10 Members Of Bronx Drug Trafficking Organization Charged With Distributing Thousands Of Pounds Of Marijuana Worth Over $22 Million

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the New York Division of the Drug Enforcement Administration (“DEA”), James D. Robnett, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), Angel M. Melendez, the Special Agent in Charge of the New York Field Office of Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an Indictment charging HALLIL TABAR, ASMIN HERNANDEZ, JOHN MUNOZ-GARCIA, JAIRO CIENFUEGOS, WILLIAM BAEZ, HENRY RODRIGUEZ, DANNY HANNAH, JR., KEVIN UMEJEI, and STARLY HERNANDEZ with conspiracy to distribute marijuana, and a Complaint charging LORNE VICTORIA with conspiracy to distribute marijuana and use of a firearm in furtherance of drug trafficking.  Nine of the defendants were arrested yesterday and presented before United States Magistrate Judge Sarah Netburn in Manhattan federal court, and STARLY HERNANDEZ was arrested this morning and will be presented before Judge Netburn later today.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As alleged, these defendants conspired to ship millions of dollars’ worth of drugs across the country for eventual sale in New York City.  Searches of apartments where the defendants allegedly resided uncovered guns and ammunition, multiple kilograms of cocaine, hundreds of pounds of marijuana, and thousands of dollars in cash.  Drug trafficking organizations endanger public safety, and today’s multi-agency effort has successfully halted another such alleged organization.”

DEA Special Agent-in-Charge James J. Hunt said:  “Yesterday’s arrests were part of ‘Operation Green Giant’, a Strike Force investigation targeting an organization allegedly reaping millions off the sale of marijuana in New York City.  The alleged operation traversed the country with $22 million worth of marijuana sent to our city and the profit laundered back to California.  I commend the good work of the Strike Force, Southern District of New York and our law enforcement partners on these arrests and dismantlement.”

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

The defendants are members of a Bronx-based large-scale drug trafficking organization (the “DTO”) that shipped hundreds of boxes containing thousands of pounds of marijuana from California to various locations in New York.  Between at least March 2016 and the present, the DTO trafficked in over 6,600 pounds of marijuana worth approximately $22 million, which was sent to residences and businesses in Manhattan, the Bronx, and New Rochelle.  After the drugs were shipped to New York, the defendants transferred multiple boxes of marijuana per week to several stash houses from which the DTO members further distributed the drugs to customers and dealers.    

In connection with yesterday’s arrests, law enforcement agents executed search warrants at 12 locations in the Bronx, including apartments occupied by several of the defendants.  During the execution of those search warrants, agents recovered, among other items, three handguns, one sawed-off shotgun, ammunition, multiple kilograms of cocaine, hundreds of pounds of marijuana, and thousands of dollars in cash.  DEA agents previously seized over $230,000 in cash from TABAR on October 14, 2017, at San Francisco International Airport.

           

Charts setting forth the names, ages, charges, residences, 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 sentencings of the defendants will be determined by the judge.

Mr. Kim praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the NYPD, HSI, the New York State Police, IRS-CI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.  The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative and part of the Organized Crime Drug Enforcement Task Force (“OCDTEF”) program.

This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Catherine Geddes and Nicholas Folly are in charge of the prosecution.

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

United States v. Hallil Tabar et al. &

United States v. Lorne Victoria

CHARGE	DEFENDANTS	MAX. PENALTIES
Conspiracy to Distribute Narcotics     21 U.S.C. §§ 846 and 841(b)(1)(A)	HALLIL TABAR,    JAIRO CIENFUEGOS,   WILLIAM BAEZ,   HENRY RODRIGUEZ,   DANNY HANNAH, JR.,   STARLY HERNANDEZ,  and   LORNE VICTORIA	Life in prison with a mandatory minimum of 10 years in prison
Conspiracy to Distribute Narcotics   21 U.S.C. §§ 846 and 841(b)(1)(B)	ASMIN HERNANDEZ,   JOHN MUNOZ-GARCIA,   and   KEVIN UMEJEI	Life in prison with a mandatory minimum of 5 years in prison
Use of Firearms in Furtherance of Narcotics Trafficking   18 U.S.C. § 924(c)(1)(A)	LORNE VICTORIA	Life in prison with a mandatory minimum of 5 years in prison

DEFENDANT	AGE	RESIDENCE
HALLIL TABAR	29	BRONX
ASMIN HERNANDEZ	27	BRONX
JOHN MUNOZ-GARCIA	30	BRONX
JAIRO CIENFUEGOS	27	BRONX
WILLIAM BAEZ	31	BRONX
HENRY RODRIGUEZ	41	BRONX
DANNY HANNAH, JR.	48	BRONX
KEVIN UMEJEI	25	BRONX
STARLY HERNANDEZ	30	CALIFORNIA
LORNE VICTORIA	37	BRONX

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

Eight Members And Associates Of The Mount Vernon Goonies Street Gang Charged In Federal Court With Racketeering, Narcotics, And Firearms Offenses

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Anthony A. Scarpino Jr., Westchester County District Attorney, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Division of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging MARKEL OVERTON, a/k/a “Kellz,” THOMAS BLANTON, a/k/a “LT,” MARQUIS COLLIER, a/k/a “Keise,” KADEEM DINHAM, a/k/a “Polo,” DONNIE DIXON, a/k/a “Scooter,” RAHEEM JONES, a/k/a “Rah Trigger,” a/k/a “Trigga,” JAMAAL SINCLAIR, a/k/a “Diggz,” and NOEL SMITH, a/k/a “Georgie,” with various crimes relating to racketeering, narcotics, and firearms offenses.  The defendants have been charged as a result of their membership in the “Goonies” street gang that operated in the City of Mount Vernon, New York. OVERTON was arrested on these charges yesterday. COLLIER and DIXON were arrested on these charges today. DINHAM, who was already in custody on state charges, was transferred to federal custody today; BLANTON, SINCLAIR, and SMITH, who were also already in custody on state charges, will be transferred to federal custody as soon as possible; and JONES was already in federal custody on related charges.  The defendants will be arraigned before United States Magistrate Judge Lisa M. Smith this afternoon in White Plains federal court.

Acting U.S. Attorney Joon H. Kim said:  “As alleged, the eight members and associates of a violent Mount Vernon street gang charged today engaged in attempted murder, drug dealing and firearms offenses.  One of our most important missions, as federal prosecutors, is to investigate and prosecute street gangs that threaten our communities through violence and narcotics trafficking, as the Goonies allegedly did in Mount Vernon.”

Westchester County District Attorney Anthony A. Scarpino Jr. said:  “This gang was allegedly engaged in serious criminal activity that included shooting incidents, armed robberies, gun possession and narcotics distribution.  We are pleased that this is now coming to an end.  I want to thank our partners at the United States Attorney’s Office for the Southern District and the New York office of the FBI for their unstinting dedication and determination that led to this indictment and today’s arrests.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, the motives of this gang were sinister and criminal, using violence and illegal drugs to intimidate the community.  The FBI Westchester County Safe Streets Task Force works diligently with our law enforcement partners every day to stop these gangs, and keep them from negatively impacting communities.”

According to the Indictment[1] unsealed today in White Plains federal court:

From 2007 to 2017, in the Southern District of New York and elsewhere, OVERTON, BLANTON, DINHAM, DIXON, JONES, SINCLAIR, and SMITH were members or associates of a racketeering enterprise known as the “Goonies.”  In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Goonies committed, conspired, attempted, and threatened to commit acts of violence, including attempted murder and robbery; they conspired to distribute and possess with the intent to distribute narcotics; and they obtained, possessed, and used firearms, including by brandishing and firing them.  BLANTON, COLLIER, DINHAM, DIXON, and JONES also conspired with one another, and certain other members of the Goonies, to distribute and possess with the intent to distribute crack cocaine and marijuana. 

The maximum potential sentences in this case are prescribed by Congress and are provided in the attached table for informational purposes only, as any sentencings of the defendants will be determined by a judge.

Mr. Kim thanked the Westchester County District Attorney’s Office and praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force, which comprises agents and detectives from the Yonkers Police Department, Westchester County District Attorney’s Office, Westchester County Police Department, Peekskill Police Department, Mount Vernon Police Department, New York City Police Department, and U.S. Probation.

The prosecution is being handled by the Office’s White Plains Division.  Assistant United States Attorneys Anden F. Chow, Christopher J. Clore, Sarah Krissoff, Olga Zverovich, and Special Assistant United States Attorneys John O’Rourke and Lauren Abinanti 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.

United States v. Markel Overton, et al.

CHARGE	DEFENDANTS	MAXIMUM PENALTIES
Count One Racketeering Conspiracy	MARKEL OVERTON   a/k/a “Kellz” THOMAS BLANTON   a/k/a “LT” MARQUIS COLLIER   a/k/a “Keise” KADEEM DINHAM   a/k/a “Polo” DONNIE DIXON   a/k/a “Scooter” RAHEEM JONES   a/k/a “Rah Trigger”   a/k/a “Trigga” JAMAAL SINCLAIR   a/k/a “Diggz” NOEL SMITH   a/k/a “Georgie”	20 years in prison
Count Two Firearms Offense	MARKEL OVERTON THOMAS BLANTON MARQUIS COLLIER KADEEM DINHAM DONNIE DIXON RAHEEM JONES JAMAAL SINCLAIR	Life in prison with a mandatory minimum of 10 years in prison
Count Three Firearms Offense	NOEL SMITH	Life in prison with a mandatory minimum of 7 years in prison
Count Four Narcotics Conspiracy	THOMAS BLANTON MARQUIS COLLIER KADEEM DINHAM DONNIE DIXON RAHEEM JONES	Life in prison with a mandatory minimum of 10 years in prison

DEFENDANT	AGE
MARKEL OVERTON	27
THOMAS BLANTON	24
MARQUIS COLLIER	33
KADEEM DINHAM	25
DONNIE DIXON	28
RAHEEM JONES	28
JAMAAL SINCLAIR	29
NOEL SMITH	24

 

---

[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.

A.G. Schneiderman Announces $120 Million Multi-State Settlement With General Motors Company Over Defective Ignition Switch

Agreement With 49 States And D.C. Requires GM To Complete All Applicable Recall Repairs And Not Misrepresent Vehicles As “Safe” Until They Comply With Federal Motor Vehicle Safety Standards

New York State Will Receive $4.3 Million

 Attorney General Eric T. Schneiderman announced that 49 states and the District of Columbia have reached a $120 million settlement with General Motors Company (“GM”) over allegations that GM concealed safety issues related to ignition-switch-related defects in GM vehicles. GM agreed to pay the participating attorneys general a total of $120 million, including $4,331,339.27 to New York State.

The settlement concludes a multistate investigation into the auto manufacturer’s failure to disclose in a timely manner known safety defects associated with unintended key rotation-related and/or ignition switch-related issues in several models and model years of GM vehicles.

“Instead of prioritizing customers, General Motors turned a blind eye for years and chose to conceal the safety defects associated with several models of their vehicles,” Attorney General Schneiderman said. “New Yorkers should not have to worry about their steering or brakes failing or their airbags not deploying when they get behind the wheel. Today's settlement ensures that drivers receive the transparency they deserve when they purchase a car.” 

In 2014, GM issued seven vehicle recalls in response to unintended key rotation-related and/or ignition switch-related issues, which have affected over 9 million vehicles in the U.S. The recalls involved a defective ignition switch which, under certain conditions, could move out of the “Run” position to the “Accessory” or “Off” position. If this occurs, the driver experiences a loss of electrical systems, including power steering and power brakes. If a collision occurs while the ignition switch is in the “Accessory” or “Off” position, the vehicle’s safety airbags may also fail to deploy, increasing the risk of serious injury or death in certain types of crashes in which the airbag was otherwise designed to deploy. The seven vehicle recalls impacted 25 different makes and models, which are listed in the complaint.

As the states alleged, certain employees of GM and General Motors Corporation (which went through bankruptcy in 2009) knew as early as 2004 that the ignition switch posed a safety defect because it could cause airbag non-deployment. However, despite this knowledge, GM personnel decided it wasn’t a safety concern and delayed making recalls. GM continued to market the reliability and safety of its motor vehicles, which were equipped with this defective ignition switch.

The states alleged that these actions were unfair and deceptive and that the automaker’s actions violated state consumer protection laws, including New York’s § Executive Law 63(12) and General Business Law § § 349 and 350.

In addition to the monetary penalties, under a consent judgment that will be presented to the New York County Supreme Court, GM shall:

• Not represent that a motor vehicle is “safe” unless they have complied with the Federal Motor Vehicle Safety standards applicable to the motor vehicle at issue.
• Not represent that certified pre-owned vehicles that GM advertises are safe, have been repaired for safety issues, or have been subject to rigorous inspection, unless such vehicles are not subject to any open recalls relating to safety or have been repaired pursuant to such a recall.
• Instruct its dealers that all applicable recall repairs must be completed before any GM motor vehicle sold in the U.S. and included in a recall is eligible for certification and, if there is a recall on any certified pre-owned vehicle sold in the U.S., the required repair must be completed before the vehicle is delivered to a customer. 

In addition to New York, the multistate group – led by Ohio, South Carolina, Connecticut, Florida, Maryland, Michigan, New Jersey, Pennsylvania, and Texas – includes  Alabama, Alaska, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

A.G. Schneiderman Announces Felony Conviction And $13 Million Settlement In Tax Fraud Investigation Of JFK Airport Food Companies

Whistleblower Exposed Express Hospitality Group’s Long-Running Tax Scheme

Resolution Marks First Settlement In Ongoing Investigation “Operation Greased Runway,” Examining Contracting Practices At JFK Airport

   Attorney General Eric T. Schneiderman announced the conviction of Yankee Clipper Food Services I Corporation on felony charges stemming from an extensive scheme to avoid paying New York taxes between 2011 and 2015. Following an investigation conducted by the Attorney General’s Office, the company, along with several individuals and affiliated airport food service companies doing business under the trade name “Express Hospitality Group,” agreed to pay $13 million to settle separately filed civil claims initially raised by a whistleblower under New York State’s False Claims Act. The plea and civil settlement are the first resolution in the Attorney General’s ongoing investigation into the contracting and procurement process at JFK Airport—an investigation dubbed “Operation Greased Runway.” 

Click here to read the settlement.

“For years, Express Hospitality Group disregarded  state law and New York taxpayers,” said Attorney General Schneiderman. “Today’s felony conviction and settlement should send a clear message to those attempting to avoid paying their fair share: tax evasion is illegal, disgraceful — and it will not be tolerated.”

The Attorney General’s investigation revealed that Express Hospitality Group engaged in schemes by which certain of its businesses intentionally underpaid over $5 million in taxes owed to New York and underpaid approximately $350,000 owed to the Port Authority of New York and New Jersey as part of a fee for operating at the airport. The investigation also uncovered that the company’s tax schemes involved maintaining a double set of books, collecting – but failing to remit – State and City sales tax, failing to withhold taxes on employee compensation, and underreporting receipts for corporate franchise tax purposes.   

Additionally, while not the subject of the conviction and settlement announced today, the Attorney General’s ongoing investigation also revealed that Express Hospitality Group had a longstanding history of making secret cash payments to an airport executive with significant influence over Express Hospitality’s ability to conduct and expand its business at JFK Airport. In return for these monthly cash payments, the airport executive allegedly facilitated deals that granted certain Express Hospitality businesses favorable treatment, offered new business opportunities to the company, and provided security passes to certain employees of Express Hospitality outside the normal process for obtaining airport security passes. 

Michael Nestor, Inspector General for the Port Authority of New York and New Jersey said, “Today’s announcement exposes an insidious pattern of corruption that allowed the defendants to freely and fraudulently siphon millions of dollars and defraud taxing authorities and the Port Authority of New York and New Jersey. My office will continue to work vigorously with the New York State Attorney General’s Office and its law enforcement partners to identify, investigate and prosecute such fraud.”

Attorney General Schneiderman’s Office and the Office of the Inspector General of the Port Authority of New York and New Jersey investigated the claims of a whistleblower with credible information about Express Hospitality Group’s fraudulent and illegal business practices, and pursued them to resolution through the Taxpayer Protection Bureau and the Public Integrity Bureau.

Today, Yankee Clipper Food Services I Corporation pleaded guilty to one count of Grand Larceny in the First Degree, a Class B felony, one count of Grand Larceny in the Second Degree, a Class C felony, and one count of Scheme to Defraud in the First Degree, a Class E felony. The pleas were entered today in Queens Supreme Court.

Relevant corporate entities within the Express Hospitality umbrella include: (i) Yankee Clipper Food Services, Inc. and Yankee Clipper Food Services I Inc., which operate multiple Panini Express stores, two bars, and a mobile hot dog stand at JFK Airport; (ii) R&G Food Services, Inc., which operates the employee cafeteria at JFK Airport’s Terminal Five; and (iii) A&R Food Services, Inc., which operates employee cafeterias at JFK Airport’s Terminal One, and the American Airlines cafeteria, catering and vending machine businesses at LaGuardia Airport. Rocco Manniello and his son, Michele Manniello, owned and operated Express Hospitality during the relevant period. However, Rocco Manniello, who directed the fraudulent schemes, died before the completion of the investigation.

Attorney General Schneiderman expresses his thanks to the whistleblower, the whistleblower’s attorneys, the Office of the Inspector General of the Port Authority of New York and New Jersey—including Investigator Mia Chang, Supervising Forensic Investigator Fred Ferrone, Assistant Director of Investigations Salvatore Dalessandro, and Director of Investigations Steven Pasichow—and the New York State Department of Taxation and Finance for their assistance in bringing this case to resolution.

SUNDAY--BOROUGH PRESIDENT DIAZ LAUNCHES THE 23rd ANNUAL TOUR DE BRONX!

   Tomorrow, Sunday, October 22, 2017, Bronx Borough President Ruben Diaz Jr., in conjunction with The Bronx Tourism Council, the Bronx Overall Economic Development Corporation, Montefiore Medical Center, Bronx Lebanon, St. Barnabas Hospital and Mercy College will host New York State’s largest free bicycling event, the 23^rd annual Tour de Bronx.

Thousands of cyclists will take part in the event, which features a 25 and 40 mile route. Following the ride, cyclists are invited to the Tour de Bronx Festival at the New York Botanical Garden featuring live entertainment and refreshments.

WHEN:

Sunday, October 22, 2017

 

WHERE:                  

REGISTRATION/LAUNCH

East 163^rd Street & Grand Concourse

Bronx, NY

 

POST-RIDE FESTIVAL

New York Botanical Garden

2900 Southern Boulevard

The Bronx

 

TIME:                      

9:00 a.m.: Cyclists arrive

10:30 a.m.: Tour begins

2:00 p.m.: Festival begins at New York Botanical Garden

Three New Jersey Men Charged In Manhattan Federal Court In Telemarketing Fraud Scheme Targeting The Elderly

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced the unsealing of a Superseding Indictment charging CHRISTOPHER WILSON, a/k/a “Eric Fields,” JACK KAVNER, a/k/a “Bob Wiley,” a/k/a “Phil Powers,” and DANIEL QUIRK, a/k/a “Lou Epstein,” a/k/a “Bill Huckabee,” a/k/a “Josh Newman,” with conspiring to commit wire fraud and money laundering.  WILSON also is charged with destruction, alteration, or falsification of records in a federal investigation.  WILSON, KAVNER, and QUIRK were arrested this morning and will be presented and arraigned this afternoon before U.S. District Judge Sidney H. Stein in Manhattan federal court.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “These three defendants, together with their previously charged co-defendants, allegedly targeted the elderly in a callous telemarketing scheme.  They allegedly lured their victims into making ‘investments’ in businesses, then just stole their money.  Together with HSI and the NYPD, we will continue to investigate and prosecute all those who target victims who are vulnerable because of their age.”

According to the allegations in the Superseding Indictment[1], a Complaint filed against co-defendants, and other statements in the public record:

Beginning in at least October 2013 through at least September 2016, WILSON, KAVNER, and QUIRK operated telemarketing companies (the “Telemarketing Companies”) that engaged in a fraudulent scheme (the “Telemarketing Scheme”), by which they promised to earn victims’ (the “Victims”) money in exchange for particular Victims making an initial cash “investment” in business development, website design, grant applications, or tax preparation services.  Many Victims, the majority of whom are over 70 years old, “invested” thousands of dollars with the Telemarketing Companies, but did not earn any of the promised returns.  When Victims of the Telemarketing Scheme sought refunds, or fought credit card charges, the Telemarketing Companies provided explanations and documentation to the credit card companies falsely representing that the Victims had received the promised services. 

WILSON, KAVNER, and QUIRK participated in the Telemarketing Scheme by, among other things, operating the interrelated Telemarketing Companies as set forth in the below chart:

Telemarketing Company			Defendants
Olive Branch Marketing   CTO Consulting			CHRISTOPHER WILSON, a/k/a “Eric Fields”
Carlyle Management Group   Vanguard Business Solutions			JACK KAVNER, a/k/a “Bob Wiley,” a/k/a “Phil Powers”   DANIEL QUIRK, a/k/a “Lou Epstein,” a/k/a “Bill Huckabee,” a/k/a “Josh Newman”

Six other individuals were previously indicted in this case, which is scheduled for trial on April 16, 2018.

WILSON, 32, of Teaneck, New Jersey, KAVNER, 31, of West New York, New Jersey, and QUIRK, 33, of Little Ferry, New Jersey, are each charged with one count of conspiring to commit wire fraud and one count of conspiring to commit money laundering, each of which carries a maximum sentence of 20 years in prison.  WILSON also is charged with one count of destruction, alteration, or falsification of records in a federal investigation, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.  

Mr. Kim praised the outstanding investigative work of HSI and the NYPD.  He added that the investigation is ongoing.

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

If you have any information regarding WILSON, KAVNER, QUIRK, or victims of the Telemarketing Companies, please report it by phone at (917) 480-7167 or by email at christopher.bastos@nypd.org 

        

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

MAYOR DE BLASIO AND SPEAKER MARK-VIVERITO ANNOUNCE 90 PERCENT DROP IN CRIMINAL COURT SUMMONSES UNDER CRIMINAL JUSTICE REFORM ACT THAT SENDS MINOR OFFENSES TO ADMINISTRATIVE COURT

In first 16 weeks under the Criminal Justice Reform Act, 50,000 fewer criminal court summonses were issued citywide – reducing the number of unnecessary warrants and arrests

  Mayor de Blasio and Speaker Mark-Viverito announced today that the City’s enforcement of certain minor offenses, specifically giving officers the option of issuing a civil ticket instead of a criminal court summons under the Criminal Justice Reform Act (CJRA), has led to a historic 90 percent drop in criminal court summonses being issued while crime has continued to decline citywide. This steep reduction in criminal court summonses means thousands of New Yorkers will never face the threat of arrest for failure to appear in court for a low-level offense.

“Nobody’s destiny should hinge on a minor non-violent offense,” said Mayor Bill de Blasio. “This summer’s results of record-low crime, paired with record-low summonses, show that we can smartly enforce key low-level offenses without sacrificing New Yorkers’ quality of life or safety.”

"Making New York City a more fair and just place for all people has been the guiding force of this City Council since I first became Speaker," said Council Speaker Melissa Mark-Viverito. "The Criminal Justice Reform Act has provided fairer and more proportionate outcomes for tens of thousands of New Yorkers in just the first few months of its existence.  This historic decrease in criminal summonses is proof that meaningful criminal justice reform is possible without any cost to public safety or order. I thank the NYPD and the de Blasio administration for working with the Council on necessary reforms to make our City more responsive to the needs of all New Yorkers."

“The City of New York is experiencing a continued, historic decline in crime,” said NYPD Commissioner James P. O’Neill. “Accordingly, arrests and criminal court summonses are also down, and the statistics from today’s announcement show that NYPD officers are exercising their discretion to issue civil summonses to address quality of life offenses like littering, public urination and unreasonable noise. The Department worked closely with the Mayor, the Speaker and the Council on the legislation that gave officers this additional tool, so I want to thank them for their collaborative efforts. This is one of many steps that the NYPD has taken to fine-tune precision policing and strengthen the bonds between the police and the communities they serve.” 

During the first sixteen weeks between when CJRA took effect on June 13 and October 1, 2017, there were 50,854 fewer criminal court summonses written than during the same period in 2016 for offenses covered by CJRA (55,224 vs. 4,370).

Additionally, during this same period, preliminary data shows a corresponding uptick in civil enforcement. Between June 13 and September 30, 2017, the number of civil tickets for offenses covered by CJRA amounted to 26,154. While the increase was not perfectly proportional to the decrease in criminal summonses, a dip in enforcement is common during a transition to new policies.

The Criminal Justice Reform Act (CJRA), first proposed by the Council last year and signed into law by the Mayor, went into effect on June 13, 2017. By creating the option for officers to issue a civil ticket in response to low-level offenses, such as littering, appropriate low-level cases bypass the criminal system altogether, avoiding the possibility of a warrant for failure to appear for a criminal summons.

In addition, these civil summonses are adjudicated by the Office of Administrative Trials and Hearings (OATH) rather than in the summons part of Criminal Court. Preliminary figures show that for the OATH summonses covered by CJRA, 56 percent were paid, with 40 percent admitted to and paid prior to the hearing.

In 2016, prior to CJRA, a majority of the 267,000 criminal summonses issued were for low-level offenses, and 39 percent of litigants failed to show up for their Summons Court appearance, which led to tens of thousands of warrants. Police retain the right to issue criminal summonses, but give preference to civil tickets unless the offender has two or more prior felony arrests in the past two years, three or more unanswered civil summonses in the past eight years, is on parole or probation, or there is another legitimate law enforcement reason, approved by a supervisor.

OATH is the City court where nearly all enforcement and regulatory agencies file their summonses for hearings, including the Departments of Sanitation, Buildings, Fire, Consumer Affairs, Health and Mental Hygiene, Environmental Protection and the Taxi and Limousine Commission, among others, but OATH is not where parking tickets or traffic tickets are heard.  In 2016, OATH received approximately 840,000 summonses from these City agencies. In 2016, approximately 38 percent of all summonses filed at OATH for hearings were admitted to and paid prior to the hearing.

OATH allows litigants to contest charges by phone or online, offers litigants who received a summons covered by the CJRA the option of performing community service in lieu of a fine, and is piloting extended evening and weekend hours. This preliminary data suggest CJRA has advanced the administration’s goals of preserving public safety and building stronger and safer neighborhoods while reducing arrests and lightening the touch of low-level enforcement.

OATH has Help Centers at every hearing location throughout the five boroughs, where self-represented litigants can receive assistance navigating the hearing process, filling out forms and getting access to computers and public City records. With more options for adjudicating tickets than exist in Criminal Summons Court, OATH allows recipients of tickets to admit or fight the charge online, by phone, by webcam, by regular mail, or by going to an in person hearing at OATH.

For the quality of life summonses covered by CJRA that are responded to in person, OATH offers an option to perform community service instead of paying a fine so that financial hardship does not lead to non-compliance. As of September 30, 2017, 249 people had accepted community service as the penalty in their case after admitting to the charge or being found in violation after a hearing in person. The community service programs are administered to respondents at the OATH hearing office location where the respondent appears and educational group programs, which can be completed the same day as their appearance. OATH will also be offering an e-learning video module as an option to complete the required community service. The curriculum taught is aimed at changing the personal behavior for which the respondent was cited and making sure the respondent understands that they may be issued a criminal summons in the future if they are caught repeating that behavior.