1. Criminal Defense Attorney in Brooklyn NY | Case Background and Criminal Exposure
Client Profile and Origin of the Dispute
The client was the managing director of a real estate holding company that owned a mixed use commercial building in Brooklyn.
After entering into a long term lease, the tenant ceased paying rent and raised objections related to alleged repair obligations and building conditions.
When the landlord initiated civil proceedings for possession and unjust enrichment, the tenant responded by filing a criminal complaint alleging that the lease had been induced through fraud.
2. Criminal Defense Attorney in Brooklyn NY | Fraud Allegations and Applicable New York Law
Alleged Criminal Charges under New York Penal Law
The complainant asserted conduct fitting the elements of:
• Petit or Grand Larceny under New York Penal Law §155.05, based on alleged false representations inducing payment of a security deposit;
• Scheme to Defraud under Penal Law §190.60, alleging a systematic intent to deceive for financial gain.
Under New York law, criminal fraud requires proof of intentional deception, reliance, and wrongful acquisition of property at the outset of the transaction, not merely a subsequent contractual dispute.
3. Criminal Defense Attorney in Brooklyn NY | Defense Strategy and Legal Analysis
Lack of Intent and Civil Nature of the Dispute
The defense demonstrated that the building conditions and alleged issues were disclosed or reasonably observable, that repairs had been undertaken, and that any disagreements concerned scope and quality rather than deception.
Evidence showed that the client had no intent to mislead and no motive to obtain property through fraud, negating the mens rea required under Penal Law §§155.05 and 190.60.
Improper Use of Criminal Process As Leverage
Counsel emphasized that the tenant’s criminal complaint followed rent nonpayment and adverse civil litigation, illustrating a tactical attempt to gain leverage.
New York courts and prosecutors routinely reject such efforts to convert civil disputes into criminal cases absent clear fraudulent intent.
4. Criminal Defense Attorney in Brooklyn NY | Case Outcome and Legal Significance
Non Prosecution Determination
The prosecution concluded that:
• Criminal intent could not be established beyond a reasonable doubt;
• Alleged misrepresentations did not rise to criminal deception under New York Penal Law;
• The dispute fell squarely within the realm of civil landlord tenant litigation.
The client avoided arrest, indictment, and any criminal record, allowing continued business operations without reputational harm.
15 Dec, 2025
