Archives For attorney

Edmundo Roman-Perez, 71, Sunset Park, Brooklyn, an attorney has been sentenced today to 1 to 3 years in prison for stealing approximately $280,000 in down payments he received to hold in escrow from two clients he represented in the sale of their homes. The defendant pleaded guilty to second-degree grand larceny in December 2020.

According to the investigation, in late 2018, a couple hired the defendant to represent them in the sale of their two-family, Sunset Park, Brooklyn home. The home sold for $1,350,000 and the defendant received a $135,000 down payment from the buyers that he should have held in his attorney escrow account until the date of closing, when the funds should have been released to his clients. Instead, the defendant used the money for his own benefit. After closing in March 2019, the defendant issued checks to his clients purporting to cover the $135,000 owed, which bounced upon deposit. The defendant failed to disburse the funds he owed to his clients.

Similarly, between November 2018 and April 2019, the defendant represented three brothers in the sale of their two-family home in Dyker Heights, Brooklyn. The home sold for $1,500,000 and the defendant received a $150,000 down payment from the buyers that he should have held in his attorney escrow account until closing, when he should have released the money to his clients. Instead, the defendant again used the money for his own benefit, and issued the brothers checks purporting to cover the funds owed to each of them. The checks bounced and the defendant failed to distribute the funds he owed to the brothers.

Additionally, the defendant was under indictment in Richmond County related to allegations that he stole client funds. In November 2020, he pleaded guilty to one count of third-degree grand larceny and received a sentence of 1 to 3 years in prison. The Brooklyn and Staten Island sentences will run concurrently.

Brooklyn District Attorney Eric Gonzalez made the announcement.

District Attorney Gonzalez said, “Today’s sentence holds this defendant accountable for the serious breach of trust and financial hardship he caused his victims. Let this serve as a reminder that I am committed to protecting Brooklyn’s residents from attorneys and other unscrupulous fraudsters who abuse their positions of authority to take advantage of those they are entrusted to advise and represent.”

The case was investigated by Supervising Financial Investigator Deborah Wey of the District Attorney’s Investigations Division.

The case was prosecuted by Senior Assistant District Attorney Katherine Zdrojeski of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Chief of the Public Integrity Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

Antoni Moszczynski, 67, Madison, New Jersey, an attorney has been arraigned today on an indictment in which he is charged with grand larceny for allegedly stealing approximately $239,500 in funds he received, and was not entitled to, while representing a client in the sale of her deceased sister’s estate.

According to the investigation, in December 2019, the defendant, an attorney who is currently licensed to practice law in New York, represented the victim in the sale of her property at 584 Leonard Street, Brooklyn, New York. The victim, who was appointed executrix of her deceased sister’s estate, entered contract of sale for $2.395 million.

It is alleged that on December 2, 2019, the defendant received a wired down payment from the buyer into his escrow account in the amount of $239,500. Furthermore, it is alleged that, within a week, the defendant transferred $210,000 into his personal bank account with Wells Fargo, and within three months had withdrawn or spent the remainder of the down payment.

The victim retained a different attorney to represent the estate at the closing, which took place on June 30, 2020. The defendant was allegedly not present at the closing and has not answered calls from the victim or her attorney. To date, the defendant has not given the victim or the estate the down payment he allegedly stole.

Moszczynski was arraigned in front of Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree grand larceny. He was released without bail and ordered to return to court on June 29, 2021.

Brooklyn District Attorney Eric Gonzalez today made the announcement.

District Attorney Gonzalez said, “This defendant allegedly abused his power and betrayed his client to steal hundreds of thousands of dollars to which he was not entitled and has not returned despite the victim’s repeated attempts to contact him. We will now seek to hold him accountable for this flagrant and brazen theft.

If you believe that you or someone you know is the victim of fraud or theft perpetrated by the defendant, please call the District Attorney’s Action Center at (718) 250-2340.

This case is being prosecuted by Senior Assistant District Attorney Sara Walshe of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Chief of the Public Integrity Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

An indictment is an accusatory instrument and not proof of a defendant’s guilt

 

Thomas M. Murtha, 61, attorney, Newtown, Connecticut, and Birmingham, Michigan, was indicted by a grand jury and charged with four counts of wire fraud.  Murtha previously operated a law practice in Bridgeport, Connecticut.

As alleged in the indictment, between approximately November 2011 and April 2017, Murtha fraudulently obtained and converted hundreds of thousands of dollars from his victims, including clients of his law practice, family members and friends.  Murtha falsely represented to client-victims that he had safeguarded and disbursed the proceeds from legal representations when, in fact, he had used their money for his own benefit, including making payments to other victims.  In furtherance of the fraud, Murtha used false and forged documents, including at least one mortgage and a trust document.

It is alleged that Murtha used some of the stolen funds to purchase a $725,000 house in Michigan, a 2.11 carat diamond engagement ring, and other items.

If convicted, Murtha faces a maximum term of imprisonment of 20 years on each count of the indictment.

The indictment seeks the forfeiture of the Michigan house and the engagement ring, as well as a money judgment of at least $1,991,628.83, which constitutes proceeds of the alleged fraud scheme.

Murtha was arrested on a criminal complaint on April 5, 2017, and is released on a $10,000 bond.  His arraignment is not yet scheduled.

In September 2016, Murtha resigned from the bar after three grievance complaints were filed against him.

Deirdre M. Daly, United States Attorney for the District of Connecticut, announced the indictment and noted that the investigation is ongoing.  Anyone with information that may be helpful to the investigation, or those who believe they have been victimized by this alleged scheme, are encouraged to contact Detective Robert McKiernan at (203) 382-6660.

The matter is being investigated by the Federal Bureau of Investigation and the Greenwich Police Department.  This case is being prosecuted by Assistant U.S. Attorneys Jennifer Laraia and David Huang.

Bradford Barneys, 51, Odenton, Maryland, was sentenced by U.S. District Judge Michael P. Shea in Hartford to 30 months of imprisonment, followed by three years of supervised release, for conspiring with Timothy W. Burke in a long-running fraud scheme that targeted distressed homeowners throughout Connecticut. Barneys was an attorney licensed to practice in Connecticut and has an office in Bridgeport.

According to court documents and statements made in court, between approximately 2010 and November 2015, Timothy W. Burke, formerly of Easton, engaged in a scheme to defraud individuals, mortgage lenders and the U.S. Department of Housing and Urban Development (HUD) by falsely representing to homeowners who were in, or facing, foreclosure on their homes that he would purchase their homes and pay off their mortgages. The distressed homeowners agreed to sign various documents that Burke presented to them on the understanding that, by signing the documents, they would be able to walk away from their homes without the burdens of their mortgage or other costs associated with home ownership. Burke also told homeowners that the process of negotiating with the lenders can take time and that, in the meantime, to ignore any notices regarding foreclosure. After he gained control of these houses, Burke rented out the properties to tenants by advertising the properties on craigslist.com and other means and falsely representing to tenants that Burke owned the property.

Burke or one of his agents then collected rent from tenants, and Burke used the funds for his own benefit. He also failed to negotiate with the homeowners’ mortgage lender or pay expenses associated with the home, including the homeowner’s mortgages and property taxes, and he failed to pay any rental income he was collecting to the homeowners. Many of the properties Burke purportedly purchased were ultimately foreclosed upon by the mortgage lender.

Burke undertook extensive efforts to disguise his true identity, and hide his criminal past, from his victims through the use of multiple aliases and business entities, and to conceal the sources of and expenditures from his criminal proceeds.

Between approximately 2011 to at least 2014, Barneys participated in dozens of meetings with Burke and with homeowners at Barneys’ law offices in Bridgeport. At the meetings, Burke represented to homeowners that he would purchase their properties and presented to the homeowners quitclaim deeds, management agreements, indemnification agreements, and third party authorizations.

Barneys was paid more than $72,000 in fees and other monies for his participation in the fraud.

At some point after BARNEYS began representing Burke in these meetings with homeowners, BARNEYS knew that Burke had no intention of buying the properties and paying the outstanding mortgages on the properties. Nevertheless, BARNEYS continued to participate in these meetings and represented that these transactions were legitimate. When questioned by homeowners about the status of their sales, BARNEYS would assure them that their sales to Burke or one of his companies were progressing as Burke promised. BARNEYS also knew that, once Burke obtained the properties from the homeowners, he would rent them out to tenants.

BARNEYS also represented Burke and his companies in eviction proceedings against tenants.

The investigation further revealed that BARNEYS engaged in separate fraud scheme similar to the scheme that Burke engineered. BARNEYS assisted two Maryland residents in purchasing a commercial property located on Boston Avenue in Bridgeport. BARNEYS then acted as a purported landlord for the property, executed long-term lease agreements with at least two tenants, and collected tens of thousands of dollars of rent without the actual owners’ knowledge or authorization and kept the funds for his own use.

On February 21, 2017, BARNEYS pleaded guilty to one count of conspiracy to commit mail and wire a fraud.

BARNEYS’ law license was temporarily suspended by state authorities after he pleaded guilty, with additional proceedings scheduled to determine whether further discipline is warranted. Judge Shea ordered BARNEYS not to apply for reinstatement of his law license, and not to engage in any business related to real estate, while he is on supervised release.

On January 24, 2017, Burke pleaded guilty to one count of mail fraud and one count of tax evasion. On April 28, 2017, he was sentenced to 108 months of imprisonment.

Deirdre M. Daly, United States Attorney for the District of Connecticut, announced the sentence. The matter was investigated by the U.S. Department of Housing and Urban Development – Office of Inspector General, U.S. Postal Inspection Service, and Internal Revenue Service – Criminal Investigation Division, with the critical assistance of the Middletown, Plainville, Easton and Coventry Police Departments, the Connecticut State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The case was prosecuted by Assistant U.S. Attorneys David T. Huang and Sarah P. Karwan.

Ronald Rodis, 51, Irvine, California, a former attorney, pled guiltyto one count of conspiracy to commit mail and wire fraud for his role in a multi-million dollar fraudulent mortgage modification scheme.

Rodis admitted that he participated in a scheme with several co-conspirators – Bryan D’Antonio, Charles Wayne Farris and others – to induce homeowners to pay between $3,500 and $5,500 for the services of the Rodis Law Group (RLG). Between October 2008 and June 2009, Rodis and his co-conspirators made numerous misrepresentations regarding the RLG’s ability to negotiate loan modifications from the homeowners’ mortgage lenders.

Rodis recorded radio advertisements encouraging struggling homeowners to call RLG. In the ads, Rodis falsely claimed that RLG consisted of “a team of experienced attorneys” who were “highly skilled in negotiating lower interest rates and even lowering your principal balance.” In fact, RLG was a telemarketing operation that never had a team of experienced attorneys. During much of the scheme, Rodis was the only attorney at RLG.

This defendant posed as an accomplished attorney who could provide quality legal services – and hope – to struggling homeowners,” said United States Attorney Eileen M. Decker. “But the promises were bogus. Rodis Law Group made few efforts to assist homeowners, who paid thousands of dollars in last-ditch attempts to keep their homes, many of which entered foreclosure.”

When homeowners called RLG, telemarketers made misrepresentations to convince them to hire RLG. For example, telemarketers stated that RLG had been in business for 11 years, when in fact it had only opened in October 2008. They falsely stated that RLG routinely obtained positive results for homeowners, including lower monthly payments, reductions in principal balance and lower interest rates. In fact, positive results were rarely achieved for any RLG clients. Telemarketers also falsely reiterated that homeowners would have a team of attorneys and real estate professionals assigned to their case.

In a plea agreement filed in federal court, Rodis admitted that the RLG scheme fraudulently obtained approximately $6 million from more than 1,500 victims.

It is an unfortunate truth that people often take advantage of a crisis for personal gain,” said Assistant Director in Charge Deirdre Fike of the FBI’s Los Angeles Field Office. “The Rodis Law Group was among the worst type of scammers, trying to take advantage of homeowners already experiencing profound heartache in the face of potential foreclosure. The FBI will not tolerate this kind of criminal behavior. I truly hope that when the next financial crisis arises, members of the public take a moment to look into claims that sound too good to be true, even if those claims are made by attorneys, before would-be clients become victims.”

United States District Judge David O. Carter accepted the plea and is scheduled to sentence Rodis on February 27, 2017

At the height of the mortgage crisis, this defendant and his co-conspirators preyed on desperate homeowners with a series of lies and false promises,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to prosecute individuals who target vulnerable victims for profit.”

The two co-defendants in the case –D’Antonio and Farris – are each charged with conspiracy and nine counts of wire fraud. Each of these counts carries a statutory maximum penalty of 20 years in prison. In addition, D’Antonio is charged with 13 counts of criminal contempt for violating a 2001 federal court order which permanently banned D’Antonio from participating in future telemarketing operations. Criminal contempt of court has no statutory maximum penalty.

D’Antonio and Farris are scheduled to go on trial on September 20.

This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Joseph T. McNally and DOJ Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch.

 

Angela M. Blythe, attorney, 52, Oakland, Maryland, was sentenced to a year and a day in prison, followed by three years of supervised release, for conspiring to commit bank fraud, bank fraud and two counts of making a false statement to a bank.  Blythe was also ordered to forfeit $696,517 and pay restitution of $948,203.25. Blythe was convicted by a federal jury on October 9, 2015, after a nine day trial

Blythe was an attorney licensed to practice in Maryland and West Virginia, with an office in Oakland, Maryland.  She was a settlement attorney in real estate transactions.            Continue Reading…

Louis Marandola, 41, attorney, Providence, Rhode Island; Brian R. McCaffrey, 38, licensed loan originator, East Greenwich, Rhode Island; Raffaele M. Marziale, 41, former loan officer, Bristol, Rhode Island; Lauren Sienko, 33, loan processor, Rehoboth, Massachusetts; Gina M. Ronci Mohamed, 45, licensed real estate agent, Lincoln, Rhode Island; and Edwin Rodriguez, 35,  real estate investor, Pawtucket, Rhode Island, were charged in a 22-count federal grand jury indictment unsealed in U.S. District Court in Providence, Rhode Island with allegedly participating in a conspiracy to obtain money they were not entitled to from financial institutions and individuals through mortgage loans, residential property sales and fees. Continue Reading…

Dahianara Moran, 40, Methuen, Massachusetts, pleaded guilty to one count of conspiracy to commit bank fraud for to participating in a conspiracy to defraud banks and mortgage companies by engaging in sham “short” sales of residential properties in the Merrimack Valley of Massachusetts.

Moran conspired with others – including a Methuen loan officer and a Haverhill real estate agent who were not identified in the charging document – to defraud various banks via bogus short sales of homes in Haverhill, MassachusettsLawrence, Massachusetts, and Methuen, Massachusetts. Continue Reading…

Angela M. Blythe, attorney, 51, Oakland, Maryland, was convicted by a federal jury of conspiring to commit bank fraud, bank fraud and two counts of making a false statement to a bank.  Blythe was an attorney licensed to practice in Maryland and West Virginia, with an office in Oakland, Maryland.  She was a settlement attorney in real estate transactions.

According to evidence presented at the nine day trial, from 2000 to 2006, Blythe prepared deeds, mortgages and notes using false identities provided by her co-conspirator.  Blythe recorded those fraudulent documents in Garrett County, Maryland and Preston County, West Virginia, which concealed her co-conspirator’s ownership of the properties.  On at least seven occasions, Blythe also conducted property settlements in which her co-conspirator participated as buyer, seller and/or borrower using the false identities, which Blythe concealed from the lenders. Blythe failed to conduct the settlement transactions as described on the settlement statements and paid over the seller’s proceeds as her co-conspirator directed. Continue Reading…

Michael R. Anderson, 46, attorney, Framingham, Massachusetts, was sentenced to two years in prison, two years of supervised release, and ordered to pay $11,048,212 in restitution and forfeit $7,413,712 in connection with a multi-year, multi-property mortgage fraud scheme in Dorchester and Roxbury, Massachusetts.  In January 2011, Anderson pleaded guilty to sixteen counts of wire fraud, nine counts of bank fraud, and two counts of engaging in unlawful monetary transactions.   Continue Reading…