Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
En Español
SERVING NEW YORK WITH INTEGRITY & COMMITMENT

Guard arrested for retrieving diamonds from trash bin

A rather unusual situation developed earlier this month that culminated in criminal charges being filed against a Midtown Manhattan security guard.

The guard was arrested for first degree possession of stolen property after retrieving almost $5 million in diamonds from a trash can after workers at a Fifth Avenue jewelry store inadvertently tossed them out last month during store renovations, according to the chief of detectives with the New York City Police Department. Bail was set at $100,000.

Video surveillance tapes indicate that the 48-year-old security guard removed three boxes of gems from the trash and carried them and into the bathroom in November.

On Dec. 10, the store owner learned the diamonds were gone and made a report to an NYPD detective. His complaint indicates that the diamonds were stored in an unlocked safe while the store's contents were moved between floors.

When questioned about the tapes of him retrieving something from the trash, the guard allegedly told the detective he knew about the missing diamonds after being informed by a store employee that they were missing on Dec. 10, according to the District Attorney. However, the guard had already sold the bulk of the diamonds to another jeweler in the same Manhattan building. The sales were made on three different dates

By that time, he had sold the majority of the gems to a jeweler on the sixth floor of the same building on three separate dates over an eight-day span. According to the detective, the guard admitted that he was still in possession of two small and a single large diamond and that he had commissioned two other diamonds be incorporated into a ring.

He then allegedly gave the detective the big diamond valued at more than $3 million, both of the smaller gems and $10,000 in cash. At a press conference, the chief of detectives stated that the guard "sold them to another dealer in the area for $68,000."

This case brings up some interesting legal points, such as at what point does retrieving a discarded item from the trash constitute theft? A criminal defense attorney could argue that his client could not be guilty of the crime because the items he retrieved had already been tossed out.

Source: DNAinfo.com, "Security Guard Who Took $5M In Diamonds From Trash Arrested," Maya Rajamani and Trevor Kapp, Dec. 16, 2015

No Comments

Leave a comment
Comment Information

What Our Clients Say

  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  2. We understand the pain, stress, inconvenience and financial turmoil that can result when you are suffering from a personal injury.

  3. Intellectual property law is complex — if you have an idea you should consult with an experienced attorney before making any decisions.

  4. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  5. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  6. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  7. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
Kew Gardens Law Office Map