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Friday, October 30, 2020
Bronx Man Charged In Connection With Arson Of An NYPD Vehicle In Manhattan
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, John B. DeVito, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Daniel A. Nigro, the Commissioner of the New York City Fire Department (“FDNY”), announced today the arrest of SHAWN JENKINS in connection with his attempted arson of police vehicles in the Bronx, New York. JENKINS was arrested on October 28, 2020, and will be presented in the Manhattan federal court later today before U.S. Magistrate Ona T. Wang.
Acting U.S. Attorney Audrey Strauss stated: “Shawn Jenkins allegedly threw a glass bottle containing a lit wick with gas accelerant at an NYPD vehicle in the Bronx. Jenkins’s alleged actions – causing an adjacent vehicle to be damaged – are as reckless as they are misguided. There is never an acceptable time or situation to attempt to damage the property of law enforcement professionals who serve to protect the public, and this case is emblematic of our resolve to bring anyone who does so to justice.”
ATF Special Agent-in-Charge John B. DeVito said: “As alleged, Jenkins brazenly and deliberately fire-bombed a marked NYPD vehicle without regard for human life or property. The New York Arson and Explosives Task Force will be relentless in bringing to justice those who use fire as a weapon in order to ensure a safer community for all New Yorkers.”
NYPD Commissioner Dermot Shea said: “Peaceful assembly and speech are protected and valued by the NYPD. But the kind of violence alleged in this case endangers lives and threatens everyone’s constitutional right to peacefully protest and we commend our federal partners for bringing justice for acts society can never tolerate.”
NYFD Commissioner Daniel A. Nigro said: “Arson is a dangerous, potentially deadly act that needlessly puts lives in danger and destroys property. Any act of arson will be vigorously investigated by our Fire Marshals and their partners in law enforcement. Thanks to the excellent teamwork by our Bureau of Fire Investigation, the NYPD and the ATF, a suspect has been arrested for this senseless crime.”
According to the allegations in the Complaint[1]:
On June 1, 2020, at approximately 11:30 p.m., JENKINS approached two NYPD vehicles located in front of the NYPD 42nd Precinct in the Bronx, New York. JENKINS threw a glass bottle containing a wick that was lit with a gas accelerant at the NYPD vehicles. The incendiary device hit the ground short of its intended target and spread a fire, damaging an adjoining vehicle, which is privately owned by an NYPD officer.
JENKINS, 33, of the Bronx, New York, is charged with one count of attempted arson, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the Strategic Explosive and Arson Response Task Force of the ATF, the NYPD, and the FDNY.
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 herein, constitute only allegations, and every fact described should be treated as an allegation.
19 Defendants Charged In Manhattan Federal Court For Multimillion-Dollar Fraud Scheme
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Kathy A. Michalko, Special Agent in Charge of the New York Field Office of the United States Secret Service (“Secret Service”), Phillip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), and New York Police Department Commissioner Dermot Shea, announced the unsealing today of a criminal Indictment and Complaint charging 19 defendants with conspiracy to steal government funds, conspiracy to commit bank fraud, and aggravated identity theft. Twelve defendants were arrested yesterday and today in the Southern and Western Districts of New York and Northern District of Georgia, and were to be presented yesterday and today in those districts’ federal courts. Seven defendants remain at large.
Acting U.S. Attorney Audrey Strauss said: “As alleged, these defendants engaged in schemes to steal millions of dollars by cashing fraudulent checks and stolen postal money orders, falsifying their identities, and taking advantage of multiple national financial institutions. They must be held accountable for their brazen conduct.”
USSS Special Agent-in-Charge Kathy A. Michalko said: “The success of this case is the result of the partnerships between the New York City Police Department, the U.S. Postal Inspection Service and the U.S. Secret Service. The ability to leverage our combined expertise to detect, identify, and disrupt organized groups is vital to protect the integrity of our financial system.”
USPIS Chief Postal Inspector Phillip R. Bartlett said: “The accused allegedly participated in an unsophisticated, low-tech crime, involving the deposit of stolen checks and postal money orders into bank accounts they controlled. They engaged in this criminal enterprise to allegedly rip-off the government and unsuspecting financial institutions across the country. Gangs like these are opportunists and use any means to lie and steal for profit. Although the alleged crimes occurred months ago, Postal Inspectors and their law enforcement partners have put an end to their thieving evil ways and their day of reckoning has finally arrived.”
NYPD Commissioner Dermot Shea said: “As the kind of crime alleged in this indictment moves into new frontiers of identity theft and financial fraud, the NYPD remains vigilant to stop it. I commend our federal partners and the United States Attorney’s Office for the Southern District of New York for leading us to justice in this case.”
According to the allegations contained in the Indictment and Complaint:[1]
From January 2019 up to an including the present, defendants AHMAD AKBAR, a/k/a “Meech,” TYRELL BEECHER, a/k/a “Shae,” CHRISTOPHER BOVAIN, a/k/a “Cleko,” WINNIS BRITO, a/k/a “Flaco,” DARNELL GREEN, a/k/a “Nellz,” DOMINIQUE GREEN, a/k/a “Domo,” MAURICE HARGROW, a/k/a “Moe Tally,” CHARLES HEWITT, a/k/a “Young Cee,” KEVIN LEWIS, a/k/a “Mula,” JAMA MOHAMOUD, a/k/a “JFK Jay,” JAVIAN MOORE, a/k/a “Julio,” JORDAN RUSSELL, a/k/a “J Rozay,” DEVON SMITH, GEORGE THOMPSON, LOUIS WILLIAMS, ISAIAH WISE FORDHAM, a/k/a “ZayBands,” and JAHNICO HARVEY conspired to defraud the United States by cashing postal money orders that had been stolen from post offices in Manhattan, the Bronx, Brooklyn, Queens, Long Island, New Jersey, and Arkansas. The postal money orders cashed by the members of the conspiracy originated from 18 post offices. In total, more than 15,000 postal money orders have been stolen from those 18 post offices. At a face value of up to $1,000 per postal money order, the theft results in a potential loss to the USPS of up to $15 million.
From at least in or around January 2018, up to and including the present, defendants TYRELL BEECHER, a/k/a “Shae,” CHRISTOPHER BOVAIN, a/k/a “Cleko,” WINNIS BRITO, a/k/a “Flaco,” DONTA DOUGLAS, DOMINIQUE GREEN, a/k/a “Domo,” MAURICE HARGROW, a/k/a “Moe Tally,” CHARLES HEWITT, a/k/a “Young Cee,” KEVIN LEWIS, a/k/a “Mula,” JAMA MOHAMOUD, a/k/a “JFK Jay,” JAVIAN MOORE, a/k/a “Julio,” JORDAN RUSSELL, a/k/a “J Rozay,” JONATHAN SHORTT, LOUIS WILLIAMS, ISAIAH WISE FORDHAM, a/k/a “ZayBands,” and JAHNICO HARVEY defrauded multiple national banks by recruiting collusive accountholders who allowed members of the conspiracy to deposit fraudulent checks into their bank accounts and by withdrawing money from the collusive bank accounts after banks made available funds associated with the fraudulent check deposits to the account, but before the banks discovered that the checks were fraudulent and would not clear.
All of the defendants charged in the bank fraud conspiracy, as well as AKBAR and SMITH, have also been charged with aggravated identity theft.
The charges contained in the indictment and complaint are merely an 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 Indictment and Complaint, and the description of the Indictment and Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Disbarred Attorney Pleads Guilty To Stealing 9/11 Victim Compensation Funds
Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced that GUSTAVO L. VILA, a disbarred lawyer in Westchester County, pled guilty today in White Plains federal court to stealing government funds. VILA’s plea results from his theft of approximately $1 million that the Department of Justice’s 9/11 Victim Compensation Fund (“VCF”) had awarded to the defendant’s client, a 9/11 first responder.
VILA was arrested on September 3, 2020, and pled guilty today before U.S. District Judge Vincent L. Briccetti.
Acting U.S. Attorney Audrey Strauss said: “As he admitted today, Gustavo Vila stole money awarded by the 9/11 Victim Compensation Fund to his client, an NYPD officer and 9/11 first responder, and falsely told the client for more than three years that the stolen money had yet to be released by the Fund. Now Gustavo Vila awaits sentencing for his crime.”
According to the Complaint, the Information, and other statements made in open court:
In the wake of the September 11 terrorist attacks, Congress created the VCF to provide compensation with federal government funds to any individual who suffered physical harm or was killed as a result of the terrorist attacks, or as a result of the debris removal efforts that took place in the immediate aftermath of those attacks. The original VCF operated from 2001 to 2004. President Obama and President Trump reactivated the VCF, authorizing it to operate through October 2016, and December 2020, respectively. Claimants seeking compensation from the VCF were authorized to work with an attorney and have the attorney, on the claimant’s behalf, submit a claim to, and receive the claimant’s award from, the VCF. An attorney’s fees were limited to 10% of a VCF award.
From at least in or about 2012 through at least in or about 2019, VILA represented a retired New York City Police Department officer (“Victim-1”) in connection with Victim-1’s claim for compensation from VCF. Victim-1 was diagnosed with, and suffered from, serious, life-threatening medical conditions, including cancer, as a result of rescue and recovery work he performed at Ground Zero. Throughout his representation of Victim-1, VILA held himself out as an attorney to Victim-1 and to VCF, despite the fact that in 2015, VILA was disbarred.
In or about May 2013, VILA submitted a claim to VCF on behalf of Victim-1. VILA also submitted forms to the VCF authorizing the VCF to deposit Victim-1’s compensation award directly into a bank account controlled by VILA’s law firm (the “Bank Account”). On or about September 13, 2016, the VCF authorized an award to Victim-1 of $1,030,622.04 for life-threatening illnesses that the client sustained from rescue and recovery work he performed as a police officer at Ground Zero.
On or about October 12, 2016, the VCF deposited the full amount of Victim-1’s award – over $1 million – into the Bank Account. At that point, VILA was required to distribute all of that money, less 10 percent for his purported attorney’s fees, to Victim-1. VILA, however, did not inform Victim-1 about this deposit, and kept 90 percent of the award – $927,559.84 – for himself. VILA used the money he stole for his own personal benefit, including to pay his own taxes. From in or about October 2016 to in or about February 2020, VILA falsely represented to Victim-1 that the VCF had not yet released the majority of Victim-1’s VCF award, when in fact, the entire award had been released for Victim-1’s benefit in October 2016.
VILA, 62, of Yorktown Heights, New York, pled guilty to one count of theft of government funds, which carries a maximum sentence of 10 years in prison. 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 would be determined by the judge.
VILA will be sentenced on February 5, 2021.
Ms. Strauss praised the outstanding investigative work of DOJ-OIG’s Fraud Detection Office.
Governor Cuomo Announces New Record High Number of COVID-19 Tests Reported - OCTOBER 29, 2020
168,353 Test Results Reported to New York State Yesterday
Positive Testing Rate in All Focus Zone Areas is 3.24 Percent; New York State Positivity Outside All Focus Zone Areas is 1.25 Percent
Statewide Positivity Rate is 1.48 Percent
19 COVID-19 Deaths in New York State Yesterday
Governor Andrew M. Cuomo today announced that 168,353 COVID-19 test results were reported to New York State yesterday—a new record high.
"COVID-19 has had untold impacts on New Yorkers' physical and mental health, and it's critical that everyone stays vigilant as we move into the winter and COVID fatigue sets in. New York continues to closely monitor the data and increase its testing capacity to new highs, one of which we've achieved today," Governor Cuomo said. "It's important to put our state in context—we're pushing ahead in the midst of increasing cases in the United States and around the globe. New Yorkers should wear masks, socially distance and wash their hands, and local governments should continue to practice careful enforcement. This night has been long, but we will see the sun on the horizon again if we stay New York Tough."
The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 3.24 percent, and outside the focus zone areas is 1.25 percent. Within the focus areas, 19,696 test results were reported yesterday, yielding 639 positives. In the remainder of the state, not counting these focus areas, 148,657 test results were reported, yielding 1,860 positives.
Today's data is summarized briefly below:
- Patient Hospitalization - 1,085 (+0)
- Patients Newly Admitted - 150
- Hospital Counties - 42
- Number ICU - 237 (+1)
- Number ICU with Intubation - 114 (-6)
- Total Discharges - 79,501 (+135)
- Deaths - 19
- Total Deaths - 25,792
Governor Cuomo Announces Start of NY State of Health 2021 Open Enrollment Period
Plan Options Now Available For Viewing
Amid a Global Pandemic, High-Quality Health Insurance More Important Than Ever
Nearly All Marketplace Enrollees Will See No Cost Increase in 2021
Thousands of Trained Enrollment Assistors Are Ready to Help
Governor Andrew M. Cuomo today announced that on November 1, NY State of Health - the state's official health plan Marketplace - will launch Open Enrollment for 2021 Qualified Health Plans.
"New York has done more than any state to expand access to healthcare and make high-quality insurance available to everyone," Governor Cuomo said. "And as we continue to fight COVID-19, making sure every New Yorker is insured and has access to quality healthcare has only become more critical. If you are not insured, make 2021 the year you change that, go online or call NY State of Health for assistance."
Access to health insurance is particularly important as New York continues to confront a global pandemic, and all New Yorkers who are currently enrolled in a Qualified Health Plan through NYSOH are encouraged to renew their coverage. Anyone without health insurance should also visit the website and take this opportunity to enroll. Open Enrollment will continue through January 31, 2021. Due to the ongoing COVID-19 public health emergency, consumers already enrolled in Medicaid, Child Health Plus, or the Essential Plan will have their coverage continued automatically and do not need to renew at this time.
NY State of Health, together with the State Department of Financial Services and New York State insurers, launched a Special Enrollment Period in February 2020 and recently extended it through the end of the year, to ensure that people do not avoid seeking COVID-19-related testing or medical care due to a lack of health insurance coverage.
Commissioner of the New York State Department of Health Dr. Howard Zucker said, "NY State of Health continues to serve as a safety net for consumers in need of coverage during the public health emergency and has seen enrollment levels increase to over 5.5 million people. As we look ahead to 2021, the plan choices are consistent with 2020 and we will continue to be available to help consumers enroll through both the Customer Service Center and enrollment assistors, who will be available by phone."
As part of the FY 2020 Enacted State Budget, New York State codified the critical consumer protections from the Affordable Care Act into state law, including the ban on preexisting condition exclusions, the prohibition on annual and lifetime dollar limits, the guarantee of quality essential health benefits, and the ability to keep children on their parents' plans through age 26.
NY State of Health expects to renew Qualified Health Plan coverage for nearly 200,000 households and enroll new consumers into coverage during the Open Enrollment Period. Current enrollees, including those who enrolled in a Qualified Health Plan through a Special Enrollment Period, have already begun to receive their 2021 renewal notices and may begin renewing coverage on November 16, 2020. Notices will include information about premiums, tax credits, and how to select a plan, if applicable. Consumers who are renewing coverage are advised to update their account with any changes to income, address, or family size before enrollment begins. Most QHP and EP consumers have a choice of at least four plans in their county again in 2021.
Consumers can plan ahead for Open Enrollment by browsing through their health plan options. Free enrollment assistance can be found in local communities across the State. Consumers can also use the NYS Provider & Health Plan Look-Up Tool to research provider networks and health plans. With this tool, consumers shopping for health insurance can search for their preferred health care providers, including doctors and hospitals, all in one place, to see which health plans have those providers in their network.
Enrollment in the Essential Plan, Medicaid and Child Health Plus is open all year. For additional information, visit the NY State of Health website at: nystateofhealth.ny.gov.
Consumers can enroll in a health plan by:
- Calling the Customer Service Center at 1-855-355-5777
- Logging onto the website at nystateofhealth.ny.gov
Speaking with an enrollment assistor. Find an assistor here.
BRONX MAN PLEADS GUILTY TO MANSLAUGHTER IN SHOOTING
Defendant Will Be Sentenced to 15 Years in Prison, To Run Concurrent With Five-Year Sentence for Gun Possession
Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to first-degree Manslaughter and will be sentenced to 15 years in prison. The sentence will run concurrently with a five-year sentence for gun possession in a separate case.
District Attorney Clark said, “The defendant shot more than a dozen bullets at a man during a dispute, killing him. He has been held accountable for this brazen shooting, and hopefully it sends the message that we will not tolerate gun violence ravaging our communities.”
District Attorney Clark said the defendant, Daniel Rice, aka “Capone,” 43, of 291 East 143rd Street, pleaded guilty today to first-degree Manslaughter before Bronx Supreme Court Justice James McCarty. He is due to be sentenced on January 13, 2021 to 15 years in prison and five years post-release supervision. The defendant waived his right to appeal. The sentence will run concurrently to a pending sentence of five years in prison and five years post-release supervision which he received for pleading guilty on October 7, 2020, to second-degree Criminal Possession of a Weapon.
According to the investigation, on October 23, 2016, at about 2 a.m., the defendant, who uses a wheelchair, fired multiple shots at Kevin Thomas, 28, during a dispute in the Mott Haven Houses, striking the victim 13 times. He fled the scene and was arrested on January 20, 2017, in a location in the Bronx. When detectives found him, he was in possession of a loaded Glock semiautomatic pistol unrelated to the fatal shooting
District Attorney Clark thanked retired NYPD Detective Oscar Rosa, and NYPD Detectives Sean Butler of Bronx Homicide and Joseph Parchen of the Violent Felony Squad for their assistance in the case.
MAYOR DE BLASIO LAUNCHES NEXT PHASE OF POLICING REINVENTION COLLABORATIVE
The City is beginning the next phase of intensive community engagement to develop a concrete set of additional, new reforms that will allow police to better serve residents, Mayor Bill de Blasio announced today. The ongoing dialogue between City officials, the New York City Police Department, justice advocates, and community stakeholders will result in a reform package to be passed in partnership with the City Council in early 2021.
“We have come so far to fundamentally reform policing in our city,” said Mayor Bill de Blasio. “Still, there is clearly more work to be done to strengthen bonds between officers and the communities they serve. Together, we will rebuild a fairer city that addresses injustice and disparity in a lasting and meaningful way.”
"The NYPD is taking this process extremely seriously and it is imperative that we hear from residents across New York City about what matters most to them," said Police Commissioner Dermot Shea. "We are committed to fair and transparent policing that serves all New Yorkers. By listening to feedback and incorporating recommendations into our practices and policies, we will continue to make New York City even safer."
The community engagement effort launching this week will be led by a team overseen by First Deputy Mayor Dean Fuleihan that includes leadership from the Mayor’s Community Affairs Unit, Office of Intergovernmental Affairs, Office of City Legislative Affairs, the Office to the Counsel of the Mayor, and the Mayor’s Office of Criminal Justice. The leadership team also includes senior officials from the NYPD, City Council, Jennifer Jones Austin of the Federation of Protestant Welfare Agencies, Wes Moore of Robin Hood, and Arva Rice of the New York Urban League.
The next round of engagement comes after several borough-based NYPD listening sessions. Recordings of each meeting are accessible at nyc.gov/NYPD/Reform.
The City encourages New Yorkers to participate in the NYPD listening session tonight, virtually, via Zoom: Thursday October 29th in Manhattan South at 7PM (RSVP here)
As part of this effort, the City will also engage directly with justice system stakeholders including key reform advocates, public defenders, DA's and others to compile ideas and recommendations that along with other insight gathered from critical stakeholders will be provided to the Mayor for the creation of the final City plan across the city.
The public engagement will generate recommendations that will serve as the foundation of the City’s plan for reform. They will also facilitate a necessary dialogue that gives voice to concerns about police interactions and provide a path of reconciliation between police and communities.
To best serve these goals, justice system stakeholder working groups will be topic specific. This will help ensure community voices better define the process for engagement and are able to identify their priority concerns. The result will be better-informed recommendations that define what safety means to the tapestry of people that are the heart and soul of our city.
Organizations interested in participating can email: PolicingCollab@cityhall.nyc.