U.S. District Judge Michael Shea of Connecticut. Courtesy photo.

A Connecticut federal judge has denied convicted real estate scammer Timothy Burke's request that his tax evasion and mail fraud convictions be vacated, set aside or corrected due to alleged ineffective counsel.

U.S. District Judge Michael Shea ruled Thursday afternoon that Burke did not prove his assertion that New Haven federal Public Defender James McGuire failed to adequately represent him.

McGuire did not respond to requests for comment.

Prosecutors say Burke conspired with former attorney Bradford Barneys in a long-running scheme targeting Connecticut homeowners in financial distress. They say he also pretended to own properties, then collected rent from multiple victims who believed he was the landlord. He pleaded guilty in January 2017 to mail fraud and tax evasion for his role in the scheme.

Shea sentenced Burke in April 2017 to 108 months in prison for mail fraud and 60 months for tax evasion, to run concurrently. He also handed down a 30-month sentence for Barneys.

Authorities pegged Burke as the ringleader. They said he misled homeowners, who were in or on the brink of foreclosure, that he would purchase their properties and pay off the mortgage. With that understanding, the homeowners agreed to sign documents Burke presented saying they'd be able to walk away without paying off mortgages or other costs associated with home ownership, prosecutors said.

Burke also told victims that the process of negotiating with lenders could take time, and advised them to ignore foreclosure notices, according to prosecutors. He mailed hundreds of letters to owners, stating he was an investor interested in purchasing their properties. Instead of buying,  prosecutors said Burke used the houses to generate income for himself.

Burke sought tenants online, renting the houses, but never paying the owners' mortgage, interest, taxes and other expenses, as promised. Prosecutors estimate the scam generated about $1 million.

Barneys, meanwhile served as Burke's attorney, according to the government, participating in dozens of meetings with Burke, and duping homeowners in his law office.

After his conviction, Burke claimed the public defender who represented him was ineffective. He argued McGuire did not explore all viable defenses, and failed to investigate and present exculpatory evidence concerning tax evasion.

But the judge disagreed.

“I find that it was reasonable for attorney McGuire not to contact Burke's proposed witnesses or pursue a defense based on Burke's attempts to resolve his tax liabilities because such actions do not negate criminal liability for tax evasion,” the judge wrote. “Even if attorney McGuire's performance was deficient, it did not prejudice Burke.”

Shea also wrote that “Burke's efforts to resolve his own tax liabilities was unlikely to change the outcome of a trial because such evidence is irrelevant to the willingness of his nonpayment.”

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