Wednesday, August 2, 2023

Rhode Island Man Pleads Guilty To Conspiring To Traffic “Ghost Guns” And To Laundering Money

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that ROBERT ALCANTARA pled guilty today in Manhattan federal court to conspiracy to traffic firearms and conspiracy to launder money from his firearms trafficking.  ALCANTARA conspired to sell more than 100 “ghost guns” to individuals in the Dominican Republic.

U.S. Attorney Damian Williams said: “Robert Alcantara built untraceable ghost guns and conspired to sell more than 100 of them to individuals in the Dominican Republic.  Thanks to the work of our law enforcement partners, his brazen gun trafficking scheme has been stopped.”

According to the Indictment and statements made in court proceedings and filings:

On November 20, 2021, ALCANTARA was stopped in his vehicle in possession of kits to build approximately 45 ghost guns.  ALCANTARA was interviewed by law enforcement agents and stated that he was planning to turn the 45 kits into working firearms and that he had 50 additional similar ghost guns at his home.  A photograph of the 45 seized ghost gun kits is below:

Photograph of the 45 seized ghost gun kits

ALCANTARA used his Rhode Island home as a factory to machine ghost gun kits into working firearms.  Below is a photograph of his home factory:

Photograph of the defendant's home factory

After ALCANTARA purchased ghost gun kits and machined them into working firearms, he sold those working firearms in the Dominican Republic.  Below are photographs of firearms ALCANTARA sent to buyers in the Dominican Republic to advertise the firearms he had available for sale:


Photograph of firearms the defendant sent to buyers to advertise the firearms available for sale
Photograph of firearms the defendant sent to buyers to advertise the firearms available for sale

ALCANTARA received payments for the guns he sold in the Dominican Republic and laundered those funds. 

ALCANTARA, 36, of Providence, Rhode Island, pled guilty today to one count of conspiring to traffic firearms, which carries a maximum sentence of five years in prison, and one count of conspiring to launder money, which carries a maximum sentence of 20 years 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 defendant will be determined by the judge.  ALCANTARA is scheduled to be sentenced by Judge Broderick on November 15, 2023, at 2:00 p.m.

Mr. Williams praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Department of Commerce.  Mr. Williams also thanked the New York City Police Department, the New York State Police Department, the Providence Police Department, and the U.S. Attorney’s Office for the District of Rhode Island for their assistance in the case.

Attorney General James and Acting Tax Commissioner Hiller Announce Convictions of Nassau County Collision Repair Shops and Owner for Tax Fraud

 

Defendants Cardona, No Limit Auto Body, and Henry Street Auto Body Stole More Than $700,000 in Sales Tax

New York Attorney General Letitia James and Acting New York Commissioner of Taxation and Finance Amanda Hiller today announced the sentencing of Jose Cardona, 45, of Oceanside, for felony Tax Fraud related to his ownership and operation of two Nassau County collision repair shops. Today, in Nassau County State Supreme Court, Cardona was sentenced to six months in jail and five years of probation, after having already paid more than $700,000 in restitution. Cardona’s two businesses previously pleaded guilty to felony Tax Fraud charges, and his wife — Veronica Cardona, 44, also of Oceanside — previously pleaded guilty to a misdemeanor False Filing charge related to a fraudulent personal income tax return.

“When individuals and businesses line their pockets with tax money, they steal services and resources from New Yorkers,” said Attorney General James. “Jose Cardona and his businesses took advantage of taxpayers and tried to cheat our state out of over half a million dollars. I thank DTF and Acting Commissioner Hiller for their partnership and coordination to address this crime and carry out justice. My office will continue to protect New York taxpayers and ensure public resources are used for their intended purposes.”

“By fraudulently disregarding his tax obligations, Mr. Cardona violated the trust of his customers, deprived his own community of revenue needed for vital programs and services, and put other businesses at a competitive disadvantage,” said Acting Commissioner Hiller. “I thank the attorney general for her work on this case. We’ll continue to work with all levels of law enforcement to bring tax criminals to justice.”

Jose Cardona was the owner and operator of two collision centers: No Limit Auto Body, Inc., also known as Perry’s Hub Auto Care — located at 10 Jerusalem Avenue in Hempstead, NY — and Henry Street Auto Body, Inc., also known as No Limit Auto Body II — located at 110 Henry Street in Freeport, NY. A joint investigation by the Office of the Attorney General’s (OAG) Auto Insurance Fraud Unit and the Department of Taxation and Finance (Tax Department) revealed that Cardona and No Limit Auto Body collected but failed to remit to New York state over $584,000 in sales taxes between June 2010 and May 2016, and that Cardona and Henry Street Auto Body collected but failed to remit over $117,000 in sales tax between June 2011 and November 2015.

Cardona previously pleaded guilty to one count each of Criminal Tax Fraud in the Third Degree (a Class D Felony) and Criminal Tax Fraud in the Fourth Degree (a Class E Felony). Pursuant to his pleas, Cardona paid more than $700,000 in restitution to the Tax Department prior to being sentenced. Today, before Acting Supreme Court Justice Meryl J. Berkowitz, Cardona was sentenced to six months in jail, followed by five years of probation.

In addition to sales tax fraud, Cardona and his wife were both charged with filing a false personal income tax return for 2011 and failing to file personal income tax returns for 2010, 2012, 2013, 2014, and 2015 — thereby underpaying over $204,000 in personal income taxes.

Additionally, prosecutors previously charged No Limit employee Peter Bifolco with Felony Insurance Fraud for adding additional damage to a car brought to the shop and then billing more than $3,000 in unnecessary repairs.

Veronica Cardona, Bifolco, and Cardona’s two businesses previously pleaded guilty and were sentenced before Acting Supreme Court Justice Berkowitz in Nassau County. Henry Street Auto Body pleaded guilty to one count of Tax Fraud in the Fourth Degree, and No Limit Auto Body pleaded guilty to one count of Tax Fraud in the Fourth Degree and one count of Falsifying Business Records in the First Degree (a Class E Felony). Veronica Cardona pleaded guilty to one count of Offering a False Instrument for Filing in the Second Degree (a Class A Misdemeanor), and Bifolco pleaded guilty to one count of Criminal Mischief in the Fourth Degree (a Class A Misdemeanor). The defendants were previously sentenced to a conditional discharge.

This case was investigated by the Tax Department’s Criminal Investigations Division, and then referred to OAG for further investigation and prosecution.

The OAG thanks the Tax Department, New York State Department of Financial Services, National Insurance Crime Bureau, and GEICO Insurance for their valuable assistance in this investigation.

Governor Hochul Announces Consultant Chosen for Interborough Express Environmental Review

 Rendering of Interborough Express

Light Rail Transit Project will Serve 115,000 Daily Riders and Connect to 17 Subway Lines and the Long Island Rail Road

MTA to Host Virtual Town Hall on August 16

 Governor Kathy Hochul today announced that consultant firm WSP USA, Inc. was chosen to perform the environmental review for Interborough Express, the transformative Light Rail Transit project which would connect communities in Brooklyn and Queens to 17 subway lines and the Long Island Rail Road, and significantly reduce travel times within and between the two boroughs.

"Today marks a major milestone in this monumental project — bringing us that much closer to connecting communities in Brooklyn and Queens while improving their quality of life," Governor Hochul said. "By building on already existing infrastructure, the Interborough Express will shave time off commutes and make it easier to connect to subway lines across the route."

MTA Chair and CEO Janno Lieber said, “The Interborough Express will provide better access to jobs, education and economic opportunity for well over 100,000 New Yorkers in Queens and Brooklyn. I want to thank Governor Hochul for making this project a priority for the riders – and communities – it will benefit.”

MTA Construction & Development President Jamie Torres-Springer said, “By forging new transit connections, the MTA will transform communities throughout lesser served areas in Brooklyn and Queens. The Interborough Express will create seamless connections to jobs, housing, and everything the metropolitan region has to offer. Awarding a contract for the environmental review brings us one step closer to making this project a reality.”

The Interborough Express would use the existing right-of-way of the Bay Ridge Branch, which is a freight rail line that runs through Brooklyn and Queens, connecting ethnically and socioeconomically diverse neighborhoods such as Bay Ridge, Sunset Park, Borough Park, Kensington, Midwood, Flatbush, Flatlands, New Lots, Brownsville, East New York, Bushwick, Ridgewood, Middle Village, Maspeth, Elmhurst and Jackson Heights. The project would include several new connections in neighborhoods that currently lack efficient connections to each other, and in some cases, to Manhattan.

According to the MTA’s Planning & Environmental Linkages Study, up to seven out of ten people served will be from communities of color, approximately one-half will come from households with no cars, and approximately one-third will be living in households at or below 150% of the Federal Poverty Line.

The Consultant will be directed by MTA Construction & Development. The environmental review will be closely coordinated with other transportation projects and regional studies.

This contract will cover the period up to and including the issuance of a Record of Decision (ROD), and shall include:

  • Further advancement of conceptual design and general planning support
  • Preparation of the Scoping Information Packet
  • Preparation of the EIS
  • Support at EIS Public Hearings
  • Support for Preliminary Engineering and FTA CIG program application

The project could provide potential connections to 17 subway lines (2, 3, 5, 7, A, B, C, D, E, F, J, L, M, N, Q, R, Z) serving areas of Brooklyn and Queens while initial studies indicate up to 115,000 daily weekday riders with annual ridership of approximately four million. Travel times between Brooklyn and Queens could be reduced by up to 30 minutes each way, depending on travel distance.

Proposed service would operate at up to five-minute headways during the peak periods, with off-peak headways of up to 10 minutes at other times of the day. Nineteen stations are planned along the 14-mile corridor between Brooklyn Army Terminal in Sunset Park and Roosevelt Avenue in Jackson Heights, Queens.

Public outreach will be ongoing throughout the project. The MTA will host a virtual town hall meeting later this month to provide an overview of the actions taken on the project so far, including the Planning and Environmental Linkages study. The meeting will be held on August 16 from 6:30-7:30PM. Sign up to attend the town hall here and read more about the planned Interborough Express here.


MAYOR ADAMS ANNOUNCES ASYLUM APPLICATION HELP CENTER HAS HELPED SUBMIT OVER 1,300 ASYLUM APPLICATIONS IN MATTER OF WEEKS, ANNOUNCES HIGHER EDUCATION PARTNERSHIPS FOR FALL SEMESTER

 

Innovative Model is First in Nation to Combine Government, Law Firm, Corporate, Nonprofit, and University Support to Provide Pro Se Application Support at Scale

New York City Mayor Eric Adams today announced that the city’s Asylum Application Help Center has helped migrants mail more than 1,300 asylum applications since it began at the end of June, helping thousands of families take another step closer towards receiving work authorization. Mayor Adams also announced that a consortium of the city’s cornerstone higher education institutions — led by New York University (NYU) — will provide undergraduate and graduate student application assistants throughout the fall as the center scales.

 

The consortium consists of four City University of New York (CUNY) schools: Baruch College, City College, Hunter College, and Queens College; Columbia University; New York Law School; and New York University. Each institution will sponsor three full days at the clinic this fall by giving their students the chance to volunteer as application assistants. Additionally, many of the institutions will offer students the opportunity to earn credit for time spent at the center, either in the form of courses or internships. In total, the sponsored days, for-credit courses, and undergraduate and graduate internships are expected to provide opportunities for hundreds of students to support thousands of asylum seekers in submitting their asylum applications.

 

“Asylum seekers arriving to our country are seeking to build the American Dream, and here in New York City, we are working to give them a shot at it. I am proud to announce that, in the little over a month since we opened our Asylum Application Help Center, we have assisted migrants submit over 1,300 asylum applications,” said Mayor Adams. “Our innovative model is the first in the nation to combine government, private law firms, and nonprofits as they provide asylum application help at this scale. We want to thank the more than 30 private law firms that have been working pro bono to help with these applications, and we want to welcome some of the city’s leading universities that have committed to providing undergraduate and graduate student application assistants to help volunteer with this task throughout the fall. This is an all-hands-on deck issue, and we are doing what no one else has done: coming together from all corners of our city to help our newest New Yorkers get their applications in.”

 

“As the city deals with a historic influx of asylum seekers, this administration remains focused on finding innovate ways to meet the moment — and today is no different,” said First Deputy Mayor Sheena Wright. “Thanks to the cross-sector collaboration between the private and nonprofit sectors, over 1,000 asylum applications have been mailed, offering individuals a fair shot to navigate our country’s immigration system. I applaud all the law firms and higher education institutions for answering the call and working with the city to find a pathway forward for asylum seekers.”

 

“The humanitarian crisis facing New York City is a once-in-a-generation moment that requires our city to bring everyone to the table to find a path forward,” said Chief of Staff Camille Joseph Varlack. “Today’s announcement shows that we still have partners who can meet this unprecedented moment and help the city deliver services to asylum seekers seeking help. Asylum seekers have made it clear that they want the ability to work and contribute in their quest for the American Dream — and this collaboration brings our city one step closer to making that wish a reality.”

 

“Thank you to all the staff and partners that comprise the Asylum Seeker Application Help Center for helping us reach a significant milestone of over 1,300 federal asylum applications,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “While we have much more to do, we are showing what can be achieved when we all come together to support our newest neighbors. Thank you as well to the many academic institutions that will be joining us in this work in the weeks and months to come. New York City will continue to do our part, but we need the federal government to accelerate the process for work authorization to help families begin their path to independence.”

 

“The Asylum Application Help Center has been a tremendous success because of the corps of dedicated staff and volunteers who have worked tirelessly to provide top-notch services to the newest members of our community,” said City Hall Chief Counsel Brendan McGuire. “Delivering individualized asylum application support at this scale and speed is unprecedented.  By assisting with thousands of asylum applications, the city is putting these new community members on a path to work authorization and stability. I am grateful for the contributions of the law firms, companies, and universities who have joined us in this effort, and the city looks forward to welcoming more partners in the fall.”

 

“The Asylum Application Help Center is one example of the city’s unwavering commitment to finding creative solutions to address this national humanitarian crisis,” said New York City Corporation Counsel Sylvia Hinds-Radix.

 

“We thank universities and other partners for joining us in helping asylum seekers and their families take the next critical steps on their journeys,” said Mayor’s Office of Immigrant Affairs Commissioner Manuel Castro. “With their support, we again demonstrate how New Yorkers are coming together to help while we await much-needed support from the federal government.”

 

“Under the mayor’s leadership, an all-hands approach is producing innovative solutions to the asylum seeker humanitarian crisis, and standing up a help center to help migrants navigate the arduous asylum application process and chart a course to work authorization is the latest example,” said Chief Policy and Delivery Officer Sherif Soliman. “I extend my gratitude towards the law firms that have volunteered their time to this important cause and towards the institutions of higher education that have made it part of their mission to both provide learning experiences for their students and step up to help in the city’s moment of need.”

 

The Asylum Application Help Center helps asylum seekers complete and file asylum applications — the first step to ultimately applying for work authorization. Interested asylum seekers are scheduled for one-on-one appointments at the application help center, where trained application assistants provide individualized support to the applicant. Experienced immigration lawyers are on site to supervise application assistants and provide guidance, and interpreters are on site to provide in-person language assistance. Since opening at the end of June, the center has helped over 1,300 asylum seekers and their families submit their asylum applications, setting these families on a track to secure work authorization in the coming months.

 

Over 30 of the city’s leading law firms and major corporations — with the support of the Association of Pro Bono Counsel — together sent over 600 volunteer application assistants and support staff to the center. Mayor Adams is deeply grateful for the contributions of the following partners: Arnold & Porter LLP; Ashurst LLP; Bloomberg L.P.; Cadwalader, Wickersham & Taft LLP; Cleary Gottlieb Steen & Hamilton LLP; Cravath, Swaine & Moore LLP; Dechert LLP; Foley Hoag LLP; Fried, Frank, Harris, Shriver & Jacobson LLP; Gibson, Dunn & Crutcher LLP; Greenberg Traurig, LLP; Hunton Andrews Kurth LLP; Jenner & Block LLP; Lowenstein Sandler LLP; Manatt, Phelps & Phillips LLP; McDermott Will & Emery; Morgan Stanley; Paul Hastings LLP; Paul, Weiss, Rifkind, Wharton & Garrison LLP; Proskauer Rose LLP; Ropes & Gray LLP; Schulte Roth & Zabel LLP; Seyfarth Shaw LLP; Simpson Thacher & Bartlett LLP; Skadden, Arps, Slate, Meagher & Flom LLP; White & Case LLP; Willkie Farr & Gallagher LLP; Wilmer Cutler Pickering Hale and Dorr LLP ;Wilson Sonsini Goodrich & Rosati PC; and Winston & Strawn LLP. The Asylum Application Help Center looks forward to welcoming additional partners from the legal and corporate community throughout the fall.

 

The city continues to seek experienced immigration attorneys to apply to serve as per diem supervising attorneys at the Asylum Application Help Center. Interested attorneys can review the qualifications and apply online.

 

Helping asylum seekers to file asylum applications helps deliver on another promises made in Mayor Adams’ “The Road Forward: A Blueprint to Address New York City’s Response to the Asylum Seeker Crisis,” released this spring. The Adams administration also continues to strongly urge the federal government to immediately use every tool at its disposal to protect and support newly arrived migrants and asylum seekers — and the municipalities supporting them — by expanding Humanitarian Parole and Temporary Protected Status and expediting asylum-based work authorization.

 

Since this humanitarian crisis began, New York City has taken fast and urgent action — opening 194 emergency sites, including 13 other large-scale humanitarian relief centers already, with two more humanitarian relief centers set to open in the coming weeks. The city has also stood up navigation centers to connect asylum seekers with critical resources; enrolled thousands of children in public schools through Project Open Arms; and more.

 

“We are pleased that CUNY students will be able to participate in this laudable opportunity that will allow them to earn college credit and gain hands-on counseling experience while helping eligible migrants apply for asylum,” said CUNY Chancellor Félix V. Matos Rodríguez. “The goals of this partnership with the Mayor’s Office are closely aligned with those of CUNY, a public university with a historical mandate to serve New Yorkers of all backgrounds and circumstances. Many of our students are themselves immigrants or the children of immigrants, strivers who bring a personal understanding of the challenges of coming to a new country in search of a better life.”

 

“Like New York City, Baruch College is a place steeped in the value of inclusion, a place where great transformation is possible for those who are willing to work hard for it,” said Dr. Linda Essig, provost and senior vice president of academic affairs, Baruch College of the City University of New York. “This partnership with the Mayor’s Office is a valuable opportunity for Baruch College students — some of the most compassionate and collaborative problem solvers in the city — to make a positive impact on society, right here where they live.”

 

“Our students have a special affinity for service placements, particularly on issues that resonate with their own life experience,” said Vincent Boudreau, president, City College of New York (CCNY). “With so many CCNY and CUNY students coming from unsettled backgrounds, this project is a particularly resonate way for them to develop their skills in service to people truly in need.”

 

“As New York City welcomes an extraordinary number of new migrants, we are pleased to support the New York City Asylum Application Help Center,” said Andrew Rich, the Richard J. Henley and Susan L. Davis Dean of the Colin Powell School for Civic and Global Leadership, City College of New York. “As a city, it is essential that we assist eligible migrants to apply for asylum and become eligible to work and our students will help staff the center to guide new migrants through the asylum application process.”

 

“The primary mission of the social work profession is to maximize human well-being and ensure that all can thrive, no matter their life circumstances,” says Melissa Begg, dean, Columbia School of Social Work (CSSW). “This starts with meeting the basic needs of all people, with particular attention to supporting and empowering those who are vulnerable, oppressed, and living in poverty. Social workers are also specially trained to deliver trauma-informed care and to advocate for appropriate services. At CSSW, we hold firm to these commitments by ensuring that our students and alums have the opportunity to use their training to serve the communities that are most often pushed to the margins. We are proud to be part of the collective group of higher education institutions here in New York City that will support the city’s efforts to provide safety and security for those seeking asylum.”

 

“Hunter College and CUNY have served as the engine of social integration and economic mobility for generations of immigrant New Yorkers,” said Ann Kirschner, interim president, Hunter College. “We appreciate Mayor Adams’ effort to enlist our students to help asylum seekers take their first steps toward achieving the American Dream.”

 

“The Silberman School of Social Work at Hunter College is proud to be a partner in this important project,” said Mary Cavanaugh, dean, Silberman School of Social Work at Hunter College. “Our students can earn valuable experience as they help guide asylum seekers in New York City through the complicated immigration process.”

 

“Queens College very much welcomes the opportunity to work with the Office of the Mayor of the City of New York on the asylum assistance project, consistent with our longstanding tradition of support for the aspirations of immigrants and migrants,” said Dr. Nathalia Holtzman, interim associate provost, Queens College. “Our college motto is ‘We Learn So That We May Serve.’ By involving student interns, volunteers, and through appropriate academic experiences, we are contributing in a most positive way to helping those in need of support to navigate the asylum application maze.”

 

“I have been proud to assist in the design and implementation of the application center,” said Lenni B. Benson, distinguished chair in immigration and human rights law, New York Law School. “Our law school has one of the nation’s leading immigration law programs and a long track record of helping immigrants and asylum seekers. It is important for institutions with depth and expertise to step up and offer their meaningful assistance to those who are in great need and crisis. As a result, our community members will become even better prepared to have a deep and sustainable impact throughout the city and beyond.”

 

“NYU is honored to join in this important effort to support the newest New Yorkers seeking asylum in a city that has long welcomed immigrants and celebrated their contributions to our vibrant urban life,” said Georgina Dopico, interim provost, NYU. “I’m especially proud that NYU, together with our partner universities, is able to offer what is perhaps our most valuable resource — the time and talent of our students, faculty, and staff — to help advance this cause.”

 

“NYU’s unmatched global presence underscores the need for our students to contribute to a world filled with challenges that are not confined to a single nation’s borders,” said Linda G. Mills, president, New York University. “We are proud to work alongside the city, our fellow institutions of higher education, this group of law firms, and others in this important effort to help asylum seekers in New York.”

 

“The AILA New York chapter is proud of its members who have supported and partnered with New York City’s new asylum clinic to help the large numbers of recently arrived immigrants,” said Kushal Patel, New York Chapter Chair of the American Immigration Lawyers Association (AILA). “We know firsthand that providing this legal assistance will make the world of difference and will ultimately benefit New York. We appreciate the efforts of the Mayor’s Office to spearhead this initiative and look forward to its expansion and our members having further opportunities to assist.”

 

“The Association of Pro Bono Counsel is grateful to Mayor Adams and his team for their monumental efforts to mobilize and facilitate the provision of pro bono asylum support to the refugees arriving in New York City,” said Elizabeth Lewis and Rachel Strong, co-presidents, Association of Pro Bono Counsel (APBCo). “The program and structure that they have developed has enabled hundreds of volunteer lawyers at private law firms to efficiently and effectively assist these refugees as they seek to launch new lives in the U.S. While there has been significant progress, the need remains great and, as such, we are thrilled that the program will continue. APBCo and its members look forward to continuing to partner with the Mayor’s Office on this important initiative.”

 

“Arnold & Porter is proud to partner with the Mayor’s Office to continue our longstanding tradition of assisting vulnerable migrants fleeing from violence and persecution,” said Jim Herschlein, co-chair, Arnold & Porter LLP. “It is a privilege for our attorneys to assist the city in its efforts to meet this unprecedented humanitarian crisis with compassion and a commitment to justice.”

 

“Cravath is pleased to assist Mayor Adams in this important initiative to provide much-needed pro bono legal services to asylum seekers,” said Antony L. Ryan, partner, Cravath Swaine & Moore, LLP.

 

“Commitment to pro bono legal service is a longstanding tradition and core aspect of Foley Hoag’s identity and culture,” said Rebecca Cazabon, pro bono counsel, Foley Hoag LLP. “Our lawyers have been particularly engaged in immigration work, and we are proud to partner with the New York City Mayor’s Office to help low-income asylum seekers.”

 

“Fried Frank has provided pro bono service to asylum seekers and other immigrants for decades,” said Karen Grisez, pro bono counsel, Fried, Frank, Harris, Shriver & Jacobson LLP. “We are proud to be part of this effort to help New York City’s recently arrived migrants timely complete their asylum applications, qualify for work authorization, and move on to self-sufficiency.”

 

“As part of the firm’s robust pro bono practice, Gibson Dunn has been privileged to help hundreds of asylum seekers over the years in establishing their new homes in the United States,” said Katherine Marquart, partner and pro bono chair, Gibson, Dunn & Crutcher LLP. “Various crises around the globe have led to an unprecedented number of asylum seekers coming to New York to find safety, and Gibson Dunn has been honored to join forces with the City of New York and other community partners to try to meet the unprecedented demand for pro bono legal services. In the last week alone, dozens of volunteers from Gibson Dunn staffed the Asylum Application Help Center and were able to help families take the first step towards permanent refuge here in New York City.”

 

“We believe that it is our duty as a global law firm to support those in our communities who need it most, and few groups need that assistance as critically and imminently as asylum seekers,” said Caroline J. Heller, chair, global pro bono program, Greenberg Traurig. “We are honored to have the opportunity to provide support to the Asylum Application Help Center and play a small role in helping these individuals integrate into their new lives by helping them take this important first step.”

 

“At Manatt, we have a deep and abiding commitment to pro bono work and to helping increase access to legal services, including for those seeking refuge from violence, persecution, and abuse,” said Sirena Castillo, director of pro bono, Manatt Phelps & Phillips LLP. “The work we do with the Asylum Application Help Center is a direct reflection of this commitment, and we are proud to be part of these efforts.”

 

“Morgan Stanley is proud to work alongside partner law firms and the City of New York in assisting individuals and families applying for asylum, the first step toward obtaining work authorization,” said Erin Law, pro bono lead counsel, Morgan Stanley. “Through our pro bono program, Morgan Stanley employees have a long history of assisting individuals who have fled dangerous conditions in their home countries, and we are pleased to bring this experience to support the Asylum Application Help Center.”

 

“We stand ready to continue to help with this first step towards getting people authorization to work,” said Brad S. Karp, chair, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

 

“Ropes & Gray is proud to help provide legal assistance to the tens of thousands of asylum seekers fleeing dangerous situations for a chance at a new beginning,” said John Sorkin, office managing partner, New York office, Ropes & Gray. “This work is helping to create a more stable situation for these individuals. Getting them settled and established is important to their quality of life, to our communities and the city’s economy. Our involvement with the City of New York’s immigration clinic exemplifies the firm’s commitment to ‘practice with purpose’ to better our community. Resolving asylum status helps all New Yorkers by bringing immigrants out of the shadows.”

 

“Seyfarth is honored to contribute to such important work, and we are proud to support asylum seekers in their quest for safety and stability,” said Ashley Cano, pro bono and philanthropy partner, Seyfarth Shaw. “One of our volunteers put it best: ‘Volunteering at the Help Center has been a touching experience. It is hard to hear what people have had to endure and the situations they are in, but I’m happy to be able to help them get one step closer toward gaining legal status.’”

 

“We are honored to be a part of New York City’s ongoing efforts to assist children and adults who are fleeing dangerous conditions in their home countries and are seeking asylum,” said Josh Levine, co-chair, pro bono committee, Simpson Thacher & Bartlett LLP. “It has been deeply gratifying to have the opportunity to assist so many families during this humanitarian crisis.”

 

Permits Filed For 2519 Sedgwick Avenue In Kingsbridge, The Bronx

 


Permits have been filed for a seven-story residential building at 2519 Sedgwick Avenue in Kingsbridge, The Bronx. Located between Bailey Avenue and West Kingsbridge Road, the lot is near the Kingsbridge Road subway station, serviced by the 4 train. Paul Lumaj of Dedaj Construction Corp. is listed as the owner behind the applications.

The proposed 65-foot-tall development will yield 27,022 square feet designated for residential space. The building will have 40 residences, most likely rentals based on the average unit scope of 675 square feet. The masonry-based structure will also have a cellar, eight open parking spaces, and 12 enclosed parking spaces.

Badaly Architects is listed as the architect of record.

Demolition permits have not been filed yet. An estimated completion date has not been announced.

BRONX MAN SENTENCED TO 20 YEARS TO LIFE IN PRISON FOR FATALLY SHOOTING HIS BOSS IN DISPUTE

 

Defendant Was Convicted by Jury of Second-Degree Murder

 Bronx District Attorney Darcel D. Clark announced that a Bronx man was sentenced to 20 years to life in prison for killing his supervisor after they got into a fight at the defendant’s apartment.

 District Attorney Clark said, “The defendant called police after killing the victim, and told them the victim shot himself. Thanks to the hard work of analysts who were able to match the bullet impact marks left on the walls of the apartment, we were able to prove the defendant shot and killed his colleague.” 

 District Attorney Clark said the defendant, Rafael Morato, 49, was sentenced on July 31, 2023 to 20 years to life in prison before Bronx Supreme Court Justice Jeanette Rodriguez-Morick. The defendant was found guilty of second-degree Murder on March 6, 2023, after a jury trial.

 According to the investigation, on July 5, 2019 at approximately 10:48 a.m., at 1750 Sedgwick Avenue, the defendant and the victim, Ostilio Salerno, 44, who was his supervisor in a construction company, had a dispute. Morato shot the victim twice in the torso. Salerno collapsed at the door as he tried to escape. When the police arrived at the scene, Morato told them he had heard a pop and saw his friend on the floor near the door. However, when investigators analyzed bullet marks left on the wall, it was determined a gun was fired from the defendant’s bedroom.

  District Attorney Clark thanked Trial Preparation Assistant Kimberly Cameron of the Homicide Bureau for her assistance. District Attorney Clark thanked NYPD Sergeant Patrick Fyvie and NYPD Detective Richard Garcia of the 46th Precinct, NYPD Detective Barry Sullivan of the Bronx Homicide Squad and NYPD Detective Yanira Beltre of the Crime Scene Unit for their work on the investigation.

Statement from Speaker Adams on the New York City Gun Violence Prevention Task Force’s “A Blueprint for Community Safety”

 

“For decades, our communities have experienced the debilitating impacts of gun violence, which robs New Yorkers of their lives and futures, especially those living in neighborhoods that continue to suffer from years of disinvestment. Achieving public safety requires deep levels of sustained funding for proven solutions that strengthen communities most impacted by violence and support their resilience – through healthcare, housing, mental health support, economic and educational opportunities, and violence prevention. The New York City Gun Violence Prevention Task Force’s “Blueprint for Community Safety” puts forth many thoughtful strategies that can begin to tie together efforts towards our collective goals of reducing violence and keeping us all safe. We cannot overlook the victims of crime and traumatized communities left behind by violence in the most impacted neighborhoods – their access to victim services and trauma recovery is imperative to stop cycles of violence, but has too often not been prioritized by government’s public safety efforts. As a city, we must remain committed to consistently delivering the necessary investments for our communities to share in the safety that all New Yorkers deserve, but have not always been afforded.”

California Truck Parts Manufacturer Sinister Diesel Agrees to Pay $1 Million After Pleading Guilty to Conspiracy and for Manufacturing and Selling Illegal Defeat Devices

 

Diesel performance parts manufacturer Sinister Mfg. Company, Inc. – doing business as “Sinister Diesel” – pleaded guilty to criminal charges today in federal court in Sacramento, California, and agreed to pay a total of $1 million in criminal fines and civil penalties. The company also agreed to implement a compliance program and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.

A truck "rolling coal" spews black clouds of exhaust into the air.

A photo of a truck “rolling coal” that Sinister posted to its Facebook page titled: “Get Serious.  Get Sinister.” (Image from U.S. v. Sinister Mfg. Company, Inc., Case no. 2:23-CR-168 JAM Plea Agreement, Exhibit A)

Sinister Diesel pleaded guilty to a two-count Information, charging it with conspiracy to violate the Clean Air Act (CAA) and defraud the United States, and with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the defendant agrees to pay a $500,000 criminal fine.

Sinister must pay an additional $500,000 under the civil consent decree which the United States filed simultaneously with its civil complaint against Sinister, alleging violations of the CAA’s prohibition against the sale or manufacture of devices that bypass, defeat or render inoperative emissions controls. The civil consent decree prohibits the company from making, selling or offering to sell defeat products, including delete tuners, and prevents Sinister Diesel from transferring intellectual property that would allow others to make such products. To ensure compliance with these requirements, Sinister Diesel will implement a robust internal training program and notify its distributors and former customers about the settlement.

“Businesses that manufacture and sell illegal devices to defeat a vehicle’s emissions controls foster pollution and risk decades of progress in curtailing harmful emissions from motor vehicles in this country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The plea agreement and civil settlement show that we will take strong action to enforce the Clean Air Act and ensure that emissions control requirements for cars and trucks are being followed.” 

“Sinister Diesel sold products that allowed drivers to strip the emissions controls from their trucks, causing a dramatic increase in the release of pollutants that worsen air quality and harm the quality of life,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Environmental laws that control diesel pollution are especially important to protect sensitive populations such as the young, the elderly and people who suffer from respiratory conditions.   My Office will continue to vigorously prosecute those who place profit above the public’s health and the environment.”

“For close to ten years, Sinister Diesel sold parts designed to override or disable the emissions control systems on trucks,” said Principal Deputy Assistant Administrator Larry Starfield for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA testing has shown that a vehicle altered with these parts can emit more than 100 times the amount of certain harmful air pollutants, compared to a vehicle with an intact emissions control system. This case shows that we will aggressively prosecute those who manufacture and sell devices designed to defeat vehicle emissions controls.”

According to court documents, Sinister Diesel – from its 2010 incorporation to April 2020 – manufactured and sold parts intended to be installed on motor vehicles, particularly diesel trucks, to enable “deleting” the trucks by removing or disabling the trucks’ emissions control systems. Various products, referred to as “delete devices” or “defeat devices,” are used in the process of “deleting” a vehicle. Sinister often sold its products as part of “delete kits,” sometimes bundled with “delete tunes.” The delete tunes were software produced by another company which could alter a diesel truck’s on-board computer to allow a truck with its emissions controls “deleted” to appear to run normally. 

Through its employees, Sinister Diesel reached agreements with other companies that manufactured tuners or tuning platforms to sell their products bundled together. Sinister would often advise customers on other needed parts for their deleted vehicles to run properly with Sinister’s delete kits — such as a tuner or tuning platform and delete tunes — and sell them those products, too. Sinister also counseled customers on how to evade state emissions tests.

Though Sinister sometimes labeled its delete products for “racing” and included disclaimers in marketing materials indicating that its products should be used only in off-road settings, the company knew most of its delete products were purchased by diesel truck drivers who used those products on public roads, not racetracks. At times, approximately 25% of Sinister’s gross revenue stemmed from its delete products. According to Sinister’s sales statistics, between October 30, 2015, and July 17, 2017, it sold 39,792 defeat devices, including at least 35,960 kits that disable vehicles’ exhaust gas recirculation systems.

Deleting a diesel truck causes its emissions to increase dramatically. For example, for a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: Nitrogen oxides increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and particulate matter increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted. 

Diesel emissions contain multiple hazardous compounds and harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.  

The defendant is scheduled to be sentenced in the criminal case by U.S. District Court Judge John A. Mendez for the Eastern District of California on November 14, 2023. Though Sinister Diesel agreed to pay a $500,000 criminal fine under its plea agreement, the company faces – for each count – a maximum fine of $500,000 or twice the gross pecuniary gain derived from the offense. Its sentence will be determined at the discretion of the court after consideration of all applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.  

The criminal case was the product of an investigation by the EPA’s Criminal Investigation Division, with assistance from the Federal Bureau of Investigation’s Sacramento Field Office. Assistant United States Attorney Katherine T. Lydon of the Eastern District of California and Senior Counsel Krishna S. Dighe and Trial Attorney Stephen J. Foster of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division (ENRD) are prosecuting the criminal case. The federal civil case is being handled by Senior Attorney Eric Albert and Senior Counsel Joanna Day of the Environmental Enforcement Section of ENRD, Attorney Advisor David H. Kim of EPA’s Region 9 office, and Janice Chan of the EPA’s Region 9 office.

Stopping the manufacture, sale, and installation of illegal delete devices is a priority for EPA. To learn more, visit: www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-enginesTo learn more about EPA’s criminal enforcement actions on defeat devices, visit www.epa.gov/enforcement/criminal-press-releases-2023and https://www.epa.gov/enforcement/criminal-press-releases-2022.

The consent decree for this settlement, lodged today in the U.S. District Court for the Eastern District of California, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.