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Disbarred Yorktown Attorney Charged With Defrauding Clients

Yorktown resident Charles Diven, a disbarred attorney, has been charged with 13 counts stemming from several incidents over a six-year period.
Yorktown resident Charles Diven, a disbarred attorney, has been charged with 13 counts stemming from several incidents over a six-year period. Photo Credit: Courtesy Westchester County District Attorney

YORKTOWN, N.Y. -- A 47-year-old Yorktown man was arraigned Tuesday on more than a dozen charges, including fraud and grand larceny, according to the Westchester County District Attorney's office.

Disbarred lawyer Charles Diven Jr. was arraigned on a 13-count indictment Tuesday, according to DA Janet DiFiore. The charges include three counts of felony grand larceny, six counts of felony criminal possession of a forged instrument, three counts of felony tax fraud and one count of felony scheme to defraud, according to a release from the DA's office. Diven faces a maximum sentence of 15 years in state prison if convicted, according to the release.

The charges stem from several incidents that took place between April 2004 and December 2011, according to the release. Diven is accused of defrauding his clients, including one incident in which he asked a client to provide him with $243,000 "to demonstrate that (the client) had the financial capacity to purchase her ex-husband's share of the marital home," according to the release.

"Instead of maintaining said funds for said purpose, (Diven) used the money entrusted to him to pay personal and/or business expenses without the knowledge or consent of his client," DA's office representatives said in the release.

Also, Diven defrauded a second client of more than $171,000 between April 2004 and July 2009 after he was retained to settle a client's interest in his deceased father's estate, according to the release. Diven again used the funds for personal and/or business expenses without his client's consent, the release said.

Bail was continued at $5,000 cash or bond with Diven's next court date set for Aug. 27. Assistant District Attorney Shara Abraham, of the Public Integrity Bureau, is prosecuting the case.

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