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NY Judge Accused of Theft Testifies By Daniel Wise 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. Judge: Aunt Told Me to Blow Her $$ Dareh
Gregorian An embattled Brooklyn judge took the witness stand in Manhattan yesterday, where he said he blew through his ailing aunt's fortune because that's what the nonagenarian wanted him to do. Michael Garson was testifying before Manhattan Supreme Court Justice Walter Tolub to explain what happened to an unaccounted $178,000 that belonged his aunt, Sarah Gershenoff. Gershenoff had close to $1 million in 1997, when Garson took control of her finances with his cousin, fellow Judge Gerald Garson, who's now embroiled in his own bribery scandal. Now she's almost broke. The Garsons have accounted for most of the missing cash, saying they spent the bulk of it on taking care of Gershenoff, while the rest of it went to continue the "pattern of gift giving" she'd maintained throughout the years. Michael Garson said they continued that pattern by giving "gifts" of tens of thousands of dollars to themselves. "She wanted to see me and Gerald use" her money, he said, and to get to her income down to "Medicaid level." Robert Kruger, the law guardian for the now-mentally incapacitated Gershenoff, wanted to question Garson under oath because he didn't have receipts to back his claims of what he spent on his aunt, as he was obligated to do. Kruger wants Garson to pay the unaccounted for cash back to Gershenoff. Probe Judge Family Plot By Nancie L. Katz 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. Another judge probed Also under scrutiny is Manhattan Justice Judith Gische. She is being investigated for possible ethical violations for failing to report allegations of criminal conduct against Michael and Gerald Garson, who were being sued by another family faction. Relatives accused them of illegally pocketing funds belonging to Gershenoff. Commission administrator Robert Tembeckjian declined comment. Michael Garson and his attorney did not return calls yesterday. Gerald Garson was unaware of any probe into his conduct, his lawyer said. Robin Garson also "has no knowledge," court spokesman David Bookstaver said.
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A Feast
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