Brooke Astor will forever be known as a New York socialite and philanthropist, but today - two years after her death at 105 - she also became America's most high profile elder abuse victim. Five months, 74 witnesses, 16,000 pages of testimony. That's the experience that led a Manhattan Supreme Court jury to believe that Anthony Marshall, Astor's only son, and estate attorney Francis Morrissey used Astor's Alzheimer's condition as an opportunity to loot the philanthropist's estate.
Per The New York Times:
Mr. Marshall was found guilty of 14 of the 16 counts against him, including one of two first-degree grand larceny charges, the most serious he faced. Jurors convicted him of giving himself an unauthorized raise of about $1 million for managing his mother’s finances. Prosecutors contended that Mrs. Astor’s Alzheimer’s had advanced so far that there was no way she could have consented to this raise and other financial decisions that benefited Mr. Marshall.
Marshall's first-degree larceny charge conviction carries a maximum prison sentence of up to 25 years. Co-defendant Morrissey, convicted of forgery and conspiracy, faces up to seven years in prison.
Throughout the trial, Marshall, 85, was portrayed as a man dominated earlier in life by his mother, later by his third wife, Charlene. Though not indicted, Charlene's pressure on her husband to secure more of the Astor fortune was considered the major motivating force behind Marshall's actions.
The prosecution was criticized for the prolonged presentation of their extensive witness list, but that thoroughness paid off. The New York Daily News reported:
"The evidence in this case was overwhelming," Assistant District Attorney Elizabeth Loewy said after the verdict. Marshall "stole from his mother while she suffered from Alzheimer's disease... making her own life worse while enriching his own," Loewy said.
The witness testimony became more important as the prosecution worked to overcome several key rulings that precluded issues like Marshall's removal as his mother's guardian upon accusations by his son, Philip Marshall, that Astor was living in unfit conditions. Also prohibited from court proceedings were revelations regarding Morrissey's legal license suspension due to a history of suspicious interactions with other elderly clients. Per the Daily News, however, Loewy reportedly says "she'll make that part of her pitch for giving him the max."
EstateofDenial.com focuses on cases involving Involuntary Redistribution of Assets (IRA) actions. Simply put, this is the use of probate venues and/or probate instruments such as wills, trusts, guardianships or powers of attorney to loot assets of the dead, disabled or incapacitated. IRA perpetrators are often greedy attorneys, disgruntled family members or wannabe heirs. How ironic that this case featured all three!
Sentencing for Marshall and Morrissey is scheduled for Dec. 8. Until then, both men will remain free on bail.
Still at issue is civil litigation regarding the charities whose long-standing beneficial status were diminished or removed upon Marshall and Morrissey's increased involvement with the estate. Although the civil case was put on hold pending conclusion of the Marshall/Morrissey criminal case, it remains in a Westchester County Surrogate's Court with a proceeding to discuss the case scheduled Nov. 4.
While Astor spent her life supporting numerous universities, libraries, parks and museums and remembered them in earlier wills, The Metropolitan Museum of Art and the New York Public Library are expected to be the two main beneficiaries of Astor’s generosity. However, how any charitable bequests will be impacted by the guilty verdicts, the sentencing to be imposed and/or potential appeals is unknown at this time.
Shortly after the verdicts were announced, Philip Marshall, Brooke Astor's grandson released this statement:
I hope this brings some consolation and closure for the many people, including my grandmother’s loyal staff, caregivers and friends, who helped when she was so vulnerable and so manipulated.
I sincerely hope these sad circumstances contribute to the recognition of elder abuse and exploitation as a growing national problem.
Philip Marshall is absolutely correct in drawing the parallel of his grandmother's experience to the plights of other American seniors. If Brooke Astor could become a victim of exploitation despite her strong network of family and friends along with significant financial resources, where does that leave the rest of us? This should truly be a wake-up call for elderly Americans regarding their vulnerability.
These same Americans should also not find complacency in the misconception of not having enough financial resources to become a target. Estates of all sizes can be appealing to IRA perpetrators. Ignoring this reality could put all you have at risk.
Over a span of decades, Brooke Astor was known for numerous charitable works and good deeds. How ironic that her one last gift to the public may be helping to expose modernized versions of Involuntary Redistribution of Assets actions by grave robbers and other property poachers targeting estates of Astor-nomical sizes as well as those of more modest proportions.
Photo:
Anthony Marshall, 85, son of Brooke Astor, leaves the courtroom at Manhattan State Supreme court, Thursday, Oct. 8, 2009, in New York. Marshall was convicted Thursday of plundering Astor's nearly $200 million fortune. The jury also convicted estate lawyer Francis X. Morrissey Jr., 66, of scheming to defraud Astor. (AP Photo/ Louis Lanzano)
For more info:
Estate of Denial on the Brooke Astor estate (Sept. 29, 2008)
Estate Looting of the Rich and Famous (and How It Can Happen to You) (Nov. 18, 2008)
Grave Robbing Affects More than Astor-nomical Estates (April 29, 2009)
The Sound of (Legal) Silence (June 14, 2009)
Brooke Astor estate looting trial again delayed (July 8, 2009)
Medical, financial industries open to public discourse, legal profession not so (July 15, 2009)
Disputes affect more than Astor-sized estates (Aug. 5, 2009)
Astor trial nears an end, offers lessons for estates of all sizes (Sept. 22, 2009)
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