A.G. Schneiderman Announces Second Major Drug Bust In Surge Initiative, Charges 31 In 217-Count Indictment For Allegedly Operating Finger Lakes-Based Heroin Ring

Multi-Agency Crackdown Leads To Indictment Charging Defendants With Distributing Drugs In NYC And Upstate Counties

Last Month, Schneiderman Launched The SURGE Initiative To Crack Down On Violent Heroin And Opioid Traffickers In Suburban And Upstate New York

Schneiderman: Violent Drug Traffickers Who Have Terrorized Our Neighborhoods Will Be Brought To Justice

  Attorney General Eric T. Schneiderman today announced the arrests and 217-count indictment of 31 members charged with distributing massive quantities of heroin, from New York City and throughout the Finger Lakes Region, including in New York, Bronx, Queens, Schuyler, Tioga, and Tompkins Counties – the second major drug bust in Attorney General Schneiderman’s S.U.R.G.E. Initiative, which targets violent heroin and opioid traffickers in suburban and upstate New York.

As part of “Operation Un-Wise,” state and local law enforcement agents, led by the New York State Attorney General's Organized Crime Task Force (OCTF), and the New York State Police, concluded a five-month investigation into a drug network that was allegedly conducting illicit activities on the streets of the Finger Lakes Region. 

“Today’s arrests should send the message to those terrorizing and dealing death in our communities: we will find you and prosecute you,” said Attorney General Schneiderman. “My office has taken on the devastating heroin and opioid abuse epidemic through a multi-faceted approach, including our S.U.R.G.E Initiative – using every tool at our disposal to crack down on the complex, violent heroin and opioid distribution networks. This epidemic has shattered families and taken far too many lives already, and I am committed to doing everything in my power to hold those responsible accountable.”

A central figure in the alleged heroin distribution network was Arthur “Wise” Erskine. According to the criminal charges, Erskine was an Ithaca-based heroin dealer who purchased heroin from a source in New York City for $56 per gram. Erskine also touted himself as a music promoter for his production company Bandyard Entertainment, and even personally appeared in some of the music videos. Erskine maintained one residence in the Bronx and two houses in the Cayuga Heights neighborhood of Ithaca, which were allegedly utilized for trafficking heroin.  

Also alleged to be central to the heroin distribution network was the mother of Erskine’s children, Aylah “Boogz” Stewart-Boda. Prosecutors allege that Stewart involved her entire family in her heroin trafficking, having her mother, Lynn Boda distribute heroin in Ithaca; her older sister, Myia Boda, sell heroin; and her younger sister, Destiny Boda, mule drugs to other re-sellers.

In early March, Erskine allegedly purchased hundreds of grams of heroin from defendant Jose Polanco, an alleged trafficker, which were then smuggled to Tompkins County. That heroin was laced with Fentanyl and, between March 2, 2017 and March 7, 2017, Tompkins County and Tioga County experienced eight overdose calls for service, including one for the death of Stephanie Dvorak. Ms. Dvorak was allegedly a heroin customer of defendant Zachary Kelly and arranged to meet Kelly during that time period.

On March 12, 2017, members of nine different law enforcement agencies executed search warrants on eight different residences throughout New York State: two locations in Manhattan, one in Queens, four in Tompkins County, and one in Tioga County. Among the items seized during the execution of those search warrants were more than one kilogram of heroin, dozens of grams of cocaine, 14 handguns, one MAC-11 machine pistol, and narcotics-related paraphernalia.  

The indictments, which were unsealed today in Tioga County Court, contain 217 counts, charging 31 people with various Criminal Sale and Criminal Possession of a Controlled Substance (class A, B, C, D felonies) and Conspiracy in the second degree (class B felony) in relation to their involvement in the narcotics trafficking network. Those charged today include:

• Joseph Besemer, 34 years old, of Newfield, NY
• Shaylee Bisgrove, 24 years old, of Ithaca, NY
• Destiny Boda, 25 years old, of Ithaca, NY
• Lynn Boda, 50 years old, of Ithaca, NY
• Myia Boda, 31 years old, of Ithaca, NY
• Corey Bond, 31 years old, of Ithaca, NY
• Stormie Coyne, 39 years old, of Ithaca, NY
• Katie Crapo, 28 years old, of Odessa, NY
• Michael Dawson, 26 years old, of Willseyville, NY
• Arthur Erskine, 40 years old, of Ithaca, NY
• Erica Farrell, 32 years old, of Candor, NY
• Dioremi Feliz, 36 years old, of New York, New York
• Brittany Ford, 28 years old, of Bronx, NY
• Shanakia Gray, 34 years old, of Newfield, NY
• Zachary Kelly, 32 years old, of Bronx, NY
• Yvette King, 40 years old, of Lansing, NY
• Zavierus King, 22 years old, of Lansing, NY
• Johnny Lee, 37 years old, of Ithaca, NY
• Angelo LeGrande, 42 years old, of Ithaca, NY
• Jerica Luoma, 28 years old, of Ithaca, NY
• Eric MacDonald, 32 years old, of Candor, NY
• Dustin Myers, 29 years old, of Ithaca, NY
• Jose Polanco, 38 years old, of New York, NY
• Devon Rose, 19 years old, of Willseyville, NY
• Branden Schmeltz, 22 years old, of Spencer, NY
• Nicole Spence, 43 years old, of Ithaca, NY
• Aylah Stewart-Boda, 25 years old, of Ithaca, NY
• Brandon Stone, 26 years old, of Candor, NY
• Savanna Washington, 26 years old, of Candor, NY
• Justin Westbrook, 25 years old, of Spencer, NY
• Joseph White, 26 years old, of Cortland, NY

This massive takedown and indictment is the culmination of a major investigation, part of Attorney General Schneiderman's ongoing efforts to combat narcotics trafficking and other crimes through his Suburban And Upstate Response To The Growing Epidemic –  known as the S.U.R.G.E Initiative. S.U.R.G.E. is the Attorney General’s new law enforcement effort that brings together the AG’s Organized Crime Task Force and local and state law enforcement to disrupt New York’s widening heroin and opioid distribution networks. Last month, Attorney General Schneiderman announced Operation Bricktown, the first major drug bust as part of the initiative.

“This investigation and the charges brought today against these 31 individuals are evidence of the commitment we share with our law enforcement partners in keeping dangerous drugs off of our streets,” Superintendent George P. Beach II said. “Each day our State Police members see the harmful effects of heroin on individuals, families and our neighborhoods. A drug like heroin destroys communities and puts lives at risk. I applaud our members and our partners for their strong police work. We will continue to work together to make our communities safer and keep harmful narcotics off our streets.”  

“Opioid use is a major problem in Ithaca and Tompkins County, with overdoses an almost daily occurrence, and unnecessary deaths all too frequent. I am pleased that we were able to work with Attorney General Schneiderman’s Organized Crime Task Force to break up this heroin ring,” said Ithaca Mayor Svante Myrick. “I am hopeful that this will slow the flow of drugs and save lives in the immediate term. We are committed to a four-pillar strategy that includes, as we saw today, law enforcement. In the coming months and years we must continue our focus on all four pillars, especially prevention, treatment, and harm reduction.”

The charges contained in the indictment are the result of a five-month joint investigation by the OCTF, the New York State Police and the City of Ithaca Police Department, with the assistance of the Tioga County Sheriff’s Office, the Tompkins County Sheriff’s Office, the NY National Guard Counterdrug Task Force, the United States Marshals Service, Village of Cayuga Heights Police, Dryden Police Department, the Groton Police Department, the Tioga County District Attorney’s Office, the Tompkins County District Attorney’s Office, the Spencer Police Department, the Waverly Police Department, the Broome County Sheriff’s Office, and the Schuyler County Sheriff’s Office.

Attorney General Schneiderman’s Organized Crime Task Force has partnered with state and local law enforcement to bring over 800 accused drug and gun dealers to justice, since 2010. In addition to prosecuting major drug trafficking rings, the Attorney General has taken numerous steps to combat the opioid crisis in New York including but not limited to:

• Creating the Internet System for Tracking Over-Prescribing Act (“I-STOP), an online Prescription Monitoring Program (“PMP”) that enables doctors and pharmacists to report and track controlled narcotics in real time.
• Aggressively enforcing laws that require parity in health plan coverage of mental health and addiction treatment and reaching agreements with five companies: Cigna, MVP Health Care, EmblemHealth, Excellus, and ValueOptions.
• Obtaining settlements with Cigna, Anthem, and BlueCross BlueShield (BCBS), who all agreed to remove prior authorization requirements for medication-assisted treatment (“MAT”) nationwide.
• Reaching agreements with Purdue Pharma and Endo Pharmaceuticals Inc. to ensure that these opioid manufacturers engage in responsible and legal marketing.

The charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law. 

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ENGEL STATEMENT ON COMEY FIRING & TRUMP-RUSSIA SCANDAL

  Congressman Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs, this evening made the following statement:

“The President’s abrupt firing of the official responsible for investigating the Trump-Russia Scandal is one of the most astounding and troubling actions I’ve seen from an American President since Watergate. I had my share of concerns over Mr. Comey’s recent actions as FBI Director, but firing Mr. Comey at the very moment a grand jury was summoning witnesses on the Trump-Russia scandal suggests an agenda of obstruction and obfuscation from the highest levels of the Trump Administration. The White House’s explanation for this firing doesn’t pass the laugh test.

“This action only underscores the need for a special prosecutor and an independent commission to get to the bottom of this scandal. Congress should act quickly to pass the Swalwell-Cummings Protecting Our Democracy Act to establish that commission.”

Senator Klein Honors Community Leader Antonia Figueroa at Annual New York State Women of Distinction Celebration

Senator Jeff Klein honored Antonia Figueroa, Female Democratic District Leader in the 85th Assembly District, at the annual Women of Distinction ceremony in Albany last night.

Since retiring from her 35-year career at Sony Music, Mrs. Figueroa has been actively involved in the local community. She currently serves as Female Democratic District Leader in the 85th Assembly District, but her leadership skills do not stop there. Mrs. Figueroa also sits on the executive committee of the Bronx Democratic County Committee, serves on both the 43rd Precinct and PSA 8 Community Council and is a member of the Neighborhood Advisory Board #9. In the latter position, Mrs. Figueroa helps to identify Community Service Block Grant priorities, which aid in the reduction of poverty and revitalize low income neighborhoods.  

“Antonia Figueroa is one of the hardest working women I know,” said Senator Klein. “Her civic engagement, leadership skills and community devotion are second to none. The Bronx is lucky to have such a brilliant role model and I’m thrilled to present Mrs. Figueroa with this year’s Women of Distinction award.”

“I am humbled and tremendously grateful to have been recognized as a Woman of Distinction,” said Antonia Figueroa. “It is such an honor to be acknowledged by Senator Klein. I could not do what I do without the help of so many women who came before me, stand beside me and learn with me. Behind every successful woman is a tribe of other successful women who have her back.”

Mrs. Figueroa will be featured alongside other honorees in a “Women of Distinction” showcase that will be in place in the Well of the Legislative Office Building in Albany.

ADMINISTRATION FOR CHILDREN’S SERVICES COMMISSIONER DAVID HANSELL JOINED BY NYPD AT FIRST ENHANCED CHILDSTAT HEARING

Restructured CHILD-STAT model emphasizes weekly, rigorous review and deep analysis of critical performance data; focus on accountability at all levels

  Today, the New York City Administration for Children’s Services (ACS) Commissioner David Hansell led the first session of the re-launched CHILD-STAT model at ACS’ headquarters in Lower Manhattan.

Upon being appointed in February, Commissioner Hansell announced his reform vision for ACS, which included an in-depth review of ACS's protective functions and identification of opportunities for closer collaboration with the NYPD, including a deep review of CHILD-STAT to assess its effectiveness. At CHILD-STAT’s re-launch, Commissioner Hansell was joined by Deputy Mayor for Health and Human Services, Dr. Herminia Palacio and NYPD.

“The CHILD-STAT model is vital to improving the functioning of ACS, and fine-tuning our policies and practices. As we re-launch CHILD-STAT, we will continue to modify and improve it as needed to ensure accountability and high-performance throughout our system,” said ACS Commissioner David Hansell. “We will be rigorous and thorough in using data to improve our performance, with the goal of substantive reform.”

“I commend Commissioner Hansell and ACS for launching this enhanced CHILD-STAT model, a critical management tool to support the agency’s mission of protecting New York’s children,” said Dr. Herminia Palacio, Deputy Mayor for Health and Human Services. “I thank Chief Boyce for lending his expertise to this effort and look forward to ACS’s continued collaboration with NYPD as we work to keep children and families safe.”

CHILD-STAT, modeled after the NYPD’s COMP-STAT, is an important tool in strengthening the agency’s focus on performance accountability around child protection, and building a more unified culture of excellence across the agency. Chief Boyce met with Commissioner Hansell in February, and was subsequently appointed to advise CHILD-STAT, bringing with him vast operational experience on the ‘STAT’ model. Similarly, Commissioner Hansell has built a reputation as a proven manager with a data-driven focus on improving outcomes for vulnerable populations on the national, state and local levels.

Data presented during the CHILD-STAT meetings focuses on decreasing repeat maltreatment, with a specific focus on the highest-risk ACS families. Cases presented are randomly selected from a pool of high-risk active cases.

The newly restructured ACS CHILD-STAT launched today features the following major components: 

 ·   An emphasis on weekly, rigorous review of randomly selected high risk cases, including ongoing investigations, and a deep analysis of critical performance data;

· Elevation of CHILD-STAT to include regular participation of executive leadership—Commissioner and senior ACS staff to demonstrate the priority placed on the process;

·    A focus on accountability at all levels of the agency;

·  Continuity from session to session to ensure that change results from each meeting; and

·  Building a more unified culture of excellence in practice that reaches across the five boroughs;

The ACS Commissioner, First Deputy Commissioner, additional Deputy Commissioners, and the Senior Advisor for investigations will serve as panel members, posing questions for presenters.

CHILD-STAT meetings will broadcast to Borough Offices via closed-circuit video for Borough Commissioners and frontline staff to hear from their peers and facilitate a discussion regarding each meeting.

All members of the Commissioner’s Executive Cabinet – both program and administrative – are expected to attend in person.  At the conclusion of each ChildStat meeting, a summary of derived actions will be announced.

MAYOR DE BLASIO SIGNS LEGISLATION TO BETTER PROMOTE TRANSPARENCY, EQUITY AND SAFETY FOR ALL NEW YORKERS

Signs legislation to disclose bedbug infestations, study how to bring increased transit to less well-served communities, and allow the City to begin to modernize the VENDEX procurement process

  Mayor Bill de Blasio today held public hearings for, and signed, fourteen pieces of legislation into law. Intro. 648-A requires landlords to post a record of bedbug infestations in their buildings and provide any tenant signing a lease with bedbug history; Intro. 891-A gives businesses the option to be informed by text or email if they receive a 3-1-1 complaint; Intro. 1311-A requires DOT to notify NYPD and FDNY about resurfacing; Intro. 965-A requires DOT to create a citywide transit study. In particular, focusing on how to bring increased transit to less well served communities; Intro. 1254-A requires that information about college savings plans be sent home with Pre-K students and requires DOHMH to send this information to families within 3 months of a birth; Intro. 1224-A increases the types of contracts that require vendors to fill out questionnaires; Intro. 1271-A requires vendors to submit information to VENDEX digitally; Intro. 1324-A requires MOCS to post information about City of New York contracts and contractors online; Intro. 81-A requires DOB to notify OSHA about Construction Code violations that may endanger workers; Intro. 1433-A requires DOB to list online incidents that have occurred on a construction site; Intro. 1448-A, requires construction superintendents for all major projects at buildings over three stories; Intro. 1421-A requires certain types of complex cranes to have GPS or other locating devices or for DOB to be notified when these cranes are moved on or off a work site; Intro. 1435-A requires certain cranes to be equipped with data-logging equipment to record operations & work conditions; Intro. 1446-A requires Class-B hoisting machine operators to get a license rating to use cranes with a long boom or jib configuration.

“Today we have a mix of bills that improve transparency and public access to information, help create a more equitable and accessible city, increase construction safety, as well as bills involving the web portal used by vendors who do business with the City of New York,” said Mayor de Blasio. "I would like to thank Council Speaker Melissa Mark-Viverito and the sponsors of these bills for continuing the fight for transparency, equity, accessibility and safety for all New Yorkers."

The first bill, Intro. 648-A requires landlords to disclose bedbug infestations in their buildings and provide any tenant signing a lease with bedbug history. 

The second bill, Intro. 891-A gives businesses the option to be informed by text or email if a 311 complaint is issued for the address of their building.

The third bill, Intro. 1311-A requires DOT to notify NYPD and FDNY about resurfacing.

The fourth bill, Intro. 965-A requires DOT to create a citywide transit study. In particular, focusing on how to bring increased transit to less well served communities.

The fifth bill, Intro. 1254-A requires that information about college savings plans be sent home with Pre-K students and requires DOHMH to send this information to families within 3 months of a birth.

The sixth bill, Intro. 1224-A increases the types of contracts that require vendors to fill out questionnaires.

The seventh bill, Intro. 1271-A requires vendors to submit information to VENDEX digitally.

The eighth bill, Intro. 1324-A requires MOCS to post information about City of New York contracts and contractors online.

  "Today's bills will help vendors shift time from managing paper submissions to delivering services to New Yorkers. We look forward to our partnerships with the City Council, especially Chair Rosenthal, creating many more opportunities to introduce procurement innovations." said Director Michael Owh, Mayor’s Office of Contract Services.

The ninth bill,  Intro. 81-A requires DOB to notify OSHA about Construction Code violations that may endanger workers.

The tenth bill, Intro. 1433-A requires DOB to list online incidents that have occurred on a construction site.

The eleventh bill, Intro. 1448-A, requires that contractors retain construction superintendents for all major projects at buildings over three stories.

“We’re grateful for the Council’s partnership on construction safety. The law requiring construction superintendents for all major projects at buildings over three stories will expand safety supervision to an additional 2,300 higher-risk sites citywide. This measure, along with the crane-safety bills signed today, will enshrine in law safety enhancements that DOB has been implementing through regulation. We look forward to working with the Council on additional legislation to improve construction safety and hold accountable bad actors in the construction industry,” said Buildings Commissioner Rick D. Chandler, PE.

The twelfth bill, Intro. 1446-A requires Class-B hoisting machine operators to get a license rating to use certain cranes.

The thirteenth bill, Intro. 1421-A requires certain cranes to have GPS or other locating devices or for DOB to be notified when these cranes are moved on or off a work site.

DA VANCE: LANDLORD SENTENCED TO 3-to-6 YEARS IN PRISON FOR WIDESPREAD BRIBERY SCHEMES INVOLVING CITY EMPLOYEES

  Manhattan District Attorney Cyrus R. Vance, Jr., announced the sentencing of HERMAN EPSTEIN, 37, to 3-to-6 years in state prison for bribing a New York City Department of Buildings (“DOB”) employee to remove stop work orders, complaints, and violations associated with properties owned by or affiliated with the defendant. On February 7, 2017, the defendant was convicted by a New York State Supreme Court jury of the sole count in the indictment against him, Bribery in the Third Degree.

  “Herman Epstein is a serial briber who has shown time and again that nothing—including criminal convictions—will stop him from cutting corners to make a profit,” said District Attorney Vance. “In this case and previous ones, he did not hesitate to pay for favors, ignore safety regulations, flout the law with seeming impunity, and even use aliases in an attempt to disguise his dishonest conduct. The construction industry in New York City is experiencing a historic boom, with construction spending projected to top $42 billion this year. This unprecedented demand comes with enormous economic incentives to build quickly, which unfortunately, can invite corruption. ‘Pay-to-play’ culture within government agencies not only compromises the integrity of these important institutions, but endangers our entire city by allowing potentially unsafe buildings to secure rubber-stamp inspections.” 

  “I thank my Office’s Rackets Bureau and our partners for their assistance putting an end to this widespread corruption. We will continue to collaborate to ensure the integrity of New York City agencies and fair competition in our housing and real estate development markets.”

  New York City Department of Investigation Commissioner Mark G. Peters said, “This investigation demonstrates the undeniable link between corruption and public safety. With just a bribe to a DOB inspector, this property owner had building code violations erased from the system, potentially endangering the safety of New Yorkers and compromising the integrity of the construction taking place. DOI and our partners, like the Manhattan District Attorney, remain committed to pursuing those who cut corners and engage in criminal conduct in the City’s construction industry.”

STATEMENT FROM NEW YORK CITY DEPARTMENT OF INVESTIGATION (“DOI”) COMMISSIONER MARK G. PETERS

   A DOI investigation has revealed that members of Department of Correction (“DOC”) staff, including Deputy Commissioner for the Investigation Division and Correction Intelligence Bureau Gregory Kuczinski, engaged in unauthorized surveillance of DOI undercover operations. Specifically, over a period of months this year, DOC staff, including at the direction of DC Kuczinski, used DOC technology to listen to calls placed between DOI and certain confidential informants. DOI’s investigation demonstrated that this was not inadvertent, but that DOC staff deliberately targeted DOI investigators for surveillance, and that they continued the surveillance even after written directives that such surveillance was to end. City rules expressly prohibit surveillance by DOC of calls made to DOI investigators. None of the DOC staff were able to provide a coherent explanation for this misconduct. DOI is particularly concerned that there was a renewal of this activity, directed by DC Kuczinski, immediately after he and other senior staff were informed that DOI was preparing a Report on their improper use of City vehicles. Our investigation provided no alternative explanation that would suggest this timing was coincidental. 

  We have sent a letter describing those findings to Mayor de Blasio. Because the letter contains significant technical information about security operations, we will not be making the letter available at this time beyond the summary of findings above. However, we note that the letter contains the following five recommendations, each of which the Mayor’s office has now agreed to implement immediately: 

  All members of DOC that are tasked with listening to inmate calls must immediately be retrained. This investigation determined that DC Kuczinski did not know the rules and at no time provided training or guidance on these rules to his staff. 

  DOC’s current organizational structure for telephone monitoring must immediately be overhauled to ensure sufficient safeguards are in place and DOI investigations are not further compromised. 

  DC Kuczinski must be terminated from his current position. His failure to demonstrate sound judgment in this matter raises concerns about his ability to oversee the Investigation and Intelligence Divisions, two crucial units to DOC operations. 

  DOC must sign a Memorandum of Understanding dictating that a newly created “Telephone Monitoring Unit” be under the direct supervision of DOI. 

 In order to make sure that similar problems do not occur at any agency, the Mayor should send a memo to all agency heads and agency general counsel reviewing the City rules mandating cooperation with DOI.

  I want to thank City Hall for taking this issue of improper surveillance by DOC seriously and for acting quickly to resolve the problems. Interference, by anyone, with a DOI investigation is a very serious matter that will not be tolerated. In particular, surveillance of DOI activities in the City’s jails by the very agency DOI is investigating, not only compromises investigations but can potentially put the lives of investigators, correction officers, inmates and others at risk.