An Elmsford woman who is entangled in a contentious battle over family businesses has been charged with fraud for allegedly stealing money from the founder’s estate.
Constance Koeper impersonated her aunt to get access to an account held by the estate of her grandfather, according to a criminal complaint filed July 26 in U.S. District Court, White Plains.
The criminal case is the latest twist in a long running battle over control of inherited companies that has spawned three state court lawsuits, three bankruptcy court actions and now the criminal case.
In 1954, Rosario Iacona founded Prince Bakery on Belmont Avenue in the Little Italy section of the Bronx. In 1996 he formed Blue Spruce Corp. to own the building that houses the bakery.
He died in 2000 and bequeathed the businesses to his daughters, Frances Rusciano and Rose Marie Koeper, both of Elmsford. Rose Marie died in 2019 and her daughter, Constance, became half-owner of the businesses.
“Several years ago, after their father’s death, my wife (Frances) and her sister (Rose) began to fight about the business,” Anthony Rusciano states in an affidavit filed with a bankruptcy petition filed in February by Prince Bakery and Blue Spruce.
Anthony ”“ Frances’ husband, the founder’s son-in-law and Constance’s uncle ”“ ran the bakery from 1992 to 2015.
He says Iacona’s daughters accused one another of stealing from the businesses, and Constance carried on the fight after her mother died.
According to the criminal complaint, Constance schemed to defraud her grandfather’s estate. As executrix of her mother’s estate, she had access to personal information about her aunt, Frances, who controlled the Iacona estate.
Both estates held brokerage accounts at a Wells Fargo bank in Garden City.
Last September, someone called the bank claiming to be Frances and asking to transfer funds from Iacona’s account to Rose Koeper’s account.
Constance submitted a form purportedly signed by her aunt, according to the complaint, authorizing the transfer of $246,675 to her mother’s account.
The next day, Constance allegedly bought $178,000 in cashier’s checks, using money from her mother’s account.
Constance had also withdrawn about $1 million in one year from her mother’s account, according to the complaint.
Postal Inspector Daniel J. Gabel interviewed Constance on April 26. She admitted transferring money from her grandfather’s account to her mother’s account, according to the criminal complaint.
She admitted impersonating her aunt. She admitted that she did not have permission to make the transfer but said her aunt would have granted permission but her uncle did not allow her to speak to her aunt.
She said she intended to pay back her aunt, but she did not want her aunt to know about the transfer.
Constance said she transferred the money, according to the complaint, “because she owes people money,” the complaint states. And she used $138,000 in cashier’s checks to buy candles for “spiritual cleansing.
