The Son of Brooke Astor Shall go to Prison For Defrauding His Mother Says Elder Abuse Lawyer Steven Peck

Written by Adam Peck Category: Elder Abuse March 26th, 2013 4 min read

The son of late New York philanthropist and socialite Brooke Astor will go to prison for defrauding his mother after a state appeals court upheld his conviction.

Anthony Marshall, 88, was convicted in October 2009 of grand larceny and other charges for changing his mother’s will while she was incompetent. He was sentenced to one to three years in jail for acts including giving himself a $1 million raise for managing his mother’s money. Astor died in 2007 at 105.

Marshall in February 2010 filed motions to vacate his conviction, claiming juror misconduct. New York state Supreme Court Justice A. Kirke Bartley Jr. upheld the conviction of Marshall and his co-defendant, lawyer Francis X. Morrissey, in July 2010 and Marshall appealed.

The Appellate Division’s First Department affirmed the conviction in a decision released today, saying the verdicts were “based on legally sufficient evidence and are not against the weight of the evidence.”

“The record amply supports the jury’s determination that defendants are guilty of a scheme to defraud Mrs. Astor by fraudulently changing her will via the codicils at a time when they knew her physical and mental condition precluded her from having the capacity to agree to any such changes,” the appeals panel said in a unanimous decision.

Larceny Count

Marshall had also asked the appeals court to throw out the first-degree grand larceny count, which carries a mandatory prison term, arguing that his age, health, military service, public service, lack of prior criminal history and the non- violent nature of his criminal conduct warrant dismissal.

The appellate panel declined, saying the state legislature has provided a way for terminally ill people to be released from prison on medical parole. It also disagreed with Marshall’s argument that the “substantial restitution” paid to resolve a dispute over Astor’s will is a “compelling factor.”

“We are not convinced that as an aged felon Marshall should be categorically immune from incarceration and it is generally inappropriate to use the interest of justice as a device for granting dispensations from mandatory sentencing statutes,” the appeals court said. “Further, Marshall’s age, along with the medical conditions presented, do not establish, based on the record before us, that incarceration will likely cause his death.”

Further Proceedings

The appeals court did throw out one of five counts of second-degree grand larceny against Marshall, saying that having a secretary employed by Astor do tasks for a theater production company he was operating out of her apartment didn’t constitute that crime.

Marshall, who had been free pending the appeal, was ordered to return to New York state Supreme Court in Manhattan for further proceedings. The Manhattan District Attorney’s Office didn’t immediately respond to a request for comment on the decision.

“We are of course deeply disappointed in the decision, and we are exploring all of Mr. Marshall’s options,” his attorney, John R. Cuti with Cuti Hecker Wang LLP in New York, said in an e-mail.

The case is People v. Marshall, 06044-2007, New York Supreme Court, New York County (Manhattan).

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care. Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be. You will receive superior representation and of course the best possible result based upon our know how and expertise.

Call us Now. THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085

To contact the reporter on this story: Chris Dolmetsch in New York State Supreme Court at 8969 or cdolmetsch@bloomberg.net

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.