Criminal Justice
Disbarred lawyer is sentenced for alleged forgery that facilitated deed thefts
A disbarred attorney accused of impersonating a practicing lawyer to forge legal documents in a deed theft scheme was sentenced last week to 18 months to three years in prison for her actions. (Image from Shutterstock)
A disbarred attorney accused of impersonating a practicing lawyer to forge legal documents in a deed theft scheme was sentenced last week to 18 months to three years in prison for her actions.
Former lawyer Anyekache Hercules of New York was sentenced after pleading guilty to a scheme to defraud in May that garnered more than $1 million in illegal profits for Hercules and others, according to a Sept. 13 press release by Democratic New York Attorney General Letitia James.
The Brooklyn Daily Eagle has coverage.
In deed theft cases that involve forgery, scammers fake homeowners’ signature on a deed that is filed with the county clerk to make it appear that they own the property, according to an April 2023 press release by James’ office. The property may then be sold to an unsuspecting buyer, according to the Brooklyn Daily Eagle’s description of the crime.
Hercules was accused of working with a crew that stole homes in poor or run-down condition from absentee owners in New York or from their estates, according to James’ press release. The victims were elderly or disabled. Hercules was involved in three sham sales, prosecutors alleged.
After Hercules forged legal documents, the crew would market the homes at below-market prices, resulting in quick sales. People were recruited to impersonate the owners at contract signings and closings.
After the sales, the crew used forged driver’s licenses and Social Security cards to open bank accounts in the names of the real owners to funnel sale proceeds to themselves, prosecutors alleged.
Marcus Wilcher, the alleged leader of the crew, was convicted of grand larceny and sentenced to three to nine years in prison for the thefts of five homes in July.
The press release credited James for fighting deed theft, citing in part her support for legislation to strengthen protections and remedies for victims.
The bills, which have been signed into law, create the crime of deed theft and add protection to pause evictions of scammed homeowners when deed theft is suspected, according to the April 2023 press release.
The new laws also allow prosecutors to file a legal action on properties where deed theft is suspected. The legal action acts as a legal “red flag” that will impair loans on the property and eliminate a good-faith buyer’s protected claim to the home. The bills also void good-faith buyer protections when a mortgage on the property was not paid off or transferred.
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