Denise Cooper, 54, West Harrison, New York was arraigned on one count of Grand Larceny in the Second Degree, a class â€œCâ€ Felony, relating to the theft of nearly $100,000 in excess foreclosure proceeds..
On January 10th, 2006, Cooper, an attorney, received approximately $312,000 on behalf of a client which represented monies received from a foreclosure sale of a home in Peekskill, New York. The monies were entrusted to Cooper as a result of a public auction of the home, which took place in November, 2005.
After the auction, the high bidder paid Cooper $312,000 for the home. Cooper then filed, with the Westchester County Clerkâ€™s Office, a Refereeâ€™s Report of Sale and Surplus Monies Affidavit in which she stated that the surplus monies remaining after payment of the outstanding mortgage, taxes and other expenses relating to the foreclosure, in the amount of $97,592.38 â€œremained on deposit with the Westchester County Commissioner of Finance.â€
Cooper allegedly did not deposit the surplus funds with the Westchester County Commissioner of Finance but instead used the funds owed to the original home owner to pay personal and business expenses without the knowledge or permission of the original home owner.
She faces a maximum of 15 years in state prison.