Office of the District Attorney

P. David Soares
6 Lodge Street
Albany, New York 12207
(518) 487-5460
(518) 487-5093 FAX

ALBANY, NY –Albany County District Attorney P. David Soares announced today that the arraignment of DEBRA BERGER, 50 and MARK BERGER aka MOSHE BERGER, 50 of Hollywood Avenue, Albany, NY before the Honorable Stephen W. Herrick.
 
Under a sealed indictment, DEBRA BERGER was charged with Grand Larceny in the 2nd Degree for embezzling $128,550 and stealing property in excess of $50,000 from the Estate of Irving Berger.  It is alleged that Mrs. BERGER, wrote checks by means of acting as power of Attorney following the death of Irving Berger.
 
MARK BERGER was charged with (1) count of Falsifying Business Records in the 1st Degree a class “E” Felony, and Petit Larceny, a Class “A” misdemeanor. On June 30, 2004, at Key Bank in the City of Albany, BERGER did with intent endorse checks of the Estate of Irving Berger, and attempted to defraud, or make a false entry in the business records of an enterprise.  
 
If convicted on all counts, DEBRA BERGER faces a sentence of 5 – 15 years in state prison. MARK BERGER faces 3 1/2- 5 years.
 
District Attorney Soares stated today, “The Berger’s were caught misusing the estate in the name of Mr. BERGER’s deceased father. This was brought to our attention by the deceased family, it is important for the public to know that this office will investigate and prosecute these cases aggressively,” he said.

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