REP. ADRIANO ESPAILLAT STATEMENT ON REPUBLICANS’ TAX BILL

  Rep. Adriano Espaillat (NY-13) released the following statement in response to the tax bill released by House Republicans earlier today:

“The Ryan/McConnell tax bill revealed by Republicans earlier today is clearly a tax cut for the wealthiest Americans while leaving the middle class and working families behind,” said Rep. Adriano Espaillat.

“In my district, this tax bill will cap the state and local tax (SALT) deduction that many of my constituents rely upon. Capping SALT will have devastating consequences to constituents across all income brackets, and will negatively impact the ability for states and cities to raise critical funding for schools and infrastructure. Additionally, New York middle class families hit hard by significant medical costs will no longer be able to write off these costs under the Republican Plan. Individuals will also lose deductions for personal casualty losses as well as exclusions for dependent care assistance programs, which are both important benefits for working families.

“There are numerous shortcomings to this tax plan, and as written, I will be voting against it as it shortchanges working and middle-class New Yorkers and families across the nation.”

Leader Of Violent Drug Crew Sentenced To 30 Years For 2016 Murder

Rashod Lewis Murdered a Robbery Victim on Webster Avenue in January 2016

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that RASHOD LEWIS was sentenced by U.S. District Judge Kimba M. Wood to 360 months in prison in connection with his use of a firearm in the murder of Nelson Dubon on January 21, 2016.  LEWIS previously pled guilty before U.S. Magistrate Judge Gabriel W. Gorenstein to one count of discharging a firearm in furtherance of narcotics trafficking.  LEWIS murdered Dubon in the course of a robbery on Webster Avenue in the South Bronx, which Lewis and other members of the violent street crew “YNR” committed as part of that crew’s drug business.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Rashod Lewis, a leader of a violent drug trafficking and robbery crew, shot and killed Nelson Dubon after Dubon tried to assist other victims of Lewis’ robbery.  Yesterday Lewis received the lengthy prison term his vicious crime deserves.”

According to the charging documents filed in the case, as well as statements made during the sentencing proceeding and earlier court appearances:

Since at least 2012, a group of young men and women living in the vicinity of 188th Street and Webster Avenue, and referring to itself as “YNR,” engaged in a conspiracy to distribute crack cocaine and heroin.  LEWIS was a leader of YNR and personally participated in multiple drug-related armed robberies.  Those incidents included an armed robbery of a narcotics dealer and others located inside a billiards club on January 21, 2016, during which Lewis and his codefendant Kenneth Rudge shot and killed Nelson Dubon.  On that date, Lewis and four other members of YNR entered an after-hours club located near Park Avenue and 187th Street.  There, the crew threatened and assaulted a narcotics dealer before turning on the patrons of the club.  Lewis and others brandished handguns, while another YNR member beat patrons with a pool cue.  Dubon, who attempted to assist other victims of the robbery, was shot first by Lewis and then by Rudge, and later succumbed to his wounds.    

Rudge is scheduled to be sentenced by Judge Wood on January 25, 2018.

In furtherance of this violent drug crew’s activities, LEWIS stored multiple firearms, including a Mac-11 subcompact machine gun, in an apartment on Webster Avenue.  LEWIS also supplied and directed numerous underlings, including minors, in the sale of heroin and crack cocaine on Webster Avenue.   

In addition to the prison term, LEWIS, 26, of the Bronx, New York, was sentenced to five years of supervised release. 

Mr. Kim praised the outstanding work of the NYPD and ATF for their investigative efforts and ongoing support and assistance with the case.

Manhattan U.S. Attorney Announces Federal Charges Against Mamadou Ndao And Diabel Samb For String Of Gunpoint Robberies Of Cellphone Stores In Westchester County And Orange County, New York

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Anthony A. Scarpino Jr., the Westchester County District Attorney, and Christopher T. McNerney, Chief of the Greenburgh Police Department (“GPD”), announced the arrest of MAMADOU NDAO and DIABEL SAMB on charges of conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, and a firearms offense.

Acting U.S. Attorney Joon H. Kim said:  “As alleged, Ndao and Samb endangered the lives of customers and store employees in a series of armed robberies.  Thanks to our law enforcement partners, the defendants are now in custody and will face justice in federal court.”

FBI Assistant Director William F. Sweeney Jr. said:  “Hard-working people go to work every day to earn a living, and abide by the laws of our country.  The subjects in this case allegedly chose to skip being hard-working and law abiding, and demanded money from stores at gunpoint, putting both customers and employees in harm’s way.  The FBI Westchester County Safe Streets Task Force pursues criminals each and every day who choose what they may believe is an easier way of life, but now face years in federal prison.”

           

Westchester County District Attorney Anthony A. Scarpino Jr. said:  “Due to the efforts of our dedicated partners in law enforcement, these perpetrators have been delivered into the Criminal Justice System where they belong.  We remain committed to reducing all types of crime, particularly those involving criminals who would resort to terrorizing retail store employees by robbing them at gunpoint. These arrests are a testament to our resolve and continued successful relationship with our partners in law enforcement at all levels.”

Greenburgh Police Chief Christopher T. McNerney said: “This successful investigation is the direct result of an outstanding cooperative effort by all of the agencies involved.  The arrests of these violent individuals and pending federal prosecution sends a message to the residents of Westchester and beyond that we are committed to using all resources available to fight crime and prosecute offenders to the fullest extent of the law.”

According to the allegations contained in the Complain charging NDAO and SAMB:

On October 24, 2017, NDAO and SAMB committed a gunpoint robbery of a Verizon store located in Scarsdale, New York.  SAMB entered the store carrying a firearm.  He displayed the gun to two store employees and directed them to open a safe in the back room of the store.  NDAO subsequently entered the store carrying a suitcase, which SAMB and NDAO filled with cellphones and other electronic devices.  Following the robbery, SAMB and NDAO fled in a vehicle that had been parked outside the store.  Law enforcement intercepted SAMB and NDAO in Mount Vernon, New York, where they were ultimately apprehended by the Greenburgh Police Department.  Law enforcement recovered clothing worn by SAMB and NDAO during at least two of these robberies in the vehicle the defendants had used to flee the scene.  Numerous stolen cellphones and other electronic devices were recovered from the suitcase NDAO had carried into the Scarsdale Verizon store.

NDAO, 24, of New York, New York, and SAMB, 32, of New York, New York, are each charged with one count of Hobbs Act robbery, which carries a maximum sentence of 20 years in prison; one count of conspiracy to commit Hobbs Act robbery, which carries a maximum sentence of 20 years in prison; and one count of using a firearm during and in relation to a crime of violence, which carries a maximum sentence of life 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 a judge.

NDAO and SAMB were arrested by the GPD on October 24, 2017, and are expected to be presented tomorrow in White Plains federal court before United States Magistrate Judge Paul E. Davison.

Mr. Kim praised the outstanding investigative work of the Westchester County Department of Public Safety and the Real Time Crime Center, the Mount Pleasant Police Department, the Yonkers Police Department, the Tarrytown Police Department, the Town of Newburgh Police Department, the Pelham Police Department, the Greenburgh Police Department, and the FBI’s Westchester County Safe Streets Task Force, which comprises agents and task force officers from the FBI, the U.S. Probation Office, the Westchester County Department of Public Safety, the Westchester County District Attorney’s Office, the New York City Police Department, the City of Yonkers Police Department, the City of Yonkers Police Department, the Peekskill Police Department, and the Mount Vernon Police Department.  Mr. Kim thanked the Westchester County District Attorney’s Office for its significant contributions to the investigation and for its assistance in the arrest and apprehension of the defendants.

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

 

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

Manhattan Man Pleads Guilty To Participating In Multimillion-Dollar Securities Fraud Scheme

Joseph Meli Defrauded More than 130 Investors Who Invested More than $95 Million and Diverted Fraudulent Proceeds to His Own Use and to Repay Prior Investors

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that JOSEPH MELI pled guilty today in Manhattan federal court to securities fraud.  Between 2015 and January 2017, MELI conducted a scheme to defraud more than approximately 130 investors who invested a total of more than approximately $95 million through false representations that MELI would use investor funds to purchase tickets to various live events for resale at a profit on the secondary market.  MELI pled guilty earlier today before U.S. Magistrate Judge Barbara Moses.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As he admitted in court today, Joseph Meli created his own theatrical production – a fictitious business that purported to have access to blocks of tickets to Broadway shows and other events.  In fact, Meli was deceiving investors into giving him money that he pocketed to fund his own extravagant lifestyle.  Now he awaits sentencing for running a Ponzi scheme.”

According to allegations in the superseding Indictment filed in Manhattan federal court, previous court filings, and statements made in public court proceedings:           

From at least in or about 2015 through in or about January 2017, MELI conducted a scheme to defraud more than approximately 130 investors who invested a total of more than approximately $95 million through false representations that MELI would use investor funds to purchase tickets to various live events for resale at a profit on the secondary market.  In fact, MELI utilized a substantial portion of the investor funds he obtained for MELI’s personal expenses – including payments for a $3 million house in East Hampton, New York, a 2017 Porsche convertible, and expensive watches and jewelry – and to make payments, in a Ponzi-like manner, to previous investors in MELI’s ticket fraud scheme and in unrelated hedge fund.

In furtherance of the fraudulent scheme, MELI falsely represented to investors that he had entered into written agreements with production companies for popular Broadway shows and with management companies for popular singers and music bands (together, the “Production and Management Companies”) to purchase large blocks of tickets to the shows and performances.  In truth and in fact, MELI had not entered into such agreements and did not have any contractual rights to purchase such tickets from the Production and Management Companies. 

In furtherance of the scheme, moreover, MELI provided investors with falsified documents purporting to reflect agreements between MELI’s company, Advance Entertainment, LLC (“Advance”), and the Production and Management Companies, in which the Production and Management Companies agreed to sell Advance large blocks of tickets to the shows or performances.  In truth and in fact, the Production and Management Companies had not entered into agreements to sell tickets to MELI or Advance.  These fake agreements listed, as authorized representatives entering into the agreements on behalf of the Production and Management Companies, the names of individuals within those organizations, and furthermore contained fraudulent signatures of these individuals.

MELI, 43, of New York, New York, pled guilty to one count of securities fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $5,000,000.  In addition, pursuant to a plea agreement with the Government, MELI agreed to forfeit proceeds of the offense and to pay restitution to the victims of the offense.  MELI is scheduled to be sentenced by Judge Kimba M. Wood on January 31, 2018.   

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Kim praised the work of the Federal Bureau of Investigation and thanked the Securities and Exchange Commission for its assistance.

A.G. Schneiderman Announces Major Settlement With NYC Board Of Elections Over Voter Registration Purges

Settlement Overhauls NYCBOE’s Procedures For Maintaining Voter Rolls, And Establishes Frequent Monitoring And Oversight Of NYCBOE’s Voter List Maintenance Activities

In January, A.G. Schneiderman Filed Suit Against NYCBOE For Knowingly Purging Over 200,000 New Yorkers From The Rolls Before The 2016 Presidential Primary, In Violation Of Federal And State Law

  Attorney General Eric T. Schneiderman today announced the settlement of his lawsuit against the New York City Board of Elections (NYCBOE), overhauling NYCBOE’s procedures for maintaining voter rolls and establishing frequent monitoring and oversight of those procedures in order to protect New Yorkers’ access to the ballot box. The consent decree was filed with the U.S. District Court for the Eastern District of New York late yesterday.

In January, Attorney General Schneiderman filed suit, alleging that the NYCBOE purged over 200,000 voters from its registration rolls in violation of federal and state law. Specifically, the Attorney General alleged that the NYCBOE illegally cancelled the registrations of over 200,000 New Yorkers: over 100,000 on the basis of a voter’s failure to vote, and another nearly 100,000 using a procedure that did not comply with federal and state law. 

Today’s consent decree requires the NYCBOE to overhaul its voter registration and list maintenance policies and procedures, adequately train relevant staff, and submit to regular monitoring and oversight of voter registration and list maintenance activities. Moreover, the NYCBOE has agreed to review every voter registration cancelled since July 1, 2013, determine whether the cancellations were justified under law, and reinstate, to appropriate status, any registrations that were improperly cancelled. 

“The right to vote is sacred to our democracy. Yet the NYC Board of Elections illegally purged over 200,000 New Yorkers from the rolls, violating the law and New Yorkers’ trust in the institutions meant to protect their rights,” said Attorney General Schneiderman. “This settlement would overhaul NYCBOE’s practices for maintaining voter rolls, ensuring that the issues that led to the purges are addressed, and establishing frequent monitoring and oversight of those list maintenance practices. My office will continue to protect all voters’ access to the polls and continue to fight to expand voting rights.”

OAG’s lawsuit arose out of an investigation by the New York Attorney General’s Office opened shortly after New York’s Presidential Primary on April 19, 2016. OAG opened its investigation after receiving over 1,500 complaints via its Election Hotline of widespread voter issues, including a massive and illegal voter purge in Brooklyn. In early December 2016, OAG published a report, available here, detailing the causes of many of the problems voters across the state encountered at their polling places. After the Attorney General’s report, Common Cause and Lawyer’s Committee amended a complaint they had filed in federal court against the NYCBOE to allege that the purge of voters in Brooklyn violated the Section 8 of the National Voter Registration Act (“NVRA”). In January, Attorney General Schneiderman intervened in this lawsuit, along with the United States Department of Justice.

In its complaint, OAG alleged that the NYCBOE violated state and federal law with three massive registration purges.  First, from 2014 to 2015, officials in the Brooklyn Borough Office of the NYCBOE manually identified and purged over 100,000 voter records on the basis of their failure to vote or submit any updated forms to the NYCBOE since 2008.  Both federal and state law prohibit the cancellation of voter registration records solely on the basis of a failure to vote. In addition, OAG alleged that in 2014 and 2015, the NYCBOE used the National Change of Address database to identify and remove nearly 100,000 additional voters it suspected of having moved outside the City after only 30 days’ notice. Under both state and federal law these voters should have been retained on the registration rolls for at least two federal elections after the NYCBOE gave them notice, i.e. two to four years. 

The consent decree, which is subject to court approval, overhauls the NYCBOE’s procedures for maintaining its voter rolls and requires significant monitoring and oversight by the Attorney General’s Office, the DOJ, and the private plaintiffs of the NYCBOE’s updated voter list maintenance procedures. The NYCBOE is required to:

• Create a plan that details the step-by-step processes for voter list maintenance;
• Appoint officials at the Central and Borough Offices that will be tasked with implementing these policies and conducting regular internal oversight and auditing of these procedures;
• Develop regular training for staff charged with maintaining voter lists;
• Create uniform complaint procedures for voters impacted by improper removal procedures;
• Develop procedures to identify systemic issues if improperly removed voters are identified;
• Provide monthly and annual reports to the Attorney General’s office, DOJ, and the private plaintiffs, including monthly data regarding list maintenance activities;
• Submit to twice-a-year audits by the Attorney General’s Office and DOJ of list maintenance procedures using individual voter records; and
• Review the cancellation of every voter removed since July 1, 2013, identify any improperly removed voters, and reinstate those voters.

The reforms must be summarized in a Comprehensive Remedial Plan that the NYCBOE will submit to the Attorney General, DOJ, and the private plaintiffs for review and agreement.

This matter is being handled by Assistant Attorneys General Ajay Saini, Diane Lucas, and Sania Khan of the Attorney General’s Civil Rights Bureau, which is led by Bureau Chief Lourdes Rosado. The Civil Rights Bureau is part of the Social Justice Division, which is led by Executive Deputy Attorney General for Social Justice Alvin Bragg. 

The Attorney General's Office is committed to the voting rights protecting all eligible New Yorkers. To file a civil rights complaint, contact the Attorney General’s Office at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.

RETIRED PRIEST INDICTED FOR HAVING CHILD PORNOGRAPHY ON HIS COMPUTER

Onetime Archdiocese Chancellor Allegedly Viewed Images on Computer at Retirement Home

  Bronx District Attorney Darcel D. Clark today announced that a retired Catholic priest has been indicted for possessing pornographic images of girls as young as eight years old on his computer which he allegedly viewed in front of many individuals at his retirement home in the Bronx. 

  District Attorney Clark said, “This investigation by the Economic Crimes Bureau found that the defendant had dozens of photographs on his computer of girls ages eight to 14 years old performing sex acts with men or posing naked. People at the defendant’s residence were subjected to it when they entered his room. Anyone who views child pornography supports horrific child exploitation.” 

  District Attorney Clark said that Monsignor Harry J. Byrne, 96, who resides at the St. John Vianney Center for Retired Priests in the Bronx operated by the Archdiocese of New York, was indicted on 37 counts of Possessing an Obscene Sexual Performance by a Child and 37 counts of Possessing a Sexual Performance by a Child. He was arraigned today before Bronx Supreme Court Justice Robert Neary and released. He is due back in court on January 17, 2018. If convicted of the top charge, he could face up to four years in prison and would have to register as a sex offender.

  The investigation began about five months ago when officials at the residence notified the Bronx District Attorney’s Office after receiving complaints about Byrne. According to the investigation, the defendant sought out the images of young girls using Google and Bing. Detectives from the NYPD Computer Crimes Squad conducted a forensic examination of his computer and found at least 37 images of child pornography.

  District Attorney Clark thanked the NYPD Computer Crimes Squad for their assistance in the case, as well as the Bronx DA Detective Investigators. 

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

BRONX DISTRICT ATTORNEY DARCEL D. CLARK ANNOUNCES RESULTS OF INVESTIGATION INTO ALLEGATIONS AGAINST FORMER PASTOR

Over $22,000 in Parish Accounts Improperly Reimbursed to Fr. Peter Miqueli for Personal Expenses

  Bronx District Attorney Darcel D. Clark today announced that an extensive investigation into allegations against the former pastor of a Bronx church has found that he was improperly reimbursed for over $22,000 in personal expenses from the parish account.

  The investigation also revealed that the parish did not comply with certain financial controls mandated by the Archdiocese of New York, and the Archdiocese did not scrutinize the finances of the parish to ensure it was in compliance. The District Attorney’s Office has made recommendations to the parish and the Archdiocese to ensure that proper financial controls are in place. The Archdiocese has reimbursed St. Frances de Chantal Church for the funds paid to Father Miqueli. No criminal charges will be filed. 

   District Attorney Clark said, “This investigation by the Economic Crimes Bureau found that Father Miqueli was improperly reimbursed for personal expenses. The Archdiocese has reimbursed St. Frances de Chantal Church for the funds, $22,450 of hard-earned money donated by parishioners for the betterment of the parish. We have made recommendations to the Archdiocese and they have agreed to more oversight.”

  District Attorney Clark said all allegations of criminal behavior alleged to have been committed by Father Miqueli, including that he misappropriated or stole millions of dollars from the parish over a period of several years, were investigated and the allegations of criminal conduct were found to be unsubstantiated. The funds that were improperly reimbursed to Father Miqueli are now being paid back to the parish, taken from sustenance funds that, under Canon Law, were due to Father Miqueli. In effect, this means that Father Miqueli is repaying the $22,450 to the Parish.

  In addition, in the course of its investigation, the Bronx District Attorney’s Office has identified certain important financial and business controls and best practices, many of which are mandated in the Archdiocesan Financial Policies and Procedures Manual (“Manual”) that were not being followed by the parish. The Bronx District Attorney’s made the following recommendations:

1. The Parish must undergo a complete audit and should be audited regularly, and no less than every 3 years. Further, an audit should be conducted whenever a pastor is about to leave the Parish and before a new pastor is assigned; 

2. The Parish’s budget must be submitted by March 15th every year; 

3. The Parish may only have a single general purpose credit card which must have the pastor’s name and the name of the Parish on it, and be used only for Parish expenses; 

4. Weekly collections must be secured in sealed security bags, stored in a safe or lock box, counted by an accounting team of no less than two individuals and must be handled at all times in a manner consistent with the Manual prior to deposit in the bank; 

5. The weekly collection and the Parish’s annual financial statement must be published in the Parish’s bulletin; 

6. A Parish Finance Council, formed from parishioners with fiscal acumen and knowledge of the Parish, must be operational and fully informed of all finances of the Parish; 

7. The pastor and the Parish manager must be trained in the Parish SOFT (formerly “LOGOS”) system of accounting; 

8. The Parish must have two lay trustees who are long-time parishioners and familiar with Parish finances; 

9. There must be a Parish Council; 

10. There must be an annual meeting of the officers of the Parish Corporation; 

11. Only an approved accountant may be used by the Parish and such accountant cannot also serve as the personal accountant for the pastor or any employee of the Parish;

12. Regular operational reviews must be conducted during which every expense incurred by the Parish and its employees, must be examined and reconciled by the parish Finance Council; 

13. All internal controls set forth in the Manual must be fully implemented and operational and must remain in place.

Senator Klein, Assemblyman Dinowitz & Council Member Cohen successful in push for better lighting at Riverdale site where 9/11 memorial plaque was stolen

After Senator Jeff Klein, Assemblyman Jeffrey Dinowitz and Council Member Andrew Cohen wrote a joint letter to the city Department of Transportation requesting the agency conduct a lighting study in a Riverdale community garden where numerous 9/11 memorials have been stolen since June, the agency is taking action.

DOT’s Street Lighting Division concluded in a survey that the area did indeed lack sufficient lighting. DOT informed the elected officials that they would be installing additional street lighting at West 253rd Street and Fieldston Road in order to correct this issue. In all, six new street light brackets will be installed at that intersection in the vicinity of the community garden. Four existing street light brackets at the intersection will also be replaced with new LED lights.

“I want to applaud the New York City Department of Transportation for quickly determining that additional street lighting is warranted around Endor Community Gardens. The thefts over the summer of several 9/11 memorials were utterly disrespectful to the victims, their families and our community. I’m confident that these new measures will increase safety and help prevent future crimes from occurring in the area,” said Senator Jeff Klein.  

“The Endor Community Garden is a beautiful nook in our neighborhood that local residents have worked very hard to maintain and preserve to honor police officers and firefighters killed in the 9/11 attacks. This beautiful memorial has been vandalized on more than one occasion and we must take action to make sure this does not happen again. Providing better lighting discourages vandalism and so I am thankful that the DOT is taking the necessary steps to correct this problem,” said Assemblyman Dinowitz

“A memorial honoring the lives lost in 9/11 is especially sacred and should  never be tampered with,” said Council Member Andrew Cohen. “These new measures will help deter any future act of vandalism in the area.  I applaud the Department of Transportation for taking the issue seriously and taking the proper next steps.”

The thefts at Endor Community Gardens occurred over a span of several weeks this summer. A plaque honoring local police officers and firefighters killed in the Sept. 11 terror attacks was the first memorial taken. A local resident temporary replaced the plaque with American flags, but those too were taken on five separate occasions.

The elected officials sent their joint letter in September, and the DOT concluded their lighting survey about a month later.