2005-12-23 / Front Page

State To Drop Major Charges Against Heffernan

By Howard Schwach

HeffernanHeffernan The New York Department of State has offered a local realtor a deal that would take the major charges against him off the table and would reduce the sanction against him to a $1,500 fine.

The state agency has offered the agreement to Dave B. Heffernan, better known as D. Brian Heffernan and who does business as Heffernan Realty.

The deal, conveyed in a Consent Order, would drop two major charges – that Heffernan duped a client, Andrew Schwab, in the sale of his 222 Beach 100 Street in order to receive an under-the table payment for himself, and that he subsequently paid the home seller $15,000 in return for the seller’s promise that he would not report the deal to state officials.

If found guilty of those charges, the state could have revoked or suspended Heffernan’s real estate broker’s license.

With those charges removed, the remaining charge against Heffernan is a purely procedural one – that he failed to provide sellers of a bungalow property with a real estate disclosure form and that he failed to maintain the form for three years, a violation of the state’s Real Property Law.

Laurence Sombke, a spokesperson for the Department of State, confirmed that the agreement is very close to bringing closure in the matter, which was reported in the December 9 issue of The Wave.

“It is still an open case until our general counsel signs off on it,” Sombke said, “If the paperwork is in order, it should happen quickly.”

Heffernan told The Wave on Tuesday that he had paid the fine and executed the document and expected the case to now be closed for good.

He issued the following prepared statement to The Wave.

“Now that this matter has finally been resolved in my favor, I can’t help but wonder if Mr. Schwach will hold through to his promise to me; that if all of the charges against me he so enthusiastically refers to on the front page of the Wave dated, December the 9 are dismissed, he will afford me the same front page glamour, informing our community of my vindication and innocence.

“Sadly, it is hard to undo the damage done by this type of aggressive, sensationalistic and in my opinion, unethical journalism...

“This has always been one of my favorite times of the year, a time to hold close those who mean most to us. A time to forgive, and of course a time to give.

“I will never truly know or understand for sure who was behind, or pushing to make this front-page glamour story a reality. I can only pray for them, and hope that they find more constructive ways of engaging their time in the New Year.”

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