A.G. Schneiderman Announces Indictment Charging Rensselaer County DA Joel Abelove With Official Misconduct And Perjury

  New York Attorney General Eric T. Schneiderman announced a grand jury indictment charging Rensselaer County District Attorney Joel Abelove with two counts of official misconduct and one count of perjury in the first degree. The charges stem from Abelove’s handling of the April 2016 death of Edson Thevenin, a civilian who was shot and killed during an encounter with Troy police.

In July 2015, Governor Cuomo signed Executive Order No. 147, appointing the Attorney General as special prosecutor in cases where a law enforcement officer causes the death of an unarmed civilian or where there is a significant question as to whether the civilian was armed and dangerous. Following the death of Edson Thevenin during an interaction with Troy Sergeant Randall French, the Attorney General’s Special Investigations and Prosecutions Unit informed Abelove that it needed further information to determine whether the death fell within the Attorney General’s jurisdiction, pursuant to the Executive Order.However, as the Attorney General’s office has alleged, instead of providing that information, Abelove quickly and surreptitiously presented the case to a grand jury.

In violation of both his legal and ethical obligations, Abelove allegedly withheld material evidence from the grand jury, effectively coopting its ability to make an informed decision about the matter – with the inevitable and intended result that no charges were brought against French. Furthermore, Abelove allegedly took the extraordinary step of conferring immunity upon French before the grand jury even took a vote, seeking to protect French from any potential future prosecution in the Thevenin shooting.

On April 29, 2016, Governor Cuomo issued Executive Order No. 147.4, empowering the Attorney General to investigate any “unlawful acts or omissions” by Abelove or any other law enforcement officer involved in the Thevenin grand jury presentation. Abelove then testified during the grand jury investigation into his handling of the Thevenin matter, and allegedly, in an effort to legitimize his own conduct, made a materially false claim about the granting of immunity by another prosecutor during the grand jury investigation of a prior police shooting handled by his office.

The indictment charges Abelove with two counts of official misconduct, a class A misdemeanor, for knowingly withholding evidence from a grand jury investigating the death of Edson Thevenin and knowingly failing to secure a waiver of immunity from French as a condition of his testifying before the grand jury; and one count of perjury in the first degree, a class D felony, for making a false statement under oath to a Rensselaer County grand jury investigating Abelove’s conduct.

“As we allege, District Attorney Abelove’s actions violated the law and undermined a criminal investigation,” said Attorney General Schneiderman. “The Governor’s Executive Order was designed to restore public confidence in our criminal justice system – yet the actions we detail today only served to further erode that confidence. My office will continue to work collaboratively with law enforcement agencies across the state, including district attorneys, to ensure fair, comprehensive, and independent investigations of every case within our jurisdiction, so that families like the Thevenins get the answers they deserve.”

In March 2017, Abelove – in an attempt to stop the Attorney General’s investigation – filed suit against the Attorney General, arguing that Executive Order No. 147 was unconstitutional. The New York Supreme Court rejected Abelove’s claims and dismissed the suit in full in an August 2017 ruling.

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

Bronx Defendant Found Guilty In Manhattan Federal Court Of Sex Trafficking Offenses

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that a federal jury today found MARIA SOLY ALMONTE, a/k/a “Soly Almonte,” a/k/a “Soly La Fuerte,” a/k/a “SoSo,” a/k/a “SoSo Wavy,” a/k/a “Soly Montana,” guilty of sex trafficking of minors, sex trafficking conspiracy, and use of interstate commerce to promote illegal activity.  ALMONTE was convicted following a two-week jury trial before U.S. District Judge Kimba M. Wood.     

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As a jury unanimously found, Maria Soly Almonte was the ringleader of a sex trafficking conspiracy that exploited children as young as 13.  Her predatory conduct shocks the conscience.  Protecting children is one of our most important missions, and I thank the FBI and the NYPD for their outstanding work to that end.  Almonte now awaits sentencing for her heinous crimes.”

According to allegations contained in the Complaint, Indictment, and evidence presented during the trial in Manhattan federal court:

Since at least 2015, MARIA SOLY ALMONTE operated a brothel in New York City, which trafficked minors as young as 13 years old.  The brothel operated at various locations throughout New York, including apartments in the Bronx and Harlem.

ALMONTE served as the brothel’s proprietor.  The brothel’s sex workers were required to pay ALMONTE a fee for prostitution services they rendered at the brothel.  The brothel advertised its services on the internet and communicated with clients by telephone.  During the time period of the conspiracy, at least six minors provided prostitution services at one or more of the brothel’s locations. 

  

ALMONTE, 33, was convicted of one count of conspiring to commit sex trafficking, which carries a maximum sentence of life in prison; one count of sex trafficking a minor under the age of 14, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison; one count of sex trafficking a minor under the age of 18, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; one count of using facilities of interstate commerce to promote illegal activity, which carries a maximum sentence of five years in prison; and one count of conspiring to use facilities of interstate commerce to promote illegal activity, which carries a maximum sentence of five 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 defendant will be determined by the judge.

Mr. Kim thanked the FBI and NYPD for their outstanding investigative work in this matter.

Two Men Plead Guilty To Defrauding Investors Of Over $7 Million In Fuel Cell Company Investor Fraud Scheme

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that GEORGE DOUMANIS and EMANUEL PANTELAKIS, a/k/a “Manny,” each pled guilty today to defrauding investors in Terminus Energy, Inc., a publicly traded penny stock.  DOUMANIS and PANTELAKIS each pled guilty to conspiracy to commit securities fraud before U.S. Magistrate Judge Debra Freeman.  They will be sentenced before U.S. District Judge Andrew L. Carter on April 9, 2018.

Acting U.S. Attorney Joon H. Kim said:  “Today, George Doumanis and Emanuel Pantelakis both admitted to operating an investment scheme by luring investors in a supposed fuel cell technology which they knew to be fictitious.  In furtherance of their scheme, the two used misleading documents to dupe investors into contributing over $7 million into their phony penny stock – which they eventually used to pay their own personal expenses. This Office and our law enforcement partners will continue to keep a watchful eye on the investment markets and prosecute those who mislead the investing public.”

According to the allegations contained in the Indictment filed against DOUMANIS, PANTELAKIS and their co-conspirator, and statements made in related court filings and proceedings[1]:

From at least February 2008 until at least 2014, DOUMANIS and PANTELAKIS, along with their co-conspirator Danny Pratte, engaged in a scheme to defraud investors in the publicly traded company Terminus Energy, Inc. (“Terminus”), by inducing victims to invest in Terminus stock through material misrepresentations and omissions and by misappropriating investor funds for their own purposes. 

Terminus was purportedly producing and marketing a commercially viable “fuel cell” as an alternative energy source.  DOUMANIS, PANTELAKIS, and Pratte sold shares of Terminus to investors through private offerings.  In connection with such sales, DOUMANIS, PANTELAKIS, and Pratte provided investors with private placement memorandums (“PPMs”) that contained materially false and misleading statements.  For example, the PPMs falsely stated that (i) Terminus had completed its goal of developing a working fuel cell in mid-2008; (ii) Terminus would use specified investors’ funds to make payment on third-party development contracts designed to manufacture a working fuel cell; and (iii) Terminus would pay no more than 10 percent in sales commissions.  In truth, and as DOUMANIS, PANTELAKIS, and Pratte well knew, (i) there was no working fuel cell; (ii) the third party contracts had been cancelled after Terminus failed to make payment to the third parties; and (iii) unregistered salesmen were receiving commissions far in excess of 10 percent.  The PPMs also failed to accurately disclose the involvement of either DOUMANIS, who was barred from involvement in penny stocks as a result of a 2003 conviction for conspiracy to commit securities fraud, wire fraud, and mail fraud, or PANTELAKIS, who had been permanently barred by the Financial Industry Regulatory Authority (“FINRA”) following allegations that he had made fraudulent misrepresentations to customers in connection with the sale of securities.  DOUMANIS, PANTELAKIS, and Pratte also caused similar misrepresentations to be made in business plans, executive summaries, and presentations shared with potential investors, as well as in publicly available press releases.  Through these false and misleading statements, DOUMANIS, PANTELAKIS, and Pratte fraudulently induced investors to purchase nearly $8 million of Terminus stock.

Rather than use the investor money as promised, DOUMANIS, PANTELAKIS, and Pratte misappropriated the funds for their own use and for use by their co-conspirators.  For example, DOUMANIS, entities affiliated with DOUMANIS, and certain of his family members received at least $570,000, including payments to personal credit cards and toward DOUMANIS’s residential mortgage.  PANTELAKIS and certain of his family members received at least $420,000, including payments to personal credit cards and to pay for PANTELAKIS’s wife’s Mercedes-Benz.  Pratte personally received approximately $1 million.  In addition, the unregistered salespeople collectively received undisclosed commissions of more than $1.5 million. 

GEORGE DOUMANIS, 59, and EMANUEL PANTELAKIS, a/k/a “Manny,” 42, each pled guilty to one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. 

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 Court.           

Trial against defendant Danny Pratte is scheduled to commence on May 1, 2018, on charges of conspiracy to commit securities fraud, securities fraud, conspiracy to commit wire and mail fraud, and wire fraud.  The allegations contained in the Indictment as to Pratte are merely accusations, and he is presumed innocent unless and until proven guilty.

Mr. Kim praised the work of the Federal Bureau of Investigation, and thanked the SEC.

                       

 [1]  As for the defendant who has not pled guilty, Danny Pratte, the description of the charges set forth herein constitute only allegations.

Thirteen Defendants Charged In Manhattan Federal Court In Scheme To Take Over Ride-Sharing Driver Accounts

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and David E. Beach, Special Agent in Charge of the U.S. Secret Service, New York Field Office (“USSS”), announced charges today against 13 individuals in connection with a scheme to defraud drivers of two ride-sharing companies (“Company-1” and “Company-2”) by accessing those drivers’ accounts without authorization in order to divert driver funds to bank accounts controlled by the defendants and other members of the scheme (the “Scheme”).  Through the course of the Scheme, the defendants compromised thousands of Company-1 and Company-2 driver accounts, and diverted millions of dollars from those accounts.  Defendants LOUIS PINA, MALIK GRAY, GEORGE JOSEPH, AKEEM KRUBALLY, THERESA OUTERBRIDGE, DEVON WILLIAMS, HAKEEM BALDEO, QUINTEEN LYNCH, KHALID NAZZAL, FRANCISCO VIRUET, JOHNNY SERRANO, THALIA CAQUIAS, and TANESHA FORD were charged in two Complaints (the “Complaints”) unsealed today in Manhattan federal court.  WILLIAMS, BALDEO, LYNCH, NAZZAL, VIRUET, CAQUIAS, and FORD were arrested today and presented this afternoon before U.S. Magistrate Judge Debra Freeman in Manhattan federal court. 

Acting Manhattan U.S. Attorney Joon H. Kim said:  “These 13 defendants allegedly developed a sophisticated scheme to swindle hard-working drivers out of their income.  Through elaborate identity theft and phishing, the defendants allegedly diverted millions of dollars from company accounts to line their own pockets.  Thanks to the skilled investigative work of the Criminal Investigators of the U.S. Attorney’s Office and the U.S. Secret Service, the defendants now will be held to account.”

David E. Beach, Special Agent in Charge of the USSS said:  “The success in this case demonstrates the investigative capabilities of the United States Secret Service and the collaborative efforts of our law enforcement partners, specifically the U.S. Attorney’s Office Southern District of NY, Federal Bureau of Investigation’s Westchester County Safe Streets Task Force, and Westchester County District Attorney’s Office.  The Secret Service will continue to develop innovative ways to protect the financial infrastructure of the United States and combat criminals who use emerging technologies to conduct business.”

According to allegations contained in the two Complaints[1]:

Overview of the Scheme

The charges in the Complaints result from a Scheme to defraud livery drivers and ride-sharing companies using mobile ride-sharing applications.  The Scheme targeted drivers associated with Company-1 and Company-2.  Scheme members called Company-1 and Company-2 drivers posing as Company-1 and Company-2 representatives, and deceived the drivers into providing unique personal identifiers and other information that was then used to obtain unauthorized access into the online Company-1 and Company-2 driver accounts.  Once members of the Scheme logged into Company-1 and Company-2 driver accounts without authorization, they altered information in those compromised accounts and diverted driver funds to bank accounts they controlled.

Overview of the Company-1 Scheme

With respect to the Scheme involving Company-1, members of the Scheme ordered rides on the Company-1 mobile application (“App-1”), which provided Scheme members with the driver’s name, picture, and an anonymized phone number so that the rider could communicate with the driver.  Scheme members canceled the rides shortly after receiving the driver’s anonymized phone number.  The Scheme members then called the driver on the driver’s anonymized telephone number impersonating a representative from Company-1.  During the call, the Scheme member would ask the driver for the driver’s true telephone number and, while remaining on the phone with the driver, the Scheme member would attempt to log into the driver’s Company-1 account.  The driver then received a text message from Company-1 containing a unique code on the driver’s cellphone, and the Scheme member impersonating a Company-1 representative then requested that the driver provide this unique code to the Scheme member.  In addition, during the call, Scheme members would request that the driver provide the driver’s license number. 

Using the victim driver’s telephone number, driver’s license number, and the unique code, Scheme members thereafter logged into the victim driver’s Company-1 account through App-1 or the Company-1 web interface without the driver’s authorization.  After Scheme members obtained unauthorized access to the victim driver’s account, they changed the bank account information associated with the account to a bank account that either they or another Scheme member controlled.  Once the victim driver’s account had been compromised and the bank account information altered, funds that the victim driver earned from Company-1 were diverted to Scheme members’ bank accounts.

Overview of the Company-2 Scheme

With respect to the Scheme involving Company-2, members of the Scheme ordered rides on the Company-2 mobile application (“App-2”), which provided Scheme members with the driver’s name, picture, and an anonymized phone number so that the rider could communicate with the driver.  Scheme members canceled the rides shortly after receiving the driver’s anonymized phone number.  The Scheme members then called the driver on the driver’s anonymized telephone number impersonating a representative from Company-2.  During the call, the Scheme member would ask the driver for the driver’s true telephone number.  The Scheme member would then tell the victim driver that Company-2 would be sending the driver a link to a website that the driver must use to verify the driver’s information in order to obtain a bonus from Company-2. 

Thereafter, the Scheme member sent the victim driver a link to a malicious website (the “Fraudulent Company-2 Website”), that was controlled by Scheme members.  The Fraudulent Company-2 Website was designed to appear as if it were a website maintained by Company-2, and requested, among other information, the driver’s login credentials, including the driver’s phone number, email address, and unique Company-2 password.  Once the victim driver had entered this information on the Fraudulent Company-2 Website, Scheme members used the driver’s login credentials to log into the driver’s account through App-2 or the Company-2 web interface without the driver’s authorization.  Once Scheme members logged into the victim driver’s Company-2 account, Scheme members changed the bank account information associated with the account to a bank account that either they or another Scheme member controlled.  Once the victim driver’s account had been compromised and the bank account information altered, funds that the victim driver earned from Company-2 were diverted to Scheme members’ bank accounts.

The Defendants' Participation in the Scheme

Through the course of the Scheme, the defendants compromised thousands of Company-1 and Company-2 driver accounts, and stole millions of dollars from Company-1 and Company-2 driver accounts.  After receiving unauthorized transfers from Company-1 and Company-2, Scheme members withdrew the fraudulent proceeds from bank accounts, typically through large cash withdrawals or large purchases. 

Scheme members played different, and, at times, multiple roles in the Scheme.  “Recruiters” – including LOUIS PINA, MALIK GRAY, GEORGE JOSEPH, and DEVON WILLIAMS – used social media, including Snapchat, to bring new people into the Scheme and to coordinate the Scheme. 

“Callers” – including LOUIS PINA, MALIK GRAY, GEORGE JOSEPH, DEVON WILLIAMS and HAKEEN BALDEO – made calls to drivers impersonating Company-1 and Company-2 representatives using either their personal phones or a service that allows users to mask the number they use to make phone calls to victim drivers, during which they tricked drivers into providing personal information to allow them to obtain unauthorized access to their driver accounts.

“Account Hackers” – including LOUIS PINA, AKEEM KRUBALLY, DEVON WILLIAMS, and JOHNNY SERRANO – logged into Company-1 and Company-2 driver accounts without authorization to change bank account information. 

“Money Receivers” – including LOUIS PINA, MALIK GRAY, GEORGE JOSEPH, AKEEM KRUBALLY, THERESA OUTERBRIDGE, HAKEEM BALDEO, QUINTEEN LYNCH, KHALID NAZZAL, FRANCISCO VIRUET, JOHNNY SERRANO, THALIA CAQUIAS, and TANESHA FORD – received unauthorized transfers into their bank accounts from Company-1 and Company-2 as a result of the Scheme, and then withdrew large amounts of cash from those accounts shortly following these unauthorized transfers. 

PINA, 23, of Bronx, NY; GRAY, 21, of Mount Vernon, NY; JOSEPH, 22, of Mount Vernon, NY; KRUBALLY, 21, of Mount Vernon, NY; OUTERBRIDGE, 27, of Mount Vernon, NY; WILLIAMS, 22, of Mount Vernon, NY; BALDEO, 20, of Rye Brook, NY; LYNCH, 27, of Mount Vernon, NY; NAZZAL, 22, of Yonkers, NY; VIRUET, 19, of Bronx, NY; SERRANO, 25, of Bronx, NY; CAQUIAS, 20, of Bronx, NY; and FORD, 21, of Mount Vernon, NY, are each charged with one count of conspiring to commit wire fraud, which carries a maximum sentence of 20 years in prison, one count of conspiracy to commit access device fraud, which carries a maximum sentence of seven-and-a-half years in prison, and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison that must be imposed consecutively to any other sentence.  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 the Criminal Investigators of the United States Attorney’s Office for the Southern District of New York and the USSS.  Mr. Kim further thanked the Westchester County District Attorney’s Office for their assistance and cooperation throughout this investigation, and also thanked the FBI’s Westchester County Safe Streets Task Force for their assistance. 

 

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

Correction Officer Sentenced To 16 Months In Connection With Cover-Up Of Inmate Assault

Officer Rodiny Calypso Lied Repeatedly on a Use of Force Report After Beating a Handcuffed Inmate in a Shower Stall

  Joon H. Kim, Acting United States Attorney for the Southern District of New York, announced today that RODINY CALYPSO, a former New York City Correction Officer, was sentenced today in Manhattan federal court to 16 months in prison for filing a false “Use of Force” report in connection with his beating of a handcuffed inmate at Rikers Island.  CALYPSO was found guilty of filing the false report on August 16, 2017, following a five-day jury trial at which he was also acquitted of one count of violating the civil rights of an inmate and one count of obstruction of justice.  U.S. District Judge Valerie E. Caproni imposed today’s sentence.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Today, Rodiny Calypso received the prison term that his cover-up deserved.  A day after being caught on videotape beating a handcuffed man at Rikers Island, Rodiny Calypso undermined the ensuing investigation by repeatedly lying on a report.  The integrity of investigations into Constitutional violations at New York’s jails and prisons is critically important, and lying to interfere with them can lead to a federal conviction, as well as time in prison.” 

In sentencing CALYPSO, Judge Caproni said:  “Make no mistake about it, this is a serious offense.  Other correction officers should think long and hard about telling the truth on the Use of Force forms.  It is important that they know that it’s not just that use of force that will get you in trouble, but lying to cover it up will, too.”  Judge Caproni added that “the message has to be that you will pay dearly, not just with the loss of your job, but with the loss of your liberty” if a correction officer files a false report.

According to the Complaint, Indictment, other documents filed in Manhattan federal court, and evidence presented at trial:

Rikers Island is a jail complex located in the Bronx, New York, maintained by the New York City Department of Correction.  At the time of his assault, the inmate (“Inmate-1”) was a pretrial detainee in the Otis Bantum Correctional Center (“OBCC”), a facility that houses, among other inmates, inmates in need of maximum security.  Inmate-1 was housed in 5 North, a dormitory area within the OBCC in which inmates were generally kept in solitary confinement in individual cells for 23 hours per day.  The shower facilities within 5 North were individual stalls, to be occupied by one inmate at a time, and to which inmates were brought handcuffed, then uncuffed through a port in the shower stall door, and then handcuffed again through the port before being brought out of the stalls by correction officers.

The Assault and Cover-Up

 Shortly before noon on February 27, 2014, CALYPSO relieved another correction officer at 5 North while Inmate-1 was in the shower.  Inmate-1 and CALYPSO had an extended and heated verbal exchange, during which CALYPSO picked up some personal items Inmate-1 had dropped outside the door through the port.  At one point, CALYPSO stepped away from the door and spoke to a fellow correction officer one level down within the dorm area.  That person left the dorm area and returned with another officer (“Officer-1”), who looked up at the shower area.

CALYPSO rear-cuffed Inmate-1 for removal and briefly looked down in the direction of the other officer.  CALYPSO then opened the door to the shower stall and, within seconds, sucker-punched Inmate-1 several times in the face.  He followed Inmate-1 into the shower area, where he put Inmate-1 into a headlock and punched him several more times in the head.  CALYPSO then began to lose his footing, and clung to Inmate-1’s side.  Officer-1 arrived in the stall at this point.  As Officer-1 restrained Inmate-1, CALYPSO regained his footing and elbowed Inmate-1 repeatedly – approximately five times – in the head.  As a result of the assault, Inmate-1 suffered lacerations to his face and the back of his head.  The entire assault was captured on surveillance video and witnessed by multiple inmates whose cells were positioned opposite the shower area.

The New York City Department of Correction issues directives governing the circumstances under which the use of force against inmates is appropriate.  Under these directives, force is to be used as a last resort, when an inmate in restraints is still dangerous to himself and others.  The directives also dictate how incidents in which force is used are to be reported – on a “Use of Force” report to be filled out truthfully and promptly.

A full day after the assault, in violation of the directives, CALYPSO filled out a “Use of Force Report” form on which he was supposed to report truthfully the circumstances of that assault.  Over multiple pages and numerous answer fields within the report, CALYPSO attempted to justify his conduct by lying about whether and how Inmate-1 had acted aggressively toward him and whether his violent response was necessary.  He also mischaracterized and misstated portions of the assault, omitting the punches he delivered while holding Inmate-1 in a headlock and claiming that he had hit CALYPSO only in the “upper torso” area.

CALYPSO was terminated from his job as a correction officer following his criminal conviction.

              

Mr. Kim praised the investigative work of the FBI.  Mr. Kim also thanked the New York City Department of Investigation, the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation.

A.G. Schneiderman Launches Webpage For New Yorkers To Report Misused Identities In FCC Net Neutrality Comment Process

Preliminary Investigation By AG’s Office and Public Reports Indicate FCC Comment Process Was Corrupted By Fake Comments

AG’s Office Encourages New Yorkers to Check if Their Identity Was Misused to Submit Fake Comments in Net Neutrality Debate

Federal Communications Commission—and Dozens of Other Federal Agencies—Rely On Public Comments to Help Determine Sweeping Federal Policies That Affect All New Yorkers

  New York Attorney General Schneiderman announced the launch of a new webpage for New Yorkers at ag.ny.gov/fakecomments to check whether their identities were wrongfully used without their consent during the FCC’s public comment process on net neutrality – and to report that misuse to the Attorney General’s office.

“Everyone should be concerned about potential corruption of the federal policy making process,” said Attorney General Schneiderman. “The FCC is refusing to help us—or anyone else—conduct a serious investigation, so we’re asking New Yorkers to help us get to the bottom of what happened. New Yorkers deserve a fair and transparent process – not only here where the future of their internet access hangs in the balance, but in every case where the government is considering a policy that affects Americans’ daily lives.”

The webpage launches after Attorney General Schneiderman announced last week, in an open letter to the FCC, that his office has for six months been investigating the submission of enormous numbers of fake comments on the possible repeal of net neutrality rules using real Americans’ identities. An analysis by the Attorney General’s office found that tens of thousands of these comments may have misused the real names and addresses of New Yorkers; in all, hundreds of thousands of Americans likely were victimized in the same way, including tens of thousands per state in California, Georgia, Missouri, Ohio, Pennsylvania, Texas, and possibly others. Impersonation and other misuse of a person’s identity violates New York law.

Before releasing Attorney General Schneiderman’s open letter, the Office of the Attorney General contacted the FCC and its top officials—including Chairman Ajit Pai, three successive acting FCC General Counsels, and the FCC’s Inspector General—at least nine times to request assistance in its investigation. The FCC has been unwilling to provide records related to its public comment system that are necessary to investigate which bad actor or actors are behind the misconduct. This marks a departure from past practice where the FCC has cooperated with the Office of the Attorney General on confidential investigations into practices that had harmed New Yorkers and residents of other states.

New Yorkers can search whether their identities have been misused and assist in Attorney General Schneiderman’s investigation by heading to ag.ny.gov/fakecomments and taking the following steps:

Go to the FCC comment system webpage where you can search for filed comments.

Search for comments that may have misused your identity:

1. Locate the “Search Full Text” field at the top of the search form and enter your first and last name (no initial). (The search page does not allow you to use the “Name of Filer” field to search on your first and last name, so make sure you use the “Search Full Text” field.)
2. Click the "Search" button at the bottom of the web page.
3. If results appear, click on any comment that uses your name, and when the comment appears review the name, the address, and the comment text.  (If no results appear, your identity most likely was not misused.)

If any comment you review uses your name in combination with your current or past address without your permission, locate the ID number on the upper left of the comment page and fill out the form at ag.ny.gov/fakecomments.

Comptroller Stringer Releases Fact Sheet Outlining 20 Ways the GOP Tax Plans Hurt New Yorkers

The Republican tax plans give corporations and the very top tax breaks — and pays for them by cutting healthcare and increasing taxes on working families

“It doesn’t matter if you’re a Democrat or a Republican — if you’re a New Yorker, these bills go after you.” — NYC Comptroller Stringer

   Just days after Republicans in the House of Representatives passed their tax reform plan, and as the full Senate begins to debate its own tax bill, New York City Comptroller Scott M. Stringer today released a fact sheet outlining 20 ways the GOP tax plans affects New Yorkers.

The fact sheet highlights the effects of eliminating state and local tax (SALT) deductions, repealing Obamacare, boosting taxes on low-income and middle-class families, and cutting investment in affordable housing that will make it harder for working New Yorkers to get ahead. In addition, the fact sheet shows how the GOP plans to permanently lower corporate taxes, slash taxes for the top one percent of earners in New York City, and even give private jet owners a tax break — helping wealthy Americans at the expense of everyday families.

“The GOP tax plans would make robber barons blush. Republicans might talk about fighting for the middle class, but they’re working to strip healthcare from millions and pickpocket working families to pay for giant breaks for big corporations,” New York City Comptroller Scott M. Stringer said. “Slashing SALT is a direct assault on New York City. It doesn’t matter if you’re a Democrat or a Republican — if you’re a New Yorker, these bills target you. They’re economically backwards and morally wrong. That’s why my office is going to keep crunching the numbers that New Yorkers need to fight back against these bills.”

To view the fact sheet as a PDF, click here.

The 20 ways the GOP tax plans hurt New Yorkers include:

1 - The GOP Tax Plans are first and foremost a tax cut for big corporations and the very wealthy that is paid for through increased taxes on hardworking, low- and moderate-income New Yorkers.

2 - Many New York City residents could see higher taxes as a result of the elimination or curtailment of state and local tax deductibility for individuals, which currently benefits 1.3 million city residents.

3 - The House plan would result in almost 700,000 New York City residents paying more in taxes. Almost half of those who would pay more are families and individuals with incomes below $100,000, who would see their taxes rise by an average $800, primarily as a result of the elimination of state and local tax deductibility.

4 - Eliminating or limiting the deduction for local property taxes will lower home values – usually the single biggest source of retirement savings for middle-class households.

5 - But while individuals would lose the valuable benefit from deducting state and local taxes, corporations would still be able to do so.

6 - Under the House version, the highest income earners in New York (the top 1%) would see average tax cuts of over $100,000 – far in excess of the average 1 percent cut for families with incomes under $100,000.

7 - The Tax Plans make permanent cuts to corporate tax rates but phase out tax cuts that benefit working people and families. A decade from now, while large corporations will still be paying less, the tax benefits seen by everyday New Yorkers will be gone.

8 - The Plans favor some types of businesses over others: individuals with income from real estate and oil businesses would get significantly bigger tax breaks than the doctors, lawyers, architects and other service professionals that are central to New York City’s economy.

9 - The Tax Plans are an assault on New York City’s knowledge economy: they would tax university endowments, tax graduate fellowships, raise the cost of capital for non-profit hospitals, universities, social service and cultural institutions, and eliminate the deduction for student loans – worth $309 million to 279,000 New Yorkers in 2015.

10 - The House Plan threatens affordable housing by eliminating Private Activity Bonds and their associated Low Income Housing Tax Credits, which finance over $1 billion in affordable housing development in New York City annually.

11 - The Senate Tax Plan would repeal Obamacare, resulting in 843,000 New Yorkers becoming uninsured and cutting Medicare by $1.7 billion across the state.

12 - Moreover, under the House Tax Plan, taxpayers with large medical expenses will be prohibited from deducting those expenses.  In 2015, 125,000 New York City residents deducted $1.2 billion in medical expenses from their taxes.

13 - The Plans would curtail charitable contributions, since many individuals would no longer deduct these from their income. In 2015, 26 percent of New York City filers took advantage of the deduction, averaging almost $10,000 in charitable giving per filer.  That’s over $10 billion in support to food pantries, domestic violence victims, museums and cultural institutions, and much more.

14 - Under the House Tax Plan, when one of the 92,000 New York City public school teachers buys supplies for their classroom, they will no longer be able to deduct that expense.

15 - The Tax Plan passed by the House raises costs for state and local governments: it would tax certain earnings of public pension funds, and limit the refinancing of bonds, further raising costs for local taxpayers.

16 - The House Plan would trigger federal budget cuts that could result in elimination of over $190 million per year in promised federal interest subsidies for City bonds issued under the 2009 stimulus act.

17 - Under the House plan, starting in 2024, the estate tax will disappear completely. This amounts to a $150 billion tax break for the Mar-A-Lago set.

18 - The Senate Plan provides a tax break for owners of private jets.

19 - The House Tax Plan eliminates the Work Opportunity Tax Credit, which encourages businesses to hire, among others, unemployed veterans and people with disabilities.

20 - The Tax Plans would explode the federal deficit by $1.5 trillion over a ten year period.

Recording Artist And Performer DMX Pleads Guilty In Manhattan Federal Court To Tax Fraud Violation

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and James D. Robnett, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced that EARL SIMMONS, an internationally known recording artist, performer, and actor known professionally as “DMX” and “X,” pled guilty today in Manhattan federal court to one count of tax fraud for evading the payment of income taxes in the period from 2010 through 2016.  In total, during that time period, SIMMONS engaged in a scheme to conceal millions of dollars of income from the IRS and to avoid paying $1.7 million of tax liabilities.  SIMMONS pled guilty before U.S. District Judge Jed S. Rakoff.

Acting U.S. Attorney Joon H. Kim said:  “Today, Earl Simmons, the actor, producer and recording artist known as DMX, admitted to systematically cheating on his taxes.  By insisting to be paid in cash whenever possible and having royalty payments diverted to the accounts of financial surrogates, Simmons concealed hundreds of thousands of dollars of income from the IRS.  Today, Simmons made a choice between ‘Right or Wrong,’ and did the right thing, admitting his guilt, and agreeing to pay his tax liabilities.  No matter who you are or whatever fame you may have achieved, the law applies equally to all, and no one is exempt from the shared obligation to pay our taxes.”

IRS-CI Special Agent in Charge James D. Robnett said:  “Mr. Simmons skirted his responsibilities when he chose to ignore his duty to pay his taxes. We should not forget that the ultimate victims in tax fraud cases are the honest US taxpayers who file and pay their taxes. This guilty plea shows that IRS-Criminal Investigation is working to ensure all taxpayers file and pay their fair share.”

According to the Indictment and statements made at today’s plea proceeding:

SIMMONS, known professionally as “DMX” or “X,” worked as a recording artist, performer, and actor.  Beginning in 1997, SIMMONS released a series of hip-hop albums that sold millions of records.  Many of his albums went platinum and occupied the top positions on musical charts.  During his career, SIMMONS has performed at venues across the United States and around the world, and has acted in motion pictures.

As a result of the income SIMMONS earned from sources including musical recordings and performances, from 2002 through 2005 he incurred federal income tax liabilities of approximately $1.7 million.  Those liabilities went unpaid, and in 2005, the IRS began efforts to collect SIMMONS’s unpaid tax liabilities. 

During the period from 2010 through 2015, SIMMONS earned over $2.3 million, but SIMMONS did not file personal income tax returns during that time period.  Instead, he orchestrated a scheme to evade payment of his outstanding tax liabilities, largely by maintaining a cash lifestyle, avoiding the use of a personal bank account, and using the bank accounts of nominees, including his business managers, to pay personal expenses.  For example, SIMMONS received hundreds of thousands of dollars of royalty income from his music recordings.  SIMMONS caused that income to be deposited into the bank accounts of his managers, who then disbursed it to him in cash or used it to pay his personal expenses.  SIMMONS also participated in the “Celebrity Couples Therapy” television show in 2011 and 2012 and was paid $125,000 for his participation.  When taxes were withheld from the check for the first installment of that fee by the producer, SIMMONS refused to tape the remainder of the television show until the check was reissued without withholding taxes.

SIMMONS took other steps to conceal his income from the IRS and others, including by filing a false affidavit in U.S. Bankruptcy Court that listed his income as “unknown” for 2011 and 2012, and as $10,000 for 2013.  In fact, SIMMONS received hundreds of thousands of dollars of income in each of those years.

SIMMONS, 46, of Yonkers, New York, faces a maximum sentence of five years in prison.  As part of his plea agreement, SIMMONS is also required to pay restitution to the IRS.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  SIMMONS is scheduled to be sentenced by Judge Rakoff on March 29, 2018, at 4:00 P.M.

Mr. Kim praised the work of the Internal Revenue Service, Criminal Investigation.