DEPARTMENT OF CORRECTION OFFICER, INMATE AND THREE CIVILIANS INDICTED FOR SMUGGLING CONTRABAND INTO RIKERS ISLAND

Defendants Allegedly Conspired to Smuggle Marijuana, Cigarettes and Other Contraband into the Jail

  Bronx District Attorney Darcel D. Clark and Department of Investigation Commissioner Margaret Garnett announced that a NYC Department of Correction Officer, a former Rikers Island inmate and three civilians--including two people who worked in a Brooklyn after school program--have been indicted for smuggling contraband into jail. 

 District Attorney Clark said, “The defendant broke the oath he took when becoming a Correction Officer and betrayed his fellow Officers by allegedly working with an inmate to smuggle marijuana into the Otis Bantum Correctional Center. Contraband fuels corruption and violence in jails. My Office is committed to working with DOI and DOC to investigate and prosecute crimes in the jails, whether they are committed by inmates or Correction Officers. No one is above the law.”

 DOI Commissioner Margaret Garnett said, “Investigating contraband smuggling schemes is a vitally important facet of DOI’s work rooting out corruption and reducing violence in the City’s jails. In this all too familiar case, a Correction Officer, and his co-conspirators both inside and outside the jail, allegedly set up an elaborate operation, ferrying drugs and other contraband in exchange for bribes, according to the charges. DOI and the Bronx District Attorney’s Office are committed to breaking up these criminal networks and punishing those individuals who engage in them.”

 District Attorney Clark said the defendant, Torray Riles, 36, of the Bronx, a DOC Officer since December 2016, was arraigned today on four counts of third-degree Bribe Receiving, four counts of Official Misconduct, first and second-degree Promoting Prison Contraband, Attempted Promoting Prison Contraband second-degree, third and Attempted Criminal Sale of Marijuana in the third and fourth-degree, fifth-degree Criminal Possession of Marijuana, and sixth-degree Conspiracy before Bronx Supreme Court Justice George Villegas. He is due back in court on August 7, 2019.

 The other defendants, Joseph Swaby, 33, a former Rikers Island inmate, Vergillian Blount, 33, of Brooklyn, Damont Brooks, 23, of Brooklyn, and Aisha Tolbert, 41 of Manhattan, were charged with third-degree Bribery, third-degree Criminal Sale of Marijuana, fifth-degree criminal Possession of Marijuana, first and second-degree Promoting Prison Contraband, Attempted Promoting Prison Contraband in the second degree, and fifth and sixth-degree Conspiracy. Brooks and Tolbert were arraigned today before Justice Villegas. They are due back in court on August 7, 2019.

 If convicted of the top count of Bribery and Bribe Receiving, the defendants face a maximum of 2 1/3 to seven years in prison.

 According to the investigation, on January 21, 2018, Riles, was discovered trying to bring contraband into the Otis Bantum Correctional Center. He had two Ziploc bags of marijuana hidden in his pants. He also had five DVDs, four packs of Newport Cigarettes, loose rolling paper and fanto leaves inside a book bag. Riles was fired shortly after his arrest.

 During an investigation conducted by the Bronx DA’s Office and DOI, investigators discovered that Riles had been part of an ongoing conspiracy with Joseph Swaby, who was incarcerated in Rikers Island at the time, to smuggle various contraband into the jail in exchange for money. Swaby allegedly recruited Aisha Tolbert, his wife, who is the director of a Brooklyn afterschool program at RiseBoro Community Partnership; Damont Brooks, who was a group leader in the same afterschool program; and Vergillian Blount. Through multiple phone calls made from Rikers Island, Swaby allegedly ordered Tolbert, Blount and Brooks to give the contraband--including marijuana, and a gold and diamond pendant of Jesus on a gold chain--to Riles and ordered them to pay Riles for his involvement.

 District Attorney Clark thanked Annarese Marcano, Trial Prep Assistant in the Public Integrity Bureau. District Attorney Clark also thanked DOI Captain Ali Fayad for his assistance in the investigation.

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

Philadelphia-Area Political Consultant and Attorney Sentenced After Conviction in Two Campaign Finance Schemes

  A long-time Philadelphia-area political consultant and attorney was sentenced today for his role in two criminal schemes to violate federal campaign finance laws announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney William M. McSwain of the Eastern District of Pennsylvania.

Kenneth Smukler, 57, of Villanova, Pennsylvania, was sentenced to 18 months in prison followed by one year of supervised release by the Honorable Jan E. DuBois.  In the 2012 Democratic primary election for Pennsylvania’s First Congressional District, Jimmie Moore, a former Philadelphia Municipal Court Judge, ran against the incumbent Congressman Bob Brady.  Assisted and directed by Smukler, Moore executed a corrupt deal in which he agreed to withdraw from the race in exchange for funds from the Bob Brady for Congress campaign (the Brady campaign) to be used to pay off Moore’s campaign debts.  Those debts included money that Jimmie Moore for Congress (the Moore campaign) owed to several vendors, to Moore himself and to Moore’s campaign manager, Carolyn Cavaness. On Feb. 29, 2012, Moore withdrew from the race and Cavaness had prepared a list of debts owed by the Moore campaign, which they provided to Smukler, a campaign consultant for the Brady campaign.  Smukler arranged for the Moore campaign to receive $90,000 from the Brady campaign through false documents and a series of concealing pass-throughs, including the consulting firm of another Brady associate and co-conspirator, D.A. Jones.  Smukler ensured that the Brady campaign reported none of the concealed payments, which exceeded the federal contribution limits, to the Federal Election Commission (FEC).  Rather, he executed the scheme by ensuring that the three installments were falsely and illegally disguised from the FEC and the public as payments for poll and consulting services.

Later, during the 2014 Democratic primary election for Pennsylvania’s Thirteenth Congressional District, Smukler again committed federal campaign finance offenses, this time for the benefit of another client, Marjorie Margolies, a former Member of the U.S. House of Representatives.  Smukler, a veteran of prior Margolies political campaigns, ran the Margolies campaign in 2014. 

In April 2014, during a close primary race, the Margolies campaign was running out of money that it could legally spend in the primary.  Smukler then caused the Margolies campaign to illegally spend general election funds in his attempt to win the primary election for his client.  He further lied about his illegal spending to the campaign’s lawyer.  That lawyer, in turn, unwittingly reported Smukler’s lies to the FEC in response to a complaint filed by another candidate. Additionally, Smukler caused excessive campaign contributions and illegal conduit contributions to the Margolies campaign, all of which were hidden or disguised from the campaign’s FEC filings.

“When political operatives like Kenneth Smukler engage in hidden illegal campaign finance schemes, they undermine the integrity of the electoral process,” said Assistant Attorney General Benczkowski.  “This is a just sentence that reflects the seriousness of these crimes.”

“In order to win at all costs, Smukler knowingly and purposefully undermined our democratic process by misusing campaign funds and lying about it,” said U.S. Attorney McSwain. “My Office will continue to prosecute public corruption wherever and whenever we uncover it. Now Smukler is headed to jail, and I am grateful that the Court imposed a just sentence reinforcing the fact that this kind of corruption will never be tolerated.”

On Dec. 3, 2018, a jury found Smukler guilty of one count of conspiracy, two counts of excessive campaign contributions, two counts of false statements, two counts of conduit contributions, one count of willfully causing a false statement to the FEC and one count of obstruction of justice.     

Former Public Integrity Section Trial Attorney Jonathan I. Kravis and the FBI investigated the case. 

Statement from Governor Cuomo on the Passing of Queens District Attorney Richard A. Brown

  "Today we mourn the loss of Richard Brown, a giant of the legal community and dedicated public servant who spent six decades serving the people of New York.

"My father recognized Judge Brown's brilliance when he appointed him to serve as Queens County District Attorney and 27 years later was proven right. Judge Brown fought successfully to create safer neighborhoods and reduce crime in his borough. He took on the scourge of opioid addiction, fought to protect domestic violence victims, worked to end human trafficking and so much more.

"We are forever indebted to Judge Brown for his service to this state; he will be sorely missed.

"On behalf of the entire family of New York, I extend my deepest condolences to Judge Brown's loved ones during this incredibly difficult time, especially his wife Rhoda, his three children and his two grandchildren."

Attorney General James Statement On The Death Of Queens District Attorney Richard Brown

  In response to the death of Queens District Attorney Richard Brown this morning, Attorney General Letitia James released the following statement:

“I’m saddened to learn of the passing of Queens District Attorney Richard Brown. For decades, Judge Brown was a dedicated public servant who was deeply devoted to the people of Queens. My thoughts and prayers are with his loved ones at this difficult time.”

Index Crime Continues to Decline in April 2019

April 2019 Breaks 'Low-Crime' Records for Murder, Robbery and Burglary

The NYPD announced today that year-to-date index crime is down by more than 1,900 complaints, or -6.7%, as April 2019 saw the lowest number of reported index crime of any April in the CompStat era. The city also achieved record CompStat era lows for the month of April in murder, robbery and burglary.

"New York City has seen a dramatic reduction in crime, and we continue to make history and set new records by facing the challenges together," said Police Commissioner James P. O'Neill. "I want to thank the dedicated members of the NYPD who tackle violent crime with precision and are forging stronger bonds with the public – and everyone who plays a role in a safe city – with their problem solving and professionalism."

"Every New Yorker deserves to feel safe in their home. While crime is at a historic low across the city, we are working to make this a reality in every zip code," said Mayor Bill de Blasio. "We are doubling down on our efforts to bring these communities and police together to find new ways to fight crime and make our City safer and fairer."

Key highlights from this month's crime statistics include:

• A -6.1% reduction in index crime in April 2019 (6,891) compared to April 2018 (7,337).
• Reductions in every major crime category April 2019 compared to April 2018.
• A -34.6% reduction in murder in April 2019 (17) compared to April 2018 (26). Overall, now year-to-date murder is +2, or +2.3%.
• Transit crime -4.3% in April 2019 (178) compared to April 2018 (186).
• A -16.1% reduction in rape in April 2019 (141) compared to April 2018 (168). Overall, now year-to-date rape is +10, or +1.8%. NYPD understands that rape continues to be underreported. If you have been a victim of sexual assault please come forward. The NYPD’s Special Victims Division 24-hour hotline is 212-267-RAPE (7273).
• There has also been an uptick in hate crimes (see chart below). There is no place for hate in New York City and the detectives of the Hate Crime Task Force are working diligently to eliminate these crimes and to bring perpetrators of hate to justice.

Statistics on Index Crimes 2018-2019

Apr. 2019	Apr. 2018	Change	+/-%	Year-to-Date 2019	Year-to-Date 2018	Change	+/-%
Murder	17	26	-9	-34.60%	88	86	2	2.30%
Rape	141	168	-27	-16.10%	578	568	10	1.80%
Robbery	890	918	-28	-3.10%	3587	3942	-355	-9.00%
Felony Assault	1566	1612	-46	-2.90%	5936	6119	-183	-3.00%
Burglary	749	947	-198	-20.90%	3136	3671	-535	-14.60%
Grand Larceny	3164	3288	-124	-3.80%	12438	13116	-678	-5.20%
G.L.A.	364	378	-14	-3.70%	1323	1515	-192	-12.70%
TOTAL	6891	7337	-446	-6.10%	27086	29017	-1931	-6.70%

Additional Statistics on Transit/Housing Crime and Shootings, 2018-2019

Apr. 2019	Apr. 2018	Change	+/-%	Year-to-Date 2019	Year-to-Date 2018	Change	+/-%
Transit	178	186	-8	-4.30%	736	748	-12	-1.60%
Housing	418	366	52	14.20%	1524	1486	38	2.60%
Shooting Incidents	62	49	13	26.50%	212	190	22	11.60%

April Rape Breakdowns

CompStat Year	Count	Occurred Same Year	Occurred Previous Year	Occurred 2 Years Prior	Occurred 3 Years Prior	Occurred 4 Years Prior	Occurred 5+ Years Prior
2019	141	107	17	6	2	1	8
2018	168	132	17	4	0	3	12
2017	119	97	14	1	0	1	6
2016	119	105	7	0	1	1	5
2015	102	82	8	1	4	0	7
2014	99	81	11	2	0	0	5

Hate Crimes as of 4/30/2019 By Motivation

Motivation	2019	2018	Diff	& Change	% of Total
Asian	3	1	+2	+200%	2%
Black	15	10	5	+50%	10%
Ethnic	0	1	-1	-100%	0
Gender	2	2	0	0%	1%
Hispanic	3	1	+2	+200%	2%
Muslim	4	6	-2	-33%	3%
Other	6	5	+1	+20%	4%
Religion	3	3	0	0%	2%
Semitic	82	45	+37	+82%	57%
Sexual Orientation	16	11	+5	+45%	11%
White	11	2	+9	+450%	8%
Grand Total	145	87	+58	+67%

Note: All crime statistics are preliminary and subject to further analysis, revisions, or change.

NYPD Raises Awareness about the Risk of Phone Scams

  The NYPD is alerting the public to be on guard against scam phone calls from those who falsely claim to be from the Social Security Administration or a local, state or federal law enforcement agency. The department has released a new public awareness video to inform New Yorkers of this scam and to remind them to hang up the phone. Millions of dollars have been stolen by scammers who prey on victims by exploiting the trusted reputation of government agencies. In 2019 year-to-date, the NYPD has received over 200 complaints with losses totaling more than two million dollars related to social security scams. In 2018, the NYPD received only three similar complaints. New Yorkers of all ages, race and gender have fallen victim to this scam.

"Sophisticated phone scams use the trust victims have in their own governmental and law enforcement agencies against them. Victims of this type of phone scam are not limited to senior citizens—these criminals are targeting every strata of society and every demographic is vulnerable," said Chief of Community Affairs Nilda Hofmann. "The NYPD is committed to working closely with our partners in the financial industries and will not rest until we bring those responsible for these crimes accountable. If you even suspect a call to be fraudulent, don't take a chance, just hang up."

How is this crime being committed?

Victims are contacted by the "Social Security Administration" and advised that their Social Security number has been used to open numerous accounts or is involved in some sort of drug trafficking or money laundering operation. To protect their money or to avoid being arrested, victims have to send various sums of money to help resolve the situation. The most common forms of payment requested are prepaid gift cards, Bitcoin and bank wire transfers.

In many of the cases, a person posing as a "Police Officer" or "Law Enforcement Official" will intimidate or threaten victims to gain compliance. Victims are told that they will be arrested and/or their assets will be frozen. Scammers have claimed to be NYPD, FBI, NYS Police, Texas PD and LAPD. Scammers employ technology called "spoofing" to manipulate caller IDs to display the number of the Social Security Administration, other official agencies, including NYPD Precincts, and in some cases the scammer uses the names of real officers assigned to those precincts.

The scammer will often stay on the phone with the victims while they are going into stores to make their gift card purchases and tell them not to let the store clerks know what is going on. They even tell them stories to make up so they will not be refused purchase of gift cards.

How is the NYPD addressing this issue?

• Crime Prevention Officers in all precincts have detailed information on the scams and share information with the public including a "Scam Alert" card
• Utilizing Social Media to send out scam alerts including a tape of an actual Social Security Administration robo-call
• Educating the public at Build the Block Meetings and other community events
• Working with retail outlets that sell gift cards to educate sales staff and place NYPD Scam Alert cards in their New York City stores
• Working with Bitcoin ATM machine providers regarding their electronic scam messaging and texts and placing NYPD Scam Alert Cards at stores where machines are located
• The Police Impersonation Unit and the Grand Larceny Division conduct extensive investigations

How should people protect themselves?

Individuals will never be contacted by the NYPD, Social Security Administration or any Law Enforcement Agency and be asked to submit money or information over the phone. If contacted by anyone claiming to represent any such agency and asking for money, New Yorkers should immediately hang up the phone.

For information about scams visit:

The Federal Trade Commission's website at FTC.gov and the NYPD's website at nyc.gov/nypd. Victims who have lost money in one of these scams are encouraged to file a report at their local precinct

45th Precinct Council Meeting

(L - R)  45th Precinct Council President Bob Bider, Sergeant at Arms John Doyle, Treasurer Annie Boiler, Captain Frasor, and the Community Affairs officers of the 45th precinct. not in the photo to the right of Mr. Bider is the Secretary Sonia Feliciano. 

  The 45th Precinct Council meeting Thursday night was in Coop-City as Captain Frasor mentioned that crime continues to go down in the city and in the 45th precinct. The Cop of the Month went to Police officer Juan Martinez who during a routine traffic stop was able to spot a laded handgun in the car he had stopped. Captain Frasor praised the officer, and said that it was one less gun on the streets of the Bronx. Representatives of local elected officials told of events coming up by their office. Captain Frasor took individual questions from the audience which were mainly about Marijuana smoking and the new regulations, and what the police can and can not do.

Above - Captain Frasor with Cop of the Month police officer Juan Martinez.

Below - Representatives of the local elected officials also had citations for Cop of the Month Officer Martinez.

New Riverdale Mobile Food Cart Appears on Johnson Avenue.

  A new mobile food cart has popped up on Johnson Avenue at the corner of West 235th Street in front of the Bank of America in Riverdale. This mobile food cart has a NYC permit unlike the previous one stationed at this site before. 

Above - The permit for this Mobile Food Cart on Johnson Avenue.

Below - It is across the street from Starbucks, so you can get a cup of coffee with your purchase from the food cart.