Anthony R. Ianniello Crooked lawyer Clifton Park New York

There is only one way you would have been able to testify against your client without breaking Attorny Client Privilege, and that is under the Crime-Fraud Exception.  You were an attorney that was knowingly directly involved in the crime and you benefited. 

The goverment granted you immunity for your cooperation.  There is no other way you would have been allowed to testify against your client. Plain and simple.

Since you don't think the auther has done a good enough job of explaining your involvment in the multi million dollar scam, let me brake it down for you. You represented Mr. Persaud in numerous real estate transactions. 

You used your escrow account to take  the money in, but you claim you had no idea that what he was doing was illegal as you wrote checks to New Country Porsche for a car Mr. Persaud wanted. And of course i should disclose that you are a partner in New Country Porsche.

You also paid for a home for Mr. Persaud.  During this time you as a 77 year old man and a licenced attorney for forty plus years you disn't realize that something was amiss? Ok, let's put this aside.

You tesified againt Mr. Persaud not only in front of the Grand Jury but also at trial. Under normal circumstances testifying against your client would not be possible if attorney client privilege is raised. But in this case it was. 

According to the American Bar Association (ABA), specific legal boundaries have to be breached in order for the attorney-client privilege to be rendered void and force the attorney to testify against the client in a criminal case. It's called the "crime-fraud exception."

The crime-fraud exception can only be triggered if the work product between the attorney and client "was actually used in the furtherance of the purported crime or fraud," the ABA says.

If a client seeks their lawyer's advice on a matter that could be illegal or expose them to criminal liability, and the client uses the advice to commit a crime or act of fraud, the attorney could be asked to testify against their client. The same applies if the attorney is the one accused of committing a crime or fraud as part of their work for the client.

Two conditions must be met before the crime-fraud exception is triggered. According to the ABA, there needs to be a "reasonable basis" to suspect that:

1. The lawyer or client was committing or intending to commit a crime or fraud.
2. And the attorney-client work product was used in order to commit the crime or fraud.  According to the American Bar Association (ABA), specific legal boundaries have to be breached in order for the attorney-client privilege to be rendered void and force the attorney to testify against the client in a criminal case. It's called the "crime-fraud exception."
   1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1.  

Halfmoon deputy attorney leaves amid ongoing review of land sales Some town officials were concerned because they said they were unaware the developer, Charles E. Hoffman, paid $22,500 for properties that appraisals commissioned by the town of Halfmoon estimated were worth more than $250,000.

The appraisals were never shown to the Town Board, according to Councilman John Wasielewski. The resignation of Matthew J. Chauvin, a former Saratoga County assistant district attorney who became a deputy town attorney in 2008, came as another town attorney, Lyn Murphy, submitted a report to the Town Board Wednesday on the transactions that were handled by her deputy attorney.

Supervisor Kevin Tollisen announced at Wednesday's Town Board meeting that he had accepted Chauvin's resignation. Chauvin's role in the town's sale of the properties was first highlighted in stories published this week in the Times Union. Public records indicate Hoffman was represented in the transactions with the town by a partner at a Clifton Park law firm, Ianniello Anderson, for which Chauvin has worked for more than two years.

Chauvin helped negotiate the sales on behalf of the town. The parcels purchased by Hoffman ranged in size from less than a half-acre to more than 8.5 acres. They were formerly used by the town as part of a well-water system that became defunct when the town began pumping water from the Hudson River in 2003.

At a Town Board meeting last year, town officials described the parcels as "unbuildable" and "landlocked." But Hoffman has since proposed development projects on two of the parcels and sold a third to a Loudonville businessman. "I believe it is in the best interest of the residents of the town of Halfmoon, given the recent mischaracterizations put forth in the press regarding the transfer of decommissioned well properties," Chauvin wrote in his resignation letter.

"Although I ... deny any intentional wrongdoing regarding this matter, I believe my resignation is in the best interest of the town. Chauvin, 36, is the son of state Supreme Court Justice Robert Chauvin, a former Saratoga County assistant district attorney who was employed as a Halfmoon town attorney for 25 years. Last August, Saratoga County District Attorney James A. Murphy III asked the state attorney general's office to investigate the business dealings of Robert Chauvin that were outlined in an Aug. 11 Times Union story. The story disclosed that the elder Chauvin, while employed as a town attorney, allegedly took steps to conceal from the public his financial interests in large residential development projects built in Halfmoon. In the land sales last year to Hoffman, Matthew Chauvin was the contact person for Halfmoon when Hoffman negotiated the purchase of the properties in 2012 and 2013, records show. Hoffman also negotiated with Frank Tironi Jr., the town water superintendent. Hoffman documented his offers for the properties in a series of letters he wrote to Chauvin in 2012. The letters and other town records documenting the sales were released to the Times Union on Monday. A spokeswoman retained by Chauvin issued a statement Wednesday afternoon clarifying the handling of the negotiations. "Mr. Chauvin did not negotiate the sale on behalf of the town of Halfmoon,"

she said. "He was advised of the agreed upon prices by Mr. Hoffman and Mr. Tironi, the director of water for the town of Halfmoon." In March 2013, the Town Board authorized selling the parcels to Hoffman for prices between $6,500 to $8,500. An appraiser hired by the town in 2011 estimated the values of the parcels at between $30,000 and $130,000. In his letters that made offers as low as $5,000 for some of the properties, Hoffman cited utility easements and the costs of removing small water-facility buildings as reasons he believed the lands were worth much less.

"It really is a fair market value for a landlocked parcel and is only going to have a utility," Chauvin told the Town Board last year before it voted to approve the sales. Murphy, the town attorney, also told the board at that same meeting: "We did get a fair market appraisal and the purchase price is consistent with that appraisal."

The properties were not landlocked and many have ample road frontage. Hoffman, who owns Oakbrook Commons apartments on Route 9 in Halfmoon, has proposed projects on the former well sites that include apartments buildings, parking lots and an office building. Chauvin represented the town of Halfmoon at the closings when the sales to Hoffman took place. Hoffman was represented at the closings with by Anthony J. Ianniello, a partner at the law firm of Ianiello Anderson, according to Saratoga County property records.

Chauvin has been an attorney at Ianniello's law firm since January 2012, according to information he posted on LinkedIn. "I did file a conflict letter with the town with regard to my association with Ianniello Anderson," Chauvin said Tuesday in an email. "Because of my employment with town of Halfmoon I was not privy to any information with regard to Mr. Hoffman's fee arrangements with Mr. Ianniello." Wasielewski was the only Town Board member to raise questions about the sale of the properties at the March 2013 meeting.

On Tuesday, he said that he was not made aware by Chauvin or anyone else that Ianniello had represented Hoffman for the property sales. Hoffman paid $8,500 for one of the properties, along Bayberry Drive near Northway Exit 8A, that an appraiser hired by the town estimated was worth $130,000 in 2011. Ianniello, who handled some of the real estate closings and conducted title work on the transactions, did not respond to requests for comment. It's not clear how long Ianniello represented Hoffman's interest in the sales or whether he only handled the real estate closings. Hoffman also has not responded to requests for comment. Chauvin was paid about $30,000 a year as a deputy town attorney.

Councilman Walter Polak, the town's deputy supervisor, called Chauvin "a perfect gentleman." Councilwoman Daphne V. Jordan, who was appointed to the Town Board in December, noted at Wednesday's meeting that she was not a member of the Town Board when the land sales were authorized. "I really feel that this is a very unfortunate, regrettable and actually a horrible event that has taken place," Jordan said. blyons@timesunion.com • 518-454-5547 • @blyonswriter

law.justia.com/cases/new-york/appellate-division-third-department/2006/2006-07545.html You are a lucky man Mr. Ianniello. You seemed to have have managed escape the criminal judicial system several times. You have seemingly screwed hundreds of people. And at he same time the want to be's of Saratoga Springs still embrace you. I find you to be the most despicable character in the area.

Mr. Ianniello, you have been given an opportunity to respond to the statements made against you. Apparently you can offer no respoce to prove the statements about your involvment as a theif and an informent are incorrect. I may add that your initial responce did nothing more than give readers more reason to believe what has been posted about you on this site and Corrupt Courts web site is true. 

Anyone that is considering doing any business with this creep needs to have their head exaimed. He has screwed so many people. 

 Mr. Ianniello, I think it's good that you want to rebut the negative commentary that has been written about you. Following are captions relative to the commentary that was posted on the web site Expose Corrupt Courts. Can you explain where the author errored in his reporting? Thank you.

Still, court records and an FBI document shared with the Times Union show Hogan wasn't the only attorney who aided — if unwittingly — in the alleged crimes of Rechnitzer and Persaud. Anthony Ianniello, a well-known real estate lawyer in Clifton Park, handled the closing on a mortgage in which Persaud's wife, Indranie, a $40,000-a-year postal worker, sharply inflated her income on loan documents so her husband could secretly obtain an $890,000 home in Saratoga Springs. Ianniello also set up a partnership through which Persaud purchased a $135,000 Porsche coupe a year after filing for bankruptcy, and with the proceeds of his alleged crimes, according to the indictment. There is no indication that Ianniello knew Indranie Persaud was committing mortgage fraud. Ianniello declined to comment.

"But the Porsche deal raised suspicions of authorities. A state motor vehicle investigator who examined the Porsche transaction, and Ianniello's files, concluded in a government report that ''the unsatisfactory and illogical explanations provided by the attorney, lead him to the conclusion that the Porsche transaction was 'classic money laundering to hide an asset,' '' according to a memo filed in court by the U.S. Attorney's Office. Ianniello was never charged. Last year, Ianniello was called in for an interview with the FBI and federal prosecutors. He appeared alone. An FBI report detailing Ianniello's responses to questions indicates he gave carefully worded answers about his dealings with the Persauds, for whom he had handled dozens of real estate transactions. The FBI report indicates Ianniello said he was unaware Ronald Persaud and his wife had laundered money through Ianniello's private attorney escrow accounts. ''He also did not know why money would be transferred from Latvia,'' the FBI report states. ''Ianiello advised that he never dreamed there was a Latvian bank involved. ... He did not recall his staff telling him about these transfers. ... He stated that he was busy and preoccupied.'' Both Ianniello and Hogan are listed as witnesses by the government in the ongoing trial of Ronald, Esther and Shawn Persaud in U.S. District Court in Albany. It's unclear whether they will testify".

The newspaper article referred to by the anonymous author absolutely does not explain my involvement in a "muti-million dollar scam." That is because I was not involved in any of the criminal activity undertaken by Ronald Persaud and his family. The article indicates that the use of my escrow account was "unwittingly" since I had no knowledge of the source of funds. The defendant was a licensed mortgage broker who conducted many legitimate transactions but also some that were illegitimate in nature with another lawyer. That lawyer testified against his client because he participated and had knowledge of the events and the victims. I had no knowledge of either the transactions or the victims. My testimony was strictly to verify the amounts that went into my escrow account and the legitimate uses for the funds. No deal was ever offered to me nor did I ever request a deal. None was necessary since I was thoroughly vetted by the FBI before I was asked to testify. Additionally, each of the victims gave testimony that they never heard of me as I gave testimony stating that I never heard of them. The statement by the author that "it has been said that he turned in his then wife" is carefully couched to give the author some breathing room. That is because the author undoubtedly knows what actually happened which is that nothing could be further from the truth. My ex wife engaged in mortgage fraud with a two time felon/former boyfriend, Michael Cassadei from Schenectady, NY before i even met her.  She told me well into our marriage that the FBI contacted her to Provide testimony against Cassadei. That she broke up with him prior to our meeting each other and that she had reported the fraudulent mortgage transactions to the FBI. That they were now proceeding toward an indictment against Cassadei and, in fact, did so resulting in a plea bargain  which sent Cassadei to prison for several years.

Is it a coincidence that this anonymous, intentionally false report appeared shortly after Mr. Cassadei was released from prison?

In fact, my law firm is the only firm in the entire state of New York to have been fully certified as being fully compliant with the seven pillars of best practices promulgated by the American Land Title Association. That is why lending institutions have continued to use my firm for 45 years and having conducted over 100,000 mortgage closings during this time period.