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DiMaio v. Commonwealth

Virginia Supreme Court

636 S.E.2d 456 (2006)

Relevant factsFree

DiMaio (defendant) stole computer files, forms, and software from his employer, and at his bench trial for larceny (which required proof the stolen property exceeded $200 in value), the company's CFO testified the files were worth over $10,000 and in-house counsel testified replacing the software and recreating the forms would cost thousands more, testimony DiMaio never objected to; he was convicted, and the appellate court affirmed.

IssueFree

Whether any prosecution for larceny, other than petit larceny, requires proof of the stolen property's fair market value.

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