MAYOR DE BLASIO AND SPEAKER JOHNSON CELEBRATE SIGNING OF WASTE EQUITY LEGISLATION

New legislation reduces waste capacity in historically overburdened communities and advances borough equity in waste infrastructure

  Mayor Bill de Blasio signed legislation that will reduce the amount of waste that can be taken at transfer stations in four neighborhoods that bear the brunt of the city’s waste management infrastructure. Intro 157-C, known as the Waste Equity bill and sponsored by Council Member Antonio Reynoso, provides much needed relief to communities in the Bronx, Brooklyn and Queens that have disproportionately shared the city’s waste management infrastructure and will prohibit the creation of new waste transfer stations in neighborhoods that handle at least 10 percent of the City’s waste.

“For far too long, a few communities have been saturated by waste transfer stations and resulting truck traffic. We are creating a more equitable city by shifting the burden away from those communities, and protecting other neighborhoods from facing this inequity in the future,” said Mayor Bill de Blasio. “Half a million fewer tons of trash in these neighborhoods each year means cleaner air, less congested streets, and safer environments for our kids.”

“Low-income communities have been overburdened by the amount of waste handled for far too long. North Brooklyn, the South Bronx and Southeastern Queens have – for generations – been dumping grounds for this city’s waste. This law will place a limit on the amount of trash moving in and out of neighborhoods that for years have taken on an unfair burden. I thank Council Members Antonio Reynoso and Stephen Levin for their leadership on this and Mayor Bill de Blasio for his support,” said City Council Speaker Corey Johnson.

“This legislation will bring much needed relief to these communities that have borne the burden of our waste management infrastructure for far too long,” said Sanitation Commissioner Kathryn Garcia. “Residents of North Brooklyn, the South Bronx and Southeast Queens have fought for decades to achieve justice. I want to thank the sponsors of this legislation for their relentless efforts to bring relief to these overburdened communities.”

The law reduces the amount of waste that can be processed at waste transfer stations in certain neighborhoods, and will dramatically reduce truck traffic associated with garbage collection in neighborhoods that have historically handled the majority of the city’s waste. Through this plan, neighborhoods including the South Bronx, Northern Brooklyn, and Jamaica will decrease their share of the City’s overall waste-collection capacity and will ensure that capacity is more equitably distributed throughout the city. The bill also restricts the construction of new waste transfer stations or additional permitted capacity in overburdened neighborhoods to ensure a decrease in truck-related traffic, pollution, and subsequent negative health effects on people living in those neighborhoods. Combined, these initiatives will decrease pollution-related health effects in neighborhoods in the Bronx, Brooklyn, and Queens while forging a more equitable sanitation infrastructure that balances infrastructural burdens across all boroughs.

The law marks the final chapter of the City’s Solid Waste Management Plan, which will dramatically reduce truck traffic associated with waste collection and hauling in neighborhoods historically overburdened by waste processing infrastructure, including North Brooklyn, the South Bronx and Southeast Queens. DSNY estimates that this bill will move between 1200 and 1800 tons per day of waste out of these neighborhoods, which means 120 to 180 trucks per day (on average) that will no longer dump waste in these four overburdened community boards, and about 60 tractor trailers per day that will no longer haul waste out of these neighborhoods.

In 2017, these four districts received a total of 15,045 tons per day of waste. See below.

District	Tons per day
BX01	3824
BX02	2537
BK01	7003
QN12	1682

The bill will reduce the amount of waste that at private transfer stations can accept by 50 percent in North Brooklyn and 33 percent in the South Bronx and Southeast Queens. It also promotes the development of new recycling and organics processing capacity and provides exemptions for waste transfer stations that export waste by rail. The capacity reductions will take effect at each transfer station’s annual permit renewal beginning October 1, 2019.

It also prohibits the creation of new transfer station capacity in the future in any community board that already has an unfair share of waste infrastructure. The bill requires the Sanitation Department to submit an annual report on waste transfer stations and create a voluntary displaced employee list for any employees of transfer stations that close as a result of this law.

Today’s bill signing marks the final chapter of the City’s Solid Waste Management Plan (SWMP), which was adopted by the City Council in 2006 and is based on the concept of borough equity – that no borough should be responsible for managing another’s garbage.

After the closure of the Fresh Kills landfill in 2001, almost all of city’s waste was exported by long-haul truck from privately-operated transfer stations. Because of zoning and siting restrictions, these stations were predominately located in three neighborhoods in North Brooklyn, Southeast Queens, and the South Bronx. As a result, these neighborhoods were disproportionately impacted with health concerns and other hazards associated with heavy truck traffic, including air pollution and increased risks for pedestrians and cyclists.

The SWMP has dramatically reduced truck traffic associated with waste collection by moving away from transporting waste by long-haul truck, to transporting waste through a system of marine and rail transfer stations spread throughout the five boroughs. When completed next year, this new waste transfer system will reduce truck traffic associated with waste export by more than 60 million miles per year (including more than 5 million miles in and around New York City) and slash greenhouse gas emissions by 34,000 tons annually. The SWMP will also offer the city flexibility and resiliency in the case of a natural disaster or other emergency by providing a new world class infrastructure.

Today, seven of nine long-term export facilities envisioned in the SWMP are open and operating, including two of the converted Marine Transfer Stations. In addition, the Southwest Brooklyn Marine Transfer Station is scheduled to open in the fall and the East 91^st Street Marine Transfer Station in Manhattan is scheduled to open in spring 2019.

“It is a momentous day for North Brooklyn and environmental justice communities citywide” said Council Member Antonio Reynoso, Chair of the Committee on Sanitation and Solid Waste Management. “Intro 157’s enactment into law will finally provide protections for communities that have shouldered a disproportionate burden in the City’s waste processing system for decades. Low income communities of color will no longer serve as the dumping ground for the majority of the city’s trash. I applaud Mayor de Blasio for signing this legislation and Commissioner Garcia for being a critical supporter and partner. I want to thank the dozens of advocates who worked tirelessly to make today a reality and Speaker Johnson for shepherding this legislation through the Council. Today, folks in North Brooklyn, the South Bronx, and Southeast Queens can breathe easier knowing that future generations will not suffer from the high pollution and dangerous truck traffic associated with these transfer stations.”

EDITOR'S NOTE:

This legislation leaves loopholes in these overburdened communities, which could increase not decrease the amount of waste in these areas where there is rail transportation, such as the South Bronx. Here is the loophole in this legislation. "It also promotes the development of new recycling and organics processing capacity and provides exemptions for waste transfer stations that export waste by rail." 

Waste is already transported from the South Bronx Oak Point Yard in CB 2 to upstate New York or even out of state. The waste travels up the CSX/Metro North rail link along the Hudson line. 

On July 18th 2013 one such waste train derailed just north of the Metro North Marble Hill Station. The CSX Waste Train used a third rail to go around a Metro North passenger train (#781 local to Croton on the Harmon), that was held up in the station so the CSX Waste Train could pass it. Then the CSX Waste Train would return to the northbound track, but as the CSX Waste Train went to the main track it encountered a curve where nine cars from the middle of the train had derailed, spilling containers filled with waste on to all the tracks. A few busted open. 

Upon an investigation by Metro North and the NTSB of the Point of the Derailment investigators found that the insulators on the Pandrol Clips holding the rails to the concrete ties had slipped out of place slightly, with a noticeable gap between them and the rails in some areas. At the POD the rail was Bowed slightly outward resulting in a 5/16-inch (7.9 mm) variance from gauge. 

The NTSB concluded that the  result in soil infiltration of the underlying ballast, which had in itself been the result of inadequate drainage. As trains passed over this section of track, the stored water was pumped within the ballast, compromising the tracks ability to support the train. Eventually the ties began to crack in the center and abrade at the ends, and the rails themselves begin to cant outwards, gradually exceeding permitted gauge limits, as the track had in this case. The NTSB faulted Metro North for failing to follow its own maintenance schedule.

Acting Captain of the Bonanno Crime Family Sentenced to 14 Years’ Imprisonment for Racketeering Conspiracy

Ronald “Ronnie G” Giallanzo Also Must Pay $1.25 Million in Forfeiture and Sell His Mansion in Howard Beach, Queens

   In federal court in Brooklyn, Ronald “Ronnie G” Giallanzo, an acting captain in the Bonanno organized crime family of La Cosa Nostra, was sentenced by Chief United States District Judge Dora L. Irizarry to a total of 14 years’ imprisonment for racketeering conspiracy, including predicate acts of extortionate extension and collection of credit, as well as a related violation of the conditions of supervised release imposed for a prior racketeering conviction.  As part of his plea agreement with the government, the Court also ordered Giallanzo to pay $1.25 million in forfeiture and sell his mansion in Howard Beach, Queens, which was constructed using the criminal proceeds of the defendant’s loansharking business.  Giallanzo was also ordered to pay $268,000 in restitution to his victims.  Giallanzo pleaded guilty in March and June 2018.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.

“Today’s sentence punishes a violent mobster for running a massive loansharking operation that victimized a community and earned him millions in illicit profits,” stated United States Attorney Donoghue.  “Giallanzo is headed to prison, forced to sell his mansion built on ill-gotten proceeds and held responsible for brazenly committing many of his crimes from behind bars while serving another organized crime-related sentence.  Together with our law enforcement partners, this Office will continue to vigorously investigate and prosecute members and associates of organized crime.”  Mr. Donoghue thanked the Queens County District Attorney’s Office, the New York City Police Department and the U.S. Probation Department of the Eastern District of New York for their assistance in the investigation.

“Members of these mafia families continue to prey upon the people of their communities, lining their pockets on the backs of victims through intimidation and acts of violence,” stated FBI Assistant Director-in-Charge Sweeney.  “While these criminals lead lavish lifestyles, their victims struggle through years of financial distress and the constant fear of what will happen to them when they can no longer pay. The FBI New York Joint Organized Crime Task Force has been doggedly tracking members of the mafia for decades, and our work to round them up and put them in prison will not stop.”

Between 1998 and 2017, including eight years while incarcerated on a prior racketeering conviction and for nearly two years while on supervised release, Giallanzo ran a loansharking operation in which he loaned millions of dollars in cash at exorbitant weekly interest rates.  Giallanzo then directed a crew of Bonanno family soldiers and associates to  enforce the collection of the debts through violence and threats of physical injury.  Giallanzo used more than $1 million of the extortion proceeds to purchase, reconstruct and furnish a mansion, which featured five bedrooms and five bathrooms, radiant heated floors, high-end appliances, a built-in aquarium, wine cellar, home gym, three kitchens and a salt water pool with a waterfall.

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Lindsay K. Gerdes and Keith D. Edelman are in charge of the prosecution.

Defendant Sentenced Today:

RONALD GIALLANZO

Age:  48

Queens, New York

E.D.N.Y. Docket No. 17-CR-155 (S-1) and 06-CR-181 (DLI)

Defendants Previously Sentenced:

EVAN GREENBERG (also known as “The Jew”)

Age:  46

Queens, New York

RICHARD HECK (also known as “Richie”)

Age:  46

Queens, New York

MICHAEL HINTZE (also known as “Mike”)

Age:  52

Queens, New York

ROBERT TANICO (also known as “Chippy” and “Chip”)

Age:  50

Queens, New York

ANTHONY CUMINALE (also known as “Cubo”)

Age:  28

Queens, New York

E.D.N.Y. Docket No. 17-CR-155 (S-1) and 06-CR-181 (DLI)

Defendants Pending Sentence:

MICHAEL PADAVONA (also known as “Mike”)

Age:  50

Queens, New York

MICHAEL PALMACCIO (also known as “Mike”)

Age:  47

Queens, New York

CHRISTOPHER BOOTHBY (also known as “Bald Chris”)

Age:  39

Brooklyn, New York

NICHOLAS FESTA (also known as “Pudgie”)

Age:  40

Oceanside, New York

ROBERT PISANI (also known as “Rob”)

Age:  45

Queens, New York

ANGELO MOCCIA

Age:  44

Queens, New York

E.D.N.Y. Docket No. 17-CR-155 (S-1) (DLI)

22 Charged with Smuggling Millions of Dollars of Counterfeit Luxury Goods from China into The United States

Defendants Trafficked Items that Included Fake Louis Vuitton and Tory Burch Handbags, Michael Kors Wallets, Hermes Belts and Chanel Perfume

  In federal court in Brooklyn, six indictments and one criminal complaint were unsealed charging a total of 22 defendants with illegally bringing into the United States millions of dollars of Chinese-manufactured goods by smuggling them through ports of entry on the East and West Coasts.  The defendants were arrested, and their initial appearances and arraignments were scheduled before United States Magistrate Judge Lois Bloom.

The charges include conspiracy to traffic, and trafficking, in counterfeit goods; conspiracy to smuggle, and smuggling, counterfeit goods into the United States; money laundering conspiracy; immigration fraud and unlawful procurement of naturalization.  In addition, the government restrained nine real properties in Queens, Staten Island and Brooklyn, New York, belonging to the defendants.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian A. Benczkowski, Assistant Attorney General for the U.S. Department of Justice’s Criminal Division, Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York, and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.

“As alleged, the defendants used many forms of deception to smuggle large quantities of counterfeit luxury brand goods from China into the United States, and then profited by distributing and selling the fake merchandise,” stated United States Attorney Donoghue.  “This Office, working with our law enforcement partners, is committed to securing our country’s ports of entry, as well as to protecting the integrity of intellectual property upon which free and fair international trade and markets depend.”  Mr. Donoghue extended his grateful appreciation to the HSI Intellectual Property Group and the HSI Border Enforcement Security Task Force and the NYPD.  Mr. Donoghue also extended his thanks to U.S. Customs and Border Protection, the New York State Police and the Brooklyn District Attorney’s Office for their assistance.

“The defendants allegedly smuggled millions of dollars of counterfeit luxury goods into our country, depriving companies of their valuable and hard-earned intellectual property,” stated Assistant Attorney General Benczkowski.  “The illegal smuggling of counterfeit goods poses a real threat to honest businesses, and I commend our federal prosecutors and partners at HSI and the NYPD for their outstanding work on this important investigation.  The Department of Justice is committed to holding accountable those who seek to exploit our borders by smuggling counterfeit goods for sale on the black market.”

“This investigation exposed the global nature of intellectual property crimes, allegedly being executed by those arrested today. Counterfeit goods manufactured and smuggled from China with a suggested value north of half a billion dollars, were intended to make its way into U.S. markets and into the hands of unsuspecting consumers,” said HSI Special Agent-in-Charge Melendez. “This investigation should be a crystal clear message that counterfeiting and intellectual property rights violations is anything but a victimless crime as it harms legitimate businesses, consumers and governments.”

“Today’s indictments demonstrate our resolve to ensure a level playing field for all, and serve as a reminder that selling fake goods is never a victimless crime,” stated NYPD Commissioner O’Neill.  “Everything about these activities undermines public trust. And the NYPD, in close collaboration with all of our local, state, and federal law enforcement partners, will continue to aggressively combat and prosecute the evasive practices of the individuals and companies who attempt to operate outside our laws and regulations.”

According to the court filings, the defendants played various roles in the trafficking of counterfeit goods manufactured in China, brought by ocean-going ships to the United States in 40-foot shipping containers, smuggled through ports of entry disguised as legitimate imports and distributed throughout the country.  The counterfeit goods included items such as fake Louis Vuitton and Tory Burch handbags, Michael Kors wallets, Hermes belts and Chanel perfume.  The defendants’ roles included:

Importers

Qi Feng Liang, Wo Qi Liu, Zhi Ming Zhang and Yu Ming Wong served as shipping container importers.  They arranged to smuggle counterfeit goods into the United States through the Port of New York/New Jersey and elsewhere.  They fraudulently used the names, addresses and other identifying information of legitimate import companies and falsified the descriptions of the containers’ contents on U.S. customs paperwork associated with the containers of counterfeit goods.  They used “burner” phone numbers and “burner” email accounts—obtained by using false or incomplete information—in order to conceal their true identities.  The counterfeit goods were transported by trucks to self-storage facilities in Brooklyn, Queens and Long Island, New York, where the goods were unloaded and stored.  Qi Feng Liang, Wo Qi Liu, Zhi Ming Zhang and Yu Ming Wong smuggled or attempted to smuggle 23 40-foot shipping containers into the country loaded with counterfeit items.  The estimated Manufacturers’ Suggested Retail Price of these items, had they been genuine, would have been more than $450 million.

Wholesale Distributors

Josstina Lin, Xue Wei Qu, Xi Quan Huang, Yun Lei Huang, Yun Wu Huang, Si Lung Chung, Le Wei Zheng, Xiao Ying Huang, Qiong Chan Mu, Ren Zhong Zhu, Cheng Xu Yu, Jin Hua Zhang, Jian Hua Zhu, Yong Lin Dong and Cai Ying Lin managed the receipt, storage and distribution of counterfeit goods smuggled into the United States by the importers.  They resold the counterfeit items to other wholesale and retail sellers in New York, California and elsewhere in the United States.

Domestic Shippers

Wei Mei Gao, Sheng Miao Xia and Jie Mei Chen used private shipping businesses they controlled to distribute the counterfeit goods smuggled into the United States by the importers and handled by the wholesale distributors.  The domestic shippers also facilitated payments by the wholesale and retail counterfeit goods sellers to the wholesale distributors.

As alleged in the indictments, some defendants additionally conspired to launder the proceeds from the sale of counterfeit goods, and others illegally concealed their involvement in the trafficking of counterfeit goods when applying for immigration benefits.

The charges in the indictments and criminal complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.

The Department of Justice’s Task Force on Intellectual Property (IP Task Force) contributed to this case.  The IP Task Force is led by the Deputy Attorney General to combat the growing number of domestic and intellectual property crimes, to protect the health and safety of American consumers and to safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work.  To learn more about the IP Task Force, go to https://www.justice.gov/iptf.  For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny. 

The Defendants:

 QI FENG LIANG (also known as “Alex” and “Mike Sotire”)

Age: 34

Brooklyn, New York

WO QI LIU (also known as “Louis,” “Qi,” “Woqi” and “Big Elephant”)

Age: 43

Brooklyn, New York

ZHI MING ZHANG (also known as “Jordan” and “Four B”)

Age: 43

Staten Island, New York

JOSSTINA LIN (also known as “Tina”)

Age: 42

Brooklyn, New York

XUE WEI QU

Age: 51

Queens, New York

E.D.N.Y. Docket No. 18-CR-419 (WFK)

XI QUAN HUANG

Age: 58

Queens, New York

YUN LEI HUANG

Age: 32

Queens, New York

YUN WU HUANG

Age: 34

Queens, New York

WEI MEI GAO

Age: 35

Queens, New York

SHENG MIAO XIA

Age: 44

Queens, New York

E.D.N.Y. Docket No. 18-CR-408

SI LUNG CHUNG (also known as “Allan”)

Age: 42

New York, New York

LE WEI ZHENG

Age: 42

New York, New York

E.D.N.Y. Docket No. 18-CR-407 (CBA)

XIAO YING HUANG (also known as “Linda”)

Age: 53

Nassau County, New York

QIONG CHAN MU (also known as “Rosanna”)

Age: 26

Nassau County, New York

REN ZHONG ZHU

Age: 31

Nassau County, New York

E.D.N.Y. Docket No. 18-CR-423 (DLI)

YONG LIN DONG

Age: 43

Queens, New York

CAI YING LIN

Age: 43

Queens, New York

CHENG XU YU (also known as “Vic”)

Age: 29

Queens, New York

JIAN HUA ZHU

Age: 52

Queens, New York

JIN HUA ZHANG

Age: 55

Queens, New York

E.D.N.Y. Docket No. 18-CR-396 (JBW)

JIE MEI CHEN (also known as “Jenny”)

Age: 33

Queens, New York

E.D.N.Y. Docket No. 18-CR-409 (BMC)

YU MING WONG

Age: 36

Queens, New York

E.D.N.Y. Docket No. 18-MJ-752

Leader Of Crips Gang Sentenced To 16 Years In Prison For Firearms Possession And Witness Retaliation

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that RUBIN MOYE, a/k/a “Nut,” a high-ranking member of the Crips gang, was sentenced to 192 months in prison for the unlawful possession of a firearm and for ordering the assault of an individual he believed might testify against him.  MOYE was convicted on April 28, 2017, following a one-week jury trial before U.S. District Judge George B. Daniels, who also imposed today’s sentence.

U.S. Attorney Geoffrey S. Berman said:  “Rubin Moye illegally carried a loaded gun in the Bronx, and after he was caught red-handed, he ordered the violent assault of a suspected witness.  Together with our law enforcement partners, we will aggressively prosecute those who threaten our communities with illegal guns.  And we will not tolerate efforts to threaten or retaliate against witnesses who speak up about these crimes.”

According to the Complaint, the Indictment, other filings in Manhattan federal court, evidence at trial, and statements made in court proceedings:

On March 3, 2016, MOYE, a high-ranking member of the Crips gang, unlawfully possessed a loaded .38 caliber Taurus revolver (“the Firearm”) while driving in the Bronx, New York.  When MOYE failed to signal a right turn, two New York City Police Department (“NYPD”) officers conducted a routine traffic stop of MOYE’s vehicle.  MOYE, who was driving without a license, could not produce identification.  The officers asked MOYE to step out of the car and patted him down, discovering the Firearm inside MOYE’s pants.  MOYE possessed the Firearm despite having previously been convicted of two felonies, including a conviction for manslaughter in 1999 stemming from an incident in which MOYE shot several individuals, killing one and wounding two others. 

MOYE was subsequently charged with being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1), and he proceeded to trial in January 2017.  In connection with that trial, which resulted in a hung jury, MOYE ordered inmates to assault an incarcerated individual (the “Victim”) who MOYE anticipated might testify against him at trial.  As a result, during MOYE’s first trial, the Victim was violently attacked by two other inmates.

MOYE was retried in April 2017 and found guilty of the firearms offense, as well as of witness intimidation, in violation of Title 18, United States Code, Section 1512(a)(2), and of witness retaliation, in violation of Title 18, United States Code, Section 1513(a)(2). 

In addition to the prison term, MOYE, 35, of the Bronx, New York, was sentenced to five years of supervised release. 

Mr. Berman praised the outstanding investigative efforts of the New York City Police Department, including members of the 43rd Precinct Anti-Crime Unit and the Violent Crimes Squad, and the Federal Bureau of Prisons.  He also thanked the Office of the Bronx County District Attorney for its assistance. 

Genovese Crime Family Associate Sentenced To 25 Years In Prison For Murder Conspiracy And Other Racketeering Offenses

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that SALVATORE DELLIGATTI was sentenced today in Manhattan federal court to 25 years in prison for conspiring to participate in the Genovese Organized Crime Family of La Cosa Nostra through a pattern of racketeering activity, conspiring and attempting to commit murder in aid of racketeering, conspiring to commit murder-for-hire, and other related offenses.  DELLIGATTI, 42, was previously convicted by a jury following a three-week trial, and was sentenced in Manhattan federal court by the U.S. District Judge Katherine B. Forrest.

U.S. Attorney Geoffrey S. Berman said:  “Salvatore Delligatti, an associate of the Genovese Crime Family, recruited individuals to ambush and kill his intended victim, even providing them with a gun and getaway car.  Now, thanks to the outstanding work of our law enforcement partners, Delligatti will spend 25 years in prison.”

According to court papers filed in Manhattan federal court, other public filings, and the evidence presented in court during the trial:

From at least in or about 2010 through in or about 2015, DELLIGATTI was an associate of the Genovese Organized Crime Family of La Cosa Nostra.  During this period, DELLIGATTI conspired with others to participate in and conduct the affairs of the Genovese Family through a pattern of racketeering activity that included a murder conspiracy, an extortion conspiracy, and the operation of an illegal sports betting business.  In particular, in May and June 2014, DELLIGATTI hired several individuals from the Bronx to ambush DELLIGATTI’s intended victim outside the victim’s home in Queens.  DELLIGATTI offered to pay the individuals several thousand dollars for the murder, and provided them with, among other things, a loaded .38 caliber revolver and a getaway vehicle.  As a result of wiretap surveillance of DELLIGATTI by the Nassau County Police Department and the Nassau County District Attorney’s Office, the individuals hired by DELLIGATTI were apprehended just a few blocks from the intended victim’s residence on June 8, 2014.

Mr. Berman praised the outstanding investigative work of the Nassau County Police Department and the Federal Bureau of Investigation.  He also thanked the Nassau County District Attorney’s Office, the Diplomatic Security Service of the United States Department of State, and the Special Agents of the United States Attorney’s Office for the Southern District of New York. 

Former New York City Police Department Official Pleads Guilty To Conspiring To Bribe Police Officers In Connection With Gun License Bribery Scheme

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the guilty plea of PAUL DEAN, to his role in a scheme to obtain approval of gun licenses by the New York City Police Department (“NYPD”) License Division in exchange for cash payments and non-monetary bribes.  DEAN, once second-in-command of the License Division, pled guilty to one count of conspiracy to commit bribery before U.S. District Judge Edgardo Ramos.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Paul Dean betrayed his duty as a former leader within the New York City Police Department to protect and serve the public.  Instead of assuring the integrity of the License Division he oversaw – a division charged with protecting the public safety by restricting access to firearms – he sought to corrupt it by bribing the very officers once under his command.  This Office will continue to stop such corruption which undermines the public’s confidence in the law enforcement officers and institutions sworn to serve us all.”

According to the Indictment and Complaint filed in this case, other public filings, and statements made during the plea proceeding:

DEAN was a member of the NYPD from 1994 through 2016, and was assigned to the License Division from 2008 through 2016.  DEAN, a lieutenant, was one of the highest-ranking members of the License Division and, from approximately November 2014 through November 2015, regularly ran the day-to-day operations of the License Division.  Robert Espinel was a member of the NYPD from 1995 through his retirement in 2016, and was assigned to the License Division from 2011 through 2016. 

From at least 2013 through 2016, multiple NYPD officers in the License Division serving under DEAN’s command, including David Villanueva and Richard Ochetal, solicited and accepted bribes from gun license expediters in exchange for providing assistance to the expediters’ clients in obtaining gun licenses quickly and often with little to no diligence.  They obtained bribes from at least three expediters: Gaetano Valastro, a/k/a “Guy,” Frank Soohoo, and Alex Lichtenstein, a/k/a “Shaya.”  Valastro was a former NYPD detective who retired in 1999, and who operated a gun store out of which he sold guns, gun paraphernalia, and gun safety courses.

The bribes included cash payments, paid vacations, food and liquor, the services of prostitutes, and free guns, among other things.  In exchange, Villanueva, Ochetal, and the other officers approved, expedited, and upgraded licenses for clients of Valastro, Lichtenstein, and Soohoo.  They did so by foregoing standard License Division diligence, including by failing to interview the applicants and failing to investigate the business-based need for applicants to carry guns.  They approved licenses for individuals with substantial criminal histories, including arrests and convictions for crimes involving weapons or violence, and for individuals with histories of domestic violence.

In 2015, dissatisfied with the fact that private gun expediters were profiting thousands of dollars per gun license applicant when DEAN and others did the work to approve those applications, DEAN and Espinel decided to retire and go into the expediting business themselves.  In order to ensure the success of their business, DEAN and Espinel planned to bribe Villanueva and Ochetal, who were still in the License Division, to enable their clients to get special treatment.  They also agreed with Valastro to run their expediting and bribery scheme out of Valastro’s gun store.  According to the plan, Valastro would benefit from the scheme because DEAN and Espinel would steer successful applicants to Valastro’s store to buy guns.  They also tried to corner the expediting market by forcing other expediters to work through them.  DEAN and Espinel attempted to coerce Frank Soohoo, another gun license expediter, into sharing his expediting clients with them by threatening to use their influence in the License Division to shut down Soohoo’s expediting business if Soohoo refused to work with, and make payments to, DEAN and Espinel.

DEAN, 44, of Wantagh, New York, pled guilty to one count of conspiracy to commit bribery.  The charge carries a maximum term of five years in prison.  DEAN is scheduled to be sentenced by Judge Ramos on November 15, 2018.  The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the New York City Police Department, Internal Affairs Bureau.

TWO MEN SENTENCED TO PRISON IN DEATH OF FDNY BATTALION CHIEF MICHAEL FAHY AT GROW HOUSE BLAST

Rare Instance of Someone Held Criminally Responsible for Conditions That Caused Line-of-Duty Firefighter Death

  Bronx District Attorney Darcel D. Clark today announced that two men have been sentenced to prison after pleading guilty to second-degree Manslaughter in the marijuana grow house explosion that killed FDNY Battalion Chief Michael Fahy. The victim had responded to a reported gas leak in the building in the Kingsbridge section of the Bronx. 

 District Attorney Clark said, “Battalion Chief Michael Fahy spent the last moments of his life saving others. He responded to a gas-infused building and instructed the residents—including one of the defendants—to evacuate. When the gas exploded, it blew off the slate roof and a section of it struck and killed Chief Fahy, and injured FDNY Lieutenant Richard Ruebenacker.

 “This case was an extremely rare instance in which someone is held criminally responsible for conditions that caused the death of a firefighter in the line of duty in New York City. I hope the prison sentences will send a message to those who would be callous about the safety of residents and first responders.” 

 District Attorney Clark said the defendants, Garivaldi Castillo, 33, of 465 W. 166 Street, Manhattan, and Julio Salcedo, 36, of unknown address, pleaded guilty to second-degree Manslaughter and first-degree Criminal Possession of Marijuana on July 13, 2018. As part of the plea agreement, Castillo was sentenced today by Bronx Supreme Court Justice Steven Barrett to two to six years in prison for the Manslaughter charge and five years on the Marijuana charge, to run concurrently. Salcedo was sentenced to one to three years in prison for the Manslaughter charge and four years for the Marijuana charge, to run concurrently.

 According to the investigation, on September 27, 2016, firefighters responded to the two-story building at 300 West 234 Street in Kingsbridge for a gas leak. They found numerous marijuana plants as well as heaters and fertilizer, allegedly maintained by Castillo and Salcedo. The windows on the 2nd floor were covered by foil panels, preventing the 2nd floor from being ventilated of the leaking gas.

 District Attorney Clark thanked NYPD Detectives Paul Sullivan of the 50th Precinct Squad and Peter Cullen of the Special Investigations Squad, as well as FDNY Fire Marshal John Burns.

 

News From DARCEL D. CLARK DISTRICT ATTORNEY, BRONX COUNTY

NYC DOC OFFICER, 3 INMATES AND TWO OTHERS INDICTED FOR SMUGGLING MARIJUANA INTO RIKERS ISLAND

  Bronx District Attorney Darcel D. Clark and New York City Department of Investigation Commissioner Mark G. Peters today announced that a New York City Department of Correction officer, three inmates and two other individuals have been indicted for smuggling marijuana into a Rikers Island jail. 

 District Attorney Clark said, “This officer allegedly betrayed his fellow officers, as well as fostered the criminal network inside and outside of Rikers Island that runs on contraband. Smuggling marijuana or any other item that fuels corruption and violence in jail is a serious crime, no matter who does it. We will continue to work with DOI, DOC, the NYPD and other law enforcement partners to improve safety in the jails. ” 

 District Attorney Clark said Correction Officer Pedro Santiago, 26, is charged with third degree Bribe Receiving, second-degree Promoting Prison Contraband, Official Misconduct, fifth degree Criminal Possession of Marijuana, unlawful Possession of Marijuana and fifth and sixth degree Conspiracy. He was arraigned today and is due back in court on December 6, 2018.

 The other defendants were arraigned earlier this month, and they are charged with third degree Bribery, second-degree Promoting Prison Contraband, and fifth and sixth-degree Conspiracy. The defendants are identified as former inmates Joshua Rodriguez, 27, of Brooklyn; Kelvin Dalrymple, 26, of Queens and Ricardo Brown, 29, of Queens; and Andrew Rivera, 25, of Brooklyn; and Meisha Nelson, 27, of Mount Vernon, NY. 

 According to the investigation, Santiago allegedly accepted between $500 and $800 in exchange for bringing an ounce or more of marijuana into the Anna M. Kross Center on each of three occasions in June and July 2017. The inmate defendants allegedly had instructed defendants Rivera and Nelson to deliver cash and marijuana to Santiago. He then brought the marijuana into the facility.

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

BRONX MAN SENTENCED TO 10 YEARS IN STATE PRISON FOR RAPE, KIDNAPPING INVOLVING 14-YEAR-OLD GIRL HE SOLD FOR SEX

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 10 years in prison and 15 years post-release supervision for rape and kidnapping involving a 14-year-old girl whom he sold to men for sex. 

 District Attorney Clark said, “The sentence of this predator was handed down yesterday, the same day that a new state law was enacted making Sex Trafficking of a Child a B Violent Felony Offense. Under the new law, a person is guilty if he or she advances or profits from prostitution of a person less than 18 years old, without the requirement that the defendant use force, fraud or coercion. Had this law been in effect, this defendant could have been additionally charged with Sex Trafficking of a Child, and could have faced more time in prison on a consecutive sentence.” 

 District Attorney Clark said Jermel Rosario, 43, of 2541 Aqueduct Avenue, was sentenced on August 15, 2018 by Bronx Supreme Court Justice Steven Barrett to 10 years in state prison and 15 years post-release supervision, and he must register as a sex offender. A full final order of protection was issued. Rosario pleaded guilty on April 24, 2018 to second-degree Kidnapping and second-degree Rape.

 According to the investigation, the 14-year-old victim ran away from home, and was introduced to the defendant in June, 2015. She stayed with him, his wife, and their children for several months, during which time the defendant induced her to have sex with men who paid the defendant. Rosario also had sex with the victim on more than one occasion. He called the victim one of his “Cupcake Mafia.” The defendant also tied the victim up, raped her and held her in the apartment after he accused her of stealing property.

  District Attorney Clark thanked NYPD Detectives Anayansi Parris and Adrian Campos of the Vice Major Case Human Trafficking Unit; Grace Oboma-Layat, the victim’s attorney with the Legal Aid Society Juvenile Rights Practice; and Kathryn Kaplan, the victim’s social worker with the Legal Aid Society Juvenile Rights Practice.