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Monday, March 28, 2022
News From Bronx Borough President Vanessa L. Gibson - Resources and Updates
Construction Company and Owner Indicted for Manslaughter in Death of 5-Year-Old Girl Struck by Pillars Following Wall Collapse
Defendant Allegedly Built Dangerously Flawed Stone Fence in Violation of Numerous Provisions of the NYC Building Code
Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber and New York City Department of Buildings Acting Commissioner Constadino “Gus” Sirakis, P.E., today announced that the owner of a Nassau County construction company has been indicted on manslaughter and other charges after a wall he built collapsed on a child, killing her.
District Attorney Gonzalez said, “The wall that this defendant allegedly built was a disaster waiting to happen. He allegedly failed to obtain the proper permits and failed to reinforce and secure the structure as required by law. As a direct consequence of his alleged recklessness, the wall collapsed and caused the senseless death of a precious 5-year-old child. My heart is with the victim’s family, and we will now seek to hold this defendant accountable.”
Commissioner Strauber said, “The New York City Building Code exists to ensure the safety of construction in the city. Mr. Anwar and his company allegedly violated numerous Code requirements when they built a stone wall without proper anchors or permits. Their obviously dangerous conduct had tragic consequences; as charged, the wall collapsed, causing the death of a 5-year-old girl. We thank the Brooklyn District Attorney’s Office and the city’s Department of Buildings for their partnership in this important investigation and we will continue to work with them to hold accountable those who flout their responsibilities with respect to construction safety.”
Acting Commissioner Sirakis said, “Performing construction work without the necessary permits can have devastating consequences. This indictment sends a strong message to the construction industry that this City will not tolerate bad actors who cut corners and jeopardize the safety of our fellow New Yorkers. I would like to personally thank our partners at the District Attorney’s Office and at the Department of Investigation for bringing criminal charges in this important case.
The District Attorney identified the defendant as Nadeem Anwar, 46, of Valley Stream and his company, City Wide Construction and Renovations, Inc., also of Valley Stream. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are charged with seconddegree manslaughter, criminally negligent homicide, second-degree reckless endangerment, first-degree offering a false instrument for filing, and second-degree falsifying business records. Anwar was released without bail and ordered to return to court on May 11, 2022.
The District Attorney said that, according to the investigation, on August 29, 2019, at approximately 8:23 p.m., Alysson Pinto-Chaumana, 5, was with her mother and several friends while they were visiting a friend at 444 Harman Street, a three-story building in Bushwick, Brooklyn.
The group was outside waiting near the front door on an enclosed patio next to a 68” tall wall that fenced in the patio and had a base of heavy stone pillars topped with stone horizontal plates. Suddenly, the pillars and a horizontal plate fell inward onto Alysson, crushing her skull and causing her death
An investigation into the collapse determined that the defendant, a licensed contractor, who was hired to renovate the façade of the property and build the wall in September 2018 allegedly committed numerous violations of the New York City Building Code. Although he was licensed as a contractor in Nassau County, he was not authorized to file for work permits with the NYC Department of Buildings and had another contractor file the application for the work on the façade, but not for building the wall.
The defendant allegedly did not acquire a DOB permit to build a stone wall at 444 Harman Street, which was required, nor did he have a licensed engineer or architect conduct a post-construction analysis of the wall’s stability as required. A row of stone pillars must have at least one pillar every 48 inches with a steel reinforcing bar anchoring that pillar to the base. All of the pillars must also be secured to the base with an engineer-grade adhesive. The horizontal plates must be secured to the pillars with engineer-grade adhesive.
A DOB engineer who responded to the collapse allegedly observed there were no steel reinforcing bars in any of the pillars. Furthermore, he determined that there was no engineer-grade adhesive securing any of the wall’s component parts. Therefore, he determined, the wall was highly unstable and held together mostly by its own weight and gravity, an egregious violation of multiple provisions of the Building Code. The engineer described the conditions as “imminently perilous to life.”
The case was investigated by New York City Department of Buildings Director of Forensic Engineering Unit, Marco Frias, PE and New York City Department of Investigation Chief Investigator James McElligott and Confidential Investigator Eliza Kopelman, under the supervision of Senior Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominic Zarrella and First Deputy Commissioner Daniel G. Cort.
An indictment is an accusatory instrument and not proof of a defendant’s guilt.
Money Launderer For $3.5 Million Vehicle Sale Scam Extradited From Lithuania
Second Defendant Connected to Scheme Recently Pled Guilty to Bank Fraud Offense
Damian Williams, the United States Attorney for the Southern District of New York, and Ricky Patel, Acting Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced today that STANISLAV TUNKEVIC, of Lithuania, was extradited to the United States on bank fraud and money laundering offenses arising from a scheme to launder money derived from an online vehicle sale scam that took in at least $3.5 million from defrauded consumers. VLADISLAV NECEAEV, of Brooklyn, New York, recently pled guilty to conspiracy to commit bank fraud in connection with the same scheme.
U.S. Attorney Damian Williams said: “This case is another reminder that while the Internet has often been a force for the public good, it has also been used by criminals to swindle the unwary. But online fraudsters who hide behind the anonymity of the Internet still need co-conspirators like Tunkevic and Neceaev, who are willing to launder the loot. This Office is committed to rooting out both the online scammers and their enablers.”
HSI Acting Special Agent-in-Charge Ricky Patel said: “As alleged, Tunkevic and Neceaev laundered money for a group of fraudsters that preyed on innocent victims who were simply looking to buy a used car online; an act so common that it allowed the group of crooks to pocket millions off this elaborate scheme from unsuspecting customers. With the use of Tunkevic and Neceaev’s money laundering services, their criminal partners used fictitious websites to lure victims to fraudulent dealerships, all to profit off the backs of hard-working people looking to make a legitimate purchase. HSI New York’s El Dorado Task Force coordinated efforts with HSI’s Attaché office in the Hague to assist with this extradition and will work tirelessly to identify and prosecute all co-conspirators that perpetuated this consumer fraud and money laundering scheme.”
As alleged in the Complaint and the Indictments,[1] and based on statements made in court:
From at least March 2019 through approximately March 2021, STANISLAV TUNKEVIC and VLADISLAV NECEAEV were members of a money laundering crew operating from Brooklyn that was coordinated by NECEAEV’s mother and co-defendant, Natalia Korzha. Members of that crew, including TUNKEVIC and NECEAEV, opened numerous bank accounts in the name of shell companies for the purpose of laundering money stolen from consumers who were trying to buy vehicles online, in exchange for a cut of the victims’ money. Other members of the conspiracy, pretending to represent car dealerships, advertised vehicles that they did not own and were not authorized to sell on fake websites with domain names that sounded like legitimate car dealerships, or through online marketplaces like Craigslist and eBay. Victims who responded to those advertisements and negotiated a purchase price were instructed by the purported sellers to wire payment to accounts that TUNKEVIC, NECEAEV, and other co-conspirators opened. Once the payments cleared, the account owners, including TUNKEVIC and NECEAEV, quickly withdrew the funds before the victims realized they had been defrauded. The victims never received the vehicles they thought they had bought or any refunds from the fake sellers. In total, dozens of victims were defrauded of a total of at least $3.5 million.
TUNKEVIC was presented today in Manhattan federal court before United States Magistrate Judge Sarah Cave.
NECEAEV pled guilty to one count of conspiracy to commit bank fraud on March 14, 2022, before Magistrate Judge Robert W. Lehrburger.
STANISLAV TUNKEVIC, 47, of Lithuania, was extradited to the United States on March 25, 2022. TUNKEVIC is charged with one count of conspiracy to commit bank fraud and one count of conspiracy to commit money laundering.
VLADISLAV NECEAEV, 28, of Brooklyn, New York, pled guilty to one count of conspiracy to commit bank fraud on March 14, 2022.
The offense of conspiracy to commit bank fraud carries a maximum sentence of 30 years in prison and a maximum fine of $1,000,000. The crime of conspiracy to commit money laundering carries a maximum sentence of 20 years in prison and a maximum fine of $500,000 or twice the value of the property involved in the transaction.
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. Williams praised the outstanding investigative work of Homeland Security Investigations. He also thanked the U.S. Department of Justice’s Office of International Affairs of the Department’s Criminal Division, the Prosecutor General’s Office of the Republic of Lithuania, and the Lithuanian Criminal Police Bureau for their assistance in this investigation.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the Indictments, and the description of the Complaint and Indictments set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the charged defendants.
Statement From Governor Kathy Hochul on President Biden’s Proposed fy2023 Budget
"President Biden's FY2023 proposed budget includes bold, strategic investments that will continue to fuel New York's economic comeback and lift up future generations of New Yorkers. His budget blueprint supports our middle class by lowering family energy costs and investing in quality child care; expands domestic manufacturing to create more good paying jobs; strengthens the nation's public health system and preparedness; and increases investments for transformative infrastructure projects, including $400 million for the Second Avenue Subway extension and $100 million to advance the firStatest phases of construction for the Gateway Hudson Tunnel.
"Thanks to the Biden-Harris Administration and ongoing commitment from the New York Congressional delegation, New York has rightfully received needed federal support through crucial pandemic relief as well as long-overdue infrastructure funding, helping these projects move forward in a meaningful way. As we rebuild from the pandemic, infrastructure projects that support transportation equity and economic development are more important than ever before which is why I have championed projects like the Second Avenue Subway extension and visited the shovel-worthy site myself. I am determined to keep working with our federal partners to take these projects across the finish line.
"I thank the Biden-Harris Administration for requesting additional funding for critical investments, and I urge Congress to advance the policies and priorities in the President's proposed budget so we can continue to build our way out of this pandemic and strengthen our economy through this once in a generation opportunity."
Statement from New York City Commissioners on Health Coverage for All
Commissioner Manuel Castro of the Mayor’s Office of Immigrant Affairs, Commissioner Ashwin Vasan, M.D., PhD from the Department of Health and Mental Hygiene, and Mitchell Katz, M.D., President and CEO of NYC Health + Hospitals today released the following statement in response to immigration-related changes to Essential Plan eligibility in the NYS Budget:
“We applaud the inclusion of changes to Essential Plan eligibility related to immigration status in the New York State Assembly and Senate budget bills.”
“Over the past two years, immigrant New Yorkers have put their health on the line as they worked as essential workers during the height of the pandemic. The changes to the Essential Plan eligibility will allow low-income New Yorkers, regardless of immigration status, to access the health insurance they need to improve their personal, physical, and mental wellbeing.”
“As City agencies tasked with promoting the health and wellbeing of all New Yorkers, including immigrants, we urge the Governor and the Legislature to include these changes in the final New York State budget and continue to lead the nation in recognizing healthcare as a human right.”
MAYOR ADAMS’ STATEMENT ON SIGNING OF FLORIDA’S “DON’T SAY GAY” BILL INTO LAW
New York City Mayor Eric Adams today released the following statement after Florida Governor Ron DeSantis signed the state Legislature’s “Don’t Say Gay” bill, which prohibits classroom sexual orientation and gender identity education in elementary schools:
“The extremist culture war targeting our LGBTQ+ community is hateful and harmful. Florida’s ‘Don’t Say Gay’ bill is the latest shameful measure.
“We’re the city of Stonewall. We fight for our LGBTQ+ neighbors, especially our children.
“To the families living in fear of this state-sponsored discrimination: You're welcome in New York City. Our arms and hearts are wide open, embracing every child of every identity. Always.”
The Inauguration of Vanesa L. Gibson as the 14th Bronx Borough President
While newly elected officials are sworn in to office shortly after the clock strikes midnight on New Years Eve, most have a public swearing in where family, friends, and other elected officials come to celebrate the occasion. Those other elected officials give speeches about the newly elected office holder, and some may give personal notes from working with the new elected official. Sunday March 27th was the Public Swearing in of new Bronx Borough President Vanessa L. Gibson. This however was a day where many other events were going on, including the last week to obtain signatures for state and federal offices for the June Primary.
This inauguration of Bronx BP Vanessa Gibson began with Mistress of Ceremonies Ayana Harry (of WPIX Television) introducing Bishop Rivera, Rabbi Potasnik, Iman Aziz Shuaib, and Bishop Peggy Smalls to each give the Invocation. Then the 52nd Precinct Explorers presented the colors, while the Celia Cruz School of Music sang the National Anthem. New Deputy Bronx Borough President Janet Mejia-Peguero then came out to say a few words about how anxious she is to work with her new boss Bronx BP Vanesa Gibson. New Bronx BP Gibson then came out showing her appreciation of being elected Bronx BP, and there was then a musical interlude by the Budari Dance Company.
The first speaker was Attorney General Letitia James, who started off praising the story of Vanesa Gibson who started off as an intern in then Assemblywoman Aurelia Greene's office. Rising to a staffer, and then replacing the Assemblywoman after she was elevated to Deputy Bronx Borough President. A few years later Assemblywoman Gibson became Councilwoman Gibson when Councilwoman Foster was term limited out. As she was being term-limited out of the council Vanesa Gibson ran for Bronx Borough President winning the five person race and the rest is history. Other high ranking elected officials such as U.S. Senator Kirsten Gillibrand, NYS Comptroller Tom DiNapoli, City Comptroller Brad Lander Congressmen Ritchie Torres and Adriano Espaillat, State Senator and Bronx Democrat Party Leader Jamaal Bailey. However the two speakers who stood out the most were Bronx District Attorney Darcel Clark who said just like herself Vanessa Gibson has joined the first club, being the first woman and Black woman to be Bronx Borough President. U.S. Senator Charles Schumer was the other speaker who stood out having arrived late due to traffic, Schumer just ripped up his speech and said congratulations to you Vanessa Gibson on becoming Bronx Borough President. When Assemblyman Jeffrey Dinowitz went up next he said how do you follow that thanking those who helped BP Gibson win, and her staff for the inauguration.
There was a musical performance by Milton Vann, and after Pastor Jay Gooding said a special prayer for new Bronx BP Gibson, she brought up her mother, big sister, and others from her extended family to join her as Judge Sallie Manzanet-Daniels swore new Bronx BP Gibson in. Then came one of the most powerful speeches this reporter has heard about what BP Gibson wants to do, will be doing, and has already done as Bronx BP. There was mention of the Kingsbridge Armory, a hallmark of her predecessor that never got to be what he wanted it to become, that must be returned to see what the community wants there. There was mention of goal after goal such as returning every public school to a community school with a guidance counselor, nurse, after school activities, and technology programs for all. BP Gibson ended her speech with the goal that the Bronx no longer be first in everything bad, and last in everything good.
The 52nd Precinct explorers presented the colors, while the Celia Cruz School of Music sang the National Anthem
There were very few seats to be found inside the Performing Arts Center at Lehman College for the Inauguration of Bronx Borough President Vanesa Gibson.
The Budari Dance Company performs.
New York Attorney General Letitia James was the first of many to speak at the inauguration of Vanessa Gibson as Bronx Borough President.
Congressman Ritchie Torres speaks.
State senator and Bronx Democratic Party Leader poses with Bronx Borough President Vanessa Gibson after speaking.
Vanessa L. Gibson is sworn in as the 14th Bronx Borough President by Judge Sallie Manzanet-Daniels, with her mom and extended family with her.
Bronx Borough President Vanessa L. Gibson gives one of the most powerful speeches of her goals, with her mentor former Assemblywoman and Deputy Bronx Borough President Aurelia Greene, and very good friend Venancio 'Benny' Catala Jr. both pictured in memory, who BP Gibson said are looking down at me.
After the Inauguration was over BP Gibson, dances with Deputy BP Janet Mejia-Peguero and Recording star Milton Vann.
Chief Financial Officer Of Connecticut Insurance Firm Sentenced In $33 Million Scheme To Steal Client Healthcare Funds And Defraud Multiple Lenders
Damian Williams, the United States Attorney for the Southern District of New York, announced today that ERIN VERESPY was sentenced to 66 months in prison for her participation in a widespread, $33 million scheme to misappropriate client healthcare funds and defraud multiple lenders through her role as the Chief Financial Officer of Employee Benefit Solutions LLC (“EBS”), an insurance firm located in Wilton, Connecticut. VERESPY previously pled guilty before U.S. District Judge Cathy Seibel, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “For nearly two years, Erin Verespy helped manage a sophisticated, widespread scheme to steal millions of dollars of client healthcare funds, including with false and inflated invoices. As part of that scheme, Verespy also defrauded lenders out of millions. In doing so, she abused a position of trust as a fiduciary of client money that was meant to pay for important healthcare expenses. Thanks to the coordinated and tireless efforts of our law enforcement partners to untangle this fraud, Verespy will now serve a significant sentence in federal prison.”
According to the Information, the Complaint, other court filings, and statements made during court proceedings:
From at least July 2017 and continuing through 2019, ERIN VERESPY served as the CFO of EBS, which offered a variety of healthcare insurance-related services to clients. EBS, among other things, provided third party healthcare claims administration (“TPA”) services to clients that elected to “self-fund” (or self-insure) their employee healthcare plans. As a TPA, EBS would purportedly administer, process, and pay healthcare claims for its clients’ employees in exchange for an administrative fee.
Between at least 2015 and continuing through 2019, EBS represented an automobile dealership chain (“Company-1”) headquartered in Westchester County, New York. During this time period, EBS served as a TPA for Company-1’s self-funded employee healthcare program and purported to process and pay claims to medical providers that treated Company-1’s employees. To do this, EBS generated bimonthly “check register” invoices for Company-1 that listed all employee healthcare expenses from healthcare providers during that two-week period. EBS also administered a bank account on Company-1’s behalf for the express purpose of paying Company-1 healthcare claims. Company-1 would fund each check register by paying the invoiced amount, expecting that EBS would promptly pay the claims to the healthcare providers. During this time period, Company-1 transferred approximately $26 million to EBS for the payment of healthcare claims.
In reality, a significant amount of purported checks listed on the EBS “check register” invoices were never actually deposited by the healthcare providers. Instead, approximately $17.87 million in Company-1 healthcare payments were misappropriated, with the overwhelming majority simply transferred by EBS into its own operating account, where they were used for non-healthcare expenses by the managers and owners of EBS. For example, a review of bank records indicates that Company-1 healthcare funds were used by VERESPY’s co-conspirators to pay their home mortgage expenses, as well as a personal credit card account with expenses relating to boating, luxury cars, and golf. VERESPY personally made over one million dollars from her participation in the fraudulent scheme.
EBS, through VERESPY and her co-conspirators, made decisions on what few Company-1 healthcare claims they did pay based on which healthcare providers were likely to complain if they did not receive payment, or if the claims were connected to Company-1 executives. VERESPY, for example, discussed the timing of payments for Company-1 “VIPs” as well as a “Not VIP” claim that was nonetheless the subject of complaining phone calls.
The “check registers” sent to Company-1 also contained millions of dollars in fraudulent or inflated healthcare claims that were eventually paid by Company-1. EBS routinely inflated the Company-1 check registers at the direction of VERESPY and her co-conspirators. Such efforts were typically accomplished through VERESPY and her co-conspirators instructing others to manually create fraudulent entries in the EBS claims processing software, including fake claims under the name of a business controlled by VERESPY’s co-conspirators. VERESPY and her co-conspirators also took steps to conceal their fraud from Company-1 by creating and sending manipulated and fabricated bank statements and checks to create the appearance that healthcare claims were being paid by EBS, when in reality they were not.
By mid-2017, as EBS buckled under mounting outstanding fiduciary obligations, VERESPY and her co-conspirators began an elaborate effort to conceal and perpetuate the ongoing fraud on Company-1 by applying for multiple fraudulent bank loans and merchant cash advances designed in part to pay various fiduciary obligations that EBS owed to Company-1. VERESPY and her co-conspirators fraudulently applied for and received millions of dollars in loans under the auspices of financing the purchase of upgraded billing software for EBS, which included VERESPY and her co-conspirators submitting fabricated invoices from a fake company that supposedly sold the billing software.
In addition to the prison term, ERIN VERESPY, 50, of Trumbull, Connecticut, was sentenced to 5 years of supervised release. The Court also ordered VERESPY to pay $16,053,508.19 in restitution and forfeit $1,066,038.02. On April 14, 2021, VERESPY pled guilty to one count of conspiracy to commit wire fraud and bank fraud, in violation of Title 18, United States Code, Section 1349.
Mr. Williams praised the outstanding investigative work of the U.S. Postal Inspection Service and the Special Agents of the United States Attorney’s Office. Mr. Williams also thanked the U.S. Department of Labor, Employee Benefits Security Administration; the U.S. Department of Labor, Office of Inspector General; and the United States Secret Service, which are assisting in the investigation, as well as the U.S. Attorney’s Office for the District of Connecticut.