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FOR IMMEDIATE RELEASE

Thursday, March 2, 2023

Man Sentenced to 20 Years in Prison for Rape of Woman Near Prospect Park

Defendant Grabbed the Victim as She Walked Home,
Sexually Assaulted Her Multiple Times

Brooklyn District Attorney Eric Gonzalez today announced that a 32-year-old man has been sentenced to 20 years in prison for sexually assaulting a woman in the early morning hours of November 18, 2018, after approaching her from behind and putting her in a chokehold. The defendant was convicted on December 15, 2022 following a jury trial.

District Attorney Gonzalez said, “Keeping our streets safe from violent sexual predators is a top priority and I am committed to seeking justice for victims of sexual assault. This was a vicious, life-altering attack that profoundly affected the victim and her family. It took great courage for her to testify at trial and ensure that this defendant would be held accountable for his actions.”

The District Attorney identified the defendant as Mowngly Lucas, 32, who was living in a Queens homeless shelter at the time of his arrest. He was sentenced today to 20 years in prison and 15 years’ post-release supervision by Brooklyn Supreme Court Justice Heidi Cesare. He must also register as a sex offender upon his release from prison. The defendant was convicted of first-degree rape, third-degree burglary as a sexually motivated felony, third-degree robbery, second-degree unlawful imprisonment, and fourth-degree criminal mischief following a jury trial.

The District Attorney said that, according to the investigation, on November 18, 2018, at approximately 5 a.m., the victim, who was 59 years old at the time of the attack, was walking on Parkside Avenue at Parade Place when she was grabbed from behind by the defendant, who put her in a chokehold and told her he had a gun and a knife.

The defendant then dragged the woman to a bench across the street from Prospect Park and told the victim to pull down her pants and lie on the ground and then he raped her. Furthermore, the defendant then dragged her over to a white commercial van parked on Parkside Avenue and raped her again.

Finally, the defendant put his arm around the victim’s neck, causing her to have difficulty breathing. He then broke a window on the van and demanded that the victim get into the van. He then entered the van, sexually abused the victim and raped her a third time. He then stole money from her purse and fled.

The defendant was arrested by New York City Police Department detectives assigned to the Brooklyn Special Victims Squad on November 28, 2018, following an investigation.

The District Attorney thanked Paralegal Supervisor Melissa Palmaccio of the Special Victims Bureau and Lawrence Washington, of the DA’s Multimedia Services Unit, for their assistance on the case.

The case was prosecuted by Assistant District Attorney Linda Weinman, Counsel to the District Attorney’s Special Victims Bureau and Senior Assistant District Attorney Sapna Kishnani, also of the Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE

Wednesday, March 1, 2023

Disbarred Lawyer Sentenced to 1 to 3 Years in Prison for
Embezzling Approximately $575,000 from Brooklyn Clients

Defendant Also Stole Approximately $96,000 in COVID-19 Relief Funds

Brooklyn District Attorney Eric Gonzalez today announced that a former attorney from New Jersey has been sentenced to one to three years in prison for stealing approximately $575,000 in settlement funds from two dozen of his clients in Brooklyn as well as approximately $96,000 in COVID-19 relief funds. The defendant, who has since been disbarred, pleaded guilty to second- and third-degree grand larceny in December 2022.

District Attorney Gonzalez said, “This defendant repeatedly violated his oath as an attorney and betrayed the trust of his clients by pocketing hundreds of thousands of dollars in settlement money and COVID-19 relief funds to which he was not entitled. Criminal conduct in the legal profession is unacceptable, and today’s sentence sends a strong message that it will be prosecuted vigorously by my Office. I would like to thank the Lawyers’ Fund for reimbursing the victims in this case and for the work it does to restore trust.”

Michael J. Knight, Executive Director of the Lawyers’ Fund for Client Protection said: “The theft of law client money is not only a crime, but a profound violation of the trust placed in lawyers. On behalf of the over 351,000 members of New York’s legal profession, the Lawyers’ Fund strives to restore that trust by reimbursing the financial harm caused by the statistically few in our profession who cause such losses. The New York Lawyers’ Fund is tremendously grateful to the Kings County District Attorney’s office for its invaluable assistance to our Fund in making meaningful restitution to the victimized law clients of Mr. Herbert.”

The District Attorney identified the defendant as Raleigh Douglas Herbert, 61, of Chatham, New Jersey. He was sentenced today before Brooklyn Supreme Court Justice Danny Chun to one to three years in prison. The defendant pleaded guilty to second- and third-degree grand larceny as well as first-degree scheme to defraud on December 16, 2022.

The District Attorney said that, according to the evidence, from 2015 to 2021, the defendant, who handled wrongful arrests and personal injury cases against New York City, embezzled approximately $493,000 from 16 of his clients in Brooklyn by depositing checks received from negotiated settlements into his attorney escrow account.

To conceal these thefts, the defendant lied to his clients about why they did not receive the money, which included blaming COVID-19 related court closures or claiming that the victims had liens that prevented him from paying them when no such liens existed. The defendant spent much of the embezzled funds on various personal expenses and unrelated debts.

Furthermore, according to the evidence, the defendant stole approximately $96,000 by filing fraudulent loan applications through the COVID-19 Paycheck Protection Program (PPP) run by the U.S. Small Business Administration.

The defendant was arrested on February 1, 2022, and again on May 2, 2022, under two separate indictments which were then combined. The defendant was arrested for a third time, on December 7, 2022, on a felony complaint charging him with stealing approximately $77,000 from eight additional clients who came forward following his second arrest.

The defendant was suspended from practicing law in New York State in March 2021, but continued to represent a client in a wrongful death lawsuit against the New York City Police Department. The defendant did not tell the client – who was set to receive a $750,000 settlement – he had been suspended.

The defendant was disbarred in June 2022.

To date, the Lawyers’ Fund for Client Protection of the State of New York has reimbursed a total of approximately $470,000 to 16 of the defendant’s victims.

The case was prosecuted by Senior Assistant District Attorney Jake A. Nasar of the District Attorney’s Organized Crime and Racketeering Bureau and Assistant District Attorney Adam Libove, Deputy Chief 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 Christopher Blank, Chief of the Organized Crime and Racketeering Bureau, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE

Monday, February 27, 2023

 

Veteran Court Employee Indicted for Stealing over $69,000 

 Defendant Worked as Supervising Cashier in the Kings County Clerk’s Office

Brooklyn District Attorney Eric Gonzalez, together with New York State Unified Court System Inspector General Sherrill Spatz, today announced that a Staten Island woman has been arraigned on an indictment in which she is charged with grand larceny, tampering with public records, falsifying business records, offering a false instrument for filing, and official misconduct for allegedly stealing more than $69,000 by voiding cash transactions involving court filings and pocketing the money.

District Attorney Gonzalez said, “This defendant’s alleged theft is a betrayal of the trust of her employer and the public. We will now seek to recover the funds allegedly stolen from the court and hold this defendant accountable.”

Inspector General Spatz said, “We appreciate the hard work of the Office of Court Administration auditors and the support and efforts of the Brooklyn District Attorney’s Office to further investigate and prosecute this case.”

The District Attorney identified the defendant as Lori Argiro-DiPietro, 55, of Staten Island, New York. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 47-count indictment in which she is charged with second-degree grand larceny, first-degree tampering with public records, first-degree falsifying business records, first-degree offering a false instrument for filing, and official misconduct. She was released without bail and ordered to return to court on April 26, 2023.

It is alleged that between January 1, 2020 and August 9, 2022, the defendant allegedly voided at least 436 cash transactions totaling $69,515.50 according to the investigation.

It is further alleged that the defendant stole the $69,515.50 by voiding cash transactions involving persons who paid to file or obtain documents from the Court, such as divorce or business certificate filings. Although the defendant filed the documents or provided copies to the persons seeking them, she allegedly voided the transactions in the records of the New York State Unified Court System and kept the funds.

Argiro-DiPietro worked for the Unified Court System for 37 years before she was terminated on August 10, 2022. The investigation began following a routine audit by the NYS Unified Court System’s Internal Audit Services office of the financial records and internal controls of the Kings County Clerk’s Office, specifically relating to cash receipts and disbursements of KCCO’s Cashier’s Office.

The case was referred to the District Attorney’s office by the Unified Court System’s Inspector General’s Office.

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

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

 

FOR IMMEDIATE RELEASE

Wednesday, February 22, 2023

 

Coney Island Teenagers Indicted for Beating and Stabbing Death of

17-Year-Old Boy in After School Gang Assault

 Thirteen-Year-Old Charged with Murder for Allegedly Stabbing Victim to Death; Co-Defendants Charged with Manslaughter for Allegedly Kicking and Punching Victim

            Brooklyn District Attorney Eric Gonzalez today announced that three teenagers have been arraigned on an indictment in which they are variously charged with murder, manslaughter and gang assault for allegedly fatally attacking a 17-year-old boy in Coney Island in an after-school assault stemming from a dispute over a girl.

            District Attorney Gonzalez said, “Nyheem Wright had his whole life ahead of him when he was brutally and senselessly murdered, and my heart goes out to his family, friends and all those impacted by this horrific crime. That this terrible attack was allegedly committed by young teenagers is shocking and heartbreaking, but we will not tolerate this kind of violence in Brooklyn, and my office will vigorously seek justice on Nyheem’s behalf.”

            The District Attorney said the defendants are 13- ,14- and 16-year-old boys, all of Coney Island, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Craig Walker on an indictment in which they are variously charged with second-degree murder, first-degree manslaughter and first- and second-degree gang assault. The 13- year-old defendant is being held without bail, the 14-year-old’s bail is set at $50,000 cash or $75,000 bond and the 16-year-old’s bail is set at $75,000 cash or $100,000 bond. The defendants were ordered to return to court on April 12, 2023. The 13-year-old faces a maximum sentence of nine years to life in prison if convicted of the top count with which he is charged. The two other defendants face up to 10 years in prison if convicted of the top count with which they are charged.

            The District Attorney said that, according to the investigation, on January 20, 2023, at approximately 3:15 p.m., the victim, Nyheem Wright, 17, was in front of a strip mall located at 3001 Mermaid Avenue with his twin brother when he was allegedly surrounded by the defendants and a fight ensued. The two older defendants allegedly kicked and punched Nyheem about the head and body and the youngest defendant then allegedly charged at the victim and stabbed him in the torso.

            The defendants fled the scene and turned themselves into police two days later.

            Nyheem Wright died of a stab wound to the torso, according to the Office of the New York City Chief Medical Examiner.

            The case is being prosecuted by Senior Assistant District Attorney Jhounelle Cunningham, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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

 

FOR IMMEDIATE RELEASE

Wednesday, February 15, 2023

 

Brooklyn Man Sentenced to 10 Years in Prison for Unprovoked Anti-Gay Attack After Pleading Guilty to Attempted Murder as a Hate Crime

Victims Were Shopping in Bodega when Defendant and Alleged Accomplice Shouted Homophobic Slurs, Violently Attacked and Stabbed Each of the Two Victims

Brooklyn District Attorney Eric Gonzalez today announced that a Bedford-Stuyvesant man who pleaded guilty to attempted murder as a hate crime in connection with an anti-gay attack against two men at a Bushwick bodega was sentenced to 10 years in prison. Both victims were assaulted and stabbed and suffered numerous injuries, including collapsed lungs.

District Attorney Gonzalez said, “This vicious attack on two innocent victims was an intolerable act of anti-gay violence, and today’s sentence sends a strong message that we will vigorously prosecute anyone who commits a hate crime. Nobody should fear that they’ll be attacked because of their sexual orientation or gender identity, and we are committed to vigilantly protecting the rights of Brooklyn’s LGBTQ community.”

The District Attorney identified the defendant as Christopher Clemente, 38, of Bedford-Stuyvesant, Brooklyn. He was sentenced today to 10 years in prison and five years’ post-release supervision by Brooklyn Supreme Court Justice Danny Chun, who also issued a full order of protection for the victims. The defendant pleaded guilty to second-degree attempted murder as a hate crime on January 25, 2023.

The case against Clemente’s co-defendant, Jonathan Carter, 33, of Ocean Hill, Brooklyn remains pending.

The District Attorney said that, according to the investigation, at approximately 2:10 a.m., on September 4, 2021, inside of a bodega located at 1559 Broadway in Bushwick, the victims, a 36-year-old man and a 29-year-old man, were waiting for food when the defendants allegedly made a series of homophobic slurs directed at the victims.

Clemente then repeatedly punched the 36-year-old man in the face and Carter then allegedly repeatedly struck him about the head and body with a glass liquor bottle, causing him to fall to the floor. Furthermore, Clemente then repeatedly stabbed the 36-year-old in the head and body.

Finally, Clemente and an unapprehended man chased after the 29-year-old victim, grabbing him, and Clemente punched him about the face and body while also stabbing him and continuing to make homophobic slurs.

The older victim suffered multiple stab wounds to his body, including his head, buttocks and lung, causing a collapsed left lung.

The younger victim suffered multiple stab wounds to his body, including neck and lungs, causing both lungs to collapse and was hospitalized for 13 days.

The case was prosecuted by Senior Assistant District Attorney Samantha Perlstein, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Kelli M. Muse, Bureau Chief.

 

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FOR IMMEDIATE RELEASE

Wednesday, February 1, 2023

Man Indicted for Sex Trafficking of Teenage Girl

Defendant Allegedly Paid for Teen to Travel to New York

From Kansas City to Engage in Prostitution

Brooklyn District Attorney Eric Gonzalez today announced that a man has been arraigned on an indictment in which he is charged with sex trafficking of a child and other charges for allegedly luring a 16-year-old girl from Kansas City, Missouri to come to New York and engage in prostitution.

District Attorney Gonzalez said, “This defendant allegedly exploited a vulnerable teenager to engage in prostitution over several days before she called her mother seeking help. We are grateful for the police who brought her to safety, and deeply committed to seeking justice for this victim and all those impacted by this abhorrent crime.”

The District Attorney identified the defendant as Diamond Stewart, 28, of Los Angeles, California.  He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with sex trafficking of a child, attempted sex trafficking of a child, second-, third- and fourth-degree promoting prostitution, third-degree rape, third-degree criminal sexual act, sexual misconduct and endangering the welfare of a child. The defendant was ordered held on bail of $250,000 cash or $1 million bond and to return to court on March 22, 2023. He faces up to 25 years in prison and would be required to register as a sex offender if convicted of the top count.

The District Attorney said that, according to the investigation, the defendant messaged the 16-year-old victim, who was living in Kansas City, on Instagram, and they messaged back and forth for a period of time. The defendant then allegedly offered to pay for the defendant to fly to New York and told her she would be engaging in prostitution in exchange for money.

The victim arrived in New York City on December 22, 2022, and the defendant allegedly called an Uber for her that took her to the Thatford Hotel in Brownsville, according to the investigation. The victim then checked into a room that the defendant had allegedly paid for in advance of her arrival. The defendant then allegedly went to the hotel and met with the victim, telling her she would be walking the “track” in East New York and telling her what prices to charge for various sexual acts.

The defendant allegedly drove around the track and took the money the victim earned while engaging in prostitution on the track, in freezing temperatures, including 9-degree temperatures over the holiday weekend. The victim called her mother on December 25, 2022 and told her mother what was happening and asked for help. Her mother was able to get in contact with the 75^th Precinct and police officers from the precinct found the victim at the track and she was taken to the police station and then to the hospital.

It is alleged that in addition to the teen victim, the defendant was also promoting prostitution of a 21-year-old woman from California.

The case was investigated by New York City Police Department Detective Antonio Pagan of the joint NYPD/FBI Child Exploitation and Human Trafficking Task Force, under the supervision of Lieutenant Joseph Picarello and Captain Thomas Milano.

The District Attorney thanked Special Agents assigned to the Los Angeles field office on the FBI Child Exploitation & Human Trafficking Task Force for their assistance in the investigation.

Senior Intelligence Analyst Kayleigh Homer of the District Attorney’s Digital Evidence Lab Intelligence Unit assisted in the investigation.

The case is being prosecuted by Assistant District Attorney Alexandra Iorio, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney David Weiss, Deputy Unit Chief, and the overall supervision of Assistant District Attorney Miss Gregory, Chief of the District Attorney’s Special Victims Bureau.

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

 

FOR IMMEDIATE RELEASE

Monday, January 30, 2023

Brooklyn Woman Indicted for Murdering Her Father
With Hammer and Knife, and Stabbing Her Sister

Defendant Initially Claimed It Was a Home Invasion

Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old Brooklyn woman has been arraigned on an indictment charging her with murdering her father with a hammer and a knife, and with seriously wounding her sister with a knife when she tried to intervene.

District Attorney Gonzalez said, “This defendant is charged with brutally killing her own father and then stabbing her younger sister, allegedly following an argument over a laptop. My office will vigorously prosecute this horrific case and seek justice for the victims.”

The District Attorney identified the defendant as Nikki Secondino, 22, of Bensonhurst, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Elizabeth Warin on an indictment in which she is charged with second-degree murder, second-degree attempted murder, first-degree assault, and fourth-degree criminal possession of a weapon. She was ordered held without bail and to return to court on April 5, 2023. The defendant faces a maximum sentence of 50 years to life in prison if convicted.

The District Attorney said that, according to the investigation, prior to the incident the defendant and her father had a verbal argument over a laptop. On December 29, 2022, at about 5:20 a.m., the defendant allegedly attacked Carlo Secondino, 61, who was sleeping on the couch. She struck him with a hammer multiple times and proceeded to stab him with a kitchen knife, according to the evidence. He died at the scene.

The defendant’s 19-year-old sister heard a commotion in the living room, tried to intervene and was allegedly stabbed by the defendant multiple times about her body, hands and face, requiring surgery. The defendant then ran out of the house and told responding officers that two people broke into her home, killed her sister and father, and sexually assaulted her. Family members called the NYPD and questioned that account. Investigators subsequently determined that that version of events was false.

The investigation further revealed that the defendant and her father had a history of domestic incident reports. It also found that the father had expressed fear of the defendant in the past.

The case is being prosecuted by Senior Assistant District Attorney Farin Chasin-Fodeman, of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Kori Medow, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE

Wednesday, January 25, 2023

 

Prospect Lefferts Gardens Man Indicted for Illegal Possession of Ghost Guns

Four Fully Assembled Handguns Recovered from Defendant’s Apartment; Investigators Also Allegedly Find Tools and Parts to Assemble Additional Weapons and Ammo

Brooklyn District Attorney Eric Gonzalez today announced the indictment of a Prospect Lefferts Gardens man who allegedly purchased dozens of gun parts on eBay capable of being built into illegal, untraceable firearms known as ghost guns. Four fully assembled handguns were allegedly recovered from his apartment, as well as 9mm rounds of ammunition, and various tools and polymer parts to assemble additional weapons and ammunition.

District Attorney Gonzalez said, “This defendant allegedly assembled four handguns and acquired the parts and tools to make more, illustrating the ease with which someone can obtain and make these lethal and untraceable weapons, and the increasing threat they pose to public safety. Eradicating deadly ghost guns from Brooklyn is a priority for my office, and we are committed to holding accountable anyone who traffics, makes, or possesses them.”

The District Attorney identified the defendant as Dexter Nurse, 49, of Prospect Lefferts Gardens, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-, third-, and fourth-degree criminal possession of a weapon, criminal possession of a firearm, prohibition on unfinished frames or receivers and unlawful possession of pistol ammunition. Bail was continued at $250,000 bond. The defendant was ordered to return to court on April 11, 2023.

The District Attorney said that, following an investigation, from January 2022 to October 2022, the defendant was identified as having made 56 firearm related purchases on eBay for ghost gun parts that were allegedly shipped to the defendant’s address on Lefferts Avenue in Prospect Lefferts Gardens. A search warrant was executed at the defendant’s apartment on November 29, 2022, and numerous items were allegedly recovered, including four fully assembled handguns. Investigators also allegedly found 9mm rounds of ammunition, and various tools and polymer parts to assemble additional weapons, as well as a machine press to manufacture ammunition.

The investigation was conducted by the Brooklyn District Attorney’s Ghost Gun Unit

The case is being prosecuted by Senior Assistant District Attorney Michael O’Rourke, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Kathryn Spota, VCE Deputy Bureau Chief and Assistant District Attorney Jennifer Cilia, VCE First Deputy Bureau Chief, under the overall supervision of Assistant District Attorney Alfred DeIngeniis, VCE Bureau Chief.

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

 

FOR IMMEDIATE RELEASE

Tuesday, January 24, 2023

 

Staten Island Man Sentenced to 2 to 6 Years in Prison for Driving Drunk and Causing Crash on Gowanus Expressway That Killed Passenger

Defendant Pleaded Guilty to Manslaughter in December

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island man has been sentenced to 2 to 6 years in prison following his guilty plea to second-degree manslaughter for causing a collision with a tractor-trailer while driving drunk on the Gowanus Expressway. The defendant’s front seat passenger was killed in the crash.

District Attorney Gonzalez said, “This defendant’s reckless decision to get behind the wheel after drinking alcohol cost an innocent woman her life and endangered many others. He has now been held accountable for his criminal conduct. I remain committed to keeping Brooklyn’s streets safe for all people.”

The District Attorney identified the defendant as Mark Dookhan, 32, of Staten Island, New York. He was sentenced today by Brooklyn Supreme Court Justice Jane Tully to 2 to 6 years in prison. The defendant pleaded guilty to second-degree manslaughter on December 13, 2022.

The District Attorney said that, according to the investigation, on March 10, 2021, at approximately 11:20 p.m., the defendant was driving a 2013 BMW 535i west bound on the Gowanus Expressway when he crashed into the rear of a tractor trailer stopped in traffic near the Verrazano Bridge. The defendant’s front seat passenger, Karen Diaz, 30, was killed in the crash.

Furthermore, according to the investigation, the defendant was driving at approximately 75 miles per hour and applied the brakes only a half-second before the crash. The defendant was arrested at approximately 1:15 a.m. on March 11, 2021 and had a blood alcohol level of .12—above the legal limit of .08— when he was treated for minor injuries at NYU Langone Hospital-Brooklyn.

The case was prosecuted by Senior Assistant District Attorney Edward Kerins, of the District Attorney’s Violent Criminal Enterprises Bureau (formerly of the Blue Zone Trial Bureau), under the supervision of Assistant District Attorney Kin Ng, Blue Zone Bureau Chief.

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FOR IMMEDIATE RELEASE

Wednesday, January 18, 2023

Former Brooklyn Attorney Indicted for Real Estate Fraud in Connection With Four Properties Valued at Nearly $2.3 Million

Scheme Targeted Homes in Foreclosure in East Flatbush, Canarsie, East New York And Ocean Hill; Defendant Allegedly Collected $63,995 in Rent

Brooklyn District Attorney Eric Gonzalez today announced that a disbarred Brooklyn attorney has been arraigned on an indictment in which he is charged with stealing the deeds to four properties, three of which were in foreclosure, for a total of approximately $2.3 million by defrauding homeowners, most of whom believed he was negotiating a short sale on their behalf.

District Attorney Gonzalez said, “This defendant allegedly defrauded distressed homeowners when he stole the titles to their homes while pretending to help them, and we are committed to holding him accountable. Because people want to live in Brooklyn, scammers continue to target homeowners, and I encourage every property owner to take steps to protect themselves.”

The District Attorney identified the defendants as Sanford Solny, 65, of Midwood, Brooklyn, Albany Ave Realty Inc., East 100 St Realty Inc., Pleasant Pl. Realty Inc., and Bear Realty & Management Corp. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an 8-count indictment in which they are variously charged with first-degree and second-degree criminal possession of stolen property, first-degree scheme to defraud, and second-degree grand larceny. Solny was released without bail and ordered to return to court on March 22, 2023.

The District Attorney said that, according to the investigation, between October 2012 and December 2022, the defendant, an attorney whose license to practice law was suspended in April 2012 and who was disbarred on January 5, 2023, allegedly engaged in a real estate fraud scheme to steal deeds, possess those properties, and economically benefit from four residential properties in Brooklyn, targeting victims who owned properties that were in foreclosure.

It is alleged that various individuals, including unlicensed brokers, contacted the victims and referred them to the defendant to negotiate a short sale, i.e., selling the property to someone else under terms communicated to and approved by a lender. In exchange, the lender would then drop the foreclosure action and forgive the loan amount owed.

The defendant allegedly met most of the victims at his office in Borough Park where he either falsely told them that they were required to sign their deeds over to him for the defendant to begin a short sale negotiation on their behalf or had the victims sign documents that the defendant claimed were part of the short sale process but, unbeknownst to them, actually relinquished ownership of their property to the defendant.

The indictment charges the defendant with crimes involving the following one- and multi- family homes with a total current value of approximately $2.295 million:

• 1247 Albany Avenue in East Flatbush
• 1429 East 100^th Street in Canarsie
• 1100 Sutter Avenue in East New York
• 10 Pleasant Place in Ocean Hill

In most cases, the defendant allegedly paid the owner’s fee, ranging from $350 to $10,000, for transferring the property to him or to various corporations he controlled. In some cases, the defendant allegedly told the victims that the lenders preferred or required that the homeowners vacate the property for the short sale to occur.

Over the years that the defendant claimed to be in negotiations, when victims asked him about the negotiations or possible sales, he allegedly offered an array of excuses and explanations.

The defendant allegedly collected at least $63,995 in rent from tenants he brought in or existing tenants at three of the properties the victims transferred to him. As record owner, if any of the properties were to be sold, the defendant would also benefit from the increase in value accrued over the last several years.

As a result of the defendant’s alleged fraudulent scheme, the victims lost their properties and potential rental income. In addition, their credit scores and ability to obtain new loans rapidly deteriorated as most of the foreclosures remain active.

The District Attorney offered the following tips to homeowners to protect themselves:

• Make sure the NYC Dept. of Finance has the correct address to receive property notices.
• Designate a trusted family member or friend to receive notices if you are unable.
• Register with the NYC Department of Finance to receive automatic notifications regarding any changes to your deed or property records.
• Never sign any contract you do not understand.
• For more information visit http://brooklynda.org/deedfraud/

The case was investigated by Detective Candido Salgado of the KCDA New York City Police Department Squad. Supervising Financial Investigator Deborah Wey, of the District Attorney’s Investigations Division, assisted in the investigation.

The District Attorney thanked the New York City Department of Finance and the New York State Department of Financial Services for their assistance in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Joseph DiBenedetto, of the District Attorney’s Frauds Bureau and Assistant District Attorney Gregory C. Pavlides, Chief of the Frauds Bureau, under the supervision of 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.

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