Jury awards $232,000 in Disbarred Attorney Scam
Table of Contents
Case Background
Plaintiff Michael LaBoy filed a civil action in the Supreme Court of the State of New York against Defendants Charles J. Diven, Jr. and Anna M. Diven. The case centered on a property sale transaction and alleged fraud.
The Plaintiff referred to the transaction as a fraudulent scheme. He characterized the Defendant Charles J. Diven, Jr., as a disbarred attorney. Mr. LaBoy alleged Mr. Diven had a storied history of financial misconduct. The alleged scheme targeted the Plaintiff, who was a first-time home buyer.
Cause
The Plaintiff alleged the lawsuit sought redress from a fraudulent scheme. This scheme was purportedly perpetrated by Mr. Diven, the disbarred attorney. The Complaint asserted that Mr. Diven's ruse scammed the Plaintiff out of substantial cash deposits. The deposits were for the sale of a property and construction repairs.
Mr. Diven allegedly made false promises to the Plaintiff. These promises included his ability and willingness to sell the property. He also promised to perform necessary construction repairs on the house. Crucially, he allegedly promised to hold all up-front monies in escrow until the closing.
The Plaintiff asserted Mr. Diven instead "bled" him of over $244,000. The Defendant bypassed the escrow requirement, the Plaintiff alleged. Diven falsely claimed the cash deposits were used to pay for construction work. The Plaintiff contended this work was either incomplete, fraudulent, or performed without necessary permits.
Injury
The core injury cla
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