A former New York City lawyer wept openly in court as he admitted to stealing $4.4 million intended for pandemic equipment, with prosecutors alleging he diverted the funds to finance a romantic relationship with his CEO girlfriend.
Emotional Courtroom Admission
Bryan McKenna, a 62-year-old former real estate attorney, sobbed during his Tuesday sentencing in Manhattan Supreme Court, wiping away tears with a tissue as he received a prison sentence of up to six years. "I am ashamed of myself. I tried to lead a good life," McKenna told the judge. "I did these crimes, I deserve to go to jail. I don't know what else to say for myself."
The Pandemic Fraud Scheme
The massive fraud began in 2021 when Elkay Plastics, a packaging manufacturer and distributor, contacted AstZen Group to purchase 500,000 boxes of latex gloves during the COVID-19 pandemic. Elkay Plastics deposited $4.45 million into an escrow account controlled by McKenna, a standard arrangement where funds are held by a third party until transaction conditions are met.
McKenna promised to keep the money in the escrow account until AstZen Group shipped the gloves. However, by April 2021, the account was completely emptied, and the medical-grade equipment was never delivered, according to the District Attorney's office.
Conflicting Motivations
Assistant District Attorney Jonathan Borle alleged that McKenna siphoned the millions to spend on himself and AstZen Group's then-CEO Duni Zenaye, his romantic partner, to bolster their relationship. Prosecutors claimed he used the funds to "benefit his personal life" and advance the "romantic relationship."
In contrast, defense lawyer Eric Franz argued that McKenna was battling "financial struggles" and was desperate to secure help for his son's mental health issues. "His focus was on, 'I need to help my son,'" Franz told Judge Althea Drysdale, explaining that McKenna was a desperate father trying to secure doctor appointments and medications for his son's mental wellbeing.
Broader Pattern of Theft
The pandemic fraud only came to light during an investigation that revealed McKenna had also stolen more than $260,000 from two clients in separate New York real estate transactions.
Manhattan Condo Sale
Court documents show that in 2021, McKenna represented a woman selling her Manhattan condo, receiving $1,149,900 in sale proceeds into his escrow account. His client instructed him to pay her $835,000 and hold back $184,600 to cover IRS capital gains tax. When she realized her tax liability had been reduced by about $24,000, she ordered McKenna to pay her that amount.
While he handed over the $24,000, McKenna kept the remaining $160,000, diverting it to his own bank account rather than paying his client or the IRS.
Brooklyn Townhouse Transaction
Two years later, in October 2023, McKenna represented another client in the sale of a Brooklyn townhouse. He received $762,000 in sale proceeds deposited into his attorney escrow account. The client ordered him to pay off two mortgage loans totaling $653,000, which McKenna completed. However, the leftover $109,000 was never paid to the client and was instead transferred directly into McKenna's personal account and drained.
Legal Consequences and Double Life
In July 2025, then-Manhattan District Attorney Alvin L. Bragg, Jr. announced that McKenna had pleaded guilty to stealing millions from the escrow account. "This plea and expected prison sentence demonstrate the seriousness with which my office treats fraud targeting New Yorkers," Bragg stated in a press release.
McKenna voluntarily resigned from the New York State Bar in December 2023 and was indicted in September 2024. He was charged with one count of Grand Larceny in the Second Degree and one count of Scheme to Defraud in the first degree.
Before his disbarment, McKenna appeared to lead a double life as a stand-up comedian in New York. His Instagram posts showed him performing at The Comic Strip in the Upper East Side, and during the pandemic lockdown, his social media featured short comedy skits and family moments with his wife and children.
Prosecution's Stance
"Hard working New Yorkers need to be able to trust that their attorneys are acting in their best interest," Bragg wrote in a statement announcing McKenna's indictment. "As alleged, Bryan McKenna completely violated that trust by draining his attorney escrow account of funds from two clients' real estate transactions."
The District Attorney's office claimed that despite being given the chance to return the stolen money in summer 2021, McKenna kept lying about its whereabouts until November. The investigation remained active, eventually uncovering the stolen $4.4 million and McKenna's alleged romantic relationship with the company's CEO, who faced no charges.
