Friday, May 31, 2019

3rd Avenue BID Opens Business Work Area at 11 Bruckner Boulevard.



  In its quest to serve businesses better the 3rd Avenue Business Improvement District has reached out to businesses on and around Bruckner Boulevard by leasing the second floor of a building at 11 Bruckner Boulevard. The renovated mini business incubator allows owners of small stores such as Isabel Pradas owner of College Bridge Cafe, and Noelle Santos owner of the Lit Bar (above with 3rd Avenue BID Executive Director Michael Brady) to have a desk where to work on much of the needed paperwork they have no room for in their cramped businesses. There is a mini conference room where business owners can talk business to each other, come up with local events, and whatever else to make this area of the Bronx better.


Above - The cozy conference area complete with a large screen monitor and computer for power point presentations.
Below - How to find that office space your business may need.


Governor Cuomo Signs Legislation Ending The Legal Ban On Gravity Knives


New Law Reflects Federal Court Ruling Finding Previous Ban to be Unconstitutional  

  Governor Andrew M. Cuomo today signed into law Assembly Bill 5944, which removes criminal sanctions associated with possessing gravity knives following a court ruling that state law was too vague and unconstitutional. Gravity knives are commonly sold at stores and used for work purposes. The judge stated people should be able to know with certainty whether carrying a gravity knife is lawful.

APPROVAL #May 30, 2019
CHAPTER #34
MEMORANDUM filed with Assembly Bill 5944, entitled:
"AN ACT to amend the penal law, in relation to gravity knives"

APPROVED
This bill, unanimously passed by the Legislature, would legalize the possession of commonly sold and lawfully used folding knives by removing the term "gravity knife" from the Penal Law, while leaving intact law enforcement's ability to pursue those who otherwise use these knives unlawfully. 

This is not the first time the Legislature has sought to remove the criminal sanctions associated with possessing these knives, which are widely available in hardware and sporting goods stores. Indeed, in 2016 and 2017, I was constrained to veto similar bills (see Veto No. 299 of 2016 and Veto No. 171 of 2017).  As I explained in each of those instances, despite recognizing the absurdity of a criminal justice system which has regularly charged individuals for simply carrying folding knives designed, marketed and sold as work tools for construction workers, artisans, restaurant workers, and day laborers, the uniform opposition of the State's law enforcement entities and mayors could not be ignored.  Recognizing the concerns on both sides of this issue, the Executive strived to reach a compromise over the past three years, carefully constructing bills that would have legalized these knives in a limited fashion so that individuals using them for work could not be prosecuted.  None of those attempts to reach a resolution proved successful. 

As I review this bill for a third time, the legal landscape has changed.  In March of this year, the United States District Court for the Southern District of New York declared the State's existing "gravity knife" ban unconstitutional.  As argued by many who have advocated for this change in law, the court reasoned that the existing law could result in arbitrary and discriminatory enforcement.

While I remain aware of the cautious community voices, I cannot veto a bill passed by the Legislature to address a decided constitutional infirmity in existing law, as recently affirmed by a federal court.  I remain confident that our law enforcement community will continue to keep our communities safe by pursuing anyone who uses, or attempts to use, one of these knives in an unlawful manner. 
On that basis, this bill is approved.

Bank CEO Arrested For Taking Bribes In Connection With Loans Guaranteed By The Small Business Administration


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the arrest of EDWARD SHIN, the CEO of a Pennsylvania-based bank (the “Bank”), for taking bribes in connection with the Bank’s issuance of loans that were guaranteed by the United States Small Business Administration (“SBA”).  SHIN was arrested pursuant to a criminal complaint charging him with taking bribes by siphoning off a portion of commissions on SBA-guaranteed loans and causing the Bank to issue SBA-guaranteed loans to companies in which SHIN had a secret interest.  The charges are the culmination of a joint investigation by the Federal Deposit Insurance Corporation – Office of Inspector General (“FDIC-OIG”), Homeland Security Investigations (“HSI”), the SBA Office of the Inspector General (“SBA-OIG”), the Federal Bureau of Investigation (“FBI”), and the Office of the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”).  SHIN is expected for presentment this afternoon in Manhattan federal court before U.S. Magistrate Judge James L. Cott.

U.S. Attorney Geoffrey S. Berman said:  “Edward Shin, the CEO of a Pennsylvania bank, allegedly exploited his position as a bank officer to illegally issue Small Business Administration loans to entities in which he had a financial interest.  Furthermore, Shin allegedly took kickbacks on commissions for those loans from a third party who did no legitimate work in the loan process.  The Small Business Administration exists to provide funding to those pursuing the American dream through owning their own businesses.  Edward Shin is now charged with attempting to corrupt that process for his own personal gain.” 
According to the allegations in the Criminal Complaint filed in Manhattan federal court today[1]
The SBA helps Americans start, build, and grow businesses by guaranteeing certain loans made by banks to help those businesses succeed.  Between 2009 and 2012, EDWARD SHIN was the CEO of the Bank.  During that period, the Bank offered a range of financial products, including SBA-guaranteed loans to small businesses in the New York-New Jersey area, which the Bank could extend only on the condition that all aspects of those loans complied with SBA regulations and SBA’s standard operating procedures.  In particular, SBA regulations and procedures prohibited bank officers, including SHIN, from receiving any payments in connection with SBA-backed loans and prohibited banks from extending such loans to any institution in which a bank officer held an interest.
Notwithstanding these regulations, SHIN secretly solicited and received bribe payments in connection with SBA-guaranteed loans issued by the Bank and caused the Bank to extend SBA-guaranteed loans to companies in which SHIN had secret ownership interests.  Specifically, when the Bank issued a business loan involving a certain broker (the “Broker”), SHIN secretly arranged to receive a portion of the Broker’s fee.  On other occasions, when the Bank issued a business loan that did not involve the use of an actual broker, SHIN arranged to have the Broker inserted unnecessarily into the transaction solely to generate a broker fee that could be shared with SHIN; in fact, the Broker did no actual work to earn a commission on those transactions, but split the “broker’s fee” with SHIN as an illegal kickback.
SHIN also arranged for the Bank to issue SBA-guaranteed loans to businesses in which he secretly retained an ownership interest, in violation of SBA regulations and procedures.  For example, in or about December 2010, the Bank issued an SBA-guaranteed loan for approximately $950,000 to a business in New York, New York.  Although documents submitted to the Bank for purposes of securing the loan did not mention SHIN’s ownership interest, the business was secretly operated as a 50-50 partnership between SHIN and the Broker.  After the loan was issued in or about October 2014, this loan went into default status, ultimately resulting in a loss to the SBA of approximately $611,491. 
SHIN, 56, of Ambler, Pennsylvania, is charged with one count of conspiracy to commit bank bribery, which carries a maximum potential sentence of five years in prison, and one count each of bank bribery, theft of funds by a bank officer, and conspiracy to commit wire fraud, each of which carries a maximum potential sentence of 30 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 defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FDIC-OIG, HSI, FBI, SBA-OIG, and SIGTARP.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

3 Members Of Trip-And-Fall Scheme Convicted Of Defrauding New York City-Area Businesses And Their Insurance Companies Of More Than $31.7 Million


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced the conviction in Manhattan federal court of BRYAN DUNCAN, ROBERT LOCUST, and RYAN RAINFORD.  The jury convicted DUNCAN, LOCUST, and RAINFORD today for their participation in a conspiracy to commit mail and wire fraud following a three-week trial before U.S. District Judge Sidney H. Stein.  The jury also convicted DUNCAN of a second count of conspiracy to commit mail and wire fraud, along with one count of mail fraud and one count of wire fraud.  Co-conspirators Peter Kalkanis, a former chiropractor, and Kerry Gordon previously pled guilty before Judge Stein to conspiracy to commit mail and wire fraud, mail fraud, and wire fraud.  Kalkanis also pled guilty to aggravated identity theft. 
Manhattan U.S. Attorney Geoffrey S. Berman said:  “Bryan Duncan, Robert Locust, and Ryan Rainford carried out a blatantly corrupt scheme, recruiting ‘patients,’ coaching them on how to stage trip-and-fall ‘accidents’ that were not accidents at all, and steering them to complicit lawyers, chiropractors, and doctors.  They recruited indigent people, including from homeless shelters – people they thought would be most willing to undergo unneeded surgeries for the minimal cut of the proceeds the defendants would share.  Duncan, Locust, and Rainford were tripped up by the justice system and have met their downfall.”
According to the allegations contained in the Indictment and Superseding Indictment, and the evidence presented in Court during the trial:
Between in or about 2013 through 2018, DUNCAN, LOCUST, and RAINFORD, the defendants, engaged in a widespread fraud scheme through which the defendants defrauded businesses and insurance companies by staging trip-and-fall accidents and filing fraudulent lawsuits arising from those staged trip-and-fall accidents.  Fraud scheme participants, including the defendants, recruited hundreds of individuals to stage trip-and-fall accidents at particular locations throughout New York City and to claim that they injured themselves as a result of their accidents.  Common accident sites used during the fraud scheme included cellar doors, cracks in concrete sidewalks, and purported “potholes.”  The defendants instructed the recruited patients to claim that they sustained injuries to particular areas of their bodies, including the knees, shoulders, and/or back – body parts that, if injured, would reap high recoveries in personal injury lawsuits.
After the staged trip-and-fall accidents, recruited patients were referred to specific attorneys who would file lawsuits against the owners of the accident sites and/or insurance companies of the owners of the accident sites (the “Victims”).  The lawsuits did not disclose that the recruited patients had deliberately fallen at the accident sites or, in some cases, had not fallen at all.  During the course of the fraud scheme, the defendants, together with others known and unknown, attempted to defraud the Victims of at least $31,791,000.
The recruited patients were also instructed to receive ongoing medical treatment from certain chiropractors and doctors.  The fraud scheme participants advised the recruited patients that if they intended to continue with their lawsuits, they were required to undergo surgery to increase the value of their fraudulent lawsuits.  The medical procedures included discectomies, spinal fusions, non-surgical epidural injections, and knee and shoulder surgeries.  As an incentive to getting surgery, the recruited patients were offered a payment after they completed surgery as well as a percentage of any settlement payment from their lawsuit.  Patients generally had two surgeries and received between $1,000 and $1,500 after each surgery.
The defendants recruited low-income individuals as patients – individuals desperate enough to undergo surgeries in exchange for these small post-surgery payments.  In some instances, the defendants even recruited patients from homeless shelters in New York City.  Over the course of the trial, more than 20 witnesses testified, including 11 patients who admitted to staging trip-and-fall accidents at the direction of DUNCAN, LOCUST, RAINFORD, or other co-conspirators.     
DUNCAN was one of the organizers and leaders of the scheme.  DUNCAN recruited patients into the scheme, organized the recruited patients’ legal and medical appointments, and assisted in procuring the funding for the recruited patients’ medical treatment and lawsuits.  DUNCAN, and his partner Kerry Gordon, made over $1 million in profit from the fraud scheme. 
LOCUST and RAINFORD helped recruit patients into the fraud scheme, transported patients to medical and legal appointments, identified potential accident sites, made payments to recruited patients, and coached recruited patients on faking their injuries. 
Peter Kalkanis was another organizer and leader of the scheme.  Kalkanis paid his co-defendants to recruit patients into the scheme and transport the patients to medical and attorney appointments.
DUNCAN was found guilty of two counts of conspiracy to commit mail and wire fraud, one count of mail fraud, and one count of wire fraud, each of which carries a maximum term of 20 years in prison.  LOCUST and RAINFORD were each found guilty of one count of conspiracy to commit mail and wire fraud, which carries a maximum term of 20 years in prison. 
The jury failed to reach a verdict as to DUNCAN, LOCUST, and RAINFORD on one count of mail fraud and one count of wire fraud.  
Kalkanis pled guilty to one count of conspiracy to commit mail and wire fraud, one count of mail fraud, and one count of wire fraud, each of which carries a maximum term of 20 years in prison.  Kalkanis also pled guilty to aggravated identity theft, which carries a mandatory term of imprisonment of two years. 
Gordon pled guilty to two counts of conspiracy to commit mail and wire fraud, two counts of mail fraud, and two counts of wire fraud, each of which carries a maximum term of 20 years in prison. 
The maximum potential sentences and minimum sentence in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.     
Mr. Berman praised the outstanding investigative work of the New York Field Office of the Federal Bureau of Investigation and the New York City Police Department.  Mr. Berman also thanked the National Insurance Crime Bureau for their assistance in the investigation. 

14 CHARGED IN SALES OF HEROIN, FENTANYL AND FENTANYL ANALOGS FOLLOWING DRUG OVERDOSES


South Brooklyn Motels and Public Housing Development Served as Trafficking Hubs; Brazen Assault at Staples Store Linked to Drug Dispute

  Guns and drugs seized 
Luxury goods bought with drug proceeds

   Bridget G. Brennan, New York City’s Special Narcotics Prosecutor, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration’s (DEA) New York Division, New York City Police Commissioner James P. O’Neill, Acting New York State Police Superintendent Keith M. Corlett and Brooklyn District Attorney Eric Gonzalez announced charges against 14 defendants following a long-term wiretap investigation into sales of heroin, fentanyl and fentanyl analogs in Brooklyn. The investigation began following a rash of overdoses in 2017.

The defendants are charged in connection with two drug distribution organizations that obtained narcotics from a common source of supply, BRANDICE WILLIAMS, aka “Bee,” aka “Sis.” The investigation, conducted by the New York Drug Enforcement Task Force (NYDETF) Group T-31 and the New York City Police Department (NYPD)’s Brooklyn South Gang Squad and Narcotics Borough Brooklyn South, revealed that members of the organizations were aware of the potentially lethal potency of the narcotics they sold and made substantial profits from these drug sales. Defendant WALDEMAR VALENTIN, aka “Wiz,” the alleged leader of one organization, faces the top narcotics charge of Operating as a Major Trafficker. VALENTIN is also charged with carrying out brazen acts of violence and threats against a witness to protect his lucrative drug business.
Indictments filed by the Office of the Special Narcotics Prosecutor contain charges of Conspiracy, Operating as a Major Trafficker, Criminal Sale of and Possession of a Controlled Substance, Assault and Attempted Assault, Intimidating a Witness, Criminal Possession of a Weapon and of a Firearm, Possession of a Forged Instrument and of a Forgery Device and Criminally Using Drug Paraphernalia. Brooklyn District Attorney Eric Gonzalez reviewed and submitted wiretap applications for court authorization.
WILLIAMS was arrested in Woodbridge, Va. on May 3, 2018 and removed to New York City for prosecution on charges in two indictments relating to the two organizations. She and four others are scheduled for arraignment today on a superseding indictment before Manhattan Supreme Court Justice Abraham Clott, Part 61, 111 Centre Street.
NYDETF Group T-31 is comprised of agents with DEA New York Division, NYPD detectives and the New York State Police investigators.
Valentin Organization
The investigation began following a spike in overdose and deaths in South Brooklyn, including one fatal overdose and one non-fatal overdose linked to fentanyl analogs in Canarsie in June of 2017. Fentanyl analogs are variants of the potent opioid fentanyl, with slightly different chemical compositions, and can be significantly more lethal than fentanyl. While it is illegal to possess or sell fentanyl analogs under federal law, the majority of these substances are still legal under New York State law. Fentanyl and fentanyl analogs are responsible for more than half of all overdose deaths in New York City.
Agents and officers identified the trafficking organization allegedly headed by WALDEMAR VALENTIN, which operated out of rooms at two South Brooklyn motels: the Day’s Inn located on 49th Street and the Harbor Motor Inn located on Shore Parkway. It was part of the conspiracy for the defendants to store, package and sell heroin, fentanyl and fentanyl analogs, including fluoroisobutyryl fentanyl and despropionyl fluorofentanyl. The substances were sometimes mixed together and sometimes sold separately. It was also part of the conspiracy for the defendants to physically assault and threaten members and associates of the narcotics organization who undermined VALENTIN.
Members of the organization used coded language to discuss narcotics and set up purchases and sales. VALENTIN and others travelled to Staten Island where BRANDICE WILLIAMS resided in order to receive narcotics. Between October of 2017 and July of 2018, defendants PHILLIP PATSURIYA, aka “Phil,” MICHAEL BACA VELAZQUEZ, ANASTASIA SPIVAK and others allegedly sold narcotics at VALENTIN’s direction at the motels and elsewhere. More than 175 instances of narcotics sales and/or possession were identified during the wiretap investigation.
Conversations between VALENTIN and PATSURIYA indicated they sought out the potent synthetic opioid fentanyl and its variants to sell to their customers. As detailed in the indictment, VALENTIN and PATSURIYA discussed their customers being able to taste the difference between fentanyl and heroin. Once when narcotics they received from alleged supplier WILLIAMS tasted too much like “regular” heroin rather than “fetty,” VALENTIN told PATSURIYA that he was going to “have a talk with the connect.”
In May of 2018, the wiretap investigation revealed a series of mishaps that caused the organization’s narcotics supply to run short. On May 10, 2018, VALENTIN complained in a call to another individual that “wifey” threw out some narcotics “by the school in a black bag.” The following day, VALENTIN told defendant BACA VELAZQUEZ that narcotics had fallen in a sewer. BACA VELAZQUEZ said he would purchase a tool to help retrieve it. Later, BACA VELAZQUEZ informed VALENTIN he had heated and cooled the narcotics to dry it out after being in the sewer. “I did the oven then I did the freezer” and “they said it taste fine,” he said.
On May 13, 2018, PATSURIYA and VALENTIN exchanged a series of text messages about a member of the drug organization whom they suspected of stealing narcotics. PATSURIYA told VALENTIN that one individual they were seeking to assault was hiding inside a Staples store located at 2892 Ocean Avenue. A second individual they were seeking to assault was with PATSURIYA inside his car in the store parking lot. At approximately 3 p.m., VALENTIN approached PATSURIYA’s car with a baseball bat and struck the individual in the face with a baseball bat causing injury. PATSURIYA and VALENTIN then entered the Staples store together and VALENTIN allegedly struck the second individual in the head with the baseball bat causing injury.
After police responded to the Staples store, VALENTIN and PATSURIYA discussed the likelihood of the attack being captured on security footage. VALENTIN told PATSURIYA that if the individual they assaulted inside the store went to the police he would go after him and his family, stating, “I already put my people’s on so they know where he lives who his moms n all that.” On May 16, 2018, VALENTIN indicated he was looking for the individual he allegedly attacked in the store, stating, “I hit him in the head already” and “I’m not finish.”
VALENTIN and PATSURIYA were arrested in June of 2018. On May 6, 2019, VALENTIN was arraigned on a superseding indictment that charges him with Operating as a Major Trafficker, Attempted Assault in the First Degree, Assault in the Second Degree and Intimidating a Witness in the Third Degree, as well as three counts of conspiracy. PATSURIYA faces charges of Conspiracy, Attempted Assault in the First Degree and Assault in the Second Degree.
Marlboro Houses

Between June of 2018 and May of 2019, the focus of the investigation shifted to a narcotic trafficking organization operating in the Marlboro Houses, a New York City Housing Authority (NYCHA) residential complex in Brooklyn, who conspired to sell cocaine, heroin, fentanyl and fentanyl analogs, particularly fluoroisobutyryl fentanyl, para-fluoroisobutyryl fentanyl and despropionyl fluorofentanyl. Eight members of this organization have been arrested and indicted as part of the conspiracy, in addition to BRANDICE WILLIAMS. WILLIAMS travelled to the Marlboro Houses from her residence in Woodbridge, Va., where she moved in the Fall of 2018, in order to supply narcotics to defendant JAMES SEASE and others.


WILLIAMS, SEASE and three codefendants are scheduled to be arraigned on a superseding indictment today before Manhattan Supreme Court Justice Abraham Clott, Part 61, 111 Centre Street. The arrests occurred on May 3, 2019 as a result of a long-term investigation. The indictment charges SEASE and alleged members of the organization in a total of 15 sales of narcotics to undercover NYPD officers and additional charges of drug possession.
The defendants regularly convened in a number of apartments located throughout the Marlboro Houses, where they allegedly packaged and sold narcotics, stored firearms and ammunition, possessed forged credit cards and forgery devices and discussed matters related to the operation. The defendants also allegedly used a nearby deli, Food Corp. on 86th Street, as a location to congregate and store narcotics.
Agents and officers learned that SEASE resided in East Orange, N.J. and regulary commuted to the Marlboro Houses in a Mercedes vehicle. During the investigation, SEASE allegedly spent some of his criminal profits during multiple shopping sprees at high end stores, including Chanel and Bergdorf Goodman. These shopping trips were captured on store security footage. At Chanel SEASE purchased a $5,000 bag with a stack of $20 bills, which he photographed with his phone. At Bergdorf Goodman, SEASE purchased clothing and footwear by the luxury brand Balenciaga.
At the time of his arrest on May 3, 2019, agents and officers conducted a court authorized search of SEASE’s residence, located at 120 Halsted Street, Apt. 301, East Orange, N.J. and recovered approximately $19,000 cash, large amounts of high end luxury goods and 12 counterfeit driver’s licenses. Agents and officers also conducted a series of court authorized searches of apartments within the Marlboro Houses and recovered two loaded guns, quantities of narcotics, drug packing equipment and paraphernalia, fraudulent credit cards and a credit card embossing machine.
Special Narcotics Prosecutor Bridget G. Brennan thanked her office’s Narcotics Gang Unit, Brooklyn District Attorney Eric Gonzalez, the U.S. Drug Enforcement Administration (DEA) New York Division, the New York City Police Department and the New York State Police.
“This investigation was prompted by the urgent need to identify the source of highly potent drugs that were endangering lives in South Brooklyn. The case posed unique challenges as not all fentanyl analogs are illegal in New York State, despite their lethal nature. Fentanyl and its variations contributed to half of all overdose deaths in New York City last year, and removing these substances from the black market is a top priority for our office,” said Special Narcotics Prosecutor Brennan. “I thank all of our law enforcement partners for their commitment to this successful investigation.”
“The epidemic of opioid use continues to destroy the lives of too many members of our communities and their families. I commend the Office of the Special Narcotics Prosecutor and the New York City Police Department for uncovering these alleged criminal operations. I remain committed to working with my law enforcement partners in holding accountable those who endanger lives by selling these dangerous substances,” said Brooklyn District Attorney Eric Gonzalez.
“Fentanyl hasn’t changed how traffickers operate, but it has changed the rates of overdoses nationwide,” said Ray Donovan, DEA Special Agent in Charge. “Twenty years ago, less than 1,000 deaths a year were attributed to synthetic opioids; recent analysis noted nearly 30,000 Americans were killed in 2017. We have prioritized targeting opioid traffickers, like these two organizations, whose violence and drug dissemination have wreaked havoc throughout our city and taken lives prematurely.”
“The NYPD and its partners will be tireless in the pursuit of those involved in narcotics trafficking within our city. These arrests—and the indictments that followed—demonstrate New York City law enforcement’s steadfast resolve in ridding our neighborhoods of these dangerous drugs. I commend the NYPD investigators as well as our colleagues in the DEA, the New York State Police, the Brooklyn District Attorney’s Office, and the Special Narcotics Prosecutor, for their work in building this case,” said Police Commissioner James P. O’Neill.


Acting New York State Police Superintendent Keith M. Corlett said, “Because of the critical partnerships and the collaborative efforts of our law enforcement partners, we were able to dismantle a dangerous heroin/fentanyl drug trafficking operation. The arrests of these criminals reinforces that we will continue to be vigilant in stopping the flow of these dangerous narcotics into our neighborhoods. The sale of such highly addictive drugs perpetuates a cycle of substance abuse which poses a significant threat to safety and quality of life within our communities, and it will not be tolerated. I commend our members and our law enforcement partners for their hard work in uncovering this illicit operation.”
Defendants: Valentin OrganizationCharges
Brandice Williams, aka “Bee,” aka “Sis”; Woodbridge, VA; 9/15/1983Conspiracy 2nd – 1 ct; Conspiracy 4th – 1 ct; CSCS 2nd – 1 ct
Waldemar Valentin, aka “Wiz”; Brooklyn, NY; 5/23/1985Conspiracy 2nd – 1 ct; Conspiracy 4th – 2 cts; Operating as a Major Trafficker – 1 ct; Attempted Assault 1st – 2 cts; Assault 2nd – 2 cts; Intimidating a Witness 3rd – 1 ct
Phillip Patsuriya, aka “Phil”; Brooklyn, NY; 9/5/1994Conspiracy 2nd – 1 ct; Conspiracy 4th – 1 ct; Attempted Assault 1st – 2 cts; Assault 2nd – 2 cts
Michael Baca-Velazquez, aka “Mikey”; Old Bridge Township, NJ; 8/14/1988Conspiracy 2nd – 1 ct; Conspiracy 4th – 1 ct
Anastasia Spivak; Brooklyn, NY; 8/12/1997
Conspiracy 2nd – 1 ct; Conspiracy 4th – 1 ct

Defendants: Marlboro HousesCharges
Brandice Williams, aka “Bee,” aka “Sis”; Woodbridge, VA; 9/15/1983Conspiracy 2nd – 1 ct; Conspiracy 4th – 1 ct; Criminally Using Drug Paraphernalia – 1 ct
James Sease, aka “Chop Whop”; East Orange, NJ; 9/21/1987Conspiracy 2nd – 1 ct; Conspiracy 4th – 2 cts; Conspiracy 5th – 1 ct; CSCS 3rd – 1 ct; Criminal Possession of a Forged Instrument 2nd – 12 cts
Michael Dixon, aka “Heat Mulah,” aka “Snap”; Brooklyn, NY; 11/19/1982Conspiracy 2nd – 1 ct; Conspiracy 4th – 2 cts; Conspiracy 5th – 1 ct; CPW 2nd – 2 cts; Criminal Possession of a Firearm – 2 cts; CSCS 3rd – 13 cts; CPCS 3rd – 1 ct; CPCS 4th – 1 ct; Criminally Using Drug Paraphernalia – 3 cts
Braun Gordon, aka “Uncle,” aka “Unc”; Brooklyn, NY; 5/31/1965Conspiracy 2nd – 1 ct; Conspiracy 4th – 2 cts; Conspiracy 5th – 1 ct; CPW 2nd – 2 cts; Criminal Possession of a Firearm – 2 cts; CSCS 3rd – 2 cts; CPCS 3rd – 1 ct; CPCS 4th – 1 ct; Criminally Using Drug Paraphernalia – 3 cts
Jerome Pippens; Brooklyn, NY' 6/6/1986Conspiracy 2nd – 1 ct Conspiracy 4th – 2 cts Conspiracy 5th – 1 ct CPCS 3rd – 2 cts CPCS 5th – 1 ct Criminally Using Drug Paraphernalia – 2 cts Criminal Possession of a Forged Instrument 2nd – 2 cts Criminal Possession of a Forgery Device – 1 ct



The charges and allegations are merely accusations and the defendants are presumed innocent until proven guilty.

MAJOR NARCOTICS TRAFFICKERS SENTENCED FOR SMUGGLING COCAINE VIA U.S. POSTAL SERVICE


Postal Box Interior Box and Contents

Bridget G. Brennan, New York City’s Special Narcotics Prosecutor, announced today the sentencing of Puerto Rico-based drug suppliers LUIS XAVIER MELENDEZ SANCHEZ and ELIUD TORRES on top narcotics possession and conspiracy charges. The charges stemmed from a scheme to smuggle large quantities of cocaine from Puerto Rico to New York City and elsewhere through the U.S. Mail. Packages of drugs were concealed inside boxes of toys and exercise equipment.
Manhattan Supreme Court Justice Stephen Antignani imposed a sentence of 11 years in prison followed by five years post release supervision on the charge of Criminal Possession of a Controlled Substance in the First Degree and one to three years in prison for Conspiracy in the Second Degree for each of the two defendants. The sentences are to run concurrently.
MELENDEZ SANCHEZ and TORRES entered guilty pleas on May 8, 2019 after their trial had commenced. They were among 15 defendants arrested in connection with a conspiracy that ran from August 2015 to February 2017. A total of 21 kilograms of cocaine and heroin (46 pounds), with a combined street value of approximately $4.5 million, was seized during the long-term wiretap investigation, as was approximately $150,000 in cash, $90,000 in jewelry, a rifle and a stun gun.
The investigation was conducted by the DEA’s New York Organized Crime Drug Enforcement Strike Force Group Z-42, the U.S. Postal Inspection Service (USPIS) and the New Jersey State Police, Trafficking Central Unit.
Special Narcotics Prosecutor Bridget G. Brennan said, “In the midst of the opioid epidemic gripping our city, we must not forget that cocaine related deaths are also on the rise. The volume of cocaine smuggled into New York City by the Sanchez -Torres organization through the mail, simply concealed in innocent looking packages, is a grim reminder of that sad fact. I thank all of our law enforcement partners who collaborated to bring an extended network of narcotic traffickers to justice.”
MELENDEZ SANCHEZ and TORRES were arrested on February 7, 2017 and February 8, 2017 respectively in San Juan, P.R. after agents and officers identified them as suppliers for the head of Bronx-based narcotic distribution organization, ARIEL LOPEZ ACOSTA.
LOPEZ ACOSTA pled guilty on December 14, 2017 and was sentenced to 8 ½ years in prison for Criminal Possession of a Controlled Substance in the First Degree and two to six years in prison for Conspiracy in the Second Degree. All of the other defendants charged in the case also pled guilty.
Special Narcotics Prosecutor Bridget G. Brennan commended Assistant District Attorneys Erik J. Aho and Christopher Lin of her office’s Special Investigations Bureau for their work on the case, along with Investigative Analyst Michael-Angelo Zummo and Trial Preparation Assistants Cindy Cintron, Whitley Daniels and Sonia Hira, and thanked Bronx District Attorney Darcel D. Clark.
Special Narcotics Prosecutor Bridget G. Brennan also commended members of DEA New York Strike Force Group Z-42, the U.S. Postal Inspection Service and the New Jersey State Police.
The U.S. Drug Enforcement Administration’s (DEA) New York Organized Crime Drug Enforcement Strike Force is comprised of agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation, U.S. Secret Service, the U.S. Marshal Service, New York National Guard, the New York Department of Taxation and Finance, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department and New York State Department of Corrections and Community Supervision. The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative.
DefendantChargesSentence
Luis Xavier Melendez Sanchez; San Juan, Puerto Rico; 12/1/1987Conspiracy 2nd – 1 ct; CPCS 1st – 1 ct1-3 years prison; 11 years prison + 5 years PRS
Eliud Torres; San Juan, Puerto Rico; 1/13/1977Conspiracy 2nd – 1 ct; CPCS 1st – 1 ct1-3 years prison; 11 years prison + 5 years PRS

Attorney General James Sues New York City Property Manager For Illegally Deregulating Hundreds Of Rent-Stabilized Apartments


David Drumheller Allegedly Participated in Scheme to Increase Rent-Stabilized Rents, Took $1.2 Million in Kickbacks from Contractors

  Attorney General Letitia James today announced a lawsuit against David Drumheller and his closely-held company, JBD Realty Services, LLC, for fraud, unjust enrichment, and for repeatedly violating Rent Stabilization laws through manipulation of Individual Apartment Improvements (IAIs). Drumheller worked for many years at Newcastle Realty Services, a property management company that manages approximately 2,500 apartments throughout New York City. 

The complaint alleges that, while at Newcastle, Drumheller and other agents jointly schemed to illegally deregulate rent-stabilized apartments by manufacturing and inflating costs used to claim IAIs, a mechanism by which landlords can raise rent-stabilized rents in excess of regular annual rent increases. Additionally, the complaint alleges that Drumheller and an associate at Newcastle accepted $1,200,000 in kickbacks from contractors who performed renovations on Newcastle-managed apartments.
“Engaging in fraud with respect to renovations is a decades-old, devious practice designed to take advantage of tenants throughout New York," said Attorney General Letitia James. “Knocking hundreds of rent-stabilized apartments off the market by illegal schemes is immoral and unacceptable. My office will work to reregulate the units lost to this fraud, and to ensure that individuals like Drumheller are no longer in a position to abuse the rent regulation system.” 
The lawsuit details a years-long scheme to abuse the IAI system set forth in the Rent Stabilization laws in order to rapidly deregulate rent-stabilized buildings, sell them, and turn a profit. When landlords and managing agents are able to claim enough costs to push the rent over the “high rent” deregulation threshold, apartments become market-rate, which exponentially increases the value of buildings. Under the Rent Stabilization laws, the State Division of Housing and Community Renewal (HCR) does not approve IAIs and therefore does not receive receipts from a landlord unless a tenant brings an overcharge case.
The complaint alleges that Newcastle implemented a strategy to gut-renovate vacant rent-stabilized apartments, count the cost of the renovations as IAIs, and then claim that the apartments were exempt from rent stabilization when a new tenant moved in. It is alleged that, in order to carry out this plan, Drumheller, without speaking to any contractor, first determined how much money it would take to deregulate a unit, and then dictated the labor cost to the captured contractor regardless of the true and fair cost of the renovation. Further, he used false change orders when his calculation fell short. This practice resulted in discrepancies in the claimed cost of labor. For example, $14,500 would be claimed in construction costs to renovate a one-bedroom apartment; whereas, $95,000 would be claimed in construction costs to renovate a studio in the very same building at the same time. Drumheller and others at Newcastle assigned these labor costs to apartments based exclusively on the amount of IAI necessary to deregulate each unit and not the actual value of the work. However, because Drumheller created checklists and other paperwork to make these costs appear legitimate, it was virtually impossible for HCR or incoming tenants to uncover the fraud.
Additionally, the complaint alleges that Drumheller secretly syphoned money from payments to Newcastle contractors, and he included those kickbacks in claimed IAIs.  Contractors paid Drumheller in cash and checks, and Drumheller and his associate together took more than $1.2 million from the contractors hired to do Newcastle renovations. Some contractors paid Drumheller and his associate directly, and others paid for their expenses, such as country club dues, Porsche payments, and home improvement projects.
In the filing, the Attorney General seeks an injunction against Drumheller and JBD Realty Services, LLC, disgorgement of all kickbacks, restitution for tenants affected by their conduct, and that the Court bar Drumheller and JBD Realty Services, LLC from engaging in any business related to management or ownership of rent-stabilized property in the State of New York.
“We commend the Attorney General for her continued efforts and national leadership on behalf of New Yorkers. The Governor’s Tenant Protection Unit within HCR continues to work closely with the Attorney General’s office to uncover illicit schemes that defraud hard-working, law-abiding New Yorkers, and joint AG and TPU investigations have successfully resulted in civil actions against Zara Realty and settlements against Marolda,” said HCR Commissioner RuthAnne Visnauskas. “Working together in real-time is how we create a force-multiplier to identify illegal overcharges and schemes to protect tenants. Through its audits and investigations, to date the TPU has returned more than 77,000 improperly deregulated apartments to rent regulation and recovered approximately $5 million in overcharged rent for unsuspecting tenants.”
The Attorney General, in coordination with HCR, is continuing its investigation into the loss of rent-stabilized apartments through Drumheller’s scheme. Any tenants who believe they have been overcharged can file an overcharge complaint with HCR.

VAN NEST NEIGHBORHOOD ALLIANCE–MONTHLY MEETING–MONDAY JUNE 3, 2019–7:00PM–MONSIGNIOR FIORENTINO APTS–1830 AMETHYST STREET, COMMUNITY ROOM


Monday June 3, 2019 is our last meeting before summer recess!
We resume in September. That doesn't mean we stop being
the eyes and ears of Van Nest! We are on-call 24/7!
Monday, June 3, 2019
7:00 PM
Monsignor Fiorentino Apts Community Room
1830 Amethyst Street


Bronx, NY 10462