Manhattan U.S. Attorney And NYPD Commissioner Announce Charges Against Narcotics Dealer Responsible For Heroin And Fentanyl Overdose Death

  Preet Bharara, the United States Attorney for the Southern District of New York, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrest and filing of charges against DASHAWN HAWKINS, a/k/a “Jhonny Cash,” for narcotics dealing that resulted in the overdose death of a 29-year-old man.

On October 19, 2016, the United States Attorney’s Office secured an indictment against HAWKINS, charging HAWKINS with distribution of heroin and fentanyl and conspiracy to distribute heroin.  The indictment alleges that heroin and fentanyl distributed by HAWKINS resulted in the death of Colin Cameron, age 29, of New York, New York, on September 2, 2016. 

HAWKINS will be presented in federal court in Manhattan before U.S. Magistrate Judge Henry B. Pitman later today.  The case has been assigned to U.S. District Judge Gregory H. Woods.  HAWKINS faces a mandatory minimum term of 20 years in prison. 

U.S. Attorney Preet Bharara stated: “Far too often now, we are seeing the devastating effects of opioid abuse on our communities.  We must work to stop these dangerous drugs from reaching our streets and killing our citizens.  Dashawn Hawkins allegedly dealt in heroin, including the fentanyl-laced heroin that killed Colin Cameron.  We thank the New York City Police Department for their outstanding investigative efforts and their collaboration that made the bringing of these federal charges possible.”  

NYPD Commissioner James P. O’Neill stated: “The deadly effects of heroin are real. Look no further than the overdose of Colin Cameron last month in New York City. We will continue to investigate every single overdose and attempt to find and arrest those responsible, as alleged in today's charges against Dashawn Hawkins.”

As alleged in the Indictment against HAWKINS[1]:

From at least in or about August 2016 up to and including in or about October 2016, in the Southern District of New York and elsewhere, DASHAWN HAWKINS, a/k/a “Jhonny Cash,” and others conspired to sell heroin.  In addition, on or about September 1, 2016, HAWKINS distributed and possessed with the intent to distribute heroin and fentanyl.  The use of controlled substances distributed by HAWKINS resulted in the death of Colin Cameron, on or about September 2, 2016.

In a search of HAWKINS’s apartment pursuant to a search warrant executed at the time of his arrest, the NYPD recovered, among other things, quantities of heroin, cutting agent, packaging for fentanyl, a 9mm firearm with high-capacity magazines loaded with hollow-point bullets, and what appears to be a silencer.

DASHAWN HAWKINS, 26, faces a maximum of life in prison, and a mandatory term of 20 years in prison.

The statutory maximum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the NYPD.

This matter is being handled by the Office’s Narcotics Unit.  Assistant United States Attorney Jason M. Swergold is in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Queens Man Charged In New York City “Vermin Control” Fraud Scheme

  Preet Bharara, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the arrest and charges against MYONG HWAN HAN, a/k/a “David Han,” for mail fraud and conspiracy to commit mail fraud in connection with a scheme that sought to defraud thousands of victims out of more than $1 million.  From April 2016 through September 2016, HAN and a co-conspirator (“CC-1”) allegedly created and mailed thousands of fraudulent notices of violation, which purported to be official communications from New York City related to vermin control violations.  The notices directed the recipients to make immediate payments to a sham entity created by HAN and CC-1.  In response, victims mailed checks to the sham entity based on their mistaken belief that the notices of violation were legitimate.  HAN was presented today before Magistrate Judge Henry B. Pitman.

According to the Complaint unsealed today in Manhattan federal court[1]:

In April 2016, CC-1 hired a print shop to print approximately 10,000 copies of a fraudulent notice (the “Fraudulent Notice”).  The Fraudulent Notice, which included a New York City Department of Health and Mental Hygiene (“NYC Health”) logo and was purportedly signed by the Commissioner of the New York City Department of Buildings, directed immediate payment of $120 to be mailed to an entity called “Vermin Control of New York,” under threat of additional penalties, including fees and property liens.  In response to the Fraudulent Notice, approximately 101 victims mailed checks to Vermin Control of New York.           

In fact, NYC Health did not authorize the Fraudulent Notice or use of the NYC Health logo.  HAN and CC-1 created Vermin Control of New York as part of their scheme and used the location of CC-1’s post office box as the organization’s mailing address.  HAN created a bank account for Vermin Control of New York and agreed with CC-1 to share any proceeds from their scam.

HAN, 31, of Queens, New York, is charged with one count of conspiracy to commit mail fraud and one count of mail fraud.  Each of the charges carries a maximum term of 20 years in prison.

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

Mr. Bharara praised the work of the United States Postal Inspection Service, and thanked the New York City Department of Investigation for its assistance.

This case is being handled by the Office’s General Crimes Unit.  Assistant U.S. Attorney Timothy V. Capozzi is in charge of the prosecution.

The charges and allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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[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.

Statement From A.G. Schneiderman - Regarding today’s Airbnb lawsuit:

  The law signed today will provide vital protections for New York tenants and help prevent the continued proliferation of illegal, unregulated hotels, and we will defend it. Airbnb can’t have it both ways: it must either police illegal activity on its own site -- or government will act to protect New Yorkers, as the State just did.

Statement from DA Clark on the fatal shooting of Deborah Danner by an NYPD sergeant

  “We have been informed that New York State Attorney General Eric Schneiderman has determined that the fatal shooting of Deborah Danner by an NYPD sergeant on October 18, 2016, in her apartment at 630 Pugsley Avenue in the Bronx, is not within his jurisdiction to investigate. 

  “I intend to conduct a full, reasoned and independent investigation into this matter, with an open mind, and any decisions that I make will be based upon the evidence. 

  “I have assigned a seasoned prosecutor, Wanda Perez-Maldonado, the Chief of my Public Integrity Bureau, to lead this investigation, under the supervision of Jean T. Walsh, Chief of the Investigations Division, and with the assistance of our Homicide Bureau.”

STATEMENT FROM IDC LEADER JEFF KLEIN on AIRBNB

   

News from the Independent Democratic Conference

STATEMENT FROM IDC LEADER JEFF KLEIN

I applaud Governor Cuomo for prohibiting illegal advertisements from home-sharing sites like Airbnb. This law will protect our communities from transient visitors who all too often wreak havoc on our quiet streets. In my district, one horrible host went as far as to turn his home into a club-like atmosphere with complete with dancers and a stripper pole, alcohol service and DJs spinning loud music into the night.  In a recent investigative report issued by the Independent Democratic Conference, we found hosts renting units to 13 or more individuals, dangerously cramming beds into kitchens, laundry rooms and other areas against city and state code. The result is the degradation of neighborhoods and this must end. While this law addresses multi-family units, it does not apply to one- and two-family homes and I intend, along with my colleagues, to address this to preserve the quality-of-life we all expect. Airbnb must also police its own website to root out any host that violates the law, and if they don’t, we will ensure they do by passing legislation that mandates it.

SENATOR JEFF KLEIN HOSTS CELEBRATION FOR THE STUDENTS OF THE COUNTDOWN TO FITNESS PROGRAM

   Senator Jeff Klein and Urban Health Plan hosted a celebration for the participants of the Countdown to Fitness program, featuring a special Asian noodle and vegetable salad food demonstration on Thursday at the Harding Park Community Center.  All participants received commitment certificates for the dedication to healthy living.

“I’m proud that through my $50,000 funding allocation, we can continue to bring this innovative and effective fitness program to our residents. Countdown to Fitness promotes increased physical activities, offers a variety of nutritious cooking demonstrations, and encourages participants to adapt to a healthier lifestyle through educational seminars. The evaluations taken throughout the year show significant improvement in healthy lifestyle habits for these dedicated participants,” said Senator Klein.

“The Countdown to Fitness Program has generated a lot of interest in the community to get fit and live a healthier lifestyle. We are pleased to partner with Senator Klein to bring the health and wellness information that we share with our patients to the larger Soundview community,” said Paloma Hernandez-Izquierdo, CEO and President of Urban Health Plan.

Senator Klein allocated $50,000 in state funding for this seven-week fitness and wellness program held by Urban Health Plan in the spring, summer, fall and winter.  These sessions, which offer health lectures, exercise, and cooking demonstrations, are held twice a week. Educational health lessons included addressing the topics of cancer, dental health, diabetes, heart disease, mental health and stress management. Nutritional food demonstrations included chickpea salad, pinto bean salsa, southwestern corn and black bean salad, and tropical fruit smoothies. Students enjoyed special exercise classes, such as aerobics, belly dancing, dancersize, kickboxing, tai chi, and zumba.

TWO MEN INDICTED IN CONNECTION WITH BRONX BUILDING EXPLOSION THAT KILLED FDNY BATTALION CHIEF

  Bronx District Attorney Darcel D. Clark today announced that two men have been indicted on charges related to the explosion in an alleged marijuana grow house that killed FDNY Battalion Chief Michael Fahy, who had responded to a reported gas leak in the building in the Kingsbridge section of the Bronx. 

 District Attorney Clark said, “Chief Fahy responded to a building that turned out to be a time bomb. These defendants allegedly were growing marijuana and kept flammable substances on the premises. Chief Fahy ordered residents out of the building-- including one of the defendants--and saved their lives. He was mortally injured when the force of the explosion blew off the slate roof and it struck him.” 

 District Attorney Clark said the defendants, Garivaldi Castillo, 32, of 465 W. 166th Street, Manhattan, and Julio Salcedo, 34, of 3450 Kingsbridge Avenue, the Bronx, have been indicted on charges of first-degree Assault, second-degree Assault, and first-degree Criminal Possession of Marijuana. 

Castillo and Salcedo were arraigned today before Chief Administrative Judge Robert Torres and are due back in court on November 23, 2016. If convicted of the top charge, they could face up to 25 years in prison. 

According to the investigation, on September 27th, 2016, firefighters responded to the two-story building at 300 West 234th Street for a possible gas leak. They found numerous marijuana plants as well as heaters, fertilizer, and tanks of helium, allegedly maintained by Castillo and Salcedo. When the building exploded, debris killed Fahy and injured Firefighter Richard Ruebenacker. 

 The case is being prosecuted by Assistant District Attorney John Miras under the supervision of Christine Scaccia, Deputy Chief of the Homicide Bureau. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt

A.G. Schneiderman Calls On NYS Board Of Elections To Clarify Affidavit Ballot Process Ahead Of November 8th Election

Schneiderman: Poll Workers Must Offer Affidavit Ballots To Voters Who Believe They Are Registered, But Do Not Appear In Poll Books

   Attorney General Eric T. Schneiderman called on the New York State Board of Elections today to issue clear guidance to poll workers about the affidavit ballot process in advance of the November 8 election. After receiving over 1,000 complaints from voters during the Presidential Primary on April 19, the Attorney General’s Civil Rights Bureau opened an inquiry into the practices of Board of Elections across the state, which remains ongoing. As part of that inquiry, the Attorney General’s office has found that many poll workers do not receive accurate guidance about their legal obligations with respect to affidavit ballots.

“I urge the Board of Elections to address issues with the affidavit ballot process that my office has uncovered as part of its inquiry. It is critical that we ensure all eligible New Yorkers are able to cast an effective ballot on Election Day. Poll workers must offer affidavit ballots to voters who believe they are registered, even if they do not appear in poll books,” said Attorney General Schneiderman.

In the letter, the Attorney General asks the State Board of Elections to “issue clear guidance to local BOEs regarding the (a) procedures for determining the eligibility requirements for affidavit ballots; (b) process for casting such ballots; (c) importance of reviewing affidavit envelopes for completeness; and (d) necessity of providing persons who choose not to cast affidavit ballots with voter registration applications. BOEs also should be advised to provide the written guidance and training to their poll workers, and to ensure that poll sites have sufficient affidavit ballots and voter registration applications to meet demand.”