Jailed Phony NY Lawyer Must Pony Up the Money (MORE, CLICK HERE)

Jailed Phony NY Lawyer Told to Cough Up Her Cash
The New York Law Journal by Vesselin Mitev - March 26, 2008

A Suffolk County woman serving prison time for impersonating a lawyer has been required to forfeit proceeds from the sale of her house despite her claim that the sentencing judge promised she would not have to pay restitution in exchange for a longer sentence. Karen Fotiou was sentenced to four to 12 years in prison in 2004 for maintaining two fake law offices in Astoria and Patchogue.

The Suffolk County District Attorney's Office had brought a civil forfeiture action in January 2003 against Ms. Fotiou for $756,696, the amount it says she stole from clients. Ms. Fotiou's residence recently was sold in a foreclosure action, and around $200,000 of surplus money was available.

In Spota v. Fotiou, 791/03, Acting Supreme Court Justice Joseph Farneti cited CPLR 1311[1] in ruling that the action could be brought to either "recover the property which constitutes the proceeds of a crime . . . or to recover a money judgment in an amount equivalent in value to the property which constitutes the proceeds of the crime." Ms. Fotiou will still owe around $550,000 after the funds are credited, said Assistant District Attorney Craig D. Pavlik.