Conviction Reversed, Indictments Dismissed, 16-to-50 Year Sentence Vacated
Mr. Rafikian was charged with multiple counts arising out of allegations that he wrongfully kept money that individuals gave him to invest or make purchases. Following a jury trial, he was convicted of numerous counts and the court sentenced him to an aggregate term of 16 2/3 to 50 years in prison.
On appeal, Mr. Rafikian challenged the basis of his conviction for all counts. He contended the 7 grand larceny convictions were against the weight of the evidence. The prosecution did not dispute 6 of these counts, and the Appellate Division concluded that the 7th count was insufficient as well, since the funds at issue were given voluntarily and not taken without the owner’s consent. Mr. Rafikian further argued that the second-degree criminal impersonation counts were legally insufficient. The prosecution conceded and the Court agreed, as there was no evidence Mr. Rafikian impersonated a real person. The Court further concluded that the counts of scheme to defraud and practicing law without a license were duplicitous, because it was impossible to determine the particular acts upon which the jury reached its verdict with respect to each of the counts. Accordingly the Court reversed the conviction, vacated the sentences, and dismissed the indictments.
Sean H. Murray represented Mr. Rafikian