Saturday, June 8, 2019

Assemblyman Crespo's Bill Regarding Jury Duty Exemption for Breastfeeding Women Passes Assembly & Senate





Senator Montgomery and Assemblyman Crespo's Bill Regarding Jury Duty Exemption for Breastfeeding Women Passes Both Houses (S. 748 and A. 5424)

  This week the New York State Senate and Assembly passed legislation that provides breastfeeding women an exemption from jury duty. The legislation will allow women choosing to breastfeed their infant the ability to postpone their call to jury service up to two years. 
 
“Many women have decided to breast feed their infants,” said Assemblyman Marcos A. Crespo. “This bill will allow mothers and their families to postpone a call to jury duty in order to ensure the health of their newborn. I am honored to have carried this bill for several years. Thank you to Senator Montgomery and the Senate and to the Speaker and my colleagues in the Assembly.” 
 
Jury duty is an integral part of our justice system. However, if a woman choosing to breastfeed her infant is summoned to jury duty, it is during a critical time in the development of a child's cognitive and cerebral formation. This legislation provides new mothers with both the choice and ability to be excused from jury duty per the written notice by a physician.
 
This legislation is a common sense approach to ensuring the health and safety of mothers, newborns, and families throughout New York State. 

Gang Member Charged In Manhattan Federal Court With Racketeering, Narcotics, And Firearms Offenses


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced the unsealing of a Superseding Indictment charging ALJERMIAH MACK, a/k/a “Nuke,” with racketeering, narcotics, and firearms offenses in connection with his membership in, and association with, the Nine Trey Gangsta Bloods, also known as “Nine Trey.”  The Superseding Indictment also contains charges against defendant ANTHONY ELLISON, a/k/a “Harv,” who was charged in a previous indictment with racketeering and firearms offenses.  The charges against ELLISON remain the same. 

MACK was taken into custody Thursday afternoon.  He was presented and arraigned before Chief U.S. Magistrate Gabriel W. Gorenstein.  The case is assigned to U.S. District Judge Paul A. Engelmayer.  
U.S. Attorney Geoffrey S. Berman said:  “As alleged in the Superseding Indictment, Aljermiah Mack, like his Nine Trey co-conspirators, engaged in brazen acts of gun violence and narcotics dealing.  Thanks to our remarkable partners at HSI, ATF, and the NYPD, he now faces federal charges for his serious crimes.”
As alleged in the Superseding Indictment unsealed today in Manhattan federal court[1]:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn.  Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business.  Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, and MDMA. 
The Superseding Indictment charges MACK and ELLISON with racketeering and firearms offenses.  Count One of the Superseding Indictment charges MACK and ELLISON with participating in a racketeering conspiracy for their criminal involvement in Nine Trey.  Count Two charges MACK and ELLISON with using and carrying firearms, which were brandished and discharged, in connection with the racketeering conspiracy.  Counts Three through Five charge ELLISON in connection with his kidnapping and assaulting another member of Nine Trey near the intersection of Bedford Avenue and Atlantic Avenue in Brooklyn on or about July 22, 2018.  Count Six charges MACK with conspiracy to distribute heroin, fentanyl, and MDMA, from in or about 2015 to in or about 2018.  Count Seven charges MACK with using and carrying a firearm in connection with the narcotics conspiracy. 
A chart containing the charges and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the New York City Police Department.  He also thanked the New York City Department of Correction’s Intelligence Bureau for its assistance in the investigation.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.      
COUNT CHARGE DEFENDANTS MAX. PENALTIES
1 Racketeering conspiracy   18 U.S.C. § 1962(d) ALJERMIAH MACK (age 33) ANTHONY ELLISON (age 31)       20 years in prison
2 Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was discharged   18 U.S.C. § 924(c) ALJERMIAH MACK ANTHONY ELLISON       Life in prison   Mandatory minimum of 10 years in prison
3 Violent crime in aid of racketeering (July 22, 2018)   18 U.S.C. § 1959 ANTHONY ELLISON Life in prison
4 Violent crime in aid of racketeering (July 22, 2018)   18 U.S.C. § 1959 ANTHONY ELLISON 20 years in prison
5 Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which was brandished   18 U.S.C. § 924(c) ANTHONY ELLISON Life in prison   Mandatory minimum of 7 years in prison
6 Conspiracy to distribute narcotics   21 U.S.C. § 846 ALJERMIAH MACK Life in prison   Mandatory minimum of 10 years in prison  
7 Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking offense   18 U.S.C. § 924(c) ALJERMIAH MACK Life in prison   Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation. 

Bronx Man Sentenced To More Than 4 Years In Prison For Multimillion-Dollar Fraud Scheme Involving Business Email Compromises And Romance Scams Targeting The Elderly


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that MUFTAU ADAMU, a/k/a “Muftau Adams,” a/k/a “Muftau Iddrissu,” was sentenced to 51 months in prison in connection with a fraud scheme based in the Republic of Ghana (“Ghana”) involving the theft of over $10 million through business email compromises and romance scams that targeted elderly victims from at least 2014 through 2018.  ADAMU pled guilty to conspiracy to commit wire fraud on February 12, 2019, before U.S. Magistrate Judge Kevin Nathaniel Fox.  U.S. District Judge Denise L. Cote imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Muftau Adamu and his co-defendants conspired with others in Ghana to steal millions of dollars from businesses and vulnerable individuals across the United States through business email compromises and romance scams.  Today’s sentencing sends a message that those who facilitate frauds will face significant time in jail.  We will continue to work with our law enforcement partners to investigate and prosecute such fraud schemes, no matter where they originate.”
According to allegations in the Complaints and the Indictment filed in the case:
Between 2014 and 2018, ADAMU, TOUREY AHMED RUFAI, a/k/a “Joe Thompson,” a/k/a “Joe Terry,” a/k/a “Rufai A Tourey,” a/k/a “Ahmed Rufai Tourey,” and PRINCE NANA AGGREY were members of a criminal enterprise (the “Enterprise”) based in Ghana that committed a series of business email compromises and romance scams against individuals and businesses located across the United States, including in the Southern District of New York. 
The objective of the Enterprise’s business email compromise fraud scheme was to deceive businesses into wiring funds into accounts controlled by the Enterprise.  First, members of the Enterprise created email accounts with slight variations of email accounts used by employees of a victim company or third parties engaged in business with a company to “spoof” or impersonate those employees or third parties.  These fake email accounts were specifically designed to trick other employees of the company with access to the company’s finances into thinking the fake email accounts were authentic.  The fake email accounts were used to send instructions to wire money to certain bank accounts and also included fake authorization letters for the wire transfers that contained forged signatures of company employees.  By using this method of deception, the Enterprise sought to trick the victims into transferring hundreds of thousands of dollars to bank accounts the victims believed were under the control of legitimate recipients of the funds as part of normal business operations, when, in fact, the bank accounts were under the control of members of the Enterprise, including ADAMU, RUFAI, and AGGREY.
The Enterprise conducted the romance scams by using electronic messages sent via email, text messaging, or online dating websites that deluded the victims, many of whom were vulnerable men and women over the age of 60 who lived alone, into believing the victim was in a romantic relationship with a fake identity assumed by members of the Enterprise.  Once members of the Enterprise had gained the trust of the victims using the fake identity, they used false pretenses to cause the victims to wire money to bank accounts the victims believed were controlled by their romantic interests, when, in fact, the bank accounts were controlled by members of the Enterprise.  At times, the members of the Enterprise also used false pretenses to cause the victims to receive funds into the victims’ bank accounts, which, unbeknownst to the victims, were fraud proceeds, and to transfer those funds to accounts under the control of members of the Enterprise.  The members of the Enterprise, posing as the romantic interest of the victims, also introduced the victims to other individuals purporting to be, for example, consultants or lawyers, who then used false pretenses to cause the victims to wire money to bank accounts controlled by members of the Enterprise. 
ADAMU, RUFAI, AGGREY, and their co-conspirators received or otherwise directed the receipt of more than $10 million in fraud proceeds from victims of the Enterprise in bank accounts that they controlled in the Bronx, New York.  Some of these bank accounts were opened using fake names, stolen identities, or shell companies in order to avoid detection and hide the true identities of the members of the Enterprise controlling those accounts.  Once the defendants received the fraud proceeds in bank accounts under their control, the defendants withdrew, transported, and laundered those fraud proceeds to other members of the Enterprise, including those located in Ghana.     
In addition to the prison term, ADAMU, 30, of the Bronx, New York, was sentenced to three years of supervised release and ordered to forfeit $114,281.51 and pay restitution of $443,000 to victims. 
RUFAI, 33, of the Bronx, New York, pled guilty to conspiracy to commit wire fraud on  January 9, 2019, and was sentenced by Judge Cote on April 12, 2019, to 48 months in prison, three years of supervised release, and ordered to forfeit $109,868.61 and pay restitution of $320,449.97 to victims. 
AGGREY, 43, of the Bronx, New York, pled guilty to conspiracy to commit wire fraud on January 28, 2019, and was sentenced by Judge Cote on May 10, 2019, to 30 months in prison, three years of supervised release, and ordered to forfeit $71,595.60 and pay restitution of $431,884.00 to victims. 
U.S. Attorney Berman praised the outstanding investigative work of the Federal Bureau of Investigation (“FBI”) and the Internal Revenue Service, Criminal Investigation.  Mr. Berman also thanked U.S. Customs and Border Protection, Ghana’s Economic and Organised Crime Office, and the FBI Legal Attaché in Accra, Ghana, for their helpful assistance with the investigation.

BP DIAZ HOSTS BRONX LGBTQ PRIDE CELEBRATION


  On Wednesday, June 5, 2019, Bronx Borough President Ruben Diaz Jr. hosted the borough’s annual LGBTQ & Allies Pride Awards Ceremony.

Janet Weinberg was posthumously be awarded the 2019 John Wade Award, which honors LGBTQ individuals for excellence in government service.

This year’s honorees also included Fabio Cortez, Maria Rodriguez, Jahaira Gonzalez, and Hands in 4 Youth – GSA at P.S./M.S. 29 in Melrose.

"I'm honored to host this event year after year during Pride Month to reaffirm our solidarity with the LGBTQ community. We stand with our LGBTQ brothers and sisters as allies in working toward a more inclusive future for everyone. This evening we gathered the community to celebrate the tremendous progress that has been made so far, but we know that there is so much more to do on the path to full equality. I look forward to continuing to work with our LGBTQ community and their allies to make sure that our borough and our city are inclusive and welcoming to everyone," said Bronx Borough President Ruben Diaz Jr.













NYPD Counterterrorism Bureau Launching the Lavender Alliance, an LGBTQ Enhancement of the Shield Program





The New York Police Department held the first ever Pride Month Community Safety Briefing at One Police Plaza with LGBTQ community leaders, business owners, service providers, and advocacy groups. This LGBTQ Pride Month, New York City is hosting the Stonewall 50 Rally and WorldPride, an international event which promotes LGBTQ issues through parades, festivals, and other cultural activities, in conjunction with the annual Heritage of Pride march. An additional three to four million people are expected in New York City from June 22 through July 6 to attend this historic convergence of events.

“As New Yorkers, we’re honored to be the first American city to ever host World Pride. More than three million people from around the globe will be here to take part in this month-long celebration, and it is our job to keep every single one of them safe, and to make sure they feel safe, too – and nobody does that better than the NYPD,” said Police Commissioner James P. O'Neill

The NYPD will deploy officers to ensure safety and enjoyment throughout Pride Month. There will be both uniformed and plainclothes officers assigned to the details at each event. As always, the NYPD encourages anyone who may see something that appears to be suspicious to find a police officer, call 911, or call the terrorism tip line at 1-888-NYC-SAFE.

Lavender Alliance
During the security briefing, the Police Commissioner announced the launch of the Lavender Alliance, a new LGBTQ enhancement of the Shield program. The NYPD Shield program is an umbrella counterterrorism program for a series of current and future police department initiatives that pertain to private sector security and counterterrorism. This is a public-private partnership based on providing best practices, lessons learned, counterterrorism training opportunities, and information sharing. Shield seeks to partner with private sector security managers with the goal of protecting New York City. The Lavender Alliance is an optional group within the program for organizations that provide services to the LGBTQ community.

The goal of the Lavender Alliance is to establish a safe and comfortable setting for such organizations by fostering a constructive relationship with the NYPD to engage in the kind of information sharing that is Shield’s primary mission. Organizations that newly register for Shield membership will have the option to identify their establishment as an LGBTQ service provider; existing members can also request their organization join the Lavender Alliance. These members will receive the same benefits as Shield members as well as have the opportunity to participate in conferences and training sessions relevant to the LGBTQ community, often in non-police facilities.

Attorney General James Announces $65,000 Settlement With Online Retailer Bombas LLC Over Consumer Data Breach


 Attorney General Letitia James announced that Bombas LLC has agreed to pay $65,000 in penalties and implement a number of data security policies to resolve an investigation by the New York Attorney General’s Office into the breach of customer payment cards where the company failed to provide notice of the breach to 39,561 consumers for over three years. 

“New Yorkers deserve to shop with confidence and have faith that their personal information will be protected,” said Attorney General Letitia James. “This agreement will ensure better protection of New Yorkers’ personal information and notice of a breach in a timely manner. My office will continue our commitment to combat inadequate data security in New York.” 
On September 27, 2014, an unauthorized intruder(s) inserted malicious software code designed to steal payment card information into the Magento ecommerce platform code supporting Bombas’ website. While Bombas discovered the code on November 29, 2014, it did not remediate it until January 15, 2015. Additionally, the code was mistakenly reintroduced into the website by Bombas a few weeks later. The code was  permanently deleted on February 8, 2015. It was determined that the intruders  accessed customer information including names, addresses, and credit card information of 39,561 payment card holders– roughly 2,971 of whom were New Yorkers. 
Bombas LLC began notifying affected consumers in May 2018, more than three years after the company learned of the breach. Because Bombas did not notify the affected consumers and relevant New York agencies in an expedient time-period, and without unreasonable delay, it violated General Business Law §§ 899-aa. Bombas offered the potentially affected customers two years of free credit monitoring, fraud consultation, and identity theft restoration services through Kroll Inc., which is not required by law. 
In addition to the monetary settlement, Bombas LLC has agreed to a number of injunctive provisions aimed at preventing similar breaches in the future, including conducting thorough and expeditious investigations of any future data security breaches involving private information and conducting trainings for all appropriate officers, managers, and employees of their roles and responsibilities in ensuring that Bombas LLC investigates suspected data breaches and complies with GBL § 899-aa. 

Attorney General James And NYSP Superintendent Keith Corlett Announce Convictions Of Narcotics Trafficking Kingpins In "Operation Jailhouse Rock"


14 People Sentenced in Cocaine & Heroin Trafficking Ring that Spanned New York, Massachusetts, North Carolina, Florida and Puerto Rico; 20 Kilos of Cocaine & Heroin Seized   

   Attorney General Letitia James and New York State Police (NYSP) Superintendent Keith Corlett announced the sentence of 14 individuals for their roles in a narcotics trafficking operation that spanned New York, Massachusetts, North Carolina, Florida, and Puerto Rico. In the investigation, dubbed “Operation Jailhouse Rock,” police seized more than 20 kilograms of heroin and cocaine, including kilos that were sent through U.S. mail. The total street value of the narcotics seized in the bust was over $1.5 million at the time of the takedown. 

“New York will continue to use every tool at our disposal to take down those who traffic dangerous drugs throughout our state,” said Attorney General Letitia James. “These individuals engaged in a widespread operation to flood our streets with narcotics that are fueling the opioid crisis and claiming countless lives every day. We will prosecute these actions to the fullest extent of the law.” 
“We have zero tolerance for those who profit from the trafficking of these dangerous drugs with absolutely no regard to the damage they inflict on our communities," said State Police Acting Superintendent Keith M. Corlett. “I commend our members, the Attorney General’s Office, and all of our law enforcement partners for their efforts. This case was made possible only through the extensive collaboration between our agencies.”   
After a two-year investigation that lead to their indictment, the 14 convictions occurred over the past two years in Bronx County Supreme Court, before Justices Steven Barrett, Ralph Fabrizio, Barry Warhit, and James McCarty, who sentenced the 14 to a total of over 90 years in state prison. 
The indictment and guilty pleas detail a sophisticated distribution ring that moved cocaine and heroin from Puerto Rico, Florida, Massachusetts, and elsewhere to New York and other states, which was ultimately distributed across the eastern seaboard. Kilograms of cocaine were also sent through the mail hidden in boxing equipment and statues of Santa Maria destined for recipient locations in Brooklyn, Queens, and the Bronx. The heroin was transported and recovered in multiple states hidden in concealed compartments, also called "traps." 
One of the ringleaders directed the mailing of kilograms of narcotics via a contraband cellphone – that was later seized – while he served a ten-year federal drug trafficking sentence in Florida.  Another ringleader directed his part of the organization entirely from Puerto Rico – never setting foot in the Bronx, where four kilograms of cocaine he had sent to a co-conspirator were seized.  In Washington Heights, police seized nine kilograms of heroin from a third individual, who had just flown into the JFK Airport from Puerto Rico. 
Those convicted, their age, last known city of residence, and the state prison sentence each received, were:
Angel Melendez Orsini (38), Miami, FL (Federal Prison), 13½ years
Edwin Vega (42), Bronx, NY, 8 years + $50,000 forfeiture
Juan Rodriguez, a/k/a “Compadre” (53), Bronx, NY, 8 years + $3,807 forfeiture
Jan Santiago Garcia (40), San Juan, PR, 8 years
William Estrada (39), Bronx, NY, 7½ years + $7,490 forfeiture
Francisco Vega Vasquez, a/k/a “Mono” (54), Caguas, PR, 7 years
Mayolo Toxqui (39), Bronx, NY, 7 years
Ramon Amaro, a/k/a the “Boxing Gym Guy” (39), Bronx, NY, 6 years
Jamille Nelly Nieves (44), Carolina, PR, 6 years
Juan Javier Rivera (41), Winter Haven, FL, 5 years
Wilber Marquez Torres (33), Richmond Hill, NY, 4½ years
George Suggs (56), Bronx, NY, 4½ years
Francisco Vega Cancel (29), Cidra, PR, 4 years
Victor Holloway (56), Kinston, NC, 4 years

Attorney General James And DOI Commissioner Garnett Announce Guilty Plea Of Department Inspector Who Accepted Bribes From Asbestos Abatement Contractor


Defendant Accepted Cash Bribes in Exchange for Benefits to Contractor, Jeopardizing New Yorkers’ Health and Safety   

  New York Attorney General Letitia James and New York City Department of Investigation (DOI) Commissioner Margaret Garnett announced the guilty plea of Samuel Nebedum, 64, an Inspector with the New York City Department of Environmental Protection (DEP). Nebedum engaged in a long-term bribery relationship with an asbestos abatement contractor, wherein he accepted cash bribes, meals, and fish in exchange for providing various benefits to the contractor, including intentionally overlooking violations at the contractor’s worksites and the referral of additional abatement business. 

Nebedum pleaded guilty to charges of Bribe Receiving in the Second Degree, a Class C felony; Bribe Receiving in the Third Degree, a Class D felony; Offering a False Instrument for Filing in the First Degree, a Class E felony; and two counts of Official Misconduct, an A misdemeanor. Nebedum was sentenced to a conditional discharge, and must pay $15,000, $5,000 of which must be paid by July 15, 2019. The Court will determine the remaining pay schedule, to be paid to the New York City DEP.    
"By accepting bribes, Samuel Nebedum violated public trust and put the health and safety of New Yorkers at risk,” said Attorney General Letitia James. “New Yorkers deserve to be able to trust the integrity of their officials. My office will continue to hold accountable those who disregard the interests of the public in favor of financial gain.” 
“Today’s guilty plea sends the message that a City inspector, entrusted with safeguarding the public, will be held accountable and prosecuted when he trades in his integrity for bribes,” said DOI Commissioner Margaret Garnett.“This defendant is now a convicted felon who no longer works for the City. DOI will continue to work with its partners, in particular the state Attorney General, to expose and prosecute corruption in this City.”  
The joint Attorney General and DOI investigation revealed that this arrangement has allegedly gone on for over ten years and put the health and safety of workers and New York City residents at risk.  
According to the felony complaint filed in December 2018 at the Queens County Supreme Court, Nebedum had been an Inspector with the DEP since May 29, 1990, and during the course of his employment allegedly accepted over $10,000.00 in bribes from a contractor during that time. With his guilty plea, Nebedum admits to an agreement or understanding that his actions or decisions were influenced upon the receipt of the bribes.  As alleged in the complaint, Nebedum used his position as an Inspector to give advance notice prior to official DEP inspections taking place at this contractor’s jobsites, ignored asbestos removal violations at this contractor’s jobsites, and referred additional business to the contractor, which stemmed from his official jobsite visits, all in violation of DEP policy.  
The DEP is the primary City agency responsible for the regulation of the asbestos abatement industry. Proper abatement procedures involve requiring all workers at a jobsite to wear Personal Protective Equipment, which includes a protective mask and hazmat suit; wetting down all asbestos containing material (“ACM”) when removed, so as to prevent asbestos from becoming airborne; the setting up of a proper decontamination unit with proper air-monitoring equipment, to ensure the work area does not have air containing ACM escaping; and the dumping of materials containing ACM at designated disposal facilities. As set forth in the felony complaint, the Attorney General and DOI alleged that Nebedum ignored these regulations during the course of this bribery scheme, putting the health of many workers and City residents at risk for inhaling and ingesting asbestos. Asbestos is a naturally occurring mineral that is hazardous to human health and is known to cause a type of cancer known as mesothelioma.  
Attorney General James and DOI Commissioner Garnett would like to thank the New York City Department of Environmental Protection for their assistance during this investigation. Attorney General James and DOI Commissioner Garnett also would also like to thank the New York State Department of Environmental Conservation’s (DEC) Bureau of Environmental Crimes Investigation for their support.