Former Westchester County Attorney Arrested and Charged for Alleged Theft

You know it's always a little odd whenever you hear a story about a lawyer or attorney on the other side of the law than the side they're usually on but that's exactly the situation that is developing in Westchester County.

A real estate attorney or technically a now former real estate attorney who was based in Westchester County has been charged for the alleged theft of funds tied to a real estate closing that occurred back in 2022.

Details of Alleged Real Estate Theft

Details of the case to this point were included in a press release issued by the Westchester County District Attorney's Office. According to the press release the accused, 49-year old former attorney Brian Schmidt of Warwick, represented a home seller at a real estate closing that had taken place between August and November of 2022. It is alleged that Schmidt unlawfully retained $50,000 in proceeds from the sale.

Fast forward to present day where Schmidt surrendered to and was taken into police custody on Tuesday February 18, 2025. That same night he stood for arraignment in Yorktown Justice Court before Judge Gary Raniolo. Schmidt was officially charged with one count of Grand Larceny in the Second Degree.

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During his arraignment, Schmidt plead "not guilty" and was then released from custody on his own recognizance pending further proceedings. Prior to these events taking place, Schmidt had already faced a form punishment as his connections to this case and allegations against him resulted in his being disbarred from the practice of law back in June of 2024.

Charges and Penalties

As previously mentioned, Schmidt was officially charged with one count for the crime of Grand Larceny in the Second Degree. Grand Larceny in the Second Degree is listed as a Class C felony charge and the maximum potential penalty if convicted would be 5-15 years in state prison.

Westchester County District Attorney Susan Cacace encapsulated the level of severity this case represents by stating...

Members of the bar are entrusted with a great deal of responsibility on behalf of the people they represent. Brian Schmidt is accused of abusing that trust to enrich himself at the expense of his client.

Cacace in the same statement would also express her office's readiness to assist the victim in working towards obtaining restitution as well as assisting anyone else harmed by the accused's conduct.

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The Westchester DA’s Criminal Investigators Squad as well as the Economic Crimes and Public Integrity Bureaus were responsible for the investigation into this case. The press release did not state when it is specifically that further proceedings in this case will be taking place.