Manhattan District Attorney Alvin L. Bragg, Jr., today announced the indictment of BRYAN A. MCKENNA, a former real estate attorney, for stealing more than $260,000 from two clients he represented in Manhattan and Brooklyn real estate transactions. MCKENNA is charged in a New York State Supreme Court indictment with one count of Grand Larceny in the Second Degree and one count of Scheme to Defraud in the First Degree.[1]

“Hard working New Yorkers need to be able to trust that their attorneys are acting in their best interest,” said District Attorney Bragg. “As alleged, Bryan McKenna completely violated that trust by draining his attorney escrow account of funds from two clients’ real estate transactions. This investigation is ongoing: if you have any information about this alleged scheme or similar misconduct by an attorney, please contact our Financial Frauds Bureau at 212-335-8900.”

According to court documents and statements made on the record, in March 2021, MCKENNA represented a woman in the sale of her Manhattan condo. MCKENNA received $1,149,900 – the proceeds of the sale – in his attorney escrow account. His client directed that MCKENNA pay her $835,000, and withhold $184,600 in escrow to pay the Internal Revenue Service (“IRS”) the capital gains tax owed for the sale of the property. She soon learned that her tax liability was reduced by approximately $24,000 and instructed MCKENNA pay her that sum. He did so, but never paid the remaining $160,000 to either the IRS or his client, instead transferring the funds to his own bank account.

In October 2023, MCKENNA represented a man in the sale of his Brooklyn townhouse and received $762,000 – the proceeds of the sale – in his attorney escrow account. As the client directed, MCKENNA used the proceeds to pay off two of the clients’ mortgage loans, totaling $653,000. However, MCKENNA never paid the client the remaining balance of $109,000, instead draining the account and transferring the funds to his own bank account.

In December 2023, MCKENNA voluntarily agreed to resign from the New York State Bar.

Assistant D.A. Jonathan Borle is handling the prosecution of this case under the supervision of Assistant D.A.s Hope Korenstein (Deputy Chief of the Financial Frauds Bureau) and Kofi Sansculotte (Chief of the Financial Frauds Bureau), and Executive Assistant D.A. Jodie Kane (Chief of the Investigation Division). Investigators Antonio Puentes, Frank Toro and Sofia Gomez are assisting with the ongoing investigation. Analyst Max Stahl and Paralegal Varun Gaitonde are providing valuable assistance.  

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[1] The charges contained in the indictment are merely allegations and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.