Wednesday, August 31, 2022

Bronx Gang Member Admits To 2017 Murder

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that NYSHIEM SPENCER, a/k/a “Willy,” pled guilty today in Manhattan federal court before U.S. Magistrate Judge Jennifer Willis to charges relating to his involvement in a shooting on October 31, 2017, in the vicinity of the Soundview Houses in the Bronx, New York, which resulted in the murder of Luis Vargas, 16 years old, and injuries to two other individuals, including a 15-year old child.

U.S. Attorney Damian Williams said:  “On October 31, 2017, Nyshiem Spencer opened fire in the courtyard of the Soundview Houses and killed Luis Vargas, who was 16 years old.  Spencer also shot and injured two other people in the courtyard, including a 15-year old child.  Today’s guilty plea shows that we will vigorously investigate and hold accountable those who are responsible for shootings and acts of gang violence in our community.  I commend the extraordinary efforts of our law enforcement partners, who worked tirelessly to investigate Luis Vargas’s murder.”

According to the allegations in the Superseding Information and other filings and statements made in court:

NYSHIEM SPENCER was a member and associate of the Monroe Houses Crew, a racketeering enterprise which operates principally in the James Monroe Houses in the Soundview neighborhood of the Bronx.  In order to enrich the enterprise, preserve and protect the power of the enterprise, and enhance its criminal operations, Monroe Houses Crew members and associates committed, conspired, attempted, and threatened to commit acts of violence, including murder; distributed and possessed with intent to distribute narcotics; committed robberies; engaged in fraud; and obtained, possessed, and used firearms.

On October 31, 2017, SPENCER carried out a shooting targeting rival gang members in the courtyard of the Soundview Houses, which resulted in the murder of Luis Vargas, age 16.  Two other individuals, including a 15-year old child, were injured during the shooting.          

SPENCER, 21, of the Bronx, New York, pled guilty to one count of using and carrying a firearm during and in furtherance of a murder and assault with a dangerous weapon in aid of racketeering, which was brandished and discharged, which carries a maximum prison term of life and a mandatory minimum prison term of 10 years.  

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  

SPENCER is scheduled to be sentenced by Judge Analisa Torres on March 7, 2023.

Mr. Williams praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and New York City’s Department of Investigation.

DEC Finalizes Regulation to Expand, Improve Wild Turkey Hunting

 

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Changes Create a New Hunting Opportunity on Long Island and Modernize Hunting Regulations

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced changes to wild turkey hunting regulations that will provide hunters additional hunting opportunities. The finalized regulation establishes a spring turkey season in Suffolk County in 2023, with a season limit of one bearded bird, and makes #9 shot legal for hunting turkeys statewide during the fall and spring seasons.

 

“Wild turkeys are a conservation success story in New York and across the United States,” Commissioner Seggos said. “Thanks to DEC’s careful management and restoration programs and the work of our conservation partners since the 1960s, sizable populations of turkeys can now be found in every region of the state. This new regulation will increase opportunities for New York turkey hunters and supports ongoing effective management of this game bird.”

 

Since the 1990s, the turkey population on Long Island has grown to more than 3,000 birds. In 2009, modern turkey hunting on Long Island began with a five-day fall season and a one-bird bag limit. After DEC established this season and later a two-day, youth-only spring season, area turkey populations continued to increase. Current turkey populations support additional hunting opportunities in the form of a spring season from May 1 through 31, with a bag limit of one bearded bird. 

 

For most turkey hunters, the new spring 2023 season will be the first spring turkey hunting opportunity on Long Island. Spring turkey hunting on Long Island will begin in May 2023 in Suffolk CountyWildlife Management Unit 1C.


In addition, following a public comment period earlier this year, DEC is modernizing statewide turkey hunting regulations by changing the minimum shot size from #8 to #9 for turkey hunting statewide. The change was necessitated by advances in shotshell technology. Previously, shot sizes smaller than #8 (larger number indicates smaller size) were prohibited because they lacked the kinetic energy downrange to humanely harvest a turkey. Modern shotshells use heavier metals such as tungsten alloy, tungsten-iron, or bismuth, maintain enough energy to humanely harvest a turkey, and perform as well or better than many traditional turkey loads. Changes to shot size restrictions apply to both fall and spring seasons and go into effect on Sept. 1, 2022. 

  

For more information about turkey hunting, visit https://www.dec.ny.gov/outdoor/8366.html


Governor Hochul Announces New York State Landmarks to be Lit Purple and Silver in Recognition of International Overdose Awareness Day

 Governor Kathy Hochul New York State Seal

Lighting Honors Those Lost to Overdose, Overdose Survivors and Providers Who Assist People Struggling with Addiction

 Governor Kathy Hochul today announced that 14 landmarks and bridges across New York will be illuminated in purple and silver today in recognition of International Overdose Awareness Day. The event, recognized around the world, focuses on ending overdose and stigma, remembering those who have died, and acknowledging the grief of family and friends left behind.

"Like far too many New Yorkers, I have dealt with the devastating impact of addiction and substance use, having lost a family member to an overdose," Governor Hochul said. "As we illuminate our state landmarks in honor of International Overdose Awareness Day, I urge all New Yorkers to join us in honoring overdose survivors, remembering those who lost their struggle with addiction, and celebrating health care providers who support people battling addiction."

New York State Health Commissioner Dr. Mary T. Bassett said, "On International Overdose Awareness Day, we reflect on the lives lost to substance use disorder, comfort those who grieve, and honor the compassionate providers who care for those suffering from addiction. New York continues to face a serious public health crisis as we see more overdoses from fentanyl, heroin and other opioids. Earlier this month, I issued a standing order allowing pharmacies across the state to dispense life-saving Naloxone without a prescription."

Naloxone, a life-saving medication that can be easily administered, can reverse an opioid overdose and is responsible for preventing thousands of overdose deaths. The medication blocks the effects of opioids and allows a stricken individual to regain consciousness and resume breathing. Dr. Bassett's pharmacy standing order makes it easier for families and the community to obtain Naloxone, leading to more opportunities for persons struggling with substance use to receive services and support.

New York State Office of Addiction Services and Support Commissioner Chinazo Cunningham said, "This day is a reminder of the toll that addiction can take on the lives of individuals, families, and communities. As we observe International Overdose Awareness Day it is important to recognize those who have been affected and to offer our support. It is also a time to renew our strong commitment to working together to stop overdose deaths across New York State. As part of this effort, OASAS is continuing our efforts to bring life-saving services to all areas of the state, so that anyone who has been impacted by this disease is able to find the help and support that they need."

These 14 landmarks and bridges will be illuminated in purple and silver:

  • One World Trade Center
  • Governor Mario M. Cuomo Bridge
  • Kosciuszko Bridge
  • The H. Carl McCall SUNY Building
  • State Education Building
  • Alfred E. Smith State Office Building
  • Empire State Plaza
  • State Fairgrounds - Main Gate & Expo Center
  • Niagara Falls
  • The "Franklin D. Roosevelt" Mid-Hudson Bridge
  • Grand Central Terminal - Pershing Square Viaduct
  • Albany International Airport Gateway
  • MTA Long Island Rail Road - East End Gateway at Penn Station
  • Fairport Lift Bridge over the Erie Canal

On September 14 and 15, 2022, join New York State's second annual statewide Overdose Awareness Days co-sponsored by the State's Department of Health and Office of Addiction Services and Supports. You can learn more here about the event.

Commissioner Seggos and Feeding New York State Announce One-Million-Pound Milestone in Ongoing Food Waste and Donation Initiative

 

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Major Milestone in Food Donation Helps Families in Need 

New Assistance Program Unveiled to Further Increase Food Scraps Recycling and Divert Food Scraps from Landfills


 The New York State Department of Environmental Conservation (DEC) and Feeding New York State, the state association of New York’s 10 Feeding America member food banks, today announced that a total of one million pounds of food was donated to hungry New Yorkers as part of the ongoing implementation of the State’s Food Donation and Food Scraps Recycling Law. This significant milestone is one of several benefits of the law as DEC builds on efforts to reduce waste and climate-altering emissions caused by landfilling, while providing quality food to New Yorkers in need.

“DEC’s food waste recycling efforts are making a difference both in the lives of those in need and in the ongoing fight against climate change,” DEC Commissioner Basil Seggos said. “Governor Kathy Hochul’s ongoing support of this and other initiatives to help ensure families have access to quality food complements DEC’s work to reduce greenhouse gases from landfilled waste and achieve the State’s ambitious climate goals. I congratulate Feeding New York State, our food scrap providers, and all our partners for helping meet our goals and strengthen communities.”

Feeding New York State Executive Director Dan Egan said, "We in New York live with a paradox of food supply. New York's farms and processors create enough high-quality food to feed everyone, and our food is so abundant that we throw out 40 percent of all of it. At the same time, three million New Yorkers live in fear of hunger. Our hungry neighbors live in every part of the state. Hunger in the midst of plenty is unjust. It is economically unsound. It is environmentally absurd. Thankfully, Feeding New York State, in partnership with DEC and Feeding America, is rescuing this perfectly good, wasted food and getting it to the people who need it. In the first seven months of the Food Donations and Food Scraps Law, Feeding New York State food banks have rescued one million pounds of perfectly good food, keeping it out of landfills and providing it to our neighbors. In New York, no one should go hungry."  

The New York State Food Donation and Food Scraps Recycling Law continues to see more food managed sustainably and diverted away from disposal from the state’s largest food-related businesses. As outlined in the draft Scoping Plan for the State’s climate law, the Climate Leadership and Community Protection Act (CLCPA), the release of methane from the breakdown of organic waste in landfills is the largest contributor to greenhouse gas emission in the waste sector. Actions to reduce landfilling of these organics are critical to achieving New York’s climate goals.

Feeding New York State received funding from DEC through the Environmental Protection Fund (EPF) to embark on a mission to dramatically increase food donation from large food businesses beginning in October 2021. In under a year since this work started and barely eight months since the law took effect, Feeding New York State surpassed one million new pounds of food donated due to their efforts and ongoing compliance with the law. 

DEC today also announced a new agreement with the Center for EcoTechnology (CET) to provide additional technical assistance to businesses interested in sustainably managing excess food and food scraps to further reduce the amount of wasted food. Nearly $1 million will help fund a three-year effort to help businesses, municipalities, and composting and other organics recycling facilities increase the amount of food scraps that are recycled.

CET will help develop methods to reduce the amount of food wasted, create solutions to realize potential monetary savings to their purchasing costs, and implement food scraps collection and recycling programs. CET will also assist composting and anaerobic digestion facilities with improving operations and potentially expanding to incorporate more food scraps. Additionally, CET will assist in the development of expanded markets for the resultant compost or digestate.

CET President Ashley Muspratt said, “We’re so thrilled to see New York’s bold and multi-pronged commitment to wasted food reduction and it’s an honor for CET to be an implementing partner. We’re excited to share our decades of practical experience helping to bolster wasted food diversion marketplaces through direct assistance to wasted food generators, food rescue organizations, and organics processors operating in the state.”

The CET assistance and Feeding New York State support both come from the EPF. Among the many environmental victories in the enacted 2022-23 State Budget, Governor Kathy Hochul and legislative leaders increased the EPF to $400 million, the highest-ever level of funding in the program's history. This boost includes an increase of $500,000 for organics recycling that is part of a total increase of $3.7 million for municipal recycling over last year's budget. The EPF supports climate change mitigation and adaptation efforts, improves agricultural resources to promote sustainable agriculture, protects water sources, advances conservation efforts, and provides recreational opportunities for New Yorkers.

More information on the Feeding New York State milestone can be found at https://feedingnys.org.

More information on the CET technical assistance program and other DEC efforts to increase food donation and food scraps recycling can be found at https://www.centerforecotechnology.org/nywasteassistance/

U.S. Citizen Extradited from Costa Rica Pleads Guilty to Wire Fraud Charges

 

Defendant Used Manipulative Computer Software to Defraud Binary Options Investors of More than $2.9 Million

 Earlier today, in federal court in Central Islip, David Butler, a United States citizen, pleaded guilty to wire fraud conspiracy in connection with a scheme to defraud investors in a form of investment known as “binary options.”  Butler was arrested in April 2022 in Costa Rica and extradited to the United States on July 14, 2022.  The guilty plea was held before United States District Judge Joanna Seybert.  When sentenced, Butler faces up to 20 years in prison.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Thomas M. Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI), announced the guilty plea.

“Butler’s guilty plea demonstrates that even when crimes are committed from thousands of miles beyond our country’s borders using the latest computer software, neither the foreign nature nor the sophistication of the scheme will shield fraudsters from being brought to justice in a U.S. courtroom,” stated United States Attorney Peace.  “This Office is committed to protecting the investing public from financial scams wherever they occur.”  

Mr. Peace thanked the Costa Rican government for its assistance with the arrest and extradition of the defendant.

“David Butler and his accomplices employed a complex, multi-million dollar con to deceive investors by using a manipulated ‘binary option’ system.  While investors waited for a surefire return on their investment, Butler pocketed the money to guarantee his own future—until he was caught.  Butler now understands that his only genuine guarantee is that he will now face the consequences of his criminal schemes,” said Thomas M. Fattorusso, Special Agent in Charge of IRS:CI in New York.

"As he admitted today, Mr. Butler defrauded his victims for his own personal gain.  This case should serve as a reminder to all those who attempt to game our financial systems from afar that the FBI, along with our global law enforcement partners, will bring you back to the United States to face justice in our federal courts," stated Assistant Director-in-Charge Driscoll.

As set forth in court filings, between approximately January 2011 and October 2016, Butler and his co-conspirators operated binary options companies, including SpotFN, Binary FN and Janus Options (Binary Options Companies) from Glen Cove, New York, Costa Rica and Kosovo.  The Binary Options Companies promised to pay investors, who were located throughout the United States, a predetermined profit based upon particular outcomes in the markets for securities, currencies and other investments.  For example, the Binary Options Companies would offer to pay customers a predetermined profit if a particular security or currency was valued at a particular price on a particular day at a particular time. 

To induce investments, Butler and his co-conspirators told investors, in telephone calls and emails, that the predetermined profits that the Binary Options Companies had promised them would be based upon the actual prices of securities, currencies and other investments at particular points in time.  Unbeknownst to the investors, however, Butler and his co-conspirators used computer software that allowed the Binary Options Companies to manipulate data associated with the investors’ binary options so that the probability of investors earning a profit would favor the Binary Options Companies.  At no time did Butler or any other employee of the Binary Options Companies inform the investors that the binary options that they had purchased from the Binary Options Companies could be manipulated to the investors’ disadvantage.  As a result of their deception, Butler and his co-conspirators stole more than $2.9 million from investors. 

In July 2022, Mr. Peace was selected as the Chairperson of the White Collar Fraud subcommittee for the Attorney General’s Advisory Committee (AGAC).  As the leader of the subcommittee, Mr. Peace will play a key role in making recommendations to the AGAC to facilitate the prevention, investigation and prosecution of various financially motivated, non-violent crimes including wire fraud, such as the fraud that the defendant committed.

Northwest Bronx Democrats announces support for 80th AD candidate Phyllis Nastasio

 

Founder, Anthony Rivieccio, who’s club resides in the 78 th & 80 th Assembly districts, believes

that the 80 th Assembly district, currently not representated by a Assemblyperson, needs one

immediately and one with passion. 



Phyllis 'TIZ' Nastasio with Anthony Rivieccio Founder Northwest Bronx Democrats.


“ Phyllis or Tiz, as she likes to be known, is a well known community woman, especially on her

East side of The District. She regularly attends community organizational meetings and a current

member of CB 11. As people that know her she has a heart of gold that’s filled with community

love. She believes, like I do, as Rev Ruben Diaz Sr who recently endorsed her also believes, that

now she’s wants to bring that love to the next level, Government. She has announced herself as a

“ Quality of Life” candidate and as I am sure, on both sides of the district, we care about simple

but important issues like Sanitation, Safety &; Education”.


The 80 th Assembly District will soon have a vacancy due to the election of Nathalia Fernandez

for 34tth State Senate. The Bronx Democratic Party will soon pick her “ successor, who will now

be a candidate. The NWBx Dems believe Bronx County can not find a better successor than Tiz.


“ Tiz has lived in the 80 th AD for 31 years and is a Bronxite for 57 years. There are indeed a few

great community people in our district, but Tiz has decided to step up, and we support her” , says

Norwood Captain Jason Johnson.


Receiving the endorsement of the NWB Dems means a lot to me. It shows that we should

not and will not be separated by a party, but we will come together on our ideals. Common

sense does not have a party. &, Says Candidate Tiz Nastasio


President Sheila Sanchez, also known as Milenia Marias on social media , believes the district

needs a quality of life candidate; “ I wish Nathalia luck as State Senator . Now she needs an

Assembly partner. We need a quality of life community person. With Tiz-, the bar is set high”.


The 80 th Ad represents the neighborhoods of: Norwood, Mosholuu, Bronx Park East, Pelham

Parkway, Allerton, Pelham Gardens, Van Best, Morris Park, Little Yemen &; Indian Village.


EDITOR'S NOTE:

Currently the 80th A.D. is represented by Assemblywoman Nathalia Fernandez who won the August 23rd Democratic Primary for the new 34th State Senate District. She is also the winner of the June 23rd 80th A.D. Democratic Primary by default, and will decide which seat she wants to run for in the November General Election. The seat not chosen will be filled by the County committee which will meet and vote on who will become the Democratic candidate if there is to be one.

NYGOP Chairman Langworthy Calls on Hochul to Return Illegal Campaign Contributions

 


Kickback Kathy at it Again, Breaking Longtime Law by Raising $400,000 From Appointees 


“New Yorkers Have Suffered Greatly Under Her Executive Orders While She Brazenly Disregards Them”


Kathy Hochul must immediately return $400,000 in illegal campaign contributions she raised from individuals who hold positions appointed by the governor of the state, today charged New York Republican Chairman Nick Langworthy. Hochul raised the money in violation of a longstanding Executive Order that she reissued upon becoming governor last year. The EO was put in place to avoid conflicts of interest from people who personally financially benefit from the governor’s power to appoint them. 


This is just the latest example of Hochul abusing her power as governor to raise money from people who have financial interests before the state. Chairman Langworthy has dubbed Hochul Kickback Kathy for giving away billions of dollars in lucrative state contracts in exchange for hundreds of thousands of dollars in campaign contributions. 


“This money was raised illegally and it needs to be immediately returned,” said NYGOP Chairman Nick Langworthy. “She has raised more than $35 million dollars in the most grotesque, corrupt way possible. She’s flaunting it in everyone’s faces that she is above the law.” 


He continued, “If you thought corruption was bad under Andrew Cuomo, Kickback Kathy has taken selling government to a whole new level. While the Cuomo-Hochul regime has used Gestapo-like tactics to enforce their tyrannical dictates on struggling New Yorkers, Hochul brazenly disregards her own law and sells our tax dollars for money and power. She doesn’t respect New Yorkers and it’s time for the people of this state to rise up and send her a message that they aren’t going to take it anymore.” 


Justice Department Will Return Approximately $686,000 in Forfeited Corruption Proceeds to the Republic of Peru

 

 The U.S. Department of Justice is sharing with the Republic of Peru approximately $686,000 in forfeited criminal proceeds linked to the corruption and bribery of former Peruvian President Alejandro Celestino Toledo Manrique (Toledo) by Odebrecht S.A. (Odebrecht), a Brazil-based global construction conglomerate.

Breon Peace, United States Attorney for the Eastern District of New York, and Kenneth A. Polite Jr., Assistant Attorney General of the Justice Department’s Criminal Division, made the announcement.

“Civil forfeiture serves a critical role in depriving criminals of their ill-gotten gains, regardless of their status, and despite their efforts to conceal the proceeds of their offenses committed abroad,” stated United States Attorney Peace.  “This Office and the department will continue to work with their law enforcement partners around the world to recover and return illicit payments that corrupt overseas officials attempt to hide in the United States.”

“This case is an important example of the international cooperation necessary to address corruption abroad where illicit proceeds are brought to the United States,” stated Assistant Attorney General Polite.  “The department is committed to doing its part to recover and repatriate such corruption proceeds where appropriate.”    

In a civil forfeiture action filed in the U.S. District Court for the Eastern District of New York, United States v. $639,583.07, More Or Less, Formerly On Deposit In Bank Of America Account Number XXXXXXXX1655, With A Beneficiary Identified As The Havenell Trust, And All Funds Traceable Thereto, No. CV 19-5652, the United States alleged that Toledo, while holding public office as President of Peru, solicited millions in bribe payments from Odebrecht in connection with government contracts awarded for construction of the Peru-Brazil Southern Interoceanic Highway (“Southern Interoceanic Highway”), a Peruvian government infrastructure project.  Odebrecht subsequently made bribery payments to Toledo through accounts maintained by Toledo’s co-conspirators. Ultimately, approximately $1.2 million of the bribery payments were used by Toledo and his family to purchase real estate in Maryland in 2007 through a scheme designed to hide Toledo’s ownership of the funds and their connection to Odebrecht.  The forfeited assets represent the proceeds from the sale of the Maryland real estate, which were further laundered through a trust and bank account controlled by Toledo. 

The Federal Bureau of Investigation’s tireless work in this case led to the assets forfeited in the United States being returned to the Republic of Peru.  Assistant U.S. Attorney Laura D. Mantell of the U.S. Attorney’s Office for the Eastern District of New York and Trial Attorney Barbara Levy of the Criminal Division’s Money Laundering and Asset Recovery Section handled the civil forfeiture cases.  The Justice Department’s Office of International Affairs also provided assistance with the cases.

In support of the U.S. forfeiture actions, the Peruvian government provided extensive and wide-ranging assistance.  Most notably, the documentary evidence provided by the Peruvian government included evidence necessary to seize assets located in the United States and substantially contributed to the timely success of the U.S. forfeiture actions.