Crime Watch

D.A.: Disbarred attorney accused of stealing $400K

Defendant’s lawyer says he paid back ‘every cent’

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A disbarred attorney from Bellmore was arrested and charged on Thursday with stealing more than $400,000 from an estate that he represented, according to Nassau County District Attorney Madeline Singas.

Robert Wagner, 63, of Bellmore, was arraigned yesterday before District Court Judge William Hohauser and charged with second-degree grand larceny. Bail was set at $200,000, bond or cash, and the defendant is due back in court on Sept. 12. Wagner, who was ordered to surrender his passport, faces five to 15 years in prison if convicted.

“This defendant is charged with stealing more than $400,000 in estate funds that he held for a client, and using that money for his own personal purposes,” Singas said. “Attorneys hold a special position of trust with their clients, and stealing from those grieving from the loss of a loved one is especially despicable.”

Wagner’s Uniondale-based attorney, Joel Weiss, said, “First of all, Bob Wagner has, at this juncture, paid back every cent to the beneficiaries. In addition, he has surrendered his law license.” Weiss had no further comment.

Wagner was retained by the executrix of an estate to represent her in February 2013. In December 2013, the deceased woman’s property was sold for roughly $450,000. After deductions and expenses, a balance of $407,000 was to be deposited in the defendant’s escrow account and used for estate-related matters, including distribution to the estate’s beneficiaries.

Although the money was deposited in December 2013, at one point in February 2014 the account balance was down to $300. In addition, none of the proceeds from the home’s sale had been distributed to the estate’s beneficiaries.

Between July 2014 and March 2015, the defendant allegedly misappropriated or used other funds to pay the beneficiaries, Singas said. One beneficiary, however, who was entitled to $100,000, still had not received any money by May 2015. The defendant allegedly gave the beneficiary many excuses, and no payment was made. Wagner allegedly used the money to pay for personal expenses and to carry on his law practice, according to the district attorney.

The executrix of the estate and the beneficiary filed a complaint with the district attorney’s office in July 2015.

Assistant District Attorney Jennifer Contreras, of the Government & Consumer Frauds Bureau, is prosecuting the case.

The charges are merely accusations, and the defendant is presumed innocent until found guilty.