Queens, NY – Guilty Plea In Real Estate Swindle

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    Queens, NY – A Brooklyn man has pleaded guilty to fifth-degree criminal possession of stolen property in connection with the fraudulent sale of a retired New York City correction officer’s Cambria Heights house.

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    Moses B., 31, of Brooklyn, was charged in the case along with his brother, Joel B., 27, who was employed at a Queens real estate brokerage firm. The brother is a fugitive who is being sought internationally.

    “This defendant took advantage, allegedly along with his brother, of an elderly man’s poor health by swindling him out of his home”, Queens district attorney Richard A. Brown said.  “Fortunately, the victim, who suffers from dementia, was able to remain in his home and civil litigation is underway to ensure that he may remain there as the rightful owner.
    Fortunately, the scheme was uncovered after the victim’s eldest daughter, a New York City police officer, became suspicious of various transactions and reported the matter to my Economic Crimes Bureau.”

    Joel is believed to have fled to Israel.
    Moses, pleaded guilty in Supreme Court in Kew Gardens before Queens Supreme Court Justice Kenneth C. Holder to one count of fifth-degree criminal possession of stolen property. He was sentenced to pay $50,000 in restitution and his check in that amount was personally delivered to the victim hours later by the prosecution.

    Brown said that, 71-year-old Hoesey Walker sought the aid of Home Engergizer, Inc., a real estate brokerage company formerly located at 189-07 Jamaica Avenue in Hollis, to assist him in the purchase of real estate.
    Joel, an employee of Home Energizer, handled the transaction involving Walker’s purchase that same month of two properties – one in Brooklyn and the other in Queens – for a total of $1.37 million.

    New York City police officer Kim Walker, discovered, that her father’s primary residence at 114-121 228th Street in Cambria Heights had been sold to Moshe and Joel for $440,000 and that the equity proceeds from the sale of the house – $211,000 – were placed in a Wachovia joint banking account in which Moshe, Joel and Walker were listed as the account holders.
    An investigation by the district attorney’s office determined that the account had allegedly been opened in Joel’s name only and then his brother’s name was added as an account holder, and then finally that Walker’s name was added as an account holder – unbeknownst to him and only after the sale of his residence.

    Mr. Walker was not present at the closing, which took place at 8 p.m. at the defendant Joel’s residence. As a result of the sale, a check was made payable to Mr. Walker in the amount of $211,000 – which was then deposited into the Wachovia account that the Brachs had established.

    Brown said that the existence of the check and the account came to light when a Wachovia representative contacted Walker and his family due to the suspicious nature of the deposit. At the request of the district attorney’s Office, the account’s assets have been frozen and remain frozen.
     
    Brown noted that, as a result of the sale, a mortgage in the amount of $407,537 in the names of Moshe and Joel was filed against Mr. Walker’s property and that mortgage is near foreclosure. Prior to the sale, Mr. Walker only had a mortgage of $187,633 on his property.


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    22 Comments
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    18th AV fish
    18th AV fish
    15 years ago

    smells FISHY 2 me

    anonymous
    anonymous
    15 years ago

    The story does not relate how they stole the home. They bought the house for 411,000. What theft is there here? So he’s smart enough to invest 1.2m in real estate but swindled out of his home? I don’t get it. Something sounds fishy. I bet the daughter was mad about the sale, and used this tactic as a way out.

    Anonymous
    Anonymous
    15 years ago

    This is going on Philadelphia – stealing deeds. People steel houses by recording fraudulent deeds.

    Deed
    Deed
    15 years ago

    Any Idea how to protect oneself from a deed being stolen? would be great idea if VIN would post an article and keep it on a bit for all to see.

    Anonymous
    Anonymous
    15 years ago

    Another grosse chochma to bring nachas to klal yisroel and a kiddush hashem!

    bigwheeel
    bigwheeel
    15 years ago

    There’s a lot of information missing [from this news piece]. Because on the face of it there’s no fraud committed. For example, MR. Walker’s name was on the account where the proceeds of the sale were deposited. The only question remaining is what the agreement was as far as withdrawals and deposits were concerned. However, we are confident that the DA’s able staff would not have brought an indictment [against the B. brothers] unless they had grounds to do so! Now it remains for the [defendants’] lawyers to bring out the defending evidence, [in a Court of Law]!!!

    Anonymous
    Anonymous
    15 years ago

    As Jews we must make the effort to be extra careful in business to avoid violating many issurei deoraissa as well as American laws

    Anonymous
    Anonymous
    15 years ago

    There is a lot of economic crime consisting of stealing real property. There are many variations but it is a known problem.

    Usually it begins as a simple refinance and if the homwowner is short on money the lender offers to supply their lawyer. I am involved as a friend of a victim and in this case the perpetrators are not mishelanu.

    Another variety is that it ends up being not a new loan but a sale and something like pay rent every month and if you are ever late you lost it all. The terms are in the contarct but never read or understood.

    In the VIN story it seems like they opened an account and added this sellers name to it and then cashed his check into their account. Anybody that thinks no crime was committed is probably smoking something.

    anonymous
    anonymous
    15 years ago

    i dont think theyre smoking something as much as theyre deliberately trying not to believe a frum jew would do such a thing because they have their head buried in the sand

    haha
    haha
    15 years ago

    sure i see crime her

    Anonymous
    Anonymous
    15 years ago

    Chilul Hashem drives people away from Torah and Yiddishkeit. It drives the non-frum away who are disgusted when an “Orthodox” person is shown to be a crook. An in our dor the crookedness is driving even frum Jews away from their own heritage. Read “Off the Derech” to see why so many young kids are dropping out. Chilul Hashem is real!

    Anonymous
    Anonymous
    15 years ago

    To Bigwheel,

    In this case- stop being dan l’caf zcus, he pleaded guilty and the brother ran (presumption of guilt). Right now there is no court case and no defense lawers because he pleaded guilty.

    Anonymous
    Anonymous
    15 years ago

    I have long felt that this problem is rooted in our yeshivos system where they put an emphasis on g’moroh and tosfot which is fine, but fail to teach how to ethically behave in the business world. Every Yeshiva should have a required shiur targeting these issues that everyone has to take in order to graduate. This in my opinion would go a long way in alleviating much of the problems at hand.

    Anonymous
    Anonymous
    15 years ago

    In my very own shul in the Monsey area, my “friend” who davened next to me tricked me and stole my business. This was very painful to me and my family. The result in the shul was that everyone felt sorry and that he was wrong, but he still gets his aliyas, still gets his kiddush cholent and everyone including the rav talks to him as a friend. This is typical and a very sad commentary on our frum community. I had to leave the shul because it was too painful for me. He is still there. Terrible.

    Anonymous
    Anonymous
    15 years ago

    12:25 hits it right on the head.

    And where were these guys when the yeshiva was teaching them against thievery or making a chillul Hashem? Out sneaking a smoke somewhere?

    clarification
    clarification
    15 years ago

    the IKER problem is the financial pressure that the frum community imposes on it’s members. even in the communities that help their members, enough people KUCH in gashmius, that this is also a pressure.

    Anonymous
    Anonymous
    15 years ago

    It begins by the children seeing these very same things in the Yeshivois. They walk into the yeshivois and see multiple zoning violations and a general sense of not following laws and then it leads from one thing to another. nebech. we need rachami shumayim with no manhig or nuvi to lead us

    Anonymous
    Anonymous
    15 years ago

    lets these crooks rot in jail.

    bigwheeel
    bigwheeel
    15 years ago

    “bigwheel” 8:30AM. Your [blatant] attempt to imitate my [style of] posting was a nice try [on your part] but [transparently] unsuccessful! People say that imitation is a compliment (a/o complement)! Yeah, BTW. What’s the diff? When is a compliment complementary?! Dee maynst zicher az ich red terkish (oyb di bist a yid!)

    bigwheeel
    bigwheeel
    15 years ago

    Anon. 3:02AM. Rest assured! he will not enjoy the “Fruits of His Labor” i.e. The Geneiva and Tzaar (heartache, for the uninitiated) that he caused! The Chasam Sofer ZTZ”L, said, [in his old age] that he never saw a person who stole [in one form or another], should end up successful!! They always end up on the losing side! Sometimes, through bad investments or plain geneivah! (now, let’s not open a Pandora’s Box)! I know [firsthand] of cases where someone came to his “Friend” and learned the insides of his Business, then went ahead and opened one, in direct competition to his benefactor! The end was not so Rosy!! [for the conniver/goneff]!!!

    Anonymous
    Anonymous
    15 years ago

    The situation you mention, where a “friend” learned the insides of a business of his trusting companion and then opened a similar business, copied from his friend, in direct competition to his friend, is exactly what has happened in New Hempstead New York near Monsey. The goniff, though known as a goniff throughout his shul, still is treated as a respected member though everyone knows the truth. He gets his aliyahs, he gets his place to sit but the victim suffered and continues to suffer and if forced to leave the shul in great suffering. Yidden! Awake to the rishis in our own midst! How long will we tolerate this? How long will the dollar reign supreme? Do we put a dollar sign on the mizrach?

    Anonymous
    Anonymous
    15 years ago

    ro all bllogers : i see most of you have bad things about the story. as a insider in the story let me clarify some facts. Moshe B.is completely inicent in this case.his brother Joel B. went off the Derech is not even keeping kosher as last known. and the family by trying to be nice to him, they tried to help him what ever its possible. but he still was a crook. so he swindled out the whole family . from his other brother he borowed his credit card and swindled out of his name hunred of thousand dollars. this moshe as everybody know him is very naive, he didnt even knew what means a deed a title company. and his brother came to him that he is going to buy a house but his credit is bad so he should do him a favor and sign as a co-signer and as a result he would get the best interest rate on the loan, and he told him its just for the bank inside purpose and ones to loan gets approved his name goes automaticaly off all the records. Moshe as a good brother, and as they are trying to be nice to his brother so he should come back to judaism, and as a naive person, he told him if he dont have no other choise and if he could make the whole closing in 20 minutes, he will do it for him. and thats how it was, they aranged a closing in his brothers house at 8 PM and they closed.he arrived with his fish clothes as it was before pesach and he worked overtime he spend there about 20 minutes as he arrived they gave him a whole mountain of papers to sign and he did it quick to be back at work to finish his job. after a month he start to get bills from the bank about a mortgage it took him a while till he found out what the story was.

    so now by me reading all of this bad comments my heart goes out how could people be so bad and talking on a story they dont even know. what will you do in such a case?