Leader Of Bronx Violent Drug Crew Sentenced To 27 Years In Prison For Agreeing To Commit Murder For Hire, Gun Crimes, And Drug Selling

 

 Damian Williams, United States Attorney for the Southern District of New York, announced that SYDNEY SCALES was sentenced today to 27 years in prison for his role as the leader of a violent drug distribution organization that operated in the West Farms neighborhood of the Bronx, including his use of guns and participation in a murder-for-hire conspiracy in June 2017.  SCLAES was sentenced by U.S. District Judge Jed S. Rakoff, after being convicted at trial in August 2021 of conspiring to distribute controlled substances, conspiring to commit murder for hire, and related firearms offenses.

U.S. Attorney Damian Williams said: “Sydney Scales was the leader of a violent drug crew.  He caused at least one drug-related shooting, and he hired a hitman in an attempt to murder rival drug dealers who were having a barbecue in front of a neighborhood barbershop in the Bronx.  Today’s sentence sends a powerful message that people who would commit violent crimes will be arrested, prosecuted, and face serious consequences.”

According to the Superseding Indictment and the evidence at trial:

Between in or about 2016 and in or about 2019, SCALES participated in a conspiracy to distribute crack cocaine, powder cocaine, heroin, fentanyl, and marijuana in the Bronx and elsewhere.  SCALES also used, carried, and possessed firearms, which were brandished and discharged, in connection with the narcotics conspiracy, and aided and abetted such firearms offenses.  For example, the Government offered evidence that on December 1, 2016, SCALES caused a shooting at rival drug dealers standing in front of a convenience store located next to the entrance of the West Farms subway station.

In addition, in or about June 2017, SCALES conspired to commit murder for hire, agreeing to pay another person for locating and killing at least one rival drug dealer. 

Mr. Williams praised the outstanding investigative work of the Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department. 

Attorney General James Demands Baby Food Company to Stop False and Misleading Advertising

 

Testing by AG James’s Office Found Holle Baby Foods Advertised as “Lead-free” Contain Lead and Other Heavy Metals

 New York Attorney General Letitia James issued a letter today demanding that the baby food company HolleUSA end its false or misleading claims about its products. Specifically, Attorney General James is calling for JSG Babyfood LLC and JSG Organics LLC — which does business as HolleUSA — to stop advertising their baby foods as being “lead free” and as having no detectable traces of heavy metals. Laboratory testing ordered by the Office of the Attorney General (OAG) revealed that several HolleUSA brand baby food products available to New York residents contained detectable levels of lead, cadmium, and arsenic.

“New York parents should never have to second guess the safety of the products meant for their children,” said Attorney General James. “My office found that HolleUSA is misleading or lying to parents when it advertises its baby food as free from lead and having no detectable heavy metals. These false or misleading claims prey upon parents’ concerns about the continuing problem of toxic heavy metals in their children’s food, and they must end. We will continue to hold accountable any company that misrepresents its products to New York consumers.”     

In November 2021, OAG ordered three varieties of Holle brand baby food pouches (“Carrot Cat” Fruit & Veggie Puree, “Zebra Beet” Fruit Puree & Veggie Juice,” and “Veggie Bunny” Veggie Puree) marketed to New York and U.S. consumers through HolleUSA’s website (Holleusa.com) and Amazon (Amazon.com). Eighteen pouches were tested for heavy metals, arsenic, cadmium, lead, and mercury by an accredited and nationally-recognized lab. The testing detected one or more of the heavy metals in all 18 of the sampled pouches. Based on these findings, Attorney General James orders HolleUSA to promptly remove all false and misleading claims relating to its products being free of heavy metals from the company’s website and virtual store fronts on online retailers such as Amazon. 

Engaging in repeated or persistent fraud or illegality, deceptive business practices, and false or misleading advertising violates New York Executive Law and General Business Law. Attorney General James’ letter notes that her office reserves the right to pursue any appropriate remedy to HolleUSA’s false or misleading advertising of its products. 

The U.S. Food and Drug Administration (FDA) presently has not established any lead, arsenic or cadmium limits for virtually any category of baby food products (including pureed baby food), though FDA’s Closer to Zero plan proposes future changes. The levels at which OAG’s testing of the HolleUSA pouches detected lead, arsenic, and cadmium do not exceed standards in place in the European Union, where the brand is based.

Attorney General James is a national leader in advocating for the federal government to accelerate actions to remove heavy metals from infant and toddler foods. Within days of a February 2021 congressional report finding “dangerous levels” of toxic heavy metals in commercial baby foods, Attorney General James wrote to the Acting Director of the FDA urging swift action in setting standards for these metals in all baby foods, and requiring baby food manufacturers to test their finished products for toxic metals. After FDA announced a plan that deferred setting any final limits on lead and other heavy metals for years without requiring any stopgap or interim actions, Attorney General James led a coalition of 23 state Attorneys General in an October 2021 petition urging FDA to take several specific interim actions to accelerate protections for young children. The multistate petition is currently pending before FDA. Attorney General James is also continuing her investigation into four of the largest U.S. baby food brands — Gerber, Beech-Nut, Earth’s Best Organic (Hain), and HappyBABY (Nurture) — for inorganic arsenic levels in their infant rice cereal products and their marketing of these products in New York.

"No one likes to be misled. Parents need to know that information about products — especially food — that companies provide is accurate, so they can make the best choices for their family," said Bobbi Wilding, executive director, Clean and Healthy New York, and director, National Getting Ready for Baby campaign. "False advertising and greenwashing - claiming things are safer or healthier than they are - hurts everyone. Thank you, Attorney General James, for taking action on this. We hope other companies will take notice and ensure that they tell parents the truth."

“Busy parents go online to find and buy their baby’s food,” said Tom Neltner, senior director, Safer Chemicals for Environmental Defense Fund. “They know lead can be harmful to their baby and will be drawn to ‘lead-free’ claims like those made by HolleUSA. We applaud Attorney General Letitia James and her team for testing products to evaluate company claims and then acting when it finds the claims were false or misleading.”

“Consumers have zero-tolerance for false and misleading claims on food products, especially if they deceive parents into believing certain baby food products are free of lead or toxic heavy metals,” said Brian Ronholm, director of food policy, Consumer Reports. “In our testing of baby food over the years, Consumer Reports has seen products with very low levels of lead, but no scientific lab could ever report a product to be completely free of lead given limits of detection. It is critical that consumers be given accurate information about the foods their families are eating. Therefore, we applaud the Attorney General James’ action to compel the removal of deceptive claims on food products.”

Former Founder And Ceo Of Nanotechnology Company Convicted Of Multimillion-Dollar Securities Fraud Scheme

 

James Jeremy Barbera Defrauded Investors Out of $8.6 Million by Falsely Claiming His Company Developed a Breathalyzer Device to Detect Cancer

 Damian Williams, the United States Attorney for the Southern District of New York, announced that JAMES JEREMY BARBERA was convicted today following a one-week jury trial before the Honorable John G. Koeltl.  As the jury found, between 2013 and 2020, BARBERA, the founder and former chief executive officer of a New York-based nanotechnology company, Nanobeak Biotech, Inc. (“Nanobeak”), lied to investors and misappropriated investors’ funds.  The jury convicted BARBERA of three counts:  securities fraud, wire fraud, and conspiracy.

U.S. Attorney Damian Williams said:  “As the jury unanimously determined, James Jeremy Barbera lied to investors about his company’s technology and stole millions of dollars of investor funds intended for research and development.  Barbera then tried to cover up his misconduct by providing false financial information to investors and the company’s board of directors.  Now he awaits sentencing for his crimes.”

According to the Indictment, evidence presented during trial, court documents, and statements in open court:

From in or about 2013 and in or about 2019, BARBERA was the founder and CEO of Nanobeak, a privately held nanotechnology company that represented to investors that the company had developed a breathalyzer sensor technology that could detect cancer and narcotics in human breath.

From at least in or about 2013 through in or about 2020, BARBERA and others perpetrated a scheme to defraud dozens of investors out of at least approximately $8.4 million (i) by soliciting investments through false and misleading statements, (ii) by failing to use investors’ funds as promised, and (iii) by converting investors’ money to his own use.  BARBERA and others made false and misleading representations to actual and potential investors, including as set forth below:

BARBERA falsely represented that Nanobeak had developed a breathalyzer sensor that could detect narcotics and cancer in a person’s breath, and that the company was expected to earn millions of dollars in sales revenue through distribution contracts.  In truth and in fact, Nanobeak never developed the purported technology, and it was impossible for the company to generate revenue because there was no breathalyzer device to sell and accordingly, no distribution contracts.

BARBERA also falsely represented that Nanobeak would soon have an initial public offering (“IPO”), which would result in large profits to investors.  In truth and in fact, the company was not close to an IPO, and BARBERA was permanently barred from serving as the CEO of a public company as a result of a prior, unrelated proceeding brought by the U.S. Securities and Exchange Commission (“SEC”).

BARBERA falsely represented that he had undergraduate and graduate degrees in physics from New York University, and that he had a business degree from the Massachusetts Institute of Technology.  In truth and in fact BARBERA never finished college and never attended MIT.

BARBERA converted to his own use at least approximately $3.3 million of the approximately $8.4 million in investor funds in the form of cash withdrawals and to pay personal expenses, including private school and college tuition for his children, mortgage payments on his Central Park West apartment, and for his other personal items, such as credit card bills, jewelry, automobiles, and daily living expenses.

BARBERA, 65, of New York, New York, was convicted at trial of one count of securities fraud, one count of wire fraud, and one count of conspiracy to commit securities fraud and wire fraud.  BARBERA faces a maximum sentence of 20 years in prison on each of the securities and wire fraud counts and a maximum sentence of five years in prison on the conspiracy count.  The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentence imposed upon BARBERA will be determined by the judge.  BARBERA is scheduled to be sentenced by Judge Koeltl on June 15, 2022.

Mr. Williams praised the outstanding work of the Federal Bureau of Investigation and NASA’s Office of Inspector General, and also thanked the SEC for its assistance.

WILLIAMS' STATEMENT ON 2022 DEMOCRATIC CONVENTION RESULTS

 

"It’s no surprise that today’s New York Democratic Convention functioned as a coronation for Kathy Hochul. But it’s an unfortunate reminder that while the governor may have changed last year, the power structures within the party and the state that enabled him are very much intact. We cannot take the risk of trying to return to the old ways in this moment– we need to build a new normal, and a new kind of Democrat to guide us there. Our goal at this event should be to uplift Democratic candidates, Democratic voters, and democratic values– instead, the leadership of the party has worked incessantly to shield the current power structures, status quo and power brokers from any dissenting voices.

"In spite of that, I’m proud that our campaign received double the amount of support at this year’s convention than we did four years ago, when we ultimately came within 7% of victory despite being outspent by the party machine by a factor of 10. I’m running to challenge the systems in place and represent 20 million New Yorkers across the state, not the deep-pocketed donors and special interests that paid the governor $20 million dollars to preserve the status quo. I’m an organizer by training and in the politics I practice, and so I’m excited to begin the petitioning process, fueled by the people power of our growing grassroots coalition. It’s an opportunity to meet New Yorkers where they are and hear about the issues they face, without charging them tens of thousands of dollars for access. I’m not going to let the way things have always been stand in the way of what they can be, a vision I’ll continue to share with New Yorkers."

MAYOR ADAMS CONVENES SECOND BUSINESS LEADERSHIP COUNCIL MEETING TO DISCUSS PRODUCTIVE PARTNERSHIP BETWEEN BUSINESS COMMUNITY AND CITY HALL

 

Meeting Focused on Expanding Summer Youth Employment Program and Administration’s Commitment to Public Safety, Reopening Post COVID

 New York City Mayor Eric Adams yesterday met with members of his Business Leadership Council for the second time to discuss ways to better aid New York’s economic recovery by expanding the Summer Youth Employment Program (SYEP) and focusing on public safety. The Business Leadership Council includes leaders from over 60 New York City-based companies across various sectors, including technology, life sciences, financial services, media and entertainment, travel and tourism, and real estate. The leadership council was first convened in December 2021 to discuss then Mayor-elect Adams’ priorities for his 100 days in office. The Business Leadership Council aims to ensure a productive partnership and dialogue between the business community and City Hall.

“The partnerships formed through the Business Leadership Council will allow us to collaborate and develop the public-private partnerships that will accelerate our economic recovery and move New York City forward,” said Mayor Eric Adams. “During the meeting, we discussed two of my administration’s most critical priorities — reducing gun violence and summer jobs for our youth — both of which will be vital in getting New York open again.”

 

During the meeting, Mayor Adams and the Business Leadership Council discussed efforts to reduce gun violence by addressing “upstream” factors that contribute to higher crime rates, including lack of high-quality employment opportunities for young New Yorkers. Specifically, Mayor Adams called on Business Leadership Council members to partner with the city in expanding SYEP by hosting participants at their companies and helping to shape these private sector SYEP internships​. On Tuesday, Mayor Adams announced his administration’s support of 100,000 summer job opportunities annually for young people ages 14-24.

 

New York Police Department (NYPD) Commissioner Keechant Sewell also joined the meeting to provide an update on the NYPD’s efforts to protect public safety across New York City.

 

“One of the hallmarks of our Administration is to 'Get Stuff Done,’ and to do this we need all the partners in the room,” said Deputy Mayor for Strategic Initiatives Sheena Wright. “We are grateful for the engagement of the Business Leadership Council members and their support and commitment to making New York City a safer, healthier, and more prosperous city. We are excited to partner with Business Leadership Council members to provide work opportunities for young people participating in this year's Summer Youth Employment Program." 

 

“The NYPD’s mission of providing public safety for all is foundational in New York City’s ongoing recovery,” said Police Commissioner Sewell. “Police officers work around the clock, utilizing community-led innovations, intelligence-driven strategies, and every tool at their disposal to eradicate the gun violence that leaves far too many victims in its wake and tears at the fabric of city life.”

 

The members of the Business Leadership Council include:

 

• Deborah Snyder, Accenture
• Jenna Foger, Alexandria Real Estate Equities
• Kevin Ryan, Alley Corp
• Stephen Squeri, American Express
• Jose Tavarez, Bank of America
• Susan Lyne, BBG Ventures
• Ryan Williams, Cadre
• Mary Anne Tighe, CBRE
• Edward Skyler , Citigroup
• Caryn Seidman-Becker, Clear
• Michelle MacKay, Cushman & Wakefield
• Peter Carter, Delta
• John Byrne, Dell
• Mark Murphy, Digital Currency Group
• Richard Edelman, Edelman
• Nina Tandon, EpiBone
• Josh Silverman, Etsy
• Carlos Hernandez, JP Morgan
• Ken Chenault, General Catalyst
• Jeff Gural, GFP Real Estate
• Stephen Scherr, Goldman Sachs (retired)
• David   Solomon, Goldman Sachs
• Ellen West, Google
• Nickle  LeMoreaux, IBM
• Greg Lavernder, Intel
• Robin Hayes, JetBlue
• Deidre Quinn, Lafayette 148
• Andrew Milgram, Marblegate Capital
• Linda Kirkpatrick, Mastercard
• Kate Ryder, Maven Health
• Bruce Jackson, Microsoft
• Dev Ittycheria, MongoDB
• Eric Grossman , Morgan Stanley
• Ken Davis, Mount Sinai
• Adena Friedman, Nasdaq
• Jeff Shell, NBC Universal
• Lynn Martin, New York Stock Exchange
• Steven Corwin, New York-Presbyterian
• Barry Gosin, Newmark
• Susan Solomon, NY Stem Cell Foundation
• Kathryn Wylde, Partnership for New York City
• John Foley, Peloton
• Albert Bourla, Pfizer
• Deanna Mulligan, Purposeful
• Jim Whelan, Real Estate Board of New York
• Charles Phillips, Managing Partner and Co-Founder, Recognize
• Jennifer Hyman, Rent the Runway
• Debbie Perelman, Revlon
• Steven Rubenstein, Rubenstein
• Scott Rechler, RXR
• Paula Henderson, SAS
• Eric Schmidt, Schmidt Futures
• Marc Holliday, SL Green
• Horacio Gutierrez, Spotify
• Anthony Casalena, Squarespace
• Nate Ru, Sweetgreen
• Paul Pariser, Taconic Partners
• Jason Clark, Tech:NYC
• Douglas Durst, The Durst Organization
• Jeff Blau, The Related Companies
• Rob Speyer, Tishman Speyer
• Jenny Farrelly, Two Sigma
• Danny Meyer, Union Square Hospitality Group
• Fred Wilson, Union Square Ventures
• Rob Bakish, ViacomCBS
• Anjali Sud, Vimeo
• Chip Kaye, Warburg Pincus
• Neil Blumenthal, Warby Parker
• Sandeep Mathrani, WeWork
• Shan-Lyn Ma, Zola

Man Charged With Illegally Possessing “Ghost” Gun And Multiple Other Guns In Bronx Apartment

 

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of a three-count Indictment charging ERIC LESANE with firearms and drug trafficking offenses.  LESANE was initially charged by Complaint after his arrest on February 1, 2022.  LESANE’s case has been assigned to the Honorable U.S. District Judge Alison J. Nathan.

U.S. Attorney Damian Williams said: “As alleged, the defendant illegally possessed multiple guns, including an untraceable ‘ghost’ gun.  Illegally possessed and untraceable guns pose a serious public safety threat.  Thanks to our law enforcement partners, the defendant’s weapons are now in safe hands.”

Michael J. Driscoll, FBI Assistant Director-in-Charge said: “Mr. Lesane was aware of the conditions attached to his release from prison – he was not allowed to purchase or maintain a firearm.  We allege he possessed several, one of which was an untraceable ghost gun - a class of weapon that poses an increasing threat to our communities. Our goal is to work with our law enforcement partners to get criminals and their weapons off our streets.”

NYPD Commissioner Keechant L. Sewell said: “Convicted previously in a firearms possession case, Eric Lesane now faces federal indictment for allegedly amassing a stockpile of weapons — including an untraceable ghost gun — while on supervised release. Our NYPD investigators, working with our partners and prosecutors in the United States Attorney’s Office, will never stop pursuing these kinds of cases in our continuing effort to eradicate gun violence in New York.”

Michael Fitzpatrick, Chief U.S. Probation Officer said: “On February 1, Probation Officers from the Southern District of New York performed a search of Eric Lesane’s address. These officers seized several firearms and a large amount of ammunition.  This search exemplifies the importance of communication between law enforcement agencies.”

According to the allegations in the Indictment unsealed today in Manhattan federal court and in the Complaint and statements made in open Court: 

On February 1, 2022, the United States Marshals Service arrested LESANE, who was previously convicted of a felony related to illegal firearms possession, after an arrest warrant issued for violations of supervised release.  Following LESANE’s arrest, Probation Officers from the United States Probation Office for the Southern District of New York conducted a search of LESANE’s apartment.  In the course of the search, Probation Officers found:

(1) a Ruger Precision Rifle,

(2) a Mossberg Rifle,

(3) a SWD Model M-11 9mm pistol,

(4) a Typhoon 12 Gauge Semiautomatic Shotgun, and

(5) a black pf940c polymer 80 privately made handgun with no serial number—in other words, a “ghost” gun. 

In the course of the search, Probation Officers also recovered multiple high-capacity magazines each containing more than 15 rounds of ammunition, approximately 75 buckshot shotgun shells, additional ammunition, and a quantity of marijuana. 

Probation Officers also found large amounts of paraphernalia that appears to be associated with the “Crips” street gang, including blue clothing and signs, literature that discusses the Crips, and a black and blue baseball bat with a black and blue bandana tied around it, wrapped in barbed wire.

LESANE, 34, of the Bronx, New York, is charged with: (1) possession of firearms following a felony conviction, which carries a maximum sentence of ten years in prison, (2) marijuana trafficking, which carries a maximum sentence of five years in prison, and (3) possessing firearms in furtherance of a drug trafficking offense, which carries a mandatory minimum sentence of five years in prison, to be served consecutively to any other sentence imposed, and a maximum sentence of life 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 defendants will be determined by the judge.

Mr. Williams praised the outstanding investigative work of the FBI and the NYPD.  Mr. Williams also thanked the United States Probation Office for the Southern District of New York, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service for their assistance in this case.

The prosecution is being handled by the Office’s Violent & Organized Crime Unit.  Assistant United States Attorney Elizabeth A. Espinosa is in charge of the prosecution. 

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

Court Orders Donald J. Trump, Donald Trump, Jr., and Ivanka Trump to Comply with AG James’ Subpoenas

 

Donald J. Trump, Donald Trump, Jr., and Ivanka Trump Ordered to Appear for Testimony Within 21 Days

Donald J. Trump Ordered to Produce Additional Documentation Within 14 Days

 New York Attorney General Letitia James today won a major victory in her office’s ongoing civil investigation into Donald J. Trump and the Trump Organization’s financial dealings. After hearing arguments earlier today, the Honorable Arthur Engoron of the New York County State Supreme Court ruled that Donald J. Trump, Donald Trump, Jr., and Ivanka Trump must all appear for sworn testimony, and Donald J. Trump must produce additional documents in compliance with subpoenas from the Office of the Attorney General. The judge ordered Donald J. Trump, Donald Trump, Jr., and Ivanka Trump to appear for testimony within 21 days, and ordered Donald J. Trump to produce additional documentation within 14 days.

“Today, justice prevailed,” said Attorney General James. “Donald J. Trump, Donald Trump, Jr., and Ivanka Trump have been ordered by the court to comply with our lawful investigation into Mr. Trump and the Trump Organization’s financial dealings. No one will be permitted to stand in the way of the pursuit of justice, no matter how powerful they are. No one is above the law.”

DEC ADVISES OF AVALANCHE AND HIGH WATER RISK IN ADIRONDACKS DUE TO WARMER WEATHER AND RAIN

 

 The New York State Department of Environmental Conservation today advised backcountry users in the Adirondacks, especially the High Peaks Region, of potential avalanche and high water risk following mild temperatures, high winds, and rain. Warmer weather and rain will melt existing snowpack, swelling waterways and making water crossings dangerous. High winds and a return to colder temperatures will then result in re-freezing. Avalanche danger increases during thaws and snow becomes increasingly unstable as it undergoes freeze/thaw cycles.  

DEC advises that where bridges are not available, do not attempt stream crossings during periods of high, fast-moving water. Water temperatures will be extremely cold and full or partial submersion can quickly lead to hypothermia. Be cautious on frozen bodies of water, especially near shore, over moving bodies of water, and where streams enter and exit lakes and ponds. Follow ice safety guidelines and remember that slush ice is approximately 50 percent weaker than new, clear ice. 

Backcountry downhill skiers, snowboarders, and others who may traverse slides or steep, open terrain should be aware of and prepared for avalanche conditions. Avalanches can occur in any situation where snow, slope, and weather conditions combine to create the proper conditions. While the majority of steep, open terrain is found in the High Peaks region of the Adirondacks, avalanche-prone terrain is found on mountains throughout the Adirondacks, including Snowy Mountain in Hamilton County. Skiers and snowboarders should assess their own experience level before going into the backcountry and should be equipped with avalanche safety tools and knowledge, such as participation in an avalanche safety course.