District Court Employee Convicted At Trial In Connection With Decade-Long Bribery Scheme

 

Damian Williams, the United States Attorney for the Southern District of New York, announced on December 11, 2023, that a federal jury found DIONISIO FIGUEROA, a/k/a “Dionicio,” an employee of the U.S. District Court for the Southern District of New York (“the SDNY District Court”), guilty of bribery, conspiracy, and false statements charges for his participation in a scheme in which he referred criminal defendants to a criminal defense attorney and encouraged those defendants to retain the attorney, all in exchange for cash bribes.  The attorney pled guilty to all counts on November 16, 2023.  FIGUEROA will be sentenced by U.S. District Judge Mae A. D’Agostino on April 8, 2024. 

U.S. Attorney Damian Williams said: “Figueroa, a longtime clerk at the SDNY District Court, betrayed his employer, the public, and those who rely on the court to remain impartial.  His actions violated his duties as a court employee, undermined the fair administration of justice, and undermined the work of the many good people in the courthouse who serve the criminal justice system with honesty and integrity.  A federal jury has now held Figueroa accountable for his crimes.  This verdict should remind public servants in positions of trust that if you betray the public, my Office will not hesitate to enforce the law.” 

According to the Indictment, statements made in public court proceedings and filings, and the evidence at trial:

As a clerk in the SDNY Magistrate Clerk’s Office since in or about 2002, FIGUEROA was responsible for performing duties that included, among other things, making data entries regarding official case events in criminal cases, making summary entries of documents and proceedings on case dockets, and performing inquiries and furnishing information, either in person or by correspondence, regarding the status of cases.  FIGUEROA also played a role with respect to the intake of criminal cases, including by preparing appearance bonds, advising defendants and their family members about the conditions of the bonds, and ensuring that appearance bonds were signed by all parties prior to a defendant’s release. 

SDNY District Court personnel policies prohibited FIGUEROA from having outside employment that would pose a conflict of interest; receiving payments, gifts, or other benefits from persons having business before the District Court; and recommending particular attorneys to members of the public.  FIGUEROA was also subject to the U.S. Courts’ Code of Conduct for Judicial Employees (the “Code of Conduct”), which cautioned judicial employees that “[a] number of criminal statutes of general applicability govern federal employees’ performance of official duties.  These include:  18 U.S.C. § 201 (bribery of public officials and witnesses) . . . ”  The Code of Conduct likewise admonished, among other things, that “[a] judicial employee should never influence or attempt to influence the assignment of cases, or perform any discretionary or ministerial function of the court in a manner that improperly favors any litigant or attorney, nor should a judicial employee imply that he or she is in a position to do so.” 

TELESFORO DEL VALLE, JR., was a private attorney who had appeared in numerous federal criminal cases pending before the SDNY District Court.

Between at least 2011 and 2022, FIGUEROA and DEL VALLE engaged in a scheme whereby FIGUEROA used his position as an employee of the SDNY District Court to encourage criminal defendants to retain DEL VALLE to represent them in pending criminal cases.  In return, DEL VALLE paid FIGUEROA a portion of the fees clients paid to DEL VALLE.  Over the course of more than a decade, FIGUEROA referred at least 45 SDNY criminal defendants to DEL VALLE, and DEL VALLE paid FIGUEROA tens of thousands of dollars in referral fees.  DEL VALLE paid FIGUEROA directly and through an intermediary who would pick up envelopes of cash for FIGUEROA from DEL VALLE’s law office.  Many of the clients who ended up retaining and paying DEL VALLE were assigned free, court-appointed counsel.  Nevertheless, FIGUEROA encouraged those individuals to change counsel, including by vouching for DEL VALLE’s abilities as a lawyer.

FIGUEROA and DEL VALLE were also charged with making false statements to law enforcement during the investigation. In November 2022, federal law enforcement agents separately interviewed both FIGUEROA and DEL VALLE.  After advising each that lying to federal law enforcement agents is a federal crime, FIGUEROA and DEL VALLE each made materially false, fictitious, and fraudulent statements and representations in response to the agents’ questions.  In particular, FIGUEROA denied making any referrals to DEL VALLE except on a small number of occasions concerning close relations or friends. He further denied ever having received payments from DEL VALLE for referrals.  DEL VALLE, upon being served with a federal grand jury subpoena requiring the production of records from his law firm, falsely denied having any records reflecting client referrals from or payments to FIGUEROA or anyone else.

DEL VALLE pled guilty to all charges on November 16, 2023, and is scheduled to be sentenced by Judge D’Agostino on March 12, 2024.

FIGUEROA, 66, of New York, New York, was convicted of one count of conspiracy to bribe a federal employee and pay illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; one count of federal employee bribery, which carries a maximum potential sentence of 15 years in prison; one count of receiving illegal compensation as a judicial employee, which carries a maximum potential sentence of five years in prison; and one count of making material false statements, which carries a maximum potential sentence of five years in prison.

DEL VALLE, 65, of Leonia, New Jersey, was convicted of one count of conspiracy to bribe a federal employee and pay illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; one count of federal employee bribery, which carries a maximum potential sentence of 15 years in prison; one count of paying illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; and one count of making material false statements, which carries a maximum potential sentence of five 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 a judge.

Mr. Williams praised the outstanding investigative work of the Special Agents from the U.S. Attorney’s Office for the Southern District of New York.

Attorney General James’ Office of Special Investigation Releases Report on Death of Malick Williams

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Malick Williams, who died on July 9, 2022 in Brooklyn. Following a thorough investigation, which included review of body-worn camera (BWC) footage, civilian cellphone video, interviews with involved officers and other witnesses, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the New York City Police Department (NYPD) officer who shot Mr. Williams was justified. 

On the evening of July 9, three NYPD officers were patrolling in Brooklyn, when they spotted a vehicle that failed to signal a turn and directed the driver to pull over. After the car pulled over at the intersection of Nevins Street and Flatbush Avenue, the officers asked each of the four individuals inside to provide identification. When one of the occupants failed to provide valid identification, the officers ordered everyone out of the car. Mr. Williams then ran off, and an officer chased after him on foot.  

The pursuit ended on Lafayette Avenue when Mr. Williams turned around and fired a gun at the officer. The officer then fell to the ground and fired his weapon in response, striking Mr. Williams. Additional responding officers then performed first aid until EMS arrived and took Mr. Williams to a local hospital, where he was pronounced dead. Officers recovered a gun at the scene.

Under New York’s justification law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another person. When the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt. In this case, Mr. Williams fired his gun at an officer while on a public sidewalk among other people, putting multiple civilians in danger. Under these circumstances, based on the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the officer who fired was justified, and OSI determined that criminal charges could not be pursued in this matter.

Governor Hochul Signs Angelica’s Law, Protecting New Yorkers From Dangerous, Reckless Motorists

 Legislation Expands the Offense of First Degree Aggravated Unlicensed Operation of a Motor Vehicle

Legislation Named In Honor Of Long Island’s Angelica Nappi, Who Was Killed in 2008 by an Unlicensed Driver with Multiple Prior Suspensions

Governor Kathy Hochul signed legislation S.4671/A.3983, Angelica’s Law, which protects New Yorkers from reckless or dangerous driving. The law decreases the number of prior license suspensions needed to qualify for aggravated unlicensed operation of a motor vehicle in the first degree, a class E felony. Governor Hochul signed the legislation at the Department of Motor Vehicles’ Garden City location, joined by the family of Angelica Nappi who lost her life after being killed by a driver with multiple prior suspensions.

“Public safety is my top priority, and I’m committed to doing everything possible to keep New Yorkers safe,” Governor Hochul said. “After Angelica Nappi tragically lost her life more than a decade ago, her family have channeled their pain into purpose to push for this legislation. I’m honored to stand with Angelica’s family as we sign this law and make our roads safer for all.”

Angelica Nappi of Holbrook was just 14 in 2008 when she was struck and killed by a driver who did not have a valid license and who had more than five previous driver’s license suspensions. Angelica’s Law will help to keep drivers with prior suspensions off of the road by applying a felony to recidivist drivers who operate vehicles without a valid license after having committed five or more moving violations resulting in prior suspensions or revocations.

Angelica's Law builds on Governor Hochul's commitment to making New York's roads safer by cracking down on dangerous drivers. In September, in response to the Governor's 2023 State of the State message, the Department of Motor Vehicles proposed regulatory changes to bolster its ability to remove drivers who engage in risky behavior from roadways and to make it more difficult for persistent violators to get back their driving privileges.

Team AOC - BREAKING: Court strikes down New York congressional map

 

New York’s highest court threw out the state's congressional lines.

All of New York’s congressional districts, including ours, must be redrawn. That means, with just a few months until Election Day, we have no idea where Alexandria is running for reelection, or who she’s running against.

It could be months before the new districts are finalized, which means our campaign will have just a few short weeks to reach voters in Alexandria’s new district before our June primary. A new challenger with huge resources could come up out of nowhere to take advantage of the chaos.

We have to be ready for anything, and we need to get ready now.

This is the second time in two years that the district lines have been redrawn in New York. That’s extremely confusing to voters. Lots of people still don’t know who their new Member of Congress is. We are going to have to spend extra resources on voter education to make sure people know to get to the polls.

This issue is also bigger than just New York. When the lines changed last year, Republicans won four House seats — and that was the difference between Democrats or Republicans controlling Congress.

Statement from Attorney General James and Governor Hochul on the Court of Appeals Redistricting Case Decision

 

New York Attorney General Letitia James and Governor Kathy Hochul released the following statement on the New York State Court of Appeals decision to order new Congressional maps be drawn for the 2024 election:  

"Today's redistricting decision will ensure all New Yorkers are fairly and equitably represented by elected officials. As the Court of Appeals reaffirmed today, district lines should be drawn by the Independent Redistricting Commission. We will continue our efforts to protect voting rights for all New Yorkers.” 

In April, Attorney General James and Governor Hochul submitted an amicus brief in support of efforts to redraw New York’s Congressional district lines rather than leaving the lines drawn by a court-appointed special master in place between now and the 2030 census. In their amicus brief, Attorney General James and Governor Hochul noted that the state constitution is clear that the state legislature must have the opportunity to remedy electoral maps found to be invalid by a court. They also noted that since the problem that led the Court of Appeals to approve the involvement of a special master — the short time to impose new electoral maps, with only months to go before the 2022 primary elections — no longer exists, the electoral maps drawn by the special master should not be used for the remainder of the decade. The decision by the Court of Appeals means that new Congressional maps will be drawn and submitted to the legislature for review.  

NYC Comptroller Lander Condemns Wells Fargo for Racially Disparate Lending Practices and Anti-Union Remarks by CEO Charles Scharf

 

New York City Comptroller Brad Lander released a statement following reports of a Consumer Financial Protection Bureau probe into the lending practices of Wells Fargo.

“I’m deeply disappointed, but unfortunately not surprised, to hear that Wells Fargo is being probed by the Consumer Financial Protection Bureau for racially disparate lending practices in how it distributes discounts and more favorable rates for home loans. These recently uncovered racial and gender disparities are only the latest in a pattern of practices that systematically disadvantage historically marginalized groups, especially Black borrowers.

“This report comes on the heels of Wells Fargo CEO Charles Scharf announcing the company would not stay neutral in union drives, anti-union behavior that may violate workers’ rights. Our city and our economy are better off when workers’ rights to freedom of association are respected and borrowers are treated fairly.

“As a member of the New York City Banking Commission, I am committed to holding banks accountable to rigorous standards of anti-discrimination, workers’ rights, and community reinvestment. That’s why I voted no on Wells Fargo’s designation as a City depository institution earlier this year after limiting banking with Wells Fargo in 2022.

“I will continue to push for reforms needed to ensure the Banking Commission is not a rubber-stamp, but a lever to affect real change in the banking sector — to help prevent racial and gender discrimination and ensure New Yorkers’ taxpayer dollars are being used to advance a thriving, equitable City.”

NYGOP - Statement from Stefanik, Cox on Today’s Court Decision

House GOP Conference Chair Elise Stefanik and NYGOP Chair Ed Cox today released the following joint statement in response to the New York State Court of Appeals’ decision in Hoffman v. New York State Independent Redistricting Commission:

 

“The Court’s decision today is plainly wrong on the Constitution and the law. In their relentless pursuit of power at all costs, corrupt Democrats in Albany and Washington have politicized the Court of Appeals. Its once esteemed reputation is in tatters.

 

"This outcome was preordained by Democrats' unjustified opposition to Justice Hector LaSalle and the suspicious recusal of Judge Caitlin Halligan. 

 

“The decision today opens the door for Democrats to rig our Congressional district lines so that elections are decided not by the voters, but by politicians in a back room.

 

"New York Republicans will not give up the fight against gerrymandering and for free and fair elections. The people of New York deserve better than this.”

 

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbor,

 

Thank you for joining us for another week in review. 

Our borough is still reeling from the devastating partial building collapse that has impacted our Morris Heights community and has left over 100 residents displaced.

We are grateful for the quick response from our first responders, American Red Cross, FDNY, NYPD, NYCEM, DOB, Community Board 5, the Hoodspitality Group, Northwest Bronx Community and Clergy Coalition, school leadership, and staff at PS 396/MS 390, my colleagues in government and everyone else who has reached out and expressed a desire to help our neighbors. Thankfully, there have been no reported injuries or deaths as a result of this incident, and we are working closely to ensure the impacted families continue to receive support. As we get more information, we will make sure to share it with our community, but please continue to keep them in your prayers.

Lastly, we want to remind Bronxites to exercise caution this winter, as we unfortunately continue to see fires across our borough. Our main priority is to ensure our residents and families are safe and have the tools to protect themselves and their loved ones. Click here for these potentially life-saving fire safety tips. 

As always, if you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson

IN THE COMMUNITY

This Tree Lighting and Winter Wonderland Extravaganza was one for the books! Thank you to Univision, the NY/NJ TWU State Conference, and all of our other partners, performers, and sponsors for making this event a huge success. With their support, we were able to distribute over 800 toys this holiday season.

We were proud to host our Annual Chanukah Celebration and Menorah Lighting at Bronx Borough Hall in partnership with Chabad South Bronx. Thank you to everyone who joined us to celebrate the Festival of Lights.

Thank you to Chess in the Schools, A+ STEM Labs, PS 70X and all the participating elementary, middle and high schools for their partnership in making this year’s Bronx Borough President’s Cup a huge success. We had over 300 students showing off their skills and proudly representing the Bronx.

I want to thank the Coalition of African-American Churches & Community Organizations of Co-op City, Inc. for coordinating last week`s Pre-Kwanzaa Celebration.

UPCOMING EVENTS

CLICK HERE TO RSVP