Disbarred Lawyer Stole $50K From Westchester Real Estate Sale: DA

YORKTOWN, NY — A Hudson Valley real estate lawyer, who has already been disbarred, is now facing a criminal charge.

Westchester County District Attorney Susan Cacace says that a former Westchester-based real estate attorney was taken into custody last week and charged with one count of felony second-degree grand larceny related to an alleged theft of client funds.

"Members of the bar are entrusted with a great deal of responsibility on behalf of the people they represent," Cacace said. "Brian Schmidt is accused of abusing that trust to enrich himself at the expense of his client. My office stands ready to assist the victim in this case and will work toward obtaining restitution for her and anyone else harmed by his conduct.

According to court documents, Schmidt, of Warwick, represented a seller at a real estate closing between August and November of 2022 and unlawfully kept over $50,000 of the proceeds from the sale.

The 49-year-old surrendered to police and was arraigned last Tuesday in Yorktown Justice Court. Schmidt pleaded not guilty and was released on his own recognizance pending further proceedings. The maximum potential penalty for second-degree grand larceny, a class C felony, is 5 to 15 years in state prison.

In June 2024, Schmidt was disbarred from the practice of law in connection with this incident and other alleged acts of misconduct.

The case was investigated by the Westchester DA's Criminal Investigators Squad and the Economic Crimes and Public Integrity Bureaus.

The case is being prosecuted by Emily Rowe-Smith of the Economic Crimes Bureau.