Mechanics Liens and … Criminal Law?

New York Mechanics Liens and … Criminal Law? By Elliot Singer on May 22, 2013 U.S. ex. rel Roberts v. Ternullo is an example in which falsely filing a mechanics lien — in this example, many mechanics liens — led to criminal charges and even jail time. David Roberts for many years operated a retail fence business under several corporate names. As the State of New York alleged, Roberts: “would frequently fail to deliver fencing contracted for by customers or deliver less than called for in the contract, and when full payment was not forthcoming, would file mechanics liens with the County Clerk …” As a result, Roberts was charged with multiple counts of forgery and the making of an apparently sworn false statement, amongst other charges. Interestingly, it was only after more than 200 unhappy customers complained about Roberts that the county District Attorney got involved. As a result of the charges lodged against him, the defendant was charged with between one and four years in prison. His conviction, after being reversed and remanded on the first appeal, was affirmed at the appellate level the second time around. As the federal court that heard Roberts’ writ of habeas corpus held, the false mechanics liens the defendant filed were admissible because they were available to the public and, of course, filed by the defendant himself. As the court noted, it would be completely illogical to bar the state from presenting evidence such as a mechanics lien that was already in its public record.