Thursday, November 7, 2019

U.S. Attorney Announces The Arrest Of 27 Individuals, Including NYPD Employees, For A Massive Bribery Scheme Relating To No-Fault Automobile Insurance Policies


The Defendants, Including NYPD Employees, Medical Personnel, and Others, Are Alleged To Have Accepted Cash Bribes In Return For Providing the Leaders of the Scheme with the Confidential Information of More Than 60,000 Automobile Accident Victims

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York,  William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Anthony A. Scarpino Jr., the Westchester County District Attorney, Keith M. Corlett, Superintendent of the New York State Police (“NYSP”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the arrest today of 27 individuals – including five 911 operators and a uniformed police officer employed by the New York City Police Department (“the NYPD Defendants”) – in connection with a multimillion-dollar scheme to commit bribery and violate the Health Insurance Portability and Accountability Act (“HIPAA”) (the “No-Fault Scheme”).  Twenty-three of the 27 defendants were arrested this morning in New York and New Jersey and are scheduled to appear before U.S. Magistrate Gabriel Gorenstein in federal court later today.  Defendant LATIFAH ABDUL-KHALIQ will be presented today before a U.S. Magistrate Judge in North Carolina, and defendant KOURTNEI WILLIAMS will be presented today before a U.S. Magistrate Judge in Miami, Florida.  Defendant LEON BLUE, a/k/a “Boochie,” is in custody in New Jersey and will be presented in Manhattan at a later date.  Defendant TARA ROSE, a/k/a “Christine Waters,” a/k/a “Christine Hinds,” a/k/a “Taylor Hinds,” was also arrested this morning, and will be presented in Manhattan at a later date.  The case is assigned to U.S. District Judge Paul G. Gardephe.

As part of the scheme, the alleged ringleader, defendant ANTHONY ROSE, a/k/a “Todd Chambers,” and his co-conspirators bribed 911 operators, medical personnel, and police officers for the confidential information of tens of thousands of motor vehicle accident victims.  Using this information, ROSE and his co-conspirators contacted victims, lied to them, and steered them to clinics and lawyers handpicked by ROSE and his associates. These clinics and lawyers then paid ROSE kickbacks for these referrals, which ROSE distributed to co-conspirators as payments and bribes.
Manhattan U.S. Attorney Geoffrey S. Berman said:  “Anthony Rose and his associates masterminded a brazen scheme that involved bribing 911 operators, medical personnel, and police officers for the confidential information of tens of thousands of motor vehicle accident victims.  These actions have undermined the integrity of our emergency and medical first responders.  This Office is committed to rooting out corruption wherever it is found, and will not rest until those who seek to profit by corrupting our public institutions are bought to justice.” 
FBI Assistant Director William F. Sweeney Jr. said:  “The charges alleged in today’s indictment describe a scheme that blatantly violated HIPAA laws and actively targeted those the act was established to protect. May today’s arrests be a reminder to everyone that capitalizing on the pain and suffering of others won’t win you any favors in the court of law.”
Westchester District Attorney Anthony A. Scarpino Jr. said:  “This five-year-long collaborative investigation, initiated by my Office and the New York State Police, is significant as it has exposed the systematic flaws in the no-fault insurance laws and those who seek to abuse them.  My Office is committed to uncovering fraud and prosecuting those who profit by abuse.  The nature of this fraud and bribery results in higher insurance premiums and unnecessary medical costs which impacts us all.  Hopefully, this prosecution will act as a deterrent to those who seek to profit illegally by gaming the system.  I want to thank our law enforcement partners – U.S. Attorney Berman and the Southern District, the New York State Police, the National Insurance Crime Bureau, New York State Department of Financial Services and the F.B.I. – in rooting out this extensive corruption and bringing those responsible to justice.” 
State Police Superintendent Keith M. Corlett said:  “It is unconscionable for any entrusted public official to use their authority or position as a public servant to take advantage of others, especially in the manner alleged.  I commend our State Police members and all of our law enforcement partners for their outstanding investigative work on this case.  It sends a clear message that no one is above the law, and such alleged abuse of power, especially when it involves the manipulation of victims, will not be tolerated.”
NYPD Commissioner James P. O’Neill said: “Corruption, in all forms, is intolerable within the NYPD and we continue to work with our law enforcement partners to expose these sorts of schemes. Insurance fraud costs companies and policy holders millions upon millions of dollars a year and I want to thank the FBI, the U.S. Attorney’s Office in the Southern District of New York, the New York State Police, the National Insurance Crime Bureau, the NYC Department of Financial Services, the Westchester County D.A.’s office and our NYPD investigators who brought justice for victims in this case.”
According to allegations contained in the Indictment[1] unsealed today in Manhattan federal court:  
Background of the Scheme
The charges in the Indictment result from a multi-year investigation of a widespread bribery, corruption, and kickback scheme relating to New York and New Jersey no fault automobile insurance.  Since 2017, the U.S. Attorney’s Office for the Southern District of New York, the FBI, and the Westchester County District Attorney’s Office have been investigating a criminal enterprise that utilizes the New York and New Jersey no-fault automobile insurance regime to earn millions of dollars in illegal profits.
New York and New Jersey no-fault insurance laws require a driver’s automobile insurance company to pay automobile insurance claims automatically for certain types of motor vehicle accidents, provided the claim is legitimate, and is below a particular injury or damages threshold.  Pursuant to these requirements, insurance companies will often pay medical service providers directly for the treatment they provide to automobile accident victims, without the need to bill the victims themselves.  This process resolves automobile claims without apportioning blame or fault for the accident, thereby avoiding protracted disputes, and the costs associated with an extended investigation of the accident.  ANTHONY ROSE, a/k/a “Todd Chambers,” and his associates, exploited these procedures by bribing individuals with access to confidential information about motor vehicle accident victims, using this information to contact victims under false pretenses, and steering these victims to seek treatment at medical clinics and legal representation from lawyers who were willing to pay kickbacks for the referrals.   
Since at least in or about 2014, ROSE and his co-conspirators have bribed as many as 50 people, whom they called “lead sources” who, at the time they accepted the bribes, were working for federally funded hospitals (the “Hospital Defendants”), the NYPD (the “NYPD Defendants”), and other entities.  ROSE paid these lead sources as much as $4,000 per month, and continuously worked to identify new lead sources, largely through word of mouth, and through the extensive corrupt network he established.  Lead sources were paid in cash and “off the books.” In return, these lead sources unlawfully disclosed protected, confidential information to ROSE and his co-conspirators including victims’ names, contact information, and medical information.
After receiving the confidential victim information from the lead sources, ROSE and his associates provided the information to co-conspirators working at Rose’s Call Center (the “Call Center Defendants”) located in Brooklyn, New York.  The Call Center was staffed with 10 to 15 “employees,” who contacted the accident victims on a daily basis and steered them to seek medical treatment at clinics and law firms handpicked by ROSE.  The Call Center Defendants followed a pre-established “script” during these communications.  Among other things, the Call Center Defendants falsely told accident victims that they were calling from an organization affiliated with the New York Department of Transportation, and that their organization had obtained the victims’ contact information through a so-called Personal Injury Hotline. The Call Center Defendants also brazenly lied that they were calling to protect victims from people who obtain victims’ information illegally and mislead victims into seeking treatment with certain providers.  In actuality, the true perpetrators of these illegal acts were none other than ROSE and his co-conspirators.
In selecting which motor vehicle accident victims to call, ROSE instructed the Call Center Conspirators to target victims from low-income neighborhoods because, in ROSE’s view, these individuals could be more easily brought into the scheme. 
Scope and Participants In the Scheme
From at least in or about 2014 to the present, ROSE and his co-conspirators illegally steered more than 6,000 motor vehicle accident victims to participating clinics and lawyers, who paid kickbacks in return for the referrals.  In addition, this figure is a fraction of the number of actual accident victims whose confidential information was unlawfully disclosed as part of the No-Fault Scheme.  The Call Center Conspirators successfully induced approximately 1 in 10 accident victims to seek treatment or representation from participating clinics and lawyers. Thus, the No-Fault Scheme resulted in the improper disclosure of the confidential information of at least 60,000 motor vehicle accident victims. ROSE and co-conspirators further earned, on average, approximately $3,000 per successful referral.
ROSE and the co-conspirators went to elaborate lengths to conceal the No-Fault Scheme from law enforcement.  Among other deceptive tactics, the co-conspirators generally referred to one another only by aliases;  used “burner” phones with temporary and unidentifiable phone numbers, switched their phone every 60 days; set up numerous fictitious companies; corresponded through encrypted mobile applications; and utilized concealed spreadsheets, which tracked the bribe payments to lead sources, in secret email accounts that co-conspirators could access remotely.  The members of the conspiracy also assigned unique code names to each lead source, such as “J1,” “P2,” and “G6,” and used these code names to refer to lead sources during communications rather than using their true names. 
The Indictment, unsealed today, charges ROSE and the Hospital Defendants with conspiracy to violate the Travel Act, unlawful disclosure of protected health care information, and bribery.  Six other leaders of the conspiracy, including members of ROSE’s family, and the five Call Center Defendants were charged with conspiracy to violate the Travel Act.  In addition, the six NYPD Defendants were charged with conspiracy to violate the Travel Act and bribery.  The names of the defendants, the charges against them, and other information is set forth below.  
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendants will be determined by a judge.
Mr. Berman praised the work of the FBI, the New York State Police, the New York City Police Department, the New York City Department of Financial Services, the Westchester County District Attorney’s Office, and the National Insurance Crime Bureau.  Mr. Berman noted that the investigation is ongoing.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit, and the White Plains Division.  Assistant United States Attorneys Mathew Andrews, Louis A. Pellegrino, Celia Cohen, and Courtney Heavey are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the texts of the Indictment and the descriptions of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation.

Defendant
Age
Hometown
Charges (Potential Maximum Term of Imprisonment)
ANTHONY ROSE,
a/k/a “Todd Chambers” 
51
Jamaica, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)



JELANI WRAY,
a/k/a “Lani”
a/k/a “J.R.” 
35
Brooklyn, New York


Travel Act Conspiracy.
(5 years)


NATHANIEL COLES,
a/k/a “Nat”

66
Cortlandt Manor, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)


TARA ROSE,
a/k/a “Christine Waters,”     
a/k/a “Christine Hinds,”     
a/k/a “Taylor Hinds”
48
Jamaica, New York
Travel Act Conspiracy.
(5 years)

ANTHONY ROSE, Jr.,
a/k/a “Sean Wells”
32
Cambria Heights, New York


Travel Act conspiracy, federal programs bribery.
(15 years)


CHRISTINA GARCIA,
a/k/a “Cindy”
35
Jersey City, New Jersey


Travel Act Conspiracy.
(5 years)


LUIS VILELLA,
a/k/a “Angel Martinez”
32
Bronx, New York


Travel Act Conspiracy.
(5 years)


LEON BLUE,
a/k/a “Boochie”
54
Brooklyn, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)


CLARENCE FACEY,
a/k/a “Face”
34
Brooklyn, New York


Travel Act Conspiracy.
(5 years)



ANA RIVERA,
a/k/a “Melissa Ramos”
  
41
Woodhaven, New York


Travel Act Conspiracy.
(5 years)



DEJAHNEA BROWN,
a/k/a “Michelle Williams”

29
Saint Albans, New York


Travel Act Conspiracy.
(5 years)



TONYA THOMAS,
a/k/a “Karen Schwartz”

48
Brooklyn, New York


Travel Act Conspiracy.
(5 years)



ANGELA MELECIO,
a/k/a “Angie,”
a/k/a “P5”

40
Amityville, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)



STEPHANIE PASCAL,
a/k/a “Steph,”
a/k/a “P2”

47
Brooklyn, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)


MAKEBA SIMMONS

29
Bridgeport, Connecticut


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)



EDWARD ABAYEV,
a/k/a “Eddie”

51
Staten Island, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)



GRACIELA BORRERO,
a/k/a “Grace,”
a/k/a “P8”

42

Brooklyn, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)



BARRINGTON REID,
a/k/a “P9”

60
Bronx, New York


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)



TONJA LEWIS,
a/k/a “J1”

53
Belleville, New Jersey


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)



RAYMOND PARKER,
a/k/a “Andre”
a/k/a “J2”

41
Newark, New Jersey


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)

BERLISA BRYAN,
a/k/a “Lisa”

53
Edison, New Jersey


Travel Act conspiracy, Wrongful disclosure of healthcare information, federal programs bribery.
(25 years)

ANGELA MYERS,
a/k/a “Angie”

37
Brooklyn, New York


Travel Act conspiracy, federal programs bribery.
(15 years)



LATIFAH ABDUL-KHALIQ

47
Raleigh,  North Carolina


Travel Act conspiracy, federal programs bribery.
(15 years)



SHAKEEMA FOSTER

27
Brooklyn, New York


Travel Act conspiracy, federal programs bribery.
(15 years)



KOURTNEI WILLIAMS

33
Brooklyn, New York


Travel Act conspiracy, federal programs bribery.
(15 years)




MAKKAH SHABAZZ, a/k/a “Mecca”

43
Long Island City, New York


Travel Act conspiracy, federal programs bribery.
(15 years)



YANIRIS DELEON, a/k/a “Jen”
           
29
New York, New York


Travel Act conspiracy, federal programs bribery.
(15 years)

Dark Web Narcotics Trafficker Pleads Guilty To Laundering More Than $19 Million


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that HUGH BRIAN HANEY pled guilty in Manhattan federal court today to money laundering charges, based on his attempt to launder the proceeds of a narcotics trafficking operation that HANEY ran on the Dark Web site known as “Silk Road.”  U.S. District Judge Jed S. Rakoff presided over the defendant’s guilty plea.

U.S. Attorney Geoffrey S. Berman said:  “Hugh Haney used Silk Road as a means to sell drugs to people all over the world.  Then he laundered more than $19 million in profits through cryptocurrency.  Peddling drugs on the Dark Web does not provide anonymity forever, as Hugh Haney can attest.”
As alleged in the underlying Complaint, Indictment and statements made in open court:
Silk Road was an online criminal marketplace designed to be outside the reach of law enforcement or governmental regulation.  All transactions on Silk Road could be completed only through use of the cryptocurrency Bitcoin.  During its two-and-a-half years in operation, Silk Road was used by several thousand drug dealers and other unlawful vendors to distribute hundreds of kilograms of illegal drugs and other illicit goods and services to well over 100,000 buyers, and to launder hundreds of millions of dollars deriving from these unlawful transactions.  Law enforcement shut down Silk Road in or about October 2013. 
One prominent narcotics vendor on Silk Road was called “Pharmville.”  The operators of Pharmville supplied a dedicated community of individuals who often traded illicit narcotics.  Pursuant to a judicially authorized warrant of HANEY’s house in Ohio in 2018, law enforcement agents found evidence that HANEY was a high-ranking member of Pharmville, involved in large-scale narcotics trafficking on Silk Road.  Among the documents found on a computer in HANEY’s house was a document entitled “HBH DAILY TO DO LIST,” which, among other things, referred to Silk Road, Pharmville, and large-scale narcotics trafficking, including of the deadly opioid fentanyl.
In 2017 and 2018, HANEY transferred Bitcoins representing narcotics proceeds that he had earned through his control of Pharmville from Bitcoin addresses connected to Silk Road to an account HANEY controlled at a company involved in the exchange of Bitcoins and other digital currency (“Company-1”).  In correspondence with Company-1, HANEY falsely claimed that he had legitimately earned these Bitcoins through cryptographically creating them and from fair transfers with others, while in reality the Bitcoin were derived from transfers from Silk Road.  After HANEY transferred the Bitcoins to cash worth more than $19 million through Company-1, law enforcement seized the money pursuant to a judicially authorized seizure warrant from a custodial account at a bank (“Bank-1”).
HANEY, 61, of Ohio, was arrested July 18, 2019, and has been in federal custody since.  HANEY pled guilty to one count of concealment money laundering, which carries a maximum sentence of 20 years in prison, and one count of engaging in a financial transaction in criminally derived property, which carries a maximum sentence of 10 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
HANEY is scheduled to be sentenced by Judge Rakoff on is February 12, 2020.
Mr. Berman praised the outstanding investigative work of the Department of Homeland Security, Homeland Security Investigations. 

AG James Secures Court Order Against Donald J. Trump, Trump Children, And Trump Foundation


AG James Achieves Restitution of Misused Funds, Dissolution of Foundation, and Restrictions on Charitable Activity After Donald J. Trump’s Abuse of the Trump Foundation 
Trump to Pay $2 Million in Damages for Illegal Activity During 2016 Election 
  New York Attorney General Letitia James today announced that the New York Supreme Court ordered Donald J. Trump to pay $2 million in damages for improperly using charitable assets to intervene in the 2016 presidential primaries and further his own political interests. The award is part of Attorney General James’ lawsuit against the Donald J. Trump Foundation and its directors — Mr. Trump, Donald Trump Jr., Ivanka Trump, and Eric Trump.
As part of the settlement, Attorney General James also announced that her office entered into multiple stipulations with the Trump Foundation and its directors to resolve the remaining claims in the lawsuit. Chiefly, Mr. Trump admits to personally misusing funds at the Trump Foundation, and agrees to restrictions on future charitable service and ongoing reporting to the Office of the Attorney General in the event he creates a new charity. The settlements also include mandatory training requirements for Donald Trump Jr., Ivanka Trump, and Eric Trump. Finally, the settlements name the charities that will receive the remaining assets of the Trump Foundation as part of its dissolution.
“The Trump Foundation has shut down, funds that were illegally misused are being restored, the president will be subject to ongoing supervision by my office, and the Trump children had to undergo compulsory training to ensure this type of illegal activity never takes place again,” said Attorney General James. “The court’s decision, together with the settlements we negotiated, are a major victory in our efforts to protect charitable assets and hold accountable those who would abuse charities for personal gain. My office will continue to fight for accountability because no one is above the law — not a businessman, not a candidate for office, and not even the President of the United States.”
The lawsuit against the Donald J. Trump Foundation was filed in June 2018 — charging the Foundation’s directors with ignoring their oversight duties under New York’s charity laws and demonstrating how Mr. Trump repeatedly used Foundation money for his own personal, business, and political interests, including the unlawful coordination with his 2016 presidential campaign. In the first half of 2016 — at the height of the Republican primaries — Mr. Trump used Foundation money, raised from the public, to demonstrate his purported generosity and attract votes. Mr. Trump and his campaign doled out $500,000 at a campaign rally in the days leading up to the first primary election in the nation, the Iowa caucuses, then took credit for all $2.8 million in grants the Foundation made.
In her decision ordering Mr. Trump to pay $2 million, Justice Saliann Scarpulla said, “…Mr. Trump breached his fiduciary duty to the Foundation and that waste occurred to the Foundation. Mr. Trump’s fiduciary duty breaches included allowing his campaign to orchestrate the Fundraiser, allowing his campaign, instead of the Foundation, to direct distribution of the Funds, and using the Fundraiser and distribution of the Funds to further Mr. Trump’s political campaign.”
In total, the Office of the Attorney General has entered into four stipulation agreements as part of this settlement.
Last year, in December 2018, following a court decision in favor of the Attorney General’s Office, the first stipulation took effect when the Trump Foundation agreed to shutter its doors and dissolve under court supervision. In October 2019, the Office of the Attorney General entered three additional stipulations. One stipulation ensures that the Foundation’s remaining assets will go to reputable charities approved by Attorney General James and that have no connection to Mr. Trump or his family members. Another stipulation ensures that Donald Trump, Jr., Ivanka Trump, and Eric Trump received training on the duties of officers and directors of charities so that they cannot allow the illegal activity they oversaw at the Trump Foundation to take place again.    
The third stipulation includes 19 paragraphs of factual admissions by Mr. Trump and the Foundation of illegal activity. Mr. Trump admitted that the Foundation’s board of directors — of which he was chair — failed to meet, failed to provide oversight over the Foundation, and failed to adopt legally required policies and procedures. He also admitted that these failures “contributed to the Foundation’s participation” in seven related party transactions described in the settlement document and in the Attorney General’s lawsuit. 
Mr. Trump and the Foundation have admitted key facts about their illegal political coordination with the Trump campaign, including that a purported Foundation fundraiser in January 2016 was in fact a campaign event, and that Foundation gave the Trump campaign complete control over the timing, amounts, and recipients of the $2.8 million raised through that event. Mr. Trump further admits that he and his campaign took credit for the grants that the Foundation made with funds that had been raised from the public. Justice Scarpulla noted in her decision that “Mr. Trump’s campaign, rather than the Foundation: (1) ‘planned’ and ‘organized’ the Fundraiser; and (2) ‘directed the timing, amounts, and recipients of the Foundation’s grants to charitable organizations supporting military veterans.’”
Additionally, Mr. Trump admitted a number of key facts about the other self-dealing transactions he initiated as chair — specifically, that he used Foundation funds to settle legal obligations of companies he controlled, and that the Foundation paid for a portrait of Mr. Trump that cost $10,000. As separate piece of the settlement Donald Trump Jr. reimbursed the Foundation for the cost of the portrait. The settlement also requires the Foundation to be reimbursed $11,525 for sports paraphernalia and champagne purchased at a charity gala.
Finally, the settlement agreement imposes a regime of restrictions on any future service by Mr. Trump on a charity’s board of directors, including a total ban on any self-dealing. Any charity he joins as a director must have a majority of independent directors, must engage counsel with expertise in New York not-for-profit law, and must engage the services of an accounting firm to monitor and audit the organization’s grants and expenses. If Mr. Trump forms a new charity, such an organization must comply with these requirements, and also report to the Office of the Attorney General for five years.  
The $1.78 million in assets currently being held by the Trump Foundation, along with the $2 million in damages to be paid by Mr. Trump, will be disbursed equally to eight charities: Army Emergency Relief, the Children’s Aid Society, Citymeals-on-Wheels, Give an Hour, Martha’s Table, United Negro College Fund, United Way of National Capital Area, and the U.S. Holocaust Memorial Museum. The charities — which were required as part of the resolution to be entities that did not have any relationship with Mr. Trump or entities he controlled — were approved by the Office of the Attorney General and the court.

FORMER DOC CAPTAIN SENTENCED FOR BEATING RIKERS ISLAND INMATE AND FALSIFYING RECORDS


 Bronx District Attorney Darcel D. Clark today announced that a former Department of Correction Captain has been sentenced for beating a Rikers Island inmate in 2016, and for lying about the incident in official paperwork. 

 District Attorney Clark said, “The defendant, a former DOC Captain, severely beat an inmate in the Eric M. Taylor Center in Rikers Island, leaving him with multiple bruises and several broken teeth. The defendant then lied about the incident in paperwork, to cover up his actions.”

 District Attorney Clark said Sandy Arkhurst, 44, of Queens, pleaded guilty to seconddegree Assault, first-degree Falsifying Business Records and Official Misconduct on October 2, 2019. As part of the Court’s plea agreement, the defendant also resigned from DOC. Arkhurst was sentenced to five years’ probation and 200 hours of community service by Bronx Supreme Court Justice Robert Neary. The People had requested a sentence of one to three years in prison.

 According to the investigation, on June 3, 2016, the defendant, leader of the Probe Team, and other DOC Officers, responded to the Eric M. Taylor Center after the victim, Rodolfo Rodriguez, 18, an inmate at the time, refused to enter his housing area. Rodriguez was peppersprayed by another Officer and taken to the shower area to wash it off. While Rodriguez was rear-cuffed, Arkhurst punched and kicked him, and hit him with a wooden baton. After the beating, Arkhurst falsified information in a DOC Use of Force Report regarding the incident. He also failed to provide medical aid to the inmate, who had sustained multiple injuries.

 District Attorney Clark also thanked DOC Investigations Division Investigator Damon Storer; and the New York City Department of Investigation, specifically DOI Assistant Inspector General Mercedes Bayon and Assistant Inspector General Sony Fortune, under the supervision of Inspector General Dana A. Roth, Deputy Commissioner/Chief of Investigations Dominick Zarrella, and First Deputy Commissioner Daniel Cort.

BRONX MAN SENTENCED TO PRISON FOR SELLING 14 FIREARMS, INCLUDING TWO SEMI-AUTOMATIC RIFLES, TO UNDERCOVER COP IN THE BRONX


  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 10 years in prison for selling over a dozen firearms to an undercover NYPD detective in the Bronx. 

 District Attorney Clark said, “The defendant had in his possession multiple weapons that could have been used to injure or kill people in the Bronx. Throughout several occasions, the defendant sold the firearms to a brave, undercover NYPD Detective who was acting as a buyer. The defendant will now spend years in prison for promoting illegal guns in our communities. Public safety is a priority and my Office will continue to work to prosecute and hold accountable anyone who sells, possesses or shoots guns on Bronx streets.”

 District Attorney Clark said the defendant, Frankie Esperanza, 35, of 2816 Schley Avenue, was sentenced to 10 years in prison and five years’ post-release supervision today by Bronx Supreme Court Justice Robert Neary. The defendant pleaded guilty to first-degree Criminal Sale of a Firearm on October 2, 2019. 

 According to the investigation, Esperanza sold 14 firearms to an undercover NYPD detective on eight separate occasions between August 8, 2018 and January 28, 2019, at several locations in the Throgs Neck area of the Bronx. Among the weapons the defendant sold to the undercover detective were revolvers, pistols, two semi-automatic rifles, a high-capacity magazine and ammunition.

 District Attorney Clark also thanked NYPD Deputy Inspector Brian V. Gill, Commanding Officer of the Firearms Suppression Section; NYPD Captain Jonathan P. Korbell, Commanding Officer; NYPD Detective Jonathan Jordan and Detective Dennis Kenefick, all of the Firearms Investigation Unit, and NYPD Detective Douglas Lansing of the Drug Enforcement Task Force, formerly of the Firearms Investigation Unit, for their assistance in the investigation.

Cases from the Bronx District Attorney's Office


NYC DOC Officer, Two Others Indicted for Smuggling Contraband into Rikers Island

  Bronx District Attorney Darcel D. Clark and New York City Department of Investigation Commissioner Margaret Garnett today announced that a Department of Correction Officer, a former inmate and a Bronx resident have been indicted for smuggling heroin and tobacco into Rikers Island. 

 District Attorney Clark said, “The defendants allegedly fueled corruption and danger on Rikers Island by smuggling heroin and other contraband for sale or trade behind bars. The Correction Officer stands accused of tarnishing his badge and jeopardizing the safety of his fellow officers. We will continue to work with partners such as the Department of Investigation to halt crime in the jails, whether they are committed by staff or inmates.” 

 DOI Commissioner Margaret Garnett said, "Our City's jails are only safe if the officers working in them are free from corruption. This Correction Officer and his co-conspirators allegedly ferried in illegal contraband, including potentially deadly drugs and loose tobacco. In addition to the potential danger of the contraband itself, officers providing illegal favors for certain inmates is a threat to good order and discipline in the jails, making them less safe for inmates and officers alike. DOI thanks the Bronx District Attorney's Office for their partnership in this investigation."

 District Attorney Clark said the defendants, Jason Prieto, 40, a Correction Officer for three years; Anthony Rusielwicz, 41, of Brooklyn, who is an inmate; and Luz Pagan, 54, of the Bronx, were charged in an indictment with fourth-degree Conspiracy, third-degree Criminal Possession of a Controlled Substance, Attempted Criminal Sale of a Controlled Substance in the third degree, fifth-degree Conspiracy, first and second-degree Promoting Prison Contraband, third-degree Bribery, and seventh-degree Criminal Possession of a Controlled Substance. Prieto was additionally charged with third-degree Bribe Receiving and Official Misconduct.

 The defendants were arraigned today before Bronx Supreme Court Justice Margaret Clancy. Bail was continued at $2,000 for Prieto, Pagan was released on his own recognizance, and bail was set at $10,000 bond/$5,000 cash and 10% partially secured bond in the amount of $15,000 for Rusielwicz. The defendants are due back in court on December 5, 2019.

 According to the investigation, from February 2, 2018 through April 16, 2018 the three conspired to, and successfully brought in, dangerous contraband to the Eric M. Taylor Center Rikers Island. On April 16, 2018, Correction Officer Jason Prieto was caught with 11 glassines of heroin, loose tobacco and rolling papers by a narcotics-detecting canine.

 District Attorney Clark thanked BXDA Detective Investigator Matthew Cruz and BXDA Senior Detective Investigator Vincent Cantarella for their assistance in the case. District Attorney Clark thanked FBI Forensic Examiner Michael D’Angelis, Captain Vincent Fuca of DOC, and the DOI’s Office of the Inspector General for DOC, specifically, Investigator Brian Hilario, Captain Ali Fayad, Assistant Inspector General Carmelo Galarza and K-9 Gunner, under the supervision of Inspector General Dana A. Roth, Deputy Commissioner/Chief of Investigations Dominick Zarrella, and First Deputy Commissioner Daniel Cort. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.