111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601
Tel: (914) 995-3586
Fax: (914) 995-2116
Aug. 13, 2013 -- Westchester County District Attorney Janet DiFiore announced that Charles Diven, Jr. (DOB 02/03/66) of 521 Theresa Drive, Yorktown, New York was arraigned today on a 13-count indictment charging him with:
- three counts of Grand Larceny in the Second Degree, class “C” Felonies,
- six counts of Criminal Possession of a Forged Instrument in the Second Degree, class “D” Felonies,
- three counts of Criminal Tax Fraud in the Third Degree, a violation of New York State Tax Law, class “D” Felonies.
- one count of Scheme to Defraud, a class “E” Felony.
Between April 2004 and December 2011, the defendant, a disbarred attorney, defrauded two separate clients.
In earlier 2005 the one victim retained defendant to represent her in divorce proceedings. As the case progressed, in 2008, in furtherance of a scheme to defraud the victim, the defendant directed her to provide defendant with $243,000.00 to demonstrate that she had the financial capacity to purchase her ex-husband’s share of the marital home. The funds would be maintained in his attorney trust account.
Instead of maintaining said funds for said purpose, the defendant used the money entrusted to him to pay personal and/or business expenses without the knowledge or consent of his client.
Between April 2004 and July 2009, the defendant defrauded a second client/victim in excess of $171,000.
He was retained to settle the victim’s interest in his deceased father’s estate.
Again, instead of maintaining said funds for said purpose, the defendant used the money entrusted to him to pay personal and/or business expenses without the knowledge or consent of his client.
Bail was continued at $5,000 cash or bond.
The defendant’s next court date is Aug. 27, 2013.
He faces a maximum sentence of fifteen years in state prison on the top count in the indictment.
Assistant District Attorney Shara Abraham, of the Public Integrity Bureau, is prosecuting the case.
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In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
