Thirteen Members And Associates Of The Blood Hound Brims Gang Charged In Federal Court With Racketeering, Narcotics And Firearms Offenses

   Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging a total of 13 members and associates of the Blood Hound Brims gang (“BHB” or the “Gang”), a subset of the national Bloods street gang, with various racketeering, narcotics, and firearms offenses, including three attempted murders.

Manhattan U.S. Attorney Preet Bharara said:  “As alleged, the Blood Hound Brims gang was built for crime, with a leadership structure, subgroups known as ‘pedigrees,’ a system to impose discipline, and dues paid to cover prison guns, drugs, commissary funds, and lawyer fees.  The Blood Hound Brims’ brand of havoc that allegedly included drugs, guns, and violence affected several neighborhoods in New York City and Westchester and reached as far as Pennsylvania.  Thanks to the work of the FBI and NYPD, today we arrest and put federal charges on thirteen of this violent gang’s alleged members and associates, including its founder and leader.”    

FBI Assistant Director-in-Charge William F. Sweeney stated: “The violence that accompanies the drug trade doesn’t just impact the gang members who make the choice to pick up a firearm and aim it at their rivals, or allegedly in this case, at their fellow gang members.  Many times innocent people get caught in the crossfire during turf wars.  The FBI NY Metro Safe Streets Task Force works day in and day out to track these violent offenders and get them out of the communities they terrorize.”

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

The BHB was a criminal enterprise that operated principally in the greater New York area, from at least 2005 up to and including 2016.  The BHB was a faction of the Bloods street gang, which operates nationwide, and is under the New York Blood Brim Army (“NYBBA”).  The BHB operated within and around various locations in New York, including New York City, Westchester County, Elmira, and in Pennsylvania, as well as within and outside federal and state penal systems. 

The BHB used a hierarchical structure that was organized, in part, by New York City borough, and that was maintained, in part, through the payment of dues.  The founder and leader of the Gang was LATIQUE JOHNSON, and other members and associates of the BHB referred to JOHNSON as the “Godfather.” The Gang was divided into several “pedigrees,” each of which had its own leadership structure which was approved by JOHNSON.  Leadership positions within the pedigrees included, among others, treasurers who collected dues from members of a particular pedigree, and individuals who performed security and disciplinary functions for the pedigree.  In addition to JOHNSON, GREEN, SANCHEZ, MURRAY, MORTON, CHERRY, KAID, GRAYSON, ROSATIO and EVANS all held leadership positions within the Gang at different times. 

Members of the BHB had regular meetings, sometimes called “pow wows” or “9-11s,” at which members were required to pay dues.  Some of the meetings were among members of a particular pedigree, and other meetings were for all members of the Enterprise.  Word of the meetings was disseminated via text message, word-of-mouth, and flyers.  The BHB’s business, including rivalries with other gangs, shootings, the arrest of gang members, guns, and drugs, was regularly discussed at these meetings.  “Kitty dues” – money that paid for commissary funds, lawyers, guns, and drugs, and that served as tribute to JOHNSON – were collected at these meetings.  The BHB maintained its own rules and constitution that new members were required to learn.  Members of the BHB also used code words and secret phrases to communicate with each other both while in prison and on the street in order to avoid detection by law enforcement.   

One of the BHB’s principal objectives was to sell cocaine base, commonly known as “crack cocaine,” powder cocaine, and heroin, which members and associates of the BHB sold throughout the greater New York area and in Pennsylvania. 

Members and associates of the BHB engaged in multiple acts of violence against rival gangs.  These acts of violence included assaults and attempted murders, and were committed to protect the Gang’s drug territory, to retaliate against members of rival gangs who had encroached on the territory controlled by the BHB, and to otherwise promote the standing and reputation of the Gang vis-à-vis rival gangs.  These acts of violence also included assaults and attempted murders against members and associates of the BHB itself, as part of internal power struggles within the Gang.

For example, on or about April 3, 2009 in Greenburgh, New York, CHERRY and MORTON attempted to murder KAID during a power struggle within the BHB, during which MORTON shot and injured KAID, who survived the shooting.  Then, on or about January 28, 2012 in the Bronx, New York, JOHNSON and MURRAY attempted to murder two members of a rival gang when JOHNSON fired into a fried chicken restaurant, injuring two individuals who survived the shooting.  The violence continued, and on or about September 26, 2012 in the Bronx, New York, JOHNSON, KAID and CANNON attempted to kill two other members of a rival gang at whom KAID fired gunshots.

Count One of the Indictment charges LATIQUE JOHNSON, BRANDON GREEN, INES SANCHEZ, DONNELL MURRAY, THOMAS MORTON, DAVID CHERRY, SAEED KAID, ERIC GRAYSON, MARQUES CANNON, MANUEL ROSARIO, MICHAEL EVANS, and TERRELL PINKNEY with participating in a racketeering conspiracy. 

Count Two charges JOHNSON and MURRAY with assault and attempted murder and conspiracy to commit murder in aid of racketeering in connection with the January 28, 2012 shooting at members of a rival gang.

Count Three charges JOHNSON, KAID and CANNON with assault and attempted murder and conspiracy to commit murder in aid of racketeering in connection with the September 26, 2012 shooting at members of a rival gang. 

Count Four of the Indictment charges JOHNSON, GREEN, MURRAY, MORTON, CHERRY, KAID, GRAYSON, CANNON, ROSARIO, EVANS, and PATRICK DALY with participating in a narcotics conspiracy to distribute crack cocaine, powder cocaine and heroin.

Count Five of the Indictment charges GREEN, MURRAY, MORTON, CHERRY, KAID, GRAYSON, CANNON, ROSARIO, EVANS and PINKNEY, with firearms offenses in connection with the racketeering and narcotics conspiracies charged in Counts One and Four, respectively.

Counts Six and Seven of the Indictment charge JOHNSON with firearms offenses in connection with the racketeering and narcotics conspiracies charged in Counts One and Four, respectively, and with use of a firearm in connection with assault and attempted murder in aid of racketeering in connection with Count Two.

Nine of the 13 defendants, INES SANCHEZ, THOMAS MORTON, DAVID CHERRY, ERIC GRAYSON, MANUEL ROSARIO, MICHAEL EVANS, and TERRELL PINKNEY were taken into federal custody yesterday or this morning and will be presented before United States Magistrate Judge Henry Pittman later today.  MARQUES CANNON was arrested in the Northern District of New York and was presented before a magistrate judge.  PATRICK DALY was arrested in the Western District of New York and was presented before a magistrate judge.  SAID KAID is currently incarcerated in state custody on other charges, and will be presented at a later date.  LATIQUE JOHNSON is already in federal custody on prior charges and will be presented on the new charges at a later date.  BRANDON GREEN and DONNELL MURRAY remain fugitives. The case of United States v. Latique Johnson, et al, S1 16 Cr. 281 (PGG) has been assigned to U.S. District Judge Paul G. Gardephe.   

Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

COUNT	CHARGE		DEFENDANTS		MAX. PENALTIES
1	Racketeering conspiracy   18 U.S.C. § 1962(d)		LATIQUE JOHNSON BRANDON GREEN INES SANCHEZ DONNELL MURRAY THOMAS MORTON DAVID CHERRY SAEED KAID ERIC GRAYSON MARQUES CANNON MANUEL ROSARIO MICHAEL EVANS TERRELL PINKNEY		20 years in prison
2	Assault and attempted murder and Conspiracy to commit murder in aid of racketeering activity   18 U.S.C. §§ 1959 & 2		LATIQUE JOHNSON DONNELL MURRAY		10 years in prison
3	Assault and attempted murder and Conspiracy to commit murder in aid of racketeering activity   18 U.S.C. §§ 1959 & 2		LATIQUE JOHNSON SAEED KAID MARQUES CANNON		10 years in prison
4	Narcotics conspiracy   21 U.S.C. § 846		LATIQUE JOHNSON BRANDON GREEN DONNELL MURRAY THOMAS MORTON DAVID CHERRY SAEED KAID ERIC GRAYSON MARQUES CANNON MANUEL ROSARIO MICHAEL EVANS PATRICK DALY		Life in prison   Mandatory minimum of 10 years in prison
5	Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime   18 U.S.C. § 924(c)		BRANDON GREEN DONNELL MURRAY THOMAS MORTON DAVID CHERRY SAEED KAID ERIC GRAYSON MARQUES CANNON MANUEL ROSARIO MICHAEL EVANS TERRELL PINKNEY		Life in prison   Mandatory minimum of 10 years in prison
6	Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime   18 U.S.C. § 924(c)		LATIQUE JOHNSON		Life in prison   Mandatory minimum of 10 years in prison
7	Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence   18 U.S.C. § 924(c)		LATIQUE JOHNSON		Life in prison   Mandatory minimum of 10 years in prison

DEFENDANT		AGE		RESIDENCE
LATIQUE JOHNSON a/k/a “La Brim” a/k/a “Straight 2 Business” a/k/a “Breezy” a/k/a “Boss Dog”		36		In Custody
BRANDON GREEN a/k/a “Light” a/k/a “Moneywell”		33		Bronx, NY
INES SANCHEZ a/k/a “Meth”		36		Bronx, NY
DONNELL MURRAY a/k/a “Don P”		37		Bronx, NY
THOMAS MORTON a/k/a “10 Stacks”		40		Elmhurst, NY
DAVID CHERRY a/k/a “Showtime”		35		Queens, NY
SAEED KAID a/k/a “O-Dog”		36		In Custody
ERIC GRAYSON a/k/a “Gistol”		33		Bronx, NY
MARQUES CANNON a/k/a “Paper Boy”		31		Syracuse, NY
MANUEL ROSARIO a/k/a “Top Dolla”		37		New York, New York
MICHAEL EVANS a/k/a “Puff”		36		Bronx, New York
TERRELL PINKNEY a/k/a “BX”		37		Bronx, New York
PATRICK DALY		54		Middleport, New York

Mr. Bharara thanked the FBI and the NYPD, as well as the Criminal Investigators at the United States Attorney’s Office, for their work on the investigation.

This case is being prosecuted by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Abigail S. Kurland, Jared Lenow and Max Nicholas are in charge of the prosecution.

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

Manhattan U.S. Attorney Announces $95 Million Recovery From Deutsche Bank In Fraudulent Conveyance Case Related To Federal Income Tax Avoidance

   Preet Bharara, the United States Attorney for the Southern District of New York, announced a settlement between the United States of America and DEUTSCHE BANK, A.G., DB U.S. FINANCIAL MARKETS HOLDING CORP., and DEUTSCHE BANK SECURITIES, INC. (“DEUTSCHE BANK”), resolving a civil lawsuit in which the United States alleges that DEUTSCHE BANK participated in a series of transactions that amounted to fraudulent conveyances carried out with the purpose and effect of evading tens of millions of dollars in federal tax liability. 

Manhattan U.S. Attorney Preet Bharara said:  “Using a web of shell companies and series of calculated transactions, Deutsche Bank sought to escape liability for tens of millions of dollars in taxes.  The Government, through this action and settlement, has made Deutsche Bank admit to its actions designed to avoid taxes and pay $95 million to the United States to account for this conduct.”

According to the allegations of the Complaint previously filed by this Office against DEUTSCHE BANK in Manhattan federal court:

In 2000, DEUTSCHE BANK acquired a corporation that held stock with a very low cost basis, meaning that when this stock was subsequently sold, significant taxable income would be incurred.  In order to dispose of the stock without paying the taxes that would be due on this transaction, DEUTSCHE BANK entered into a fraudulent plan with a tax shelter promoter.  Pursuant to this plan, DEUTSCHE BANK transferred the shares of the acquired corporation to a shell company (“BMY”) created by the promoter, which then transferred the stock back to DEUTSCHE BANK in such a way as to cause the shell company to get stuck with the tax bill.  DEUTSCHE BANK and the promoter structured this transaction (the “May 2000 Transaction”) so that the shell company would have little or no assets and would be unable to pay the taxes due.  The net result:  DEUTSCHE BANK would be able to cleanse the stock of its low cost basis and purport to leave the tax liability with a “taxpayer” – the shell company – that would be unable to pay the tax.  Ultimately, this transaction left the shell company BMY with a liability of more than $52 million in taxes, plus interest and penalties.  

Pursuant to the Settlement Agreement approved today by the United States District Court for the Southern District of New York, DEUTSCHE BANK agrees to pay the United States $95 million to resolve the claims in the Complaint. 

In the Settlement Agreement, DEUTSCHE BANK also “admits, acknowledges, and accepts responsibility for” certain key facts related to the Government’s allegations in the complaint, including the following:

• “DEUTSCHE BANK engaged in the May 2000 Transaction in order to avoid having to pay the built-in tax liability associated with” the stock.
  
  
• “Each aspect of the May 2000 Transaction was pre-planned” and “[a]s a result of the May 2000 Transaction, BMY realized substantial taxable gain.”
  
  
• “Deutsche Bank knew or, had it made reasonable inquiries, would have known that BMY did not have legitimate tax losses to offset this gain.”

• BMY nonetheless “claimed [to the IRS] that no tax was due because the income was offset by unrelated foreign currency transaction losses” that “were attributable to a tax shelter known as a Currency Option Investment Strategy (‘COINS’) tax shelter.”

• DEUTSCHE BANK itself had “participated in this COINS tax shelter,” and, “[a]s Deutsche Bank admitted in 2010” in a statement of facts accompanying a non-prosecution agreement entered into by this Office’s Criminal Division, “the COINS shelter, in which it participated willfully and knowingly, was a fraudulent tax shelter, and it was unlawful for Deutsche Bank to have participated in the COINS tax shelter.”
  
  
• “IRS disallowed [these] claimed foreign currency transaction losses and assessed BMY tens of millions of dollars of tax (plus interest and penalties) resulting from the sale of” the stock.

• “Deutsche Bank knew that BMY had no material assets and no operating business,” and “Deutsche Bank knew or should have known that as a result of the May 2000 Transaction, BMY lacked the funds necessary to pay the substantial taxes resulting from the sale of” the stock.
  
  

Mr. Bharara thanked Frederick C. Mutter of the Office of Chief Counsel, Internal Revenue Service, for his extraordinary assistance on this matter.

Congressman Adriano Espaillat (NY13) Marks Record Attendance During Historic Swearing In Ceremony for 115th Congress

  WASHINGTON, D.C. – Congressman Adriano Espaillat (NY13) released the following statement today following his historic ceremony to be sworn in to the U.S. House of Representatives for the 115th Congress and is recognized by Leader Nancy Pelosi for his record level of interest and support.

“I would like to express my deepest appreciation to the hundreds of neighbors, friends, relatives and supporters who attended my swearing-in ceremony on Tuesday, January 3, to become a member of the United States House of Representatives,” Rep. Espaillat said.  “I am especially grateful to my family, members of the press and all of the residents from New York’s 13th Congressional District who made it possible for me to come to Washington. This is a triumph for us all and I am deeply grateful!”

“Congressman Adriano Espaillat has already shown he will be an outstanding champion for New York’s 13th Congressional District in the U.S. House of Representatives,” Leader Pelosi said. “The record interest in Congressman Espaillat’s swearing-in ceremony is a powerful testimony to the respect he commands and the excitement there is for the values and qualities he will bring to the Congress.  With his commitment to empowering all people, Congressman Espaillat is fighting for equality of opportunity for all – and he will be a leader of House Democrats’ fight for comprehensive immigration reform, civil rights, and policies that improve the lives of hard-working families in communities across America.”       

Join Mark Gjonaj for NYC Council Campaign Kick-Off Fundraiser

Dear Friend, I hope you had a wonderful Holiday season. As we enter the new year, I am thrilled to announce that I am embarking on a new journey. In case you missed it, I have officially announced my run for New York City Council - District 13. I look forward to continue serving you. From City Hall, I will be in a better position to create more jobs, enhance our neighborhoods, increase our police force, and combat homelessness. I look forward to displaying the type of leadership my neighbors have come to know and expect from me. With my campaign's first fundraising deadline quickly approaching next week, I hope I can count on your continued support and friendship. Please join me as we kick-off my candidacy for NYC Council.   Wednesday, January 11th 6:30 – 9:30pm F&J Pine Restaurant 1913 Bronxdale Avenue Bronx, NY 10462 Friend    Supporter    Benefactor    Sponsor $250        $500          $1,000             $2,750    In case you are unable to attend, please consider making a contribution by clicking here. For additional details or to RSVP, please contact Vera at (718) 755-2920 or NewYorkersforMarkGjonaj@gmail.com. Thank you so much for your support. Yours Truly, Mark Gjonaj

CONTRIBUTE

State law prohibits making a contribution in someone else’s name, reimbursing someone for a contribution made in your name, being reimbursed for a contribution made in your name, or claiming to have made a contribution when a loan is made. An individual or Political Action Committee (PAC) that is registered with the NYC Campaign Finance Board can donate up to a maximum of $2,750 per election cycle. If a contributor has business dealings with the City as defined in the Campaign Finance Act, such a contributor may contribute only up to $250 for City Council. Contributions from corporations, limited liability companies (LLCs), limited liability partnerships (LLPs), and partnerships are strictly prohibited.pL Please make all donations payable to: New Yorkers for Mark Gjonaj Our mailing address is: 2018 Williamsbridge Road Bronx, NY 10461

Paid for by New Yorkers for Mark Gjonaj

MAYOR DE BLASIO APPOINTS MARISA LAGO AS NEXT DIRECTOR OF DEPARTMENT OF CITY PLANNING AND CHAIR OF CITY PLANNING COMMISSION

Carl Weisbrod to become Chair of Trust for Governors Island

  Mayor Bill de Blasio today announced Marisa Lago will serve as the next Director of the Department of City Planning and Chair of the City Planning Commission. Carl Weisbrod will step down from these roles next month and assume new responsibilities as Chair of the Trust for Governors Island.

Lago brings nearly 30 years of public service to City Planning, where she began her career in City government in 1983 as an aide to Chairman Herb Sturz. She has served as President and CEO of the New York Empire State Development Corporation, Commissioner of the NYS Department of Economic Development, and the Director of the Boston Redevelopment Authority, which is the city’s chief planning and economic development agency. Lago also served as the General Counsel to then NYC Economic Development Corporation President Carl Weisbord. She is currently the US Department of the Treasury’s Assistance Secretary for International Markets and Developments.

Lago will be charged with expanding the City’s efforts to secure more affordable housing in changing neighborhoods, to plan for growth responsibly and equitably, and to use the land use process to strengthen industries, businesses and communities. She will further a legacy built by Chair Weisbrod over decades.

Weisbrod’s achievements include the revitalization of Times Square, the rebuilding of Lower Manhattan after 9/11 and the negotiation of the Billie Jean King National Tennis Center, widely regarded as the best sports complex deal ever secured by a municipal government. Weisbrod co-chaired Mayor-Elect de Blasio’s 2013 Transition, and departs City Planning following one of the most remarkable years in its history. His recent record includes the passage of the nation’s strongest Mandatory Inclusionary Housing program and the most sweeping overhaul of the zoning text since 1961, which lowered the cost of building affordable housing and will foster a new generation of homes for seniors. The rezoning of East New York, approved in April 2016, represents a new template for comprehensive neighborhood planning. Just yesterday, the City Planning Commission certified the rezoning of East Midtown as part of a transformative plan to keep New York City competitive and invest in the area’s public transit and open spaces.

As the new chair of the Trust for Governors Island, Weisbrod will be a steward of the island’s open spaces and historic assets, and foster its development into a dynamic 24-7-365 community that includes education and innovation hubs.

“This is a bittersweet moment. Carl helped to build our administration and has been part of its bedrock. His contributions have earned him a place as one of our city’s great civic leaders, and we are honored that he has agreed to take on the task of continuing Governors Island’s incredible transformation,” said Mayor Bill de Blasio. “Marisa comes to our administration with unmatched experience building neighborhoods and planning for the future. She worked side-by-side with Carl helping spur the city’s revitalization twenty-five years ago, and has a record of bringing communities together. We look forward to her taking up the reins as we build more affordable homes and foster the good jobs New Yorkers need.”

“It’s a great honor to come home to the city I love and be given the chance to make it ever stronger and more equitable,” said Marisa Lago. “Change is the one constant in New York, and it is never easy. I’ve had the privilege of learning how to make change work for people and businesses by watching leaders like Carl Weisbrod, and I have spent my entire career finding smart solutions to the tough problems that come with a growing, changing world. We can and we will keep our neighborhoods affordable, our economy competitive, our businesses thriving and our communities strong.”

“I am so proud of what we’ve achieve these past three years. From East New York to East Midtown, we are laying a foundation for truly affordable neighborhoods, world-class business districts and smart transit-oriented growth. It has been an incredible run, and I couldn’t be more thankful to the mayor and to my talented colleagues at City Planning,” said DCP Director and CPC Chair Carl Weisbrod. “I’ve spent my career fighting for New York City, and it’s fitting that my next chapter will take me to the new frontier on Governor’s Island. I am excited to shape into an iconic space of which all New Yorkers can be proud.”

About Marisa Lago

Marisa Lago currently serves as Assistant Secretary for International Markets and Development at the U.S. Department of Treasury, where she is responsible for the department’s portfolio on international financial services regulation, development assistance, climate finance, trade and technical assistance. She began her career in City government working for then-City Planning Commission Chair Herb Sturz in 1983. She later served as General Counsel at the City’s Economic Development Corporation under Mayor Dinkins.

Lago has extensive experience in economic development – leading the Empire State Development Corporation and serving the city of Boston as both Chief Economic Development Officer and Director of the Boston Redevelopment Authority, which is the city’s chief planning and economic development agency. She has also worked in the private sector with Citigroup and as an attorney.

Lago holds a bachelor’s degree in physics from Cooper Union and a law degree from Harvard Law School. She is fluent in Spanish. Lago was born in Brooklyn, and is 61.

MAYOR DE BLASIO APPOINTS 20 JUDGES TO FAMILY, CRIMINAL AND CIVIL COURT

   Mayor Bill de Blasio today announced the appointments of 15 judges to Family, Criminal and Civil Court. The Mayor also reappointed 5 judges to Criminal and Civil Court. Collectively, these judges have years of experience serving New Yorkers in the public, private and non-profit sectors.

“New Yorkers deserve judges who are impartial and who are committed to fighting for justice and fairness,” said Mayor Bill de Blasio. “I look forward to working with these 15 new judges, and I welcome back the five judges I’ve had the pleasure of working with. I’m confident that they will fight for New Yorkers’ best interests across the five boroughs.”

The Mayor appointed the following judges:

FAMILY COURT

Judge Mildred Negron was first appointed as an Interim Civil Court Judge in March 2016 and has been serving in Family Court. She formerly served with The Legal Aid Society, Juvenile Rights Division for over 10 years as Assistant and Deputy Attorney-in-Charge of the Manhattan and Queens offices respectively. Judge Negron was also a Court Attorney-Referee for over 13 years in Kings County and Queens County Family Court. Judge Negron graduated from CUNY City College and received her law degree from CUNY School of Law.

Judge Judith Waksberg was first appointed as an Interim Civil Court Judge in July 2015 and has been serving in Family Court. She had been with the Legal Aid Society her entire career for 32 years primarily in the Juvenile Rights Appeals Unit where she last served as the Director for 17 years. Judge Waksberg graduated from Brandeis University and received her law degree from New York University School of Law.

CRIMINAL COURT

Judge Phyllis Chu served most of her career with the Kings County District Attorney’s Office for 23 years holding various positions including Senior Assistant District Attorney in the Homicide Bureau. Judge Chu received her undergraduate degree from Cornell University and her law degree from Northeastern University School of Law.

Judge Toni Cimino was first appointed as an Interim Civil Court Judge in June 2016 and has been serving in Criminal Court. Prior to her appointment, she was a criminal defense attorney in private practice, then served with the New York State Unified Court System for nearly 17 years including as a Court Attorney in Supreme Court, Criminal and Civil Term. She graduated from St. John’s University and St. John’s University School of Law.

Judge Charlotte Davidson was first appointed as an Interim Civil Court Judge in June 2016 and has been serving in Criminal Court. Prior to her appointment, Judge Davidson served with the New York State Unified Court System for 13 years holding various positions including as Counsel to the former Chief Judge of the Court of Appeals Jonathan Lippman. She is a graduate of Harvard University and received her law degree from Columbia Law School.

Judge Eugene Guarino was first appointed as an Interim Civil Court Judge in June 2016 and has been serving in Criminal Court. He formerly served with the Queens County District Attorney’s Office, was in private practice and a Principal Court Attorney in Queens County Criminal and Supreme Courts. Judge Guarino received his undergraduate degree from Fordham University and his law degree from St. John’s University School of Law.

Judge David Kirschner was first appointed as an Interim Civil Court Judge in June 2016 and has been serving in Criminal Court. He served with the Bronx County District Attorney’s Office for over 17 years, was in private practice and served as a Principal Court Attorney in the Bronx County Supreme Court. Judge Kirschner is a graduate of Florida State University and received his law degree from Hofstra University School of Law.

Judge Michael Kitsis had been a career prosecutor with the New York County District Attorney’s Office for 33 years in various positions including Bureau Chief of the Frauds Bureau and Senior Investigative Counsel of Major Economic Crimes. He graduated from the University of Pennsylvania and from the University of Virginia, School of Law.

Judge Margaret Martin spent most of her career with the Legal Aid Society for over 21 years including as Senior Staff Attorney in the Capital Division. She was also an Assistant Deputy Counsel in the Office of Court Administration’s Office of Policy and Planning. She graduated from Boston University and the University of Denver, Sturm College of Law.

Judge Herbert Moses had been a solo practitioner for 20 years specializing in criminal defense. Prior to that, he was a prosecutor for five years in the Kings County District Attorney’s Office. Judge Moses received his undergraduate degree from John Jay College of Criminal Justice and his law degree from CUNY School of Law.

Judge Kim Petersen was most recently the Bureau Chief of Criminal Court of the Richmond County District Attorney’s Office. Prior to that, she served with the Queens County District Attorney’s Office and was a Principal Court Attorney in the Appellate Division, First Department, Departmental Grievance Committee as well as in Supreme Court, Criminal Term in Queens County. Judge Petersen graduated from Queens College and Brooklyn Law School.

Judge Bahaati Pitt was first appointed as an Interim Civil Court Judge in June 2016 and has been serving in Criminal Court. She formerly served with The Legal Aid Society’s Criminal Defense Division for seven years, was a Court Attorney in Bronx County Family and Civil Courts, and a Principal Law Clerk in Bronx County Supreme Court, Civil and Criminal Divisions. She graduated from Morgan State University and received her J.D. from State University of New York at Buffalo.

CIVIL COURT

Judge Beth Beller spent most of her career as a prosecutor in the New York County District Attorney’s Office for 17 years including the Sex Crimes Unit and Child Abuse Bureau. She then became a Principal Court Attorney in Supreme Court, Criminal Division in Bronx County. Judge Beller graduated from New York University and St. John’s University School of Law. Judge Beller has been appointed to Civil Court and has been assigned to Criminal Court.

Judge David Frey served for 19 years with the Richmond County District Attorney’s Office where he last served as Bureau Chief of Investigations and was previously Unit Chief of Computer Crimes and Identity Theft Investigations. He received his B.S. and M.B.A. degrees from Rensselaer Polytechnic Institute and his law degree from Brooklyn Law School. Judge Frey is appointed to Civil Court and has been assigned to Criminal Court.

Judge Frances Wang spent eight years as a prosecutor in the Bronx County District Attorney’s Office in the Criminal Court and Appeals Bureau. She subsequently served as a Principal Court Attorney in Supreme Court, Criminal Term in Bronx County. She received her undergraduate degree from St. John’s University and her law degree from Hofstra University School of Law. Judge Wang has been appointed to Civil Court and has been assigned to Criminal Court.

The Mayor reappointed the following judges:

CRIMINAL COURT

Judge Tamiko Amaker was appointed as a Criminal Court Judge in January 2010. She is currently an Acting Supreme Court Justice and has been serving as the Supervising Judge of New York County Criminal Court since 2013. Judge Amaker spent her entire legal career in the Bronx District Attorney's Office where she last served as Deputy Chief of the Child Abuse and Sex Crimes Bureau. She received her undergraduate degree from Vassar College and her law degree from Fordham Law School.

Judge Alexander Calabrese was first appointed to the Criminal Court in April 1997. He currently serves as an Acting Supreme Court Justice and has presided in the Red Hook Community Justice Center since April 2000. He began his legal career with the Legal Aid Society and subsequently served as a court attorney to the Honorable Leslie Crocker Snyder. Judge Calabrese received his undergraduate degree from the University of Notre Dame and received his law degree from Fordham Law School.

Judge Barry Kron, an Acting Supreme Court Justice, was first appointed as an Interim Civil Court Judge in August 1988 and subsequently appointed to the Criminal Court in December 1991. Most of his legal career was spent serving with the Supreme Court, Appellate Division’s Second Department as a law secretary. He received his undergraduate degree from Lehman College and graduated from Columbia Law School.

Judge Martin Murphy spent 18 years with the Legal Aid Society where he last served as an Attorney-in-Charge. Prior to that, he served with the New York City Criminal Justice Coordinator's Office. Judge Murphy, currently serving as an Acting Supreme Court Justice, was first appointed to the Family Court in April 1997 but has presided in Criminal Court and the Criminal Term of the Supreme Court. He formerly served as the Supervising Judge of New York County Criminal Court from 2000 to 2005. He graduated from Seton Hall University and received his law degree from Brooklyn Law School.

CIVIL COURT

Judge Ben Darvil, Jr. was first appointed as an Interim Civil Court Judge in March 2016 and has been serving in Family Court. Prior to his appointment, Judge Darvil served with Family Court Legal Services of the New York City Administration for Children’s Services, and as a Court Attorney and Law Clerk with Supreme Court, Appellate Division’s Second Department. He received his undergraduate degree from Long Island University and his J.D. from St. John’s University, School of Law.

About Family Court

The Family Court is part of the New York State Unified Court System and was established to take action in the lives of children, parents and spouses. Family Court judges hear cases related to adoption, foster care, guardianship, custody and visitation, domestic violence, juvenile delinquency and abused or neglected children.

About Criminal Court

Criminal Court handles misdemeanors, lesser offenses and conducts arraignments and preliminary hearings for felonies. The Criminal Courts of the City of New York are located in all five boroughs. The Mayor appoints judges to 10-year terms in the New York City Criminal Court, which is part of the New York State Unified Court System.

About Civil Court

Civil Court of the City of New York has jurisdiction over civil cases involving amounts up to $25,000 and other civil matters referred to it by the Supreme Court. It includes a small claims part for informal dispositions of matters not exceeding $5,000 and a landlord and tenant/housing part for landlord-tenant matters of unlimited amounts and housing code violations.

IDC releases its ‘Changing New York Agenda’;Dynamic policy package addresses education, housing, jobs and quality-of-life for all New Yorkers

Dynamic policy package addresses education, housing, jobs and quality-of-life for all New Yorkers

The Independent Democratic Conference on Wednesday unveiled the Changing New York Agenda, a comprehensive policy package focused on improving the lives of working- and middle-class New Yorkers across the state.

The dynamic plan shapes policy in six categories: education, employment, housing, providing for families and seniors, criminal justice reform and quality-of-life. This new, bold agenda builds on the IDC’s past visionary plans Invest New York, Affordable New York and A Blueprint for a Better New York to continue to address the most salient issues in the state.

Chief among the IDC’s proposals are:

• College Affordability for All - With ever-rising college tuition costs, increasing Tuition Assistance Program (TAP) awards will help all students who reside in New York obtain a degree. By raising the income eligibility cap from $80,000 to $200,000  thousands more students will benefit from state aid. TAP awards would also become available to any resident, regardless of immigration status.

• Raise the Age - The stain of a criminal record prevents 16- and 17-year-olds treated as adults in the justice system from leading productive lives later on. New York trails behind 48 states that treat teens as juveniles. The IDC will be working with stakeholders to craft legislation to finally raise the age in New York.

• Made by New Yorkers - Manufacturers must stay in the state, but one reason they close up shop, taking away good-paying jobs,  is burdensome property taxes. Currently these firms receive a 20% property tax rebate, which should be increased to 100% to incentivize manufacturers staying here. The IDC also seeks to provide grants for smaller businesses looking to expand in the state and create a new, knowledge exchange program to help businesses connect with experts in the state to advance their ventures. The IDC will  push for Buy American provisions for state contracts, by working to create the Made in America Rating System (MARS) to protect American workers from unfair competition. The IDC also envisions a “Made By New Yorkers” label for products created in the state, with New York State products using the “Made in the USA” standard.

• Accelerate the Phase-in of Foundation Aid - In response to a ruling by State Court of Appeals that New York State had underfunded its primary school system by billions of dollars, the Foundation Aid formula was created in FY 2007-08, however its funding was interrupted by the 2007-09 recession. The IDC proposes making a $1.47 billion investment directly to the Foundation Aid formula, for the first year of a three-year commitment to achieve complete funding.

• Protecting Immigrant Communities - Immigrants are the fabric of New York State. Nearly two-thirds of defendants in the US immigration court system face a judge without legal help because immigrants have no right to counsel. Last year, the IDC secured $250,000 in funding for the Vera Institute of Justice for services and expenses related to assisting detained immigrants facing deportation. The IDC proposes increasing funding to $11.1 million to ensure that all immigrants, regardless of status, have access to legal representation. The $11.1 million in funding represents an increase to New York City of $870,000 and state funding by $3.35 million. By funding legal services for those facing deportation we can ensure that immigrants are afforded due process and equal treatment while eliminating disparities and enhancing the integrity of our current justice system.

• Combatting Homelessness - The homelessness crisis in New York City, in particular, cannot be solved by spending taxpayer dollars to place homeless families and individuals in temporary hotels and motels. The expensive, unstable and sometimes unsafe settings do nothing to solve the crisis. The IDC supports the creation of the Home Stability Support program to subsidize housing for homeless families and individuals, those on the brink of homelessness and families facing domestic violence or hazardous conditions. The program would save taxpayers money, while creating stability for families and individuals by giving them a place to call home.

“New Yorkers want real results and solutions to their everyday concerns. The IDC is going to make a positive change for New York’s working- and middle-class families who struggle to send their children to college through our College Affordability for All plan, make sure our teenagers are treated as such by Raising the Age of criminal responsibility and create good-paying jobs through our Made by New Yorkers vision,” said IDC Leader Jeff Klein.

“The IDC has always changed New York for the better. After finally closing the Gap Elimination Adjustment last year, this session we will work towards accelerating the implementation of foundation aid to fairly fund our schools. Our visionary agenda also seeks to bring good-paying jobs upstate through the Made by New Yorkers program to keep manufacturing jobs here and showcase products made in this state,” said IDC Deputy Leader David Valesky.

“The IDC is a voice for all New Yorkers and I’m especially proud that our agenda advocates for property tax rebates for vulnerable seniors, college affordability for our students and protections for our workers.  When policy can make an impactful change — ensuring a senior can afford to live at home, making sure a student receives tuition assistance and shielding workers from bad actors— it is worth fighting for,” said Senator Diane Savino.

“Each of these proposals have very clear positive impacts for so many communities throughout New York.  From expanding access to affordable higher education to incentivizing manufacturers to stay here through property tax rebates, the IDC policy agenda represents a comprehensive plan to help our economy grow and thrive in the future,” said Senator David Carlucci.

“Our legislative priorities this upcoming session show the IDC’s commitment to investing in New York families who have helped solidify this State as the progressive beacon that it is today. Our commitment to making the State more affordable, more fair, and more prepared for the future shines through in this year’s ‘Changing New York’ agenda. The creation of a Class 1-A for condo and coop owners will result in fairer tax treatment and will keep condos and coops affordable, establishment of a property tax cap in New York City will provide the City with the same tax cap provisions enjoyed by other cities across the State, the IDC’s homelessness package will allow for the creation of more affordable housing units to keep families out of shelters and in their homes, and the ‘Made By New Yorkers’ program will help grow new ideas in the State of New York. It is clear, this session the IDC will invest in our State in ways that most others would not in order to create real, progressive change for our future,” said Senator Tony Avella.

“This year’s ‘Changing New York’ agenda is one that will vastly improve the lives of all New Yorkers.  Important criminal justice policies, like raising the age of criminal responsibility, will have a real impact on our young people, especially in our communities of color. Our No Worker Left Behind proposal will bring justice to car wash workers who have long experienced wage theft in their industry. I look forward to working with my colleagues in the IDC to see the change that these policies will bring,” said Senator Jesse Hamilton.

“As I begin my first legislative session I am excited to get to work on the ‘Changing New York’ agenda that the IDC has put forth. We are ensuring that all young New Yorkers have bright futures by making college more affordable, including undocumented immigrants. At the same time we are protecting our vulnerable immigrant community by providing those in immigration court with legal counsel so that they can have a fair hearing. These are policies that when enacted will make our communities stronger and fairer for all New Yorkers,” said Senator Marisol Alcantara.

Other signature issues include:

• Increasing civil defense funding for housing court litigants - Many tenants who find themselves in housing court are unaware of their rights and lack access to sufficient legal counsel. The IDC will work with legal groups throughout the state to identify the necessary amounts.

• No Worker Left Behind- While home health aides care for our most vulnerable citizens they earn a meager $10.75 an hour and personal care aides make just a little more at $11.73 a hour. Subpar wages in this fast-growing industry have lead to a high-turnover for health care workers, making it hard for consumers to build enduring relationships with their aides. Half the human service workers, like social workers or child care workers, earn less than $15 per hour, even though two thirds require college degrees to work. These workers often use their personal vehicles to commute long distances to meet their clients, without reimbursement. While New York State raised the minimum wage to $15 an hour, it is still an inadequate rate for caregivers. The IDC proposes raising their wages incrementally over six years so their earnings reach above the statewide minimum wage. These workers are paid through Medicaid and it would cost the state $45 million in the first year and by its final implementation $270 million a year. The IDC also proposes making workers hired through the Consumer Directed Personal Assistance Program eligible under the Wage Parity Law so they will be paid at the same rate as other home care workers.

Workers in the car wash industry receive tips differently than in other industries such as restaurants. Because tracking worker hours and tips is difficult and time consuming, workers are subject to wage theft by employers who fail to make up the difference between their wages and tips. Senator Hamilton’s proposal, S.2541, would make car wash workers eligible for the full minimum wage, without the tip credit.

• Enhancing the Senior Citizen Homeowners’ Exemption (SCHE) and Disabled Homeowners’ Exemption (DHE) - The SCHE/DHE programs help senior and disabled residents remain in their homes through exemptions on property taxes. However, the qualifying income limits remain astoundingly low. While income thresholds for similar programs, such as SCRIE/DRIE, were increased by the IDC to help more seniors and disabled tenants, the SCHE/DHE benefit remains at a combined income limit of just $29,000, with a “sliding scale” option for those making over $29,000, but less than $37,400. In order to restore parity between these programs, and reflect the rising cost of living in New York, the IDC would enhance SCHE/DHE by increasing the income limit to $50,000, with the “sliding scale” ceiling being $58,400 for lesser tax relief.

Leaders and experts agreed that the IDC’s plan would change the state for the better.