Kenneth Vercammen is past president of the Middlesex County NJ Municipal Court Prosecutor's Association. He served as the Cranbury Township Prosecutor. Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures to police departments as a volunteer on criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Deputy Chair of the ABA Criminal Law Committee,GP and will be a speaker at the 2012 ABA Annual Meeting attended by 10,000 attorneys and professionals. To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

visit Website www.njlaws.com

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500

October 22, 2011

STATE OF NEW JERSEY VS. JOSEPH DIORIO A-4981-07T4

STATE OF NEW JERSEY VS. JOSEPH DIORIO A-4981-07T4

We affirm defendant's convictions for his role in a planned bankruptcy, also known as a "bust-out" scheme. We find that the indictment was returned within the statute of limitations period because the theft by deception was not completed until the contractual period for repayment had ended, not when the goods were received. Additionally, we reject defendant's argument that an oral plea agreement existed. 10-20-11

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