In People v. Bassoff , Esther Bassoff -- a "business broker" -- pled guilty to first degree fraud and third degree grand larceny. She also agreed to pay $175,000 in restitution and serve five years probation.
Although ordered to pay $40,000 prior to sentencing, Bassoff failed to honor that directive and the Nassau County Supreme Court sentenced her to six months in jail and five years probation.
On appeal, the Appellate Division, Second Department, affirmed the outcome due to Bassoff's failure to honor a bargained-for-condition and her inability to show the failure to remit the payment was anything but willful.
Was that bad business judgment?
For a copy of the Appellate Division's decision, please use this link: People v. Bassoff