Westchester County, N.Y., District Attorney Janet DiFiore announced that Kevin Hymes of North Castle, N.Y., pled guilty to two counts of Grand Larceny in the Second Degree, two counts of Grand Larceny in the Third Degree and one count of Scheme to Defraud in the First Degree relating to the theft of approximately $2 million.
Between Jan. 1, 2007, and June 27, 2012, Hymes, who was a real estate attorney with an office in White Plains, N.Y., defrauded several individuals and entities by making false representations in connection with real estate closings.
In March 2010, Hymes, while acting in his capacity as attorney for two clients in connection with the sale of real property, stole $318,453.33 by concealing the date and time of the real estate closing and by failing to forward the money.
Between May 20, 2010, and June 22, 2010, acting in his capacity as attorney for the seller of property, Hymes stole a $33,000 deposit from a prospective purchaser.
Between Nov. 8, 2010, and Nov. 9, 2010, Hymes, acting in his capacity as attorney for the seller of property, stole a $10,000 deposit from a prospective purchaser.
Between March 21, 2011, and April 13, 2011, Hymes, acting in his capacity as an attorney for the seller of property, stole $123,500 by failing to forward the deposit and by personally using the money.
Additionally, Hymes stole approximately $1.4 million dollars in his capacity as a closing agent for several banks.
On June 27, 2012, Hymes was arrested by investigators from the Westchester County District Attorney’s Office.
Following the guilty plea, DiFiore said, “This guilty plea holds this defendant accountable for fraudulent conduct that caused serious financial damage to his victims, who entrusted him with their personal affairs and bank accounts. He defrauded numerous clients regarding sales and purchases of multiple real estate properties throughout the metropolitan area. The public must have confidence that their sales and purchases are being honestly and ethically transacted, or as we have witnessed in the housing crisis that we are only now beginning to recover, the whole system will collapse.”
Hymes faces a maximum sentence of 15 years in state prison when sentenced on April 23.
He was convicted in the U.S. District Court for the Southern District of New York for conspiracy to commit bank and wire fraud charges in connection with a $58 million mortgage fraud scheme and was sentenced on Jan. 28, 2013.
His federal sentence will run concurrent to his state sentence. Hymes has been disbarred from the practice of law.
Assistant District Attorney Shara Abraham of the Public Integrity Bureau is prosecuting the case.