Bronx Men charged with Sale of properties not owned by them

The Attorney General of the Bronx District, Robert T. Johnson announced in a press release on September 1st that Mario Tolisano, 59 and Celestino Orta, 40 have been indicted for swindling victims of over one million three hundred thousand dollars in a real estate property scam. The properties involved in the scam were not owned by the defendants nor did the defendants have the right to sell the properties.

The scam came to light when complaints were filed by the victims because they were not able to schedule closings with Tolisano or Orta for properties they had already paid for.

Jacob Selechnik and Robin Shimoff both real estate investors were approached by Tolisano and Orta in May of 2008 to sell them various properties that were owned by the City of New York. Tolisano and Orta didn’t own and were not in the process of owning any of the properties involved. Selechnik and Shimoff after examining the properties agreed to purchase them from Tolisano and Orta.  An offer of seven hundred ten thousand dollars was presented to the fraudster and they accepted. Selechnik and Shimoff paid the fraudsters upfront.

Tolisano and Orta in July of 2008 again approached Selechnik and Shimoff in regard to additional properties in the Bronx, Brooklyn and Queens. The victims again agreed and paid the fraudsters five hundred and two thousand dollars for the properties.

Tolisano and Orta were not limited to Selechnik and Shimoff in May of 2008 they approached Nir Cohen for the vacant lot on Union Avenue near Southern Boulevard. Cohen gave the fraudsters seventy thousand dollars as a down payment on the vacant lot.

All the victims confirm that Tolisano and Orta conducted themselves as authorized to sell the properties involved and did not give the victims any reason to believe otherwise.

State Supreme Court Justice Margaret Clancy set bail for the Tolisano at two hundred fifty thousand dollars. Orta would is currently in another jurisdiction for an unrelated matter is expected to be arraigned September 3rd.

Tolisano of 1669 Astor Avenue has been charged with one count of Grand Larceny in the first degree, three counts of Grand Larceny in the second degree, one count of Criminal Possession of Stolen Property in the first degree, three counts of Criminal Possession of Stolen Property in the second degree, and seven counts of Practicing or Appearing as Attorney-At-Law without being admitted or registered.

Orta of 588 Timpson Street has been charged with one count of Grand Larceny in the first degree, three counts of Grand Larceny in the second degree, one count of Criminal Possession of Stolen Property in the first degree and three counts of Criminal Possession of Stolen Property in the second degree.

The maximum sentence that both defendants could receive is twenty five years in prison.

District Attorney Johnson reaffirms that the charges against the defendants are merely accusations and that they are innocent until proven guilty in a court of law. The case will be prosecuted by Senior Investigative Assistant District Attorney Richard Baker.


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