Freelance Investigations Exclusive
The New York State Office of the Inspector General has opened an investigation after two separate complaints were made to them against Centereach attorney, Louis C. England.
Mr. England is currently under investigation by the New York State Inspector General's Office, according to a transcript obtained exclusively by Freelance Investigations. Mr. England admitted in June, 2013 in State Supreme Court in Central Islip that he was called in for several hours by investigators as far back as December of 2012 and that as far as he knew the investigation was ongoing.
Admitted to the Bar in 1969, Mr. England was the former President of the Suffolk County Criminal Bar Association in 1983 and President of the Suffolk County Bar Association in 1998. Mr. England was past director of both associations. Mr. England is also a member of the Tenth Judicial District Grievance Committee (until 2016) where people on Long Island would need go to complain about problems with attorneys.
Complaint Number One
The first complainant said Mr. England failed in his fiduciary responsibilities in her case, rehired an accountant not approved by the court after she had already fired him, failed to properly collect rents and to ensure the accountant paid the taxes in a timely manner causing financial penalties. She also said she was locked out of the building and business she is 50% owner of by her husband and although she asked the receiver to get a copy of the key, thus far Mr. England has failed to provide her with one.
According to Mr. England's own testimony while recounting his credentials in the courtroom of Supreme Court Judge John C. Bivona, "I was appointed by the Federal Court Judge Wexler as the attorney for a receivership that lasted approximately five years in the 90's and I have been a receiver since about in or about 1995." Mr. England responded to questions by Mr. Michael D. Solomon (of Solomon & Herrera of Levittown), attorney for the defendant/husband in this matrimonial case who will be known as Mr. X to protect his privacy in this matter and also from the attorney for the plaintiff, Mrs. X.
From the Voir Dire of Mr. England by Mr. Frank Blangiardo (Blangiardo & Blangiardo of Cutchogue), attorney for the plaintiff, Mrs. X.
Q. ( Mr. Blangiardo) And is it true sir, you were being investigated with regard to this very case by the New York State Inspector General?
Mr. Solomon: Your Honor, let me just object for Voir Dire purposes.
A. (Mr. England) Mrs. X...
THE COURT: Yes, but overruled.
A. (Mr. England) Mrs. X...
Q. (Mr. Blangiardo) Yes or no sir?
A. (Mr. England) Complained...
Q. (Mr. Blangiardo) Yes or no sir?
A. (Mr. England) ...to the Inspector General of the State of New York.
THE COURT: Excuse me, Mr. England. It's a yes or no question.
A. (Mr. England) Yes.
Mr. Blangiardo: Nothing Further.
THE COURT: Thank You. (end)
Later when under examination by the defendant's attorney, Mr. Solomon, the topic was again brought up to Mr. England.
Q. (Mr. Solomon) And did there come a point in time that some sort of complaint was filed against you by Mrs. X?
A. (Mr. England) I understand that Mrs. X has made complaints against various people and she had made a complaint to the Inspector General of the State of New York. I received a phone call from the investigator. I then went, in December of 2012 and I gave the investigator a complete breakdown of the receivership. I met with them for two hours. I met with the Inspector General herself and basically the --I don't know the status of it at this point in time, I have not heard from them, other than they had inquired as to a couple of, a couple of areas that Mrs. X had raised in the complaint. I did --on Friday evening about eight o'clock, was informed that a certain attorney in Suffolk County had received phone calls from Mrs. X. She is attempting to retain counsel to sue me, that I have destroyed her business. (end)
Mrs. X alleged to the Court and to the Inspector General that Mr. England did not fulfill his fiduciary responsibilities in this case and it was admitted for the record that Mr. England had hired back an accountant that Mrs. X had previously fired. As it turned out, the Inspector General informed Mrs. X that the accountant in the case was not even on the list of accountants approved by the court.
Mr. England for all of his own professed experience in "receiverships" expressed surprise that the accountant he rehired was even required to be on an approved list...
VOIR DIRE EXAMINATION OF MR. ENGLAND by Mr. Blangiardo
Q. With all your experience going back to Judge Wexler, as you talked about--
A. (Mr. England) Yeah.
Q. --in 1995 on some cases are you aware of the fact, or are you aware that accountants have to be on approved lists?
A. (Mr. England) I, I understand that they have created lists for everything, okay. I do not know whether, in fact, an --accountants are necessary to be on the approved list. (end)
In this case, the accountant had been fired by Mrs. X and Mr. England admitted he knew that but insisted he needed to rehire the accountant, Christopher Gargiulo, because he wanted him to do the taxes. Mr Gargiulo admitted under cross examination he was told by the husband to deduct over $45,000 dollars from the wife's K-1 account. When pressed about the issue under oath, Mr. Gargiulo admitted, "It may be an error" when he did that. Mr. Gargiulo also admitted he was not on the approved list of CPA's allowed to be hired by a court appointed receiver and said that he did not know why he had been fired by Mrs. X, a 50% owner of the building and business prior to being re-hired by Mr. England.
Mr. England complained that Mrs. X never gave him documents he needed to get tenants to pay rents, taxes and other expenses such as snow plowing and that the only person who told him she took the documents was her husband. Mr. X complained Mrs. X withheld documents, a charge Mrs. X has continually denied all throughout the case.
Mrs. X also noted that tax documents and bank statements were easily obtainable and that is how she got copies herself which she readily submitted to the attorneys and the court, according to her. She also contends that the files Mr. X said she had removed from the office were a mouse click away in a computer in the business she owns half of and was locked out of.
Mr. Blangiardo also questioned why Mr. England blamed missing documents for his failure to perform some fiduciary responsibilities. Mr. England admitted under oath that "Nobody has told me that she has the file except for Mr. X."
Then Mr. Blangiardo asked Mr. England what he knew about this alleged missing file...the color, the size...anything...He replied, "I don't know anything about the file. I was just told there was a file (that) exists and that Mrs. X removed that file with other files of (the business named). "
Pressed by Mr. Blangiardo, Mr. England again admitted for the record, the only person who told him Mrs. X took the file was Mr. X.
Calls to Mr. Gargiulo and Mr. England were not returned at time of publication. Each was also approached at the courthouse on the day they testified and given a business card with contact numbers of Freelance Investigations and asked to call to tell their side of the story. Neither called, nor returned a call to their office just prior to publication.
A SECOND INVESTIGATION OPENED BY THE INSPECTOR GENERAL'S OFFICE
Another formal complaint against Mr. England was made to the Managing Inspector General for Fiduciary Appointments this week by a woman we shall call Mrs Z. According to her:
Louis C. England failed in the performance of his duties by failing to do due diligence and by failing to abide by the laws and rules. Louis C. England breached his fiduciary duty when he unlawfully evicted (Mrs. Z) and the tenant and the son. Louis C. England breached his fiduciary duty when he stole (Mrs. Z's) house. (from the complaint to the New York State Inspector General dated August 1, 2013)
In this case, the complainant believes her eviction and the subsequent foreclosure of her home was done illegally and she has a video and a tome of documents and law to support her allegations, which she is supplying the Inspector General's Office at their request, according to her.
Anyone who has also had problems with Mr. England as a receiver should contact the New York State Inspector General's Office or leave a comment for this reporter. All comments and responses will be kept confidential and/or forwarded to the Inspector General upon request.
Inspector General's Office Contact Information:
Call:
1-800-DO-RIGHT (1-800-367-4448) (between the hours of 9:00 a.m. and 5:00 p.m)
Email:
inspector.general@ig.state.ny.us
On-line: Complete their On-line Complaint Form or
Write:
State Inspector General
Empire State Plaza
Agency Building 2, 16th Floor
Albany, NY 12223
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