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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