Brooke Astor’s son, Anthony Marshall, is facing prison time after a New York court rejected his appeal this week. In 2009, Marshall was convicted of stealing millions of dollars from the estate of his late mother, a wealthy socialite and philanthropist.
On Tuesday, the Manhattan Appellate Division upheld the original conviction which carries a prison term of up to three years. Marshall, now 88-years-old, was also denied a request that he be allowed to avoid jail time because of his health and advanced age.
The appeals court struck down only one of Marshall’s 14 convictions, a minor grand larceny charge.
Following his 2009 sentencing, Marshall was allowed to remain at home during his appeal process. Officials have not confirmed if Astor’s son will begin serving his prison sentence immediately.
Marshall could reportedly remain free should he choose to appeal the court’s decision. According to Marshall’s attorney, Kenneth E. Warner, no decision regarding further legal action has been made.
“We’re disappointed and we are examining all the available legal options.”
Following Tuesday’s appeal outcome, Anthony Marshall’s son expressed his feelings about Tuesday’s appeal outcome by saying he hoped his father would not be required to spend time behind bars.
“I hope my father does not go to jail,” explained Philip Marshall. “This said, I believe that by affirming all but one of his convictions the court sent a critical message that elder abuse and exploitation are a crime — and reprehensible.”
Philip Marshall was instrumental in instigating the initial investigation into his father’s crimes. He alerted authorities that Anthony Marshall was keeping Brooke Astor, who was suffering from Alzheimer’s, in unfit conditions. Brooke Astor died in 2007 at the age of 105.
A subsequent investigation reportedly uncovered Marshall’s use of deceptive means to add an amendment to his mother’s will, an act that resulted in the theft of millions from her estate. Marshall’s attorney, Francis Morrissey, was also convicted in the scheme.
The Manhattan District Attorney’s office released an official statement following the appeal outcome:
“Today the Appellate Division overwhelmingly upheld the 2009 trial convictions of Anthony Marshall and Francis Morrissey, including the top count against Marshall, grand larceny in the first degree. The court also rejected Marshall’s argument that he should be spared the charge’s mandatory prison sentence. This trial underscored the importance of prosecuting elder abuse, particularly financial fraud perpetrated by those close to the victims. In the words of the appellate court, ‘the record amply supports the jury’s determination that Marshall committed a series of larcenous acts.'”
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