Sunday, May 12, 2019

U.S. Attorney Announces Charges Against Multimillion-Dollar Business Email Compromise Syndicate


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an indictment against four defendants charged with conducting a wide-ranging business email compromise fraud scheme.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, these four men and others engaged in a profitable charade, posing as legitimate business counterparties to their victims, whom they deceived into sending them millions of dollars.  Now, thanks to the FBI, the defendants are no longer in a position to defraud anyone.”
FBI Assistant Director William F. Sweeney Jr. said:  “The subjects in this alleged scheme made it look so realistic that they were able to maintain it for several years, stealing millions of dollars from the victims.  This type of insidious fraud and cybercrime can do major harm to our financial system and the agency victims.  Our job each day in the New York FBI is to mitigate the damage and assist agencies and businesses in thwarting the threat these criminals pose.”
As alleged in the Indictment unsealed yesterday in Manhattan federal court[1]:
During the relevant time period, CYRIL ASHU, a/k/a “Akem Maleke,” a/k/a “Zabi Malik,” a/k/a “Bill Zambia Morgan,” a/k/a “Anibal Vasquez Roblero,” a/k/a “Baker Lee Walter,” IFEANYI EKE, a/k/a “Luthur Mulbah Doley,” JOSHUA IKEJIMBA, a/k/a “Johnson Ifeanyi Gbono,” a/k/a “Alfred Henshaw,” a/k/a “Peterson Kamara Lawson,” a/k/a “Ganiru Paul Thompson,” and CHINEDU IRONUAH, a/k/a “John Akuba Annan,” a/k/a “Kenneth Kwame Emerson,” a/k/a “Andrew Kamsi Mong,” a/k/a “Emmanuel Mong,” a/k/a “George Wallace,” a/k/a “George Weah,” a/k/a “Frederick Werner,” the defendants, and others known and unknown, engaged in a fraudulent business email compromise (“BEC”) scheme designed to deceive various victims, including an intergovernmental organization headquartered in New York City, into diverting commercial payments from their intended beneficiaries to bank accounts controlled by the defendants and their co-conspirators.
The defendants executed this fraudulent scheme by, among other things, obtaining fraudulent identification documents in false names, registering and incorporating shell companies, and opening fake bank accounts at various banks throughout the United States.  Victims were successfully tricked into wiring funds in accordance with fraudulent wiring instructions sent from fake email accounts, which were designed to resemble email accounts for individuals and companies with whom those victims had business relationships.  The defendants defrauded numerous victims of millions of dollars during the period from 2016 through July 2018.
CYRIL ASHU and IFEANYI EKE were arrested yesterday morning in Atlanta, Georgia and presented in the Northern District of Georgia.  JOSHUA IKEJIMBA was arrested yesterday afternoon in Houston, Texas, and will be presented the Southern District of Texas.  One defendant, CHINEDU IRONUAH, remains at large.
CYRIL ASHU, 34, of Georgia, IFEANYI EKE, 32, of Georgia, JOSHUA IKEJIMBA, 24, of Texas, and CHINEDU IRONUAH, 32, of Texas, are each charged with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and one count of wire fraud, in violation of 18 U.S.C. § 1343.  The charges of conspiracy to commit wire fraud and wire fraud each carry a maximum penalty of 20 years in prison.  CYRIL ASHU is also charged with one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.   
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 the FBI, as well as the assistance of prosecutors in the Northern District of Georgia, the Southern District of Texas, and the Western District of Texas. 
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty. 
 [1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Attorney General James Announces Twelve Convictions In Multi-Million Dollar Medicaid Medical Mill Case


Two Doctors and Two Corporate Presidents Among Those Convicted of Roles in Stealing Millions of Dollars From Medicaid; Will Pay $27.9 Million Dollars in Restitution

  Attorney General Letitia James announced the convictions of Tea Kaganovich, 47, and Ramazi Mitaishvili, 58, both from Brooklyn, and Bernard Bentley, M.D., 61, of East Hampton, for their roles in fraudulently billing Medicaid for more than $8 million for fraudulent diagnostic testing services. Kaganovich and Mitaishvili were both convicted on charges of Grand Larceny in the First Degree; and Bentley, M.D., convicted on charges of Grand Larceny in the First and Third Degrees. Sophisticated Imaging, Inc., and East Coast Diagnostic, Inc., corporations owned by Kaganovich; East West Management, Inc., a corporation owned by Mitaishvili; and Bentley Medical PLLC, a company owned by Bentley, also each pled guilty to Grand Larceny in the First Degree. The Court is expected to sentence Kaganovich and Mitaishvili to one and a half to four and a half years in state prison, which they will serve concurrent to a federal sentence that they will receive at a later date in a similar healthcare fraud scheme prosecuted in federal court. Bentley’s sentence will be determined by the Court at a later date. 

“These individuals preyed on unsuspecting patients and stole government funds to line their own pockets,” said Attorney General Letitia James. “New Yorkers put their trust and health in the hands of medical professionals and providers and we expect them to fulfill their basic duty to provide real and sound care. Medicaid fraud is a serious crime and we will take action against anyone who seeks to cheat our system or our patients.” 
In addition to his guilty plea, Bentley entered into a civil settlement agreement whereby he agreed to pay restitution totaling $2.5 million dollars, money derived from the sale of his home in the Hamptons, two Tesla cars, and the contents of six bank and brokerage accounts. Kaganovich and Mitaishvili have separately agreed to pay $18 million dollars in restitution. All of the restitution, totaling $27.9 million dollars, is payable to the New York State Medicaid program.   
As part of their respective guilty pleas, Kaganovich, Mitaishvili and Bentley admitted that they individually and through their corporations engaged in a systematic scheme to subject Medicaid recipients to a battery of diagnostic tests that were neither medically necessary and were fraudulently referred. Kaganovich and Mitaishvili with the assistance of Bentley then submitted and caused to be submitted claims for reimbursement to the Medicaid program, including to Medicaid-funded managed care organizations (“MCOs”), based on fraudulent referrals for services that were either not provided or not medically necessary.  
Kaganovich, Mitaishvili, and Bentley’s convictions are the culmination of a multi-year investigation into the fraudulent activity of a medical mill, Multi-Specialty. Medical mills are purported medical clinics that solicit Medicaid recipients with promises of a nominal cash kickback, usually ranging between $20 and $50, in exchange for the recipient agreeing to submit to a medical evaluation and testing. Soliciting Medicaid recipients by offering to pay them to accept medical services paid by Medicaid is unlawful under state and federal law.   
The investigation leading to these convictions was conducted by the Attorney General’s Medicaid Fraud Control Unit (“MFCU”) and involved undercover operations and the execution of search warrants at Multi-Specialty locations in Manhattan and in the Bronx. The investigation revealed that Kaganovich and Mitaishvili conspired with others to create a scheme whereby street recruiters solicited Medicaid recipients to Multi- Specialty for treatment and testing and then upon arrival, required those recipients to submit to a series of unnecessary diagnostic procedures conducted by technicians working for Kaganovich and Mitaishvili. In turn, Kaganovich and Mitaishvili, through a complicit physician, Bentley, billed Medicaid and Medicaid-funded MCOs for those unnecessary services and then split the criminal proceeds further to a revenue sharing plan.   
To carry out the scheme, in addition to street recruiters, Azu Ajudua, formerly a licensed physician, acted as the owner of Multi-Specialty and signed referral forms for the unnecessary diagnostic services fraudulently performed by Kaganovich’s and Mitaishvili’s technicians. Ajudua and his corporation, AAA Medical P.C., previously pled guilty to Grand Larceny in the Second and Third Degrees for his involvement in the scheme. As part of his plea, Ajudua admitted that he signed referral forms without seeing patients and that he signed blank referral forms. Ajudua’s ultimate sentence will be determined by the court at a later date. 
An unlicensed “physician” Zheng Dong, who worked at one of the Multi-Specialty clinics, provided a façade of legitimacy. Dong previously pled guilty to Unauthorized Practice of a Profession, a felony. In pleading guilty, Dong admitted that he forwarded Ajudua’s previously signed blank referral forms to the diagnostic technicians employed by Kaganovich and Mitaishvili. To maximize billing, Ajudua allowed the unlicensed “doctors” including Dong to use his name and medical license to refer patients, including MFCU’s undercover investigators, for diagnostic testing from whichever technician was present at Multi-Specialty that day without regard to whether the ordered testing was medically necessary. Accepted medical practice requires that supplemental diagnostic testing only be rendered upon the order of a referring provider and that the referring provider have a legitimate medical need to order such testing. 
The investigation revealed that between January 1, 2014 and October 31, 2017, Bentley received more than $16 million dollars in reimbursement from Medicaid and HealthFirst, a Medicaid-funded MCO, of which more than $5.5 million dollars was for unnecessary diagnostic services ordered by Ajudua. Bentley, through Bentley Medical PLLC, transferred more than $13 million dollars of this money to Kaganovich and Mitaishvili.  In turn, Kaganovich and Mitaishvili, through their corporations, paid illegal kickbacks to cause the referral of patients for diagnostic testing regardless of medical need to Kaganovich and Mitaishvili’s corporations.   
Kaganovich, Mitaishvili, Bentley, Ajudua, and the companies owned by those individuals, all pled guilty in New York County Supreme Court. The sentencing for Kaganovich and Mitaishvili is scheduled for July 26, 2019. Dong and Johanna Ubiera, another employee of Multi-Specialty, pled guilty in New York City Criminal Court, Bronx County. Kaganovich and Mitaishvili also recently pled guilty in the US District Court for the Eastern District of New York court for various federal crimes related to a similar healthcare fraud scheme.   
In pleading guilty, both Bentley and Ajudua agreed to surrender their medical licenses.  Everyone convicted agreed to be excluded from further participation in the State Medicaid and federal Medicare programs as a provider of any type of goods or services.  
The Attorney General would like to thank the New York State Office of the Medicaid Inspector General (“OMIG”), the U.S. Department of Justice Medicare Strike Force, which operates from the US Attorney’s Office, Eastern District of New York; the United States Department of Health and Human Services, Office of the Inspector General (“HHS OIG”); the New York City Human Resources Administration, Medicaid Provider Investigations and Audit Unit, and HealthFirst for their assistance and cooperation in this investigation.  

Wednesday, May 8, 2019

New York State Senate Democratic Majority Stands Up To President Trump


  The Senate Democratic Majority passed legislation today that will have a major impact, nationally and in New York State, by holding the President Donald Trump accountable. The bills passed by the Senate allow New York State to release any state tax returns requested by Congress and authorize state authorities to prosecute someone even if they receive a Presidential reprieve, pardon or other form of clemency. 

”This President and his administration have repeatedly shown a true hostility to  the rule of law and Presidential customs,” Senate Majority Leader Andrea Stewart-Cousins said. ”No person is above the law and New Yorkers, as well as all Americans, deserve transparency from their elected officials at every level of government. I commend Senators Hoylman and Kaminsky for their leadership on these important bills.” 

The legislation advanced by the Senate Majority includes:


  • Trump Taxes: This bill, S.5072-A, sponsored by Senator Brad Hoylman, will allow New York State officials to release state tax returns in cooperation with Congressional investigations by authorizing the Commissioner of the Department of Taxation and Finance to furnish state tax returns upon written request of the chairperson of the U.S. House Ways & Means Committee, the U.S. Senate Finance Committee, or the Joint Committee on Taxation.
  • Double Jeopardy: This bill, S.4572, sponsored by Senator Todd Kaminsky, will allow New York state prosecutors to bring charges against people who have received presidential pardons, or other forms of clemency, in certain circumstances. This bill only applies in situations where the President had a conflict of interest in the case; for example, where the person pardoned is related to the President, or had previously worked for the President. 


Bill Sponsor, Senator Brad Hoylman, said, “Today, the New York State Senate voted to do its part to assist Congress in fulfilling its oversight responsibilities by passing the TRUST Act, allowing the State Tax Department to cooperate with congressional committees requesting New York State tax returns. I am grateful to Senate Majority Leader Andrea Stewart-Cousins, Senate Revenue and Budget Chair Brian Benjamin, my colleagues in the Senate, and to my partner in the Assembly, David Buchwald. We must ensure that Congress can’t be blocked in their attempts to hold even the highest elected officials in the land accountable to the American people.”

Bill Sponsor, Senator Todd Kaminsky, said, “Special Counsel Robert Mueller’s report provided disturbing, new evidence of the President’s plan to improperly use the pardon power to help his associates and undermine the rule of law. As former federal corruption prosecutor, I am pleased the Senate will take up my legislation to close the Double Jeopardy loophole and crack down on corruption. No one — not even the President and his inner circle — is above the law, and I urge the Assembly to pass this vital piece of legislation in an expeditious fashion — justice demands no less.”

Senate Deputy Leader Michael Gianaris said, “No person is above the law, including the President of the United States. I am proud to support these proposals to send a message that New York insists on accountability and transparency no matter how powerful one is.” 

Senator Alessandra Biaggi said, “Right now, our democracy and a government that is actually of, by and for the people is at risk. The only way to preserve our precious ideals is to uphold the rule of law and hold everyone accountable for their actions.”

MAYOR DE BLASIO UNVEILS NYC CARE CARD, DETAILS PROGRESS TOWARD LAUNCH OF GUARANTEED HEALTH CARE


NYC Care to launch in the Bronx on August 1


  Mayor Bill de Blasio unveiled the NYC Care card, the key to quality and affordable health care for hundreds of thousands of New Yorkers who cannot afford or are ineligible for insurance. When NYC Care launches in the Bronx on August 1, residents will be able to use their NYC Care Card to receive their own doctor, get preventative screenings and tests, and connect to a 24/7 service to help make appointments.

An estimated 300,000 New Yorkers are currently ineligible for health insurance, including people who can’t afford insurance and undocumented immigrants, and will be able to enroll in NYC Care. The $100 million program – one of two major components of the City’s Guaranteed Care commitment – will be fully implemented across all five boroughs by the end of 2020, making it as easy as possible for New Yorkers to get the health care they need.

     Mayor de Blasio with an NYC Care Card in his hand

“In New York City, we know health care is a human right, which is why we're making that right a reality,” said Mayor de Blasio. “We’re on track to guarantee health care for every single New Yorker. Access to quality and affordable health care is one of the biggest burdens working people face. Now they won’t face it alone.”

“Today’s announcement affirms New York City’s commitment to ensure that every New Yorker has access to the health care they need – which of course includes mental health,” said First Lady Chirlane McCray. “When we fail to invest in wellness and prevention, we pay the price in dollars spent and lives damaged. New York is pioneering a better, more inclusive approach and will continue to lead the nation in providing behavioral health services to every person in our city.”

Mayor de Blasio announced a series of milestones toward implementing Guaranteed Care in NYC:
·         New NYC Care Card, which will provide each member with a dedicated doctor, access to a 24/7 customer service line to make appointments, and clear copays that are affordable to each individual member.
·         New NYC Health + Hospitals doctors hired in the Bronx to serve approximately 10,000 patients expected to enroll in NYC Care in the first six months.
·         New Executive Director for NYC Care, Marielle Kress, who was instrumental in the Affordable Care Act’s (ACA) successful expansion of Medicaid in states across the country.
·         Access to 24/7 pharmacy services in the Bronx, launching on August 1, that will provide NYC Care members with easy access to affordable medication.
·         GetGoveredNYC, the City’s health insurance outreach and enrollment initiative, has enrolled more than 19,000 New Yorkers into coverage in 2019, a 19 percent increase from the same time period last year.

“When I was appointed, one of my first tasks was to financially stabilize and transform NYC Health + Hospitals into a health care delivery system built for the 21st century landscape,” said Dr. Herminia Palacio, Deputy Mayor for Health and Human Services. “It’s upon the achievements of the last three years that we are now poised to lead the charge and make the Mayor’s vision of Guaranteed Care a reality for all New Yorkers. We are excited about the progress made towards preparing for the launch of NYC Care, and look forward to providing New Yorkers without access to health insurance a key the City’s health care.”

“The Mayor’s Guaranteed Care commitment is a significant investment in the health and future of New York City – there is nothing else like it,” said Dr. Mitchell Katz, President and CEO of NYC Health + Hospitals. “For NYC Care, the health system is investing in new primary care doctors in the Bronx, launching a new customer service system, and preparing for our new members and patients at our clinics and hospitals. Every New Yorker has the right to health care and now they will.”

In January 2019, Mayor de Blasio announced the launch of the largest, most comprehensive initiative in the nation to guarantee health care for every New Yorker. When fully implemented, New York City will ensure the estimated 600,000 New Yorkers currently without insurance are connected to health care – including NYC’s Public Option, MetroPlus – or have direct access to the nation’s largest public health care system through the NYC Care program.

NEW NYC CARE EXECUTIVE DIRECTOR AND NYC CARE CARD

Mayor de Blasio announced the appointment of Marielle Kress as Executive Director of NYC Care. A native New Yorker, Kress brings more than a decade of experience in policy management, operations and advocacy related to complex health care programs. Previously, she played a critical role in the successful expansion and modernization of the Medicaid program under the Obama Administration. As the Executive Director, Kress will be responsible for the strategic rollout, operations and implementation of NYC Care. She started in this role on May 6.

“For far too many people, health care feels like a luxury and a privilege rather than a basic human right,” said Marielle Kress, Executive Director of NYC Care. “I am excited to be joining the extraordinary team at NYC Health + Hospitals and I am especially honored to be leading the NYC Care program that will guarantee every New Yorker access to the health care they deserve.”

“I relied on Marielle’s judgment and expertise while overseeing the implementation of complex and historic changes to the Medicaid program,” said Cindy Mann, former Deputy Administrator of the Center for Medicare & Medicaid Services and Director of the Center for Medicaid and CHIP services within CMS during the Obama Administration. “Marielle brings energy, passion, and deep dedication to serving the most vulnerable members of our society. I’m confident she will provide the leadership needed to ensure that health care is a basic right for all New Yorkers.”

NYC Health + Hospitals is actively preparing for a successful launch of NYC Care in the Bronx this summer. NYC Health + Hospitals will hire seven doctors to serve the estimated 10,000 patients expected to enroll in NYC Care in the first six months. Since the program guarantees a dedicated primary care provider for all members, the new hires will help manage the expected increase in demand for services.

Additionally, the Mayor revealed the design for the NYC Care card. The blue and orange card features the city skyline as part of the NYC Care logo and the tagline “Your Key to the City’s Health Care.” All members will receive this card, which will be the key to providing members with valuable information about their dedicated doctor, a 24/7 customer assistance line where they can access an operator to help answer questions, and clear information about copays that are affordable to individual members. NYC Care’s logo “Your Key to The City’s Health Care” is a joint effort between City Hall and Area 23, an FCB Health Network company. This is the first project assigned by NYC’s Creative Council, recently formed to advise and provide the city with creative solutions. Susan Credle, FCB’s Global Chief Creative Officer, is a founding member of the council.

HEALTH INSURANCE ENROLLMENT UPDATES

As part of the its mission to ensure every New Yorker has access to quality, affordable health care, the City doubled down on its outreach to connect eligible New Yorkers to health insurance options that fit their needs.

·         GetCoveredNYC
GetCoveredNYC, the City’s health insurance outreach and enrollment program, has enrolled 19,942 New Yorkers in health care coverage from January through March 2019, more than half of the Mayor’s stated goal of enrolling 31,000 New Yorkers by July 2019. Since the Mayor signed Executive Order 40Connecting New Yorkers to Health Insurance, GetCoveredNYC has collaborated with 34 City agencies on outreach and enrollment opportunities that make it easier for New Yorkers to determine their eligibility for coverage, especially outside of the annual Open Enrollment Period, and sign up for insurance.

Since its creation in 2016, GetCoveredNYC – which is overseen by the Mayor’s Public Engagement Unit – has now helped more than 160,000 New Yorkers enroll in the New York State’s ACA health insurance marketplace. About 2.5 million New York City residents are now insured through the state’s insurance marketplace as of January 2019, according to the New York State Department of Health’s county-level data on health insurance enrollment.

·        MetroPlus, the City’s Public Option
MetroPlus today also launched its latest public awareness campaign, “Health Care is Your Right. Not a Privilege.” The campaign will be seen through the end of June on subway cars, bus shelters near NYC/Health + Hospitals locations, ethnic and community-based print media, and featured at other venues across New York City, including Brooklyn Cyclones games. The ads will be available in eight languages, including English, Spanish, Chinese, Bengali, Haitian Creole, Polish and Russian.

MetroPlus provides affordable health insurance that connects insurance-eligible New Yorkers to a network of providers that includes NYC Health + Hospitals’ 70 patient care sites, including 11 hospitals. MetroPlus serves as an affordable, quality option for people on Medicaid, Medicare, and those purchasing insurance on the exchange.

NYC CARE UPDATES

·         Eligibility DeterminationNYC Care will be open to anyone who has lived in New York City for six months or longer and does not have an affordable insurance option or who is ineligible for insurance.
·         New 24/7 customer assistance operation: Starting August 1, NYC Care members will have access to a 24/7 customer assistance line where they ask questions about NYC Care and speak to an on-call clinician for all of their needs, including prescription refills. Members will also be able to schedule appointments at convenient times and will have assistance to help navigate members through the NYC Health + Hospitals system.
·         Expanded pharmacy hours: NYC Care patients will have 24/7 access to medications in the Bronx starting Aug. 1. This includes expanded hours at all NYC Health + Hospital pharmacy locations in (NYC Health + Hospitals/Jacobi, NYC Health + Hospitals/Lincoln, and NYC Health + Hospitals/North Central Bronx). Until now, uninsured patients have been limited to NYC Health + Hospital pharmacy access during business hours, which makes it challenging for patients to get their medications if they are at work.
·         Outreach with Community-based OrganizationsTo reach eligible New Yorkers, NYC Health + Hospitals is partnering with the Mayor’s Office of Immigrant Affairs and the Mayor’s Fund to Advance New York City. The health system will invest $450,000 to partner with community-based organizations in the Bronx to reach New Yorkers eligible to participate in NYC Care. This money will fund up to 15 full-time outreach workers, or the part time equivalent, who will conduct direct, grass-roots outreach to targeted population in a culturally appropriate and sensitive manner and make appointments with NYC Care enrollment staff.

“In January Mayor de Blasio made a huge commitment to New Yorkers to guarantee affordable and direct access to healthcare right here in our City. Today we are so happy to stand alongside our Mayor and his administration as we make meaningful progress and fulfill this wonderful promise. We welcome the appointment of the Director of NYC Care and the new NYC Care Card will go a long way not only for its practical purpose but as a symbol that all New Yorkers are welcome and valued in our City. It will truly be New Yorkers' key to health and wellness. We look forward to working with the administration to get the word out about this initiative which has the potential to literally save lives,” said Theo J. Oshiro, Deputy Director of Make the Road New York. 

"We are optimistic about the progress to make timely, high-quality care available to all Bronx residents this summer," said Steven Choi, Executive Director of the New York Immigration Coalition. "As long as health insurance discrimination against immigrant communities persists in New York State, programs like NYC Care represent a critical improvement in helping uninsured New Yorkers get more patient-centered care. We look forward to continuing to work with Health + Hospitals, city officials, and trusted community-based organizations to get NYC Care off on the right foot." 

“The significant increase in enrollments this year in light of the federal government’s efforts to sabotage the ACA is a testament to GetCoveredNYC’s innovative outreach strategies and our partner agencies’ work to reach uninsured New Yorkers,” said Director of the Mayor’s Public Engagement Unit Omar Khan. “All New Yorkers, regardless of income or immigration status, should have access to quality health care, and we look forward to partnering with NYC Care to make that a reality.”

“Health care is a right for all, not a privilege for only those who can afford care,” said Health Commissioner Dr. Oxiris Barbot. “The City guarantees care for all New Yorkers, regardless of your family's income or immigration status. Reliable access to affordable and quality health care services is a must for everyone to maintain optimal health.”


Above - First Lady Charlene McCray speaks about how the new NYC card will help people get the out reach that they need. 
Below - Marielle Kress, Executive Director of NYC Care.




Michael A. Blake - I’m Running For Congress to Stand Up Against Corruption and Injustice




Today’s decision by the Trump administration to assert executive privilege over the entire Mueller Report and millions underlying pages of evidence as retaliation against the House Judiciary Committee is exactly why we need to elect members of Congress who refuse be silent against injustice. When President Trump said, “I could have fired everybody. I could have fired Mueller. I could have fired anybody that I wanted to fire,” he made it clear that he will continue to obstruct justice with disregard for the rule of law. We need transparency and justice for the American people. If you #BelieveInTheBronx, we ask for your contribution.
 

BRONX MAN SENTENCED TO 25 YEARS TO LIFE IN PRISON FOR STABBING MAN TO DEATH ON BRONX SIDEWALK


Jury Found Defendant Guilty of Murder

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 25 years to life in prison for stabbing a 41-year-old man in 2016. 

 District Attorney Clark said, “The defendant viciously swung the knife at the victim 13 times in a matter of 10 seconds, stabbing and slashing him several times. The victim leaves behind a 9-year-old daughter.” 

 District Attorney Clark said the defendant, Joseph Taveras, 30, of 906 Simpson Street, was sentenced today by Bronx Supreme Court Justice Margaret Clancy to 25 years to life in prison. A jury found the defendant guilty of second-degree Murder on November 15, 2018.

 According to the investigation, on the night of April 25, 2016, the defendant stabbed the victim, Ricardo Romano, 41, of the Bronx, causing his death. The incident happened when Romano stopped in front of the building the defendant lived in, which is located in the neighborhood the victim previously resided. Romano was arguing loudly with an individual who lived in the building when the defendant came out of the premises with a kitchen knife. Taveras stabbed Romano twice in the chest, once in the arm and slashed him twice in the head. The victim was taken to Lincoln Hospital where he died shortly afterwards.

 The defendant was arrested on June 24, 2016.

 District Attorney Clark thanked Cristina Fragola, Deputy Director of the Crime Victims Unit, and NYPD Detective Gregory Casvikes of the 41st Precinct.

176 LBS. OF COCAINE RECOVERED DURING INVESTIGATION BY BRONX DA, NYPD, HSI AND DEA; LARGEST COCAINE SEIZURE IN NYC IN RECENT YEARS


19 People Indicted for Trafficking Cocaine Sold In Bronx, And Club Drugs Sold At Nightspots Throughout City 

  Bronx District Attorney Darcel D. Clark, New York City Police Commissioner James P. O’Neill, Homeland Security Investigations New York Special Agent in Charge Angel M. Melendez and Drug Enforcement Administration Special Agent in Charge Raymond Donovan today announced that 19 people have been indicted on charges related to trafficking cocaine and club drugs in the city. During the investigation, 176 pounds of cocaine with a street value of almost $3 million were recovered. 

 District Attorney Clark said, “We will stop traffickers of any illicit drugs that devastate lives and neighborhoods. These defendants allegedly distributed large amounts of cocaine sold on the streets of the Bronx, and peddled dangerous ‘date rape’ drugs that wind up in bars and nightclubs. As always, I stand ready to work with my local and federal law enforcement partners to target drug dealers.” 

 Commissioner O’Neill said, “The NYPD, and its partners, are committed to eradicating drug trafficking in the City of New York. These are serious charges, and bringing those who commit these acts to justice is dangerous work. I commend the NYPD investigators, DEA Agents, Homeland Security Investigators, and the members of the Bronx District Attorney’s Office for their work in this significant case.”

 Special Agent in Charge Melendez said, “This is a case of street dealers joining forces to corner the market for cocaine on the street and in clubs around the city. This high profit business simply seeks to exploit the vulnerabilities of those addicted, while seeking new customers in the club scene. Removing this amount of cocaine off the streets reduces the number of potential overdoses by the thousands. Law enforcement understands the importance of removing these drug pushers from the community, and will continue to partner in investigations to arrest and prosecute those individuals.”

 Special Agent in Charge Donovan said, “This criminal network profited off the sale of cocaine and MDMA to mid-level drug traffickers, street dealers, and users throughout New York City. Illicit drug trends come and go, but in New York, heroin and cocaine have always been the headline drugs of choice. Ever since fentanyl hit the streets, traffickers have been creating their own trends. The mixture of heroin and fentanyl has become public health’s most potent enemy; and evident in recent statistics, the mixture of cocaine and fentanyl is following in its footsteps. Because of DEA intelligence, increased cocaine production in Colombia, and larger cocaine loads like the 80 kilograms seized in this case, New Yorkers should be warned that the cocaine of older times is deadlier today: CDC studies show that 40% of cocaine deaths in 2016 involved fentanyl. I applaud our law enforcement partners on their diligent work throughout this investigation.”

 District Attorney Clark said the defendants are variously charged in three indictments totaling 227 counts of various degrees of Criminal Sale and Criminal Possession of a Controlled Substance and Conspiracy. Two of the defendants are charged with Operating as a Major Trafficker, which carries a minimum of 15-25 years to maximum of life in prison if convicted. Fourteen of the defendants were arrested in a takedown on May 1, 2019. Twelve have been arraigned before Bronx Supreme Court Justice John Carter, two are awaiting arraignment and five have not been apprehended yet

 According to the year-long investigation by the Bronx District Attorney’s Office, NYPD Bronx Gang Squad, Drug Enforcement Administration and Homeland Security Investigations, the defendants trafficked large quantities of cocaine, which they sold in bulk to distributors, and which in turn was sold in $10 and $20 packets, sometimes in crack form, on Valentine Avenue between the Grand Concourse and East 187th Street.

 One indictment charges 10 people with the cocaine operation, with Alvon Pierre and Elvis Gomez charged with Operating as a Major Trafficker. On February 28, 2019, investigators seized 176 pounds (80 kilos) of cocaine in a vehicle and packed in suitcases in an apartment on 191st Street in Flushing, Queens that is connected to Pierre and co-defendant Robert Nieves. On December 31, 2018, in the Bronx, $135,000 was seized from a secret compartment in Gomez’ Saturn SUV.

 Another indictment charges five people with distributing MDMA (Ecstasy), Alprazolam (Xanax) and Ketamine. These controlled substances frequently turn up at clubs and nightspots throughout the city. According to the indictment, two of the defendants conspired to import pills from overseas, via international mail. Authorities in Brussels, Belgium intercepted 1.25 pounds of pure controlled substances before they could reach their destinations in the Bronx and Manhattan.

 District Attorney Clark thanked NYPD Detective Luke Maddock of the Bronx Gang Squad for his work in the investigation. 

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

Defendants Arraigned 
Kaharey Jeffers, 26, Yonkers, N.Y. 
Devin Rivera, 19, Bronx 
Rafael Guerrero, 28, Bronx 
Benny Phillips, 27, Bronx 
Audy Monzon, 32, Bronx 
Robert Nieves, 41, Queens 
Alvin Pierre, 44, Queens
Jose Guity, 20, Bronx 
Michael Ortiz, 21, Bronx
Nicolas Beltre, 39, Manhattan 
Eladio Polanco, 21, Manhattan 
Kevin Aldebot, 25, Bronx

Not Arraigned Yet 
Jonathan Davila, 20, Bronx 
Shawn Wilson, 31, Bronx

Defendants Not Apprehended 
Elvis Gomez, 34, Bronx 
Frank Almanzar, 37, Manhattan 
Salathiel Mora, 39, Manhattan 
David Monet, 40, Queens 
Brandon Santaella, 21 Bronx

Queens Immigration Attorney Sentenced To Five Years In Prison For Operating Asylum Fraud Scheme


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ANDREEA DUMITRU, a/k/a “Andreea Dumitru Parcalaboiu,” an immigration attorney based in Queens, New York, was sentenced to five years in prison in connection with her operation of a scheme to submit fraudulent asylum applications to United States immigration authorities.  DUMITRU was convicted on November 19, 2018, of asylum fraud, making false statements to immigration authorities, and aggravated identity theft following a two-week trial before U.S. District Judge Lewis A. Kaplan, who imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Using lies and forgery, Andreea Dumitru, an immigration attorney, cheated the nation’s asylum program.  For her crimes, Dumitru will now spend five years in prison.”
According to the Superseding Indictment, other filings in Manhattan federal court, and the evidence presented at trial:
Between 2013 through 2017, DUMITRU operated a scheme to submit fraudulent I-589 Forms in connection with applications for asylum.  Specifically, DUMITRU submitted more than 100 applications in which she knowingly made false statements and representations about, among other things, the applicants’ personal narratives of alleged persecution, criminal histories, and travel histories.  DUMITRU deliberately fabricated detailed personal stories of purported mistreatment of her clients, forged her clients’ signatures, and falsely notarized affidavits. 
In addition to the prison term, DUMITRU, 43, of Queens, New York, was sentenced to one year of supervised release, and was ordered to forfeit $157,500.
Mr. Berman praised the outstanding investigative work of Homeland Security Investigations and United States Citizenship and Immigration Services, and thanked the Federal Bureau of Investigation and the United States Department of Justice’s Executive Office for Immigration Review for their assistance.