100PercentBronx

Thursday, September 8, 2016

Johnson Avenue Block Festival Next Sunday, Sept. 18th

Wednesday, September 7, 2016

BRONX DISTRICT ATTORNEY DISMISSES ASSAULT CASE AGAINST MAMADOU DIALLO

Bronx Man Will Not Be Prosecuted in Death of Wife’s Attempted Rapist

Bronx District Attorney Darcel D. Clark today announced that a 61-year-old Bronx man will not be prosecuted in the death of a man he had beaten for trying to rape his wife in their apartment.

District Attorney Clark said, “This case was a tragedy for all whose lives intersected in that Bronx building on the night of May 30, 2016.

Mamadou Diallo’s wife was brutally assaulted in her home by Earl Nash. Diallo rushed to save her and struck Nash with a tire iron as he tried to escape. Nash died from cardiorespiratory complications associated with his injuries, acute cocaine intoxication and heart disease. “Mamadou Diallo was charged with Assault, and the Diallos’ lives were changed forever. Earl Nash’s family mourned him while expressing compassion for the Diallo family,” District Attorney Clark continued.

“We waited for three months for the autopsy results, and after a thorough investigation as well as discussions with the deceased’s family we have determined that no grand jury action is warranted. We are dismissing the charges against Mamadou Diallo,” District Attorney Clark said.

Assistant District Attorney Jennifer Cruz told Bronx Supreme Court Justice Marc Whiten during a court appearance for Diallo today, “The District Attorney’s Office has reviewed all of the evidence in this case and has analyzed the relevant law. We also have spoken with and consulted both the decedent’s family and the Diallo family, and finally have reviewed the Medical Examiner’s report which detailed the contributing factors which caused Mr. Nash’s death.

“After this intensive review, the District Attorney’s Office has made the decision to move to dismiss all charges against Mr. Diallo stemming from the May 30th incident. The events of May 30th were truly tragic and the Office commends both families for their empathy in this most difficult of circumstances.”

Assistant District Attorney Cruz read a statement from the Nash family that said in part, “We truly believe that both the Nash and the Diallo family have suffered a great deal of pain as a result of May 30, 2016….While we cannot undo the damage that was done that evening, we hope to bring some closure not only to our family but to the Diallo family as well. As such, we wholeheartedly recommend that District Attorney Clark dismiss all charges against Mamadou Diallo.”

According to the investigation, Nash, 43, had forced his way into the Diallos’ Claremont Village apartment after he saw Diallo leave. He pulled his pants down, ripped off the wife’s clothes, beat her and tried to rape her. She called her husband saying she was being raped. Diallo called 911 on his way back to the apartment, and confronted Nash in the elevator, striking him with a tire iron.

Police and Emergency Medical Service arrived and took Nash to Lincoln Hospital, where he died. Diallo was charged with Assault, Criminal Possession of a Weapon and Harassment on May 31, 2016.

On August 26, 2016, the Medical Examiner ruled that the death was caused at least in part by the actions of another person and therefore was a homicide. The cause of death was cardiorespiratory complications associated with blunt force trauma of the head, torso and upper extremities, acute cocaine intoxication and hypertensive and atherosclerotic cardiovascular disease.

Owner And Chief Executive Officer Of Beauty Products Company Sentenced In Manhattan Federal Court For Multimillion-Dollar Accounting Fraud Scheme

Preet Bharara, the United States Attorney for the Southern District of New York, announced that EMANUEL COHEN, the former chief executive officer of a Florida-based wholesaler and distributor of beauty products (the “Company”), was sentenced today to 27 months in prison for orchestrating a fraudulent scheme to obtain millions of dollars in loans by making false statements and providing fraudulent documents to two commercial banks based in New York (the “Banks”). COHEN pled guilty on June 23, 2015, before U.S. Magistrate Judge Sarah Netburn. Today’s sentence was imposed by U.S. District Judge Lewis A. Kaplan.

Manhattan U.S. Attorney Preet Bharara said: “Emanuel Cohen and his co-conspirators blatantly lied about their company’s financial condition to obtain millions of dollars in loans, which the company later defaulted on. I want to thank the FBI for their excellent investigative work on this case.”

According to the allegations contained in the information to which COHEN pled guilty, other documents filed in Manhattan federal court, and statements made in court proceedings:

From 2007 through March 2014, COHEN and others engaged in a scheme to fraudulently induce the Banks to lend millions of dollars to the Company. Among other things, COHEN knowingly made false representations to the Banks, concealed material facts from the Banks, and submitted false and fraudulent documents to the Banks, including fabricated borrowing base certificates. Specifically, COHEN falsely inflated the Company’s sales and accounts receivable on borrowing base certificates that were provided to the Banks pursuant to loan agreements between the Banks and the Company. COHEN used those falsely inflated sales and accounts receivable to mislead the Banks about the Company’s true financial performance so that the Company could secure and draw down millions of dollars in loans from the Banks that the Company would not otherwise have been entitled to receive.

In March 2014, the Company defaulted on the loans at issue. At that time, the outstanding balance on the loans was more than $4.8 million.

In addition to his prison term, COHEN, 73, of Boca Raton, Florida, was sentenced to three years of supervised release, and ordered to pay forfeiture and restitution, both in the amount of $4,888,460.35.

Three other defendants in this matter, Jay Sosonko, the chief financial officer of the Company, Thomas Thompson, the sales manager of the Company, and Marc Wieselthier, the Company’s outside accountant, pled guilty for their roles in the fraudulent scheme. Sosonko, Thompson, and Wieselthier were sentenced to 16 months, 21 days, and 27 months in prison, respectively.

Mr. Bharara praised the investigative work of the FBI.

Statement From A.G. Schneiderman On Closure Of ITT Technical Institute

Attorney General Eric T. Schneiderman issued the following statement on the announcement that ITT Technical Institute, a for-profit college operated by ITT Educational Services, Inc. (“ITT”), with campuses in Albany, Syracuse, and Buffalo, will be closing its doors:

“Many hardworking New York students have enrolled at ITT campuses across the state and invested significant time and resources into their education. That is why my office wants to ensure all students affected by ITT’s closure clearly understand their options moving forward. I encourage those with student loans to consult tips from my office and from the Department of Education in order to advance and restart their education as quickly and inexpensively as possible.”

ITT’s announcement follows a decision of the United States Department of Education to suspend federal aid to new students enrolling at ITT on the ground that ITT failed to meet its accreditor’s standards.

How to Apply for Debt Relief

Certain ITT students are eligible for a full discharge (erasure) of their federal student loans due to ITT’s closure. This type of loan discharge is called a “Closed School Discharge.” Students eligible for a Closed School Discharge include students who were enrolled when the school closed or on an approved leave of absence when the school closed; or who withdrew from the school in the 120 days prior to the school’s closure.

For instructions on how to apply for a “Closed School Discharge,” students should click here. Students will not be eligible for a Closed School Discharge if they choose to transfer credits and complete their program of study or a comparable program at another school.

Students who are not eligible for a “Closed School Discharge” may be eligible for debt relief if their school committed fraud or otherwise violated state law. This type of loan discharge is called a “Borrower Defense to Repayment.” To obtain a “Borrower Defense to Repayment” discharge, students must submit a claim to the Department of Education that describes the school’s misconduct. The Department of Education is currently developing a new process for submitting such a claim. Borrowers may wish to wait for information about this new process to be made available before applying. If students choose to submit claims before the new process is available, claims may be submitted via e-mail to FSAOperations@ed.gov or by mail to: Department of Education, PO Box 194407, San Francisco, CA 94119. For instructions on what information to include with a “Borrower Defense to Repayment” claim, visit here.

Senator Rev. Rubén Díaz - Mayor de Blasio Insults the Puerto Rican and the Irish Communities

You should know that on September 5, 2016, New York City Mayor Bill de Blasio compared the crimes committed during J’Ouvert festival that precedes the West Indian Day Parade with the Puerto Rican Day Parade and the Saint Patrick’s Day Parade by stating:

“It was not that long ago that the St. Patrick's Parade, the Puerto Rican Parade was plagued by violence … We do not associate, now, the St. Patrick's Parade with violence or the Puerto Rican Parade with violence.”

As you know, for years the J’Ouvert Festival has been riddled with crime, bloodshed, fatal stabbings, gun violence and assassinations, and each year, the situation gets worse.

We have to do something to stop these outbursts of violence and senseless loss of life that occurs during this event!

It is insulting, disrespectful and shameful for Mayor de Blasio, in an attempt to protect his political base, to compare the past and present state of affairs with the Puerto Rican Day Parade and the Saint Patrick’s Day Parades.

It is important for you to know that neither of those parades that took place during the daytime were ever plagued with the violence that has infested the pre-dawn J’Ouvert.

Mayor de Blasio owes an apology to the Puerto Rican community, the Irish community, and to the Parade organizers!

My thoughts and prayers remain with the families and loved ones who were murdered during this year’s J’Ouvert: Tyreke Borel, the 17-year-old who was shot in the chest and killed this year, and with Tiarah Poyau, the 22-year-old who was shot in the face because she refused to dance. I also pray for the 72-year-old woman and a 20-year-old man were also shot and survived, and the dozens and dozens J’Ouvert’s victims

I suggest to Mayor de Blasio that if he wants to keep the J'Ouvert festival in place, he should be man enough to do so and not use the Puerto Rican Day Parade and the Saint Patrick's Day Parades as his scapegoats.

EDITOR'S NOTE:

It should be noted that Bronx Borough President Ruben Diaz Jr. the son of State Senator Ruben Diaz Sr. has been mentioned as a possible candidate for mayor in the Democratic primary of 2017, and would be challenging the current incumbent Democratic Mayor, Bill de Blasio.

CITY COUNCIL MEMBERS WILLIAMS, LANDER, AND GIBSON STATEMENT ON NYPD RESPONSE TO INSPECTOR GENERAL'S REPORT ON QUALITY-OF-LIFE ENFORCEMENT

"We are disappointed with the NYPD's response to the Inspector General's (IG) recent report on Quality-of-Life Enforcement. The City Council created the Office of the Inspector General to ensure that NYPD policies and procedures are operating effectively and consistently with the law -- with the understanding that everyone in NYC, including the NYPD, will benefit from a more accountable, efficient police force.

"Their recent report achieved exactly what the Office of the Inspector General was intended to do: based on sound statistical evidence, the IG report found that certain NYPD broken windows strategies do not have a measurable impact on violent crime in NYC, and set forth recommendations to improve these strategies for more data-driven, measurable, and equitable impacts on our communities. IG Eure's report was objective, fair and written with the intent to reduce tensions between the NYPD and the diverse communities it serves -- not to inflame them.

"Contrary to what the NYPD is presenting, the IG's report is in agreement with the NYPD's findings about the correlation between quality-of-life summons and preventing serious crime. According to the NYPD's report, 'there is no strict mathematical relationship between these two factors.' This supports the need for more effective, measurable policing practices. In essence, the NYPD's report is splitting hairs, in refuting their previous claim that the Broken Windows Theory leads to a direct decrease in felony crime, but instead fosters 'a general atmosphere of order and a general sense of police presence.'

"It is extremely disappointing to see that Commissioner Bratton has not only obstinately refused the IG's sensible recommendations, but has attempted to disparage and discredit the IG's vital work in the process. We look forward to working more productively with incoming Commissioner O'Neill to improve policing and police-community relations in NYC."