Friday, April 26, 2013

Brooke Astor Estate Conviction Toss Imminent

An on-going investigation into billion-dollar-plus tax-evasion involving Manhattan and Westchester trusts, estates and non-profits has revealed attorney missteps in the Brooke Astor estate that, according to legal experts, will result in the related criminal convictions being vacated. 

It turns out that U.S. Attorney Preet Bharara's long-term persistence in addressing the rampant corruption in New York State might have had the collateral result of keeping Brooke Astor's 89-year-old son out of prison.

Brooke Astor's son and his attorney were convicted of various criminal charges, and are currently free pending a 'Hail-Mary' filing with New York's highest court, the New York State Court of Appeals in Albany.  Unbeknownst to those watching the Astor criminal trial proceedings in Manhattan, federal agents have been reviewing many decades-long tax evasion issues- all prompted, according to a source, by the $100 Million-plus believed to be owed to taxing authorities by those who wrestled control of estates, trusts and non-profits related to Ice Cream magnate Tom Carvel. (CLICK HERE to see, "IRS Looking at Surrogate, Lawyer and Bank Chairman Link," - "Are tax-fee loans the new brown-bag payoffs that corrupt our courts?"

The defendants, Anthony Marshall and Francis Morrisey, were last in court on Friday, April 19, 2013, and could have been hauled off that day to begin serving their 1-3 year prison sentences.  The New York State Supreme Court Judge, the Hon. A. Kirke Bartley, Jr., however, allowed the defendants to remain free pending the outcome of the latest appellate filing.

Not knowing what Judge Bartley would decide on April 19th, the New York State Corrections Department waited with a stretcher to cart Brooke Astor's ailing son off to begin his sentence.  Meanwhile, that same morning, a New York attorney named Susan Robbins was enjoying her breakfast, apparently unaware that her actions- and/or inactions- involving the Astor estate criminal proceedings had been revealed on Monday, April 15, 2013. 

It was revealed that attorney Robbins had been sending many emails over an extended period of time, and those emails should have been turned over to the defense during the criminal trial.  According to one expert familiar with the recent findings, ".... there can be no claim of attorney-client privilege since Ms. Robbins was copying those emails to various people including the District Attorney's office.... those emails should have been turned over to the defense- this is a clear 'Brady Violation'....."

The issue of "Brady" material became famous by the 1963 landmark U.S. Supreme Court case Brady v. Maryland (373 U.S. 83) saying that prosecutors cannot withhold exculpatory evidence that is material to the defendant's guilt, or material as to any subsequent punishment. Exculpatory evidence is "material" as it involves the possibility of a different outcome had that previously-unknown evidence been known. 

"It can be clearly argued that the jury should have had the chance to see attorney Robbins' emails, and then weigh that against her testimony at the criminal trial," says another legal insider, adding, "Ms. Robbins has some explaining to do. As an officer of the court, Robbins had an obligation to reveal those emails. Her real motives may have been hidden, she may have very unclean hands here..."

It is unknown whether the actual trial prosecutors knew of the 'Robbins emails' as questions continue as to attorney Robbins' activity and interaction with others inside the Manhattan District Attorney's office, and those involved in the Westchester County Surrogate's Court proceedings. One insider, who asked not to be identified, doubts that the trial prosecutors knew of the Robbins emails, saying "those are upstanding ADA's- they would have done the right thing and turned that material over to the defense..."

The defense could have moved for a mistrial before the jury verdict, but must now seek vacatur of the conviction via a "440 motion."  New York State law, under Criminal Procedure Law Section 440 allows the judge to vacate the conviction and, additionally, to dismiss all accusatory instruments.

MORE COMING SOON............... Why did probating Brooke Astor's will take so long?  Why  hasn't a full accounting ever been released?    Yes, the IRS wants those answers too !  -  CHECK BACK SOON FOR MORE ON THIS STORY.......


  1. They should take this chick Robbins law license away.

    1. "chick Robbins" ? What is wrong with you? Would you call a male atty something as well? Was anything proven illegal or are you just blowing smoke so the real criminals look honest. SHAME on you mr. or ms. bird (not chick).

  2. I'll tell you why it took so long to probate Astor's will- they wanted Anthony Marshall to die so they could then take over his role. And when it looked like Marshall just may stick around, they went to plan B. The trust and estate bar is full of thugs who will do ANYTHING to get control of the big money.

    Westchester County is a complete cesspool, and if you're looking for justice you are a fool to be looking for it in Westchester.

    Follow the money !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  3. As a Victim of Tony Scarpino (and the West. Surrogate's Court) and his mafia thugs when do we see him doing the perp walk?

  4. I hope the FBI have been talking to some of the people who have worked in the surrogate's court over the last 15 years. That would explain why it's taking so long. Arrests need to be made in Westchester courts.

  5. Justice delayed is justice denied.

    Hopefully, this case will not end with just the overturn of the wrongful conviction; but also a full blown state/ federal investigation into the grand larceny of family wealth.

  6. I don't trust the mainstream media either in the reporting of this Astor criminal case. Anthony Marshall was accused of treating his mother Brooke Astor like a dog. And then it comes out at trial that Brook had over half-dozen full time maids and butlers. WTF ?!?!?!? Let's assume that Anthony was horrible (which I don't believe) to his mother. WHAT THE F*&K WERE THE PAID SERVANTS DOING ?!?!?!?!?

  7. I hope Tony Marshall lives to be a healthy and happy 110 years old- all while the mutts who set him up are rotting in a jail cell. The truth will set us all free.

  8. The IRS goes after little issues and completely ignores the vast amount of monies being played with by attorneys and accountants in the T&E arena and the most recent place to scam (the non-profits) When is our federal government going to do something about it? Maybe never because it's the lawyers who run all those illegal activities. God help us.

  9. I guess when you look at screwing the taxman over 20 years, big money adds up quickly. $100mil from Tom Carvel alone - and you know there were a lot of other BIG estate money scams going on in Manhattan and Westchester. 10mil here, 10 mil there.... it adds up... I hope Preet Baharara is planning on arresting a bunch of New York lawyers and judges soon. They tend to be spineless and will gladly talk about bigger fish.

  10. Shouldn't the prosecutors motion the court to void the convictions. The DA doesn't have to wait for Marshall and Morrisey to file 440 motions. And since Judge Bartley is a stand-up guy, I wouldn't be surprised if he vacated the convictions on his own. Every day "justice delayed is justice denied" as it serves to further harm an 89 year old man. I wish someone had the courage to do the right thing. Our justice system is so very sad.

  11. Wow! Nothing surprises me anymore. I agree, follow the money and it will lead you right to the lawyers and the banks.