Here's today's featured Commission on Judicial Conduct outrage, stamped "received" by the CJC, and ignored by Robert Tembeckjian and Alan Friedberg:
Pamela Carvel, a member of the Association of Certified Fraud Examiners
28 Old Brompton Road, Suite 158 London SW7 3SS England
U.S. tel / fax fwd 1 212 751 6746
September 24, 2007
Hon. Robert H. Tembeckjian
New York State Commission on Judicial Conduct
61 Broadway – 12th floor
New York, New York 10006
RE: Formal Complaint & Request for Investigation
2) Conspiracy to deny beneficiaries all rights guaranteed under the Constitution and laws of the United States
3) Conspiracy to commit: tax fraud; fraudulent conversion of assets; elder abuse; money laundering; extortion; bribery; felony murder; and other “RICO” acts.
Dear Mr. Tembeckjian,
This complaint concerns the willful wrongdoings of Surrogate Anthony Scarpino, in gross violation of his judicial oath and public trust, to improperly protect the financial benefits accruing to close political associate, Frank W. Streng, Esq., of McCarthy Fingar LLP, and attorney-politico William Grifffin, chariman and controlling shareholder of Hudson Valley Bank.
The nature of the complaint is gross misconduct; lack of necessary professional conscience for disqualification; corruption; denial of guaranteed Constitutional rights such as due process, and equal treatment; obstruction of justice, intimidation of whistleblowers, victims, and witnesses; aiding and abetting the fraudulent conversion of assets in the furtherance of apparently criminal acts, charity fraud, tax fraud, bribery and felony murder.
I write about the serious matter of the appearance of over $300,000 bribery of the Westchester County Surrogate Anthony Scarpino by the controlling stockholders of Hudson Valley Bank, who are the sole adverse litigants to the Carvel interests in trials before the Surrogate. There is a long-standing pattern of apparently improper influence over Westchester Surrogates Albert Emanuelli (1991-2000) and Anthony Scarpino (2001-present) by Hudson Valley Bank politicos who stole the identity and assets of the “Thomas and Agnes Carvel Foundation”, other Carvel charities, and the Carvel family, after the suspicious death of Thomas Carvel. The Bank’s incestuous influence over Surrogate’s Court proceedings is extended through the Hudson Valley Bank Business Development Board, which counts among its players several attorneys who received assets, appointments, and payments from the Surrogates, always opposing Carvel interests in Carvel estate matters.
My aunt Agnes Carvel, our investigators and I previously assisted the New York Attorney General in the forced ouster to two foundation fraudsters, but not before Griffin became entrenched to replace them in their fraudulent schemes. In the midst of our assistance to Attorney General Abram’s investigation into charity frauds by those who stole the identities of the Carvels’ charities by forgery, the usurpers of the identity of the “Thomas and Agnes Carvel Foundation” made a written statement of their illegal intentions to fraudulently convert all Carvel assets to themselves to the exclusion Agnes Carvel, the sole legitimate asset owner, and charitable benefactor (see Exhibit 1 dated February 18, 1992). The usurpers also made the written stated intent to illegally withhold charity control from the Carvels by rigged voting wherein William Griffin and anyone from “Hudson Valley”[Bank] could be counted among “loyalists” to prevent Agnes Carvel from recovering control of her own assets and her own charities (see Exhibit 2 dated April 9, 1992). All these stated illegal intents, and the actual fraudulent conversion of the $10 million Ardsley property in 2006, were ignored when put before Surrogate Scarpino.
We also assisted Scott J. Andersen of Attorney General Spitzer’s Office Securities Protection Unit of financial frauds and real estate scams against Carvel assets that were occurring under the nose of Surrogate Emanuelli, who ignored our evidence and pleadings. We subsequently assisted the Attorney General’s office in the successful criminal prosecutions of William Zuga and Francis Zarro for several felony counts for financial frauds. The U.S. Attorney convicted another Carvel estate fraudster, William Fugazy, for perjury.
Although we successfully uncovered these crime perpetrated by foundation usurpers and their agents, our legal costs as fiduciaries are denied reimbursement by Surrogate Scarpino; however, Surrogate Scarpion distributes Carvel assets to these culprits without limit or restriction, and allows their legal costs to perpetuate these criminal acts to be paid in full from Carvel assets without notice to the Estate’s beneficiaries, executor, or creditors, and without fee applications.
The attached information is the latest events in a continuing pattern of multi-million dollar estate frauds in Westchester Surrogate’s Court, in which the Carvel estates are not alone. On May 8, 2007, I discovered that William Griffin who alleges himself to be president of the alleged Thomas and Agnes Carvel Foundation, fraudulently transferred Agnes Carvel’s estate’s $10 million dollar, 16 acre property in Ardsley, New York (without notice to the Estate, its creditors or its beneficiaries) by transferring title to one of Griffin’s business associates for only $2 million dollars; and then that business associate assigned the property back to Griffin through Hudson Valley Bank. Surrogate Scarpino gave Griffin control of Agnes Carvel’s property without restriction, without scrutiny, without accountability, without notice to named beneficiaries, and without first paying funeral expenses, administrative expenses or creditors in at least four U.S. states and the United Kingdom. At that same time the real estate scam was uncovered, I also discovered that Griffin, who is also chairman and controlling stockholder of Hudson Valley Bank, loaned Westchester County Surrogate Anthony Scarpino $300,000 through Hudson Valley Bank. On information and belief, additional “loans”, not recorded with the Westchester County Clerk, were also made. It is my assertion that since “equity loans” are not required to be disclosed by the Office of Court Administration, this loan-ploy forms an innovation in pay-offs to encourage favorable decisions.
The “loans” coincided with Carvel trials by which Griffin obtained control over the above-mentioned Ardsley property and other multi-million-dollar Carvel real estate. Surrogates Emanuelli and Scarpino denied the Carvels equal indemnification of fiduciary expenses, while giving Griffin and his cohorts unlimited access to Carvel assets, without scrutiny or restriction, to oppose the Carvels. Both Griffin and Scarpino concealed the loans since 2001 although Griffin, purporting to represent the alleged foundation, continues to appear before the Surrogate in litigation against Agnes Carvel, the foundation’s founder and exclusive benefactor, and against Pamela Carvel the sole legitimate Foundation Member, who continues to oppose the foundation usurpers’ criminal acts of charity fraud. Surrogate Scarpino refused to disqualify himself when I confronted him with Griffin fraudulent conversion of $10 million of Carvel real estate and the appearance of $300,000 bribery by Griffin through his Bank. Surrogate Scarpino denied my requests to restrain the usurpers or protect the Carvel’s assets within the usurpers control.
Throughout our years of investigations, my aunt’s attempts to recover her own assets from strangers, to be paid mandatory income require by law, to receive justice for herself and her charities, and to thwart criminal activities in the theft and abuse of Carvel funds, were constantly obstructed and opposed by attorney William Griffin who is chairman and major stock controller in Hudson Valley Bank and who abuses Carvel charitable donations to abuse the Carvels personally with litigation. Both Surrogate Emanuelli and Surrogate Scarpino threatened, restrained, intimidated and ignored the Carvels, but never acted against the criminal activities of the foundation usurpers and their agents --- unless compelled by media exposure.
Surrogate Scarpino also demonstrated his lack of necessary conscience to disqualify himself in the matter of Frank Streng, who advertised on his web-site that he worked for Surrogate Scarpino’s “transition committee” from Supreme Court to Surrogate’s Court. Streng alleged to represent me as Agnes Carvel’s executor, but failed to disclose any conflicts of interest he acquired with Surrogate Scarpino or attorney-politico Eve Markewich whom I also hired to represent the Estate. Streng withdrew as my attorney because he refused to file objections to the accountings of the New York ancillary administrator after I discovered self-dealing against the Estate in collusion with Agnes Carvel’s adversaries.
This betrayal by Streng was particularly heinous after I discovered that Markewich wrote an article for the New York Law Journal (“Getting Grounded on Ethical Dilemmas”, February 14, 2005, ) itemizing gross violations of professional ethics against Agnes Carvel, albeit anonymously, but then Markewich colluded with those same unethical attorneys and Streng against the Estate’s best interest so as to assure payment to Markewich of almost $4 million dollars in legal fees. Streng stated he would do nothing to oppose Markewich’s legal fees and he withdrew, leaving me without legal counsel, and without funds to pay new legal counsel, merely days before the objections to the accountings were due.
Out of 36 fiduciary positions controlling Agnes’ property and its income (7 in Thomas Carvel’s estate, 12 in two corporations, 4 in an alleged New York unitrust, 3 in the an alleged Florida grantor trust, 10 in the alleged foundation) all of whose legal fees are paid from Agnes’ property without notice to the Court or to Agnes as beneficiary, Pamela Carvel is the sole fiduciary other than Agnes Carvel to be deprived of equal access as provided to all other fiduciaries to the multi-million dollar Carvel estates’ funds to retain competent, independent, legal counsel for the benefit of Agnes Carvel as sole beneficiary in her lifetime, to defend Agnes’ continuing interests through her estate, and to assert the Carvels’ testamentary intentions.
Frank Streng was the ONLY one Agnes’ or my attorneys whose legal fees were paid by order of Surrogate Scarpino (without ever disclosing to me the pair’s close relationship). Although I paid Streng almost $1 million before he made application to the court, Streng refused to refund any fees to me after he was paid by from estate assets by the Surrogate’s order. Streng thereby was paid twice or more for the alleged services rendered.
I demanded that Surrogate Scarpino disqualify himself from deciding the Streng’s request to withdraw, based on the already admitted conflict of interest with Streng that caused Surrogate Scarpino to recuse himself in the Matter of Margaret McKeown. The Surrogate refused my demand, granted Streng’s withdrawal, but refused to provide me with estate funds to pay professional legal counsel equal to all other fiduciaries in these estate matters, thereby compelling me to appear pro se or loose multi-million dollars claims by default. I assert a criminal conspiracy to deny civil rights and the intangible right to honest services exists, and that conspiracy is for the personal profit of “friends” of the court.
Surrogate Scarpino aids and abets the cover-up of apparent criminal activities by denial of due process and unequal treatment of the Carvels compared to the alleged foundation managers who are denoted in written documents as “loyalist” with Griffin whose written stated criminal intent has been to prevent Carvel family control of all Carvel family assets. Surrogate Scarpino denies discovery to Pamela Carvel against the foundation usurpers whose legitimacy is contested since 1991, but grants discovery requested by the usurpers against the Carvels. Surrogate Scarpino denies Carvel funds to the Carvels, but gives unrestricted use of Carvel funds to the foundation usurpers and their agents.
These frauds in the Carvel estates divert into the underground economy untaxed millions each year. My research indicates that a pattern of fraudulent conversion of estate assets is being repeated in estate after estate in Westchester County. Deliberate deprivation to beneficiary-fiduciaries is being used in estate after estate to threaten, intimidate, and extort silence from beneficiaries so as to cover up these crimes.
Your office needs to be acutely aware that the Carvel estates are but the tip of the iceberg for conversion, tax fraud and money laundering to defraud testators, beneficiaries and charities, by lawyers like William Griffin controlling banks like Hudson Valley Bank, and by lawyers like Frank Streng, Malcolm Wilson, and William Griffin, controlling Surrogate’s Court judges like Albert Emanuelli and Anthony Scarpino.
I make this complaint against Surrogate Scarpino as judge and attorney for aiding and abetting apparent crimes by attorneys before him and the controlling stockholders of Husdon Valley Bank, including but not limited to 1) multi-million dollar theft of Carvel real estate assets; 2) illegal use of charity assets contrary to public policy; 3) threats and intimidation of Agnes Carvel as an elder person to procure her death by stress (felony murder); 4) fraudulent conversion of Carvel charity assets to individuals associated with William Griffin; 5) bank fraud; 6) money laundering; 7) corporate identity theft and 8) bribery of Westchester Surrogate Anthony Scarpino in the form of alleged loans from Hudson Valley Bank to coincide with Carvel trials wherein William Griffin was a witness and litigant against Agnes Carvel.
Surrogate Scarpino deprives the People of honest services, and violates rights guaranteed to the Carvels by the laws of the United States, as a result of apparent bias and the appearance of impropriety and bribery by William Griffin who stole restricted charitable gifts and the good name of the Carvels to further political and financial manipulations for and by Hudson Valley Bank and the Hudson Valley Bank Business Development Board. There exists a clear record of a continuing pattern of apparent criminal abuse of Carvel assets to obstruct justice in the Carvels’ estates.
I regret to say my investigations indicate the Carvel estates are not lone isolated incidents of criminal conversion of assets through Westchester Surrogate’s Court.
Please call me at the above New York telephone number for further information.
Summary of Papers Submitted in the Criminal Complaint Against WILLIAM GRIFFIN & HUDSON VALLEY BANK in re: The Thomas & Agnes Carvel Foundation real estate transactions and apparent bribes to Surrogate Anthony Scarpino
FACTS & EXHIBITS:
- The alleged THOMAS & AGNES CARVEL FOUNDATION controlled by WILLIAM GRIFFIN is identified to the Attorney General’s Charities Bureau as a New York State Not-for-Profit Corporation located at HUDSON VALLEY BANK, 35 East Grassy Sprain Road, Yonkers, New York 10710.
- Abuse of charity assets for criminal conspiracies is contrary to public policy and provides cause to revoke tax-exempt status.
- Theft of the identity of the Carvels’ charity is challenged by the Carvels.
- Exhibit 1 February 18, 1992: In the “Confidential Thomas and Agnes Carvel Foundation AG Conference” memo written by usurper Robert Davis:
- at #2 the criminal intent to fraudulently convert Carvel assets to the usurpers is spelled out that Robert Davis and Mildred Arcadipane must resist removal so as NOT to provide family with opportunity to assume control of Foundation or at least Estate and Agnes’ assets;
- at #7 it is explicitly stated that Mildred Arcadipane will retain membership to prevent family control;
- at #11 “Hudson Valley” [Bank] is generically listed as acceptable successor member to retain “loyalist” control against the Carvel family.
- WILLIAM GRIFFIN is chairman of HUDSON VALLEY BANK. Robert and Marie Abplanalp (alleged foundation directors) are controlling shareholders of HUDSON VALLEY BANK along with GRIFFIN.
- The explicit criminal intent to fraudulent convert Carvel assets was concocted while Agnes was still alive; while Agnes was the prime beneficiary of Thomas Carvel, sole income beneficiary, and surviving joint asset owner; and while Agnes was Member, Director, Founder and the sole surviving benefactor of the restricted charity funds being abuse by the foundation usurpers to defend their illegal activities and to litigate to deprive the founder Agnes Carvel of all assets.
- Exhibit 2 April 9, 1992: In another “CONFIDENTIAL MEMORANDUM” Robert Davis explicitly spells out how alleged foundation voting will be rigged against Agnes Carvel to prohibit Carvel family control.
- At the “Second” paragraph, HUDSON VALLEY BANK chairman GRIFFIN and Bank of New York vice president James O’ Connor are listed as future “loyalist” directors who will rig the majority of votes against Agnes.
- At the “Third” paragraph, GRIFFIN is again counted to provide the rigged vote to retain control against Agnes.
- Exhibit 3 In a November 5, 1990 dated Schedule E of IRS Form 706 submission in the Estate of Thomas Carvel, it is noted at Item 15 of the jointly owned assets that a 15.628 acre dwelling in Ardsley, Town of Greenburgh, is valued at $1,100,000. (A 1991 real estate appraisal was attached thereto.)
- Exhibit 4 (4A) On October 6, 2006, WILLIAM GRIFFIN, acting as president of THE THOMAS & AGNES CARVEL FOUNDATION, sold to CHAUNCEY PARTNERS, LLC Agnes Carvel’s Ardsley property in two parcels: one for $1,300,000, which resulted in a Westchester County real estate transfer tax of $5,200; and
- (4B) one for $700,000.00 which resulted in a Westchester County real estate transfer tax of $2,800.
- (The current estimated value of these properties is $8-10,000,000)
- Exhibit 5 (5A) Also executed by chauncey partners LLC on October 6, 2006 was an assignment conveying interest in the two parcels back to HUDSON VALLEY BANK
- (5B) in conjunction with an alleged loan.
- CHAUNCEY PARTNERS, LLC, located 245 Main Street, Suite 120,White Plains, New York 10801, is run by DANIEL A. AMICUCCI, of: (a) 11 Upland Lane, Armonk, New York 10504; and (b) 42 Cobblefield Road, White Plains, New York 10605.
The real estate was put within GRIFFIN’S control by Surrogate’s Scarpino who transferred the real estate pursuant to Surrogate’s Court Procedure Act section 2215(3) which obligates the alleged foundation to return to Agnes’ estate all assets in excess of a mere remainder amount to which the legitimate foundation would be due.
Because other New York statutes provide that the interests of the remainder beneficiary are second to abate if the Estate’s assets are insufficient, and that the alleged foundation cannot step ahead of other creditors of superior interest, the usurpers are disposing of the assets so that Agnes’ estate will find empty coffers when it seeks return of the assets. This is precisely the scam used to divest Chain Locations of America, Inc. of all its $20 million assets so that when Agnes’ ownership interest was adjudicated five years after her death there was almost nothing for her estate to receive.
Exhibit 6 WILLIAM GRIFFIN is Chairman of HUDSON VALLEY BANK and controlling shareholder along with the ABPLANALP family for whom GRIFFIN is a trustee and advisor.
Robert Abplanalp was made an alleged foundation member and director in line with the stated intent (Exhibit 1) that “loyalist” successors would come from “Hudson Valley” [Bank]. Immediately upon Robert Abplanalp’s death, his daughter Marie Abplanalp Holcombe replaced her father as a “loyalist” to rig the foundation’s voting.
Exhibit 7 The HUDSON VALLEY BANK DEVELOPMENT BOARD, organized to advance the BANK’S interests, has an incestuous relationship with recipients of alleged foundation grants and political appointments in the Carvel estates by Surrogate Emanuelli (1991-2000) as well as with the fraudulent transfer of the Ardsley real estate.
Exhibit 8 New York attorney PAUL G. AMICUCCI is a partner in the law firm of WALSH & AMICUCCI, located on 2900 Westchester Avenue, Suite 205, Purchase, New York 10577.
New York attorney PAUL G. AMICUCCI is also listed as an attorney for the law firm GRIFFIN, COOGAN & VENERUSO, PC, located of 51 Pondfield Road, Bronxville, New York 10708.
New York attorney WILLIAM E. GRIFFIN alleges to be member, director and president of the THOMAS & AGNES CARVEL FOUNDATION.
New York attorney WILLIAM E. GRIFFIN is a founding partner in the law firm of GRIFFIN, COOGAN & VENERUSO, which lists attorney PAUL G. AMICUCCI as an associated attorney.
Exhibit 9 Westchester Surrogate Anthony Scarpino presides over litigation in the estates of both Thomas and Agnes Carvel since 2001.
(9A) Trials began in Thomas’ estate in September 2001. In October 2001 HUDSON VALLEY BANK gave Anthony Scarpino a loan for $200,000.
(9B) Trials in Agnes’ estate were to begin in 2005. In December 2004, HUDSON VALLEY BANK gave Anthony Scarpino another loan for $100,000.
Anthony Scarpino never disclosed the “loans” at any time. When the loans were discovered in May 2007 just prior to the commencement of trial in Agnes Carvel’s estate, Scarpino refused to disqualify himself for the appearance of impropriety and bias.
Surrogate Albert Emanuelli presided from 1991 to 2000 over litigation against Agnes Carvel financed by the alleged THOMAS AND AGNES CARVEL FOUNDATION by abuse of the gifts exclusively from Thomas and Agnes Carvel’s that were restricted to only charitable purposes.
Emanuelli was installed as Surrogate by cross-endorsement without opposition. Nonetheless, alleged foundation “general counsel” Malcolm Wilson served as “campaign chairman” and fund raiser for Emanuelli. WILLIAM GRIFFIN advised Wilson as Lt. Governor of New York.
WILLIAM GRIFFIN as alleged foundation president approves payments from various sources exceeding $2,000,000 per year for the sole purpose of opposing the rights and interests of Agnes Carvel as sole beneficiary, surviving assets owner, and charitable benefactor.
These crimes against the Carvels, and the People as intended beneficiaries of charity, are but the most recent frauds orchestrated and perpetrated by William Griffin since Thomas Carvel was found dead under suspicious circumstances in October 1990. The crimes include abuse of the judicial process to harm the Carvels and their property, conspiracy to obstruct the Carvels constitutionally guarantee rights, and the use of threats and intimidation against Agnes Carvel as a elder person to procure her death to silence her opposition.