Mayor de Blasio Announces Retirement of Chancellor Farina, and Retention of Police, Fire, and Corporation Counsel Heads

  It’s an important day for the city and an important day for the administration. I want to announce some important personal actions that will have an impact for years to come and want you to know how proud I am at the outset of the team that we assembled from the beginning and the incredible work that they have done.

I’ve told you throughout we will be providing you with personal updates as they occur and let me go over several things with you right now. First, very good news for the City of New York and the people of New York City.

Three tremendous public servants will continue their work on behalf of the city going into the second term – our police commissioner Jimmy O’Neill, our fire commissioner Dan Nigro, and our corporation counselor Zach Carter. And I want to thank them all for their continued commitment to this city and for the great work they are doing. I want to say something about each because I really want to honor what they have achieved.

First of all, Commissioner O’Neill, I have to say Jimmy, you have done an outstanding job it’s been now, I guess we are pushing on towards a year and a half now – hey guess what let’s start with the most important point. We have the safest big city in America and it continues to get safer. That is testament to the leadership of Commissioner Jimmy O’Neill and the great work of the men and women of the NYPD. You will remember that Jimmy started on a very difficult day – the day of the bombing in Chelsea. He proved literally on day one that he was ready for the job and he has continued to prove it every day since.

His most foundational contribution was the work he did in building the neighborhood policing model under Commissioner Bratton. That model has flourished. It has proven to be extraordinary to our crime fighting efforts and to improving the relationship between police and community and he’s also led the way in a number of key reforms including bringing body cameras to all of our officers on patrol in the coming years. Extraordinary achievement and I’m looking forward to a lot more from Commissioner Jimmy O’Neill.

I also want to quote from the Associated Press today. Looking at the crime statistics for this year and we always remind everyone the statistics represent human beings and human lives and the fact that we are on the pace to have a level of crime that we have not seen in this city in over half a century.

But the quote that jumped out to me was amazing and I, because it is the Associated Press it’s being seen all over the country – it says these numbers mean a person’s odds of getting killed by homicide in tightly packed, diverse New York City were about the same as they were last year in Wyoming, Montana and South Dakota. Extraordinary impact that your leadership has had Jimmy, and extraordinary credit to the men and women under your command.

Commissioner Dan Nigro has been a revelation from my point of view – a leader who has managed to continually make the FDNY stronger. He is universally respected, has governed over consistent progress in his agency. In 2016 the fewest fire death in New York City in over a century. An extraordinary achievement.

We have, this year, one of the safest years on record and we have a Fire Department that after a lot of years of challenges has made a huge step forward and increasingly has a personnel that look like all of New York City. Diversity in the Fire Department has increased consistently and the recent firefighter exam was taken by more than 46,000 people, 60 percent of whom were women and people of color. That’s the most ever. So, Commissioner Nigro, just so appreciative of all you’ve achieved and the constant progress you’ve made in your agency. And so happy you’ll be continuing in the role.

The last announcement, obviously is a bittersweet one. It’s not news you’ve seen in the last 24 hours but I want to just speak from heart here about Carmen Fariña.

I have so many stories I could tell and so many warm moments and so many special moments along the way going back now 16, 17 years to when we first met and the work we did locally in District 15 in Brooklyn. And from the very beginning, Carmen was someone that I realized was an extraordinary talent but also extraordinarily wise.

And I learned a lot from her from the very beginning. I sought her counsel in all the years in between. And then the day came when the people chose me as their mayor and we had to decide on a Schools Chancellor, incredibly important difficult role. And I reached out to Carmen Fariña.

And her first impulse was to offer me advice and I tried to steer the conversation to the topic of Carmen Fariña with no success initially. But the more we talked the more I tried that subterfuge of describing the ideal candidate and then saying, “Oh, by the way, that describes you.”

Slowly but surely she warmed to the idea of coming out of retirement and getting back on the playing field. One thing I did not know about Carmen at the time was that she would take on the role with the kind of energy you can only call superhuman.

When someone’s coming out of retirement to take on one of the toughest jobs in the country, you wouldn’t blame them if they just worked like anyone else. She proceeded to do something miraculous. I constantly called her or emailed her while she was in the middle of a school visit.

I have no idea how she possibly managed to visit so many schools so often while answering emails from parents all over the city, while attending strategy meetings here and at the Tweed building – just unbelievable energy and focus which harkens back to one of my favorite quotes of the entire administration. The day – it was a very special day for Carmen and me both because we did the announcement at M. S. 51, in the school district that both of served those years earlier at the middle school that both Chiara and Dante went to, on the gym floor where Chiara and Dante used to play basketball.

And it was a very personal moment for me. And I was caught up in that but the single most memorable moment that day was when Carmen flashed a big, bright smile and said that part of why she was going to take on this job even though she had reached the age of 70, that she was coming back – she had said, “Today, 70 is the new 40.” And she just beamed this big smile.

I think your version of 70-is-the-new-40 actually sometimes looked like the new 30 or the new 20 because there was so much energy. But more than just the extraordinary wisdom and energy and leadership is what she achieved.

And I can tell you something – I heard this from teachers all over the school system, I heard it from parents – people felt they were in good hands. They felt that there was an educator at the helm who really knew her stuff and really felt their lives, and it made all the difference.

She will go down in history not only as one of the longest serving chancellors in the history of New York City but as one of the most effective chancellors we’ve ever had.

And the list of achievements is extraordinary.

Highest graduation rate in the history of New York City, highest college enrollment rate for our young people, highest college readiness rate, four years of improved test scores, obviously a crucial role in the launching of pre-k which has been profoundly important to the future of this city, and then the launching of 3-K. I remember being in that classroom with Carmen in the first hours of 3-K starting in this city and seeing the shape of the future.

And one of the reasons why it was possible was her confidence in her team in the ability to do great things. She never shirked. She never shirked when we talked about creating the Equity and Excellence agenda.

She never shirked when I said, “Carmen we have to figure out a pathway to getting all our kids reading on grade level by third grade.” I remember that conversation like it was yesterday. I think some of it was right in this room.

She soberly told me how unprecedented it would be in this city to achieve that level. And then she proceeded to tell me exactly what it would take and said, “We’re going to take on the mission.”

That is the epitome of who Carmen Fariña is. So many children benefitted. So many educators benefitted from her leadership.

And I also want to say at a time when this nation was roiled by division, our Chancellor stood up as a great example of what’s best New York City.

She, with her powerful voice, her presence reassured parents and kids all over the city including our immigrant children who really feared what was coming next in their lives but because of Carmen’s leadership, they knew there was a place where they were safe and respected and protected, and that was in our schools. And that made a big, big difference at a very sensitive moment for this city.

I could go on and on but suffice to say, I asked a lot of Carmen Fariña and she gave me even more. And it’s been a fantastic four years I couldn’t be happier with what we’ve achieved together.

And I am now formally announcing the second retirement of Carmen Fariña. And she can – and I can say this from the bottom of my heart – leave public service with her head held very, very high.

MAJOR HEROIN AND COCAINE TRAFFICKING GROUP DISMANTLED, 21 PEOPLE INDICTED, TEN KILOS OF HEROIN AND $20,000 SEIZED

Two Defendants Indicted For Operating As Major Traffickers Could Face Life in Prison Narcotics Trafficked Throughout NY Metropolitan Area

  Bronx District Attorney Darcel D. Clark today announced that a joint investigation with the New York City Police Department with the assistance of Homeland Security Investigations has resulted in the indictment of 21 people for trafficking heroin and cocaine throughout the Bronx, reaching into upstate New York, New Jersey and Connecticut. 

 District Attorney Clark said, “Through the efforts of a year-long joint investigation, we have dismantled a major drug organization and charged the defendants with over 100 counts of various serious charges. Two of the defendants are charged with Operating as a Major Trafficker and could face life behind bars. The defendants allegedly peddled heroin and cocaine throughout the Bronx, spreading their operation to two other states. We will go wherever our investigation leads to make our borough safe and with our law enforcement partners, we will continue to pursue and prosecute those doing harm to our communities.” 

 NYPD Commissioner James O’Neill said, “These narcotics traffickers operated an organized criminal network through which major quantities of illicit and potentially deadly drugs infected the streets of the Bronx during a period in which opioid-related deaths have been reaching epidemic levels. Through major cases like this one, the NYPD, along with our law enforcement and prosecution partners, continues to focus on the source and supply of illegal drugs and together we are committed to bring these criminals to justice." 

 Homeland Security Investigations New York Special Agent in Charge Angel M. Melendez said, “These individuals are alleged to have trafficked large quantities of highly addictive drugs through our local communities and into our surrounding states. Our neighborhoods have been plagued with opioid addictions, and we will continue joint law enforcement efforts with the NYPD in order to rid our streets of the dealers and traffickers of these deadly drugs.”

 District Attorney Clark said the defendants are variously charged with first, second and third-degree Criminal Sale of a Controlled Substance; first, second and third-degree Criminal Possession of a Controlled Substance; second and fourth-degree Conspiracy; and other related charges. Defendants Mario Martinez and Joan Velez are charged with Operating as a Major Trafficker. They face a maximum of 25 years to life in prison if convicted of that charge. 

 Eleven defendants were arrested in a takedown on December 20, 2017 and were arraigned before Bronx Supreme Court Justice Robert Neary. They are due back in court on March 28, 2018. One defendant is awaiting extradition from Connecticut.

 According to the 12-month wiretap investigation by the Bronx DA’s Special Investigations Bureau and Criminal Enterprise Bureau along with the NYPD Bronx Gang Squad and Homeland Security Investigations, defendants Mario Martinez and Joan Velez worked together to obtain and distribute narcotics. The defendants resold the narcotics throughout the Bronx and New York State, New Jersey and Connecticut.

 Several of the defendants allegedly sold drugs along West Burnside Avenue in the 46th Precinct. During the investigation, authorities seized over 10 kilograms of heroin, packaged in bricks and thousands of glassines, as well as various quantities of cocaine and crack-cocaine, $20,000 in cash and three firearms.

 District Attorney Clark thanked the NYPD’s Bronx DA Squad, the NYPD Bronx Gang Squad, the 48th Precinct, Homeland Security Investigations Violent Gang Unit, Connecticut State Police and the Connecticut Department of Probation for their assistance in the case. 

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

Defendants - Mario Martinez, 46, Bronx Joan Velez, 36, Bronx Franky Skinner AKA Row, 48, Bronx Johnnie Wright AKA Jimmy, 36, Ulster County, NY Ramon Bonilla AKA Baldy, 52, Bronx Luis Raposo AKA Luisito, 50, Bronx David Hemphill AKA Dolla, 40, Bronx Alexis Sanchez AKA Butter, 39, Bronx Michael Collins AKA Mike, 29, Bronx Christian Sanchez AKA Bori, 32, Manhattan Emmanuel Gomez AKA Pistola, 35, Bronx Yessenia Castro AKA La Yii, 33, Bronx Francisco Brito, 38, Bronx Randy Minaya, 30, Bronx Miguel Robles, 36, Bronx Michael Gallardo AKA Mike, 39, Bronx Victor Lora, 24, Westchester County, NY Leo Bonilla, 34, Bronx Robert Porras AKA Robo, 39, Manhattan Stephen Carrasco AKA Smurf, 42, Bronx Desjohn Curry, 28, Bronx.

What You Should Know By Senator Rev Rubén Díaz 32nd Senatorial District Why Is It That When People of Colour Are In Charge, Our Communities of Colour Do Worst?

  Why Is It That When People of Colour Are In Charge, Our Communities of Colour Do Worst? 

You should know that we, people of colour, are always demanding and struggling to achieve opportunities in high places to help our Black and Latino communities.  But history has shown that once one of us acquires a position fought, our communities do not improve or prosper. 

It is important for you to know that our struggle, I include myself, has always been in an effort to improve the quality of life of our people by having members of our own communities represent us.  But surprise, surprise we too often find that this does not always happen. 

It has been my experience that when we have been fortunate enough to put one of our own in charge, there is always someone, not of our own communities of Colour, behind the scenes pulling the strings.  This happens on a national, state, and city levels. 

Let’s look at some city and state examples.  Beginning with the New York City Council Speaker.   

In the New York City Council, when I was there in 2001, we created a Black and Latino Caucus established to help and address the issues affecting our communities of colour. It was destroyed, dismantled, abolished to give way for a speaker, member of the minority community and the creation of the “Progressive Caucus”.   

As a result, we got Mellissa Mark-Viverito a Puerto Rican woman to serve as our City Council Speaker.   Well that did nothing for our communities of colour, didn’t matter that one of our own held a powerful position as Speaker.  Instead, Mellissa Mark-Viverito dedicated herself to move forward her lefty agenda while rumor has it that behind the scenes strings were being pulled by Council Member Brad Lander and others, none with their best interest for the minority communities and their improvement. 

Rumor also has it that whenever the unions, businesses, lobbyists and other interest groups needed something they called those individuals behind the scenes.  You should know that this was not the case under the Black and Hispanic Caucus.   

Another case was when I served on the CCRB (NYC Civilian Complaint Review Board) the majority of police brutally complaints were against Black and Latino police officers patrolling Black and Latino communities.   

For years the outcry was that communities of colour wanted and needed to have our own patrolling our communities, thinking that this would solve and improve police and community relations.   We thought people of colour would be better off because they would understand, and be sensitive to people like us because they are like us. So, we thought.   But once many got that badge, that gun, and the authority, all sensitivities were lost.   CCRB Complaints showed that our own was the first to slap, curse and abuse their power on members of their own communities of colour.   

The same is true at our city agencies.  When members of our communities of colour go to a social services office, a hospital emergency room, retail stores or other facilities, too often people of colour are mistreated, are having to wait long hours to be serviced and the delivery of service is substandard and of poor quality.  Doesn’t matter that the delivery of service comes from our own kind. 

Now let’s look at the Hon. Carmen Farina the New York City Public School Chancellor.  She has the title, but again rumor has it, and I am afraid that there have been others behind the scenes making the decisions that affect the quality of education our children are receiving.   

Under Ms. Farina bullying and crime in minority school districts increased and also our school’s performance rates are poor.   Meanwhile our minority chancellor instead of addressing these problems and work toward solving them she was used by others in a campaign to stop charter schools that have been proven to greatly benefit Black and Latino children. 

My dear reader, I could speak about endless examples including the State Legislature and State government agencies, such as the New York State Homes and Community Renewal (DHCR).   This agency is managed by people of colour appointed by the governor.  These managers appear to be manipulated.  The result is policies that contribute to an increase in family homelessness.   Landlords in State developments are granted approval for rent increases.   These rent increases force families out of their homes and into homeless shelters.   The number of homeless families in our city and state is a disgrace.   Who are those greatly this?  You guessed it, people of colour. 

I know that this WYSK will not be well received by many of those pulling the strings, and by those whose strings have been pulled by people of other ethnicity’s, and colour who do not represent nor have the best interests of the minority communities at heart.    I’m sure that they will blast me.  But as the saying goes “the truth hurts”.   But I always write the truth as I know it, even when I know that I might face criticism for it. 

I am Senator Ruben Diaz and this is what you should know.    

EDITOR'S NOTE:

  The days are winding down on State Senator Reverend Ruben Diaz Sr. He has given his resignation to the State Senate Democratic Conference Chair as of December 31st 2017. No soon to be former State Senator Diaz Sr. is not leaving politics, but was elected as the new Council member for the 18th City Council District. That means he should have 8 more years until he can finally retire on his record in city and state government. 

  Former State Senator and Councilman Elect Diaz Sr. you have made some bold moves in your current political career. While have you spoken out before, who is pulling your strings to vote for the new speaker of the City Council?

Engel Votes Against Republicans’ Inadequate Government Funding Bill

  Congressman Eliot Engel, a top member of the House Energy and Commerce Committee, issued the following statement after voting against the Continuing Resolution passed by House Republicans:

“Congressional Republicans have decided to cap off one of the least productive years in the history of Congress with yet another continuing resolution that kicks the can down the road on some of our nation’s most pressing issues. This abdication of duty is shameful – and especially galling after their gleeful display at the White House yesterday where they applauded themselves for their tax scam on the middle-class.

“I believe we should not end the year without enacting a solution for the hundreds of thousands of young people who had their immigration status so cruelly revoked by the President in September. Every day, another 122 DREAMers lose their protected status and are at risk of deportation. Yet, despite bipartisan support, this bill does not include a fix for DACA.

“We also should not have ended the year without fixing the mess House Republicans made when they allowed funding for the Children’s Health Insurance Program (CHIP) to expire. This CR fails our nation’s children, putting an inadequate patch on CHIP instead of a long-term, bipartisan reauthorization. This won’t help states plan and it won’t give CHIP families peace of mind.

“On top of that, this CR fails to provide adequate funding to care for our nation’s veterans. The VA is facing a dire shortfall and a shortage of 45,000 doctors, nurses and health care providers. It is unconscionable of GOP leaders not to authorize these funds and deny care to veterans.

“Finally, the House also voted today on a supplemental disaster relief package – but one that doesn’t sufficiently meet the needs of fellow Americans in Puerto Rico and the U.S. Virgin Islands. I voted against this package as well. We must do more to aid those struggling to rebuild in Hurricane Maria’s wake.

“No long-term, bipartisan funding for CHIP. No support for our veterans. No help for our DREAMers and inadequate assistance for Puerto Rico and the Virgin Islands. Failing to fix our biggest problems is exactly what has happened this year under Republican leadership.”

Twelve Members And Associates Of The Mount Vernon Goonies Street Gang Charged In Superseding Indictment With Murder, 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,” DAVID HARDY, a/k/a “Mooka,” JERMAINE HUGHLEY, a/k/a “Blacks,” RAHEEM JONES, a/k/a “Rah Trigger,” a/k/a “Trigga,” SINCERE SAVOY, a/k/a “Bitty,” JAMAAL SINCLAIR, a/k/a “Diggz,” NOEL SMITH, a/k/a “Georgie,” and ERNEST WEBB, a/k/a “Ern,” a/k/a “Ern Millz,” with various crimes relating to racketeering, murder, 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.  Eight of the defendants were previously charged in United States v. Overton, et al., 17 Cr. 644 (NSR) (the “Indictment”).  The Superseding Indictment, S1 17 Cr. 644 (NSR) (the “Superseding Indictment”), charges four additional defendants with racketeering charges and also charges the following two murders in Mount Vernon, New York:

 DAVID HARDY, a/k/a “Mooka,” MARQUIS COLLIER, a/k/a “Keise,” JERMAINE HUGHLEY, a/k/a “Blacks,” and SINCERE SAVOY, a/k/a “Bitty,” with the December 31, 2016, murder of Shamoya McKenzie, a 13-year-old innocent bystander; and

 ERNEST WEBB, a/k/a “Ern,” a/k/a “Ern Millz,” with the September 22, 2014, murder of Dean Daniels.    

Acting U.S. Attorney Joon H. Kim said:  “When gangs flourish, neighborhoods suffer, parents grieve, and children die.  It is as simple as that.  Dreams like the ones Shamoya McKenzie must have had for herself — as she sat innocently in the car, next to her mother on New Year's Eve, coming from basketball practice — should be cultivated and allowed to flourish, not violently crushed, a tragic victim of an utterly senseless war between street gangs.  Shamoya McKenzie deserved better.  Dean Daniels deserved better.  Mount Vernon deserves better.  And that is why we, with our federal and local partners, have brought this prosecution.  Today’s announcement is part of our Office’s ongoing and steadfast commitment to making the streets of Mt. Vernon, and the communities of Westchester safe.”

Westchester County District Attorney Anthony A. Scarpino Jr. said:  “For the better part of a decade, the Goonies have had a grip on neighborhoods in and around the City of Mount Vernon.  Through intimidation and violence, they’ve jeopardized the safety and quality of life for the hard working residents of Mount Vernon.  That violence turned deadly on at least two occasions when the lives of Shamoya McKenzie and Dean Daniels were cut short.  While we were able to charge David Hardy for the senseless murder of Shamoya, our partnership with the United States Attorney’s Office and the FBI will now enable us to charge others who also participated in those crimes.  Thanks to the collaborative efforts of federal, state and local law authorities, these defendants will all be held accountable for the crimes they now stand accused of.”

FBI Assistant Director William F. Sweeney Jr. said:  “The new charges members of this criminal gang now face show just how badly they allegedly terrorized a community.  They used violence to push illegal drugs and demonstrate how tough they were as a gang.  They didn’t think about who was hit by their bullets, and in the end that disregard cost an innocent young girl her life.  The FBI Westchester County Safe Streets Task Force won’t let up on their investigations into gangs that believe they act with impunity.  They don’t and now they will face justice for their deadly actions.”

According to the Superseding Indictment[1] unsealed today in White Plains federal court, and prior proceedings in the matter:

From 2007 to 2017, in the Southern District of New York and elsewhere, OVERTON, BLANTON, COLLIER, DINHAM, DIXON, HARDY, HUGHLEY, JONES, SAVOY, SINCLAIR, SMITH, and WEBB 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 murder, 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 Goonies have been engaged in a long-standing and violent feud with several rival Mount Vernon street gangs, including, among others, the “Boss Playa Family,” the “Get Money Gangstas,” the “Gunnas,” and the “Much Better Gang,” among others.  On December 31, 2016, the intended target of the shooting was a rival gang member.  Shamoya McKenzie was in the front passenger seat of a car driving by the shooting location, in the vicinity of Tecumseh Avenue and Third Street in Mount Vernon, New York, and was struck in the head by a bullet, resulting in her death.  As set forth in the Superseding Indictment, on or about September 22, 2014, in the vicinity of Park Avenue in Mount Vernon, Dean Daniels was shot to death.       

OVERTON, BLANTON, COLLIER, DINHAM, DIXON, JONES, and SMITH were already in custody based on the charges in the Indictment.  HARDY and HUGHLEY were already in custody on state charges, and were transferred to federal custody today.  SAVOY was arrested this morning in New Rochelle.  WEBB remains a fugitive.  The defendants who are in custody will be arraigned before the Honorable Lisa Margaret Smith, United States Magistrate Judge, this afternoon in White Plains federal court.  The case is assigned the United States District Judge Nelson S. Román.    

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 FBI, 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, Sarah Krissoff, Olga Zverovich, Christopher Clore, and Special Assistant United States Attorneys John O’Rourke and Lauren Abinanti are in charge of the prosecution.

The charges contained in the Indictment and Superseding 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” DAVID HARDY   a/k/a “Mooka” JERMAINE HUGHLEY    a/k/a “Blacks” RAHEEM JONES   a/k/a “Rah Trigger”   a/k/a “Trigga” SINCERE SAVOY   a/k/a “Bitty” JAMAAL SINCLAIR   a/k/a “Diggz” NOEL SMITH   a/k/a “Georgie” ERNEST WEBB   a/k/a “Ern,”   a/k/a “Ern Millz”	Life in prison
Count Two Firearms Offense	MARKEL OVERTON THOMAS BLANTON MARQUIS COLLIER KADEEM DINHAM DONNIE DIXON DAVID HARDY RAHEEM JONES JAMAAL SINCLAIR NOEL SMITH	Life in prison with a mandatory minimum of 10 years in prison
Count Three Conspiracy to Commit Murder in Aid of Racketeering	DAVID HARDY MARQUIS COLLIER JERMAINE HUGHLEY SINCERE SAVOY	10 years in prison
Count Four Murder in Aid of Racketeering	DAVID HARDY MARQUIS COLLIER JERMAINE HUGHLEY SINCERE SAVOY	Mandatory minimum:  Life in prison Maximum sentence:  Death
Count Five Use, Carrying, and Possession of Firearms, Resulting in Death	DAVID HARDY MARQUIS COLLIER JERMAINE HUGHLEY SINCERE SAVOY	Mandatory minimum:  5 years in prison Maximum sentence:  Death
Count Six Conspiracy to Commit Murder in Aid of Racketeering	ERNEST WEBB	10 years in prison
Count Seven Murder in Aid of Racketeering	ERNEST WEBB	Mandatory minimum:  Life in prison Maximum sentence:  Death
Count Eight Use, Carrying, and Possession of Firearms, Resulting in Death	ERNEST WEBB	Mandatory minimum:  5 years in prison Maximum sentence:  Death
Count Nine 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	26
KADEEM DINHAM	26
DONNIE DIXON	28
DAVID HARDY	22
JERMAINE HUGHLEY	25
RAHEEM JONES	29
SINCERE SAVOY	20
JAMAAL SINCLAIR	29
NOEL SMITH	34
ERNEST WEBB	29

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

Former Embraer Sales Executive Pleads Guilty To Foreign Bribery And Fraud Charges

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and John P. Cronan, the Acting Assistant Attorney General of the Criminal Division of the U.S. Department of Justice, announced that COLIN STEVEN pled guilty to Foreign Corrupt Practices Act, wire fraud, money laundering, and false statement charges arising from his role in paying bribes to a foreign official in exchange for assistance in obtaining business for STEVEN’s employer, Embraer S.A. (“Embraer”).  STEVEN, a former executive in Embraer’s Executive Jets Division, arranged for Embraer to pay over $1.5 million in bribes to an official at the state-owned and state-controlled national oil company of Saudi Arabia (the “Saudi Arabia Company”), and ultimately received a kickback from a portion of the bribe proceeds.  STEVEN pled guilty today before U.S. District Judge Alison J. Nathan.

According to the allegations contained in the Information to which STEVEN pled guilty, and statements made during the plea and other court proceedings:

Embraer, an aircraft manufacturer based in Brazil, has operations and subsidiaries in various locations around the world, including the United States and the Middle East.  Embraer manufactures commercial, executive, and defense aircraft for governmental and private customers throughout the world.  STEVEN, a British national, was an executive responsible for overseeing the generation of sales for a particular Embraer division in regions that included the Middle East.

In approximately 2006, STEVEN learned that the Saudi Arabia Company was interested in purchasing aircraft, and for a period of three years after that STEVEN and a salesperson who reported to him had occasional contact with employees of the Saudi Arabia Company to discuss the potential sale of three Embraer jets.  In late 2009, STEVEN met with an official of the Saudi Arabia Company (the “Saudi Arabia Official”) in London, England.  The Saudi Arabia Official offered to help Embraer win the aircraft contract from the Saudi Arabia Company, and to ensure that the Saudi Arabia Company would buy new – not used – jets from Embraer, in exchange for a payment.  STEVEN agreed to cause Embraer to pay the Saudi Arabia Official $550,000 per aircraft, for a total bribe amount of $1.65 million.

In late 2009 and early 2010, STEVEN developed a plan to use a company based in South Africa (the “South Africa Company”) as a purported agent on the transaction, which would result in Embraer paying the South Africa Company $1.65 million in “finders fees,” when in fact the South African Company would perform no work on the transaction and would be used to facilitate and to disguise the payment to the Saudi Arabia Official.

In early 2010, on the Saudi Arabia Official’s recommendation, a committee at the Saudi Arabia Company approved the purchase of three new aircraft from Embraer for $93 million.  A subsidiary of Embraer also entered into an agreement with the South Africa Company, pursuant to which the South Africa Company would purportedly promote the sale of Embraer aircraft to a subsidiary of the Saudi Arabia Company.  In reality, the South Africa Company provided no services to Embraer other than serving as a conduit to funnel payments to the Saudi Arabia Official.  An Embraer subsidiary subsequently wired $1.65 million to the South Africa Company, in December 2010 and February 2011.  Between February 2011 and April 2011, the South Africa Company wired approximately $1.4 million to bank accounts in Switzerland and Bahrain held by an individual who was acting as an intermediary for the Saudi Arabia Official.

STEVEN also developed a plan to take a portion of the bribe proceeds as a kickback, and ultimately received approximately $130,000 in wire transfers from the South Africa Company in October and December 2011.

STEVEN was later interviewed by an agent of the Federal Bureau of Investigation in December 2014, and falsely stated that a wire transfer he received from the South Africa Company in 2011 was for the purpose of buying real estate in connection with a potential business venture between STEVEN and an executive of the South Africa Company.

The guilty plea entered today follows the execution in October 2016 of a deferred prosecution agreement between the Department of Justice and Embraer, under which Embraer agreed to pay a $107 million penalty as part of a $205 million global resolution to investigations by the Department, the Securities & Exchange Commission, and Brazilian authorities related to corrupt conduct in several countries, including Saudi Arabia.  The agreement acknowledged Embraer’s cooperation with the investigations.

STEVEN, 61, resides in Dubai, United Arab Emirates.  A chart listing the maximum sentences relating to the charges in the Information is below.  As part of his plea agreement, STEVEN is also required to pay forfeiture and restitution.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  STEVEN is scheduled to be sentenced by Judge Nathan on June 21, 2018.

The FBI’s International Corruption Squads, based in Miami, Florida, and Los Angeles, California, investigated the case.  The Criminal Division’s Office of International Affairs provided significant assistance in this matter.  The Office also appreciates the cooperation and assistance provided by authorities in Brazil, the Dominican Republic, South Africa and Switzerland in this matter.

Count	Charge		Maximum sentence
One	Conspiracy to violate the Foreign Corrupt Practices Act (“FCPA”), 18 U.S.C. § 371		Five years in prison
Two	Violation of the FCPA, 15 U.S.C. §§ 78dd-1 and 78ff(c)(2)(A), and 18 U.S.C. § 2		Five years in prison
Three	Conspiracy to commit wire fraud, 18 U.S.C. § 1349		20 years in prison
Four	Wire fraud, 18 U.S.C. §§ 1343 and 2		20 years in prison
Five	Conspiracy to commit money laundering, 18 U.S.C. § 1956(h)		20 years in prison
Six	Money laundering, 18 U.S.C. §§ 1956(a)(2)(A) and 2		20 years in prison
Seven	False statements, 18 U.S.C. § 1001		Five years in prison