Saturday, August 5, 2017

FORMER PROCUREMENT DIRECTOR OF STATEN ISLAND DISTRICT ATTORNEY’S OFFICE CHARGED WITH EMBEZZLING GOVERNMENT FUNDS


Defendant Fraudulently Purchased Hundreds of Personal Items in Scheme to Defraud the Richmond County District Attorney’s Office of Over $440,000 

  A ten-count indictment was unsealed today in the United States District Court for the Eastern District of New York charging William Nelson, former Director of Procurement at the Richmond County District Attorney’s Office (RCDA), with one count of theft of funds and nine counts of mail fraud. The defendant is scheduled to be arraigned before United States Magistrate Judge James Orenstein at the Brooklyn federal courthouse. 

  The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Mark G. Peters, Commissioner, New York City Department of Investigation (DOI).

  As alleged in the indictment, for approximately 10 years between 2006 and 2016, Nelson stole over $440,000 from the RCDA as part of a long-term scheme to defraud the RCDA of funds. Specifically, Nelson used two RCDA American Express credit cards to purchase items such as jewelry, apparel, toys, sporting goods and memorabilia, alcohol, video games and movies, electronics, household items, grocery items, books, sundries, knives, survival gear, handbags, collectibles, souvenirs, event tickets, meals, lodging, airfare, excursions, and online services that he then used for his own benefit and the benefit of others. Nelson also used the online payment system PayPal to directly transfer thousands of dollars from the RCDA credit cards to his own personal bank account. In furtherance of his scheme, Nelson took steps to conceal his embezzlement, which included concealing the itemized credit card statements, mischaracterizing the nature of the purchases, and using his authority as Director of Procurement to approve payments of his fraudulent personal expenditures.

  “As alleged, Nelson abused his position as Procurement Director for the Richmond County District Attorney’s Office by engaging in a decade-long scheme to defraud 2 the DA’s office of nearly half a million dollars,” stated Acting United States Attorney Rohde. “Together with our law enforcement partners at the FBI and DOI, our Office will hold to account those who engage in such fraud, particularly where it disadvantages agencies tasked with safeguarding our communities.” Ms. Rohde thanked the Richmond County District Attorney’s Office for its assistance during the investigation.

  “This case is a textbook example of what can happen when power goes unchecked,” stated FBI Assistant Director-in-Charge Sweeney. “Not only did Nelson allegedly steal hundreds of thousands of dollars from the RCDA, but he shamefully exploited his official position to authorize the very transactions that made this possible. Instead of using taxpayer funds for their intended purpose, he allegedly used them for his own personal intentions. Our communities place a high level of trust in those who hold these positions, and that trust should never waver. We won’t allow schemers of any kind to put the public’s trust at risk.”

  “This defendant stole law enforcement funds to finance jet-setting vacations and purchase hundreds of thousands of dollars in luxury items, according to the charges,” stated DOI Commissioner Peters. “DOI has issued a report documenting how this scam was perpetrated for over a decade and recommended changes to safeguard our city’s finances. DOI thanks the United States Attorney’s Office for the Eastern District of New York for its partnership on this criminal investigation and the Richmond County District Attorney’s Office for its cooperation and swift action in implementing DOI’s recommendations.”

  The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces up to 10 years’ imprisonment on the theft of funds count and 20 years’ imprisonment on each of the mail fraud counts.

The Defendant: 
WILLIAM NELSON 
Age: 44 
New York, New York 

E.D.N.Y. Docket No. 17-CR-394 (RJD

NATIONAL PUBLIC SAFETY HONOR DAY


  The most powerful two words in the English language are "THANK YOU" and none deserves our 'thank you' more-so than the men and women who leave their homes and loved ones 24/7 to protect our homes and loved ones 24/7. Therefore on Tuesday, December 6, 2016, and the first Tuesday of December thereafter, Peace December International is humbly encouraging the public to show love and appreciation to all of our brave angels for keeping us, our loved ones and possessions safe 24/7. We can say ‘THANK YOU’ in many ways, such as handing flowers/roses, appreciation letters, handshakes, gifts of flowers, pictures taking, messages of appreciation through media, phone calls, etc...

Let your local law enforcement community know how much you appreciate their sacrifices. This would go a long way in cementing a healthier collaboration and greater mutually beneficial working relations.  #nationalpublicsafetyhonorday #peacedecember

Thank you!
Peace December International

'Re: NATIONAL PUBLIC SAFETY HONOR DAY

The most powerful two words in the English language are "THANK YOU" and none deserves our 'thank you' more-so than the men and women who leave their homes and loved ones 24/7 to protect our homes and loved ones 24/7. Therefore on Tuesday, December 6, 2016, and the first Tuesday of December thereafter, Peace December International is humbly encouraging the public to show love and appreciation to all of our brave angels for keeping us, our loved ones and possessions safe 24/7. We can say ‘THANK YOU’ in many ways, such as handing flowers/roses, appreciation letters, handshakes, gifts of flowers, pictures taking, messages of appreciation through media, phone calls, etc...

Let your local law enforcement community know how much you appreciate their sacrifices. This would go a long way in cementing a healthier collaboration and greater mutually beneficial working relations.  #nationalpublicsafetyhonorday #peacedecember

Thank you!

Peace December International

www.peacedecember.org'

Public Hearing Scheduled for the 5731 Broadway-Families with Children Shelter Contract


 This is for the Stagg building located at 5731 Broadway where Praxis Corp. and the Department of Homeless Services want to open 83 units of transitional housing. 

Notice that the contract goes into effect two days before the public hearing is to be held.

NOTICE IS HEREBY GIVEN that a Contract Public Hearing will be held on Thursday, August 17, 2017, at 1 Centre Street, Mezzanine, Borough of Manhattan, commencing at 10:00 A.M., on the following:


IN THE MATTER OF a proposed contract between the Department of Homeless Services of the City of New York and the contractor listed below, to operate a Stand Alone Transitional Residence for Homeless Families. The term of this contract will be from August 15, 2017 to August 14, 2022 with an option to renew from August 15, 2022 to August 14, 2026.

Vendor/Address:
Praxis Housing
Initiatives Inc.
17 Battery Place, Suite 307
New York, NY 10004

Amount: 
$26,413,130.00

The proposed contractor has been selected by means of the Competitive Sealed Proposal method (Open Ended Request for Proposals), pursuant to Section 3-03 (b) (2) of the Procurement Policy Board (PPB) Rules.

A draft copy of the proposed contract is available for public inspection at the Human Resources Administration of the City of New York, 150 Greenwich Street, 37th Floor, New York, NY 10007, on business days, from August 4, 2017 to August 17, 2017, excluding Saturdays, Sundays and holidays, from 10:00 A.M. to 5:00 P.M. If you need to schedule an inspection appointment and/or need additional information, please contact Paul Romain at (929) 221-5555.

YONKERS MAN SENTENCED TO 2 ½ to 7 ½ YEARS IN PRISON FOR KILLING PEDESTRIAN WHILE DRUNK DRIVING IN BRONX


Victim Was Father of Two Children 

  Bronx District Attorney Darcel D. Clark today announced that a Yonkers man has been sentenced to two-and-a-half to seven-and-a-half years in prison for fatally striking a pedestrian in the Bronx while driving with a blood alcohol content more than three times the state’s legal limit. 

   District Attorney Clark said, “Due to the defendant’s reckless actions, two young girls must grow up without their father. Driving while intoxicated is irresponsible and can result in tragedies like this one. The defendant will now spend time in prison and we hope this measure of justice can help ease the pain for the victim’s family.” 

  District Attorney Clark said the defendant, Jorge Hernaiz, 46, of Yonkers, a retired NYPD police officer, was sentenced today by Bronx Supreme Court Justice Martin Marcus to 2 ½ to 7 ½ years in prison. The defendant pleaded guilty to Aggravated Vehicular Homicide on June 13, 2017. 

  According to the investigation, on May 31, 2015, Hernaiz was driving in the area of Broadway and West 254th St., when he fatally struck Marino Nunez, 34. The defendant told police he had drank a bottle of vodka, and a blood test showed his blood alcohol content was 0.25 at the time he was apprehended by police/

  District Attorney Clark thanked Officer Michael Heit and Lt. James Hynes both of the 50th Precinct for their assistance in this case.

THREE BRONX MEN SENTENCED TO PRISON FOR ASSAULTING TWO MEN WHO TURNED OUT TO BE NYPD DETECTIVES


Victims Suffered Severe Injuries 

  Bronx District Attorney Darcel D. Clark today announced that three Bronx men have been sentenced to prison for a gang assault that inflicted serious injuries on two men who were later revealed to be undercover NYPD detectives. 

   District Attorney Clark said, “Surveillance video of this assault depicts a ruthless rampage against two men who in actuality were on the job serving our city as NYPD detectives. The defendants relentlessly beat the victims. I hope these sentences serve as some measure of justice for them and their families.” 

  District Attorney Clark said the defendants, Rafael Gonzalez, 33, of 333 East 181 St., Lorenzo Shoy, 26, of 2130 Tiebout Ave., and Rigoberto Fonseca, 24, of 2365 Lorillard Place, were sentenced on August 2, 2017 before Bronx Supreme Court Justice Robert Neary. Gonzalez was sentenced to eight-and-a-half years plus five years post-release supervision, Shoy was sentenced to two consecutive terms of five-and-a-half years plus two years postrelease supervision, and Fonseca was sentenced to five-and-a-half years plus four years postrelease supervision. The defendants were found guilty by a jury of Attempted Gang Assault first-degree on June 21, 2017. 

  According to trial testimony, on the morning of August 16, 2014, inside a store at 305 East 181 Street, the defendants, joined by several other men, repeatedly struck an undercover NYPD detective who was part of a “buy and bust” operation. The victim suffered head injuries and required surgery on his shoulder. Another undercover who rushed to help was also attacked and suffered a broken orbital bone as well as severe welts and bruising to his face.

  Two other defendants in this case have been sentenced: Michael Gonzalez, who initiated the assault and struck one victim with brass knuckles, pleaded guilty to Attempted Gang Assault in the first-degree and other charges and was sentenced to five years in prison; and Natequan Graham pleaded guilty to second-degree Assault and was sentenced to one year in jail. Another defendant, James Fields, will be sentenced on August 9, 2017.

Wave Hill Events Aug 18–Aug 25 Honey Weekend!


SAT, August 19    Family Art Project: Be a Bee
Join us for this classic Family Art Project. Outfit yourself with wings, antennae, a pollen cup and a kazoo to hum with. Buzz around in a hive of six-sided cells and forage in the flowers. Join in a bee parade and do a bee dance in a cardboard hive. Parade at 12:30PM, weather permitting. Free, and admission to the grounds is free until noonHoney Weekend event.  
WAVE HILL HOUSE, 10AM‒1PM


Sat, August 19    Honey Tasting
Meet family honey farmers HoneyGramz and taste the Bees Knees honey ofBushwick Kitchen. You’ll be amazed at the complex flavors of different varieties of honey! Sample a few, then purchase your favorite to take home. Free, and admission to the grounds is free until noonHoney Weekend event.
PERKINS VISITOR CENTER, 10AM−4PM

Sat, August 19    Garden Highlights Walk
Join us for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.
MEET AT PERKINS VISITOR CENTER, 11AM

Sat, August 19    Bees and Beekeeping Information Station
Chat with beekeepers, try on beekeeping gear, peek inside a hive and learn fascinating facts about honeybees. Free, and admission to the grounds is free until noonHoney Weekend event.
WAVE HILL HOUSE, 11AM−3PM

Sat, August 19    Candle Making Drop-in Workshop
Try your hand at creating an assortment of beeswax candles to take home and enjoy. Materials fee: $15 per kit, which includes enough to make several candles. Honey Weekend event.
WAVE HILL HOUSE, 11AM−3PM

Sat, August 19    Honey Extraction Demonstration
Drop in and see the sticky process of extracting honey from the comb with our resident bee experts. Free, and admission to the grounds is free until noon.Honey Weekend event.
WAVE HILL HOUSE, NOON−3PM

Sat, August 19    Wave Hill History Walk
Discover the fascinating history of Wave Hill’s architecture and landscape on a walk with a Wave Hill Garden Guide. Hear about the people who once called Wave Hill home, among them Mark Twain, Theodore Roosevelt, Bashford Dean and Arturo Toscanini. Free with admission to the grounds.
MEET AT PERKINS VISITOR CENTER, 1PM


Sat, August 19    Gallery Tour
Wave Hill’s Curatorial Fellow will lead a tour of the summer exhibitions in Glyndor Gallery. An exuberant counterpoint to Wave Hill’s lush summer gardens, Flora Fantastica! shows the work of four artists who share an interest in using pattern derived from cultural and botanical sources to create fantastic hybrid forms. Nancy BlumAmy Cheng and Elisabeth Condon each has an entire room for their paintings. Jill Parisi creates an installation for the entry foyer. In the Sunroom Project Space, Jan Mun combines digital and living media to explore the movement of plant species and the immigrant experience, while a window installation by David Rios Ferreira contains drawings and collages with cartoon-inspired characters, along with historical, cultural and contemporary pop references. Free with admission to the grounds.
GLYNDOR GALLERY, 2PM

Sun, August 20    Family Art Project: Be a Bee
Join us for this classic Family Art Project. Outfit yourself with wings, antennae, a pollen cup and a kazoo to hum with. Buzz around in a hive of six-sided cells and forage in the flowers. Join in a bee parade and do a bee dance in a cardboard hive. Parade at 12:30PM, weather permitting. Free with admission to the grounds. Honey Weekend event.  
WAVE HILL HOUSE, 10AM‒1PM


Sun, August 20    Honey Tasting
Taste the liquid and creamed honeys produced locally by Senter Honey Bee Farms and the Bees Knees honey of Bushwick Kitchen. You’ll be amazed at the complex flavors of different varieties of honey! Sample a few, then purchase your favorite to take home. Free with admission to the grounds. Honey Weekend event.
PERKINS VISITOR CENTER, 10AM−4PM

Sun, August 20    Bees and Beekeeping Information Station
Chat with beekeepers, try on beekeeping gear, peek inside a hive and learn fascinating facts about honeybees. Free with admission to the grounds. Honey Weekend event.
WAVE HILL HOUSE, 11AM−3PM

Sun, August 20    Candle Making Drop-in Workshop
Try your hand at creating an assortment of beeswax candles to take home and enjoy. Materials fee: $15 per kit, which includes enough to make several candles. Honey Weekend event.
WAVE HILL HOUSE, 11AM−3PM

Sun, August 20    Honey Extraction Demonstration
Drop in and see the sticky process of extracting honey from the comb with our resident bee experts. Free with admission to the grounds. Honey Weekend event.
WAVE HILL HOUSE, NOON−3PM

Sun, August 20    Garden Highlights Walk
Join us for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.
MEET AT PERKINS VISITOR CENTER, 2PM

Mon, August 21    
Closed to the public.


Tue, August 22    Garden Highlights Walk
Join us for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.
MEET AT PERKINS VISITOR CENTER, 11AM

Tue, August 22    Gallery Tour
Wave Hill’s Curatorial Fellow leads a tour of the summer exhibitions in Glyndor Gallery. An exuberant counterpoint to Wave Hill’s lush summer gardens, Flora Fantastica! shows the work of four artists who share an interest in using pattern derived from cultural and botanical sources to create fantastic hybrid forms.Nancy BlumAmy Cheng and Elisabeth Condon each has an entire room for their paintings. Jill Parisi creates an installation for the entry foyer. In the Sunroom Project Space, Jan Mun combines digital and living media to explore the movement of plant species and the immigrant experience, while a window installation by David Rios Ferreira contains drawings and collages with cartoon-inspired characters, along with historical, cultural and contemporary pop references. Free with admission to the grounds.
GLYNDOR GALLERY, 2P

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–5:30PM, starting March 15.  Closes 4:30PM, November 1–March 14.
ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

Attorney General Eric T. Schneiderman - Doing Well While Doing Good Seminar


AG banner_NEW

The Attorney General’s Charities Bureau is pleased to invite you to attend a Charities Presentation in collaboration with Congressmember Adriano Espaillat. The event will include presentations on the Attorney General’s oversight role for New York not-for-profits, duties of Officers and Directors of not-for-profits, transactions by not-for-profits, and fundraising. The presentation is part of the Charities Bureau’s educational program designed to assist non-profit organizations in New York in fulfilling their missions effectively while complying with the legal mandates of this State.
The Symposium will be held on Thursday, August 10, 2017 - 8:30 AM to 11:00 AM  at:

Adam Clayton Powell Jr. State Office Building

163 West 125th Street, 3rd Floor 
New York, NY 10027



If you have any questions, please contact the Attorney General’s Charities Bureau at (212) 416-8402 or charities.bureau@ag.ny.gov


We look forward to seeing you on August 10th. 

Sincerely,

Eric Schneiderman


Friday, August 4, 2017

High-Ranking “Ygz” Gang Member Sentenced To 41 Years In Prison For Stomping Murder Of 16-Year-Old And Other Crimes


  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that WENDELL BELLE, a/k/a “Delly Dell,” was sentenced this afternoon to a term of 384 months of imprisonment in federal custody, which must run consecutively to a prior sentence of 108 months of imprisonment in state custody, for his crimes as a high-ranking member of the “Young Gunnaz” or “YGz” gang. Those crimes included the April 16, 2012 murder of Moises Lora, a/k/a “Noah,” 16, during which BELLE and several other YGz gang members stomped Lora to death in a courtyard in the Melrose housing projects in the Bronx, and the November 26, 2013 attempted murder of a rival gang member, whom BELLE shot near the Bronx Criminal Courthouse. BELLE was sentenced in Manhattan federal court by United States District Judge Valerie E. Caproni, before whom he previously pled guilty.

Acting Manhattan U.S. Attorney Joon H. Kim said: “Wendell Belle and his fellow gang members stomped to death Moises Lora, a frail, 90-pound, 16-year-old, a few yards from a playground, and Belle later shot a rival gang member on a busy street in the middle of a workday near the Bronx Criminal Courthouse. The sentence imposed holds Belle accountable for his brutal crimes, and we hope that it also brings some comfort to the victims of Belle’s crimes, including the family of Moises Lora. Together with our law enforcement partners, we will continue to aggressively prosecute those who engage in such violence in our communities.”
According to the charging and other documents filed in the case, as well as the evidence presented at a co-defendant’s presentencing hearing and statements made during BELLE’s guilty plea and sentencing proceedings and other court proceedings in this case:
BELLE was a high-ranking member of the Bronx-based street gang known as the YGz. From at least 2005 to 2016, members and associates of the YGz enriched themselves by committing robberies and by selling drugs, such as crack cocaine, heroin, and marijuana, and committing acts of violence, including the murder of rival gang members, rival drug traffickers, and innocent bystanders. As part of his involvement in the YGz gang, BELLE participated in numerous acts of violence in the South Bronx.
For example, as part of his involvement in the YGz gang, BELLE and several other YGz gang members murdered Moises Lora, a member of a rival gang, on April 16, 2012, in the South Bronx. On the date of the murder, a group of YGz members, including BELLE, got drunk, and began arguing among themselves about who had done the most violence for the YGz. This group of YGz members went to the territory of a rival gang in the Melrose housing projects to settle their dispute. Upon arriving at the Melrose projects, BELLE and other members of the YGz saw Lora and attacked him. During the attack, Lora’s skull was fractured in several places. BELLE and the group left Lora to die. Following the stomping, BELLE and several of his confederates bragged to fellow YGz members about what they had done.
In addition, on November 26, 2013, BELLE shot and attempted to kill a rival gang member in the vicinity of the Bronx County Criminal Court.
Mr. Kim praised the outstanding work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the New York City Police Department in the investigation of this case. He also thanked the Bronx County District Attorney’s Office for their support in this case.

Gary Hirst, Former President And Chairman Of The Board Of Gerova Financial Group, Sentenced To Over Six Years In Prison For Defrauding Shareholders Of $72 Million In Stock


   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that GARY HIRST, former president and chairman of the board of Gerova Financial Group, Ltd. (“Gerova”), a publicly traded company listed on the New York Stock Exchange, was sentenced to 78 months in prison for defrauding the shareholders of that company by secretly giving away nearly $72 million of company stock to himself and his co-conspirators for no legitimate business purpose. HIRST was convicted after a two-week trial in September, 2016, before U.S. District Judge P. Kevin Castel.

Acting U.S. Attorney Joon H. Kim said: “Today’s sentence reflects the magnitude of Gary Hirst’s massive fraud scheme, which netted tens of millions in ill-gotten gains. Hirst and his co-conspirators issued large amounts of stock, lied about their roles, and found other novel means to defraud the stockholders of Gerova Financial and the investing public. Ultimately, Hirst’s stock manipulation resulted not in huge returns, but instead in a long prison sentence.”

According to the allegations contained in the Indictment as well as the evidence presented during trial[1]:
From 2009 to 2011, GARY HIRST, along with his co-conspirators Jason Galanis, John Galanis, Derek Galanis, Ymer Shahini, and Gavin Hamels, engaged in a scheme to defraud the shareholders of Gerova, and the investing public, by issuing shares of Gerova stock for no legitimate business purpose and by effecting securities transactions in Gerova stock for the purpose of conferring millions of dollars of undisclosed remuneration on HIRST and his co-conspirators.

As a part of the scheme to defraud, GARY HIRST and Jason Galanis obtained sufficient control over Gerova to be able to cause Gerova to enter into transactions of their own design, and for their benefit, including the issuance of Gerova stock. Jason Galanis obtained this control without causing himself to be identified as an officer or director of Gerova in order to appear to abide by an SEC-imposed bar which forbade him from holding such positions at publicly traded companies. Among other means and methods, HIRST caused over 5 million shares of Gerova stock, which represented nearly half the company’s public float and which were intended for HIRST and his co-conspirators’ ultimate benefit, to be issued to and held in the name of Ymer Shahini, who knowingly served as a foreign nominee for the co-conspirators. HIRST, Jason Galanis, John Galanis, Jared Galanis, Derek Galanis, and Shahini understood that the purpose of the stock grant to Shahini was to disguise the co-conspirators’ true ownership interest in the stock, and to evade the SEC’s regulations for issuing unregistered shares of stock.

In furtherance of the scheme, HIRST and his co-conspirators created fraudulent, back-dated documents to conceal their theft of the stock and cover their tracks. Also in furtherance of the scheme, HIRST deliberately misled Gerova’s other officers, including its chief financial officer, and caused Gerova to fail to disclose the stock giveaway in Gerova’s public filings with the SEC. In a telephone call with Jason Galanis that was recorded by the FBI, HIRST gloated, upon reviewing a draft of one such public filing, “That whole, that whole Shahini thing, I mean, nobody, they totally missed it. Everybody.”

At the same time, and as a further part of the scheme to defraud, HIRST’s co-conspirators opened and managed brokerage accounts in the name of Shahini (the “Shahini Accounts”), effected the sale of Gerova stock from the Shahini Accounts, and received and concealed the proceeds, knowing that this activity was designed to conceal from the investing public the fraudulent nature of the co-conspirators’ ownership of and control over the Gerova stock.

Jason Galanis, among others, also fraudulently induced investment advisers, including Gavin Hamels, to purchase shares of Gerova stock in the investment advisers’ client accounts by offering compensation and/or other benefits to the respective investment adviser. By causing the purchase of Gerova stock at the time, quantity, and/or price of their choosing, the co-conspirators were able to, among other things, effectuate the sale of large quantities of Gerova stock from the Shahini Accounts that the co-conspirators controlled while artificially maintaining the price of Gerova stock through coordinated matched trading. Such coordinated trading served to manipulate the market for Gerova stock and deceive the investing public.

As a result, GARY HIRST, Jason Galanis, and their co-conspirators reaped nearly $20 million in profits, including approximately $2.6 million that benefitted HIRST directly.


In addition to the prison term, GARY HIRST, 64, was sentenced to 1 year of supervised release. HIRST was also ordered to forfeit $19,038,650.53, and restitution to be determined at a later date.

Jason Galanis, who pled guilty to two counts of conspiracy to commit securities fraud, one count of securities fraud, and one count of investment adviser fraud, was sentenced to a term of 135 months in prison on February 15, 2017. John Galanis and Derek Galanis, each of whom pled guilty to one count of conspiracy to commit securities fraud and one count of securities fraud, were each sentenced to a term of 72 months’ imprisonment on February 16, 2017. Jared Galanis, who pled guilty to misprision of a felony, was sentenced to a term of 150 days in prison on January 11, 2017. Gavin Hamels, who pled guilty to one count of conspiracy to commit securities fraud, one count of securities fraud, and one count of investment adviser fraud, is scheduled to be sentenced before Judge Castel on November 29, 2017. Defendant Ymer Shahini remains a fugitive.

Mr. Kim praised the work of the U.S. Postal Inspection Service and the Federal Bureau of Investigation, and thanked the SEC.

This charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
[1] As for co-defendant Ymer Shahini, who remains a fugitive, the description of the charges set forth herein constitute only allegations.

Manhattan U.S. Attorney Announces Arrest In Scheme To Defraud Investors In Purported Medical And Pharmaceutical Businesses


  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a criminal Complaint charging PATRICK MURACA with wire fraud, in connection with a scheme to defraud investors in purported medical and pharmaceutical companies owned and controlled by MURACA. MURACA was arrested this morning in Pittsfield, Massachusetts, and is expected to be presented in federal court in Springfield, Massachusetts, later today.

Acting U.S. Attorney Joon H. Kim said: “Patrick Muraca promised investors their money would be used to expand his businesses, but as alleged, he instead used those funds to line his pockets. Thanks to the investigative work of the FBI, Muraca must now answer for his fraud.”

FBI Assistant Director-in-Charge William Sweeney said: “The prevalence of fraud in today’s society is simply troubling. Misappropriating investor funds for one’s own indulgences will never be taken lightly, and fraud of any kind will be thoroughly investigated.”

According to the allegations in the Complaint[1] unsealed today in Manhattan federal court:

MURACA, the former President of Nuclea Biotechnologies, Inc., which filed for bankruptcy in August 2016, founded two new businesses in 2016: NanoMolecularDX LLC (“NanoMolecular”) and MetaboRx LLC (“Metabo”). In sworn testimony during a deposition conducted by the Securities and Exchange Commission (“SEC”) in April 2017, MURACA stated that NanoMolecular’s primary business is to develop medical diagnostic tests and that Metabo is a pharmaceutical company.

From at least in or about May 2016 up to and including in or about June 2017, MURACA solicited and received a total of more than approximately $1 million from investors by making false and misleading representations that the investors’ money would be used to expand the business of NanoMolecular and Metabo. MURACA then misappropriated hundreds of thousands of dollars of these investors’ funds and used the misappropriated money for personal expenses. For example, MURACA spent tens of thousands of dollars of investor funds on rent, utilities, and food distributor expenses related to the operation of a restaurant owned by his fiancĂ©e. In addition, MURACA wrote approximately $176,000 in checks to himself from the bank accounts associated with NanoMolecular and Metabo, and he used investor funds to make purchases of hundreds of dollars each at a cigar store, an online ticket retailer, and a tattoo and piercing establishment, among other businesses.


MURACA, of Pittsfield, Massachusetts, is charged in the Complaint with one count of wire fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Kim praised the investigative work of the FBI in this case, and thanked the SEC, which has filed civil charges in a separate action.

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney David Abramowicz is in charge of the prosecution.

The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
 
[1] As the introductory phase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.