NEW YORK (CBSNewYork/AP) – The elderly son of philanthropist and socialite Brooke Astor has lost an appeal to try to avoid jail time for plundering her fortune.
Anthony Marshall was convicted in 2009 for trying to steal $60 million from his mother. The long appeals process gave Marshall four years of freedom following his conviction for grand larceny.
He now faces a one- to three-year term in prison, the minimum sentence for the crime.
As WCBS 880′s Irene Cornell reported, a five-judge appeals panel found that the evidence fully supported the jury’s finding that Marshall forged Astor’s signature on her last will in order to steal nearly $6 million that she’d intended for charities, including the Metropolitan Museum of Art.
Marshall was in a wheelchair in the last court hearing on his appeal and begged the court to spare him jail time due to his age, ill health and lack of criminal history.
The judge in that hearing wrote that a clean record does not excuse elder abuse and that it is unlikely, in her view, that Marshall will die in jail.
It’s not clear whether Marshall will now have to report to prison or may appeal further and remain free on bail.
Lawyer John Cuti says Marshall is exploring his legal options.
The Manhattan district attorney’s office says the case shows the importance of prosecuting financial crimes against the elderly.
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