Robert P. Rubicco: Criminal, Liar, Fraud, Daycare Operator: Table of Contents
NEW ROCHELLE, NY (February 9, 2023) — Court filings from early 2023 show Robert Rubicco’s Treehouse Companies were deeply insolvent despite receiving substantial federal COVID-19 relief funds and millions from multiple merchant cash advance (MCA) advances in 2020–2021, with accumulated debts, defaults, judgments, and Rubicco’s prior criminal convictions further complicating claims of business success.
Editor’s Note (April 2026): This article has been updated to clarify the procedural posture of the Vox Funding litigation. Court filings reflect that the plaintiff presented detailed financial analysis in support of a motion to appoint a receiver and that the court granted temporary restraining relief while that request was litigated. The publicly available docket reflects extensive motion practice concerning receivership but does not clearly show a separately entered order formally appointing a receiver. This update provides additional context based on a review of the available filings.
No public records confirm sources tied to business funds or explain acquisition amid financial distress. Inflows of hundreds of thousands of dollars in federal funds from PPP, EIDL and SBA and millions in MCA advances contrast sharply with insolvency, defaults, and judgments exceeding $2 million claimed across funders, plus personal criminal record, amid reports Rubicco made tens of thousands of dollars in home improvements, purchased a $250,000 boat, and luxury vehicles like a Porsche Taycan Turbo S (~$186k MSRP), Cadillac Escalade valued at between ~$88,170 MSRP (Luxury Package) and ~$97,305 MSRP (Platinum Package) and a Jeep Guardian valued at ~$34,040 MSRP (Base Package) and ~$62,895 MSRP (High Altitude, Fully Loaded).
The Supplemental Memorandum of Law filed February 9, 2023, in Nassau County Supreme Court (Index No. 615241/2022) by plaintiff Vox Funding, LLC, provided a detailed analysis of Rubicco’s balance sheets as of January 13, 2023, proving balance-sheet and cash-flow insolvency for Anna & Jack’s Treehouse LLC (New Rochelle), 770 Treehouse LLC (Norwalk, CT), and 629 Treehouse LLC (Pelham), plus incompetent financial management.
The excellent analysis by Steven W. Wells and Will Parsons of WELLS LAW P.C., presented to the court in support of a motion to appoint a receiver, which was the subject of extensive briefing and related proceedings (displayed here with only minor editing for clarity).
On their face, the Treehouse Companies’ most recent Balance Sheets reflect that the
companies are insolvent:
As shown above, 770 Treehouse (Norwalk) is the only company that purports to be solvent:
it claims Total Assets of $2,013,064.45, Total Liabilities of ($1,642,700.30), and Total Equity of $370,364.15. Its Total Assets, however, appear to be significantly inflated.
After eliminating inconsistent intercompany receivables, the picture is much worse. Out of $2,013,064.45 in Total Assets, $1,317,114.94 consists of amounts allegedly due from the other Treehouse Companies: $724,186.98 from A&J Treehouse (New Rochelle) and $592,927.96 from 629 Treehouse (Pelham).
If these amounts are assets to 770 Treehouse (Norwalk), they should be liabilities to A&J Treehouse (New Rochelle) and 629 Treehouse (Pelham) in a corresponding amount. They are not.
The Balance Sheet of A&J Treehouse (New Rochelle) does not show a liability
of $724,186.98 to 770 Treehouse (Norwalk). Instead, it shows a much lower liability of $141,482.97:
Similarly, the Balance Sheet of 629 Treehouse (Pelham) does not show a liability of $592,927.96 to 770 Treehouse (Norwalk). Instead, it shows a much lower liability of –$57,900.
Questionable assets on 770 Treehouse further reduced equity by ~$621,522 ($65,622 “Attorney Fees” + $555,900.03 “Deferred MCA Expenses”).
Cash-flow insolvency erased a claimed $276,000 2022 operating profit before debt service, with obligations including $236,000 due April 28, 2023 (Cloudfund LLC and Samson MCA LLC settlements), $547,171 to Vox Funding, $166,043.69 judgment to Fox Capital, $231,340 to Delta Bridge Funding, $100,000 note to Dan Carello, and $150,000 SBA loan. The balance sheets lists an SBA loan for $136,000 and $150,000, which ever is correct this appears to be the SBA Loan he claimed was denied in the American Express default case where he told a federal court he had “otherwise excellent credit”.
Vox Funding concluded the companies were “not ‘solvent’; they are simply not paying their debts,” unsustainable without a receiver (as sought in the litigation; case later disposed/closed)
Federal relief included PPP loans totaling $207,933 ($137,500 April 2020; $20,833 June 2020; $49,600 February 2021) per ProPublica, plus a $10,000 EIDL grant (potential larger EIDL loan undisclosed). These funds aimed to cover payroll/rent during COVID disruptions.
Multiple MCA deals provided cash but led to defaults/judgments: Vox Funding advanced ~$1.13 million (2021 agreements), claiming $1,396,791.60 repayment (disposed/closed); Fox Capital $175,000 advance, $166,043.69 judgment (satisfied 2025); Cloudfund $200,000 advance, $231,340 default (settled 2023); Samson MCA $200,000 advance, $317,457 judgment (satisfied). Other debts included $195,825+ Intuit payroll fraud judgment (satisfied 2025 after 10 years), $13,920.35 default judgment to prior Norwalk operator (satisfied 2021), $6,300+ Hartford Cleaners judgment (unsatisfied as of late 2024), workers’ compensation fines, and ongoing cases (e.g., $12,627.50 tuition refund default motion).
Rubicco’s criminal history: 2002 petit larceny/criminal mischief (stole/impersonated with police badge/ID); 2010 witness tampering probation (reduced from bribery in brother’s credit card fraud); 2012 federal misdemeanor (unauthorized computer access, home confinement/restitution $10,240); 2013 probation violation (drug test tampering, substance abuse history including cocaine, 21-day jail + supervised release, case closed 2017 after restitution).
These inflows (PPP/EIDL ~$217,933+; MCA advances millions) contrast with insolvency, defaults, and judgments exceeding $2 million claimed across funders, plus personal criminal record, amid reports of luxury vehicles (Porsche Taycan Turbo S ~$186k MSRP, Cadillac Escalade ~$88–97k, Jeep) and $250,000 boat (2021 neighbor observations).
No public records confirm sources tied to business funds or explain acquisition amid distress.
Receivership Proceedings and Court Record
Court filings in Vox Funding, LLC v. Anna & Jack’s Treehouse LLC et al. (Nassau County Supreme Court, Index No. 615241/2022) show that the plaintiff moved to appoint a temporary receiver, supported by detailed allegations of insolvency and financial mismanagement. The motion was accompanied by extensive briefing, including memoranda of law, affirmations, and financial analysis submitted to the court.
In April 2023, the court issued an Order to Show Cause and granted temporary restraining relief, restricting the defendants’ ability to transfer or control assets while the motion was litigated. That relief was subsequently extended by stipulation as briefing continued through May 2023, culminating in plaintiff’s reply memorandum (NYSCEF Doc. 208).
Third-party legal database Trellis indicates that the receivership motion was granted, stating: “The Receivership Motion is GRANTED… [a receiver] is appointed…” (https://trellis.law/doc/135525697/order-proposed-corrected-appointing-receiver). However, a review of the publicly available NYSCEF docket reflects extensive motion practice concerning the appointment of a receiver but does not clearly show a separately entered order formally appointing a receiver.
Following the final round of briefing, the public docket becomes largely silent as to further substantive proceedings. The case is later marked disposed and closed, with no publicly available final judgment or detailed record of how the matter was resolved. The Norwalk, Connecticut location was subsequently sold in August 2024 to a national early education provider. Such outcomes are consistent with merchant cash advance litigation, where businesses facing significant financial pressure may restructure, liquidate assets, or exit operations following litigation.
The absence of a clearly entered receivership order on the public docket, contrasted with Trellis’s characterization, highlights the limited transparency in how the case ultimately concluded.
This article was drafted with the aid of Grok, an AI tool by xAI, under the direction and editing of Robert Cox to ensure accuracy and adherence to journalistic standards.