Founder Of Non-Profit Organization Sentenced To 36 Months In Prison For Defrauding Parents Of Abducted Children

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that PETER SENESE, the Founding Director of the I CARE Foundation (“I CARE”), a purported non-profit organization allegedly dedicated to preventing child abduction and trafficking, was sentenced in Manhattan federal court today by U.S. District Naomi R. Buchwald to 36 months in prison for wire fraud and conspiracy to commit wire fraud. In connection with the scheme, SENESE defrauded parents of international abduction victims by falsely representing that he could find and return the children to the United States in exchange for payments to fund his purported international rescue operation. SENESE pled guilty September 8, 2016.

Manhattan Acting U.S. Attorney Joon H. Kim said: “In this most cruel and heartbreaking criminal scheme, Peter Senese preyed on the most vulnerable and desperate victims, anguished parents of abducted children. Senese did more than just steal his victims’ money – he robbed them of hope. For seeking personal profit out of others’ pain and tragedy, Senese has been convicted of federal crimes and will now do time in a federal prison. We hope this prosecution provides some measure of justice to those who were so callously victimized by Senese.”

As alleged in the Superseding Indictment and in other documents filed in federal court:

Between November 2013 and February 2015, on his websites (www.stopchildabduction.org and www.petersenese.com) and elsewhere, SENESE claimed falsely that I CARE was “a self-funded not-for-profit 501-C-3 corporation” that successfully “reunited numerous internationally kidnapped children” with their parents “while protecting an exponentially larger number of children from abduction.” SENESE credited I CARE’s success to the “great efforts, financial, legal, and investigative resources” of individuals associated with I CARE, including a team of former members of the U.S. Army component Delta Force. In one instance, SENESE represented to a parent-victim that he could recover her child from India, appearing on a local radio program with the parent-victim, and sending numerous text messages and emails to the parent-victim stating falsely that he was in a “remote location” in India, was communicating with her child, and that the child would be returned to the United States in a matter of hours or days. Though he never traveled overseas or communicated with the child, SENESE collected over $70,000 from the parent-victim.

In addition to the prison sentence, SENESE, 51, of Brooklyn, New York, was ordered to pay restitution and forfeiture in the amount $85,100.

Mr. Kim praised the outstanding work of the FBI for its investigative efforts and ongoing support and assistance with the case.

Founder And Former CEO Of Technology Firm Charged With Defrauding Investors Out Of $6 Million

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an indictment charging MARYSE LIBURDI with defrauding investors out of more than $6 million through a technology company founded and operated by LIBURDI.  The defendant was arrested by Italian authorities in Rome, Italy, in April 2016, and arrived in the Southern District of New York yesterday following her extradition.  LIBURDI was arraigned this afternoon and the case has been assigned to U.S. District Judge Denise Cote.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As alleged, Maryse Liburdi repeatedly lied to investors in her tech company, telling them the company was profitable when it was in fact generating no revenue.  Rather than using investor money to operate her company, she was allegedly spending it on herself and her family, paying for personal expenses like spas and salons, wine, luxury clothing, and rental fees on a three-bedroom Manhattan apartment.”    

FBI Assistant Director William F. Sweeney Jr. said:  “We see this behavior time and time again--fraudsters intentionally misrepresenting a company's financials to lure investors down a path from which it's particularly hard to return. Today, Maryse Liburdi is charged with allegedly defrauding investors out of more than $6 million over the course of several years, all the while converting much of the money to her own personal and extravagant use. As long as this type of criminal activity continues to go on, we will continue to go after those responsible for it.”

According to the allegations contained in the criminal Complaint and Indictment filed against LIBURDI:[1]

Since at least in or about 2008, LIBURDI perpetrated a multi-year scheme to defraud individuals into investing more than $6 million in a technology company (the “Company”) founded and run by LIBURDI.  LIBURDI repeatedly made misrepresentations to investors about the Company’s revenue and assets, manipulated Company bank accounts to hide the Company’s true financial condition and, contrary to LIBURDI’s express promises to the investors, converted hundreds of thousands of dollars of investor funds to LIBURDI’s own use, including rent for LIBURDI’s Manhattan apartment and to purchase luxury clothing and other personal items.

While LIBURDI repeatedly told investors that the Company had millions of dollars in revenue, a review of the Company’s bank records shows that, from at least 2008 until the Company ceased operating in January 2015, the Company earned little or no revenue.  Moreover, as reflected in the Company’s bank records, LIBURDI misappropriated investor funds, transferring over $1 million to her and her former husband’s bank accounts and to pay LIBURDI’s personal expenses, including luxury clothing.  For example, LIBURDI used funds from one victim investor for, among other things, transfers to a personal bank account in the name of LIBURDI and her former husband; rental payments for LIBURDI’s three-bedroom Manhattan apartment; payments for personal credit cards; and substantial personal expenditures on corporate credit cards, including, among other things, expenditures at various retail clothing, accessories, and cosmetics stores, salons and spas, and wine and liquor stores. 

In order to hide her scheme, LIBURDI manipulated the Company’s bank accounts by, on at least three occasions, writing checks for hundreds of thousands of dollars drawn on accounts with insufficient funds in order to fraudulently inflate the balance of a Company bank account and thereby hide the Company’s true cash balance from the investors.  For example, in October 2013, LIBURDI wrote and deposited into the Company’s bank account a $700,000 check drawn on a different account that had a balance of only about $2,000.  LIBURDI then falsely represented to the victims that the Company’s bank account held approximately $700,000 and showed investors a bank statement for the Company account listing the inflated balance.

LIBURDI, 45, formerly of Victoria, Minnesota, and New York, New York, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison.  The maximum potential sentence in this case 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 outstanding investigative work of the FBI.  He also thanked Italian law enforcement authorities, including Interpol Rome, for their assistance in the arrests, as well as the Department of Justice’s Attaché at the U.S. Embassy in Rome and the DOJ Office of International Affairs.        

The charges contained in the Complaint and the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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[1] As the introductory phrase signifies, the entirety of the text of the Complaint and Indictment and the description of the Complaint and Indictment set forth below constitute only allegations and every fact described should be treated as an allegation.

Lithuanian Man Arrested For Theft Of Over $100 Million In Fraudulent Email Compromise Scheme Against Multinational Internet Companies

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced criminal charges against EVALDAS RIMASAUSKAS for orchestrating a fraudulent business email compromise scheme that induced two U.S.-based internet companies (the “Victim Companies”) to wire a total of over $100 million to bank accounts controlled by RIMASAUSKAS. RIMASAUSKAS was arrested late last week by authorities in Lithuania on the basis of a provisional arrest warrant.  The case has been assigned to U.S. District George B. Daniels. 

Acting U.S. Attorney Joon H. Kim said:  “From half a world away, Evaldas Rimasauskas allegedly targeted multinational internet companies and tricked their agents and employees into wiring over $100 million to overseas bank accounts under his control. This case should serve as a wake-up call to all companies – even the most sophisticated – that they too can be victims of phishing attacks by cyber criminals. And this arrest should serve as a warning to all cyber criminals that we will work to track them down, wherever they are, to hold them accountable. The charges and arrest in this case were made possible thanks to the terrific work of the FBI and the cooperation of the victim companies and their financial institutions. We thank the companies and their banks for acting quickly, coming forward promptly, and cooperating with law enforcement; it led not only to the charges announced today, but also the recovery of much of the stolen funds.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Evaldas Rimasauskas carried out a business email compromise scheme creatively targeting two very specific victim companies. He was initially successful, acquiring over $100 million in proceeds that he wired to various bank accounts worldwide. But his footprint would eventually lead investigators to the truth, and today we expose his lies. Criminals continue to commit a wide variety of crimes online, and significant cyber data breaches have had a negative impact across a variety of industries. The FBI will continue to work with our domestic and international partners to pursue criminals who engage in this type of activity, wherever they may be hiding.”

According to the allegations contained in the Indictment unsealed today[1]:

From at least in or around 2013 through in or about 2015, RIMASAUSKAS orchestrated a fraudulent scheme designed to deceive the Victim Companies, including a multinational technology company and a multinational online social media company, into wiring funds to bank accounts controlled by RIMASAUSKAS.  Specifically, RIMASAUSKAS registered and incorporated a company in Latvia (“Company-2”) which bore the same name as an Asian-based computer hardware manufacturer (“Company-1”), and opened, maintained, and controlled various accounts at banks located in Latvia and Cyprus in the name of Company-2.  Thereafter, fraudulent phishing emails were sent to employees and agents of the Victim Companies, which regularly conducted multimillion-dollar transactions with Company-1, directing that money the Victim Companies owed Company-1 for legitimate goods and services be sent to Company-2’s bank accounts in Latvia and Cyprus, which were controlled by RIMASAUSKAS.  These emails purported to be from employees and agents of Company-1, and were sent from email accounts that were designed to create the false appearance that they were sent by employees and agents of Company-1, but in truth and in fact, were neither sent nor authorized by Company-1.  This scheme succeeded in deceiving the Victim Companies into complying with the fraudulent wiring instructions.

After the Victim Companies wired funds intended for Company-1 to Company-2’s bank accounts in Latvia and Cyprus, RIMASAUSKAS caused the stolen funds to be quickly wired into different bank accounts in various locations throughout the world, including Latvia, Cyprus, Slovakia, Lithuania, Hungary, and Hong Kong.  RIMASAUSKAS also caused forged invoices, contracts, and letters that falsely appeared to have been executed and signed by executives and agents of the Victim Companies, and which bore false corporate stamps embossed with the Victim Companies’ names, to be submitted to banks in support of the large volume of funds that were fraudulently transmitted via wire transfer. 

Through these false and deceptive representations over the course of the scheme, RIMASAUSKAS, the defendant, caused the Victim Companies to transfer a total of over $100,000,000 in U.S. currency from the Victim Companies’ bank accounts to Company-2’s bank accounts.

RIMASAUSKAS, 48, of Vilnius, Lithuania, is charged with one count of wire fraud and three counts of money laundering, each of which carries a maximum sentence of 20 years in prison, and one count of aggravated identity theft, which carries a mandatory minimum sentence of two years in prison. 

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Mr. Kim praised the outstanding investigative work of the FBI, and thanked the Prosecutor General’s Office of the Republic of Lithuania, the Lithuanian Criminal Police Bureau, the Vilnius District Prosecutor’s Office and the Economic Crime Investigation Board of Vilnius County Police Headquarters for their assistance in the investigation and arrests, as well as the Department of Justice’s Office of International Affairs.

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorney Eun Young Choi is in charge of the prosecution.  Assistant U.S. Attorney Edward Diskant is handling the forfeiture aspects of the prosecution. 

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Man Who Moved Drug Overdose Victim’s Unresponsive Body To Cover Up Drug Crime Pleads Guilty To Being Accessory After The Fact

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that MARC HENRY JOHNSON pled guilty today before U.S. District Judge Jesse M. Furman to acting as an accessory after the fact to a narcotics offense.  As alleged in the Indictment to which JOHNSON pled guilty and the related criminal Complaint, JOHNSON helped move an unresponsive woman’s body out of a Manhattan apartment where the woman had overdosed on cocaine. 

Acting U.S. Attorney Joon H. Kim said:  “Marc Henry Johnson’s immediate response to seeing a dying overdose victim should have been to summon help.  Instead, Johnson helped his cocaine dealer cover up the drug crime by moving the victim’s body.  In this time of a growing overdose epidemic, today’s guilty plea should serve as a reminder that the proper response to a potential drug overdose is to immediately call 911, not to delay to help cover for the drug dealer.”

According to the allegations contained in the Indictment and the Complaint against JOHNSON and codefendant James Holder:

JOHNSON regularly bought cocaine from Holder, who lived in and sold cocaine from a third-floor apartment in Chelsea.  During the night of October 3, 2015, and the early morning hours of October 4, 2015, JOHNSON met with a 38-year-old woman (“Individual-1”) and others at a bar in Manhattan.  Individual-1 had been using cocaine before JOHNSON arrived.  Later, JOHNSON and Individual-1 left the bar together in a taxi.  They arrived at Holder’s apartment building at approximately 4:25 a.m., and walked upstairs to Holder’s apartment.  Hours later, JOHNSON and Holder dragged Individual-1’s apparently unconscious body into the building’s first-floor vestibule.  Holder then left the building, and JOHNSON called 911 to summon an ambulance.  JOHNSON declined to provide his name to the 911 operator, and he did not identify Individual-1, or describe his relationship to her, or explain what had happened to her and why she needed medical assistance.  Emergency Medical Technicians (“EMTs”) responded and found Individual-1 unresponsive in the Chelsea building’s vestibule.  JOHNSON left the building soon after the EMTs arrived. 

Individual-1 was taken to a hospital and pronounced dead later on October 4, 2015.  Her death was caused by, among other things, cocaine use.

JOHNSON pled guilty to one count of acting as an accessory after the fact to the offense of maintaining a drug-involved premises.  The accessory-after-the-fact offense carries a maximum sentence of 10 years in prison.  JOHNSON is scheduled to be sentenced by Judge Furman on June 26, 2016.

Holder pled guilty before Judge Furman on December 12, 2016, to maintaining a drug-involved premises, which carries a maximum sentence of 20 years in prison.  Holder is scheduled to be sentenced by Judge Furman on May 4, 2017, at 3:00 p.m.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Kim praised the outstanding investigative work of the U.S. Drug Enforcement Administration’s (DEA) New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Federal Bureau of Investigation, U.S. Secret Service, the U.S. Marshal Service, New York National Guard, the New York Department of Taxation and Finance, the Rockland County Sheriff’s Office, the Clarkstown Police Department, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.  The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative.

Bronx Jewish Community Council - Project HOPE Passover 2017 is March 26

REMINDER!! Project HOPE Passover Package Delivery  IS THIS SUNDAY!!! March 26, 2017 - 9am-11:30am

Share the joy of the holidays by  bringing along  friends and family to deliver  3-5 Passover packages to lonely,  home-bound or needy Jewish elderly!   Whether or not you are able to come, you can always help by sponsoring a package for only $25      For groups, questions or to deliver  to a particular senior contact  Niti Minkove, Director of Volunteers at  nminkove@bjcconline.org or Cell: (917) 693-3084 Learn more about Bronx Jewish Community Council's  volunteer opportunities and how to get involved at  www.bjcconline.org  Bronx Jewish Community Council,  2930 Wallace Avenue, Bronx, NY 10467

STATEMENT FROM MAYOR DE BLASIO ON THE MURDER OF TIMOTHY CAUGHMAN AND THE ARREST OF JAMES HARRIS JACKSON

   “On Monday evening an innocent man was stabbed to death in what appears to be an unprovoked attacked prompted by the victim’s race. More than an unspeakable human tragedy, this is an assault on what makes this the greatest city in the world: our inclusiveness and our diversity. The NYPD has put the alleged perpetrator behind bars where he belongs. Now it’s our collective responsibility to speak clearly and forcefully in the face of intolerance and violence – here or across the country. We are a safe city because we are inclusive. We are a nation of unrivaled strength because we are diverse. No act of violence can undermine who we are.”

IN 1st YEAR UNDER MANDATORY RULES, MAYOR DE BLASIO AND CITY COUNCIL AUTHORIZE 4,700 AFFORDABLE HOMES THROUGH PROGRAM

  Mayor Bill de Blasio, City Council Speaker Melissa Mark-Viverito and elected officials today celebrate the one year anniversary of the passage of Mandatory Inclusionary Housing (MIH), a program that requires developers to build permanently affordable housing in areas zoned for growth to ensure that all of the city’s neighborhoods will be diverse and inclusive. In the first year alone, 11 applications for nearly 4,700 new affordable homes have been approved by the City Council. At least 1,600 are required to be permanently affordable under MIH.

This landmark MIH legislation, the strongest inclusionary program in the nation, was adopted by the City Council on March 22, 2016. It was the result of months of advocacy by the Mayor, his administration, and the New York City Council working to create a program that protects our neighborhoods by mandating affordability.

Compared to MIH programs in other cities, New York City’s requires a higher percentage of affordable housing, serves lower income families and a broader range of households, and will result in more affordable housing being located in the same building as market rate housing.

MIH ensures balanced growth and economically diverse neighborhoods, while also providing a tool for communities to shape development.

The Council also adopted Zoning for Quality & Affordability, a far-reaching overhaul of the City’s zoning resolution that encourages the construction of affordable housing across the city, especially for seniors, by lowering costs and adding flexibility. ZQA also allows for better-ground floor retail and community-facility spaces. MIH and ZQA works with other housing programs to achieve ambitious affordability targets set inHousing New York.

“Among our most important achievements as we strive to secure affordability for millions of New Yorkers was passing these historic zoning changes, Mandatory Inclusionary Housing and Zoning for Quality & Affordability. With them, we will build tens of thousands of affordable homes for seniors, veterans and working families,” said Mayor Bill de Blasio.

“MIH and ZQA are powerful affordability tools to help make New York work for everyone. While it has been just one year, they are already bearing fruit. We must continue to use MIH and ZQA to facilitate affordable housing as we plan for growth in targeted locations throughout our city. These zoning regulations, together with the formidable tools of our partners at HPD and HDC, position us to work effectively with communities and their elected representatives to achieve the affordability goals of Housing New York: providing opportunity to New Yorkers with a range of incomes and strengthening our neighborhoods,” said City Planning Commission Chair Marisa Lago.

“MIH and ZQA changed the paradigm for how New York City will grow for generations to come,” said Housing, Preservation and Development Commissioner Maria Torres-Springer. “Thanks to this landmark victory, the city now has a robust MIH pipeline of permanently affordable housing to ensure inclusive growth in our neighborhoods. By overhauling the zoning code, ZQA is already resulting in buildings with better design and more affordable housing, especially for our seniors. HPD is grateful to Mayor de Blasio and the entire City Council for their leadership, and to our partners at City Planning for this monumental achievement to keep our neighborhoods affordable and diverse and our city strong.”

"The passage of MIH and ZQA have provided critical new tools to address our City’s affordable housing crisis,” said Eric Enderlin for President of the City’s Housing Development Corporation. “By ensuring the development of affordable housing is not just mandatory, but permanently affordable, MIH enables us to provide long term housing solutions for more New Yorkers at a wide range of incomes. This visionary legislation demonstrates the City’s commitment to ensuring New York City truly remains a city for everyone.”

Approved Projects:

Borough	Project Name	Total Units	Total Affordable Units	MIH Permanently Affordable Units
		Projected
Queens	One Flushing	231	231	83
Bronx	La Central (Bronxchester RFP)	992	992	248-298
Bronx	Lambert Houses	1655	1655	331-413
Bronx	Concourse Village West	265	265	68
Bronx	1932 Bryant Ave	327	327	82-98
Manhattan	Lexington Gardens II	400	400	160
Manhattan	The Robeson	79	79	22
Manhattan	The Frederick	74	74	19
Bronx	147th St Rezoning	165	165	58-81
Brooklyn	141 Willoughby Street	202	60	60
Manhattan	550 Washington Street	1586	476	476
		5976	4724	1,607-1,778

Department of Transportation Confirms Plan to Install Traffic Light at Ft. Independence and Heath Avenue Intersection

   On February 8^th, Assemblyman Jeffrey Dinowitz  along with his colleagues Congressman Adriano Espaillat, Council Member Andrew Cohen, State Senator Gustavo Rivera, State Senator Jeffrey Klein, held a press conference at the intersection of Heath Avenue and Ft. Independence Street to bring attention to dangerous conditions at the intersection and to highlight Ft. Independence’s lack of adequate pedestrian safety measures. Deputy Inspector O’Toole and Detective Mindy Ramos from the Bronx’s 50^thPrecinct were also present at the event, as well as parents and students from the nearby P.S. 360, and local community leaders including Community Board 8 Chair Dan Padernacht.

The elected officials agreed that the current three way y-shaped intersection should be replaced with a three way traffic light or an all-way stop sign as the current unsafe conditions also do nothing to alleviate speeding cars on Ft. Independence, which pedestrians, most notably children, must deal with when attempting to cross the street on the way to school or to the Kingsbridge Heights Community Center which hosts several after school programs.

After repeated requests for a review of traffic conditions by Assemblyman Dinowitz, the Department of Transportation DOT agreed to conduct a twelve week traffic study in September of 2016. 

The results of that study were released and the Bronx DOT Commissioner Nivardo Lopez confirmed plans to have the traffic light installed. In addition, the Fort Independence Street Corridor will be studied for additional safety improvements.

"I have led the calls for a traffic signal at a Fort Independence and Heath Avenue for some time, So I am very pleased that DOT has agreed to install a traffic signal at this very dangerous intersection by the end of July. I have seen first-hand how dangerous this location is for pedestrians and motorists alike. Just recently, community leaders and my colleagues in government joined me at this location to demonstrate the importance of improved safety measures at this intersection and to demand action. I am confident that safety will be improved thanks too this wise decision by DOT,” said Assemblyman Dinowitz.

The installation of a traffic light at Fort Independence Street and Heath Avenue will make this busy intersection much safer, particularly for our children and seniors," said Council Member Andrew Cohen.  "I'm thankful the DOT heeded the request of the elected officials and residents, and responded quickly by agreeing to install this needed traffic light."