| Duo on Trial for Advance
Fee Fraud Asked to Preclude Polk
Who Pled As Victim Mingus
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
June 16 â Back in 2023 the US
Attorney for the Southern
District of New York announced
his Office was charging JOSEPH
MALVASIO and GREGG MARCUS,
a/k/a âGregg Pierce,â with
running a years-long
advance-fee scheme through
which they defrauded hundreds
of victims of at least
approximately $12
million. MALVASIO and
MARCUS were arrested this
morning will be presented
later today" in SDNY.
Inner City Press covered
it. Jump cut to June
11, 2026, when both men were
on trial before Judge Jesse M.
Furman. On the stand was the
CFO of a Chicagoland-based
real estate developer which
two paid appraisal fees to the
men's companies and received
nothing in return. The company
wanted to develop land in the
Chicago suburbs, and in
Vermont. They were
looking, the witness said, for
a hard money lender, and were
taken in by the men's website
claiming a development in
Winston-Salem, NC. But that did not
exist, nor the investment in
or loans to a Utah gold mine
nor in a major motion picture.
Docketed on June
13 - thirteen days after it
was "filed" - Malvasio's
lawyer asked to preclude lay
witness Joey Rosati from
testifying about his own
"purported practices as a hard
money lender." Why the delayed
docketing? On June 16,
another victim, Mr. Mingus,
was on the stand. On cross
examination, the AUSA objected
and was asked to summarize in
one word. "Long winded hearsay
with self-serving statements,"
she replied. "That's not one
word," Judge Furman said. Also on June 16,
belatedly docketed was a May
31 letter about the third man
in the case, Christopher Polk,
who pled guilty on May 20.
But, the letter argues, Polk
does not know Mr. Marcus. Now
it seems he will not testify
at all. Will he still get a
5K.1 letter? The trial
continues. The case is USA v. Malvasio, et al., 23-cr-396 (Furman)
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