Manhattan U.S. Attorney Charges 10 Defendants In Conspiracy To Smuggle Aliens Into New York City

   Preet Bharara, the United States Attorney for the Southern District of New York, and Angel M. Melendez, Special Agent in Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s (“ICE”) Homeland Security Investigations (“HSI”), today announced the unsealing of an Indictment and a Complaint, which together charge a total of 10 defendants with conspiring to conceal, harbor, and shield from detection, and move and transport, illegal aliens across the Mexico-United States border and into the New York City area.  Seven defendants were taken into custody today; three defendants remain at large.  The six defendants who were arrested in Texas will be presented and arraigned before United States Magistrate Judges in the Southern and Western Districts of Texas; one of the defendants, CARLOS SANTANA, was arrested in Brooklyn, New York, and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein later today.  

As alleged in the Indictment and Complaint unsealed today in Manhattan federal court[1]:

United States v. Maria del Carmen Vasquez et al., 16 Cr. 708

From in or about June 2015 up to and including about October 2016, MARIA DEL CARMEN VASQUEZ, JORGE VASQUEZ-RAMIREZ, JUAN JOSE JIMENEZ BRAVO, MAYTE ZUNIGA BRACHO, ENARDYS FERNANDEZ, CARLOS SANTANA, JORGE GONZALEZ, and ELSA GUADALUPE DURAN conspired to conceal, harbor, and shield from detection, and move and transport, aliens in knowing and reckless disregard of the fact that the aliens had come to, entered, and remained in the United States in violation of law. 

During the course of the conspiracy, the defendants each performed various overt acts in furtherance of the conspiracy, including traveling from Texas through the Southern District of New York to transport aliens and to pick up money, making hotel arrangements for aliens, and renting cars for use in transporting aliens to New York City.  Certain defendants also attempted to transport aliens across the United States-Mexico border and into Texas.

United States v. Luis Batista Casola et al., 16 Mag. 7320

Similarly, in or about July 2016, LUIS BATISTA CASOLA and YOENDRIS BATISTA MATOS conspired to conceal, harbor, and shield from detection, and move and transport, aliens in knowing and reckless disregard of the fact that the aliens had come to, entered, and remained in the United States in violation of law.  During the course of the conspiracy, the defendants accepted money from aliens in exchange for arranging the aliens’ transport from Texas to New York City and other locations in and around the United States.

Each defendant in United States v. Vasquez, et al. and United States v. Casola et al. faces a maximum term of 10 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

A chart containing the names, ages, and residence information of the defendants who were arrested today is attached.

Mr. Bharara praised the outstanding investigative work of HSI, and expressed gratitude for the coordinated efforts of the Homeland Security Investigation Offices in Laredo, McAllen, San Antonio, and Austin, Texas; as well as the HSI Attaché offices in the Dominican Republic and Mexico, Customs and Border Patrol, and the Department of Homeland Security’s Joint Task Force – Investigations.  Mr. Bharara also thanked the U.S. Attorney’s Offices in the Southern and Western Districts of Texas for their assistance and support of the investigation.  Mr. Bharara also expressed appreciation for the assistance provided by the Dominican Republic and Mexico; in particular, he recognized the efforts of the Procuraduría General de la República and the Transnational Criminal Investigative Units of the National Police.

These cases are being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Benet Kearney, Frank Balsamello, and Jessica Fender are in charge of the prosecutions.

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

US v. Maria del Carmen Vasquez et al. indictment.pdfUS v. Casola complaint.pdfUnited States v. Maria del Carmen Vasquez, et al.

NAME	AGE	RESIDENCE
MARIA DEL CARMEN VASQUEZ	41	San Antonio, TX
JORGE VASQUEZ-RAMIREZ	39	San Antonio, TX
JUAN JOSE JIMENEZ BRAVO, a/k/a “Juan Carlos”	34	Laredo, TX
MAYTE ZUNIGA BRACHO	36	McAllen, TX
ENARDYS FERNANDEZ	42	Round Rock, TX
CARLOS SANTANA	42	Brooklyn
JORGE GONZALEZ, a/k/a “Jorgito,” a/k/a “Barbie”	46	Laredo, TX
ELSA GUADALUPE DURAN, a/k/a “Elsa Cruz”	48	Laredo, TX
United States v. Luis Batista Casola et al.
NAME AGE RESIDENCE LUIS BATISTA CASOLA, a/k/a “Cuba,” 48 Laredo, TX YOENDRIS BATISTA MATOS 28 Laredo, TX

Statement By A.G. Schneiderman On $25 Million Settlement Agreement Reached In Trump University Case

 Attorney General Eric T. Schneiderman issued the following statement on the $25 million settlement agreement reached in Trump University case:

In 2013, my office sued Donald Trump for swindling thousands of innocent Americans out of ​millions of dollars through a scheme known as Trump University. Donald Trump fought us every step of the way, filing baseless charges and fruitless appeal​s​ and refusing to settle for even modest amounts of compensation for the victims of his phony university. Today, that all changes. Today's $25 million settlement agreement is a stunning reversal by Donald Trump and a major victory for the over 6,000 victims of his fraudulent university.

I am pleased that under the terms of this settlement, every victim will receive restitution and that Donald Trump will pay up to $1 million in penalties to the State of New York for violating state education laws. The victims of Trump University have waited years for today's result and I am pleased that their patience--and persistence--will be rewarded by this $25 million settlement.

FOUR PEOPLE INDICTED FOR ATTEMPTED RAPE; FORCED 14-YEAR-OLD BRONX GIRL INTO PROSTITUTION

Three Defendants Pressured Teen To Go To Motel With 45-Year-Old Man; Alert Cops Interrupted Sexual Abuse 

  Bronx District Attorney Darcel D. Clark today announced that four individuals have been charged with second-degree Attempted Rape and other charges involving a 14- year-old girl whom they took to a motel to engage in sex with a 45-year-old man. 

  District Attorney Clark said, “The defendants allegedly attempted to force this girl to engage in sex for $50. Thanks to observant police officers, the repulsive act was stopped. While she works to recover from the trauma, we will work to find her justice.”

  District Attorney Clark said Kashalema Kidd, 20, Savon Falu, 21, and Justin Palmer, 16, all from the Bronx, and Avis Ruiz, 45, of Brooklyn, were indicted for seconddegree Attempted Rape and Endangering the Welfare of a Child. Falu was also charged with first-degree Promoting Prostitution, and Kidd, Falu and Palmer were charged with second-and third-degree Promoting Prostitution. Ruiz was charged with Forcible Touching, second- and third-degree Patronizing a Person for Prostitution and third-degree Sexual Abuse. 

  Kidd and Ruiz were arraigned today before Bronx Supreme Court Justice William Mogulescu, who set bail at $10,000 and $50,000 respectively. They are due back in court on November 28, 2016. Palmer and Falu were previously arraigned before Bronx Supreme Court Justice Steven Barrett, who set bail at $100,000 each. If convicted of their top charge, Falu faces up to 25 years in prison, while Kidd and Palmer face up to 15 years and Ruiz faces up to four years. 

  According to the investigation, on the morning of October 27, 2016, Falu, Kidd, and Palmer arranged an agreement with Ruiz to have sexual intercourse with the victim in a motel in exchange for $50. Sergeant Miguel Sanchez and Police Officer Robert Altieri of the 47th Precinct approached the three defendants and they ran toward the motel. The cops followed and found the girl and Ruiz in a room, and were able to apprehend the perpetrators prior to consummation. 

  The case is being prosecuted by Assistant District Attorney Gerard Donahue of the Criminal Enterprise Bureau under the supervision of L. Newton Mendys, Supervisor of the Criminal Enterprise Bureau, with the assistance of Assistant District Attorney Lauren Dichiara of the Child Abuse/Sex Crimes Bureau; Denise Kodjo, Deputy Chief of the Criminal Enterprise Bureau, James Goward, Chief of the Criminal Enterprise Bureau and under the overall supervision of Stuart Levy, Deputy Chief of the Investigations Division and Jean T. Walsh, Chief of the Investigations Division. 

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

BRONX WOMAN SENTENCED FOR MUGGING 103-YEAR-OLD WOMAN IN CO-OP CITY

   Bronx District Attorney Darcel D. Clark today announced that a Bronx woman has been sentenced to five years in prison for robbing a 103-year-old, legally blind Co-op City resident who was returning to her apartment from a community center. 

   District Attorney Clark said, “Robbing an elderly person is cowardly and cold hearted. The defendant now will serve a prison term for her callous actions.” 

  District Attorney Clark said the defendant, Sharon McNeil, 53, of various addresses in the Bronx, was sentenced today, November 17, 2016, before Bronx Supreme Court Justice William Mogulescu to five years in prison with three years of post-release supervision. McNeil pleaded guilty to an offer by the judge of second-degree robbery on September 29, 2016. 

  According to the investigation, on April 1, 2016, Louise Signore, who is legally blind, was returning to her home from a nearby community center and was pushing a shopping cart holding her handbag with $30 in it, a magnifying glass, a hearing aid and other items. Video shows that McNeil followed Signore into the building and waited behind a door with a window while the centenarian checked her mail. Then McNeil followed Signore on to the elevator. 

   McNeil got off with Signore when the elevator reached her floor, and wrested the shopping cart from Signore, who fell to the floor during the altercation. McNeil took the cart and left the victim on the floor yelling for help.

Fieldston Construction continues to Bother the Schools Neighbors

The above photo was taken in early June this year as the Fieldston School came before Community Board 8 with plans for an addition to the school in the fenced rooftop area facing Greystone Avenue. The parking lane was to be used during the construction which should have finished as the new school year began. 

As of this week in November the parking lane is still blocked with construction materials, and you will note that at dismissal times the street Greystone Avenue is closed by double parked buses who wait to load children from the school.

Above - Construction materials and barriers block more than just the parking lane by the Fieldston school on Greystone Avenue.

Below - What it looks like during dismissal by the Fieldston School on Greystone Avenue. The school completely blocks Greystone Avenue.

Is It DEP or now the EPA?

 

   You may have known this as a NYC Department of Environmental Protection (DEP) truck, but if you look closely at the sign on the door you will now see NYC Environmental Protection or EPA. Just why the name change is anybody's guess, and some people like myself who have been battling the DEP over the past 21 years are amazed as well. This former DEP now EPA truck was found on Independence Avenue next to the parking lot of the Riverdale Temple where there was a water leak which was draining into the parking lot below street level. Other photos will show the EPA working the night before to find the leak which was in the process of being repaired the next day. 

Above and Below - Night work by the now NYC EPA to find the source of a water leak on Independence Avenue in Riverdale.

NYC EPA workers stand around the large hole dug on Independence Avenue, and are in the process of the repair job.

Comptroller Stringer Audit: Tens of Millions of Dollars in Fines from Bad Landlords Go Uncollected

HPD’s collection unit fails to collect more than 97 percent of settlements and judgments 

Thousands of tenants – many of them low-income – face no heat or hot water, lead paint, and other violations while landlords go unpunished 

Massive bureaucratic backlog of more than 1,000 cases exists, some on hold for nearly a decade 

HPD agrees with Comptroller’s recommendations

   The Department of Housing Preservation and Development (HPD) – the agency that promotes the construction and preservation of affordable housing for low- and moderate-income New Yorkers – has failed to collect tens of millions of dollars in fines from landlords, a new audit released by New York City Scott M. Stringer shows. In Fiscal Years 2014 and 2015, nearly $35.1 million in judgments and settlements was to be collected from landlords across more than a thousand cases by HPD’s Judgment Enforcement Unit – the unit within the agency responsible for doing so. Yet, $34.2 million was still uncollected as of October 29, 2015, a collection rate of just 2.46 percent. The audit recommended HPD explore hiring additional attorneys and working with other City agencies to improve its collection rate. The agency agreed with the Comptroller’s recommendations.

Hundreds of New Yorkers living in affordable housing across the five boroughs face deplorable conditions like no heat or hot water, lead paint, and more. Yet, despite HPD’s issuing violations and taking landlords to housing court, enforcement cases did not actually result in fines being collected or landlords being sanctioned.

“We are not giving these families, our fellow New Yorkers, a fair shot. Even though we know these tenants – many who need us most – are often living in unfathomable conditions, we aren’t holding landlords accountable. It’s unfair and it’s unacceptable,” New York City Comptroller Scott M. Stringer said. “When we fail to protect affordable housing for our neighbors, we’re giving landlords a free pass to break the law. When bad landlords win, tenants lose. This system must be based on a higher standard of accountability. This is $34 million that could help address record homelessness, provide more affordable housing, support tenants, and help give working families a fair and fighting chance. Instead, it’s been left on the table, and tenants are suffering. It’s just not right.”

When HPD issues violations, it is authorized to impose civil penalties up to $1,000 per day until the hazardous condition is corrected and take landlords to Housing Court to force repairs. If a landlord fails to make repairs or pay a Housing Court judgment, the case is transferred to HPD’s Judgment Enforcement Unit for collection.

This investigation uncovered a massive backlog of cases at HPD’s Judgement Enforcement Unit. As of the end of March 2016, nearly half of the 2,100 open cases of violations were not assigned to an attorney – with some left open for nearly a decade. Over one fifth of open cases existed for three years or more.

The audit also found that when the agency did work on cases, HPD and its enforcement unit did not use every tool at their disposal to encourage property owners to pay fines and correct violations. Although the agency has the power to directly collect tenants’ rents and foreclose on properties to collect unpaid fines, HPD staff informed auditors these methods were rarely – if ever – used.

Specific findings include:

HPD Did Not Collect Fines for Hazardous Building Conditions

• HPD transferred 650 cases that were opened in FY14 to its Judgement Enforcement Unit. As of October 2015, however, just 3.36 percent of the $20.3 million owed had been collected.
• The agency referred 433 cases initiated in FY15 to the Judgement Enforcement Unit. But as of October 2015, only 1.22 percent of the $14.8 million owed had been collected.
• Overall, by October 2015, HPD and its enforcement unit had collected just 2.46 percent of the $35.2 million owed by landlords in FY14 and FY15.

Thousands of Backlogged Cases Languished for Years

• After a case is transferred to HPD’s Judgement Enforcement Unit for collection, it is assigned to the next available attorney. As of the end of March 2016, there were 2,100 open judgement enforcement cases – including 1,043 “backlogged” cases that had been transferred to the enforcement unit but not yet assigned.
• Of these 1,043 unassigned cases, nearly two-thirds had languished for at least a year – and the oldest case was nearly nine years old.
• On average, the other 1,057 cases – that had been assigned to attorneys – were left open but unassigned for two years.
• Each attorney’s caseload consisted of 250 cases, on average, potentially discouraging them from taking legal actions that require increased time and effort.

HPD agreed with all six of the audit’s recommendations, including that it:

• Work with other City agencies to identify payments to building owners – including, but not limited to rental assistance and tax abatements – which can be redirected to pay back HPD fines and judgments;
• Consider hiring additional attorneys or reassigning attorneys from other parts of the organization to work through the backlog of cases; and
• Transfer backlogged cases to either the City’s Law Department or an outside collection agency.

“Every New Yorker deserves safe housing with heat and hot water, and the City must be more proactive. I’m pleased HPD agrees with our recommendations, so together, we can send a clear message to bad landlords: break the law and there will be consequences,” Comptroller Stringer said.

To read the full audit, click here.

Morris Park Community Association & Bharati Foundation Presents "BOOKS With BHARATI" on Friday, December 9th 6:30PM at MPCA Community Center 1824 Bronxdale Ave.

The Morris Park Community Association

The Bharati Foundation

Presents “Books With Bharati”

An Evening of Reading for the Youth and the Community

Friday, December 9^th 6:30PM at MPCA Community Center

Must RSVP by December 2nd at mpassociation@outlook.com or call Tina 718-823-0596