NY Judge Avoids Jail, Resigns Bar
Over Handling Aunt's Money

By Daniel Wise
New York Law Journal
New York Lawyer
April 23, 2008

Michael J. Garson, a former Supreme Court justice in Brooklyn, pleaded guilty yesterday to a misdemeanor with a promise of no jail time, resolving charges that could have landed him in jail for five years.

County Court Judge John L. Case of Nassau County promised Mr. Garson no jail time on two conditions: that he resigns from the bar and that he pays the final $48,000 in restitution ordered by a Manhattan judge for his mishandling of an elderly aunt's finances.

During yesterday's court proceeding Mr. Garson made both the $48,000 payment and delivered a letter of resignation from the bar to a representative of the disciplinary committee for the Appellate Division, Second Department.

Under the terms of the plea deal, which was recommended by the Brooklyn District Attorney's Office, Mr. Garson pleaded guilty to a single count of third-degree possession of a forged instrument, a class A misdemeanor punishable by a maximum of one year in jail.

In a statement announcing the plea, Brooklyn District Attorney Charles J. Hynes said Mr. Garson had cooperated "in a confidential investigation."

The district attorney three years ago unveiled an indictment accusing Mr. Garson, who was a Supreme Court justice for a full 14-year term ending in 2006, of stealing more than $160,000 from his aunt, Sarah Gershenoff, while managing her financial affairs under a power of attorney.

Under the top count of a four-count indictment, second-degree grand larceny, Mr. Garson could have been sentenced to a maximum of five to 15 years in prison if convicted. He was also accused of two counts of second-degree possession of a forged instrument and offering a false instrument for filing in the first degree.

Michael F. Vecchione, chief of the Brooklyn district attorney's rackets division, said yesterday in an interview that Mr. Garson had not forged the power of attorney but was aware it had been forged to expand his authority to permit unlimited fund transfers. Before the change, he was limited to making transfers of $10,000 a year.

Under the power of attorney, both Mr. Garson and his first-cousin, Gerald P. Garson, an ex-Brooklyn justice who is in prison on a three-to-10 year term for bribery, were authorized to manage Ms. Gershenoff's finances. Michael Garson, however, took primary responsibility for handling her money.
The restitution requirement related to a 2003 order by Manhattan Justice Walter B. Tolub, who found that Mr. Garson had breached his fiduciary duty to Ms. Gershenoff by failing to adequately document $163,000 in expenditures he had made from her funds.

Although the grand larceny charge was dropped as a part of the plea deal, Mr. Vecchione said Mr. Garson had used the power of attorney to purchase "many things unrelated to Sarah Gershenoff's care."

Mr. Garson's lawyer, Ronald J. Aiello, said that Mr. Vecchione's suggestion that Mr. Garson used Ms. Gershenoff's funds for personal use is "absolutely outrageous and I challenge him to come forward with any evidence" to support that assertion.

Mr. Aiello is a former Supreme Court justice, who was the administrative judge of the court in Brooklyn and Staten Island from 1991 through 1995.

With yesterday's $48,000 payment, Mr. Garson has repaid Ms. Gershenoff a total of $219,000, reflecting the $163,000 ordered by Justice Tolub plus interest. Ms. Gershenoff who was 94 when the indictment was issued in May 2005, has since died. She had worked for 50 years as a legal secretary at Rosenman Colin, which has since merged to become part of Katten Muchin Rosenman.

The $48,000 payment will flow through the residuary clause of Ms. Gershenoff's will, with the result that Gerald Garson will receive $24,000.

Because Michael Garson waived all interest he had in Ms. Gershenoff's estate, with the result that each of his two brothers will receive half of the remaining $24,000, it was unclear whether Gerald Garson received any additional funds from the payments Michael Garson made as restitution.

The New York Daily News reported in June 2006 that during the probe of Gerald Garson, investigators had recorded the now-convicted judge saying, "Half of whatever [Michael Garson] took, if [Ms. Gershenoff] were to die tomorrow, half of what he took is mine."

Evidence developed during the probe of Gerald Garson prompted the investigation into Michael Garson's handling of Ms. Gershenoff's finances, Mr. Vecchione said yesterday.

Cooperation Reported

Although Michael Garson was indicted in November 2004, the indictment was not made public until six months later. Mr. Vecchione said Mr. Garson had cooperated past the May 2005 indictment announcement, but would not comment further.

The Daily News reported in October 2005 that while the announcement of the indictment was delayed, Mr. Garson secretly taped conversations he had with former Justice Howard A. Ruditzky of Brooklyn in an attempt to prove Mr. Ruditzky had paid money to win his 2001 nomination for Supreme Court.

Mr. Ruditzky's lawyer, Sheldon Eisenberger, told the Daily News that his client denied the allegations. Mr. Ruditzky resigned from the bench last October citing health reasons.

Michael Garson was elected to the bench in 1992 and served a full term but decided not to seek re-election in 2006. The Court of Appeals had ordered Mr. Garson suspended with pay in May 2005.

Prior to being elected to the Supreme Court, Mr. Garson was a Democratic Party district leader from South Brooklyn. Since leaving the bench, he has been engaged in private practice.

NY Judge Who Reportedly Offered to Wear Wire
to Set Up Colleague Sees Plea Deal Evaporate

By Daniel Wise
New York Lawyer
New York Law Journal
June 14, 2007

With plea negotiations at a standstill, Acting Justice William C. Donnino yesterday set Oct. 1 for the start of the trial of former Brooklyn Justice Michael J. Garson on charges that he stole $287,500 from his elderly aunt.

Sources report that Mr. Garson, who did not seek re-election last November, had entered into a cooperation agreement which provided that he would, at most, be required to plead to a misdemeanor if his cooperation produced an indictment.

Those sources said Mr. Garson wore a wire in conversations with Justice Howard A. Ruditzky in an effort to prove that Justice Ruditzky had bought the Democratic Party nomination for his judgeship.

Mr. Garson's lawyer, former Brooklyn Justice Ronald J. Aiello, however, was reportedly angered because the Brooklyn District Attorney's Office allowed Justice Ruditzky to claim immunity, thereby blocking Mr. Garson from producing the indictment needed to fulfill his end of the cooperation agreement.

Prosecutors had insulated Justice Ruditsky from indictment, sources said, by allowing him to testify before a grand jury without a waiver of immunity.

More recently, the sources said, Mr. Aiello spurned a plea offer that would have required Mr. Garson to plead to a felony with a promise of no jail time. The felony plea, unlike a misdemeanor plea, would have required Mr. Garson to give up his law license.

Justice Ruditzky's lawyer, Sheldon Eisenberger did not return a telephone call seeking a comment but on prior occasions has told the Daily News that reports that his client paid money for the Democratic Party nomination are "absolutely false."

Mr. Aiello declined to comment with regard to any cooperation agreement that "may or may not have entered," but said that "from day one our position has been that Michael Garson would not plead guilty to any crime whatsover because he is not guilty of any crime whatsover."

Disgraced Judge's Cuz Kos Plea Deal

By Nancie L. Katz
Daily News Staff Writer
June 11, 2007

Ex- Supreme Court Justice Michael Garson

His cousin - and fellow judge - was tried and convicted of bribery and sentenced last week to hard time.

But that hasn't stopped indicted ex-Supreme Court Justice Michael Garson from taking a risky roll of the dice in the same courthouse.

Garson, who faces up to 15 years behind bars if convicted of looting his elderly aunt's fortune, was expected to tell prosecutors last week that he'd accept a deal that let him plead guilty to the felony but get no jail time, sources said.

But Michael Garson - cousin of disgraced former divorce Judge Gerald Garson - rejected the offer, which would have meant he'd lose his law license, his lawyer told the Daily News.

"Judge Garson has turned down any offer to plead guilty to any crime whatsoever," lawyer Ronald Aiello said. "Judge Garson is not guilty of these charges and looks forward to a trial date after the summer."

On Tuesday, in a packed Brooklyn courtroom, Gerald Garson gave a tearful apology before being sentenced to three to 10 years behind bars for taking cash, cigars and free meals from a crooked lawyer in exchange for giving him lucrative appointments and fixing cases.

A judge has allowed him to remain free, pending his appeal.

In December, his cousin, Michael, was betting he'd get a reprieve from Brooklyn District Attorney Charles Hynes in exchange for his undercover work in a judicial corruption probe. Prosecutors indicated they would drop all charges, sources said, and Michael Garson, 62, retired on Dec. 31 and went into private law practice.

Michael Garson wore a wire during conversations with fellow Justice Howard Ruditzky after telling prosecutors that Ruditzky paid deposed Brooklyn Democratic Party Chairman Clarence Norman $100,000 to get on the bench. Ruditzky and his lawyer have denied the charge.

Michael Garson was indicted in 2004 for illegally dipping into $1 million in savings that belonged to his ailing aunt, Sarah Gershonoff, to cover stock market losses.

Hynes kept the indictment secret for six months while Michael Garson cooperated in the DA's judgeship-for-sale probe. Hynes' office declined to comment last week on the case.

Disgraced Judge Won't Be Charged

By Nancie L. Katz
New York Daily News
December 21, 2007

A Brooklyn judge accused of looting his elderly aunt's fortune will soon be off the hook for criminal charges, the Daily News has learned.

State Supreme Court Justice Michael Garson, under indictment for grand larceny, gets to retire and go into private law practice under a deal with Brooklyn district attorney's office, according to several sources.

Garson earned the reprieve from District Attorney Charles Hynes because of the undercover work he did in Hynes' ongoing investigation into judicial corruption, the source said.

"His indictment gets dismissed and he gets to retire and get his pension," said a source familiar with the case.

Garson, 60, wore a wire during conversations with fellow Justice Howard Ruditzky after Garson told prosecutors that Ruditzky paid deposed Brooklyn Democratic Party Chairman Clarence Norman $100,000 to get on the bench.

Ruditzky and his lawyer have repeatedly denied the charge.

Garson, who was indicted in 2004, was facing up to 15 years in prison for illegally dipping into a $1 million in savings that belonged to his ailing aunt, Sarah Gershonoff.

He allegedly used the money to make up for stock market losses, according to prosecutors.

Hynes' kept the felony indictment secret for six months while Garson cooperated in his judgeship-for-sale probe.

This week, the district attorney's office declined to comment on the case, and it's unclear whether Garson's spadework will lead to indictments.

Garson's attorney, Ronald Aiello, confirmed the judge is retiring Dec. 31. But he indicated the criminal case is ongoing.

"Our trial date is Feb. 1," he said. "The judge is stepping down when his term ends. He voluntarily did not run for reelection and plans to return to private practice on Jan. 1."

Earlier this year, Hynes dropped grand larceny charges against Norman's top aide, Jeffrey Feldman, after Feldman agreed to testify against his boss.

Sources said Feldman was prepared to offer testimony that backed up Garson's allegations involving Norman and Ruditzky.

Norman, already sentenced to two to six years for felony campaign corruption, faces trial on Jan. 23 for allegedly coercing two judicial candidates to hire party vendors in exchange for his endorsement.

In addition to stepping down as Democratic chairman, he was forced to give up his seat in the state Assembly.

http://www.nydailynews.com/news/local/story/481878p-405589c.html

"NY Judge Loses Latest Bid to Dismiss Charges"

New York Law Journal
February 10, 2006
By Daniel Wise

Brooklyn Supreme Court Justice Michael J. Garson's omnibus motion to dismiss the grand larceny and forgery charges against him was denied yesterday by Justice William C. Donnino.

However, new facts about the case came to light in the prosecution's bill of particulars, which reveals that the prosecution contends that Justice Garson, who has been suspended with pay, used a power of attorney to steal $287,500 from his elderly aunt, Sarah Gershenoff. In arriving at
that figure, the prosecution analyzed $401,000 in transfers over a four-year period ending in 2000 from Ms. Gershenoff's accounts to an account belonging to Justice Garson and his wife at Chase Bank.

The bill of particulars also makes clear that in the forgery counts, Justice Garson is being accused of altering the power of attorney his aunt gave him to increase his authority to transfer her assets from
$10,000 a year to an unlimited amount.

Both sides asked for a three-month adjournment, but Justice Donnino set the next court date for March 30.

Paycheck Break for Suspended Judge

By Zach Haberman
New York Post
May 21, 2005

Beleaguered Brooklyn Judge Michael Garson may be barred from sitting on the bench, but the state's highest court said yesterday that he should still be paid.

The Court of Appeals ruled that Garson indicted last week on grand-larceny charges for allegedly pilfering money from his elderly aunt would remain suspended from presiding over cases, but could still claim his $136,000 annual salary.

Garson's lawyer, Ronald Aiello, filed a letter with the court claiming the judge has to pay $4,000 a month to his aunt's guardian, as well as the tuition MICHAEL GARSON or his son's private college and the cost of his
Grand-larceny rap. daughter's wedding in August.

A Manhattan judge ruled last year that Garson who allegedly forged a power of attorney for his 94-year-old aunt, Sarah Gershenoff, and then stole hundreds of thousands of dollars from her had to pay her back $163,000.

"The judge is very pleased," Aiello said. "He'll be able to move ahead without worrying where his next dime is coming from."

Meanwhile, Garson's cousin, state Supreme Court Justice Gerald Garson of Brooklyn, is also on suspension, the result of a 2003 criminal indictment on bribery charges related to alleged divorce-fixing.

He isn't being paid because the charges against him related to his duties on the bench.

High Court Suspends Judge Accused of Bilking His Aunt

By Michael Cooper
The New York Times
May 21, 2005

ALBANY, May 20 - A Brooklyn judge who was charged with bilking an elderly aunt of $163,000 was suspended with pay on Friday by the state's highest court.

The Court of Appeals ruled unanimously to suspend the judge, Michael J. Garson of State Supreme Court in Brooklyn. Mr. Garson is accused of taking $163,000 from an aunt, who is now 94, when he held her power of attorney.

The court allowed Mr. Garson to continue drawing his $136,700-a-year salary. Mr. Garson's lawyer, Ronald J. Aiello, had written to the court saying he would not challenge the suspension, but urging the court to allow Mr. Garson to continue receiving his pay.

"It's unfortunate that he is suspended," Mr. Aiello said in an interview on Friday, "but he understands what the rules are, but he is very happy that the Court of Appeals decided to suspend him with pay."

Mr. Garson has denied any wrongdoing. A civil court has ordered him to repay his aunt, Sarah Gershenoff, the $163,000 he has been unable to account for.

Mr. Aiello argued in his letter to the Court of Appeals that Mr. Garson would face financial difficulties if his pay were docked as part of the suspension, in part because he is "straining to pay" his aunt $4,000 a month. The letter states that Mr. Garson still owes her a balance of $90,000, and that he also has to pay for his son's college education and his daughter's forthcoming wedding.

The lawyer's letter notes that the court usually suspends judges without pay only if the charges against them relate to their official duties. The court would not comment on why Mr. Garson was allowed to continue being paid.

Mr. Garson's cousin, Gerald P. Garson, a former State Supreme Court justice in Brooklyn, is awaiting trial on charges that he accepted bribes in divorce cases.

Paycheck Break for Suspended Judge

By Zach Haberman
New York Post
May 21, 2005

Beleaguered Brooklyn Judge Michael Garson may be barred from sitting on the bench, but the state's highest court said yesterday that he should still be paid.

Garson's lawyer, Ronald Aiello, filed a letter with the court claiming the judge has to pay $4,000 a month to his aunt's guardian, as well as the tuition for his son's private college and the cost of his daughter's wedding in August.

"The judge is very pleased," Aiello said. "He'll be able to move ahead without worrying where his next dime is coming from."

He isn't being paid because the charges against him related to his duties on the bench.

Suspended Judge to Keep Paycheck

New York Daily News
News Staff Reports
May 21, 2005

Embattled Brooklyn Supreme Court Justice Michael Garson has gotten his wish: He'll be paid while suspended.

The state Court of Appeals issued a ruling yesterday that lets the judge collect his $136,000 annual salary while not working. Garson was suspended after being indicted last week for allegedly looting his elderly aunt's $1 million fortune.

His lawyer had written the court that Garson must now cover the cost of the aunt's care, pay his son's private college tuition and write the checks for his daughter's August wedding - and that he couldn't do it without his salary.

The lawyer pointed out that Garson's alleged misdeeds weren't related to his job.

Suspension ' With Pay' For Brooklyn Judge

Associated Press
1010Wins
May 20, 2005

ALBANY, N.Y. -- The state Court of Appeals on Friday ordered the
continued suspension, with pay, of state Supreme Court Justice Michael
Garson as he battles a grand larceny indictment stemming from charges he
illegally took money from an elderly aunt's bank account.

The Brooklyn judge has been suspended from the bench since the indictment
was handed down last week.

The state's highest court could have ordered Garson's suspension be
without pay, but his lawyer argued that would be unfair because the
charge does not involve his judicial duties.

In a Tuesday letter to the high court, Garson's lawyer noted that the
suspended judge faces private college tuition bills for a son, August
wedding costs for a daughter and $4,000-a-month payments to his aunt's
guardian.

In late 2003, Garson was ordered by a Manhattan judge to pay $163,000 to
the guardian. That ruling was upheld last month by a midlevel state
appeals court.

Garson's cousin, state Supreme Court Gerald Garson of Brooklyn, is also
on suspension because of a 2003 criminal indictment. Gerald Garson faces
felony bribery charges in connection with allegations in divorce-fixing
cases. He was suspended without pay by the Court of Appeals because the
charges against him did relate to his official duties as a judge.

Embattled NY Judge Requests Suspension With Pay

New York Lawyer
May 19, 2005
By John Caher
New York Law Journal

Facing college tuition expenses for his son, wedding expenses for his daughter and a $4,000 monthly debt to an elderly aunt he is alleged to have defrauded, Brooklyn Supreme Court Justice Michael J. Garson is pleading with the Court of Appeals to suspend him with pay.

Justice Garson was indicted earlier this month on grand larceny and forgery charges in connection with the alleged theft of $163,000 from his 92-year-old aunt. It is alleged he exploited his power of attorney to steal from her.

As a result, the Court of Appeals on May 13 alerted Justice Garson that it was considering suspending him while the matter is pending.

On Tuesday, Justice Garson's attorney, Ronald J. Aiello, responded, advising the Court that he will not contest a suspension while urging that the embattled judge remain on the payroll.

Supreme Court judges are paid $136,700 annually.

Mr. Aiello observed that the Court of Appeals normally suspends judges without pay when the criminal allegations relate to official duties. Here, he said, the charges have nothing do to with judicial responsibilities.

Judge Denies Ripped off Aunt

By Nancie L. Katz
New York Daily News
May 13, 2005

Brooklyn Supreme Court Justice Michael Garson pleaded not guilty yesterday to looting his elderly aunt's fortune - charges that could land him up to 15 years behind bars.

A subdued Garson was arraigned on a four-count indictment in the same courthouse where he works. He is accused of forging a power-of-attorney to plunder the assets of 94-year-old Sarah Gershenoff, a retired legal secretary.

Brooklyn District Attorney Charles Hynes said the evidence shows that Garson took the money to cover his own stock market losses.

State court officials immediately suspended the 60-year-old jurist and summoned a Long Island judge for his arraignment. The judge, William Donnino, released Garson without bail.

Gershenoff, ailing and broke, lives in a Sheepshead Bay, Brooklyn, apartment with round-the-clock attendants.

Garson surrendered to authorities six months after a grand jury voted to indict him for grand larceny, possession of a forged instrument and offering a false instrument.

Hoping to stave off any charges, the judge was secretly aiding Hynes in an ongoing probe of judicial corruption in Brooklyn, according to a knowledgable source.

Garson's cousin, suspended Brooklyn judge Gerald Garson, was indicted two years ago on bribery charges.

Yesterday, Hynessaid he expected to empanel a new grand jury to continue his probe.

Defense attorney Ronald Aiello repeated Garson's claim that he was following his aunt's wishes to deplete her assets for Medicaid estate planning.

"When this is over, Judge Garson will be fully exonerated," Aiello said.

Judge Indicted on Charge of Taking Aunt's Money

By Andy Newman
The New York Times
May 12, 2005

A Brooklyn judge accused of siphoning money from his elderly aunt's assets has been indicted on charges of grand larceny and forgery, a law enforcement official said yesterday.

The judge, Michael J. Garson of State Supreme Court in Brooklyn, has been unable to provide receipts for $163,000 of his aunt's money that he withdrew while he had power of attorney over her. He is already under court order to repay the money.

"We believe he took it so he could cover some debts," said the law enforcement official, who spoke on the condition of anonymity. He added that Justice Garson had large losses in the stock market in 2000 and had filed a "doctored document" with the courts that gave him more control over the aunt's money than the power of attorney provided.

Justice Garson, 60, has claimed that the missing money went to cover his aunt's living expenses. His lawyer, Ronald J. Aiello, declined to comment yesterday on any potential charges against his client, who, according to the law enforcement official, has been ordered to surrender this morning.

Justice Garson, who has been on the bench since 1992 and hears civil cases, becomes the second Garson to be charged with a felony while sitting as a Supreme Court judge. His cousin Gerald P. Garson is awaiting trial on charges of receiving bribes in divorce cases.

The aunt, Sarah Gershenoff, a retired legal secretary who is now 92, gave Michael and Gerald power of attorney in 1997, putting Michael in control of her checkbooks.

In 2000, a niece of Ms. Gershenoff's complained that money was missing from her accounts. When Gerald was confronted by investigators in 2003 with evidence of his bribe-taking, he sought leniency by implicating Michael in the theft of his aunt's accounts, lawyers involved in Gerald's case have said.

Ordered to account for the aunt's money by a judge in Manhattan, Michael Garson could not supply receipts for $163,000. He testified that about $95,000 of the missing money went for restaurant meals for Ms. Gershenoff and her health aide. But the Manhattan judge found Michael's cash-flow analysis "fundamentally flawed" and ordered him to repay the $163,000. Michael lost an appeal of that decision last month.

The law enforcement official said that a grand jury voted to indict Justice Garson, who is still sitting, in November, but that the Brooklyn district attorney, Charles J. Hynes, declined to file the indictment until yesterday because Justice Garson had been cooperating with his office.

Judge to Give up in Aunt Theft

By Zach Haberman
New York Post
May 12, 2005

An embattled Brooklyn judge is expected to turn himself in this morning to face charges that he pilfered thousands of dollars from his elderly aunt's estate, The Post has learned.

Michael Garson will be fingerprinted and have his mug shot taken when he surrenders to the Brooklyn DA on grand-larceny charges, a source said.

After he is processed, he will be taken across the street to Brooklyn Supreme Court where he presides over cases to be arraigned.

Garson allegedly stole $163,000 from his 92-year-old aunt Sarah Gershenoff's estate.

He and his cousin, disgraced Brooklyn Judge Gerald Garson, took over Gershenoff's financial affairs in 1997 after she gave them power of attorney.

The pair then withdrew more than $600,000 of the retired secretary's cash. They said they "gifted" almost $350,000 to themselves and other family members and spent another $80,000 on Gershenoff, authorities said.

An appellate court recently ordered him to pay back the ill-gotten funds.

Gerald Garson who has been charged in an unrelated bribery case is not expected to be indicted in connection with his aunt's money.

B'klyn Judge to Be Indicted

By Nancie L. Katz
New York Daily News
May 4, 2005

Another Brooklyn judge will be indicted next week, this one for allegedly looting his elderly aunt's fortune, the Daily News has learned.

Brooklyn District Attorney Charles Hynes intends to file a grand larceny charge against Supreme Court Justice Michael Garson - six months after a grand jury voted to indict the jurist, according to a source familiar with the case.

The panel was ready to nail Garson in November, but Hynes put the indictment on hold after the judge offered to aid Hynes' probe of judicial corruption, sources said.

But with the indictment imminent, it's unclear if Garson came up with any useful evidence.

"They're going to file the indictment next week," said one knowledgeable source, who added that the judicial corruption probe continues. Hynes' office declined to comment.

Garson lawyer Ron Aiello said he didn't know about criminal charges.

For more than a year, Hynes probed charges that Garson altered a power of attorney agreement that his aunt Sarah Gershenoff, 91, signed in 1997.

The move allowed him and his cousin, Brooklyn Supreme Court Justice Gerald Garson, to allegedly plow through almost $600,000 of her money. Michael Garson told the grand jury that his aunt asked him to deplete her assets for estate planning.

Gerald Garson has not been charged in the alleged fraud, but is under indictment for taking bribes to fix divorce cases.

Judicial Watchdog Must Wake Up

Editorial
New York Daily News
April 24, 2005

The state Commission on Judicial Conduct has a chance to redeem itself from the sin of allowing to remain on the bench two judges guilty of serious ethical breaches. A third judge, Brooklyn Supreme Court Justice Michael Garson, is now in its sights, and the panel needs to strip the robes from this jurist for his remarkably relaxed approach to handling money that's not his.

More specifically, the commission should end Garson's judicial career over the unaccountable disappearance of $163,000 that belonged to an elderly, incapacitated aunt over whose affairs he held power of attorney. No one knows what Garson did with all the dough. Lacking receipts, an appellate court last week refused to credit his story of spending it on restaurant meals for the woman in her 90s. Lots of restaurant meals, presumably.

Whatever happened to the cash, the Appellate Division ruled that Garson failed to fulfill his fiduciary obligation to keep track of his aunt's nest egg and quite rightly ordered him to repay her. The decision was a long time coming - Garson's malfeasance was exposed two years ago - and served as a reminder that he has maintained his position without sanction for just as long.

The commission has been well aware of Garson's shenanigans and, last spring, it forwarded evidence of potential criminal wrongdoing to Brooklyn District Attorney Joe Hynes, who had empaneled a grand jury months earlier. Then, as is traditional, the commission sat back to wait for the DA to act. And wait and wait. Hynes, for reasons unknown, hasn't acted. And Garson continues to preside over cases.

His presence in a courtroom is a scandal. As were the commission's recent decisions to allow Manhattan Justice Diane Lebedeff and Westchester Family Court Judge Nilda Morales Horowitz to stay on the bench. Lebedeff had sat in judgment on a close pal's trial. Horowitz had tried to influence two cases on behalf of friends. Both warranted dismissal, but the commission merely censured them.

Now, Garson deserves to be dispatched quickly. It's unfortunate that Albany lawmakers haven't granted the judicial conduct commission the power to suspend him immediately, pending proceedings aimed at removing him from office. So instead Garson will continue to dispense justice and cast the entire judiciary into disrepute.

Judge Must 'Aunty Up' $163,000

By Dareh Gregorian and Zach Haberman
New York Post
April 21, 2005

An embattled Brooklyn judge has lost his bid to get out of repaying his elderly aunt $163,000 he took from her bank accounts.

In a unanimous decision, the state Appellate Division agreed with a lower court that Brooklyn Supreme Court Justice Michael Garson "breached fiduciary duties to his elderly and incapacitated aunt by failing to keep appropriate records of his withdrawals from her accounts."

Garson and his cousin, Brooklyn Judge Gerald Garson, who faces bribery charges in an unrelated case, took over their 92-year-old aunt Sarah Gershenoff's financial affairs in 1997, when she gave them power of attorney over her bank accounts.

The pair then withdrew more than $600,000 of the retired secretary's cash. They said they "gifted" about $350,000 to themselves and other family members and spent about another $80,000 on her expenses.

Michael Garson said he spent the rest of the cash $163,000 on his aunt, including $70 a day on her food. He had problems proving those claims because he didn't keep the proper and legally required records.

Garson's "failure to produce contemporaneous records of the cash payments" made him liable for the entire $163,000 plus interest, said the appellate decision.

Garson didn't return a call for comment. The Brooklyn District Attorney's Office has been investigating the "gifts" and allegations that some of Gershenoff's signatures were forged.

NY Judge Accused of Theft Testifies

By Daniel Wise
New York Lawyer
New York Law Journal
October 20, 2004

Brooklyn Justice Michael J. Garson made a second and final appearance yesterday before a grand jury investigating whether he stole hundreds of thousands of dollars from his elderly aunt, sources report.

Justice Garson has contended he acted properly under a power of attorney his aunt gave him to spend down her assets so she could qualify for Medicaid.

Sources said that Justice Garson's appearance yesterday indicated the grand jury is close to finishing its work and that a vote on an indictment will be taken soon.

Garson Fingers Cousin to Jury

By Nancie L. Katz
New York Daily News
September 22, 2004

In an impassioned plea to a grand jury deciding whether to indict him, Justice Michael Garson blamed his cousin and his cousin's wife - both judges - for forging a document that could show they were allowed to spend all his elderly aunt's fortune.

Brooklyn District Attorney Charles Hynes is seeking to indict Garson for felony forgery and larceny for allegedly bilking Sarah Gershenoff, now 91, of hundreds of thousands of dollars.

Hynes began investigating last year whether Michael Garson altered a power of attorney signed by Gershenoff in March 1997 that gave him and his cousin - suspended Judge Gerald Garson - unfettered access to her nearly $1 million fortune.

Within three years, Gerald Garson - who had been indicted for bribery - and Michael Garson spent nearly $600,000. Gershenoff is now broke. Gerald Garson's wife, Civil Judge Robin Garson, is Gershenoff's personal guardian.

Prosecutors contend Garson stole from the aunt to cover stock market losses and then altered the document to show he was allowed to take as much money as he wanted.

But in nearly four hours of emotional testimony last week, Michael Garson told the grand jury that he was acting under a "legitimate" power of attorney and according to his aunt's wishes when he drained her accounts so she would qualify for Medicaid, sources familiar with his testimony said.

His attorney, Ron Aiello, said Garson presented an expert witness to explain how Medicaid estate planning worked.

"The only power of attorney he was aware of was legitimately executed, and he acted under that power of attorney," said Aiello. "He wasn't pointing fingers at anyone. He is not aware of anyone doing anything inappropriate and that anything inappropriate was done."

But sources familiar with the proceedings said that Hynes found the original 1997 document in which Gershenoff limits the men's access to her accounts.

Michael last week told jurors that in 2001, Gerald and Robin handed him a document he believed to be the original when a cousin filed a civil lawsuit alleging the trio looted the aunt, the source said.

"He was in there pointing the finger ... at Gerry and Robin," said a second source. "He's laid the blame on them."

Gerald and Robin Garson have contended they did nothing wrong. Yesterday, Robin Garson's attorney, Michael Washor, declined comment on Michael's testimony, saying she has not been charged with any wrongdoing.

"I have no idea what Michael said," he said.

This year, Robin - ordered by a judge to testify - told the panel Michael confessed several years ago that he took $100,000 to cover stock market losses and at another time, "tearfully" admitted taking "more" than was permitted under the 1997 agreement, according to sources.

Michael is expected to return next week to the grand jury, sources said.

Garson Cuz May Testify in E$tate Case

By Denise Buffa and Kati Cornell Smith
New York Post
September 22, 2004

Judge Michael Garson is expected to testify before a grand jury for a second time soon, in connection with the disappearance of cash from his elderly aunt's estate.

Garson has already been ordered by a civil-court judge to repay $162,000 to the estate of 92-year-old Sarah Gershenoff. Judge Walter Tolub found in December that Garson had breached his fiduciary duty while holding power of attorney over her assets for three years by failing to account for the missing money.

While sources told The Post that indictments were expected in the pending criminal investigation, Garson's lawyer, Ron Aiello, maintained his client would not be charged.

He said Garson had power of attorney over his aunt's estate and had properly spent down her assets to qualify her for Medicaid.

"He could have taken it all because he had no restrictions, but he did it the proper way," Aiello said.

Aiello said he called a Medicaid expert before the grand jury to back up the claim.

Gershenoff's case came to light after another relative reported that the elderly woman had complained that she suspected Michael Garson and his judge cousin were ripping her off.

Garson is the cousin of Brooklyn Judge Gerald Garson, who has been charged with accepting bribes in an unrelated divorce-rigging scandal.

Did Garson Steal from Aunt?
Not So, He'll Testify

By Melissa Grace
New York Daily News
August 18, 2004

Brooklyn judge Michael Garson is set to testify before a grand jury investigating allegations he stole his elderly aunt's fortune, his lawyer said yesterday.

Attorney Ronald Aiello said his client wants to take the witness stand and field questions from the district attorney and jurors in a bid to clear his name.

"He's going to tell the grand jury that the power of attorney he had was legitimately executed," Aiello said. "And, pursuant to its authority, he began to do what they call 'spend down' Sarah Gershenoff's assets in order to qualify her, at some future time, for Medicaid."

Sources said the embattled Brooklyn Supreme Court judge could face the grand jury - which has been investigating the case since April - as early as next week.

Aiello said Garson also is seeking to call Medicaid experts to testify that the way he spent the money is the "acceptable and preferred procedure."

Aiello said Garson spent Gershenoff's money by "gifting it to himself and others pursuant to his aunt's wishes."

District Attorney Charles Hynes' office yesterday would not comment on the grand jury proceedings.

Hynes is seeking to indict Garson on larceny and forgery charges for allegedly stealing money Gershenoff, 92, saved over 50 years as a legal secretary.

The prosecutor is investigating whether Garson altered a document signed by his aunt in 1997 giving him and his cousin, suspended Judge Gerald Garson, full access to Gershenoff's $1 million fortune.

Gerald Garson - who is under indictment for bribery in an unrelated case - and Michael Garson spent nearly $600,000 of Gershenoff's money within three years.

According to court records, the Garsons gave themselves $335,000 and had no receipts for about $200,000 in cash Michael Garson has testified he gave to his aunt to spend on food and restaurant meals.

Garson's Judge Wife Testifies

By Denise Buffa
New York Post
April 21, 2004

A Brooklyn judge - the wife of embattled Judge Gerald Garson - took the witness stand yesterday before a grand jury probing a third judge, her husband's cousin.

Judge Robin Garson testified before the grand jury considering the fate of Judge Michael Garson, who has been accused of bilking hundreds of thousands of dollars from an elderly aunt.

Robin Garson testified for about 21/2 hours regarding the appointment of a guardian for the aunt, a source knowledgeable about the case told The Post.

She declined to comment, referring all questions to her lawyer, Michael Washor, who said Garson had been subpoenaed but granted full immunity. He would not comment on her testimony, which was scheduled to continue next week.

The probe began after another cousin accused Gerald Garson - who was charged with taking a bribe from a lawyer during a divorce-rigging probe - and Michael Garson of obtaining a bogus power of attorney to seize control of their aunt's assets.

In court documents, Gerald Garson has said that his aunt had agreed to give him and Michael Garson power of attorney over her affairs once she became forgetful, and that Gerald and his wife would become the elderly woman's "health care agents."

All three Garsons denied any wrongdoing, but forfeited any right to handle the aunt's finances. Later, a Manhattan judge ordered Michael Garson to repay $163,000 to the aunt, Sarah Gershenoff, 91.

Garson Wife Set to Testify in Cuz Case

By Denise Buffa and Kati Cornell Smith
New York Post
April 20, 2004

The jurist wife of embattled Judge Gerald Garson is expected to testify today before a grand jury probing a third Brooklyn judge - her husband's cousin, The Post has learned.

Judge Robin Garson, who hears civil cases in Brooklyn, will be questioned by a panel considering criminal charges against Judge Michael Garson, who has been accused of bilking hundreds of thousands of dollars from an elderly aunt, a source said.

The Brooklyn DA's office declined to comment.

But the source said the DA has been probing whether Michael Garson, also a civil judge in Brooklyn, altered a document that gave him power of attorney over his aunt's finances.

No criminal charges have been filed against Michael Garson, who could not be reached for comment.

In December, a Manhattan judge ordered Michael Garson to repay $163,000 to his aunt, Sarah Gershenoff, 91. Judge Walter Tolub found Garson had breached his fiduciary duty while holding power of attorney over Gershenoff's assets for three years.

Gershenoff's case came to light after another relative reported the elderly woman said she suspected Michael Garson and his cousin - Gerald Garson, who's been charged with accepting bribes in an unrelated divorce-rigging scandal - were ripping her off.

Conduct Commission Opens Probe of Brooklyn Judge

Daniel Wise
New York Law Journal
January 21, 2004

Justice Michael J. Garson has been served with legal papers advising him that the Commission on Judicial Conduct has opened an investigation into how he has handled his elderly aunt's financial affairs, Alan M. Rocoff, a criminal defense lawyer who was acting as Justice Garson's spokesman, confirmed yesterday. Mr. Rocoff said Justice Garson will cooperate fully with the inquiry and ultimately be vindicated. In light of a Dec. 29 ruling from Manhattan Justice Walter B. Tolub ordering Justice Garson to return $163,000 to his aunt, Sarah Gershenoff, Mr. Rocoff said the commission was "clearly obligated" to open a probe. Justice Tolub, he noted, had made no findings that the funds had been improperly handled, but instead ordered the money returned because the judge failed to keep appropriate records. The Brooklyn District Attorney's Office is also reportedly investigating whether forgery was involved in the drafting of the power of attorney under which Justice Garson handled his aunt's funds from 1997 to 2000. ——

Michael Garson Breached Fiduciary Duty, Judge Says

Daniel Wise
New York Law Journal
December 30, 2003

Brooklyn Justice Michael J. Garson breached a fiduciary duty because he failed to keep appropriate records while managing the financial affairs of his elderly aunt under a power of attorney, a Manhattan judge ruled yesterday.

Because of the breach, Justice Garson must repay his 91-year-old aunt $163,000, Acting Supreme Court Justice Walter B. Tolub ruled.

Justice Garson's lawyer, Barry Elisofon, said yesterday the decision would be appealed because it is "logically inconsistent."

Yesterday's ruling was another blow for Justice Garson, who has been caught up in a media firestorm largely because of the indictment in April of his first cousin, Brooklyn Justice Gerald P. Garson, on charges that have since been upgraded to bribery.

Numerous news articles have reported that the Brooklyn District Attorney's Office has been examining how Justice Michael Garson handled the affairs of his elderly aunt, Sarah Gershenoff, who worked as legal secretary for 50 years at Rosenman Colin before it merged to become a part of Katten Muchin Zavis Rosenman.

A prosecutor from the Brooklyn office was present in Justice Tolub's courtroom throughout the hearing. News accounts have also asserted that Brooklyn prosecutors are examining whether a forgery was involved in the creation of the 1997 power of attorney that placed control of Ms. Gershenoff's financial affairs in the hands of the two Garson judges. Though both judges were named in the power of attorney, Justice Michael Garson acknowledged that for the most part he was in charge of handling her finances.

Justice Tolub, in ruling on a motion for the return of funds by Ms. Gershenoff's current court-appointed property guardian, hewed closely to the narrow legal question before him: whether as a fiduciary Justice Garson kept appropriate records. Although there was no suggestion of any wrongdoing on Justice Garson's part in the decision, the ultimate finding that he had "breached his fiduciary duty" left him as exposed as ever in the court of public opinion.

When Ms. Gershenoff executed the power of attorney on March 31, 1997, she had assets of approximately $750,000. Now, the current guardian, Robert Kruger, reports that with Ms. Gershenoff's monthly expenses exceeding her income by $4,000, depletion of her assets is "imminent."

During the 45 months the power of attorney remained active, Justice Garson presided over the withdrawal of approximately $600,000 from Ms. Gershenoff's various accounts.

About $350,000 of the withdrawals took the form of gifts, including $173,000 to Justice Michael Garson and $162,000 to Justice Gerald Garson. There was another $163,000 in withdrawals for which no documentation exists and which Mr. Kruger demanded be returned to Ms. Gershenoff.

Justice Tolub wrote in Matter of Gershenoff, 400941/01, that the gifts had been made to qualify her for Medicaid assistance in the future, a practice that has been sanctioned by the New York Court of Appeals. In any event, Justice Tolub wrote, Mr. Kruger, the property guardian, had raised no issue with respect to the gifts, and it was not before the court

The sole question, Justice Tolub wrote, was whether Justice Garson's failure to keep records of cash expenditures constituted a breach of fiduciary duty.

Justice Garson, in the absence of records, presented the testimony of an accountant that a cash-flow analysis of Ms. Gershenoff's expenses demonstrated that Justice Garson must have contributed about $8,000 of his own funds to meet her expenses.

'Flawed' Analysis

Justice Tolub, however, found the accountant's analysis to be "fundamentally flawed" because it was impossible to determine which expenses were paid in cash and which were paid in a traceable form, such as by credit card or check.

He pointed, for example, to a much debated point during the hearing, which was whether Justice Garson could be assumed to have given Ms. Gershenoff $70 a day in cash to cover the cost of meals for her and an aide.

The two sides stipulated that Ms. Gershenoff and an aide ate all their meals at restaurants. Justice Garson further contended that a $70 allowance for two is modest because it is less than the amount provided in Internal Revenue Service schedules.

Yet Justice Tolub noted that from the "few receipts" provided, "it appears that Ms. Gershenoff frequently used her American Express card to pay for some of her dining expenses."

"It is simply impossible for this court to determine with any degree of certainty how much of Ms. Gershenoff's expenses were paid for by check and how much was paid for in cash," Justice Tolub wrote. He concluded that Justice Garson had failed to establish "the legitimacy" of what he had done with Ms. Gershenoff's funds.

Mr. Elisofon, Justice Garson's lawyer, called the ruling "inconsistent" because all sides stipulated that Justice Garson had given Ms. Gershenoff cash to cover the cost of meals. While a "minor" portion of the restaurant bills may have been paid for by credit card, he said, Justice Garson received "no credit" for what amounted to more than $100,000 in restaurant expenses over nearly four years.

Mr. Elisofon also said it was unfair to fault Justice Garson for failing to turn over receipts to Mr. Kruger when no one questioned the judge's claim that he had given many receipts to a prior court-appointed guardian but had been unable to retrieve them after the guardian died.

              Justice Michael Garson Defends Handling
                                    of His Aunt's Assets

Daniel Wise
New York Law Journal
December 16, 2003

Under the watchful gaze of a prosecutor, Brooklyn Justice Michael J. Garson spent yesterday on the witness stand in Manhattan Supreme Court defending his handling of his elderly aunt's affairs.

A skilled and experienced witness, though a bit on overdrive, Justice Garson described how he spent down $750,000 in gifts and living expenses to qualify his 91-year- old aunt for Medicaid should she require nursing home care.

Justice Garson also forcefully defended his lack of receipts for more than $100,000 in expenditures, asserting, "Do you know my aunt?" It would be "ludicrous and embarrassing" to ask her for receipts to account "for how she spent her own money," he said.

Since May, a month after his cousin, Justice Gerald B. Garson, was arrested for charges that have since been upgraded to bribery, Justice Michael Garson has been the subject of negative publicity suggesting that he looted his aunt's estate. Numerous news stories have also reported that the Brooklyn District Attorney's Office is examining how he handled the power of attorney and whether the document itself was forged.

The hearing yesterday before Manhattan Justice Walter B. Tolub was substantially toned down from the overheated charges that were first reported in May, when documents were released from a family fight for control of the financial affairs and will of the aunt, Sarah Gershenoff. That suit was settled on terms largely favorable to the two justices, both of whom sit in Brooklyn.

Yesterday's proceeding focused on claims of Robert Kruger, a court-appointed guardian, that Justice Garson lacked documents to explain how he spent $163,000 of Ms. Gershenoff's money. Mr. Kruger took over control of Ms. Gershenoff's financial affairs as a part of the settlement of the lawsuit between the two Garson justices and a first cousin from California.

Under the October 2001 settlement, the cousin, Janice Tannen, abandoned an effort to have a court validate a will giving her one-third of Ms. Gershenoff's estate and a power of attorney giving her control of Ms. Gershenoff's finances.

Nonetheless, the Brooklyn district attorney has kept close tabs on the case, as was demonstrated by the presence of Assistant District Attorney Joseph DiBenedetto in the courtroom yesterday. Mr. Kruger revealed in an interview yesterday that the district attorney's office had given him a list of suggested questions. But, he added, he would not be the prosecutors' "cat's paw."

Nonetheless, a good portion of Justice Garson's testimony appeared directed at how he had engaged in an extensive gift-giving program that since 1997 has resulted in exhausting Ms. Gershenoff's assets, which were once about $750,000.

He went through checkbook records to itemize a pattern of gifts from Ms. Gershenoff to family members. Ms. Gershenoff was a legal secretary at Rosenman Colin for 50 years before its merger into Katten Muchin Zavis Rosenman. The gifts spanned several years before Justice Garson took over Ms. Gershenoff's financial affairs under the power of attorney.

However, more importantly, in testimony that seemed aimed at blunting any claim that a forgery was involved in the creation of the power of attorney, Justice Garson said that Ms. Gershenoff in her check records consistently printed her initials, S.G., the way they are found in the questioned power of attorney.

He also testified that he was not present when Ms. Gershenoff signed the power of attorney on March 31, 1997. The office manager from law firm Garson & Gerber, where Justice Gerald Garson was then practicing, obtained and notarized Ms. Gershenoff's signature, Justice Michael Garson said yesterday.

Though both Brooklyn justices were authorized to handle Ms. Gershenoff's finances in the power of attorney, Justice Michael Garson described himself yesterday as taking most of that responsibility.

The square-faced justice admitted several times to being "anxious" to get his side of the story out, and he made a powerful presentation, despite a few awkward moments.

He accidentily knocked over the water pitcher on the witness stand, and several times he ran ahead of his own attorney in offering information, prompting Justice Tolub to ask at one point, "Has anyone asked a question?"

Yet there was never any doubt that Justice Garson was in control. At one point he even managed to, in effect, put testimony from opposing counsel —— Mr. Kruger —— in the record when he noted, without objection, that Mr. Kruger had nodded in agreement with his testimony about Mr. Kruger's activities.

He also managed through vivid testimony and frequent hand movement to maintain interest in bone-dry testimony about the details of Ms. Gershenoff's finances.

At one point, explaining his lack of records in keeping Ms. Gershenoff's purse "chock-full" of money, he pulled out a handful of bills from his own pocket to explain that everyone needs some unaccountable spending money.

"I read two or three newspapers a day - I don't always like what they say; I'm a chocoholic; people have to have spending money," he said, explaining how he spends his pocket money.

Cross-Examination
On cross examination, Mr. Kruger exposed another area where Justice Garson acknowledged he had no records.

In attempting to undermine the $163,000 in withdrawals that Mr. Kruger said was undocumented, Justice Garson pointed to three withdrawals, each more than $10,000, which he described as gifts for the benefit of his mother. He said that the gifts from Ms. Gershenoff were put into his bank account, and he spent the money for his mother's benefit because she was Medicaid eligible.

When Mr. Kruger asked if he had records of what he had given his mother, Justice Garson said it would have been awkward to ask his mother for receipts.

Last week, an accountant hired by Justice Garson presented an analysis that contended that Ms. Gershenoff's living needs so exceeded her income as to demonstrate that any undocumented expenditures by Justice Garson must have been used for her benefit.

In fact, according to that analysis, when gifts Justices Michael and Gerald Garson made to their aunt are taken into account, they gave her $8,062 more than necessary to be even, the accountant, Howard Fein, testified.

                      Garson Aids Da Probe of His Nephew

By Kati Cornell Smith
New York Post
November 8, 2003

Disgraced Judge Gerald Garson has agreed to testify in a new grand jury probe into whether his nephew - another Brooklyn judge - bilked a small fortune from an elderly relative, The Post has learned.

Garson's lawyer Ronald Fischetti told The Post yesterday that he recently assured prosecutors that his client would testify whenever required, saying, "Subpoena him and he will testify truthfully."

Suspended from the bench since his arrest in April,
GERALD GARSON                   Garsonis awaiting trial on charges that he took bribes
Kin eyed in 200G "theft."       in exchange for fixing divorce cases.

His willingness to testify came to light yesterday as Brooklyn DA Charles Hynes, in a breakfast speech at New York Law School, revealed a second special grand jury has been convened in connection with his office's widening investigation into judicial corruption.

Sources said the new grand jury will hear evidence that supreme court Justice Michael Garson skimmed $200,000 from the estate of his 91-year-old aunt, Sarah Gershenoff.

Michael Garson's lawyer Alan Lashley said the allegations are "absolutely not true. There was no criminality."

Garson Cousin Probed

By Alisha Berger and Denise Buffa
New York Post
October 31, 2003

The Brooklyn District Attorney's Office is investigating whether a judge accused of bilking hundreds of thousands of dollars from his elderly aunt altered a document that gave him power of attorney over her finances, The Post has learned.

"Investigators are looking into the possibility that [Judge Michael] Garson might have forged a signature and added some alternate part of the document," one source said.

No criminal charges have been filed against the judge.
His civil lawyer, Barry Elisofon, said he could not
MICHAEL GARSON                       comment on a criminal matter and Garson could
Did judge scam aunt?                   not be reached for comment.

Yesterday, Elisofon tried to explain away in Civil Court nearly $200,000 missing from the accounts of the judge's 91-year-old aunt, Sarah Gershenoff, by telling a Manhattan judge she ate her way to financial ruin.

"Sarah ate out breakfast, lunch and dinner," Elisofon said, claiming she'd spend up to $100 a day on meals.

Gershenoff's case came to light after another relative reported the aunt suspected she was being ripped off by Garson and his cousin - Brooklyn Judge Gerald Garson, who has been charged with accepting bribes in an unrelated divorce-rigging scandal.

The relative charged that the aunt's initials had been forged on documents.

In court papers, Gerald Garson has said his aunt had agreed to give him and Michael Garson power of attorney over her affairs once she became forgetful.

Gerald Garson added that he and his wife, Judge Robin Garson - a third Brooklyn judge in the family - would become her "health-care agents."

Gerald Garson said the trio decided to use her money to give themselves presents to continue her "pattern of gift-giving."

All three Garsons denied any wrongdoing but forfeited any right to handle Gershenoff's finances.

Originally, the whistle-blowing relative accused Michael and Gerald Garson of looting their aunt's bank account of $500,000 - but $335,000 was spent on a medical plan for Gershenoff.

Bob Kruger, her court-appointed guardian, indicated that spending so much money on the plan might have been a mark of "stupidity" but not necessarily wrongdoing.

Probe Judge Family Plot

By Nancie L. Katz
Daily News
Friday, July 11th, 2003

The state's judicial watchdog agency is aggressively probing a Brooklyn judge accused of looting his elderly aunt's fortune, the Daily News has learned.

The Commission on Judicial Conduct could recommend the removal of Judge Michael Garson if it concludes he abused his power of attorney over the assets of Sarah Gershenoff, 91.

For more than 50 years, Gershenoff, a former law secretary, carefully built a nearly $1 million fortune for her retirement. She handed control of her assets to nephews Michael and Gerald Garson in 1997. By by the end of last year, barely $10,000 was left, and Michael Garson has yet to explain where the money went.

Now, Gershenoff's court-appointed guardian, Robert Kruger, is begging both judges for help to pay her bills, sources close to the case said.

Brooklyn District Attorney Charles Hynes, who indicted Gerald Garson for allegedly taking favors to fix divorce cases, is probing criminal allegations that Michael Garson looted his aunt's fortune to cover major stock market losses. He subpoenaed Michael Garson's income tax returns dating to 1997, a source said.

The commission is going after Michael Garson for possible ethical violations and abuse of his fiduciary obligations, according to a witness who has appeared before the commission. "They want him gone," said the witness, who requested anonymity.

Kruger declined to discuss the case but acknowledged that commission investigators interviewed him for more than two hours this week. Kruger has been trying to get Michael Garson to account for more than $600,000 he withdrew between 1997 and 2000.

Gerald Garson, and his wife, Judge Robin Garson - who is Gershenoff's personal guardian - also could face commission charges for allegedly failing to report Michael Garson's activities, a source familiar with the case said.

Politics Laid Bare: Success and Scandal in Family of Judges

By Andy Newman
New York Times
July 5, 2003

In southeast Brooklyn past Avenue D and Avenue J, where the roads run out of alphabet on their way to the sea, the Garson name is a familiar one in political circles. Since the 1970's, in and around Sheepshead Bay, a Garson, or the spouse of one, has run for one office or another more than a dozen times: local school board, State Democratic Committee, City Council or State Assembly.

By last year, the Garsons had hit a sort of political trifecta. Gerald P. Garson, a longtime lawyer for the taxi industry and former treasurer for an arm of the Brooklyn Democratic machine; his cousin Michael J. Garson, a former district leader; and Gerald's wife, Robin, a soldier in the party's corps of election lawyers, had scored what for years has been regarded as one of the great patronage plums in city politics: they were judges, holders of $125,000- or $135,000-a-year elected posts that often amount to lifetime appointments.

But the Garson family's story of political success has, in recent months, come to a sudden halt.

Gerald, 70, a State Supreme Court judge, has been indicted on charges that he accepted cash and other gifts as payment for preferential treatment. Michael, also a State Supreme Court judge, is being investigated by prosecutors for draining the bank accounts of a wealthy aunt, according to lawyers and others involved in the case. And investigators with the Brooklyn district attorney's office are looking at Robin's ascension to the Civil Court, those involved in the case said, and are reviewing financial records from her campaign, although no one has accused her of wrongdoing.

For prosecutors and others, the tale of the Garson family —— how three lawyers from the same family came to be prominent city and state judges only to become embroiled in scandal —— says much about the potential pitfalls of a judicial selection system in which political connections are, too often, paramount.

The Garsons have admitted no wrongdoing. All of them, through lawyers or court employees, said they would not comment for this article.

Certainly, many in the city —— from legal experts to prosecutors to government reformers —— say the system for selecting and electing judges has invited trouble for decades. Judges in New York are members of a courthouse world where most of them are Democrats who have done work for the party and who continue to socialize with the politicians who helped them and the lawyers from whose ranks they ascended.

Indeed, in Brooklyn, many veteran lawyers say, relationships are so entangled that dozens of judges and lawyers can hardly walk into a courtroom without confronting a potential conflict of interest.

"It's a very fraternal culture," said Fidel F. Del Valle, a former city taxi commissioner and a friend of Gerald Garson's. "These are guys who are running into each other every day at work, and after work they run into each other at restaurants and functions."

More than 10 years ago, the New York State Commission on Government Integrity concluded that the state's system for choosing judges was so dictated by political favoritism that it failed to even reasonably guarantee that those serving on the bench had the essential qualities of skill, independence and honesty.

Lawyer Family Fits the Mold

If, as prosecutors and other critics of the judicial selection process in New York suggest, political connections count for more than legal accomplishment, the Garsons appear to fit the mold of lawyers who tend to wind up as judges.

Gerald graduated from the University of Pennsylvania's law school, but his work as a lawyer chiefly involved defending taxi drivers and owners in negligence suits. Robin Garson, 49, Gerald's second wife and a graduate of Brooklyn Law School, handled cases involving the elderly and was a member of several county bar committees.

But according to several longtime lawyers in Brooklyn, she was not considered among the borough's elite legal minds.

Michael, 59, meanwhile, ran a neighborhood law office on Avenue U in Sheepshead Bay, handling