The developer facing up to 15 years over allegedly bribing a city official claims prosecutors misrepresented their longstanding — and above-board — relationship. Now, he’s moving to get the charges thrown out.
Marcal Group’s Mark Caller was accused of offering ex-Buildings Commissioner Eric Ulrich a sweetheart deal on a Rockaway Park apartment in exchange for favors. Caller last week filed a motion to dismiss the indictment Manhattan District Attorney Alvin Bragg brought in 2023, charging him with conspiracy and bribery, arguing prosecutors withheld important information from the grand jury about Ulrich’s past dealings with the public official.
According to the allegations, Caller sold Ulrich a discounted apartment at his company’s condo development at 133 Beach 116th Street, and in exchange, Ulrich provided favors and exerted influence with public officials to help Caller’s business. Those allegedly included Ulrich’s support for a zoning change on a piece of nearby land owned by Marcal Group and help getting the Fire Department to expedite an inspection for one of Caller’s buildings.
But Caller’s lawyer, famed criminal defense attorney Ben Brafman, argues that the apartment sale was above board and that Caller and Ulrich had a long history of working with each other long before the sale.
“In deciding whether to indict for bribery-related charges, the grand jury needed to understand the true nature of the relationship between Caller and Ulrich,” he wrote in court papers. “The District Attorney’s office, however, prevented the Grand Jury from understanding the defendant’s relationship by failing to inform the grand jury that Ulrich — as the local councilman — had been legally helping Caller for years on his projects without any benefit, payment or remuneration.”
Brafman included a list of communications between Caller and Ulrich dating back to 2020 (when Ulrich was the local Council member for Rockaway Park) discussing things like getting help with the City Planning Commission and addressing the homelessness issue in the neighborhood that was making it difficult for Marcal Group to attract customers for its developments.
This relationship went on for years, according to Brafman, before Ulrich asked Caller for help finding a new place to live in March 2022, which is when Bragg’s office alleges the developer sold Ulrich a “significantly discounted beachfront two-bedroom apartment in one of Marcal’s luxury buildings, with perks including full furnishing and a free parking space.”
The apartment had been on the market for $637,000, but Caller offered it to Ulrich for $625,000. But Brafman said the discounts were in line with what developers normally offer buyers.
“To incentivize Ulrich to move in, Caller (as a salesman) and his company were willing to give Ulrich an attractive price with other benefits (such as closing costs, window treatments, show furniture and a parking spot) thrown into the deal,” Caller’s motion read. “This is quite common when trying to close a deal with a reluctant buyer or tenant.”
A spokesperson for District Attorney Bragg’s office declined to comment.
Caller faces up to 15 years in prison if found guilty on the bribery charge.
His alleged crime is just one part of a broad-reaching bribery case that Bragg brought against Ulrich, who is accused of accepting or soliciting more than $150,000 worth of bribes over a period of two years.
Ulrich, who resigned as DOB chief in November 2022 following reports he had been involved in an illegal gambling investigation, has pleaded not guilty to the charges.
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