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State of New Jersey v. Jonathan T. Zois

October 14, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JONATHAN T. ZOIS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 09-07-0487.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 3, 2011

Before Judges Grall and Skillman.

Defendant was indicted for theft, in violation of N.J.S.A. 2C:20-3(a). The theft consisted of defendant's embezzlement from his employer, Strauss Discount Auto, of $48,755 over a nine-month period.

Defendant applied for admission into the pretrial intervention program (PTI). The prosecutor rejected defendant's application, giving the following reasons for this decision:

. . . Between the dates of August 1, 2008 and April 30, 2009 defendant working in his capacity as an Assistant Manager at Strauss Discount Auto stole $48,755.00 from the business. Defendant took money from Strauss Discount Auto by manipulating the "Safefund System" which is the computer monitoring and accounting program linked to all the cash registers inside the business. Defendant manipulated the "Safefund System" to "back-pay" the safe when he cashed out his employees at the end of their shifts. Defendant was able to manipulate the "Safefund System" as he was familiar with specific password and user-level operational procedures. Defendant gave a post-Miranda statement admitting to the theft based on the facts that he had mounting debt and bills, and saw the "back-pay" ...


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