet DiFiore announced that Justin Sutton DOB (08/12/87) of 497 Liberty Street, Newburgh, New York was arraigned today on a four count indictment charging him with:
- two counts of Identity Theft in the First Degree, class “D” Felonies,
- one count of Grand Larceny in the Third Degree, class “D” Felony,
- one count of Scheme to Defraud in the First Degree, a class “E” Felony.
Between Sept. 27, 2012 and Oct. 1, 2012, the defendant engaged in a scheme in which he repeatedly used the personal identifying information of two victims, including their business debit ATM cards, to make unauthorized ATM withdrawals and unauthorized purchase withdrawals from their business.
The defendant’s unlawful use and attempted use of stolen personal information occurred throughout Westchester County, including J.P. Morgan Chase Bank branches in the City of Peekskill and the Town of Yorktown; a Mahopac National Bank branch in the City of Yonkers; a “True Religion Brand Jeans” store in the City of White Plains; a Nieman Marcus store in the City of White Plains; “The Loop” store in the City of Yonkers; and a Wal-Mart store in the City of White Plains.
The total amount of the larceny is approximately $9,000.
His scheme first came to light when alert store employees at the Nieman Marcus store in White Plains realized the defendant was attempting to use a stolen identity to purchase store merchandise. Further investigation by the Westchester County Police Department, the Bedford Police Department, and the Westchester County District Attorney's Office ultimately uncovered the full extent of the defendant's scheme.
The defendant was arrested by the Westchester County Police.
Following his arrest, the defendant has made a number of statements in various local courts throughout Westchester County. Such statements have included the defendant claiming "common law jurisdiction," citing to the "law of contracts," and attempting to invoke a "right not to proceed with your courts."
For decades, across the United States, similar statements have been made by individuals attempting to use the false ideology of the so-called "Sovereign Citizen Movement" as a calculated strategy to advance their own self interests.
The "Sovereign Citizen Movement" is described as a loose collection of individuals who claim, among other things, that they are not subject to federal, state, and local laws. Such claims have been repeatedly rejected by federal and state courts throughout the country.
“As a government and society we take pride in and encourage people to pursue and follow whatever beliefs they choose. However, when individuals, such as this defendant, create an alternative reality for the purpose their own self interest, as in this case to scheme and defraud, they will be vigorously prosecuted,” said District Attorney Janet DiFiore.
The defendant was remanded.
The defendant’s next court date is Jan. 8, 2014 and he will be continuing to represent himself on a Pro se basis.
He faces a maximum sentence of seven years in state prison.
Assistant District Attorney Brian Fitzgerald of the Economic Crime Bureau is prosecuting the case.
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In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
