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Wednesday, June 29, 2022
News from BP Gibson: Resources & Updates
STATE INSPECTOR GENERAL LUCY LANG & BROOKLYN DISTRICT ATTORNEY ERIC GONZALEZ ANNOUNCE ARREST OF FORMER BROOKLYN PROPERTY MANAGER FOR RENTAL FRAUD, WORKERS COMPENSATION FRAUD AND IDENTITY THEFT
New York State Inspector General Lucy Lang and Brooklyn District Attorney Eric Gonzalez announced today the arrest of Victor Garvin (aka James Gavin) a former property and site manager of the Harry Silver Houses (“HSH”), a state-regulated affordable middle-income housing development in East Flatbush on multiple felony charges, including Grand Larceny and Forgery.
Between July 2016 and February 2020, Garvin, a resident of Queens County, was employed by Marion Scott Real Estate, Inc. (“MSI”), the property management company for the Harry Silver Houses. In his capacity as a site manager at HSH, Garvin is alleged to have defrauded tenants on three occasions, including:
- Collecting $7,053 in cash by the family member of a resident to cover six months of rent, but failing to credit said payments to that resident’s account;
- Collecting a $2,000 deposit for an apartment from a second individual but failing to credit said payments to that individual’s account.
- Collecting $4,000 from a third individual as a "maintenance fee" and to "speed up the process" of obtaining an apartment without ultimately securing an apartment or returning the money.
Moreover, in January and February of 2020, a company owned by Garvin, Plighted Construction, was hired to perform interior renovations within HSH. Not only did Plighted Construction fail to pay its employees $7,450 for the eight weeks of labor expended on this project, Garvin failed to secure workers' compensation insurance at any time during its work.
Following his termination in February 2020 by MSI, Garvin filed for unemployment insurance using fraudulent documents and the personal identifying information of another individual including his social security number.
“New York has a great tradition of setting aside state-regulated cooperative apartments for affordable housing,” said State Inspector General Lucy Lang, whose office investigated the case. “Predatory behavior that undermines New Yorker’s right to live with dignity will never be tolerated. We are committed to working with, and are grateful to our law enforcement partners, including Brooklyn District Attorney Eric Gonzalez, the Office of Inspector General for the Social Security Administration, and the Department of Homeland Security.”
District Attorney Gonzalez said, “This defendant allegedly stole from vulnerable New Yorkers, including pocketing wages meant for his own employees as well as taking money from tenants that was supposed to pay rent or secure an apartment. I remain committed to protecting all New Yorkers from this type of conduct and I thank New York State Inspector General Lucy Lang and the Office of the Inspector General for the Social Security Administration for their work on this case.”
“The Social Security Administration (SSA) Office of the Inspector (OIG) General will continue to work to protect the integrity of the Social Security number (SSN) and collaborate with our law enforcement partners to investigate those who allegedly steal SSNs and personal identifiers of innocent people for their own profit,” said Sharon MacDermott, Special Agent in Charge, SSA OIG New York Field Division. “I thank the New York State OIG for their efforts in leading this investigation.”
Victor Garvin is charged with Forgery in the Second Degree (3 counts) (PL § 170.10(3)), Criminal Possession of a Forged Instrument in the Second Degree (3 counts) (PL § 170.25), Grand Larceny in the Third Degree (3 Counts) (PL § 155.35(1)), Grand Larceny in the Fourth Degree (1 Count) (PL § 155.30(1)), Falsifying Business Records in the First Degree (1 Count) (PL § 175.10), Offering a False Instrument for Filing in the First Degree (2 counts) (PL § 175.35(1)), Effect of Failure to Secure Compensation (WCL § 52(1)(a)), and Falsifying Business Records in the Second Degree (3 counts) (PL § 175.05(1)). He was arraigned on June 28, 2022, before Kings County Criminal Court Justice Jean T. Walsh and released on his own recognizance. He is next scheduled to appear on September 8, 2022 in Kings County Court Part AP1F and is presumed innocent until and unless proven guilty in a court of law.
BRONX MAN SENTENCED TO FIVE YEARS IN PRISON FOR PUNCHING NYC DOC OFFICER IN RIKERS ISLAND JAIL
Defendant Attacked CO, Causing Spine and Hip Injuries
Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to five years in prison and five years of post-release supervision for assaulting a Correction Officer in a Rikers Island jail.
District Attorney Clark said, “The defendant, who was an inmate, approached the Correction Officer and refused verbal commands to step back, then repeatedly punched her until she was left bleeding and severely injured. If you attack a Correction Officer, we will hold you accountable. We had recommended a consecutive sentence but the court, over our objections, made the sentence concurrent to a prison term he is serving for a Manhattan case.”
District Attorney Clark said the defendant, Zaki Smith, 31, was sentenced on June 27, 2022 to five years in prison and five years of post-release supervision by Bronx Supreme Court Justice Guy Mitchell. The defendant pleaded guilty to second-degree Assault on March 23, 2022.
According to the investigation, at approximately 10:56 a.m., inside the Anna M. Kross Center, inmate Smith approached the Officer and started to threaten her. Smith refused orders by the Officer and continued to advance towards her. The Officer then deployed her pepper spray and ran towards the exit with Smith in pursuit. The Officer fell to the ground and Smith proceeded to get on top of her and repeatedly struck her in the head with closed fists.
As a result of the defendant’s actions, the Officer suffered several lacerations to the forehead, which required stiches, as well as a swollen nose and swollen eye sockets, a herniated disc and a tear in her hip. She suffered mental anguish as well and is in physical therapy for her injuries. Body camera footage captured the brutal attack as well as the threats made by the inmate to the officer’s life.
District Attorney Clark thanked Correction Intelligence Bureau Investigator Daniel Monaco for his assistance in the case.
Attorney General James Sues National Gun Distributors for Fueling Gun Violence Crisis and Endangering New Yorkers
AG James’ Comprehensive Lawsuit Alleges 10 Gun Distributors Violated Local, State, and Federal Laws
AG James Invokes Public Nuisance Law for the First Time to Hold Gun Distributors Responsible
Following U.S. Supreme Court’s Decision on New York’s Gun Law, AG James Takes Action to Protect New Yorkers
New York Attorney General Letitia James today filed a landmark lawsuit against multiple gun distributors for fueling the gun violence crisis and endangering New Yorkers. In her nation-leading lawsuit, Attorney General James alleges that 10 gun distributors sold tens of thousands of illegal, unfinished frames and receivers to New Yorkers that were then converted into unserialized, untraceable handguns and assault-style weapons, known as ghost guns. These gun distributors violated several laws, including New York’s licensing laws, by selling weapons to felons and others without a background check. Attorney General James’ lawsuit stands out by detailing how these businesses repeatedly undermined the law and flooded New York’s streets with illegal ghost guns that harmed New Yorkers. For the first time, Attorney General James is invoking a newly enacted Public Nuisance statute to hold these gun distributors responsible. Following the U.S. Supreme Court’s decision on New York’s gun laws, Attorney General James is taking action to protect New Yorkers and combat the gun violence crisis.
The businesses named in Attorney General James’ lawsuit are among the nation’s leading gun distributors. They include Brownells, Inc. (Brownells), Blackhawk Manufacturing Group (80 Percent Arms), Salvo Technologies, Inc. (80 P Builder or 80P Freedom Co), G.S. Performance, LLC (Glockstore), Indie Guns, LLC (Indie Guns), Primary Arms, LLC (Primary Arms), Arm or Ally, LLC (Arm or Ally), Rainier Arms, LLC (Rainier Arms), KM Tactical LLC, and Rock Slide USA, LLC (Rock Slide).
“While families mourned loved ones lost to senseless gun violence, gun sellers avoided accountability for the illegal and dangerous weapons they sold,” said Attorney General James. “There should be no more immunity for gun distributors bringing harm and havoc to New York. Today’s lawsuit holds 10 gun sellers accountable for fueling the gun violence crisis and endangering New Yorkers. Illegal guns do not belong on our streets or in our communities and we will use every tool necessary to root them out.”
New York City Mayor Eric Adams today simultaneously filed a lawsuit against five of these gun distributors, Arm or Ally, 80P Builder, Rockslide USA, Rainier Arms, and Indie Guns, in federal court.
“We are not going to let gun companies turn New York City into a city of mail-order murder,” said New York City Mayor Eric Adams. “Whether they are hidden in the trunks of cars or packed in a plain brown box, ghost guns are illegal in our city, and we will take every lawful action possible to stop gun retailers from profiting at the expense of the safety of our city. That’s why, this morning, the City of New York filed its own lawsuit against five online gun retailers that are illegally selling and delivering ghost gun components to addresses here in this city. We will not stand by while illegal operators flout the law, endanger our communities, and kill our young people.”
An investigation by the Office of the Attorney General (OAG) linked tens of thousands of shipments to New York addresses to these businesses dating back to 2017. Undercover OAG and New York City investigators were recently able to purchase unfinished frames online from three distributors, who shipped them into New York without serial numbers or a background check. Based on the weight and size of the packages sent to the undercover investigators, OAG has reason to believe tens of thousands of shipments sent by these businesses contain unfinished frames and receivers. Local, state, and federal laws prohibit the sale of unfinished frames and receivers.
New York is grappling with a gun violence public health and safety crisis. A significant part of that crisis is attributable to an influx of homemade, unserialized guns, commonly known as “ghost guns,” which are created using unfinished frames and receivers.
Unfinished frames and receivers do not have serial numbers and can easily be used to make untraceable guns at home using basic tools. Unfinished receivers hold the upper, lower, and rear portions of a semiautomatic rifle together. Purchasers of unfinished receivers only have to make a few small changes with a common drill press to transform an unfinished receiver into an operational one. Once milled, a receiver may be readily turned into a fully-assembled, illegal assault weapon. Similarly, a purchaser of an unfinished frame can use commonly available tools to finish the frame, which may then be readily assembled into an untraceable handgun. The process can be completed in less than an hour, even by an amateur.
These weapons are just as lethal as any other handgun or rifle but are sold directly to consumers without a background check or any federally-required record of their sale. In many cases, the businesses named in Attorney General James’ lawsuit sold illegal unfinished frames and receivers to consumers with criminal records or other disqualifying conditions.
In May 2022, an individual with a criminal background, who was legally ineligible to own or operate a firearm, received shipments from Brownells after previously receiving shipments from Glockstore and Primary Arms. That same month, that individual allegedly used a ghost gun in a triple shooting that killed one person and injured two others in the Bronx.
The OAG and New York City Law Department’s investigation found that Brownells and two other gun distributors, 80 Percent Arms and KM Tactical, known for their unfinished frames, receivers, and ghost gun kits, delivered orders to an individual living in New York who was a member of a far-right militia-style organization with a history of political violence. NYPD investigators later recovered two unserialized completed guns, 11 high-capacity magazines, four additional unfinished frames and receivers, as well as other gunmaking tools, from where he was staying.
The businesses named in Attorney General James’ lawsuit acknowledge in their marketing that the unfinished frames and receivers evade public safety measures. In fact, in many instances they use that as a selling point. In clear violation of federal law, 80 Percent Arms writes on its website, “This means no RED TAPE including: NO Registering an 80% Lower, NO Transfer fees like a typical firearm, NO FFL Required, Ships right to your door.” In addition, Glockstore touts on its website, “You can build a completely legal handgun without any ‘government oversight’ aka interference…No fuss, no muss, no registration, no records.”
These prohibited products are routinely bought online and shipped to addresses across the city and state. Some are also bought in neighboring states and driven into New York. For example, in November 2021, law enforcement officials seized $16,200 worth of unfinished frames and receivers from an individual who bought the illegal products at a gun show in Pennsylvania and was later apprehended in the Bronx. Law enforcement officials claim that the individual planned to assemble the unfinished frames and receivers into complete, usable firearms and resell them illegally.
Unfinished frames and receivers are unquestionably illegal. Under New York’s Jose Webster Untraceable Firearms Act and the Scott J. Beigel Unfinished Receiver Act, possession or sale of an unfinished frame or receiver is a felony, as is the possession or sale of a ghost gun made from one. These distributors are legally obligated to reasonably ensure that their illegal products do not enter New York.
Ghost guns are proliferating across the nation and are being used in crimes at an exponential rate. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the number of ghost guns recovered at crime scenes nationwide has increased more than elevenfold in just six years, from 1,758 in 2016 to 19,344 in 2021. Throughout New York, including New York City’s five boroughs, the number of assembled ghost guns law enforcement recovered and properly identified, increased from just 44 in 2018 to 641 in 2021 — a 1,357% increase. Moreover, as of June 17, 2022, there have been 373 recoveries of assembled ghost guns, putting New York on pace to recover over 800 ghost guns in 2022. The rise in ghost guns coincides with the rise in homicide and suicide rate across the state and nation.
Attorney General James’ lawsuit demonstrates how these businesses’ harmful practices evaded laws meant to protect New Yorkers and contributed to the overall gun violence epidemic in the state, including rising suicides, homicides, and domestic violence rates.
Attorney General James brings six claims against the distributors and invokes the Public Nuisance law for the first time. Under the Public Nuisance claim, Attorney General James asserts that these distributors have endangered the safety and health of the public by selling and bringing dangerous and illegal products into New York and by failing to adopt reasonable controls and procedures to prevent their products from falling into improper hands.
Through her lawsuit filed in New York County Supreme Court, Attorney General James is seeking to ban each business from selling, shipping, distributing, or otherwise supplying unfinished frames or receivers lacking serial numbers to New Yorkers; as well as to obtain restitution and damages; elicit public corrective statements from the businesses regarding their false and misleading statements and omissions; and obtain disgorgement.
In addition, Attorney General James’ lawsuit seeks to require each business to contribute to an abatement fund to eliminate the public nuisance for which they are responsible. The abatement fund would be used to combat New York’s gun violence crisis.
“For decades, New Yorkers have paid for the gun industry’s reckless, dangerous, and illegal business practices with their lives, while the industry has gotten off scot free,” said Nick Suplina, senior vice president of law and policy, Everytown for Gun Safety. “But now that we have the tools to hold rogue gun suppliers accountable, those days are drawing to a close. Today’s lawsuit from New York state is another example of how New York is combating our gun violence epidemic at its roots. As a New Yorker and as an advocate for gun violence prevention, I want to thank Attorney General James for her leadership.”
“As New Yorkers confront the devastation of gun violence every single day in this state, nefarious gun dealers have been illegally flooding our New York communities with untraceable, unserialized firearm frames and receivers,” said Rebecca Fischer, executive director, New Yorkers Gun Violence. “For years, the gun industry has been profiting off of New Yorkers’ lives with zero accountability but now, thanks to New York's exceptional leadership, this state has a strong gun industry liability law. Today, we applaud New York Attorney General James and the city of New York for standing up to the gun lobby and filing this lawsuit to hold dangerous businesses liable for the death, harm, and trauma they have caused to New Yorkers.”
Today’s action builds on Attorney General James’ efforts to crack down on ghost guns and combat the gun violence crisis. Earlier this month, Attorney General James demanded that 28 statewide firearms sellers immediately stop advertising ghost gun parts. In April 2021, Attorney General James sent a letter to U.S. DOJ urging them to strengthen federal regulations on ghost guns. In February 2021, Attorney General James led a coalition of 21 attorneys general from around the nation in filing an amicus brief in the case Grewal v. Defense Distributed before the U.S. Supreme Court, where the coalition fought a lawsuit that seeks to stop states from enforcing their laws against a company disseminating dangerous 3D-printed gun files on the internet.
In September 2019, Attorney General James sent cease and desist letters to the companies behind a number of websites selling incomplete weaponry pieces to New Yorkers that could be easily assembled into illegal assault weapons. In July 2020, Attorney General James announced that all the companies behind the sale of these firearms or firearms components had complied with her cease and desist letters and ended the sale of these weapons to New Yorkers.
NEW YORK STATE RECORD FOR SMALLMOUTH BASS BROKEN BY 8.6-POUND CATCH ON CAYUGA LAKE
Finger Lakes Bass is Second State Record Established this Year
New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced a new state record for smallmouth bass was set on June 15, opening day for bass harvest season. Thomas Russell Jr., of Albion reeled in an eight-pound, six-ounce smallmouth bass from Cayuga Lake, Seneca County. Russell’s bass surpassed the previous record by two ounces, a tie between fish caught on Lake Erie in 1995, and in the St. Lawrence River in 2016.
“Smallmouth bass are one of New York’s most popular freshwater sportfish and it’s exciting to share the great news of Mr. Russell’s record-breaking catch,” Commissioner Basil Seggos said. “New York’s Finger Lakes are truly an angler’s paradise, providing exceptional fishing opportunities for a variety of sportfish.”
Pound for pound, smallmouth bass are considered one of the hardest-fighting freshwater fish in New York. When hooked, they will often leap acrobatically out of the water, making them a highly desirable sportfish for anglers to target. They can be found across the state in cooler lakes, rivers, and creeks in rocky/gravelly areas. For more information on where to find smallmouth bass, visit DEC's Places to Fish and Warmwater Fishing webpages.
Mr. Russell submitted details of his winning catch as part of DEC's Angler Achievement Awards Program, which keeps track of state record fish. Through this program, anglers can enter freshwater fish that meet specific qualifying criteria and receive official recognition of their catch and an embroidered patch commemorating their achievement. The three categories that make up the program are: Catch and Release, Annual Award, and State Record.
A photo of the record fish is on DEC’s New York State Freshwater Fishing Records page. For more information about the Angler Achievement Awards Program, including a downloadable application form, visit DEC's website at https://www.dec.ny.gov/
This is the second state record set this year. On May 8, the state record for channel catfish was broken when Bailey Williams of Watertown reeled in a 35-pound, 12-ounce channel catfish from the Black River in Jefferson County.
For additional information on the Angler Achievement Awards Program, call (518) 402-8891 or email fwfish@dec.ny.gov.
Former NYC Councilman Ruben Diaz Sr. - THANKS TO THE SUPREME COURT
WHAT YOU SHOULD KNOW
By Former NYC Councilman
Rev. Ruben Diaz
You should know that the United States Supreme Court, which is composed of nine judges have handed down recent decisions that favor this nation’s people of faith who adhere to Conservative values.
In 1988 I created "The New York Hispanic Clergy Organization of New York." This organization was created for the purpose of educating the Hispanic Evangelical Christian Community in the political process. Our mission is to inform and educate pastors, and ministers by raising their awareness in social issues that impact our children and families. Our mission statement has five major issues that are of utmost importance to our churches and community of believers.
These (5) five issues are as follows:
1. The New York Hispanic Clergy Organization opposes marriage between persons of the same sex. We support and believe preserving the sanctity of marriage between a man and a woman as ordained by God as stipulated in (Genesis 1:26-28 and Genesis 2:21-24)
2. The New York Hispanic Clergy Organization opposes abortion on demand. We believe that life begins at Conception as stipulated in (Isaiah 44:2, 49:1-5 and Jeremiah 1:5)
3. The New York Hispanic Clergy Organization supports bringing back to our public schools, Prayer, Intelligent design, and the reading of the Bible. We believe that ever since prayer and the Bible were banned from our public schools, we have been experiencing the ever-increasing Crime, hatred, violence, death of innocent children, the disrespect for principals, teachers, and fellow students. Our schools are failing our children and our society. These tragic ramifications are now in full display. Where once our schools were considered the safest place for a child, they are now considered among the most dangerous places where metal detectors must be installed.
4. The New York Hispanic Clergy Organization opposes the distribution of condoms in our schools. We strongly oppose sexual curriculums that border on pornography and age-inappropriate sexual topics that rob our children’s innocence, such as gay marriage, gender identity, and issues that only serve to indoctrinate children beginning in an early age in matters and subjects that their parents deem inappropriate.
5. The New York Hispanic Clergy Organization opposes the burning of the American Flag or the flag of any other nation. We believe that a nation’s Flag is a patriotic symbol for which millions of people have fought and shed their blood for their country. Their flag is a symbol of National Pride, blood and sacrifice and therefore should be respected by all.
6. You should Know that President Donald J. Trump appointed (3) three Conservative justices, who will not legislate, but adhere to their oath to defend the Constitution. The Supreme Court’s recent decisions are favored by Conservatives, believers in the Constitution and people of faith. Among the decisions made by the court in recent days are as follows:
1. The elimination of “Roe vs. Wade” which was never codified since the Court made this tragic decision in 1973. This Supreme Court decision nationalized abortions making it mandatory among states that opposed it. This decision promoted, financed, and provided taxpayer funding to Planned Parenthood to ensure the easy access to abortions in this nation and third world countries. Millions of babies were aborted. Mostly Black and Brown babies were never born because of “Roe”. Republican-controlled states reject abortions and Democratic-controlled States will sadly continue to kill the unborn through abortions.
2. The Supreme Court ruled that anyone who has acquired a license for a firearm can carry it in public. In other words, if a person has a permit for a firearm, the question is why prohibit them from carrying it in public? Why then have a license?
3. The Supreme Court of the State of New York ruled that granting non- citizens the right to vote violates the Constitution. According to the Court only U.S. Citizens have the right and privilege to vote and elect this nations representative govern and dictate the laws of this nation.
4. And finally, the Supreme Court ruled that it is illegal to prohibit citizens from public prayer. This is a great victory for those people who desire and pray at public events but have been forbidden to do so at risk of losing their jobs. This is called freedom of Religion and the free exercise of it.
As you may know my dear reader, all things have their time under the sun. The Bible says that all things work for good.
To all the members, past and present, of The New York Hispanic Clergy Organization, I say Thank you very much for your support, honesty, commitment and fidelity to God and our Organization. But the work is not done. So, I say Pray without ceasing because we still have a long road ahead.......
I am Rev. Ruben Diaz, and this is What You Should Know.
EDITOR'S NOTE:
Reverend Diaz states These (5) five issues are as follows:, so why do we see, 6. You should Know...
It appears it is Reverend Diaz that needs to go back to school to learn the difference in numbers, or I will give him five dollars while he gives me six dollars back all day long.
Also with so many cultures in the public now, which prayer does Reverend Diaz think should be heard, only his.