NYC PUBLIC ADVOCATE AND TENANTS ARRESTED WHILE PROTESTING OUTSIDE BIG REAL ESTATE LOBBY

 

New York City Public Advocate Jumaane D. Williams was arrested by the NYPD today alongside over a dozen tenants and advocates engaging in civil disobedience outside the midtown offices of the Real Estate Board of New York (REBNY). The activists from Housing Justice for All were speaking out against REBNY’s campaign to protect bad landlords and prevent tenant protections from being enacted statewide when NYPD officers took them into custody for obstructing the building’s entrance. 

The Public Advocate made the following statement on the act of civil disobedience:

“Today I and others face arrest on behalf of tenants across New York facing eviction as rents rise and landlords continue to put profit over people. We are blocking the entrance to REBNY just as they have blocked real tenant protections from being enacted in Albany through their disingenuous lobbying and spending.

“At this crucial moment of the housing and homelessness crisis in New York, we need to not only protect the progress we have fought for over years, but march forward, enshrining Good Cause eviction protections into state law and expanding access to deeply affordable, income-targeted housing. Stable housing is essential to public safety — yet when New Yorkers ask for this kind of support, those pleas are rarely heard by those in power.

"Last month, the city’s worst landlord was arrested for his negligence in harming his tenants. Today, we were arrested to protest REBNY’s active campaign to harm tenants statewide, to urge state lawmakers to reject big real estate’s influence, and to finally pass the protections New Yorkers desperately need.”

With housing costs soaring and many New Yorkers being forced from their homes, REBNY has continued to lobby against the passing of Good Cause eviction protections and other efforts to expand access to affordable housing. Donations and lobbying efforts from the real estate industry have exacerbated the housing and homelessness crisis in New York City and statewide.

Following the arrest, Public Advocate Williams has been taken to the 7th police precinct.

NYS Office of the Comptroller DiNapoli Announces State Pension Fund's 2024 Corporate Governance Stewardship Priorities

 

On the Eve of the 2024 Shareholder Meeting Season, DiNapoli Outlines Expectations for Companies Around Corporate Responsibility

New York State Comptroller Thomas P. DiNapoli, trustee of the New York State Common Retirement Fund (Fund), today outlined the Fund’s stewardship priorities for 2024, including setting expectations related to climate risks, diversity, equity and inclusion (DEI), workforce management, and ensuring a robust governance framework to promote high levels of accountability. DiNapoli also announced the Fund has updated its proxy voting guidelines and released its 2023 Stewardship Report.

“Companies that take steps to be responsible corporate citizens are more likely to be profitable, sustainable investments for New York’s pension fund,” DiNapoli said. “The stewardship priorities and expectations we’ve established for portfolio companies, centered around our engagement and voting, aim to achieve just that. As we start the 2024 proxy season, I am confident  that our stewardship efforts will continue to protect our pension fund for the future.”

The Fund’s Corporate Governance Program actively engages with its portfolio companies to foster the development of robust governance practices and prudent management of environmental and social factors that can contribute to their long-term success and sustainability. The Fund’s engagement includes voting proxies at company meetings, filing shareholder proposals, writing letters, and speaking directly with company directors and executives.

2024 Stewardship Priorities

The release of the Fund's 2024 Stewardship Priorities continues DiNapoli’s commitment to encourage open engagement with the Fund’s public equity portfolio companies on key shareholder concerns. These include climate change, DEI, workforce management, governance, board diversity, executive compensation, and political spending disclosure. Along with releasing the Fund’s priorities, DiNapoli announced that the Fund has sent them to its top 100 public equity holdings to ensure their awareness of these priorities. .

Updated Proxy Voting Guidelines

DiNapoli also announced the Fund’s update of its proxy voting guidelines, which articulate the Fund’s view of best practices on environmental, social and governance (ESG) issues. The Fund’s proxy voting provides a direct means of influencing a company’s governance and overall risk management. This includes voting on all director nominees, advisory votes on executive compensation, and votes on shareholder proposals at annual and special meetings for each of the domestic companies in the Fund’s public equity portfolio, as well as those of select non-U.S. companies. In 2023, the Fund cast more than 30,900 votes at 3,235 public company meetings.

Key updates to the Fund’s proxy voting guidelines include:

• Climate Risk: The Fund will generally withhold support from audit committee members or directors responsible for climate risk oversight when the company fails to disclose and appropriately manage and comprehensively report climate risks. The Fund’s updated proxy guidelines incorporate criteria used to evaluate companies’ climate performance including climate transition strategies and plans, greenhouse gas emissions reduction targets, capital expenditure alignment, and Task Force on Climate-Related Financial Disclosures (TCFD) disclosure.
• Governance Issues: The guidelines include various changes to governance-related issues, including: voting against incumbent board nominees at companies that have adopted a classified board structure without a reasonable sunset; voting against proposed charter amendments seeking to extend exculpation to corporate officers; voting against, on a case-by-case basis, governance committee members when a company fails to disclose the identity of shareholder proposal proponents; and voting against proposals that seek to adopt onerous or overly restrictive advance notice requirements.
• Board Diversity: A determination that a board is not sufficiently diverse and/or insufficient efforts have been taken to address a lack of diversity, may result in the Fund withholding support from incumbent nominating committee nominees or all incumbent board nominees. The guidelines outline specific factors the Fund may consider.
• Executive Compensation: The guidelines clarify timeline expectations for long-term incentive plans and specify voting against incumbent compensation committee members where there is a lack of a comprehensive clawback policy. The Fund expects to withhold support from incumbent compensation committee members that fail to make sufficient changes to an executive compensation plan that failed in the previous year’s “say on pay” vote.

To provide transparency around the Fund’s voting, the Fund will continue to highlight key proxy votes in advance of shareholder meetings during the 2024 proxy season and will post all votes cast at the end of the year. For example, the Fund recently announced in advance of the Starbucks’ annual meeting, that the Fund would vote against incumbent Compensation and Management Development Committee members for their lack of oversight over workforce management issues and the failure to uphold the company’s corporate policies on human rights and freedom of association. The Fund’s votes can be found at: https://www.osc.ny.gov/common-retirement-fund/corporate-governance.

2024 Shareholder Proposals

During the 2024 proxy season, the Fund expects a number of its shareholder proposals to be voted on at company annual meetings. The Fund has filed a total of 27 shareholder proposals on issues associated with the Fund’s stewardship priorities. In cases where the Fund was unable to reach agreements with companies to take the requested actions, the Fund expects shareholders to vote on these proposals this spring. Among the proposals going to a vote include:  

• Political spending disclosure proposals at Charter Communications Inc., Airbnb, Inc., and DraftKings Inc. Comptroller DiNapoli recently called on Charter’s shareholders to vote in favor of the Fund’s proposal at the company’s April 23, 2024, annual meeting.
• Worker rights assessment proposal at CVS Health Corp.
• Discrimination and sexual harassment disclosure proposals at Tesla Inc., Wells Fargo and Co., and Chipotle Mexican Grill Inc.
• Greenhouse gas emissions target reduction proposals at Capital One Financial Corp. and Texas Roadhouse Inc.

2023 Stewardship Report

DiNapoli also released the Fund’s 2023 Corporate Governance Stewardship Report which highlights the Corporate Governance Program’s agenda, initiatives, and achievements for the past year.

The New York State Common Retirement Fund is one of the largest public pension funds in the United States. The Fund holds and invests the assets of the New York State and Local Retirement System on behalf of more than one million state and local government employees and retirees and their beneficiaries. It has consistently been ranked as one of the best managed and best funded plans in the nation.

MAYOR ADAMS, CORPORATION COUNSEL HINDS-RADIX ANNOUNCE LAWSUIT AGAINST 11 COMPANIES ILLEGALLY DISTRIBUTING DISPOSABLE FLAVORED E-CIGARETTES

 

Announcement Builds on Administration’s Efforts to Work With Albany to Grant Local Authorities Power to Inspect and Shut Down Illegal Smoke Shops

New York City Mayor Eric Adams and New York City Corporation Counsel Sylvia O. Hinds-Radix today announced that the City of New York has filed a lawsuit against 11 wholesalers for their part in the illegal sale of flavored disposable e-cigarettes, the most popular vaping devices among middle school and high school youth. The 11 defendants — located in Brooklyn, Queens, Long Island, and upstate New York — are alleged to have distributed, and continue to distribute, youth-friendly-flavored disposable e-cigarettes — such as Strawberry Colada, Mellow Mint, Blueberry Energize, and Frozen Creamsicle — to retail vape and smoke shops, convenience stores, and directly to consumers over the internet, in violation of federal, New York state, and New York City law.

Today’s lawsuit seeks to block the defendants from further sales of these illegal items and seeks damages and penalties under state and city statutes. The lawsuit is a companion to the city’s pending 2023 federal lawsuit, in which two defendants in that case are already subject to court orders barring their sales and shipments of flavored e-cigarettes into the city.

“Part of protecting public safety means protecting the health of New Yorkers, including our most vulnerable — our children — and this administration is committed to enforcing the law when it comes to illegal vape sales,” said Mayor Adams. “This lawsuit will help hold 11 wholesalers accountable for their part in the illegal sale of flavored disposable e-cigarettes at a time when nicotine addiction among middle and high school youth is exploding. We will not stand by and allow this greedy, harmful, and openly illegal behavior to continue.”

“This lawsuit continues the city’s enforcement effort against companies that flout the law by selling flavored vapes to retailers and directly to consumers in the city,” said Corporation Counsel Hinds-Radix. “The City of New York will use every tool it can against businesses that are fueling the epidemic of e-cigarette use among young people and undermining public health.”

“Today’s action is one of many in a constellation to support and protect New Yorkers’ health, particularly young people,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. "We know that young people are susceptible to marketing campaigns and products more akin to candy flavors. Thus, we are holding distributors accountable for selling illegal products and protecting our young people from these devices that often contain higher levels of nicotine than found in combustible cigarettes.”

"We will not standby when companies repeatedly put profits over the health of New Yorkers, especially our precious young people" said New York City Department of Health and Mental Hygiene Commissioner Dr. Ashwin Vasan. “Holding manufacturers and wholesalers accountable helps decrease the chances of these harmful products getting into the hands of young people. With this lawsuit, New York City is fighting for the health of all New Yorkers, especially the next generation of leaders and do-ers in our great city."

"Our city remains committed to upholding equity and integrity, protecting public safety, and building a cannabis industry that benefits all New Yorkers,” said Cannabis NYC Founding Director Dasheeda Dawson. “The correlation between stores selling illegal nicotine vapes and those illegally selling cannabis products is undeniable. Shutting down these operators is not only essential for public safety, but also crucial for safeguarding the historic progress we've made thus far. Greater local enforcement authority granted from the state along with funding and technical assistance to accelerate the opening of state-approved cannabis retailers are critical to ensuring entrepreneurs from diverse backgrounds have the level playing field needed to enter the industry legally and thrive.”

The lawsuit, filed in New York County State Supreme Court, builds on commitments made in Mayor Adams’ State of the City address earlier this year, where he recommitted to working with Albany to grant local authorities the power to inspect and shut down illegal smoke shops, while supporting the equitable growth of the legal cannabis market and ensuring justice-impacted individuals are not undermined through an illegal market.

Many e-cigarettes provide nicotine levels far exceeding those of conventional cigarettes. Additionally, federal health authorities, such as the U.S. Surgeon General and the U.S. Food and Drug Administration (FDA), say youth-friendly flavors in e-cigarettes tempt kids to “vape” high levels of nicotine. Cartoon character packaging on e-cigarettes targeted at young people has also contributed to the epidemic of nicotine addiction among middle and high school youth. 

Between 2017 and 2019, e-cigarette use among young people nearly doubled. In October 2022, the FDA and the Centers for Disease Control and Prevention (CDC) released federal data from the 2022 National Youth Tobacco Survey finding that one in 10 middle and high school students across the country had used e-cigarettes in a 30-day sample period. Specifically, 14.1 percent (2.14 million) of high school students and 3.3 percent (380,000) of middle school students reported current e-cigarette use.

Consistent with the national trend, e-cigarette consumption in New York City schools has climbed in recent years. The 2019 Youth Risk Behavior Survey by the CDC revealed that 15.2 percent of public high school students and 6.7 percent of public middle school students surveyed reported current use of electronic vape products.

In January 2020, the FDA banned the marketing of flavored vape products unless companies could prove the benefits of the product outweighed its potential harms, a standard no flavored vape company has yet to meet. Additionally, New York City enacted a complete ban on the possession and sale of flavored e-cigarettes, whether at retail establishments or online in 2020. Further, flavored vapes are barred from retail sales in New York state, as well as in many other cities and states nationwide. The federal Prevent All Cigarette Trafficking Act also prohibits anything other than face-to-face sales of any e-cigarettes, unless the sales comply with all state and local laws of the jurisdiction in which the sale occurs. This is an impossibility in New York City where the New York City Administrative Code prohibits the sale of flavored disposable e-cigarettes entirely.

Despite these laws, the city’s investigations show that the 11 defendants sell and deliver flavored vapes to retail stores and consumers in New York City.

Today’s lawsuit seeks to prohibit these 11 defendants from further illegal sales that violate New York City’s Administrative Code and New York state’s Public Health Law. The city also seeks to recover monetary damages and civil penalties from the defendants.

• EnvironMD Group LLC (2918 Avenue J, Brooklyn, and/or 1222 Avenue M, Suite 501, Brooklyn, NY) sold flavored Myle Meta Bar brand and Fume brand disposable e-cigarettes to a Brooklyn wholesaler.
  
  
• GT Imports (23 West Mall, Plainview, NY) delivered unspecified brands of flavored disposable e-cigarettes with an approximate value of $1 million to various wholesalers located in New York City.
  
  
• Kayla Wholesale, Inc., d/b/a The Vapery (366 N. Broadway, Suite Ph5, Jericho, NY) supplied flavored e-cigarettes, including STIG mango and STIG Lush Ice, to distributors and directly to consumers in the city over the internet.
  
  
• KLCC Wholesale Inc. (452 E 99th Street, Brooklyn, NY) has purchased, from out-of-state distributors, large quantities of flavored disposable e-cigarettes, including Hyde and Breeze brands, presumptively for sale to city wholesalers or retailers.
  
  
• V. Trading, LLC (32-30 62nd Street, Brooklyn, NY) purchased thousands of 7200 Elf Bar, Lost Mary, and Voopoo Drag Bar e-flavored disposable e-cigarettes from out-of-state dealers, presumptively for sale to city wholesalers or retailers.
  
  
• Pioneer Distribution, Inc. a/k/a Wevapeusa.com a/k/a Seller Supreme LLC (1100 Coney Island Avenue, Suite 402, Brooklyn, NY) purchased hundreds of flavored Elf Bar disposable e-cigarettes from an out-of-state distributor and sells flavored disposable e-cigarettes over the internet to consumers in the city.
  
  
• RZ Smoke Inc. (412 Hillside Avenue, New Hyde Park, NY) sold hundreds of flavored Air Bar flavored disposable e-cigarettes to a Brooklyn wholesaler.
  
  
• Star Zone Inc. (3085B New Street, Oceanside, NY) delivered to retailers throughout the city approximately 14,000 flavored disposable e-cigarettes of various brands for which it was paid $650,000.
  
  
• Urban Smoke Distributors (34-10 58^th Street, Woodside, NY) purchased thousands of flavored Elf Bar, Lost Mary, and Funky Republic disposable e-cigarettes from in-state and out-of-state distributors, presumptively for sale to city wholesalers or retailers.
  
  
• Vape More Inc. and More LLC (638 Columbia St Ext., Latham, NY) sold Strawberry Banana, Strawberry Kiwi, Hawaii Punch, Juicy Peach, Blue Razz, Lemon Ice, and Lemon Mint Elf Bar, as well as Lost Mary flavored disposable e-cigarettes to Urban Smoke Distributors in the city.
  
  
• Vape Plus Distribution Corp. a/k/a G&A Distribution (2578 Atlantic Avenue, Brooklyn, NY) purchased thousands of flavored disposable e-cigarettes from various distributors outside the city, presumptively for sale to city retailers.

New York City is using every tool available to protect New Yorkers — particularly young people — from dangerous, illegal vaping, tobacco, and cannabis products, while sending a clear message that anyone helping these illegal, unlicensed shops spread throughout the five boroughs will be held accountable. Coordinating with both city and state authorities, the Adams administration formed the New York City Sheriff’s Office Joint Compliance Task Force to Address Illegal Smoke Shops. The task force is dedicated to conducting enforcement against unlicensed establishments selling cannabis, cannabis-infused edibles, illegal vaping products, illegal cigarettes, and other illegal tobacco products.

Since the start of the Adams administration, the city has imposed more than $240 million in penalties, closed over 180 illegal businesses, conducted over 48,000 inspections, and issued 18,000 summonses to businesses illegally selling these types of products. Additionally, the city has sent letters to almost 500 landlords and owners of buildings across the five boroughs warning that they could be legally liable for the continued unlicensed sale of cannabis or tobacco products by their tenants.

Assemblymember Zaccaro, Jr. Leads Charge to Combat Illicit Cannabis

  

Landmark legislation will facilitate the loss of tobacco, liquor, or gaming licenses of businesses found to be selling illegal cannabis 

Assemblymember John Zaccaro, Jr., along with State Senator Jamaal T. Bailey and community advocates held a press conference to highlight critical legislation to bolster good standing community businesses by targeting retailers, smoke shops, bodegas, and delis where illicit cannabis is being sold.  

“Law enforcement has been working hard to combat the proliferation of these illegal cannabis shops with one arm tied behind their back," said Assemblymember John Zaccaro, Jr. "When I was elected to office, I made a promise to hear my community and focus legislation on issues that would best benefit them. The prevalence of businesses that believe that they are above the law and sell unregulated and illegal cannabis stops now.  The revocation of licenses to sell tobacco, liquor, and lottery tickets lets them know we're taking the issue seriously because we're hitting them where it hurts:  their pocketbooks." 

Since taking office in January 2023, Assemblymember Zaccaro, community organizations, and local elected officials have worked closely with the New York City Sheriff’s Joint Compliance Task Force and the Office of Cannabis Management to reduce the number of stores that sell illicit cannabis and tobacco products. 

To date in the Bronx, the task force has conducted more than 280 inspections, levied fines of more than $11 million, seized more than $4 million of illicit products, made 57 arrests, seized 409 pounds of cannabis flower/pre-rolls, 7, 353 packages of THC edibles, and 14 edged and other weapons. This legislation is one more tool to keep bad actors from infiltrating our neighborhoods and protecting those who follow the law. 

"It is critical that we uphold the progress we've made in establishing a fair and equitable cannabis market in New York state. Businesses engaging in illegal cannabis sales not only undermine the legal cannabis market but also put the health and safety of our communities at risk. This legislation is an important step in holding these unethical businesses accountable and protecting the well-being of our communities. By allowing for the revocation of licenses for businesses involved in illegal cannabis sales, this legislation will strengthen the enforcement of New York's cannabis laws and ensure a level playing field for all businesses,” said Senator Jamaal T. Bailey.

Assembly Majority Leader Crystal Peoples-Stokes commented, “We need to utilize every approach possible to shut down illicit cannabis operations once and for all. Illegal cannabis sales are placing public safety at risk and stealing much needed investments into communities devastated by the war on drugs. Eradicating illegal sales is critical to the ongoing success of licensed cannabis businesses who have followed all the rules. If you are selling cannabis illegally, you should not have the ability to sell tobacco, alcohol, or lottery through a State license or registration. I applaud Assemblyman Zaccaro and Senator Bailey for introducing A9520/S8847 and am proud to support this legislation.”

This bill would allow for the revocation of licenses to sell cigarettes, tobacco products, alcohol and lottery tickets for the possession or sale of illicit cannabis in violation of the cannabis law. If a retail dealer in cigarettes or tobacco products, or their agent, possesses or sells illicit cannabis their state-issued license is subject to a revocation period ranging from a period of one year for a first offense, increasing in severity to a period of revocation for five years for a third offense within five years. 

Bronx Chamber of Commerce - An Evening of Workforce Development: Building Your Skill Set

 

Tuesday, April 9, 2024 6:00pm Location: The Banknote Building 1231 Lafayette Avenue Bronx, NY Join The Bronx Chamber of Commerce and NYS  Assemblymember Amanda Septimo for an evening  of skill building, learning useful interview techniques,  resume-building tips, financial planning and support.   Learn Interview Tactics   Resume Tips   First 50 attendees receive a free professional head shot   Packaged lunch provided by Chick-fil-A Learn more information by visiting  www.bronxchamber.org or contacting  events@bronxchamber.org. This event is free and open to the public.  Registration is required. Register - Click Here

Eight Bronx Men Charged For Participation In Beer Theft Enterprise

 

Damian Williams, the United States Attorney for the Southern District of New York; James E. Dennehy, Special Agent in Charge of the Newark Field Office of the Federal Bureau of Investigation (“FBI”); Edward T. Cetnar, Superintendent of Police and Director of Public Safety of the Port Authority of New York and New Jersey (“PANYNJ”); and Sean Douris, the Chief of Police, Public Safety, and Infrastructure Protection at CSX, announced today the unsealing of a seven-count Indictment charging JOSE CESARI, a/k/a “Cry,” MIGUEL CINTRON, LUIS IZQUIERDO, a/k/a “Luis Zapata,” WAKIEM JOHNSON, a/k/a “Waka,” KEMAR BONITTO, DEYLIN MARTINEZ-GUERRERO, ANTONIO GONZALEZ, and JUSTIN BRUNO with crimes arising from their participation in a multi-year scheme to steal beer — primarily Corona and Modelo shipped from Mexico — from railroad cars and beverage distribution facilities located throughout the Northeast, including in Connecticut, Massachusetts, New Jersey, and New York (the “Beer Theft Enterprise”).  Six defendants were arrested and went before U.S. Magistrate Judge Robyn F. Tarnofsky.  CESARI remains at large, and BONITTO is in state custody in Connecticut.  The case is assigned to U.S. District Judge Edgardo Ramos. 

U.S. Attorney Damian Williams said: “For years, the Beer Theft Enterprise has operated brazenly, allegedly breaking into railyards and beverage distribution facilities throughout the Northeast and filling U-Haul box trucks to the brim with cases of beer.  That dangerous and disruptive conduct — sometimes allegedly accompanied by the threat of violence — has left several beverage distribution and railroad companies ailing.  Today’s arrests reinforce that the Beer Theft Enterprise’s staggering thefts will not be tolerated in the Southern District of New York.” 

FBI Special Agent in Charge James E. Dennehy said: “Train heists harken back to the days of the Wild West and gunslingers riding horses, stealing loot from rail cars.  The romanticized image has nothing to do with the modern-day criminals we allege took part in a theft ring in New Jersey, New York, and beyond that targeted railyards and beverage distribution centers.  They used the cover of night to cut through fencing, off-load pallets of beer, and sold off the stolen goods, costing the victims’ companies hundreds of thousands of dollars.  The alleged ringleader Cesari often used a weapon during the robberies.  Our team of agents and investigators working on this case has done an outstanding job bringing these alleged thieves' crime spree to the end of the line.”

CSX Chief of Police, Public Safety, and Infrastructure Protection Sean Douris said: “CSX is committed to protecting the safety of its property and that of its customers.  We take criminal activity very seriously.  Railyards are privately owned property and unauthorized activity is considered criminal trespassing and violators will be prosecuted.  CSX appreciates the valuable partnerships we have with federal and local law enforcement agencies in New York, and across our network, who are crucial when it comes to investigating incidents and prosecuting individuals responsible for theft.”

According to the allegations in the Indictment:[1]     

Between in or about July 2022 and in or about March 2024, the Beer Theft Enterprise carried out dozens of beer thefts throughout the Northeast, which cumulatively resulted in losses to certain beverage distribution companies of at least hundreds of thousands of dollars.

In a typical theft, the Beer Theft Enterprise operated under cover of night.  At least some of the members of the Enterprise working that night assembled in the Bronx before travelling to that night’s target railyard or beverage distribution facility.  Typically, one or more members working that night drove a vehicle — often a U-Haul box truck — to the target location to be filled with cases of stolen beer.  After arriving at the railyard or beverage distribution facility, members of the Enterprise commonly gained unauthorized access by cutting a hole in the fencing surrounding the location.  When stealing from a railyard, members frequently cut the lock to railroad cars containing sealed pallets of cases of beer — usually Corona or Modelo — then unsealed the pallets and transported the cases of beer to their waiting vehicles.  Generally, they transported the stolen beer to the Bronx, where it was inspected and made available for sale.  The participating members of the Beer Theft Enterprise were usually paid hundreds of dollars for the night’s work after assisting in a beer theft.

As a leader of the Beer Theft Enterprise, CESARI was often present during these robberies.  Sometimes, during a particular beer theft, CESARI used a police scanner to monitor potential police activity.  In addition to participating in many of the Enterprise’s raids over the course of the conspiracy, CESARI sometimes sought to recruit new members to the conspiracy with promises of monetary gain.

CINTRON, IZQUIERDO, JOHNSON, BONITTO, MARTINEZ-GUERRERO, GONZALEZ, and BRUNO were members of the Beer Theft Enterprise.  These defendants participated in certain thefts perpetrated by the organization by, for example, renting or driving vehicles that were used in particular thefts, helping plan or execute particular thefts by communicating with CESARI, and otherwise assisting in particular thefts.

A chart containing the names, ages, charges, and minimum and maximum penalties for the defendants is set forth below. 

The minimum and 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, the PANYNJ, and the CSX Police Department.

This case is being handled by the Office’s General Crimes Unit.  Assistant U.S. Attorney Joseph H. Rosenberg is in charge of the prosecution.

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

Count	Charge	Defendants	Min. and Max. Penalties
1	Conspiracy to steal from interstate or foreign shipments by carrier, and to break and enter carrier facilities with intent to commit larceny therein	CESARI, 27; CINTRON, 32;  IZQUIERDO, 40; JOHNSON, 31;   BONITTO, 38; MARTINEZ-GUERRERO, 28;  GONZALEZ, 33; and  BRUNO, 23	Maximum sentence of five years in prison
2	Theft from interstate or foreign shipments	CESARI, CINTRON,  IZQUIERDO, and  JOHNSON	Maximum sentence of 10 years in prison
3	Theft from interstate or foreign shipments	CESARI, BONITTO,  and GONZALEZ	Maximum sentence of 10 years in prison
4	Theft from interstate or foreign shipments	CESARI and  BRUNO	Maximum sentence of 10 years in prison
5	Conspiracy to commit Hobbs Act robbery	CESARI	Maximum sentence of 20 years in prison
6	Hobbs Act robbery	CESARI	Maximum sentence of 20 years in prison
7	Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence	CESARI	Mandatory minimum consecutive sentence of seven years in prison  Maximum sentence  of  life in prison

 [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.