Manhattan District Attorney Cyrus R. Vance, Jr. today announced the indictment of PENNY BRADLEY, 54, a real estate developer, for residential mortgage fraud in which BRADLEY forged member signatures to illegally obtain millions of dollars. BRADLEY is charged in a New York State Supreme Court indictment with Residential Mortgage Fraud in the First Degree, Grand Larceny in the Second Degree, and two counts of Forgery in the Second Degree and Criminal Possession of a Forged Instrument in the Second Degree.
“As alleged, Penny Bradley cashed in on her insider position and stole company funds to support her lavish lifestyle,” said Manhattan D.A. Cy Vance, Jr. “My Office is dedicated to protecting the integrity of our City’s residential mortgage market and holding those who attempt to undermine it criminally responsible.”
According to the indictment and documents filed in court, from 2014 to 2016, BRADLEY violated her duties as the managing member of 46 East 82nd Street LLC and stole company funds for personal expenses and unrelated business ventures. BRADLEY also used company property as collateral to obtain a loan for unrelated real estate investments, and forged member signatures to refinance debt encumbering the townhouse.
In March 2014, 46 East 82nd Street LLC was formed to acquire, renovate, and sell a townhouse located at 46 East 82nd Street. BRADLEY was the sole member of Norfolk Street Management LLC, the managing member of 46 East 82nd Street LLC. In that capacity, BRADLEY was solely responsible for managing the renovation and potential sale of the townhouse and safeguarding company money and property, including funds invested by members of 46 East 82nd Street LLC and two loans from Alpine Capital Bank.
Between 2014 to 2016, BRADLEY stole over $500,000 from 46 East 82nd Street LLC to pay for personal expenses and unrelated business debts. Personal expenditures included rent payments, vacations, monthly payments on her auto loan for her Range Rover, and monthly parking garage fees.
In 2015, BRADLEY obtained a personal loan from Global Payment Services Limited (“GPS”) to invest in unrelated real estate projects. To procure the loan, BRADLEY agreed to allow GPS to record a lien against the 46 East 82nd Street townhouse if she failed to pay $2.6 million by its maturity date. Subsequently, BRADLEY defaulted on the loan and GPS recorded a mortgage against the townhouse.
In 2016, BRADLEY attempted to refinance the GPS mortgage by encumbering the townhouse with a junior mortgage from Atlas Union Corp (“Atlas”). Atlas and First American Title Insurance Company (“First American”), the title insurance company insuring the loan, required the defendant to obtain a new company operating agreement executed by all the members of the company. In August 2016, BRADLEY falsely claimed that all the members were contacted and requested to close on the Atlas loan without submitting the new operating agreement; Atlas denied the defendant’s request.
Thereafter, in late August 2016, Atlas agreed to refinance the existing loans from both Alpine and GPS with a loan for $11.5 million to 46 East 82nd Street LLC. However, to obtain this loan, Atlas required the defendant to get written consent of a majority in interest of members of 46 East 82nd Street LLC.
On September 7, 2016, the defendant emailed her attorney the “Consent of Majority in Interest of Members of 46 East 82nd Street LLC” and its six signatures pages for purposes of closing on the Atlas loan. The signature pages included forged signatures of two LLC members. Two days later, on September 9, 2016, the defendant signed the required documents on behalf of 46 East 82nd Street LLC and certified as to the validity of the signatures on the Consent of Majority in Interest of Members of 46 East 82nd Street LLC document to close on the Atlas loan of $11.5 million.
In December 2017, the Atlas loan matured and 46 East 82nd Street LLC defaulted on the loan.
Assistant D.A. Jaime Hickey-Mendoza is handling the prosecution of this case under the supervision of Assistant D.A.s Judy Salwen, Principal Deputy Chief of the Rackets Bureau; Michael Ohm, Deputy Bureau Chief and Jodie Kane, Chief of the Rackets Bureau, as well as Executive Assistant D.A. Michael Sachs, Chief of the Investigation Division. Supervising Financial Investigator Wei Man Tang assisted with the investigation, under the supervision of Irene Serrapica, Deputy Chief of FAFI, and Robert Demarest, Chief of FAFI. Supervising Rackets Investigator Donato Siciliano, Rackets Investigator Samuel Morales, and Paralegals Madeleine Lippey and Maximilian Perkins also assisted with the case.
Edited by: JV Staff