Man Pleads Guilty To Swindling Retired CO In Sale of His Home

A man who fraudulently sold a retired Correction Officer's home pleaded guilty Aug. 22 to possession of stolen property in Queens Supreme Court, District Attorney Richard A. Brown announced.

RICHARD A. BROWN: Harsh words for brother thieves.

Moses Brach, along with his brother, Joel, bought Hoesey Walker's home for $440,000 without the Correction Officer even being present at the closing. The brothers fraudulently set up a bank account in Mr. Walker's name and their own to steal the proceeds from the sale of the home, which was not even on the market.

'Took Advantage of Him'

Moses Brach "took advantage, allegedly along with his brother, of an elderly man's poor health by swindling him out of his home," said Mr. Brown. "Fortunately, the victim, who suffers from dementia, was able to remain in his home and civil litigation is underway to ensure that he may remain there as rightful owner."

Joel Brach, who is still at large, reportedly fled to Israel. Moses Brach pleaded guilty before Justice Kenneth C. Holder to one count of fifth-degree criminal possession of stolen property. He was sentenced to pay $50,000 in restitution and his check in that amount was personally delivered to the victim hours later by the prosecution.

Mr. Walker, 71, employed Home Energizer, Inc., a Hollis-based real estate firm, in February 2007 to assist him in the purchase of real estate. Joel Brach, an employee of Home Energizer, handled Mr. Walker's purchase of two properties, one in Queens and another in Brooklyn, totaling $1,370,000.

Shortly after the purchases, Mr. Walker's daughter, Kim, a NYPD officer, discovered her father exhibited signs of dementia and had bought two properties he could not afford and sold his primary home in Cambria Heights.

The existence of the check for $211,000 that was payable to Mr. Walker but deposited in an account jointly held by the Brachs and Mr. Walker became known when a Wachovia representative contacted Mr. Walker and his family about the suspicious nature of the deposit, DA Brown said. The account's assets have been frozen at the request of the District Attorney's office. An investigation revealed the account was illegally opened in March 2007 in Joel Brach's name only. Then his brother's name was added as account holder before Mr. Walker's name was added, unbeknownst to him, after the sale of his residence.

Because of the sale, a mortgage of $407,537 in the name of the Brachs was filed against Mr. Walker's property. That mortgage, which was $187,633 before, is near foreclosure, the DA said. Separate civil litigation involving the mortgage is pending.