California Man Pleads Guilty To Making Threats Directed Against A Journalist Relating To The Outcome Of The 2020 Presidential Election

  

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that ROBERT LEMKE pled guilty to making threatening interstate communications to a New York City-based family member of a journalist (the “Journalist”), citing the Journalist’s statements about the outcome of the 2020 U.S. presidential election. LEMKE pled guilty today before U.S. District Judge Alvin K. Hellerstein.

U.S. Attorney Damian Williams stated: “Robert Lemke was frustrated with the result of the 2020 Presidential Election. Rather than attempting to effect change through legal discourse or any of the other freedoms of expression that all Americans enjoy, he instead sent threatening messages to the family member of a journalist. Inevitably, elections result in frustrations for some – that is part of the political process – but trying to instill fear in others by threat will not be tolerated by law enforcement.”

According to the allegations in the Complaint, Superseding Indictment, and other documents in the public record, as well as statements made in public court proceedings:

From November 2020 through early January 2021, the defendant sent threatening electronic and audio messages to approximately 50 victims, including journalists and politicians, targeting those individuals as a result of their statements expressing that then-President Trump had lost the 2020 presidential election. On January 6, 2021, the same day that individuals purporting to protest the 2020 presidential election gathered in Washington, D.C. and stormed the Capitol Building, LEMKE sent a series of these threatening text messages to journalists, members of Congress, other politicians, and their families.

As the attack on the Capitol Building was ongoing, LEMKE sent threatening text messages to a relative of the Journalist, stating: “[The Journalist’s] words are putting you and your family at risk. We are nearby, armed and ready. Thousands of us are active/retired law enforcement, military, etc. That’s how we do it.”

At approximately the same time that LEMKE was sending threats directed at the Journalist, LEMKE also sent threats to the brother of a New York City-based U.S. Congressman (the “Congressman”), citing the Congressman’s statements about the result of the 2020 presidential election. LEMKE’s text messages, which included a picture of a home in the same neighborhood as the home of the Congressman’s brother, stated:

Your brother is putting your entire family at risk with his lies and other words. We are armed and nearby your house. You had better have a word with him. We are not far from his either. Already spoke to [the Congressman’s son] and know where his kids are.

. . . your words have consequences. Stop telling lies; Biden did not win, he will not be president. We are not[] white supremacists. Most of us are active/retired law enforcement or military. You are putting your family at risk. We have armed members near your home . . . . . Don’t risk their safety with your words and lies.

LEMKE acquired and used at least three different phone numbers and various electronic accounts to mask his identity when sending threats to his victims. LEMKE was not in fact affiliated with law enforcement or the U.S. military as he claimed in some of his threats. On or about November 7, 2020, LEMKE posted to Facebook: “Folks. Be ready for war. Trump has refused to cede. Evidence shows fraud occurred and the Supreme Court cases will be successful. We blockchained and watermarked ballots in 16 states. Trump will prevail.[] Spread this message. . . . FAITH my fellow Republicans. Do not give up.”

ROBERT LEMKE, 36, of Bay Point, California, pled guilty to one count of making threatening interstate communications, which carries a maximum sentence of five years in prison. LEMKE is scheduled to be sentenced by Judge Hellerstein on December 14, 2021.

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.

Mr. Williams praised the outstanding investigative work of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the Federal Bureau of Investigation (“FBI”), the New York City Police Department, and over 50 other federal, state, and local agencies. Mr. Williams also thanked the U.S. Attorney’s Office for the Northern District of California and the FBI’s San Francisco Field Office for their assistance.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - OCTOBER 15, 2021

 

66,510 Vaccine Doses Administered Over Last 24 Hours

30 COVID-19 Deaths Statewide Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"COVID-19 is still a threat to many New Yorkers who haven't been vaccinated yet, and even through we've made progress on getting shots in arms, the vaccination rate needs to continue going up," Governor Hochul said. "We're operating convenient vaccination sites across the state, getting the word out to the 12 to 16 age group and offering exciting incentives to get the shot, but the buck stops with New Yorkers. Each and every eligible New Yorker should get vaccinated right away to protect their friends, families and communities."

 

Today's data is summarized briefly below:

• Test Results Reported - 236,861
• Total Positive - 5,693
• Percent Positive - 2.40%
• 7-Day Average Percent Positive - 2.50%
• Patient Hospitalization - 2,112 (+7)
• Patients Newly Admitted - 289
• Patients in ICU - 458 (-2)
• Patients in ICU with Intubation - 255 (+5)
• Total Discharges - 204,619 (+254)
• New deaths reported by healthcare facilities through HERDS - 30
• Total deaths reported by healthcare facilities through HERDS - 45,045

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

• Total deaths reported to and compiled by the CDC - 57,288

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

• Total vaccine doses administered - 26,157,135
• Total vaccine doses administered over past 24 hours - 66,510
• Total vaccine doses administered over past 7 days - 379,842
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 83.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 75.1%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 85.4%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 76.6%
• Percent of all New Yorkers with at least one vaccine dose - 70.3%
• Percent of all New Yorkers with completed vaccine series - 63.5%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 72.4%
• Percent of all New Yorkers with completed vaccine series (CDC) - 64.8%

Attorney General James Sues Cemetery Companies That Cheated New Yorkers

 

Polanco Monuments and Heavenly Monuments Charged Grieving Families for Burial Monuments That Were Never Provided and Illegally Advertised and Solicited Services

  New York Attorney General Letitia James today announced that she has filed a lawsuit against two cemetery monument companies for failing to provide grieving families with the tombstones and other burial monuments they purchased. The lawsuit — filed against Polanco Monuments and Heavenly Monuments — charges that the companies and their owners engaged in a deceptive and fraudulent scheme in which they induced vulnerable New Yorkers, coping with the death of loved ones, to pay upfront fees for monuments and tombstones, but never provided the monuments. The companies refused to issue refunds, failed to provide contracts in accordance with the law, falsely advertised their services, and conducted unsolicited offers to potential customers through mail and through home visits.

The Office of the Attorney General’s (OAG) investigation found that these companies cheated 26 individuals from the Bronx and Nassau County out of more than $50,000 in total and repeatedly refused requests for refunds for services that were paid for, but never rendered. The lawsuit seeks restitution for the consumers who were cheated by these companies, and for other consumers who were subject to the companies’ illegal, unsolicited offers through mail or home visits. 

“During the darkest time in their lives, families shouldn’t have to deal with the additional burden of being preyed upon and cheated by companies that are supposed to help them,” said Attorney General James. “Polanco and Heavenly Monuments shamelessly stole thousands from grieving New Yorkers who were simply trying give family members and loved ones the respect they deserve. On my watch, we will never allow deceptive practices of any kind and we will not hesitate to hold bad actors accountable to the fullest of the law.”

The lawsuit, filed in Bronx County Supreme Court, alleges that owners Ramon Polanco and Juan Polanco engaged in a scheme, in which they sold burial monuments that were never provided and illegally advertised and solicited business. Polanco and Heavenly Monuments distributed brochures and flyers at funeral homes, interacted directly with consumers during unsolicited house visits, and on their website and other online platforms such as Yelp. In fact, the owners employed these tactics to lure consumers into paying upfront fees for cemetery monuments that they never intended on providing. When consumers followed up to inquire about the status of their purchase, they were repeatedly stalled with excuses and often, their calls went unanswered. Many of their contracts failed to include terms required under state law. When consumers showed up in person to inquire about their purchase status, they learned that the businesses had abruptly closed without any prior notice.

Attorney General James seeks to enjoin Polanco and Heavenly Monuments from engaging in further deceptive and fraudulent behavior, and to compel the two companies to pay restitution to the 26 individuals who were cheated out of a total of more than $50,000. The OAG is also requesting a financial accounting of each consumer’s transactions to determine whether any other individuals were similarly injured. 

The OAG investigation was conducted by Investigators Michael Christian and Heather Harmer, under the supervision of Supervising Investigator Paul Matthews. The Investigations Bureau is led by Chief Investigator Oliver Pu-Folkes. This matter is being handled by Assistant Attorney General in Charge of the Harlem Regional Office Roberto Lebron and Assistant Attorney General Kurtis Falcone. The Harlem Regional Office is a part of the Division for Regional Affairs, which is led by Deputy Attorney General for Regional Affairs Jill Faber and overseen by First Deputy Attorney General Jennifer Levy.

NEW YORK CITY ANNOUNCES THE ABCs OF HEALTHY RELATIONSHIPS

 

Interactive Web-based Resources for Building Healthy Relationship Skills in Elementary School-Aged Children

 The Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) in partnership with the Department of Education (DOE), leading youth dating violence prevention organization Day One, the Mayor’s Fund to Advance New York City, and the Jerome Chazen Fund to Address Domestic Violence are excited to announce the launch of “The ABCs of Healthy Relationships.” The ABCs of Healthy Relationships is an interactive web-based toolkit to help elementary school students develop healthy relationships with their friends and classmates as building blocks for healthier partner relationships as they grow older, as well as toolkits for their educators, and their caregivers. Using vibrant and relatable illustrations, the toolkits support the development of healthy relationship foundations such as respect, consent, boundaries, body autonomy, safety, and trust. 

The ABCs of Healthy Relationships student toolkits and parent, caregiver and educator guides are free and are available to all young people and adults in NYC through the ENDGBV website, and DOE Parent University. To celebrate the launch of this exciting resource, ENDGBV and DOE will host a virtual program for parents and caregivers on October 19. “Helping Our Kids Build Healthy Relationships” will be livestreamed on Parent University and will provide an opportunity for parents and caregivers to walk through the toolkits and engage with early childhood experts on effective ways to talk with children about healthy relationships. 

 

"Teaching children how to set boundaries and recognize controlling and abusive behavior, helps them learn how to develop healthy relationships,” said First Lady Chirlane McCray. “This new toolkit expands on our commitment to break the cycle of domestic violence and prevent trauma.”

 

“No child is too young to talk to about healthy relationships,” said New York City Deputy Mayor Melanie Hartzog. “We are committed to providing young people the tools they need to build the relationships they want, which means addressing dating violence, and all forms of gender-based violence.”

 

“The ABCs of Healthy Relationships will strategically build upon current City efforts to prevent domestic and gender-based violence including ENDGBV’s Healthy Relationship Training Academy; the Human Resource Administration’s Relationship Abuse Prevention Program (RAPP); and the Early RAPP program championed by First Lady of New York City Chirlane McCray which has brought community educators into more than 100 middle schools throughout the city,” said Cecile Noel, Commissioner, NYC Mayor’s Office to End Domestic and Gender-Based Violence. “This program will engage children at an early age and provide them crucial tools to help build healthy relationships with self and community.”

 

The 2017 New York City Risk Behavior Survey found that 3,000 New York City public school students aged 14 and younger who were dating had been physically harmed by a dating partner in 2017. In addition, 6,000 students also aged 14 and younger reported that they had been forced to do sexual things they did not want to do, such as kissing, touching, or being physically forced to have sexual intercourse by someone they were dating. Understanding the need to address healthy relationships in earlier grades as detailed in the New York City Department of Education K-5 Health Education Scope and Sequence includes learning about healthy relationships at a young age.

 

With support from the Jerome Chazen Fund to Address Domestic Violence through the Mayor’s Fund to Advance New York City, the City has contracted with Day One to create The ABCs of Healthy Relationships.

 

“As educators it is our duty to equip our young people with the knowledge to build healthy relationships, recognize boundaries, and advocate for themselves as they mature,” said Schools Chancellor Meisha Porter. “I’m grateful to our agency partners for developing this critical resource for New York City students, which will help ensure our children are healthy, happy, and empowered as they navigate relationships throughout their lives.”

 

“An important step to ending gender-based violence starts with early intervention,” said Daniele Baierlein and Jorge Luis Paniagua Valle, Co-Executive Directors of the Mayor’s Fund to Advance New York City. “That’s why we’re so excited to be partnering with the Mayor’s Office to End Domestic and Gender-Based Violence, Department of Education, Day One, and the Chazen Foundation to give children the opportunity and tools they need to build healthy relationships and learn about the physical and emotional safety they’re entitled to.” 

 

“We believe strongly in the need to provide young children with the tools and skills they need to prevent unhealthy relationships of all kinds before they reach dating age,” said Jerome A. Chazen, the Jerome Chazen Fund to Address Domestic Violence. “We are thrilled to be part of this city-wide initiative and believe broad education programs reaching all youth are critical to help ensure we turn the page on unhealthy relationships.”

 

“In order to reduce rates of domestic violence and sexual assault substantially, we must begin earlier,” said Stephanie Nilva, Executive Director of Day One. “Day One is proud to collaborate with ENDGBV on the ABCs of Healthy Relationships, which will equip children and adolescents with language and skills to have healthy interactions with friends and to build safe intimate relationships in their dating and adult years.”

Defendant Sentenced To 23 Years In Prison For 2011 Murder

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that MICHAEL CASTILLO, a/k/a “Squirrel,” was sentenced by U.S. District Judge John G. Koeltl to 276 months in prison for the March 10, 2011 murder of Hector Arias in the Bronx, New York.

U.S. Attorney Damian Williams said: “In 2011, Michael Castillo shot and killed Hector Arias in cold blood in front of his fiancée and her young child.  Today’s lengthy sentence shows that law enforcement will never give up on murder victims and their loved ones, no matter how long it takes to achieve justice.”

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

CASTILLO was a member of a conspiracy to distribute marijuana centered near 193rd Street and Broadway in Manhattan.  CASTILLO was hired by the leader of the conspiracy, DAVID ESPINAL, a/k/a “D-Block,” to kill Hector Arias, the leader of a rival marijuana business operating in the same area.  On March 10, 2011, CASTILLO shot and killed Arias near 712 East Gun Hill Road in the Bronx, New York.  Arias’s fiancée and her eight year-old child witnessed the murder.  CASTILLO and ESPINAL’s murder plot arose out of the rivalry between ESPINAL and Arias’s two marijuana businesses.  After CASTILLO completed the murder, ESPINAL paid him in cash. 

In addition to his prison sentence, CASTILLO, 38, was sentenced to five years of supervised release. 

On or about December 8, 2020, CASTILLO’s co-defendant, ESPINAL, pleaded guilty to conspiring to kill Arias, among other offenses.  During his guilty plea, ESPINAL admitted to hiring a hitman to kill Arias.    

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation in this case. 

Governor Hochul Announces New Pandemic-Era Subway Ridership Record

 

Subway Ridership Tops 3.2 Million Mark on October 14 for First Time Since Pandemic

Service Delivery Improves to 92%

Subways, Buses and Commuter Rails Combine to Surpass 5 Million Daily Riders

 Governor Kathy Hochul today announced a new pandemic-era subway ridership record of 3,236,904 customers on Thursday, October 14, surpassing the previous high set on October 7 by nearly 50,000 riders.Staten Island Railway also set a record, carrying 7,367 customers for a combined total of 3,244,271. Overall, the subway system has carried more than 3 million customers eight times in October so far.

The Governor also announced that service delivery on the New York City Subway, the percentage of scheduled trains that are provided during peak hours, measured along the busiest part of the line, improved to 92 percent in October with daily delays down by more than 13 percent, leading to another new pandemic-era ridership record on Thursday, October 14.

"Record-breaking transit ridership sends the signal that New York's comeback is only growing stronger," Governor Hochul said. "Bus, subway and commuter rail systems are the backbone of our economy as people return to the workplace, and we will continue working with the MTA to keep this promising momentum going."

Bus ridershipcontinues a healthy recovery, carrying more than 1.4 million riders nine times this month. New York City Transit as a whole has carried over 4 million riderson nine days in October.

In addition to the encouraging totals on subways and buses, both commuter railroads continue to show signs of a strong recovery. Metro-North weekday ridership has consistently hovered around 122,000 on weekdays. The Long Island Rail Road has averaged 150,000 customers every weekday in October. The totals of NYCT Buses and Subways combined with the Long Island Rail Road and Metro-North Railroad surpassed 5,000,000 riders on October 14.

MTA Acting Chair and CEO Janno Lieber said, "New Yorkers are voting with their feet to show they feel safe and comfortable using transit, and we're thrilled to welcome them back. Let the ridership records show that the MTA is officially back on track and ready to lead the region's revival."

The recent ridership records come a few weeks after the Authority formally launched "Welcome Back New York," a robust public messaging campaign aimed at urging New Yorkers to return to the system.

The MTA has undertaken unprecedented cleaning and disinfecting protocols in the year since the pandemic began to ensure that the system is as safe as possible for its customers. The Authority has also rolled out public education campaigns and issued millions of masks to its customers.

Prior to the pandemic, average weekday ridership totals routinely exceeded 5.5 million in the subway system. That figure fell by 95 percent to a low of roughly 300,000 daily trips in April 2020 as the number of COVID-19 cases peaked in the New York City area. MTA employees continued to provide service for the frontline healthcare professionals and other essential workers who needed to get to work during some of the most difficult days in New York City history.

Join us for a 37th Birthday Party Fundraiser in Support of Assembly Member Karines Reyes

Join us tonight for Assembly Member Karines Reyes' 37th Birthday Party!

Please join the Friends of Karines Reyes and special guests NYS Assembly Speaker Carl E. Heastie, Bronx Borough President Ruben Diaz Jr., Bronx County Chair Senator Jamaal T. Bailey, and Democratic Nominee for the Office of NYC Comptroller Council Member Brad Lander for a birthday party fundraiser in support of Assembly Member Karines Reyes! Date: Friday, October 15, 2021 Time: 7:00PM – 10:00PM Location: Con Sofrito (1315 Commerce Ave, Bronx, NY 10461) To RSVP and contribute by cash or check, please visit: https://forms.gle/MfD6GbbNTTNtBKG48 Please make contributions payable and send to: Friends of Karines Reyes c/o Lelia Jimenez 643 Bolton Avenue Bronx, NY 10473 We look forward to seeing you there! RSVP

Join us tonight for Assembly Member Karines Reyes' 37th Birthday Party!

Join us tonight for Assembly Member Karines Reyes'

37th Birthday Party!

Please join the Friends of Karines Reyes and special guests NYS Assembly Speaker Carl E. Heastie, Bronx Borough President Ruben Diaz Jr., Bronx County Chair Senator Jamaal T. Bailey, and Democratic Nominee for the Office of NYC Comptroller Council Member Brad Lander for a birthday party fundraiser in support of Assembly Member Karines Reyes! Date: Friday, October 15, 2021 Time: 7:00PM – 10:00PM Location: Con Sofrito (1315 Commerce Ave, Bronx, NY 10461) To RSVP and contribute by cash or check, please visit: https://forms.gle/MfD6GbbNTTNtBKG48 Please make contributions payable and send to: Friends of Karines Reyes c/o Lelia Jimenez 643 Bolton Avenue Bronx, NY 10473 We look forward to seeing you there!

RSVP

Please join the Friends of Karines Reyes and special guests NYS Assembly Speaker Carl E. Heastie, Bronx Borough President Ruben Diaz Jr., Bronx County Chair Senator Jamaal T. Bailey, and Democratic Nominee for the Office of NYC Comptroller Council Member Brad Lander for a birthday party fundraiser in support of Assembly Member Karines Reyes!

Date: Friday, October 15, 2021

Time: 7:00PM – 10:00PM

Location: Con Sofrito (1315 Commerce Ave, Bronx, NY 10461)

To RSVP and contribute by cash or check, please visit: https://forms.gle/MfD6GbbNTTNtBKG48

Please make contributions payable and send to:

Friends of Karines Reyes

c/o Lelia Jimenez

643 Bolton Avenue

Bronx, NY 10473

We look forward to seeing you there!

RSVP

RSVP

RSVP

Attorney General James Fights to Protect Transgender Students’ Rights

AG James Leads Coalition in Filing Amicus Brief to Protect Transgender

Students Against Gender-based Discrimination in School Sports 

 New York Attorney General Letitia James today took action to protect transgender students’ rights. Leading a coalition of 20 attorneys general, Attorney General James filed an amicus brief in the case of Soule v. Connecticut Association of Schools, opposing the plaintiffs' efforts to bar transgender students from participating in gender-segregated school sports.

“Attacks on transgender students are a violation of their rights and simply will not be tolerated,” said Attorney General James. “When we adopt inclusive policies that honor every individual’s rights with dignity, we create a fairer, more just, and more prosperous society for all. The law does not discriminate based on gender, sexual orientation, or gender identity, and I will do everything in my power to fight for equal protection under the law for every community.”

The brief — filed in the U.S. Court of Appeals for the Second Circuit — argues for the court to reject a lawsuit brought by four cisgender students who claim that the participation of transgender students in gender-segregated sports violates the rights of cisgender girls. The suit was filed after the Connecticut Interscholastic Athletic Conference implemented a policy that allows transgender students to participate in gender-segregated sports according to their gender identity.

Attorney General James leads the coalition of attorneys general in arguing that, contrary to the plaintiffs’ claims, Title IX of the Education Amendments of 1972 does not bar transgender female students from participating in gender-segregated sports according to their gender identity. Additionally, the experiences of amici states show that policies that strive to include transgender people — including policies allowing transgender students to participate in athletic activities consistent with their gender identity — confer significant individual and societal benefits.

Attorney General James has repeatedly fought for the rights of transgender individuals. In December 2020, Attorney General James co-led a multi-state coalition in submitting an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of a challenge to an Idaho law that barred female transgender students from participating in any public school or public university- sponsored female sports. Additionally, in November 2019, Attorney General James successfully co-led a coalition of attorneys general in the fight to support the rights of transgender students to use bathrooms in line with their gender identity in the case Gavin Grimm v. Gloucester County School Board in the U.S. Court of Appeals for the Fourth Circuit. And, in February 2019, Attorney General James co-led a coalition of attorneys general in filing an amicus brief in the case Adams v. St. Johns County School Board in the U.S. Court of Appeals for the Eleventh Circuit, where the coalition argued in support of a transgender student who was being discriminated against by his local school board.

Joining Attorney General James in filing the brief are the attorneys general of California, Colorado, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

The amicus brief was prepared by Assistant Solicitor General Mark Grube, Deputy Solicitor General Anisha S. Dasgupta, and Solicitor General Barbara D. Underwood — all of the Division for Appeals and Opinions.