ANOTHER TISH TOSS
‘$4M theft’ out of jurisdiction
A Manhattan developer whom state Attorney General Letitia James indicted for stealing two Harlem brownstones worth $4 million is now off the hook after a state appellate panel found the embattled prosecutor lacked jurisdiction to take the case.
Under the law, James wasn’t permitted to pursue deed- and mortgage-fraud charges against alleged con man Joseph Makhani, the state Supreme Court’s First Judicial Department found — because the case was referred to her by an officer of New York’s court system.
Instead, referrals to the attorney general must “come only from an agency” within the state’s executive branch of government, the five-member panel wrote Nov. 17.
It’s the second time this year that James — already under fire from critics for allegedly covering up sexharassment allegations against her own chief of staff for political purposes — had a high-profile criminal case of hers tossed on jurisdictional grounds.
In February 2021, James filed a lawsuit against Amazon alleging the e-commerce giant failed to protect its workers from COVID-19 and also retaliated against employees who reported safety concerns.
That case was thrown out by the First Judicial Department on the grounds it should have been taken up in federal court, not by the state attorney general, because it dealt with federal labor laws.
Skeptic prosecutor
“They seem to be stretching or attempting to stretch the line of what they have jurisdiction to take,” Peter Tilem, a former Manhattan prosecutor who is now a criminal defense attorney, said of James’ office.
“She’s the highest lawyer in the state of New York and she should be aware of what cases she’s allowed to bring and what cases she’s not allowed to bring.”
One of the brownstones Makhani, of Kings Point, LI, is accused of stealing belonged to an elderly woman named Veronica Palmer who was left homeless by the alleged dirty deeds.
Makhani is accused of using forged deeds and other fraudulent paperwork to take the West 118th Street home — offering her a mere $10 she never even received.
The home is now worth more than $2 million.
Palmer returned home one day to discover the doors bolted shut.
A successful criminal prosecution of Makhani could help Palmer, who would likely need to sue in civil court to get her house back.
The case isn’t Makhani’s first brush with the law. In 1998, he and his brother were among 25 real-estate brokers who pleaded guilty to a massive bidrigging scheme on foreclosed properties in Queens.
A lawyer for Makhani hailed the appellate decision, saying the case “was rightly dismissed.”
Messages with James’ office weren’t returned.
The Manhattan District Attorney’s Office is “aware of the decision and monitoring developments in the case,” said spokeswoman Emily Tuttle.