STATEMENT FROM STATE SENATOR GUSTAVO RIVERA ON DISSOLUTION OF NEGOTIATIONS TO REACH BUDGET AGREEMENT

"The dissolution of negotiations to reach a final budget agreement yesterday is deeply disappointing. New Yorkers elected us not only to represent them honorably and responsibly but, more importantly, to find common sense legislative solutions to the significant challenges they face daily.

At a time when Washington is adopting a destructive course, we cannot allow for shortsighted political games to jeopardize the lives of the more than 19 million New Yorkers we serve. I urge Governor Cuomo to work with Democratic Leader Stewart-Cousins and Assembly Speaker Heastie to pass a budget that truly reflects democratic values on issues such as Raise The Age and 421-a.

We need to pass a budget that will resolve the issues faced by New Yorkers, not implement half measures that will continue to pose challenges for our residents."

IDC Protects Immigrant Communities with Largest Legal Aid Fund in State History

$10 million will be used to provide vital legal services, help immigrants apply for citizenship, job training & more

The Independent Democratic Conference made the largest commitment to immigrant legal aid in New York State history — securing $10 million for services in the 2017-2018 budget.

IDC members worked with Gov. Cuomo to secure this major fund which will work in conjunction with Governor Cuomo’s Liberty Defense Project.

Immigrant and legal defense groups praised the IDC for their steadfast commitment to immigrant rights. Funding awards include: $4 million to the Vera Institute of Justice, $1 million to the New York Immigration Coalition, $1 million to the Empire Justice Center, $1 million to the Northern Manhattan Immigration Coalition for Immigrant Rights, $2 million to the Hispanic Federation and $1 million to Catholic Charities Community Services.

“This is a country built by immigrants and we must do everything we can to protect our immigrant communities. These vital funds knock down the financial wall immigrants face during deportation hearings by providing free legal assistance. The Independent Democratic Conference recognized the true urgency for funding immigrant legal defense services and delivered to ensure that families aren’t torn apart. I want to thank Gov. Cuomo on behalf of the IDC for his leadership on this critical issue,” said IDC Leader Jeff Klein.

“America is a nation of immigrants and the Independent Democratic Conference is proud to protect our immigrant communities through this $10 million investment to help prevent deportations and help immigrants apply for citizenship. This funding will make a positive difference in the lives of immigrant families who want nothing more than the American Dream,” said IDC Deputy Leader David Valesky.

“As an immigrant and the daughter of an immigrant, I am gratified that New York State has chosen to stand behind immigrant communities.  Serious inequities exist in deportation court that lead to unnecessary deportations, broken families, and communities that live in fear of their government. This $10 million in state funding for immigrant legal defense will go a long way towards ensuring that the immigration process is fair to all parties involved and that New York welcomes and values its immigrant communities,” said Senator Marisol Alcantara.

“We are living in different times, and a sign of that is the urgent need we have to protect our immigrant communities more than ever. The IDC is committed to helping immigrants as a part of this year’s budget process, and this is a clear, unquestionable way of doing just that. We are a city, a state, a country of immigrants, and no one can change that. My door is always open to anyone, who like my parents, came here searching for the American Dream,” said Senator Jose Peralta.

“Now more than ever, immigrant families in New York are uneasy about the actions being taken at the federal level and the fear of deportation or losing a family member to deportation is indescribable. Those facing immigration actions have an exponentially higher chance of winning their cases when they have legal representation. That’s why the IDC worked to secure this critical funding to ensure that across the state public defenders are available for those in deportation court,” said Senator Diane Savino.

“Funding immigrant defense initiatives is a matter of human dignity that will help keep families together.  These families do not deserve to be targeted unfairly and be forced to live in fear as law abiding citizens.  I’m glad New York is continuing to stand up for the diversity that makes our State what it is,” said Senator David Carlucci.

“This country was built on the backs of immigrants who came here looking for a better life for them and their families, many of them fleeing persecution. I am proud to be part of  the fight to fund programs that provide necessary aid to immigrant communities and will continue to ensure that any person who needs help or resources knows that my office door is open to assist them. This historic funding shows that our state will continue to support and protect every New Yorker regardless of their origin,” said Senator Tony Avella.

“Our nation has a history of benefiting from the genius of immigrants – their creativity, their talents, and their contributions to our communities make us all immeasurably richer. We must be prepared to defend our immigrant communities from those who seek to build walls instead of bridges. For each unjust misstep, for each affront to our inclusive values, we must be prepared to manifest our core beliefs. That's why this $10 million investment in immigrant legal services is so important. It comes at a moment when New Yorkers are looking to us for reassurance that Lady Liberty's torch will not dim. I am proud to stand with my colleagues, uphold these values, and dedicate the resources to help our immigrant friends and neighbors,” said Senator Jesse Hamilton.

This $10 million commitment builds upon the IDC’s funding announced last year to the Vera Institute of Justice’s New York Immigrant Family Unity Project, which provides attorneys to individuals detained in upstate New York immigration courts. The program increases the chances that immigrants will win their cases by 1,000 percent.

The funds will be awarded to immigrant legal services groups through the state’s Office of New Americans and will be used for immigrant defense services to prevent deportation, green card application processing, job assistance and other endeavors to advance immigrant rights.

Earlier this year, the IDC launched the Immigrant Defense Coalition, also known as Sanctuary Senate districts, where each IDC member offers assistance to immigrants in their districts. The IDC launched a toll free hotline, 1(800) 213-6385, for immigrants to call for legal help.

IDC members also hosted numerous “Know Your Rights” sessions in immigrant communities, with attorneys on hand able to discuss immigration concerns and provide guidance.

OPENING DAY SOUVENIRS AT 161st STREET BID STORES MURAL POSTCARDS FOR SALE

   Just in time for Opening Day at Yankee Stadium, the 161st Street Business Improvement District is selling full-color postcards of its famous street murals.World famous images include Babe Ruth,  Mickey Mantle Derek Jeter, Mariano Rivera, and Muhammed Ali to name a few.

  

The 12-foot by 15-foot artworks have been featured in The New York Times, on the YES Network and on NY1. Visitors from around the world and across the nation pose in front of these street art pieces along River Avenue and on 161 st Street.

Now, photographs of the twelve murals area available for purchase at S and A Sports, Stadium Souvenirs and other fan shops in the stadium district.

“Now, Yankee fans can buy a pack of these great cards and frame them or send cards out to friends and family with a greeting from the stadium district,” said Dr. Cary Goodman, executive Director of the 161 BID and the creator of the project.

A pack of twelve different athletes costs $10 during this introductory period.

Dr. Goodman stands next to the rack of mural postcards set up in S and S Sports directly across from Yankee Stadium. 

Bronx Man Pleads Guilty In White Plains Federal Court In Connection With Fatal Carjackings Of Two Livery Cab Drivers

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that TAKIEM EWING, a/k/a “Mulla,” pled guilty to firearms offenses in connection with the fatal carjackings of two livery cab drivers: Maodo Kane, who was killed in the Bronx on August 5, 2014, and Aboubacar Bah, who was killed in the Bronx on August 12, 2014. EWING faces a mandatory minimum term of 35 years in prison and a maximum term of life in prison, and will be sentenced before United States District Judge Vincent L. Briccetti on July 12, 2017, at 10:00 a.m.

Acting Manhattan U.S. Attorney Joon H. Kim said: “On August 5, 2014, Maodo Kane, a livery cab driver, just trying to earn an honest living, was shot and killed during a carjacking in the Bronx. A week later, Aboubacar Bah, another innocent livery cab driver in the Bronx, was killed in another carjacking. Today, Takiem Ewing has admitted and pled guilty to his participation in these two senseless killings. I want to thank our partners at the FBI, the NYPD, and the City of Yonkers Police Department for their work in bringing Ewing to justice. And we hope that this conviction gives the victims’ friends and families a measure of justice.”

According to the Indictment and other documents filed in the case, as well as statements made during the plea proceedings:

On August 5, 2014, Ewing participated with others in the armed carjacking of Maodo Kane. During the course of the carjacking, one of the perpetrators discharged a gun and Kane was killed in the vicinity of Hunter Avenue, in the Bronx. Subsequently, on August 12, 2014, Ewing participated in the carjacking of Aboubacar Bah. Again, one of the perpetrators discharged a gun in the course of the carjacking, and Mr. Bah was killed in the vicinity of Bryant Avenue, in the Bronx.

Tyrone Felder, Kareem Martin, and Tommy Smalls have also been charged in connection with the carjackings and resulting deaths of Mr. Kane and Mr. Bah. Their trial is scheduled to begin before Judge Briccetti on February 19, 2018.

Mr. Kim praised the outstanding investigative work of the New York City Police Department (“NYPD”), the City of Yonkers Police Department, and the Federal Bureau of Investigation’s (“FBI”) Westchester County Safe Streets Task Force, which comprises agents and investigators from the FBI, the United States Probation Office, the Westchester County District Attorney’s Office, the Westchester County Department of Public Safety, the NYPD, the City of Yonkers Police Department, the City of Peekskill Police Department, and the Mount Vernon Police Department.

Manhattan Man Sentenced In White Plains Federal Court To Six Years In Prison For Impersonating Federal Immigration Official To Defraud Victims

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Keith Barwick, the Special Agent-in-Charge of U.S. Immigration and Customs Enforcement’s (“ICE”) Office of Professional Responsibility (“OPR”) Northeast, and Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced that JUAN ANTHONY NIEVES was sentenced yesterday by U.S. District Judge Cathy Seibel to six years in prison for impersonating a federal immigration official to defraud victims in New York and Connecticut. 

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Juan Nieves exploited vulnerable immigrants working toward U.S. citizenship by posing as a federal immigration officer, charging his victims fraudulent fees while providing no assistance.  Nieves not only defrauded his victims of money but also undermined their trust in the immigration system.  Today’s significant sentence is a clear message that this outrageous behavior will not be tolerated.”

OPR Special Agent-in-Charge Keith Barwick said: “This case identified an illegal scheme to extort victims—impersonating a U.S. Department of Homeland Security official undermines the confidence people have in their government and in law enforcement.  We are committed to aggressively pursue impersonation cases. Having people come forward to report such schemes is crucial to deterring this type of fraud and preventing others from becoming victims.”

HSI Special Agent-in-Charge Angel M. Melendez said:  “This law enforcement impersonator demanded thousands of dollars in fees by preying on members of his own community.  The imitation of officers is not only illegal, but it also perpetuates a fear and panic within our city. The sentencing of Nieves demonstrates law enforcement’s commitment to locating and prosecuting these criminals so they can face the consequences of their actions.”

According to the Complaint and Information filed in White Plains federal court, as well as statements made in connection with the plea and sentencing proceedings:

NIEVES is not, and never has been, employed by the Department of Homeland Security.  But in March 2015 and from November to December 2015, in Orange County, New York, and Hartford County, Connecticut, NIEVES posed as a federal immigration officer capable of providing assistance in the immigration matters of certain victims and their family members.  NIEVES claimed that he was a “boss” or “chief” (“jefe” in Spanish) with United States Immigration; that he worked at 26 Federal Plaza in Manhattan and had numerous employees working for him; and that he signed the final paperwork that permits an individual to enter the United States or orders an individual to be deported.

NIEVES offered to help the victims and their family members with their immigration paperwork and in return demanded and received thousands of dollars in so-called fees.  In connection with this purported help, NIEVES received from the victims and their family members legitimate immigration paperwork that they had completed, and he also took photos or made copies of their identification documents.  NIEVES also engaged in a charade of purporting to contact, in the victims’ presence, one or more individuals who worked for him at U.S. Customs and Immigration Services to do certain work related to the victims’ applications.

In addition to the prison sentence, NIEVES, 49, of Manhattan, was sentenced to three years of supervised release.  Judge Seibel also ordered NIEVES to forfeit $15,080 in ill-gotten gains and to pay $15,080 in restitution.

Mr. Kim praised the outstanding investigative work of OPR and HSI.  Mr. Kim also thanked the U.S. Attorney’s Office for the District of Connecticut and the Village of Monroe, New York, Police Department for their assistance.

Ten Arrested For Defrauding Victims Out Of More Than $9 Million In Diamonds

Schemers targeted victims in New York, Las Vegas, and Mumbai, India

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Leon Hayward, Acting Director of the New York Field Office of U.S. Customs and Border Protection, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrests of GODEL SEZANAYEV a/k/a “Gary,” MARK MULLAKANDOV, ALBERT FOOZAILOV, IMANIL MURATOV a/k/a “Eddy,” MANASHE SEZANAYEV a/k/a “Michael,” NATHAN ITZCHAKI, ARKADIY ISRAILOV, ALI JAVIDNEZHAD, MARK NATANZON, SHOLOM MURATOV, MENACHEM ABRAMOV, and NIZAMUDEN AKBARI for their role in fraudulently obtaining millions of dollars in virtually untraceable diamonds from victim wholesalers.  Ten of the defendants were arrested this morning and will be presented this afternoon before U.S. Magistrate Judge Andrew J. Peck in Manhattan federal court.  JAVIDNEZHAD and AKBARI remain at large.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “The twelve charged defendants allegedly participated in a global conspiracy to defraud diamond dealers out of more than $9 million. Centered in Manhattan’s diamond district, America’s busiest hub in the diamond trade, the defendants allegedly took advantage of an industrywide system of credit and trust to obtain largely untraceable diamonds, and then, using various allegedly illegal schemes, refused to pay. We commend our law enforcement partners for their work in shutting this alleged criminal scheme down for good.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “Diamonds have value worldwide so it comes as no surprise that an alleged organized ring would target diamond wholesalers in Manhattan's diamond district in a worldwide scheme. Using everything from forged documents to bad checks and tall tales, the group allegedly swindled more than $9 million from victim wholesalers. The FBI-NYPD-CBP Joint Eurasian Organized Crime Task Force is committed to rooting out organized crime groups- big or small-wherever we find them operating I want to commend the FBI agents, NYPD detectives, and CBP officers on their hard work and collaboration in bringing this investigation towards prosecution.”

NYPD Commissioner James P. O’Neill said:  “As alleged, these defendants bought nine million in untraceable diamonds with bad checks, forged documents, and long stories to perpetuate their scheme. I want to thank the NYPD detectives, the FBI, the U.S. Customs and Border Protection and the Acting United States Attorney for the Southern District for their efforts to bring these defendants to justice.”

Acting CBP NY Field Office Director Leon Hayward said:  “U.S. Customs and Border Protection is proud of the expertise we bring to support and assist investigations that result in the takedown of criminal enterprises. It is through interagency partnerships and collaborative efforts, like the one leading to today’s arrests, that law enforcement successfully combats today’s criminal organizations.”

According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]

Since in or about 2015, the FBI has been investigating a series of predatory frauds perpetrated by a group of diamond merchants in New York City. This group swindles diamond wholesalers in a variety of ways, and then resells the ill-gotten diamonds through Manhattan’s diamond district.  In order to avoid detection, the group focuses on obtaining small round stones called melee diamonds, which are virtually untraceable, as they do not bear the unique numerical identifiers common on larger stones.

The group uses a variety of methods to defraud its victims, including bad checks, false references, forged documents, and tall tales—all to convince its victims to part with their diamonds before receiving payment.  The group’s most common technique is the “bust out”: first the group builds up credit and trust with a victim by paying for goods on delivery, and then, at the moment of maximum credit, the group walks away with the millions of dollars in diamonds, leaving the victim high and dry.

Once victims begin to realize their predicament, and begin to insist on payment, members of the group refuse and, instead, inform the wholesalers that their diamonds have been lost, or that another customer took the victim’s diamonds and has refused to pay, or that a different member of the group will repay the victim at some point in the future.  Members of the group have even conditioned payment on the victim’s willingness to assist the group in still another fraud.

Among the schemes described in the Complaint:

From at least January 2015 to November 2016, GODEL SEZANAYEV a/k/a “Gary”, ALBERT FOOZAILOV, IMANIL MURATOV a/k/a “Eddy,” MANASHE SEZANAYEV a/k/a “Michael,” and ALI JAVIDNEZHAD deployed an ad hoc strategy to obtain as much of the diamond inventory of a wholesaler (“Victim-1”) as possible without full payment. The defendants’ scheme caused Victim-1 in excess of $2.4 million in losses.

In or about May 2015, GODEL SEZANAYEV a/k/a “Gary,” ARKADIY ISRAILOV, and NIZAMUDEN AKBARI conspired to defraud a jewelry merchant at a Las Vegas trade show.

From in or about December 2015 to December 2016, ALBERT FOOZAILOV, NATHAN ITZCHAKI, MARK MULLAKANDOV, MARK NATANZON, MENCHAM ABRAMOV, and SHOLOM MURATOV induced numerous victims in Mumbai, India (“Victim-2,” “Victim-3,” “Victim-4,” and “Victim-5”) to send diamonds by interstate carrier by purporting to agree to payment terms that they had no intention to, and did not, honor. The defendants caused these victims losses in excess of $7.44 million.

GODEL SEZANAYEV a/k/a “Gary,” 40, ALBERT FOOZAILOV, 53, IMANIL MURATOV a/k/a “Eddy,” 60, MANASHE SEZANAYEV a/k/a “Michael,” 34, ALI JAVIDNEZHAD, 51, ARKADIY ISRAILOV, 38, and NIZAMUDEN AKBARI, 56, are each charged with conspiring to commit wire fraud, which carries a maximum sentence of 20 years in prison. FOOZAILOV, NATHAN ITZCHAKI, 58, MARK MULLAKANDOV, 41, MARK NATANZON, 68, MENCHAM ABRAMOV, 31, and SHOLOM MURATOV, 35, are charged with conspiring to commit mail fraud, which also 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 defendants will be determined by the judge.

Mr. Kim praised the outstanding work of the FBI, the CBP, and the NYPD for their investigative efforts and ongoing support and assistance with the case.

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

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation. 

Immigration Attorney Charged In Manhattan Federal Court With Visa Fraud And Aggravated Identity Theft

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York and Terence S. Opiola, the Special Agent-in-Charge of the Newark Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced today the arrest of CHARLES JASON LORE for visa fraud, aggravated identity theft, and mail fraud. LORE was arrested this morning and presented this afternoon in Manhattan federal court before U.S. Magistrate Judge Andrew J. Peck.

Acting Manhattan U.S. Attorney Joon H. Kim said: “Charles Lore, an immigration attorney, is alleged to have submitted fraudulent forms for over 150 clients, claiming a rare exception intended for individuals with extraordinary achievements in film and television. When approached by law enforcement about the unusually high number of exceptions he sought, Lore allegedly stole the identity of another attorney and filed almost 200 additional petitions for the same exception under the unsuspecting attorney’s name.”

HSI Special Agent-in-Charge Terence S. Opiola said: “Attorneys allegedly misrepresenting their role should be put on notice that their actions will be uncovered. I commend our special agents on a job well done.”

According to the allegations in the Complaint unsealed today in Manhattan federal court[1]:

Beginning in April 2011 through January 2015, LORE participated in a scheme to submit fraudulent I-129 Forms in connection with applications for temporary nonimmigrant worker visas, known as O-1 visas. Specifically, LORE submitted over 150 fraudulent “no-objection letters” from trade associations that represent actors, musicians, and artists in support of scores of O-1 visa petitions. United States Citizenship and Immigration Services relies on these letters in determining whether the applicant possesses the extraordinary ability, or has demonstrated the requisite achievement necessary to obtain an O-1 visa. In addition, after he was approached by law enforcement agents concerning an apparently fraudulent letter, LORE stole the identity of an unsuspecting lawyer, and submitted nearly 200 additional visa petitions in this victim’s name.

LORE, of Denville, New Jersey, is charged with one count of visa fraud, one count of aggravated identity theft, and one count of mail fraud. Mail fraud carries a maximum sentence of 20 years in prison; visa fraud carries a maximum sentence of 10 years in prison; and aggravated identity theft carries a mandatory sentence of two 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.

Mr. Kim praised the outstanding investigative work of HSI.  He also praised the U.S. Citizenship and Immigration Services, Office of Fraud Detection and National Security, and the Department of State's Diplomatic Security Service for their assistance.  He added that the investigation is ongoing.

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

 

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[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Former New York City Human Resources Administration Employee Sentenced In Manhattan Federal Court To More Than Seven Years In Prison For Fraud And Cocaine Trafficking

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that PETRONILA PERALTA, a/k/a “Petra,” a former employee with the New York City Human Resources Administration (“HRA”), was sentenced in Manhattan federal court to 90 months in prison for defrauding a public assistance program that she had administered during the time when she worked for HRA, resulting in the theft of more than $600,000 in public funds, and for trafficking more than 100 kilograms of cocaine following her separation from HRA. Sentence was imposed by U.S. District Judge Gregory H. Woods.

Acting U.S. Attorney Joon H. Kim stated: “Petronila Peralta not only trafficked in large quantities of cocaine, but also abused her position of trust by enriching herself and her co-conspirators at the expense of some of New York City’s neediest citizens. For her serious crimes, she has now been sentenced to over seven years in federal prison.”

According to the Complaint, Indictment, plea agreement, and other information in the public record:

HRA is an agency of the City of New York responsible for administering various public assistance programs. Among other things, HRA provides temporary help to individuals and families with social service and economic needs to assist them in reaching self-sufficiency. Its services include, among others, administering the federally funded Supplemental Nutrition Assistance Program (more commonly known as “food stamps”), administering the federally funded Temporary Aid to Needy Families Program, and providing rental assistance to low-income families and individuals.

Between 2005 and August 2014, PERALTA worked at HRA. Although PERALTA was supposed to provide economic support and employment-related services to persons in need, between approximately 2009 and 2011, PERALTA abused her position by fraudulently issuing certain public assistance benefits not to the individuals who were entitled to them, but rather to her co-conspirators. The scheme led by PERALTA resulted in the loss of more than approximately $600,000 in public funds. In addition, following her separation from HRA, between approximately January 2013 and March 2015, PERALTA received, and helped others to receive, through the mail more than 100 kilograms of cocaine meant for re-distribution. In handing down the sentence, Judge Woods called PERALTA the “lynchpin” of both the HRA fraud and the narcotics conspiracy.

In addition to the prison sentence, PERALTA, 53, of Bronx, New York, was ordered to pay $600,000 in restitution and $675,000 in forfeiture.

Acting U.S. Attorney Kim praised the work of the New York City Department of Investigation, the Drug Enforcement Administration, and the United States Postal Inspection Service.