Eight Defendants Charged In Manhattan Federal Court With Bank Fraud And Mail Theft Conspiracy In The Bronx

  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”), today announced the unsealing of an Indictment charging a total of eight defendants with engaging in mail theft and bank fraud conspiracies in the Bronx, New York. Five defendants were arrested today, and two defendants remain at large; the eighth will voluntarily appear later this week for arraignment. The five defendants who are in custody will be presented and arraigned before U.S. Magistrate Judge Sarah Netburn later today. The case is assigned to U.S. District Judge Gregory H. Woods.

Manhattan U.S. Attorney Preet Bharara said: “These eight defendants allegedly hatched a scheme to steal mail from Bronx residents, specifically targeting mail they thought would contain checks or money orders, then depositing stolen funds into their own and others’ accounts. Now, thanks to the work of the U.S. Postal Inspection Service, these alleged mail fraudsters have been delivered to the criminal justice system.”

USPIS Inspector-in-Charge Philip R. Bartlett said: “When I think of the brazenness of these individuals to allegedly steal U.S. Mail coupled with their total disregard for the financial well-being of the communities impacted by their crimes, it takes the word insolent to new heights. Let today’s arrests serve as an example to those who believe they can steal from the US Postal Service and get away with it. Postal Inspectors and their law enforcement partners will find you, arrest you and bring you to justice for your crimes against the US Postal Service and their customers. That is something you can take to the bank.”

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

Since 2015, USPIS and other local and federal agencies, including the New York City Police Department (“NYPD”), Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, have been investigating mail theft from mailboxes in the Bronx, New York. The investigation has revealed that individuals steal mail by either illicitly obtaining mail box keys or by “fishing.” Fishing involves inserting homemade mail theft devices into mailboxes located on street corners or other publicly accessible places. After gaining access to the mail in the mailbox, a thief typically will remove any mail that appears to contain checks or money orders. During the beginning and end of the month when many people mail checks for rent and bills, a thief can steal checks worth tens of thousands of dollars in a single night.

After perpetrators fish checks and money orders out of mailboxes, they sell the checks and money orders to others, remove the payees’ names by “washing” the checks and money orders, or simply deposit the checks and money orders into a bank account. In various iterations of the scheme, those bank accounts have belonged to the mail thieves, to complicit accountholders, or to unsuspecting third parties whose debits cards or personal identifying information has been stolen.

Since late 2015, USPIS and NYPD enforcement operations have resulted in over 50 state arrests of individuals in an area of the Bronx in the vicinity of Claremont Park for theft of mail, and over $750,000 in checks and money orders has been traced to these mail theft schemes. Between May 2015 and at least January 2017, BRIAN MARTE, a/k/a “Trini Rabiia,” ERICKSON BATISTA, a/k/a “Niike Batista,” JUNIOR TAVERAS, a/k/a “Tuh Relambio,” ANGEL ARISTY, a/k/a “Frekiitho Lindo Colon,” LUIS ROSADO, a/k/a “El Menolsito Tejada,” EOSCATERYS POLANCO, BRAYAN RODRIGUEZ, a/k/a “New Black El Paisano,” and RONARDO BAEZ, a/k/a “Tuchokoo Baez,” the defendants, each participated in these related schemes to steal mail and deposit stolen checks and money orders using other individuals’ debit cards.

Each of the defendants is charged with one count of conspiracy to commit bank fraud, which carries a maximum sentence of 30 years in prison; one count of conspiracy to commit mail theft, which carries a maximum sentence of five years in prison; and one count of aggravated identity theft, which carries a mandatory consecutive sentence of two years in prison. MARTE is also charged with one count of mail theft, which carries a maximum sentence of five years in prison. The charges also carry a maximum fine of $1 million, or twice the gross gain or loss from the offense. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge.

A chart containing the names, ages, and residences of the defendants is below.

Mr. Bharara praised the outstanding investigative work of the United States Postal Inspection Service, Homeland Security Investigations, the New York City Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

These cases are being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Catherine Geddes and Stephanie Lake 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.

NAME	AGE		RESIDENCE
Brian Marte	20		Bronx, NY
Erickson Batista	24		Bronx, NY
Junior Taveras	19		Bronx, NY
Angel Aristy	18		Bronx, NY
Luis Rosado	19		Bronx, NY
Eoscaterys Polanco	23		Bronx, NY
Brayan Rodriguez	23		Bronx, NY

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

After City’s Shelter Announcement, Senator Klein Introduces New Legislation to Give Communities a Louder Voice in Shelter Placement

Legislation would ensure that communities are given advance notice of hotel use; and lengthen period of review for permanent homeless shelters

State Senator Jeff Klein today introduced legislation to require greater transparency of the placement of permanent and temporary homeless shelters.

“While the announcement by Mayor de Blasio to phase out cluster sites and hotels from use in the shelter system, which are often dangerous and unsanitary, is a step in the right direction, the city still fails to fully address concerns coming from communities. This plan includes no advance notification to officials or community boards when hotels and motels are planning to be used, and only 30 days prior to the opening of a permanent shelter for a hearing. Residents want a bigger role in this process and deserve to be heard because they know their communities best,” said Senator Klein.

“Since hotel-to-homeless shelter conversions began popping up in my district, I urged Mayor Bill de Blasio and his Department of Homeless Services to implement a process to notify affected communities throughout the city, as well as to seek their input. Under the Mayor’s new plan to combat the homelessness crisis, he again ignores common sense proposals, offering only vague notions of engaging communities and their elected officials. This is inadequate. The concerns of my constituents have been continuously neglected by the administration, and I am proud to now offer this legislation with my colleagues that will bring about a real solution to this ongoing problem,” said Senator Jose Peralta.

“Community members should have the ability to voice their concerns when the city chooses that area for a homeless shelter. The legislation we are introducing today will answer a number of concerns city residents have raised about the city’s homelessness plan. Be it a temporary or permanent shelter community involvement is vital for the success of any program that hopes to curb homelessness in our city,” said Senator Diane Savino.

“I applaud Mayor De Blasio's efforts to address this city’s housing crisis through the use of permanent city facilities instead of expensive and poorly-maintained private apartments and hotel rooms. However, communities deserve the chance to have advance notice and a robust input process before a facility is placed in their neighborhood. The enhanced standard in this bill will make sure that the new shelters are well-integrated into their new communities and designed with the particular needs of each community in mind,” said Senator Marisol Alcantara.

“This legislation provides important guarantees to neighborhoods for transparency, adequate notice, and community input as to new homeless shelters and use of hotels as temporary shelters. We need to be sure to have an inclusive process that takes on board the perspectives of on-the-ground  experts, local elected officials, and neighborhood residents. Every community must take its fair share of the responsibility to assist homeless New Yorkers, and every community deserves to have an open dialogue about how it will take that responsibility forward,” said Senator Jesse Hamilton.

“Mayor de Blasio has continuously failed to provide communities in New York City with adequate information on the placement of homeless shelters. Residents need know what is going on in their neighborhoods and have a say in the process when they have concerns. This legislation adds accountability to the process and ensures that when any shelter is planned the community members are made aware and it is safe for families staying there,” said Senator Tony Avella.

“Good government demands open communication among community members, elected officials, service providers and other stakeholders in the face of difficult challenges, including our efforts to find effective solutions to housing the homeless,” said Senator Joseph P. Addabbo, Jr..  “If we are to provide the best possible housing and assistance for people who are in desperate need of shelter and services, notifying and working cooperatively with local communities is not only key, but absolutely necessary.”

Under the new Senate proposal, communities would have a greater amount of input on the placement of shelters within their communities than by those announced by the Mayor’s Office. Rather than community notification 30 days prior to the opening of a permanent shelter, the proposal gives communities notice 45 days before the Mayor’s Office of Contract Services hearings. The legislation would also empower local community boards to request public hearings on a shelter. DHS would be required to modify its proposal based on reasonable concerns from such hearings.

For temporary shelters the proposal requires notification one week from the city’s use of the hotel as a shelter and requires DHS perform inspections to ensure sites are safe and free of violations. They must also maintain a publicly available list of these sites. The legislation also requires a quarterly report from DHS on the use and proposed use of these sites to be submitted to local elected officials. Because many times hotels are used for weather related emergencies, the legislation allows for 48 hour post placement notification in the event of an emergency situation.

In January, Senator Klein and the Independent Democratic Conference released a report on the conditions of cluster and hotel sites used to house homeless families in New York City. The report listed the top ten worst offenders in both categories, with sites that had violations for issues such as rodent and roach infestations, mold, lead paint, unlawful cooking areas and failure to install smoke and carbon monoxide detectors.

Senator Klein has previously introduced similar legislation to require community notification of shelter placement that has passed in the State Senate.

102 HOUSE MEMBERS TO TILLERSON: RESIST TRUMP’S INTERNATIONAL AFFAIRS BUDGET CUTS

Ranking Member Engel Leads Effort to Protect American Diplomacy & Development

   Representative Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs, today announced that a group of 102 House Democrats is calling on Secretary of State Rex Tillerson to push back against the Trump Administration’s dangerous and short-sighted budget cuts reportedly planned for American diplomatic and development efforts.  In a letter to Secretary Tillerson, the lawmakers decried thereported aim to cut the international affairs budget by 37 percent and underscored the importance of diplomacy and development in enhancing American security and advancing American interests.

“With instability and turmoil on the rise around the world, our international affairs efforts address the root causes of conflict and crisis.  Our diplomats settle disputes over conference tables and in quiet conversation so that they don’t need to be settled with bombs and bullets. Our development initiatives help countries lift themselves up, because areas mired in poverty often become hotbeds for instability and violence. This work also shows the world that the United States believes in opportunity, equality, and the rule of law for all people. As Ronald Reagan said, ‘America is a shining city upon a hill whose beacon light guides freedom-loving people everywhere.’  Those are the values we must continue to project across the world,” the members wrote.

“If we gut our foreign affairs budget, we signal that another country—maybe one with different values and priorities—can take center stage when it comes to global leadership.  And as far as preventing conflict and defusing crises, we’re saying that we’ll take our chances down the road.  We’re telling our sons and daughters that they may find themselves in harm’s way tomorrow at tremendous cost, because we’d rather not pay pennies on the dollar today to make the world safer.”

Text of the letter follows and a list of the members signing the letter can be found here.

The Honorable Rex W. Tillerson

Secretary of State

U.S. Department of State

Washington, DC 20520

Dear Mr. Secretary:

The Trump Administration is reportedly planning a 37 percent cut to the international affairs budget in Fiscal Year 2018. This massive reduction will undermine our diplomatic efforts and make the American people less safe. We urge you as our top diplomat to stop the White House from making these draconian and short-sighted cuts.

A month into your tenure, we hope you’ve had the opportunity to see firsthand the vital work our diplomats and development experts do to advance our national security.  In your prior career, you no doubt learned that long-term goals and interests require sustained engagement and relationship building.  For generations, there has been widespread recognition that our alliances, partnerships, and connections with countries and people around the world require the enduring, persistent, and tireless efforts and proper resourcing of the State Department and USAID.  It's hard work to protect our country, strengthen ties with other nations, enhance stability across regions, and help build healthier more productive communities. It demands sustained, deep expertise, and an investment in resources.

It’s worth it.

With instability and turmoil on the rise around the world, our international affairs efforts address the root causes of conflict and crisis.  Our diplomats settle disputes over conference tables and in quiet conversation so that they don’t need to be settled with bombs and bullets.  Our development initiatives help countries lift themselves up, because areas mired in poverty often become hotbeds for instability and violence.  This work also shows the world that the United States believes in opportunity, equality, and the rule of law for all people. As Ronald Reagan said, “America is a shining city upon a hill whose beacon light guides freedom-loving people everywhere.”  Those are the values we must continue to project across the world.

On February 27th, 120 retired three-star and four-star generals and flag officers from our country’s armed forces sent a letter to House and Senate leaders urging them to “ensure that resources for the International Affairs Budget keep pace with the growing global threats and opportunities we face.” We could not agree more.

If we gut our foreign affairs budget, we signal that another country—maybe one with different values and priorities—can take center stage when it comes to global leadership.  And as far as preventing conflict and defusing crises, we’re saying that we’ll take our chances down the road.  We’re telling our sons and daughters that they may find themselves in harm’s way tomorrow at tremendous cost, because we’d rather not pay pennies on the dollar today to make the world safer.

Now more than ever, we must make smart investments in diplomacy and development. Buying more weapons simply isn’t enough to address the numerous challenges we face, from violent extremism, to nuclear proliferation, to climate change, to global health, to international illiteracy, or Vladimir Putin’s aggressive efforts to undermine our democracy.

We urge you to make every effort to counter White House efforts to slash support for diplomacy and development.

Thank you for your attention to this urgent matter.

IN JANUARY, MAYOR’S PUBLIC ENGAGEMENT UNIT ENROLLED 14,028 NEW YORKERS IN HEALTH INSURANCE

Thousands of New Yorkers May Still Be Eligible to Enroll for 2017 Coverage

Mayor Bill de Blasio’s Public Engagement Unit today announced that the GetCoveredNYC initiative enrolled 14,028 New Yorkers during the month of January. This new initiative contributed to the city’s overall increase in health insurance enrollment – 2,004,349 million New Yorkers enrolled through the New York State of Health Marketplace, which was an increase of 386,052 from the previous open enrollment period. In addition, all five boroughs saw an increase in enrollment with the largest increase in Queens. Although open enrollment closed on January 31, many New Yorkers may still qualify for low and no-cost health coverage for 2017. PEU’s GetCoveredNYC team continues to knock on doors, make phone calls and host outreach events in neighborhoods across the city to engage New Yorkers, schedule them for in-person enrollment appointments and help them through every step of the enrollment process.

Single adults who earn up to $23,760.00 per year, couples and single parents of one child who earn up to $32,040.00 per year and adults in a family of four who earn up to $48,600.00 per year qualify for the Essential Plan. All children up to age 18, regardless of immigration status, qualify for Child Health Plus. Single adults who earn up to $16,394.40 per year, couples and single parents who earn up to $22,107.60 per year, pregnant women who earn up to $35,524.00 per year and adults in a family of four earning up to $33,534.00 per year qualify for Medicaid. Individuals and families who have experienced a qualifying life event—such as giving birth to a baby, adopting a baby, moving to a new county, getting married, loss of coverage, exhaustion of COBRA, placement in foster care, aging out of family plan, getting pregnant, change in salary, change in immigration status or loss of employer coverage—all have access to the Qualified Health Plan. 

The City provides free in-person enrollment assistance in all five boroughs. For a list of enrollment locations, call 929-252-8912 to speak with a GetCoveredNYC specialist or text CoveredNYC or SeguroNYC to 877877 or visit NYStateofHealth.ny.gov to enroll online. In addition, PEU’s GetCoveredNYC Team will be available to help at the following locations:

The Bronx

Wednesday, March 8

11 A.M. - 3 P.M.

Assemblyman Blake’s Office

780 Concourse Village West

Bronx, NY 10451

   

Brooklyn

Wednesday, March 8

9 A.M. - 5 P.M.

Mermaid Family Health Center

2714 Mermaid Avenue

Brooklyn, NY 11224

Thursday, March 16

2 P.M. – 6 P.M.

State Senator Persaud’s Office

1222 East 96^th Street

Brooklyn, NY 11236

Bronx Borough President - REMINDER: RSVP for the African-American History Month Celebration

Assemblyman Mark Gjonaj - Women of Distinction 2017

Save the Date!

Assemblyman Mark Gjonaj  celebrates  Women's History Month In honor of the outstanding women in our district, the Assemblyman will be hosting the 3rd Annual Women of Distinction Breakfast Saturday, March 18th,2017 10:00am - 12:00pm F&J Pine Restaurant 1913 Bronxdale Avenue Bronx, NY 10462   RSVP is Mandatory For questions, please call 718-409-0109.

Dinowitz Calls on City to Review Bronx Half Mile of Danger

   Bronx Assemblymember writes to city Department of Transportation urging reexamination of dangerous half-mile stretch of West 230th Street in Kingsbridge, site of 131 independent accidents in 2016

Request follows recent inquiry into traffic conditions at Tibbett Ave and West 230th Street, entry point for nine local schools including 5,000-student John F. Kennedy campus

In response to reports showing a large concentration of accidents along a half-mile stretch of roadway leading to the Major Deegan Expressway in the Kingsbridge section of the Bronx, New York State Assemblymember Jeffrey Dinowitz is calling on the NYC Department of Transportation (DOT) to conduct safety studies of the dangerous thoroughfare. This follows a recent request by Dinowitz to install additional traffic lights at an intersection on West 230th Street that serves as an entrance to nine local schools.

"Residents from all over the Bronx use West 230th Street to gain access to the Major Deegan and many of them deal with this hazardous situation daily," said Assemblymember Jeffrey Dinowitz. "With so many accidents happening along this corridor, the city needs to take steps to ensure the safety of drivers and pedestrians."

In a letter this week to DOT Bronx Borough Commissioner Nivardo Lopez, Assemblymember Dinowitz called for a reexamination of West 230th Street between Riverdale and Bailey Avenues on the border between Kingsbridge and Marble Hill. Dinowitz cited data from the NYPD's Vehicle Collision Data Reports showing that 131 independent accidents involving more than 250 vehicles occurred at intersections along the half-mile stretch in 2016. Nearly half of these collisions took place at the intersection of Broadway and West 230th Street, the letter noted.

Dinowitz attributed the statistics at least in part to the opening of the 133,000 square-foot Broadway Plaza mall in 2014. According to Dinowitz, the increased traffic from private motorists and commercial trucks, coupled with confusing street configurations in around the mega-center on Broadway, are adding to congestion on the roadway.

This latest request follows an earlier recent inquiry by Dinowitz into traffic signals at the intersection of West 230th Street and Tibbett Avenue. According to a letter sent to Borough Commissioner Lopez on February 3rd, Dinowitz requested the installation of a left-turn signal to allow westbound vehicles to turn onto Tibbett from West 230th Street.

In making the request, Dinowitz noted that nine schools in the area use Tibbett Avenue as an entry point during the school day. These include In-Tech Academy MS/HS 368, PS/MS 37, and the seven schools on the John F. Kennedy campus, a facility with a joint student population of over five thousand. This prompted parents, faculty and staff to contact Dinowitz's office to make the request for the turn signal. For Dinowitz, both the traffic signal request and the overall review of conditions on West 230th Street are an important part of ensuring the safety of Bronx commuters.

"Our borough is so limited in public transportation options that driving is a fact of life. We need to ensure that commuters can get safely from point A to point B," concluded Dinowitz.

Testimony of Bronx Borough President Ruben Diaz Jr. Before the City Council Oversight Committee

RE: School Planning and Siting for New Capacity 

February 28, 2017

 

Good morning.

With the formation of a mayoral commission on school overcrowding, we can do a better job at school planning and siting.

The February 2017 proposed capital plan does not fund a sufficient number of seats, and this is a problem for both The Bronx and for New York City. There are thousands of “unfunded seats” in The Bronx alone, a borough with an educational system in need of better solutions. Not only does the number of funded seats not meet the Department of Education  (DOE)’s own stated needs, the methods for assessing need as well as the school siting process must be rectified. The current school planning and siting process is denying our students the opportunity for success they deserve. 

Our educational system is failing our students. Just 37 percent of students citywide graduate on time and meet CUNY college readiness standards in reading and math. 

The graduation rate for The Bronx is only 63 percent. We must seek better methods to educate our youth. One such widely accepted method is reducing class sizes and overcrowding in schools.  To do this, we need to change the School Construction Authority’s (SCA)’s and the DOE process, which has multiple serious flaws.

Overcrowding and too-large classes evince the failure of the current system. 

School overcrowding is a rampant problem.  A recent analysis found the following: School districts 8, 9, 10 and 11 in The Bronx all average over 100 percent capacity while District 12 was at 99 percent, according to the School Construction Authority. 

Many local schools in District 7 were also very overcrowded. P.S. 163 in District 9, with a population of  99 percent free lunch students, 98 percent Black and Latino students, and 33 percent English language learners was at an incredible 213 percent of capacity. 

The School Construction Authority has acknowledged, including before the Bronx Borough Board, that school overcrowding is a pervasive and ongoing problem and that we need to fund substantially more seats. Further, the DOE’s own projected need for seats demonstrates that New York City needs tens of thousands more seats than those approved in the capital plan. Prompt action is needed on this issue, especially in light of the increasing population density in New York City and the City’s affordable housing goals which would further increase density. 

Students are crammed into large classes throughout the city. Notably, an analysis found that more than 55,000 Bronx students were sitting in classes of 30 or more students. We know that smaller class sizes that allow for more individualized attention and participation and more physical space to provide resources makes a difference in educating students.  So, why not make every effort to provide the best education we can in our public schools? 

Bronx schools enroll a disproportionately high number of low-income students, children of color, and recent immigrants to this country.  At the same time, these students are crammed into classes with student-teacher ratios in substantial violation of the current teachers’ contract and into overburdened schools. These conditions make it extremely difficult for teachers to provide students with the close attention and support they need to learn and succeed.

The research is crystal clear that smaller classes are better for our children. They launch students, especially disadvantaged children, on a far better trajectory in life, offering them a significantly higher chance of graduating from high school on time and attending college. Yet, the needed classroom space is lacking.

To address the issues arising from new development, triggers for requirements to build more seats in a given district should better account for the proximity to capacity at which the school already stands. Currently, when rezoning occurs, building a new school in a community only has to be considered when the project is both predicted to increase school overcrowding by at least five percent and when the utilization rate is at or over 100 percent.  

A better approach that should be explored is that when a school has already exceeded capacity, any incremental increase should trigger further review. In other words, thresholds must better account for where a school is with regard to capacity prior to the rezoning. New construction is likely to exacerbate school overcrowding to even more critical levels, especially without a concurrent strategy to address the need to build schools along with new housing.

The current policies and practices with regard to school planning and siting are faulted. 

According to an analysis, the SCA has only three people on staff citywide looking for sites, and only one real estate firm on retainer per borough and fails to “cold call.” This low staffing level and deviation from common real estate practice may be a cause of the lack of alacrity with which they site and build schools. Multiple recent amendments of the five year capital plan were months overdue.

Further evidence of dysfunction is that in February 2014, SCA allocated $490 million to create an additional 4,900 seats under a new “class size reduction” program and took two years to identify any projects for the program. Still, this program has only identified three school expansion projects. We must improve the dilatory practices of the SCA to promote efficiency. 

This August, I wrote a letter to Mayor de Blasio urging him to form a commission on the school planning and siting process to address the aforementioned issues.  We look forward to action on this issue.

I once again urge the formation of a mayoral commission to reform the school planning process, with representation from the Borough Presidents, the City Council, advocates, parents and experts in the areas of school planning and construction.  For the future of The Bronx and the city, we must do better to create optimal learning environments for students. 

The above faults with DOE and SCA’s school planning and siting process underscore the need for the formation of a commission to rectify all the above issues. Together, we can do better at reducing class sizes, eliminating overcrowding, and providing new seats in our schools.

Thank you.

Bronx Borough President

Ruben Diaz Jr.