Senator Luis Sepulveda - GANG VIOLENCE IN THE BRONX AND NYS

Legislation would require small businesses across state to offer “safe haven” to endangered children and youth 
 

State Senator Luis Sepulveda and Assemblyman Victor Pichardo announced Tuesday, July 10, introduction of “Safe Havens for Endangered Children” legislation that would require all small businesses to call police when a child or young person in danger seeks help from them. 

 

The proposed law, to be known as “Junior’s Law,” comes after Bronx 15-year-old Lesandro (Junior) Guzman-Felix was dragged from a bodega where he had sought refuge and stabbed to death by members of a violent street gang that had been chasing him, all caught on video. 

  

Joined by the slain youth’s family members, clergy and community leaders at a press conference outside the bodega where the teen was murdered, Senator Sepulveda and Assemblyman Pichardo said the Safe Havens bill would also amend the education law to help create “Safe Walking Home Zones” by having school officials work with local chambers of commerce to create safe pathways to and from schools. 

  

A second piece of legislation would also require small businesses to keep first aid kits. 

  

“While the bodega owner where the incident occurred did try to help, and did call 911 twice, according to police, we want to make sure that any business owner or their employees who encounter a situation involving a minor who has been abused or may be in danger has a duty to try to help,” said Senator Sepulveda. “Community businesses should be safe havens for our youth. They should promptly notify police.” 

                                                        

“The murder of Lesandro “Junior” Guzman-Feliz has devastated our close-knit Bronx communities,” said Assemblyman Pichardo. “While I applaud the New York City Police Department for swiftly apprehending the suspects, we as legislators must do more to address the scourge of gang violence that has claimed far too many lives here in the Bronx and across our state. The safety of our children and families is always paramount and I’ll do everything I can to get violent gang members off our streets.” 

  

The slain teen’s father, Lissandro Guzman, speaking in Spanish, said “I feel very content, and with all my heart, I hope this bill that carries son’s name gets passed so it can prevent situations like this from happening again, and so we can create more security for our beloved children.” 

Depending on the situation, if a business with fewer than 50 employees fails to “provide a safe refuge for a child who had physical injury inflicted upon him or is in imminent danger of such injury until authorities arrive,” the business would be subject to penalties to be determined by the commissioner of the state Office of Children and Family Services. 

Sepulveda said that he and Assemblyman Pichardo are still looking at what potential fines or other sanctions might be imposed. 

The bill to require first aid kids in small businesses would amend state labor and public health laws to require small businesses with fewer than 50 employes to have and maintain a first aid kit on the premises at all times. Compliance would be checked during regular health or safety inspections of the building and business.

“We need to ensure that businesses are equipped to help those who are injured to save lives,” said Senator Sepulveda. 

  

Twelve alleged members of the Trinitarios gang are now under arrest in connection with the June 20 attack. They face charges of murder, manslaughter, gang assault and criminal possession of a weapon, according to police.

DE BLASIO ADMINISTRATION BEGINS CONSTRUCTION ON NEW 40TH PRECINCT STATION HOUSE

New building will help strengthen bond between neighborhood and police with community event space

  The de Blasio Administration today announced that construction has begun on the new 40^thPrecinct Station House. This state of the art building will help to deepen  the bond between neighborhood and police with the first ever community event space in an NYPD facility. The new precinct will be located at 567 East 149^th Street, at the corner of St. Anne’s Avenue in the South Bronx. The $68 million project is expected to be completed in Spring 2021.

“While crime is at a record low in New York City, there is still more work to do to ensure that every New Yorker feels safe in their neighborhood,” said Mayor Bill de Blasio. “This new precinct will strengthen the bond between community and police, which will ultimately help make the South Bronx and our City safer.”

“Today, we’re one step closer to fulfilling the pledge we made to the people of the South Bronx four years ago: To build a new, state-of-the-art NYPD facility that belongs to this community like no other station house in the city,”Police Commissioner James P. O’Neill said. “This is critical, because Neighborhood Policing and the shared responsibility of public safety in our city require us to come together. We’re on this path together, and we’re thrilled that this neighborhood will finally get the station house it needs, and the access to its police department it deserves.”

“The new 40th Precinct Station House is designed to meet the administration’s goals for equal opportunity, community well-being and environmental sustainability,” said DDC Acting Commissioner Ana Barrio. “The building will provide community space in an environment that highlights collaboration, as well as everything NYPD needs to do its job efficiently and effectively. DDC is proud to partner with NYPD on this major investment in the future of the South Bronx.”

This new station house will help to further strengthen the bond between New Yorkers and police.  The 42,000 square foot facility will have space for neighborhood events and meetings. This will be the first NYPD facility to have a room solely dedicated to community events.

The new station house will include areas for officer training and for physical fitness. There will be ample space for storage and maintenance of gear and vehicles. The building includes fuel tanks and backup generators that will enable it to continue to serve the community for several days in case of a blackout or other power loss.

The building is also designed to meet the requirements to be certified LEED Silver for environmental sustainability. The structure will include a planted green roof to reduce stormwater runoff. Potable water usage will be one-third less than comparable buildings, and high efficiency fixtures and control systems will reduce energy usage by over ten percent. The station house’s cooling systems will also not use CFC-based refrigerants.

The 40^th Precinct Station House was designed by a firm in the DDC’s Design and Construction Excellence program. The program, which began in 2004, minimizes the timeline for the design procurement process while ensuring the highest levels of quality and professionalism in design and construction projects managed by the agency. All firms in the program are committed to incorporating design guidelines to ensure that public projects are designed and built to the highest standards that comply with the Administration’s goal to create a sustainable, resilient and equitable City.

Engel Statement on Brett Kavanaugh’s Nomination to the Supreme Court

  “Unsurprisingly, the President has chosen another regressive ideologue to serve on the Supreme Court in Brett Kavanaugh. Over the course of a career that can only be described as hyper-partisan, Kavanaugh has demonstrated a history of anti-women, anti-labor, anti-consumer views, and his ultra-conservatism could turn back the clock on decades of American progress. The fact that Kavanaugh cut his teeth working under Kenneth Starr on the Clinton impeachment tells you almost everything you need to know. His appointment by George W. Bush to the federal bench was stalled for three years because of his partisan record, with Senator Ted Kennedy saying at the time Kavanaugh would be the ‘least experienced and most partisan appointee to the court in decades.’ And Kavanaugh is also on record as saying he believes the President of the United States should be exempt from both criminal prosecution and civil suits while in office. How convenient for our current Commander-in-Chief.

“There was a time when a Supreme Court pick like this was considered too outlandish, even for Republicans. But the GOP has so thoroughly lost its moral center that now this type of reckless choice is par for the course.

“When considering what to do next, Senate Democrats would be wise to remember the lessons learned during the ill-fated Merrick Garland nomination in 2016. There, Republicans completely ignored 200 years of etiquette and obliterated the process by which we appoint Supreme Court judges. They also got what they wanted. The Senate should, at the least, postpone consideration of this nomination until after the November elections.”

The Christians Should Be Upset With Cuomo, Not the Gay Community By Councilman Rev. Ruben Diaz

What You Should Know  

By The Councilman Rev. Ruben Diaz

District 18 County Bronx, New York

You should know that Governor Andrew Cuomo is facing a democratic primary from a member of the LGBTQ community by the name of Cynthia Nixon, an actress and a well-known community activist. 

It is important for you to know that Cynthia Nixon and many other members of the LGBTQ community in New York State are married to another member of the same sex thanks to Governor Cuomo and Senator Thomas “Tom” Duane.

If there is same sex marriage in New York State, it’s owed to the direct intervention of that duo – Governor Cuomo and Senator Tom Duane. Believe me, I know, I was there and I was the only Democrat in NY Senate that for four years, because of my religious belief, I voted against same sex marriage.

The Senate needed 32 votes to pass the legislation and we were only 32 Democrats. Governor Cuomo and Senator Tom Duane worked day and night to convince every single Democrat in the NYS Senate to vote for same sex marriage. They did convince everyone else, but me.

You should know that Governor Cuomo went out of his way to sway 4 Republican Senators – Senators Stephen M. Saland, Jim Alesi, Mark Grisanti and Roy J. McDonald - to vote in favor of same sex marriage. How did he do it? What did he promise them? What were the negotiations? Who knows? But, the fact of the matter is Governor Cuomo and Senator Duane achieved the task of having same sex marriage approved in New York State.

Now, a member of the LGBTQ community and other leaders of the community are going all the way out to kick Governor Cuomo out of the Governorship. After what he did, this is what he is getting in return? It is mind-boggling. 

I could understand them getting angry at me, spending their money trying to get me out and shooting all kind of political diatribes against me. Because as a pastor and minister, I was the one opposing gay marriage. But attacking Governor Cuomo and going after him? I don’t understand that.

It is us, the religious community that should be angry at Governor Cuomo, but we are not! Gay marriage is already a law; we have learned to live with it and to respect it, even though we disagree with it.

I am Councilman Rev Ruben Diaz, Sr. and this is what you should know. 

EDITOR'S NOTE:

Is this the acceptance of Same Sex Marriage by Reverend Councilman Ruben Diaz Sr.?

We know his son Bronx Borough President Ruben Diaz Jr. is supporting Governor Andrew Cuomo for re-election.

Since in many elections Ruben Diaz Jr. and Ruben Diaz Sr. have endorsed opposing candidates, is Reverend Councilman Ruben Diaz Sr. going to support candidate Cynthia Nixon for Governor? 

That is what you should know?

East 204th Street Bangladeshi Event Huge Success

  On Sunday  East 204th Street between Decatur and Hull Avenues was closed for the Annual Bangladeshi Street Festival. Officers from the 52nd Precinct estimated over 500 people attended the day long street festival. There were booths set up to buy traditional Bangladesh food and clothing, a stage set up for various modern and traditional music, and a visit by Assemblywoman Nathalia Fernandez who handed out citations to several of the people who made the festival possible. Photos of the event are below.

Above - you can see the very crowded street with various booths set up.

Below - A traditional Bangladesh performer. 

Above and Below - Just a few of the awards given out by Assemblywoman Fernandez. Mr. Mohammed Mujumder introduced the honorees.

A colorful (and properly dressed for the event) Assemblywoman Nathalia Fernandez addresses the huge audience at the East 204th Street festival.

Former NBA Player Sentenced for False Tax Returns, Identity Theft Related to Charity Fraud Scheme

  A former professional basketball player was sentenced in federal court today on charges related to an extensive charity fraud scheme.

Kermit Alan Washington, 66, of Las Vegas, Nev., was sentenced by U.S. District Judge Greg Kays six years in federal prison without parole. The court also ordered Washington to pay $967,158 in restitution. Washington was taken into federal custody at the conclusion of today’s sentencing hearing.

“This former NBA player abused his fame and status to promote a charity scam by which he raised hundreds of thousands of dollars that he diverted to personal spending on lavish vacations, shopping sprees, and even plastic surgery for his girlfriend,” said Garrison. “Although he told his donors that 100 percent of all donations would go to support charitable work in Africa, including a medical clinic for needy families and HIV-positive children, in fact he spent most of the donated funds on himself. His fraud scheme also victimized law-abiding taxpayers by stealing from the public treasury rather than paying taxes owed.”

On Nov. 30, 2017, Washington pleaded guilty to two counts of filing a false tax return and one count of aggravated identity theft. Washington is among 11 defendants who have been convicted in several cases arising from the investigation of one of the largest software piracy schemes ever prosecuted by the U.S. Department of Justice. Investigators seized more than $20 million in assets from conspirators who are estimated to have sold in excess of $100 million worth of illicit, unauthorized and counterfeit software products to thousands of online customers.

eBay/PayPal Software Piracy Fraud Scheme

Washington’s charity, The Sixth Man Foundation, doing business as Project Contact Africa, operated an eBay store and used a PayPal account to facilitate payments. Approximately $12 million in items, including unauthorized, illicit, and counterfeit software and software components were sold on the Project Contact Africa eBay store.

In a separate but related case, Reza Davachi of Damascus, Md., pleaded guilty to a fraud scheme for abusing the benefits afforded a charity in these sales on Project Contact Africa’s eBay store.

Customers of the charity’s eBay store were under the impression that “100 percent” of the proceeds of sales were intended to go to the charity when, in fact, only a portion of the proceeds actually went to the charity. Washington admitted that he diverted funds from the charity’s bank account to pay himself or for personal spending, such as rent, credit card payments, vacation trips and plastic surgery for his then-girlfriend. Washington claimed to pay the rent and school fees for a family in Africa when, in fact, these payments were to a former prostitute, and rose and fell depending on their level of sexual intimacy.

By using the charity’s account to sell items through the eBay charity store, conspirators saved thousands of dollars per month that would have otherwise been paid to eBay in the form of various fees. As a result, eBay/PayPal sustained losses of approximately $908,231 due to the waived fees.

Workers’ Compensation Referral Scheme

Washington also admitted that he referred professional athletes to attorney Ronald Jack Mix, 80, of San Diego, Calif., so that Mix could file workers’ compensation claims in the state of California on behalf of the athletes. Mix then agreed to make donations to Washington’s charity.

Washington accepted approximately $155,000 in donations to his charity, which were actually illegal referral payments from Mix and his law firm. Washington diverted those funds from the charity’s bank account to pay himself or for personal spending. Washington admitted that he failed to account for this income to the charity on Project Contact Africa’s IRS filings during those years.

In a separate but related case, Mix pleaded guilty to filing a false tax return. Mix admitted that he made donations ranging from $5,000 to $25,000 for referrals of athletes, some of whom lived in the Western District of Missouri. Mix then claimed those payments as charitable contributions on his individual tax returns from 2010 to 2013. Mix was sentenced to time served and ordered to pay $49,543 in restitution.

False Tax Returns, Identity Theft

According to court documents, Washington diverted charity proceeds and failed to declare this income on federal income tax returns from 2010 to 2014. During this time, Washington also improperly claimed tens of thousands of dollars in personal charitable deductions. Washington’s additional tax due for his underreported income is $90,181. 

Additionally, Washington is assessed $876,977 in excess benefit taxes related to the payment of excess benefits to a disqualified person (the use of charity funds for personal purposes by an officer of a charity). Washington’s accumulated tax loss for 2010 through 2014 thus totals $976,158.

Washington specifically pleaded guilty to filing a materially false individual tax return on Feb. 18, 2014, and to filing a materially false Form 990-EZ for his tax-exempt organization on Aug. 20, 2012.

Washington also specifically pleaded guilty to using the name, personal address and business address of another person without lawful authority in numerous state and federal filings on behalf of the charity. The identity theft victim, identified in court documents as “T.G.”, was a resident of Oregon. Washington admitted that he used her identity information so that Project Contact Africa could maintain its active status within the state of Oregon, which enabled the charity to receive the charitable donations and to maintain the charity store on eBay.

Two Defendants Arrested For Distribution Of Controlled Substances Through Sham Internet Pharmacy

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Valerie Nickerson, the Special Agent in Charge of the New Jersey Office of the Drug Enforcement Administration (“DEA”), and Judy Ramos, the Acting Inspector in Charge of the New Jersey Office of the United States Postal Inspection Service (“USPIS”), announced today that EVELIN BRACY and JORGE RODRIGUEZ LOPEZ were arrested and charged in Manhattan federal court with conspiracy to distribute controlled substances, including oxycodone, hydrocodone, and more than 40 grams of the fentanyl analogue U-47700, distribution of controlled substances over the Internet, and conspiracy to commit money laundering, in connection with a large-scale drug distribution operation  purporting to be an online pharmacy.  BRACY and RODRIGUEZ LOPEZ were both arrested this morning.  Both defendants will be presented today before U.S. Magistrate Judge Sarah Netburn. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Evelin Bracy and Jorge Rodriguez Lopez distributed controlled substances to individuals throughout the United States as part of a drug trafficking organization that sold pharmaceuticals through a website purporting to be an online pharmacy.  Bracy and Rodriguez Lopez allegedly conspired to distribute oxycodone, hydrocodone, and a fentanyl analogue, and laundered hundreds of thousands of dollars in narcotics trafficking proceeds. Thanks to the outstanding investigative work of the DEA and USPIS, these two defendants are now facing prosecution.”  

DEA Special Agent in Charge Valerie Nickerson said:  “The two individuals arrested allegedly have been distributing powerful narcotics not just in New Jersey, but across the United States, based on orders place through a supposed online pharmacy.  This very profitable, alleged illegal endeavor has come to an end thanks to the hard work of the men and women of the DEA and the USPIS.  Whether on a street corner or in cyberspace we will continue to pursue those pushing these drugs in our communities.”

USPIS Acting Inspector in Charge Judy Ramos said:  “Postal Inspectors, federal prosecutors and our law enforcement partners have diligently worked to identify and disrupt the activities of an online pharmacy suspected of peddling illegal pills and money laundering.  Postal Inspectors will continue to tirelessly investigate these types of crimes that utilize the U.S. Postal Service to facilitate illicit transactions.”

According to the allegations in the Complaint[[1]] unsealed today in Manhattan federal court:

Law enforcement agents began investigating an online pharmacy website (the “Pharmacy Website”) following an overdose death of a victim in Boise, Idaho, on or about March 17, 2017, whose death was caused by elevated levels of multiple prescription opioids as well as fentanyl. The victim’s computer showed that he had repeatedly ordered painkillers from the Pharmacy Website, and that he had wired thousands of dollars to a bank account in connection with these purchases.  Law enforcement subsequently discovered that this bank account was being used by BRACY and RODRIGUEZ LOPEZ.  Bank records show that this bank account and several others used by BRACY have received over $750,000 in apparent narcotics proceeds, and that BRACY and RODRIGUEZ LOPEZ have withdrawn hundreds of thousands of dollars in cash from these accounts, and have also used these bank accounts to pay for costs associated with the drug distribution operation, including the costs of shipping controlled substances.

In the course of the investigation, undercover law enforcement agents conducted multiple purchases of controlled substances from the Pharmacy Website, and received instructions to send payment for these drugs to BRACY and RODRIGUEZ LOPEZ.  The substances purchased by undercover law enforcement agents included substances that tested positive for oxycodone and hydrocodone.

The investigation has revealed that in some cases customers purchased what they believed to be prescription drugs such as alprazolam or oxycodone from the Pharmacy Website, but instead received pills containing other substances.  In the course of the investigation, law enforcement agents seized a package that had been sent to RODRIGUEZ LOPEZ, and recovered over 200 pills weighing over 40 grams.  These pills tested positive for U-47700, which is a fentanyl analogue listed on Schedule I.

BRACY, 34, and RODRIGUEZ LOPEZ, 32, who both reside in New Brunswick, New Jersey, have each been charged with one count of conspiracy to distribute controlled substances including at least 40 grams of the fentanyl analogue U-47700, which carries a maximum sentence of 40 years in prison and a mandatory minimum sentence of five years in prison, one count of distribution of controlled substances over the Internet, which carries a maximum sentence of 40 years in prison and a mandatory minimum sentence of five years in prison, and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences 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. Berman praised the investigative work of the DEA and USPIS in this investigation. He added that the investigation is continuing.

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 herein constitute only allegations, and every fact described should be treated as an allegation.

BRONX MAN SENTENCED TO 25 YEARS IN PRISON FOR MURDER OF WOMAN ON THANKSGIVING EVE 2014

Victim And Defendant Lived On Same Block; She Was Stabbed Repeatedly 

  Bronx District Attorney Darcel D. Clark today announced that a 52-year-old Bronx man was sentenced to 25 years in prison following his conviction for first-degree Manslaughter in the stabbing of a 53-year-old woman on Thanksgiving Eve in 2014. 

  District Attorney Clark said, “The defendant stabbed the victim, whom he was acquainted with, over 20 times. He will now serve many years for the vicious crime he committed. Hopefully this sentence will bring some justice for the victim’s loved ones.” 

 District Attorney Clark said the defendant, Antonio Gonzales, 52, of 105 East Clarke Place, was sentenced today by Bronx Supreme Court Justice Steven Barrett to 25 years in prison and five years post-release supervision. The defendant pleaded guilty to first-degree Manslaughter on June 12, 2018. 

 According to the investigation, on November 27, 2014 the defendant went to 121 East Clarke Place, the home of the victim, Cynthia Taylor. The defendant stabbed the victim more than 20 times, striking her in the neck and torso. The defendant said in previous statements that he hit, kicked, and stabbed the victim with scissors. The defendant was arrested for the killing on September 22, 2016 after his DNA was matched to the crime scene.