The Bronx Democratic Party - Annual Gala Dinner - Thursday July 20

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Seven Members Of Bronx Drug Trafficking Organization Charged In Federal Court With Narcotics Trafficking

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James G. Hunt, Special Agent in Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging seven members of the “MMOB” drug trafficking organization with participating in a narcotics trafficking conspiracy.  The case has been assigned to United States District Judge Paul G. Gardephe.  Six of the defendants are currently in custody, and were presented before United States Magistrate Judge Kevin Nathaniel Fox later this afternoon. 

Acting Manhattan U.S. Attorney Joon H. Kim said:  “With today’s indictment of seven alleged members of a drug trafficking organization, we seek to stem the flow of drugs and the havoc they wrought on the Norwood neighborhood of the Bronx. As the Indictment alleges, these defendants trafficked in all types of drugs, including crack cocaine, cocaine, oxycodone and marijuana, and peddled them on the streets, by delivery, and out of apartment buildings in the area. I thank our partners at the NYPD and DEA for their continued commitment to combatting drug trafficking and making our city safer.”  

Special Agent in Charge James J. Hunt said:  “Law enforcement’s collaboration since last summer has led to the indictments of members of the MMOB crew on narcotics conspiracy charges. The Norwood section of the Bronx has been plagued by these individuals for some time and today’s efforts are a step in reclaiming this neighborhood for the community. These gang members allegedly trafficked a myriad of drugs to include strong prescription narcotics, which is a focus of our current investigative efforts, as these drugs are causing serious issues for our citizens.”        

Police Commissioner James P. O’Neill said:  “This indictment is another example of the NYPD’s commitment to hold responsible those who distribute narcotics into our communities. I commend the work of the NYPD investigators involved and our federal partners who continue to work tirelessly to protect our communities.”

As alleged in the Indictment and in other court papers[1]: 

The MMOB crew (“Mosholu Money Over Bitches”) is a group of individuals who are engaged in narcotics trafficking in the vicinity of Gates Place, Knox Place, and Mosholu Parkway, in the Norwood neighborhood of the Bronx (the “MMOB DTO”).  From July 2016 up to April 2017, in the Southern District of New York and elsewhere, JOSHUA PEREZ a/k/a “Link,” JAVIER COLLAZO, HIRAM COLLAZO, a/k/a “Alex, NATALIE JUSINO, KEVIN MIESES, AMAURY MODESTO, and ANDREW PEREZ conspired to distribute significant amounts of narcotics, including crack cocaine, cocaine, oxycodone, and marijuana, in and around the Norwood neighborhood of the Bronx, on a daily basis.  The MMOB DTO controlled narcotics sales between Gates Place and Knox Place, primarily between Mosholu Parkway and West Gun Hill Road, including by selling on the streets and in and around apartment buildings in that area. 

Each defendant is charged with one count of conspiracy to distribute narcotics, which carries a maximum sentence of life in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.  A chart with the defendants’ ages and residences is below.

All of the defendants except for JOSHUA PEREZ, who remains at large, are in custody.    

Mr. Kim thanked the DEA and the NYPD for their work on the investigation.

The case is being prosecuted by the Office’s Narcotics Unit.  Assistant U.S. Attorneys Eli J. Mark and Jilan J. Kamal are 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.

DEFENDANT		AGE		RESIDENCE
JOSHUA PEREZ a/k/a “Link”		30		Bronx, New York
JAVIER COLLAZO		20		Bronx, New York
HIRAM COLLAZO, a/k/a “Alex”		19		Bronx, New York
NATALIE JUSINO, a/k/a “Papo”		34		Bronx, New York
KEVIN MIESES		25		Bronx, New York
AMAURY MODESTO		37		Bronx, New York
ANDREW PEREZ		24		Bronx, New York

[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described should be treated as an allegation.

Former New York Resident Pleads Guilty To Preparing False Tax Returns

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Stuart M. Goldberg, Acting Deputy Assistant Attorney General of the Justice Department’s Tax Division, and James D. Robnett, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigations (“IRS-CI”), announced that DAMYON SHULER pled guilty today to charges relating to his preparation and filing of federal income tax returns that sought refunds based on the fraudulent claim that the taxpayers were entitled to slave-reparations payments.

Acting Manhattan U.S. Attorney Joon H. Kim said: “Damyon Shuler stole from the U.S. Treasury by preparing and filing false tax returns. We thank our partners at the Justice Department’s Tax Division and IRS Criminal Investigations for their work in bringing Shuler’s crimes to light.”

Tax Division Acting Deputy Assistant Attorney General Stuart M. Goldberg said: “Just about a week ago, many Americans did their civic duty and sent off their returns to the IRS, enclosing checks for taxes duly owed. They have the right to expect that those like Damyon Shuler who threaten the integrity of the tax system by preparing fraudulent returns and submitting false refund claims will be fully prosecuted.”

IRS-CI Special Agent in Charge James D. Robnett said: “People who create and promote fraudulent tax schemes against the United States will be held accountable. Today’s guilty plea by Mr. Shuler again emphasizes that IRS-Criminal Investigation will continue their aggressive pursuit of those who would attempt to defraud America’s tax system.”

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

In January 2011, SHULER prepared a 2010 federal income tax return for a client claiming a bogus refund of $61,300. To generate the fraudulent refund, SHULER reported a fake capital gain of $60,575 and a tax paid on that income in the exact same amount. He also attached to the return a form falsely reporting that a Treasury Department office or program identified as “Overpayment of Taxes Black Investme (sic)” had paid the taxes to the IRS. To conceal that he prepared this return, SHULER did not list himself as the preparer.

In February 2010, SHULER also prepared a 2009 federal income tax return for himself that included a false Form 2439 claiming that taxes had been paid to the IRS on his behalf in the amount of $50,575 and fraudulently claiming a refund of $46,685.

SHULER has agreed to pay restitution to the IRS in the amount of $1,233,130 for this tax scheme.

SHULER, 47, pled guilty to the filing of his own false income tax return and the preparation and filing of a return on behalf of one of his clients. SHULER faces a statutory maximum sentence of three years in prison and a $250,000 fine on each of the two counts to which he pled guilty, and will be sentenced before United States District Judge Nelson S. Román on September 14, 2017, at 9:30 a.m.

Mr. Kim praised the outstanding work of the Internal Revenue Service, Criminal Investigation Division. He also thanked the U.S. Department of Justice’s Tax Division for its significant assistance in the prosecution.

Federal Contractor Arrested For Violating Civil Rights Of A Visitor At The Social Security Administration

Social Security Administration Security Guard Alleged to Have Assaulted a Member of the Public and Made False Statements as Part of a Cover-Up

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Anthony Levey, Region 2 Director of the Federal Protective Service (“FPS”), announced today the unsealing of criminal charges against EDWIN CABAN, a Protective Security Officer, in the assault of a member of the public at a branch of the Social Security Administration (“SSA”). CABAN was charged with violating the civil rights of the victim by pushing the victim over a desk and then repeatedly punching the victim in the ribs without physical provocation. CABAN also is charged with filing a false report and making false statements to FPS agents to cover up the incident. CABAN was arrested this morning and is expected to be presented in federal court later today.

Acting Manhattan U.S. Attorney Joon H. Kim said: “The Federal Protective Service’s mission is to protect federal facilities, including employees and visitors. But in this case, we’ve alleged, an innocent visitor needed protection from a violent and unprovoked attack by Protective Security Officer Edwin Caban, which fractured the visitor’s ribs. Officer Caban then allegedly lied about the incident, falsely claiming the victim was disruptive and required removal from the building.”

FPS Region 2 Director Anthony Levey said: “The Federal Protective Service relies heavily on security guard contract vendors and the security guards they employ to assist in our mission of securing federal facilities throughout the nation. We recognize the importance of citizens being able to conduct business with their government safely and free from mistreatment, and will not tolerate conduct that infringes on this ability. We are taking these allegations of misconduct seriously. As soon as FPS learned of the allegations, we immediately took steps to remove this PSO from his position at the SSA building, and FPS agents were assigned to investigate further. FPS agents conducted interviews, collected evidence, and as a result, a complaint was filed by the United States Attorney’s Office for the Southern District of New York. SDNY issued an arrest warrant which was promptly executed, safely and professionally, by FPS law enforcement members. We would like to thank our colleagues in the United States Attorney’s Office for their guidance, assistance, and support throughout the course of this investigation.”

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

The SSA has multiple branch offices located throughout New York City, where claimants may request SSA services and make inquiries regarding social security benefits and Social Security cards. One branch office is located at 123 William Street (the “123 William Office”), in Manhattan. The 123 William Office is staffed by two Protective Security Officers, who are employees of a contractor for the Federal Protective Service of the United States Department of Homeland Security. The 123 William Office has several surveillance cameras, which captured the assault.

The Assault and Cover-Up

 

At approximately 12:37 p.m. on June 22, 2016, the victim (“Victim-1”) entered the 123 William Office, wheeling an elderly gentleman in a wheelchair into the reception area. CABAN attempted to move the wheelchair, which Victim-1 asked him not to do. After CABAN stepped away, Victim-1 withdrew a cellphone from his pocket. CABAN then walked back to Victim-1 and repeatedly accused him of taking a picture with his cellphone, which Victim-1 denied.

As recorded by security camera footage obtained from the SSA, CABAN at this point reached out toward Victim-1, and Victim-1 put both of his hands up in the air, with his palms facing CABAN. CABAN then took hold of Victim-1’s waist with both hands, pivoted, turned Victim-1 around, and then pushed Victim-1 backward toward the elevator bank. CABAN continued to push Victim-1 backward, toward a desk adjacent to the opening to the elevator bank, until Victim-1 fell backward over the desk. CABAN then took hold of Victim-1’s arms, and, as Victim-1 struggled to shake free of CABAN’s hold, CABAN took Victim-1 into the elevator bank.

After a brief struggle in the elevator bank, CABAN pushed Victim-1 up against a wall. Placing his left hand at the base of Victim-1’s throat, CABAN pinned Victim-1 against the wall. As Victim-1 stood there, not moving, with his hands up in the air in a gesture of surrender, CABAN punched Victim-1 four times in the chest and ribs. Victim-1 collapsed forward, and CABAN continued to hold on to Victim-1 as Victim-1 remained bent forward, clutching his abdomen.

At this point, CABAN’s partner, another Protective Security Officer (“PSO-1”), arrived in the elevator bank from a back area of the office and approached CABAN and Victim-1. CABAN let go of Victim-1, who remained against the wall, not moving. As PSO-1 stood a few feet away, CABAN punched Victim-1 again in the chest. After several minutes passed, CABAN and PSO-1 escorted Victim-1 out of the elevator bank and back into the main floor area, back toward where the man in the wheelchair was waiting.

As a result of the attack, Victim-1 suffered bodily injuries, including fractured ribs, bruising, and physical pain.

Shortly after the assault, Victim-1 called 911 and two New York City Police Department officers responded. One of these officers (“Officer-1”) entered the 123 William Office and spoke with CABAN about Victim-1’s allegations. CABAN stated to Officer-1 that he put his hands on Victim-1 to remove him from the office, at which point Victim-1 “flopped” onto the desk, knocking things over. CABAN denied touching Victim-1 after that point and denied entering the elevator bank during the incident.

That same afternoon, CABAN placed a telephone call to an FPS reporting center, in which CABAN made an oral report about the incident. CABAN stated that there was “a disruptive client in here that needed to be escorted out;” he did not disclose that he struck Victim-1.

After the incident, CABAN and PSO-1 discussed the event. PSO-1 wrote and submitted a Security Incident Report. CABAN asked PSO-1 to show him the report, which PSO-1 did. In that report, the only reference to use of force is PSO-1’s note that CABAN was “attempting to detain [Victim-1]” when PSO-1 arrived in the elevator bank. PSO-1 did not state in that report that CABAN struck Victim-1.

CABAN also wrote and submitted a Security Incident Report. In that report, CABAN stated that, as he “attempted to guide [Victim-1] out” of the office, Victim-1 “yelled and jumped onto the security desk flairing [sic] arms and legs knocking equipment around.” CABAN then stated that he placed Victim-1 in an “arm bar” and “took him by the elevator banks,” that Victim-1 “tried to break [his] hold” at which point CABAN “grabbed him under his chin” and “mainta[ined] a hold of his arm.” CABAN stated that PSO-1 then arrived. CABAN reported no other use of force against Victim-1. In particular, nowhere in the report did CABAN state that he struck Victim-1.

CABAN was interviewed twice by FPS agents. During the course of the first interview, CABAN hand-wrote and signed an affidavit. In those interviews and in that affidavit, CABAN denied that he spoke with PSO-1 about the incident after it occurred and denied seeing PSO-1’s report, though he did both. CABAN also falsely stated that Victim-1 threw himself over the desk, when in fact CABAN pushed Victim-1 over the desk, and that Victim-1 was resisting detention when CABAN struck him, when in fact Victim-1 was not resisting at that time.

CABAN, 55, of Astoria, New York, is charged with one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison, and one count of filing false forms and making false statements, which carries a maximum sentence of five 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 investigative work of the FPS.

The charges contained in the Complaint are merely accusations, and the defendant is 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 below constitute only allegations and every fact described should be treated as an allegation.

Statement From A.G. Schneiderman On Decision Regarding Merger Between Health Insurers Anthem And Cigna

Attorney General Eric T. Schneiderman released the following statement on the decision by the U.S. Court of Appeals for the D.C. Circuit to deny Anthem, Inc.’s appeal of the D.C. District Court’s decision to enjoin Anthem’s proposed acquisition of Cigna Corp.:

“Today’s decision is a win for consumers in New York and across the country.  We are very pleased that the Court of Appeals agreed with the District Court’s finding that this merger would violate antitrust laws by substantially lessening competition in commercial health insurance markets, likely leading to increased health insurance premiums and reduced quality and innovation.  I again thank my federal and state partners for their work to protect patients and ensure that competition in the health insurance industry remains vibrant across the country.”

On July 21, 2016, Attorney General Schneiderman, the Department of Justice, ten other states, and the District of Columbia filed a joint lawsuit, which sought a court order to block the merger between the two companies, arguing that it would substantially lessen competition in the sale of commercial health insurance both nationally and in various local markets, including New York. On November 21, 2016, the plaintiffs proceeded to trial against Anthem and Cigna before U.S. District Court Judge Amy Berman Jackson of the D.C. District Court. Judge Jackson issued her opinion and order enjoining the proposed merger on February 8, 2017. 

The case is captioned United States et al. v. Anthem Inc. and Cigna Corp., and is docketed with the U.S. Court of Appeals for the District of Columbia under Civil Action Nos. 17- 5024 (L), 17-5028 (Con.).

COUNSELOR IN BRONX RESIDENCE FOR DISABLED SENTENCED TO 12 YEARS IN PRISON FOR RAPE OF SEVERELY INCAPACITATED WOMAN

Defendant Also Sentenced to 20 Years Post-Release Supervision; Will Register as Sexual Offender 

  Bronx District Attorney Darcel D. Clark today announced that a counselor in a Bronx residence for mentally handicapped adults has been sentenced to 12 years in prison for first degree Rape of a severely disabled woman who was unable to cry for help. 

  District Attorney Clark said, “This defendant’s crime was horrendous and cruel. He raped a non-verbal, severely mentally disabled woman for whom he was supposed to be caring. For this heartless act on such a helpless person, he will spend 12 years in prison, have 20 years post-release supervision and register as a Sexual Offender.” 

  District Attorney Clark said the defendant, Thomas Lang, 62, of Bridgeport, Conn., was sentenced today by Bronx Supreme Court Justice Ralph Fabrizio to 12 years in prison and 20 years of post-release supervision and must register with the state’s Sexual Offender Registry. Lang also waived his right to appeal. 

  Lang pleaded guilty on March 29, 2017 to one count of first-degree Rape. According to the investigation, Lang raped the 33-year-old woman, a resident at Abbott House, where Lang worked as a counselor. DNA testing proved the defendant had had sexual intercourse with her.

  District Attorney Clark thanked NYPD Detectives James Barrenger and Reiner Fehrenbach of the Bronx Special Victims Squad for their assistance in the case.

FORMER RIKERS ISLAND PHYSICIAN’S ASSISTANT INDICTED FOR SEXUAL ABUSE, RAPE AND RELATED CRIMES AGAINST INMATES

Defendant Offered Fast Food And Other Goods In Exchange For Sex Acts 

 Bronx District Attorney Darcel D. Clark today announced that a former physician’s assistant employed by Corizon Health to work in a Rikers Island jail has been indicted on 43 counts of Rape, Sexual Abuse and related crimes for sexual acts allegedly committed against four inmates spanning more than a year. 

  District Attorney Clark said, “The defendant allegedly used his position of trust to sexually abuse female inmates who came to him seeking medical attention. We will prosecute any staff member who commits crimes against inmates in our push to stem corruption and fear in our jails.” 

  Department of Investigation Commissioner Mark G. Peters said, “This is the second arrest from DOI’s intensive investigation into sexual assault at Department of Correction facilities. As charged, this defendant exploited his position as a medical professional, soliciting sexual favors from his inmate patients in exchange for providing contraband. Our investigations into sexual assault at DOC facilities are continuing.” 

  District Attorney Clark said the defendant, Sidney Wilson, 60, of 6506 Avenue N, Brooklyn, was arraigned today before Bronx Supreme Court Justice Ralph Fabrizio. Bail was set at $7,500 and he is due back on July 18,2017. He was indicted on two counts of third degree Rape, two counts of third-degree Criminal Sexual Act, 12 counts of second-degree Sexual Abuse, 12 counts of third-degree Sexual Abuse, 13 counts of Official Misconduct, Forcible Touching and second-degree Promoting Prison Contraband. He faces up to four years in prison for each top charge.

  According to the investigation by DOI, between October 2013 and December 2014, Wilson exchanged items such as gum, socks and fast food for sexual acts from four female inmates housed at the Rose M. Singer Center. A person is incapable of consent to sexual acts if he or she is in the custody of a correctional facility. Wilson resigned from his job in 2015, unrelated to this case.

  District Attorney Clark also thanked Analyst Christine Schaefer of the Bronx District Attorney’s Crime Strategies and Case Enhancement Unit. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

MAYOR DE BLASIO PRESENTS DWIGHT “DOC” GOODEN WITH KEY TO THE CITY

   Mayor Bill de Blasio today presented Dwight “Doc” Gooden with the key to the city. Gooden helped lead the New York Mets to the World Series in 1986 but was unable to attend the ticker-tape parade following their victory.

“We will never forget the 1986 Mets, who played with the kind of passion and personality that personifies New York,” said Mayor Bill de Blasio. “Their come-from-behind win in the World Series was celebrated in tremendous fashion with a parade down the Canyon of Heroes, but Doc Gooden, an integral part of the Mets’ success, wasn’t there. It’s important that our city right that wrong and celebrate Doc and his teammates together, just as they always played the game."

"Today is a day I never thought would happen,” said Dwight “Doc” Gooden. “It’s been a long journey and I am grateful to be here." 

Other members of the 1986 New York Mets were also in attendance, including John Franco, Barry Lyons, Bob Ojeda, Jesse Orosco, Darryl Strawberry and Mookie Wilson.

"I am so thankful that Amy brought Doc and I back together,” said Darryl Strawberry. “To have this day with my friend and the Mayor and the city we love means the world."

This event is part of a documentary film about Gooden and Strawberry, produced by sports journalist and host Amy Heart.

"I had a full career of unfolding some of the best sports stories,” said Amy Heart. “This is one for the books. Darryl has been a longtime friend and together we wanted to make this dream happen for our friend Doc. For me, it’s not about the sport but rather the heart of the player that makes the game.”

The National Anthem was sung by Tony award nominated actress and singer Liz Callaway.