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Criminal Law Keyed to Osler
United States v. Ferranti
Citation:
928 F.Supp. 206 (E.D. N.Y. 1996)Facts
Defendant owned a women’s clothing store on the ground floor of a building in Queens. The upper floors were four residential apartments. Defendant decided to plan to set fire to his store because the business was not profitable and they were falling behind on rent. He paid to ensure his fire policy was in force.
The night of the fire, most of the merchandise was taken from the store and an old electric heater was put in the rear to start what would look like an accidental fire after the store had closed. The store was closed at the time but the heater was placed there by somebody with a key. When the fire department arrived 8 people had already evacuated, but a firefighter died trying to put out the flames. Two dozen other firefighters have minor injuries and residents were treated for smoke inhalation.
As evidence was collected, defendant lied to investigators at the insurance company and from the fire department. He lied about where he was, his financial difficulties, and asserting that the store was full of merchandise.
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Topic Resources
Topic Outline
Theories of Punishment