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STATE v. RODGERS

230 N.J. Super. 593 (1989)

554 A.2d 866

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS A. RODGERS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1989.

Attorney(s) appearing for the Case

Steven Pasternak, argued the cause for defendant-appellant (Greenberg, Margolis, Ziegler, Schwartz, Dratch, Fishman, Franzblau & Falkin, attorneys; Martin L. Greenberg, of counsel; Steven Pasternak, on the brief).

Steven E. Lessick, Deputy Attorney General, argued the cause for plaintiff-respondent (Cary Edwards, Attorney General of New Jersey, attorney; Steven E. Lessick, of counsel and on the brief).

Before Judges J.H. COLEMAN, BAIME and D'ANNUNZIO.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The critical issue in this appeal is whether obtaining loans based on falsification of documents and misrepresentation as to the status of liens on real estate pledged as collateral constitutes theft by deception. We answer in the affirmative.

Defendant Thomas A. Rodgers, formerly a practicing attorney in the State of New Jersey, was indicted by a State Grand Jury. Under Indictment No. SGJ171...

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