Gary Hirst Sentenced To 8 Years In Prison For Defrauding Tribal Entity And Pension Funds Of Tens Of Millions Of Dollars

  Robert Khuzami, Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced that GARY HIRST was sentenced today by U.S. District Judge Ronnie Abrams to 8 years imprisonment for defrauding a Native American tribal entity and numerous pension fund investors of tens of millions of dollars in connection with the issuance of bonds by the tribal entity.  HIRST pled guilty May 15, 2018, to conspiracy to commit securities fraud, securities fraud, investment adviser fraud, and conspiracy to commit investment adviser fraud before U.S. Magistrate Judge Barbara Moses. 

Attorney for the United States Robert Khuzami said:  “This complex and brazen securities fraud scheme lined the pockets of Gary Hirst and his co-defendants but left the Native American tribal entity, the Wakpamni Lake Community Corporation $60 million in debt.  Hirst, who is already in prison for a separate securities scheme prosecuted by this Office, now faces additional time behind bars for this criminal conspiracy.”

According to the allegations contained in the Indictment filed against HIRST and statements made in related court filings and proceedings, including the trial of co-defendants John Galanis, Devon Archer, and Bevan Cooney:

From March 2014 through April 2016, HIRST, Jason Galanis, John Galanis, Devon Archer, Bevan Cooney, Michelle Morton, and Hugh Dunkerley, engaged in a fraudulent scheme to misappropriate the proceeds of bonds issued by the Wakpamni Lake Community Corporation (“WLCC”), a Native American tribal entity (the “Tribal Bonds”), and to use funds in the accounts of clients of asset management firms controlled by HIRST, Morton, and others to purchase the Tribal Bonds, which the clients were then unable to redeem or sell because the bonds were illiquid and lacked a ready secondary market.

The WLCC was convinced to issue the Tribal Bonds through false and fraudulent representations by John Galanis.  Simultaneously, Jason Galanis, with the backing of Archer and Cooney, worked to acquire Hughes Capital Management (“Hughes”), a registered investment adviser.  HIRST and Morton were installed as Hughes’s chief investment officer and chief executive officer, respectively.  Within weeks of taking control of Hughes, HIRST and Morton placed the entire $28 million first series of Tribal Bonds with Hughes clients but failed to disclose material facts about the Tribal Bonds, including that the Tribal Bonds fell outside the investment parameters set forth in the investment advisory contracts of certain Hughes clients.  Indeed, HIRST himself signed the trade tickets to purchase the bonds after other employees of Hughes refused to do so.  In addition, Hughes’s clients were not told about substantial conflicts of interest with respect to the issuance and placement of the Tribal Bonds before the Tribal Bonds were purchased on these clients’ behalf. 

The defendants and their co-conspirators then misappropriated the proceeds of the first Tribal Bond issuance.  Specifically, although the Tribal Bonds were supposed to be invested in an annuity, the proceeds were deposited into an account opened by HIRST and over which both HIRST and Dunkerley had signatory authority.  HIRST and Dunkerley, at the direction of Jason Galanis, then transferred significant amounts of the bond proceeds from that account to support the defendants’ business and personal interests.  Jason Galanis, for example, used a portion of the proceeds of the first Tribal Bond issuance to finance the purchase of a $10 million luxury apartment in Tribeca.  John Galanis, similarly, secretly received $2.35 million in proceeds of the first bond issuance, which he spent on a variety of personal expenses and luxury items, including cars, jewelry, and hotel expenses. 

In addition, after John Galanis induced the WLCC to issue a second round of Tribal Bonds, Archer and Cooney used $20 million of bond proceeds from the first issuance to buy the entirety of the second issuance.  As a result of the use of recycled proceeds to purchase additional issuances of Tribal Bonds, the face amount of Tribal Bonds outstanding increased and the amount of interest payable by the WLCC increased, but the actual bond proceeds available for investment on behalf of the WLCC did not increase.  The bonds purchased by Archer and Cooney were then used to meet net capital requirements at two broker dealers in which Archer and Cooney had interests.  Cooney also obtained a $1.2 million loan based on his purported ownership of the bonds, which he subsequently failed to repay.  In addition, millions of dollars in bond proceeds from the bond issuances were used to finance the acquisition of companies that the defendants and their co-conspirators acquired as part of a strategy to build a financial conglomerate.

In the spring of 2015, John Galanis induced the WLCC to issue an additional $16 million worth of Tribal Bonds.  Simultaneously, Jason Galanis, Archer, and others – in consultation with HIRST – purchased a second investment adviser, Atlantic Asset Management (“Atlantic”), and installed Morton as the chief executive officer.  Within days of obtaining control of Atlantic, Morton placed the entirety of the $16 million Tribal Bond with an Atlantic client, without the client’s consent and without disclosing the fact that the Tribal Bonds were outside the client’s investment parameters and that numerous conflicts of interest existed.  The proceeds of the $16 million issuance were again not invested in an annuity as promised, but instead were diverted, among other things, to finance the defendants’ acquisition of another company in furtherance of their plan to build a financial conglomerate and to make payments to one of the broker dealers in which Archer and Cooney had interests.  HIRST also directed that significant portions of the bond proceeds be funneled through other secret accounts and used to purchase significant portions of a technology stock’s IPO – which was itself secretly controlled by several of the defendants.

In addition to the prison term, GARY HIRST, 66, was sentenced to 3 years of supervised release.  HIRST was also ordered to forfeit $1.3 million and to make restitution in the amount of $43,785,176.

Jason Galanis, who pled guilty to conspiracy to commit securities fraud, securities fraud, and investment adviser fraud, was sentenced to a term of 173 months in prison on August 11, 2017.  Michelle Morton, who pled guilty to conspiracy to commit securities fraud and investment adviser fraud, is scheduled to be sentenced on November 30, 2018.  John Galanis, who was convicted at trial of conspiracy to commit securities fraud and securities fraud, is scheduled to be sentenced on November 2, 2018.  Devon Archer and Bevan Cooney, who were convicted at trial of conspiracy to commit securities fraud and securities fraud, are scheduled to be sentenced on November 9, 2018.  Hugh Dunkerley, who pled guilty to conspiracy to commit securities fraud, two counts of securities fraud, bankruptcy fraud, and falsification of records with the intent to obstruct a government investigation, is scheduled to be sentenced on March 8, 2019.

This conviction represents HIRST’s second conviction in this District in a little more than a year.  On August 3, 2017, following his conviction at trial, HIRST was sentenced by U.S. District Judge P. Kevin Castel to 78 months in prison in connection with his participation in a scheme to manipulate the market for Gerova Financial Group, Ltd., a publicly traded company listed on the New York Stock Exchange, and to defraud the shareholders of that company. 

Mr. Khuzami praised the work of the U.S. Postal Inspection Service and the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission.

Sex Trafficker Pleads Guilty In Manhattan Federal Court To Victimizing Minor Girls And Adult Women For Nearly Two Decades

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that GREVY GERARD PIERRE-LOUIS, a/k/a “Cadillac Slim,” a/k/a “Caddy,” pled guilty yesterday before Chief United States District Judge Colleen McMahon to conspiracy to commit sex trafficking and conspiracy to transport minors interstate for the purpose of prostitution. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “The defendant spent most of his adult life profiting from his victimization of girls and women through extreme physical and psychological abuse.  All the while, he bragged about being a pimp and a player.  Thanks to the extraordinary work of the FBI, the defendant’s so-called game is now over, and he will face the consequences of his actions.  We can only hope that the defendant’s guilty plea brings some measure of justice for the survivors of his vicious crimes.”

According to the Indictment, Superseding Information, publicly-filed documents, and statements made in court:

Starting in or about 1998 and continuing through 2016, PIERRE-LOUIS compelled his victims to engage in prostitution through extreme violence, psychological and verbal abuse, coercion, and threats of violence to them and their family members.  PIERRE-LOUIS victimized girls and women in numerous states, all for his own profit. 

PIERRE-LOUIS, 46, of Queens, New York, was arrested on August 17, 2016, and has been in federal custody since.  PIERRE-LOUIS pled guilty to one count of conspiracy to commit sex trafficking, which carries a maximum sentence of life in prison; and one count of conspiracy to transport minors interstate for the purpose of prostitution, which carries a mandatory minimum sentence of ten years in prison, and a maximum sentence of life in prison.  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.

PIERRE-LOUIS is scheduled to be sentenced by Judge McMahon on December 12, 2018.

Mr. Berman praised the outstanding investigative work of the FBI.  Mr. Berman also thanked the New York City Police Department, the U.S. Attorney’s Office for the Southern District of Florida, the Miami Field Office of the FBI, the United States Secret Service, the City of Miami Police Department, the Miami Beach Police Department, and the Miramar Police Department for their cooperation throughout the investigation. 

A.G. Underwood Announces Clergy Abuse Hotline – Part Of Investigation Into Sexual Abuse Of Children Within NY Dioceses Of Catholic Church

Victims and Anyone with Information are Encouraged to Call Hotline at 1-800-771-7755 or File Complaint Online at ag.ny.gov/ClergyAbuse

AG Launched Civil Investigation into How Catholic Church Reviewed and Potentially Covered Up Sexual Abuse; AG Also Seeking to Partner with District Attorneys on Viable Criminal Prosecutions

AG Reiterates Call for State Legislature to Pass Child Victims Act

  New York Attorney General Barbara D. Underwood announced a clergy abuse hotline and online complaint form through which victims and anyone with information can provide information – part of the Attorney General’s ongoing investigation into sexual abuse of children within the New York dioceses of the Catholic Church.

Victims and anyone with information about abuse can call the hotline at 1-800-771-7755 or file a complaint online at ag.ny.gov/ClergyAbuse. An investigator will review all allegations; the Attorney General and our law enforcement partners will seek to protect victims’ and witnesses’ identities.

The Attorney General’s Charities Bureau has launched a civil investigation into how the dioceses and other church entities – which are non-profit institutions – reviewed and potentially covered up allegations of extensive sexual abuse of minors.

As announced last month, the Attorney General’s Criminal Division is also seeking to partner with District Attorneys – who are the only entities that currently have the power to convene grand juries to investigate these matters – to investigate and, if warranted, prosecute any individuals who have committed criminal offenses that fall within the applicable statutes of limitations.

“The Pennsylvania grand jury report shined a light on incredibly disturbing and depraved acts by Catholic clergy, assisted by a culture of secrecy and cover ups in the dioceses. Victims in New York deserve to be heard as well – and we are going to do everything in our power to bring them the justice they deserve,” said Attorney General Underwood. “I urge all victims and anyone else with information to contact our hotline. And make no mistake: the only way that justice can fully and truly be served is for the legislature to finally pass the Child Victims Act.”

It is important to note that many cases of abuse may not be prosecutable given New York’s statutes of limitations. The Attorney General has repeatedly urged the legislature to pass the Child Victims Act, which would allow all victims to file civil suits until age 50 and seek criminal charges until age 28. Under current law, victims only have until age 23 to file civil cases or seek criminal charges for most types of child sexual abuse; some of the most serious child sex crimes have no time limit on the bringing of criminal charges, but only for conduct that occurred in 2001 or later.  

However, the Attorney General encourages any victim of sexual abuse by Catholic clergy to participate in this investigation, even if they believe that their information may be outside the statute of limitations for a court case. All victim information will be helpful to understanding and reforming the institutional approach of the Church, regardless of whether an individual case can be prosecuted.

“I continue to encourage District Attorneys in all counties to work with the Attorney General’s Office to investigate allegations of sexual abuse in the Catholic Diocese. Past victims and current victims deserve to have their complaints aggressively investigated and those who have committed these horrific crimes must be held accountable,” said District Attorneys Association of New York President, Albany County District Attorney David Soares. “DAASNY is ready to collaborate with the Attorney General’s office to investigate complaints from victims and witnesses.”

Comptroller Stringer: Property Taxes Are Crushing Working New York Families

Property Tax Burden Doubled for Half of New York City Filers in Last Decade

Stringer Calls for Expanded Tax Credits and Relief to Help Struggling New Yorkers

   New York City Comptroller Scott M. Stringer released a report detailing the alarming disparity in how property tax burdens have grown for working families. The new analysis found that over the last decade, taxes have increased at triple the rate of incomes, making it nearly twice as hard to pay for these taxes for households with incomes less than $100,000. The report additionally highlights the ineffectiveness of current property tax relief programs, which are narrowly funded, highly restrictive, and fail to support struggling New York City homeowners. To ease the burden on low and middle income families, Comptroller Stringer is recommending the newly established property tax commission consider expanding tax credit eligibility and making benefits more generous to combat the increasingly regressive burden of property taxes.

“Property taxes are rising too fast and incomes are rising too slowly – and it’s becoming harder than ever for already struggling New Yorkers to get ahead,” said Comptroller Stringer. “Rising property taxes are becoming a barrier to the middle class and we can’t afford to continue down this path. We need to give New Yorkers a break, and turn a regressive tax system into a fair and progressive one. We must explore common sense solutions and expand tax relief to level the playing field for working families.”

The Comptroller’s report highlighted the significant impact that property tax increases have had on households making less than $250,000, particularly for homeowners earning less than $100,000 per year who make up roughly half of all New York City property tax filers and experience the most significant burdens. Specifically:

• Households making less than $50,000 saw their property taxes increase by 98 percent and their median incomes drop by almost 1 percent since 2005. As a result, the property tax burden for these New Yorkers nearly doubled from 6.6 percent in 2005 of income in 2005 to almost 13 percent in 2016;
• Households making between $50,000 and $100,000 saw their property taxes increase by 67 percent since 2005 as their median income grew by just 4.6 percent. As a result, their burden grew from 3.4 percent of income in 2005 to 5.4 percent in 2016; and
• Households making between $100,000 and $250,000 saw their property taxes increase by 54 percent as median income rose by 4.9 percent. As a result, their burden grew from 2.4 percent of income in 2005 to 3.7 percent in 2016.

Regressive Growth in Property Tax Burdens

The burden of New York City’s property taxes is worsened by narrowly funded and restrictive relief programs, which fail to support middle-income New Yorkers.

• For instance, the STAR Property Exemption and NYC Enhanced Property Tax Benefit  offer just $300 and $52 respectively – providing little relief against the average cost of property tax bills of nearly $4,000 for households making less than $100,000 a year;
• More generous programs, such as the Enhanced STAR exemption, are generally restricted to low-income senior citizens; and
• Other localities offer more generous benefits for lower income households and provide a model for reform. A household making $33,000 and paying property taxes of $3,800 would receive a property tax benefit nearly twenty times as generous in Maryland than in New York.

Comptroller Stringer is recommending the New York City property tax commission explore models for addressing these disparities and making our property tax system fairer for all New Yorkers. The report includes a number of suggestions which include increasing the number of New Yorkers eligible for tax relief programs, expanding benefits, and exploring deferment programs.

To read the full report, click here.

Wave Hill Events September 20‒September 27

Thu, September 20

Early Closing: Annual Wave Hill Gardeners’ Party

Wave Hill closes at 3PM to dress for this annual benefit, an evening that raises crucial funds to support our renowned gardens and horticulture program. Also, the Kate French Terrace in Wave Hill House will be closed all day.

Fri, September 21

In The Shop: Fall Plant Sale Begins

Don’t miss this opportunity to acquire some spectacular new plants! Staff experts are on hand the weekend of September 22–23 to offer personal assistance as you shop for top-notch performers for your home garden. Sale continues through September 30 or while supplies last.

PERKINS VISITOR CENTER, 10AM–4PM

Sat, September 22

Autumnal Equinox Sun Salutation

Celebrate the beautiful sun that sustains us and guides our seasons, with Sara Hart from iHart Lens. This energizing, outdoor class consists of 108 salutes—a sacred number and symbolic tradition. Bring your own yoga mat and water bottle and please be on time. Meets indoors in case of rain. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 10AM–NOON

Sat, September 22

Family Art Project: Bundle Dyeing and Happa Zome

Join visiting artist Natalie Stopka to create botanical works of art featuring common herbs and garden flowers—like marigolds, coreopsis and hollyhock. We’ll practice the technique of happa zome, also known as plant pounding, and then bundle-dye silk handkerchiefs using simple, ecologically friendly processes and aroma-therapeutic ways to explore botanical color. Free, and admission to the grounds is free until noon.

WAVE HILL HOUSE, 10AM‒1PM

Sat, September 22

Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Sat, September 22

Gallery Tour

Learn about Glyndor Gallery exhibitions on a tour led by Wave Hill’s Curatorial Fellow. In a new collaboration, Wave Hill is partnering with the American Society of Botanical Artists (ASBA) to produce and host ASBA’s 21st Annual International. ASBA’s mission is to provide a thriving, interactive community dedicated to perpetuating the tradition and contemporary practice of botanical art. This juried exhibition consists of two-dimensional original botanical art, including some specimens found at Wave Hill. In the Sunroom Project Space, Ashton Agbomenou’s new project stems from his time in Wave Hill’s 2018 Winter Workspace. Seeking synchronicity in the African diaspora, Agbomenou constructs visual mementos through his collage-like, layered-painting process, drawing inspiration from Wave Hill’s natural resources. Bronx-born, Dominican-American artist Yelaine Rodriguez works on a new series for the Sun Porch. Using photography, video and performance, Rodriguez creates a unique narrative that examines self-identity and draws inspiration from the colors and textures in nature and from her experience of Wave Hill’s landscape during the 2018 Winter Workspace program. Free with admission to the grounds.

GLYNDOR GALLERY, 2PM

Sun, September 23

Family Art Project: Bundle Dyeing and Happa Zome

Join visiting artist Natalie Stopka to create botanical works of art featuring common herbs and garden flowers—like marigolds, coreopsis and hollyhock. We’ll practice the technique of hapa zome, also known as plant pounding, and then bundle-dye silk handkerchiefs using simple, ecologically friendly processes and aroma-therapeutic ways to explore botanical color. Free with admission to the grounds.

WAVE HILL HOUSE, 10AM‒1PM

Sun, September 23

Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

Mon, September 24

Closed to the public.

Tue, September 25

Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Tue, September 25

Gallery Tour

Learn about Glyndor Gallery exhibitions on a tour led by Wave Hill’s Curatorial Fellow. In a new collaboration, Wave Hill is partnering with the American Society of Botanical Artists (ASBA) to produce and host ASBA’s 21st Annual International. ASBA’s mission is to provide a thriving, interactive community dedicated to perpetuating the tradition and contemporary practice of botanical art. This juried exhibition consists of two-dimensional original botanical art, including some specimens found at Wave Hill. In the Sunroom Project Space, Ashton Agbomenou’s new project stems from his time in Wave Hill’s 2018 Winter Workspace. Seeking synchronicity in the African diaspora, Agbomenou constructs visual mementos through his collage-like, layered-painting process, drawing inspiration from Wave Hill’s natural resources. Bronx-born, Dominican-American artist Yelaine Rodriguez works on a new series for the Sun Porch. Using photography, video and performance, Rodriguez creates a unique narrative that examines self-identity and draws inspiration from the colors and textures in nature and from her experience of Wave Hill’s landscape during the 2018 Winter Workspace program. Free with admission to the grounds.

GLYNDOR GALLERY, 2PM

Thu, September 27

Art Workshop Series Begins: Plump and Prickly: Succulents in Mixed Media

With a focus on texture and shape, investigate Wave Hill’s spiky and fleshy succulents, with individual guidance from artistWennie Huang. As part of each session, sketch in the Marco Polo Stufano Conservatory’s Cactus and Succulent House and gain valuable insights during peer critiques. List of materials provided. Suitable for all levels. This four-day series continues Thursdays, October 4, 11 and 18. $185. Wave Hill Members save 10%. Registration required, online at wavehill.org or onsite at the Perkins Visitor Center.

WAVE HILL HOUSE, 10AM–1PM

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–5:30PM,  March 15–October 31. Closes 4:30PM, starting November 1.

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

  

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

Bronx Democratic Party - THIS SUNDAY: Join Bronx Dems Chairman Marcos Crespo for Our Annual BBQ

Five Defendants Charged In Manhattan Federal Court With Racketeering And Narcotics Offenses

Three Defendants Are Charged In Connection With the 2009 Murder of Derrick Moore

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a superseding indictment charging five defendants with various racketeering and narcotics offenses.  Three defendants are charged in connection with their roles in the August 2, 2009, murder of Derrick Moore, 22, in the Bronx.

One of the defendants, LUIS ORTIZ, 41, was presented last week before United States Magistrate Judge Barbara C. Moses.  Two of the defendants, HECTOR MARRERO, 27, and PETER GONZALEZ, 29, were arrested this morning and will be presented later today before United States Magistrate Judge Henry B. Pitman.  The remaining two defendants, STEVEN BROWN, 39, and RAFAEL REYES, 37, are already in federal custody on other charges, and will be presented at a later date.  The case has been assigned to United States District Judge Katherine Polk Failla.

Manhattan U.S. Attorney Geoffrey Berman said:  “As alleged in the superseding indictment, members of the Taylor Avenue and Creston Avenue Crews wreaked havoc on the streets of New York.  On August 2, 2009, that violence resulted in the murder of Derrick Moore.  He was 22 years old.  Today, thanks to the dedication and perseverance of the NYPD, the DEA, and HSI, the defendants face charges for their alleged crimes.”

HSI Special Agent-in-Charge Angel M. Melendez said:  “The members of these two crews are alleged to have been in involved in a slew of illegal activity ranging from drug trafficking to committing murder.  We have seen the violence of street gangs bleed out into our communities, pushing their deadly drugs and committing violent acts. Strong collaborative efforts and information sharing are the foundation for law enforcement in New York to be more effective in ridding the streets of these alleged criminals.”

DEA Special Agent-In-Charge James J. Hunt said:  “This investigation linked a brutal crime to members of a drug gang, which exemplifies the relationship between drug trafficking and violence.  I commend our law enforcement partners on their hard work and collaboration.” 

According to the allegations contained in the superseding indictment[1] and statements made in court:

The Taylor Avenue Crew was a criminal enterprise that operated principally in and around Taylor Avenue in the Bronx, New York, from at least 2007 up to and including 2015.  Members of the Taylor Avenue Crew sold crack cocaine and committed acts of violence in that area.

The Creston Avenue Crew was a criminal enterprise that operated principally in and around Creston Avenue in the Bronx, New York, from at least 2003 up to and including 2011.  Members of the Creston Avenue Crew sold cocaine and marijuana, and committed acts of violence, in that area.           

Members of the Taylor and Creston Avenue Crews associated with each other and assisted each other by, among other things, carrying out acts of violence on each other’s behalf upon request by the leaders of the respective crews.  One such act of violence was the murder of Derrick Moore on August 2, 2009.  This murder was committed by Creston Avenue Crew members RAFAEL REYES and LUIS ORTIZ to assist Taylor Avenue Crew member STEVEN BROWN.

Count One of the Indictment charges BROWN with murder in aid of racketeering activity.  Count Two of the Indictment charges REYES and ORTIZ with murder in aid of racketeering activity.  Count Three of the Indictment charges BROWN, REYES, and ORTIZ with murder in connection with a drug crime.  Count Four charges BROWN, REYES, and ORTIZ with murder through the use of a firearm.  Counts One through Four all relate to the murder of Derrick Moore.

Count Five of the Indictment charges MARRERO and GONZALEZ with participating in a conspiracy to distribute crack cocaine.

A chart containing the names, charges, and penalties for the defendants is set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of HSI, the DEA, and the NYPD.

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

COUNT	CHARGE	DEFENDANTS	PENALTIES
1	Murder in aid of racketeering activity   18 U.S.C. § 1959(a)(1)	STEVEN BROWN	Mandatory minimum of life in prison
2	Murder in aid of racketeering activity   18 U.S.C. § 1959(a)(1)	RAFAEL REYES LUIS ORTIZ	Mandatory minimum of life in prison
3	Murder in connection with a drug crime   21 U.S.C. § 848(e)(1)(A)	STEVEN BROWN RAFAEL REYES LUIS ORTIZ	Maximum: life in prison   Minimum:  20 years in prison
4	Murder through use of a firearm   18 U.S.C. § 9249(j)	STEVEN BROWN RAFAEL REYES LUIS ORTIZ	Maximum: life in prison   Minimum: 5 years in prison
5	Narcotics conspiracy   21 U.S.C. § 846	HECTOR MARRERO PETER GONZALEZ	Maximum: Life in prison   Minimum: 10 years in prison

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

NEW YORK CITY CHARTER REVISION COMMISSION APPROVES PROPOSALS RELATING TO CAMPAIGN FINANCE, COMMUNITY BOARDS AND CIVIC ENGAGEMENT

Ballot Questions Will Be on the General Election Ballot in November

Vote Follows Extensive Public Outreach and Input Across all Five Boroughs That Included Hearings, Expert Issue Forums, a Twitter Town Hall and a Tele-Town-Hall

  Following extensive public discussion across the five boroughs, the New York City Charter Revision Commission voted to approve three ballot questions for the voters to consider in November.  Features of the proposals include:

1 - Campaign Finance: Reduce contribution limits for all candidates for City elected offices, and increase public matching funds for candidates who participate in the public financing program. Contribution limits for participating candidates would be cut by more than 60%, while the matching rate on the “small dollar” portion of contributions to such candidates would increase from 6:1 to 8:1.

2 - Civic Engagement: Establish a Civic Engagement Commission whose mission includes expanding language access at polling sites, developing a citywide participatory budgeting program and supporting and partnering with community organizations in their civic engagement efforts.

3 - Community Boards: Establish term limits on Community Board members and standardize the appointment process to make the Boards more representative of their communities. Boards would also receive additional resources, particularly in urban planning.

Chair Cesar Perales said: “This Commission set out to identify proposals designed to improve civic life in New York City and, through an extensive and thoughtful process, that is just what we have done. The proposals approved by the Commission today will provide the voters with an opportunity to weigh in on changes that would impact several important aspects of civic life. I’d like to thank the members of the public who came to testify; good government groups and others who provided critical input; and the members and staff of the Commission who put in the hard work needed to do the job.”

Commission’s Final Report Approved

The Commission also today approved a Final Report discussing the proposed ballot questions. The Final Report’s Executive Summary is excerpted below:

CAMPAIGN FINANCE

The Commission proposes to amend the City’s campaign finance system in order to address persistent perceptions of corruption associated with large campaign contributions, boost incentives for campaigns to reach out to small donors, and create more opportunities for candidates to run diverse types of campaigns without the need to rely on large donors.

If adopted by the voters, these amendments would:

Significantly lower contribution limits for City elected offices. The maximum total amount a participating candidate (i.e., a candidate who chooses to participate in the City’s public financing program) may accept from a contributor per election cycle would be reduced from $5,100 to $2,000, for candidates for Mayor, Public Advocate, or Comptroller; from $3,950 to $1,500, for candidates for Borough President; and from $2,850 to $1,000, for candidates for the City Council. The maximum total contribution to a non-participating candidate (that is, a candidate who does not participate in the City’s public financing program) would be reduced from $5,100 to $3,500, for candidates for Mayor, Public Advocate, or Comptroller; from $3,950 to $2,500, for candidates for Borough President; and from $2,850 to $1,500, for candidates for the City Council.

Strengthen small dollar public matching for candidates who participate in the City’s public financing program. Currently, participating candidates, who meet certain qualifying thresholds, are eligible to receive public matching funds at a rate of $6 in public funds for every $1 in matchable contributions, up to the first $175 per contributor. The proposed Charter amendment would increase the match to $8 in public funds for every $1 in matchable private contributions, up to the first $250 per contributor to candidates for Citywide office and up to the first $175 per contributor to candidates for Borough President or City Council. The amendment would also ease a requirement that candidates for Mayor, Comptroller, or Public Advocate must meet to qualify for matching funds.

Increase the total amount of public matching funds available to such candidates. The proposed amendment would increase the cap on the total amount of public matching funds that a participating candidate may receive, per election, from 55% to 75% of the expenditure limit for the office being sought.

Allow such candidates to access public matching funds earlier in the election year. Under current law, … the vast majority of public funds are not disbursed until … early August of the election year, about five to six weeks before the primary. The proposed amendment would allow qualifying candidates to receive public matching funds [earlier] in the election year … and would remove monetary limits on the pre-August distribution of funds. However, in order to receive any disbursement of public funds prior to August of the election year, qualifying candidates would have to attest to the need for the funds and demonstrate that they have a viable opponent, or that they are running against an identified opponent in an open election.

All of these amendments would apply to participating candidates who choose to have the amendments apply to their campaigns, beginning with the 2021 primary election. The amendments would then apply to all candidates beginning in 2022.

CIVIC ENGAGEMENT

The Commission proposes establishing the Civic Engagement Commission, a new Charter entity dedicated to enhancing civic participation and strengthening democracy in New York City. The Civic Engagement Commission would consist of 15 members: eight appointed by the Mayor, including at least one member from the largest political party and at least one member from the second largest political party; two appointed by the Speaker of the City Council; and one appointed by each Borough President. The Mayor would designate a Chair from among his or her appointees, who would also serve as the Executive Director and be charged with the organization and staffing of the office.

The Civic Engagement Commission would be authorized and directed to implement a Citywide participatory budgeting program established by the Mayor, no later than the City Fiscal Year beginning July 1, 2020; establish a program for providing language interpreters at poll sites in New York City, to be implemented for the general election in 2020; support and partner with community-based organizations, institutions, and civic leaders in the public and private sectors in their civic engagement efforts; consider the language access needs of limited English proficient New Yorkers in developing and implementing its programs and services; and partner with City agencies to increase awareness of and access to City services, assist them in promoting civic engagement initiatives, and develop strategies to centralize public information about opportunities for civic engagement.

The Mayor would be authorized to transfer to the Commission, by executive order, any directly related powers and duties currently being performed by the Mayor’s Office or any department whose head is appointed by the Mayor.

Finally, the Civic Engagement Commission would be required to annually report on participatory budgeting, poll site language assistance, and any other information it deems relevant.

COMMUNITY BOARDS

The Commission proposes the following amendments to the Charter, in order to help make community boards more reflective of the communities they represent and more effective in that representation:

Term limits.  The Commission proposes term limits for community board members, who currently serve for two-year terms without limit, to create opportunities for new voices and leaders on all community boards. Members appointed or reappointed on or after April 1, 2019, would be limited to serving four consecutive two-year terms. However, members appointed or reappointed for a term commencing on April 1, 2020, could be reappointed for up to five consecutive two-year terms, in order to prevent a heavy turnover of community board membership in 2027 and 2028. Appointments made for terms commencing after April 1, 2020, would be subject to four consecutive two-year term limits. These term limits would be prospective only; terms served before April 1, 2019, or April 1, 2020, would not count toward the term limits that start on those dates. Members who have served for the maximum number of consecutive terms would not be barred from re-appointment after one full term out of office.

Appointment process. The Commission proposes several changes intended to bring more uniformity and transparency to the process of appointing members to community boards and to encourage diversity in appointments. The proposed amendments would require Borough Presidents to seek out persons of diverse backgrounds for appointment to community boards and make applications available on their websites. The proposal would also add new application and reporting requirements related to these appointments, including an annual report disclosing information about membership and the recruitment and selection process.

More resources. The Commission proposes requiring the Civic Engagement Commission, if the voters approve creating such an entity, to provide additional resources to community boards, including access to urban planning professionals and language access resources, in order to enable the boards to more effectively meet their Charter responsibilities.

About the Charter Commission’s Public Engagement Efforts

The 2018 Charter Revision Commission worked hard to ensure all New Yorkers had opportunities to speak directly to the Commission. Through this outreach, more than 1,000 ideas to revise the City Charter were submitted to the Commission for consideration.

In August, the Commission held “Charter Week,” a series of public hearings and public engagement events across all five boroughs. “Charter Week” built on the Commission’s extensive public outreach campaign to ensure all of New York City’s communities have access to the Charter revision process. Throughout the process, New Yorkers have submitted hundreds of ideas for changes to the Charter. Issue forums provided the Commission with more in-depth information related to focus areas.

All events were open to the public and live streamed over the internet. Language translation services, American Sign Language interpreters, and L.O.O.P devices were provided. All events were held at accessible spaces. Public comments have also been submitted at tabling events and additional community forums focused on youth, immigrant New Yorkers, and veterans.

The public was alerted to the Commission’s hearings through advertising in community and ethnic papers and messages through organizations with large distribution lists. Notice was given to every Community Board— as well as City, State, and Federal elected officials. Media advisories were issued to a list of more than 3,000 people at least twice per public hearing. Public notices for each hearing were published in the City Record and on the Commission’s website, nyc.gov/Charter<http://www.nyc.gov/Charter>. Notices were translated into several languages: Arabic, Bengali, Chinese (Mandarin, Cantonese), French, Haitian Creole, Korean, Polish, Russian, Spanish, and Urdu.