Thursday, July 18, 2019

Joaquin “El Chapo” Guzman, Sinaloa Cartel Leader, Sentenced to Life in Prison Plus 30 Years


 Joaquin Archivaldo Guzman Loera, known by various aliases, including “El Chapo” and “El Rapido,” was sentenced today by U.S. District Judge Brian M. Cogan to a life term of imprisonment plus 30 years to run consecutive to the life sentence for being a principal leader of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy.  The Court also ordered Guzman Loera to pay $12.6 billion in forfeiture.
Guzman Loera was convicted by a federal jury on Feb. 12, 2019, following a three-month trial, of all 10 counts of the superseding indictment, including narcotics trafficking, using a firearm in furtherance of his drug crimes and participating in a money laundering conspiracy. 
The sentence was announced by Attorney General William P. Barr, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue for the Eastern District of New York (EDNY), U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida (SDFL), Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA), Director Christopher A. Wray of the FBI, Acting Secretary Kevin McAleenan of the U.S. Department of Homeland Security, Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement (ICE)’s Homeland Security Investigations (HSI), Acting U.S. Marshal Bryan T. Mullee of the Eastern District of New York, New York City Police Department (NYPD) Commissioner James P. O’Neill and New York State Police Superintendent Keith M. Corlett.
The evidence at trial established that Guzman Loera was a principal leader of the Sinaloa Cartel, a Mexico-based international drug trafficking organization responsible for importing and distributing more than a million kilograms of cocaine, marijuana, methamphetamine and heroin in the United States.  The evidence included testimony from 14 cooperating witnesses, including Sinaloa Cartel members Rey and Vicente Zambada, Miguel Martinez, Tirso Martinez, Damaso Lopez and Alex Cifuentes; narcotics seizures totaling over 130,000 kilograms of cocaine and heroin; weapons, including AK-47s and a rocket-propelled grenade launcher; ledgers; text messages; videos; photographs and intercepted recordings that detailed the drug trafficking activity of Guzman Loera and his co-conspirators over a 25-year period from January 1989 until December 2014.    
From the mid-1980s until his arrest in Mexico in 1993, Guzman Loera was a mid-level operative of the Sinaloa Cartel, earning a name for himself and the nickname “El Rapido” for how quickly he transported drugs from Mexico to the United States for the Colombian cartels.  After he escaped from a Mexican prison in 2001 by hiding in a laundry cart, Guzman Loera formed an alliance with fugitive co-defendant Ismael Zambada Garcia and, together, they became the preeminent leaders of the Sinaloa Cartel.  Guzman Loera enforced his will and maintained control of his drug empire through an army of lethal bodyguards and a sophisticated communications network.
The trial highlighted the methods Guzman Loera and his organization used to transport the cartel’s multi-ton shipments of narcotics into the United States, including fishing boats, submarines, carbon fiber airplanes, trains with secret compartments and transnational underground tunnels.  Once the narcotics were in the United States, they were sold to wholesale distributors in New York, Miami, Atlanta, Chicago, Arizona, Los Angeles and elsewhere.  Guzman Loera then used various methods to launder billions of dollars of drug proceeds, including bulk cash smuggling from the United States to Mexico, U.S.-based insurance companies, reloadable debit cards and numerous shell companies, including a juice company and a fish flour company.
Guzman Loera and his organization relied upon violence to maintain its power throughout the region and beyond.  Numerous co-conspirators testified that Guzman Loera directed his hitmen to kidnap, interrogate, torture and slaughter members of rival drug organizations, at times carrying out acts of violence himself.  As part of its arsenal, the Sinaloa Cartel had access to weapons, including grenades and a rocket-propelled grenade launcher.  Guzman Loera’s personal arsenal included a gold plated AK-47 and three diamond-encrusted .38 caliber handguns, one emblazoned with his initials, “JGL.” 
Guzman Loera and his organization also relied on a vast network of corrupt government officials and employees to protect and further the interests of the Sinaloa Cartel.  They included local law enforcement officers, prison guards, high-ranking members of the armed forces and elected office holders.  In exchange, the Cartel paid these individuals millions of dollars in bribes. 
“The long road that brought ‘El Chapo’ Guzman Loera to a United States courtroom is lined with drugs, death, and destruction, but ends today with justice,” said Assistant Attorney General Benczkowski.  “Thanks to the unflagging efforts of the Department of Justice and the law enforcement community over the past 25 years, this notorious leader of one of the largest drug trafficking organizations in the Western hemisphere, the Sinaloa Cartel, will spend the rest of his life behind bars.”
“Guzman Loera’s day of reckoning has finally come,” said EDNY U.S. Attorney Donoghue.  “Never again will he pour poison into our country, or make millions as innocent lives are lost.  We cannot undo the violence, misery and devastation inflicted on countless individuals and communities as result of his organization’s sale of tons of illegal drugs for more than two decades, but we can ensure that he spends every minute of every day in prison.  The same fate awaits those who would take his place.  I thank the brave members of law enforcement, here and abroad, for their tireless efforts that have finally secured justice in this case.”
“The life sentence imposed today is the only just result for someone who spent a lifetime spreading his poison throughout our country,” said SDFL U.S. Attorney Fajardo Orshan.  “The impact of keeping former Sinaloa Cartel leader Joaquin Guzman Loera behind bars, for the rest of his life, cannot be overstated: the world will now be shielded from his brutality.  Thanks to the unyielding efforts of this team, the public was finally able to see how Guzman Loera used any means necessary to control his ruthless empire, including kidnapping, corruption, torture, and murder.  Our U.S. Attorney’s Offices continue to stand shoulder to shoulder with our domestic and foreign law enforcement partners to protect our citizens from the scourge of illicit drugs.”
“This sentencing shows the world that no matter how protected or powerful you are, DEA will ensure that you face justice,” said DEA Acting Administrator Dhillon.  “This result would not have been possible without the dedication and determination of so many brave men and women of the DEA, who worked tirelessly to see the world’s most dangerous, prolific drug trafficker behind bars in the United States.  This is a huge victory for the rule of law, for thousands of current and retired DEA agents and analysts worldwide, and for all of our law enforcement partners here, in Mexico, and across the globe.”
“Today’s sentencing is the culmination of years of effort from numerous local, state, federal, and international partners,” said FBI Director Wray.  “It highlights the dedication and determination of men and women in law enforcement to bring one of the world’s most notorious drug traffickers to justice.  The FBI has no tolerance for those who endanger our communities and destroy lives through drugs and violence.  We’ll continue to work day and night to find and stop those who distribute illegal substances and commit unimaginable violence.”
“On behalf of the Department of Homeland Security, I want to express my gratitude to our HSI agents and diligent law enforcement partners for their work in this monumental conviction,” said Acting Secretary of Homeland Security McAleenan.  “This sentence will send a resounding message that transnational criminal organizations all over the world are being continuously investigated and their leaders will be brought to justice.”
“After a decade long investigation, Joaquin Archivaldo Guzman Loera’s reign over the Sinaloa Cartel is over,” said HSI Executive Associate Director Benner.  “Because of the initiative and expertise of HSI special agents in New York and Phoenix working together with our law enforcement partners, ‘El Chapo’ will no longer be able to inflict violence or traffic vast amounts of illegal drugs into our communities.”
“The U.S. Marshals Service was tasked with ensuring the integrity of the judicial process in this case,” said Acting U.S. Marshal Mullee.  “It was paramount that all participants in the case could operate without undue influence or fear in a secure environment, and we accomplished that.  On behalf of the U.S. Marshals Service in the Eastern District of New York, I would like to express my gratitude to all of our law enforcement partners who worked tirelessly in support of our mission, most notably, the incredibly talented men and women of the NYPD, The Federal Protective Service (FPS), The 24th Civil Support Team of the New York National Guard and the Federal Bureau of Prisons (BOP).”
“Let today’s sentencing show the world that Joaquin ‘El Chapo’ Guzman has not escaped the American justice system and, now, will finally be held accountable for his many years of criminal behavior,” said NYPD Commissioner O’Neill.  “I want to thank the members of the DEA, the FBI, the U.S. Marshals Service, HSI, the New York State Police and the NYPD detectives on the Drug Enforcement Task Force for their hard work on this investigation and trial.”
“With this sentencing, justice has been served,” said NYSP Superintendent Corlett.  “For two decades, this individual used extreme violence, bribes, and any means necessary to bring dangerous and deadly drugs into our country and state.  This sentence should serve as a reminder that no one is above the law. I applaud our partners in law enforcement for their tireless work on this case, bringing an end to the destruction this man, and this enterprise caused for decades.”
The government’s case is being prosecuted by Assistant U.S. Attorneys Gina Parlovecchio, Michael Robotti, Patricia Notopoulos and Hiral Mehta from the Eastern District of New York; Assistant U.S. Attorneys Adam Fels, Andrea Goldbarg and Lynn Kirkpatrick from the Southern District of Florida; and Trial Attorneys Amanda Liskamm, Anthony Nardozzi, Brett Reynolds and Michael Lang of the U.S. Department of Justice Criminal Division’s Narcotic and Dangerous Drug Section.
The case was investigated by the DEA, ICE HSI and the FBI, in cooperation with Mexican, Ecuadorian, Netherlands, Dominican and Colombian law enforcement authorities.  Substantial assistance was provided by the U.S. Attorneys’ Offices in the Northern District of Illinois, Western District of Texas, Southern District of New York, Southern District of California, District of New Hampshire, District of Arizona and Eastern District of Virginia.  The Department of Justice’s Office of International Affairs of the Criminal Division played an integral role in securing the extradition of Guzman Loera to the United States, in cooperation with authorities of the Mexican government, without which his prosecution would not have been possible. The Department of Justice’s Office of Enforcement Operations assisted with the use of critical investigative and prosecution tools, including wiretaps, Special Administrative Measures, and other sensitive investigative techniques that proved essential to facilitating Guzman’s capture and successful prosecution. The investigative efforts in this case were coordinated with the Department of Justice Special Operations Division, comprising agents, analysts and attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section; DEA New York; DEA Miami; FBI Washington Field Office; FBI New York Field Office; FBI Miami Field Office; HSI New York; HSI Nogales; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Marshals Service; IRS Criminal Investigation; U.S. Bureau of Prisons; NYPD and New York State Police.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies.  The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises. 

Governor Cuomo Signs Legislation to Raise Tobacco and E-Cigarette Sales Age from 18 to 21


Builds on Governor's Comprehensive Efforts to Combat Health Threats from Tobacco and E-Cigarette Products
Governor Cuomo: "By raising the smoking age from 18 to 21, we can stop cigarettes and e-cigarettes from getting into the hands of young people in the first place and prevent an entire generation of New Yorkers from forming costly and potentially deadly addictions."

 Governor Andrew M. Cuomo today signed legislation (S.2833/A.558) to raise the minimum sales age for tobacco and electronic cigarette products from 18 to 21. This legislation builds on the Governor's comprehensive efforts to combat health threats from tobacco and e-cigarette products. The bill will take effect 120 days after becoming law.

"New York is taking aggressive action to stamp out smoking among teens and children, but tobacco and e-cigarette use still persists thanks to irresponsible corporate marketing campaigns targeting young people," Governor Cuomo said. "By raising the smoking age from 18 to 21, we can stop cigarettes and e-cigarettes from getting into the hands of young people in the first place and prevent an entire generation of New Yorkers from forming costly and potentially deadly addictions."

Senate Majority Leader Andrea Stewart-Cousins said, "Tobacco use is harmful to New Yorkers and leads to cancer, major health problems, and death. Raising the age of purchase to 21 will help ensure fewer children start this deadly habit. I applaud Senator Diane Savino for sponsoring this legislation and working to help save New Yorkers from lifetimes of addiction and health problems."

Assembly Speaker Carl Heastie said, "The Assembly Majority is committed to protecting the health and well-being of New York State's youth. But too many kids are using addictive and dangerous cigarettes and e-cigarettes. Thanks to the hard work of bill sponsor Assemblymember Linda Rosenthal, this law will raise the legal age for tobacco products, keeping them out of our schools and helping improve the health, present and future, of our young people."

Senator Diane Savino said, "Thank you Governor Cuomo for signing this important piece of legislation today. As a former smoker, I know how addictive these products can be - but as a legislator, I know its good public policy to take every step to continue protecting our youth from these potentially dangerous products."

Wave Hill events August 1–8: SalsaFest!


  Sunset Wednesdays come to a close with SalsaFest on August 7, a lively evening of dancing and salsa with performers Chino Pons and Grupo Irék. But even as Sunset Wednesdays wind down for the year, Summer Evenings continue with Twilight in the Garden Thursdays. I am particularly looking forward to hearing the ambient soundscapes of Sonic Experiences. This new “soundscapes” series features experimental artists who bring their unique sounds to different areas of the grounds each week. Twilight in the Garden Thursdays also feature nature programs that will connect you to a darker side of Wave Hill. As the sun begins to set, let the sweet fragrances of night-blooming flowers lure you on a walk led by Wave Hill's horticultural experts. The following week, it’s all about bats—take a peek into the secret lives of these elusive creatures. 


Thu, August 1
Join a Wave Hill Garden Guide for a public tour of seasonal garden highlights. Free with admission to the grounds.
Meet at Perkins Visitor Center, 1PM

Thu, August 1
Ambient, experimental, New-Age sound pioneer Laraaji takes us on a listening journey to deeply relaxing and inspiring live sound realms, featuring the innovative sound of electric zither, soaring vocals and nature sounds. In the early 1970s, Laraaji’s music, life and career shifted after he started studying Eastern mysticism and took a zither he purchased in a pawn shop and converted it into an electric instrument. From there, his experimentations grew and by the late 1970s, Laraaji started busking with his new sound on the sidewalks of New York. Brian Eno discovered Laraaji in Washington Square Park and released “Ambient 3: Day of Radiance,” the third installment of Brian Eno’s Ambient Series. Today, Laraaji is a pioneer in composing works for meditation, deep listening and experimentalism. Free with admission to the grounds. Special evening admission to the grounds starts at 4PM. $12 general adult admission; $8 student and seniors 65+; $6 children ages six+. Purchase admission online by 4PM day of event and save $2. No guest passes or reciprocal admission accepted.
Glyndor Terrace, 7PM

Thu, August 1
Sunset casts its warm but fleeting glow and fragrant, night-blooming plants lure passers-by. Join Horticultural Interpreters Charles Day and Alison Filosa for a garden walk and experience Wave Hill’s gardens in a whole new way as day transitions into night. Twilight in the Garden event. This event is free with admission to the grounds. Special evening admission starts at 4PM. $12 general adult admission; $8 student and seniors 65+; $6 children ages six+. Purchase admission online by 4PM day of event and save $2. No guest passes or reciprocal admission accepted.
Meet at Perkins Visitor Center, 7:30‒8:30PM

Fri, August 2
Join a Wave Hill Garden Guide for a public tour of seasonal garden highlights. Free with admission to the grounds.
Meet at Perkins Visitor Center, 1PM

Sat, August 3
For thousands of years, we have identified landforms with specific human traits to help connect to the environment around us. Explore the visual language of cartography and abstraction to make multi-layered artworks with landforms that take on their own lives. Using recycled maps and printmaking, create individual collages, or join in a collaborative installation highlighting landforms near and dear to you. Free, and admission to the grounds is free until noon.
Wave Hill House, 10AM–1PM

Sat, August 3
Tour Glyndor Gallery with Wave Hill’s Curatorial Fellow or Gallery Greeter to get an insider’s view of current exhibitions. The exhibition Figuring the Floral features artists who employ flowers to explore representations of identity—constructing narratives on race, ethnicity, class, gender, sexual orientation, and aging. The exhibition includes paintings, collages, drawings, sculptures and an outdoor installation. In the Sunroom, Kate Bae’s immersive installation consists of flowers created from layers of acrylic paint. They drape from the ceiling into a wishing well. The landscape evokes the ecosystem of Mount Halla on South Korea’s Jeju Island, a holy symbol of the unification of South Korea and North Korea. In the Sun Porch, Riad Miah creates a multi-part installation of double-sided, oil and acrylic, rectangular paintings on Dura-Lar. He traces light throughout the calendar year to portray a sense of time, with each piece representing a single month. Free with admission to the grounds.
Glyndor Gallery, 2PM

Sun, August 4
For thousands of years, we have identified landforms with specific human traits to help connect to the environment around us. Explore the visual language of cartography and abstraction to make multi-layered artworks with landforms that take on their own lives. Using recycled maps and printmaking, create individual collages, or join in a collaborative installation highlighting landforms near and dear to you. Free with admission to the grounds.
Wave Hill House, 10AM–1PM

Sun, August 4
Join a Wave Hill Garden Guide for a public tour of seasonal garden highlights. Free with admission to the grounds.
Meet at Perkins Visitor Center, 2PM

Tue, August 6
Tour Glyndor Gallery with Wave Hill’s Curatorial Fellow or Gallery Greeter to get an insider’s view of current exhibitions. The exhibition Figuring the Floral features artists who employ flowers to explore representations of identity—constructing narratives on race, ethnicity, class, gender, sexual orientation, and aging. The exhibition includes paintings, collages, drawings, sculptures and an outdoor installation. In the Sunroom, Kate Bae’s immersive installation consists of flowers created from layers of acrylic paint. They drape from the ceiling into a wishing well. The landscape evokes the ecosystem of Mount Halla on South Korea’s Jeju Island, a holy symbol of the unification of South Korea and North Korea. In the Sun Porch, Riad Miah creates a multi-part installation of double-sided, oil and acrylic, rectangular paintings on Dura-Lar. He traces light throughout the calendar year to portray a sense of time, with each piece representing a single month. Free with admission to the grounds.
Glyndor Gallery, 2PM

Wed, August 7
Join a Wave Hill Garden Guide for a public tour of seasonal garden highlights. Free with admission to the grounds.
Meet at Perkins Visitor Center, 1PM

Wed, August 7
One of New York City’s quintessential Salsa groups, Chino Pons and Grupo Irék, launches SalsaFest at Wave Hill this summer. New York City by way of Miami and Cuba, Chino Pons has early roots as a Salsa musician, starting out as a band boy in Miami for Tropical Sound. After moving to New York and spending years in the salsa scene here, he formed Grupo Irék with Hensy Perez, Tosso Hettinger and Heriberto Valentin, and made his first recording as a bandleader with them in 2008. It was during this period that Grupo Irék became one of the best-known and most respected Salsa acts on the New York City circuit. Chino also began playing every year at the Vanidades Magazine anniversary party—previously honoring such classic entertainers as Gloria Estefan,Paquito de Rivera, Ruben Blades and Juan Luis Guerra. In 2013, Chino toured in Japan, playing at the Cuban Japan festival. Since then, he has built up quite a following among Japanese fans of Salsa music. Free with admission to the grounds. Special evening admission starts at 4PM. $12 general adult admission; $8 student and seniors 65+; $6 children ages six+. Purchase admission online by 4pm day of event and save $2. Free to Wave Hill Members and children under age six. No guest passes or reciprocal admission accepted.
On the Grounds, 7PM

Thu, August 8
Join a Wave Hill Garden Guide for a public tour of seasonal garden highlights. Free with admission to the grounds.
Meet at Perkins Visitor Center, 1PM

Thu, August 8
Global Stereotype is a sonic journey of Outernational music. Multi-instrumentalist with a global headset  DJLightbolt mashes up sounds from both hemispheres and all manner of contemporary fusion. Based in NYC, he's performed for the art world at Exit Art, The Bronx Museum, Smack Mellon, for Performa at Museo del Barrio, Third Streaming, Bronx ArtSpace, NYFA, BRAC and on the Kennedy Center Millennium Stage, in Washington, DC. He has also presided over NYC nightlife at various, venues including Shrine, The Frying Pan, Kush, Santos Party House, and BeautyBar. Free with admission to the grounds. Special evening admission to the grounds starts at 4PM. $12 general adult admission; $8 student and seniors 65+; $6 children ages six+. Purchase admission online by 4PM day of event and save $2. Free to Wave Hill Members and children under age six. No guest passes or reciprocal admission accepted.
Kate French Terrace, 7PM

Thu, August 8
Rewind and experience twilight in August. Explore the garden through a customized nature program or experience the gardens through sound. Tonight, join bat expert Kaitlyn Parkins and the New York City Bat Group for a peek at the secret life of bats that live in and migrate through the Bronx. Begin with an indoor presentation on the diversity of urban bats and their importance to our ecosystem, then venture out onto the grounds to search for bats at Wave Hill using a bat-detector. Don’t forget your flashlight. Ages 10 and older welcome with an adult. Rain date: August 29. Check wavehill.org for shuttle service and for The Café menu on this Thursday evening. The Café will be open till 7:30PM. $40; Wave Hill Members save 10%. Registration required, online or at the Perkins Visitor Center. Twilight in the Garden event.
Wave Hill House, 7:30-9:30PM

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

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

ADMISSION – $10 adults, $6 students and seniors 65+, $4 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

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

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm
  
DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

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

Partnerships for Parks - Get Involved with Your Park, Bronx Parks Connections


Bronx Parks Connections

Join us for our annual Bronx Parks Connections event to mix and mingle with community leaders, hear from NYC Parks staff, and get the latest resources from community organizations. Meet your outreach coordinator, enjoy networking over a free lunch, and get plugged into the community of dedicated volunteers in the Bronx. 

At this workshop, we will discuss:
  • The latest resources and staff here to support you
  • Tips on effective outreach and communications 
  • Ways your park group can highlight the history & culture of your neighborhood 
  • Inspiring stories from community leaders in the Bronx 

Featured speakers: To be announced. 

Saturday, August 24, 2019
11:00 am - 2:00 pm
Hostos Center for the Arts & Culture 
450 Grand Concourse, Bronx, NY 10451
REGISTER

Former New York City Human Resources Administration Employee And Two Others Sentenced For Their Roles In Scheme Involving Theft Of Hundreds Of Thousands In HRA Funds


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ELIANA BAUTA, GERALDINE PEREZ, and ERIC GONZALES have been sentenced for their involvement in a scheme to steal over $300,000 in funds from the New York City Human Resources Administration (“HRA”).  BAUTA, who perpetrated the offenses in her capacity as an HRA employee, was sentenced today by U.S. District Judge Valerie E. Caproni to two years in prison.  PEREZ was previously sentenced by Judge Caproni to nine months in prison.  GONZALES was previously sentenced by Judge Caproni to two years of probation. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “The defendants have now been convicted of stealing money that was intended to be used to help some of New York’s neediest residents.  As this prosecution makes clear, we are committed to rooting out those who would abuse the public trust and to ensuring that funds from public programs go to their intended recipients, not the pockets of unscrupulous employees and their co-conspirators.”
According to the Complaint, the Indictment, and statements made in court proceedings:                 
HRA is an agency of the City of New York responsible for administering the majority of the City’s public assistance programs.  Among other things, HRA provides temporary, emergency cash assistance to individuals and families with social service and economic needs to assist them in reaching self-sufficiency.  The emergency assistance is funded by the federal government as well as by New York State and the City.
Since 2015, the New York City Department of Investigation ("DOI") has been investigating two related schemes in which an HRA employee – BAUTA – defrauded HRA and the City by using her position to commit public assistance fraud.  BAUTA worked as a Job Opportunity Specialist for HRA from approximately January 2008 to on or about May 23, 2018.  As a Job Opportunity Specialist, BAUTA was at various points responsible for interviewing benefits applicants, compiling and submitting applicants’ paperwork, and disbursing applicants’ benefits.
In the first of the two schemes, BAUTA caused the fraudulent issuance of emergency benefits funds to relatives and acquaintances, including GERALDINE PEREZ and ERIC GONZALES, among others, who in truth and in fact did not qualify for those funds.  For example, BAUTA altered a police report submitted by an actual HRA client by changing the name of the victim to a family member’s name, and then entered the doctored report into HRA systems in support of a request for benefits to be issued to that family member.  On another occasion, BAUTA submitted a request for emergency benefits to be issued to an individual after an alleged disaster, but no such disaster had occurred.  Both PEREZ and GONZALEZ were knowing recipients of such fraudulently issued funds and shared the proceeds with BAUTA.
In the second scheme, BAUTA obtained access to and misappropriated emergency benefits checks issued to actual HRA clients.  Instead of providing the checks to the legitimate clients in need of emergency funding, BAUTA gave them to PEREZ and GONZALES, among other of BAUTA’s relatives and associates, who deposited the checks in their own bank accounts and withdrew the funds, and then shared the proceeds with BAUTA.  In total, the two schemes resulted in losses to HRA of at least $309,000 in public funds.
In addition to obtaining stolen HRA checks into her bank account and the bank accounts of family members, PEREZ also deposited or caused to be deposited into these same accounts improperly obtained United States Treasury checks that were issued to other individuals as tax refunds.  In total, 23 such checks worth more than $91,000 were deposited into bank accounts of PEREZ and her family members and associates.  PEREZ then split the proceeds with a tax preparer who assisted in the scheme.
In addition to the prison term, BAUTA, 36, of the Bronx, New York, was sentenced to three years of supervised release, and was ordered to forfeit $256,348.46 and to pay $312,408.60 in restitution. 
PEREZ, 61, of the Bronx, New York, was sentenced by Judge Caproni on June 11, 2019, to nine months in prison and three years of supervised release (including six months of home detention), and was ordered to forfeit $233,259.34 and to pay $233,259.34 in restitution. 
GONZALES, 27, of the Bronx, New York, was sentenced by Judge Caproni on June 20, 2019, to two years of probation (including 150 hours per year of community service), and was ordered to forfeit $998.33 and to pay $37,767.64 in restitution.
Mr. Berman praised the investigative work of DOI and the Internal Revenue Service.  

Manhattan U.S. Attorney Announces Extradition Of Iranian National And Unsealing Of Charges Against Two Other Men For Exporting Carbon Fiber From The United States To Iran


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John C. Demers, the Assistant Attorney General for National Security, John Brown, Assistant Director of the FBI’s Counterintelligence Division, and William F. Sweeney Jr., the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the extradition of BEHZAD POURGHANNAD and the unsealing today of a three-count indictment charging POURGHANNAD, ALI REZA SHOKRI, and FARZIN FARIDMANESH with exporting carbon fiber from the United States to Iran.  POURGHANNAD, an Iranian national, was arrested on those charges on May 3, 2017, in Germany and was extradited to the U.S.  POURGHANNAD arrived in the Southern District of New York yesterday, and was presented today in White Plains federal court before U.S. Magistrate Judge Judith C. McCarthy.  SHOKRI and FARIDMANESH remain at large.

U.S. Attorney Geoffrey Berman stated:  “Carbon fiber has many aerospace and defense applications, and is strictly controlled to ensure that it doesn’t fall into the wrong hands.  Pourghannad and his co-defendants allegedly went to great lengths to circumvent these controls and the United States’ export laws.  Together with our law enforcement partners, we will continue to protect our nation’s assets and protect our national security.”
Assistant Attorney General John Demers said: “Pourghannad is alleged to have sought to procure for Iran large amounts of carbon fiber — a commodity that can be used in the enrichment of uranium.  U.S. sanctions exist to prevent behavior, like this, which endangers our country, and the Department is committed to vigorously enforcing them.  Pourghannad and others who would attempt to thwart these laws need to know that their actions, which benefit Iran’s destabilizing efforts and make Americans less safe, will not go unpunished.”
Assistant Director John Brown of the FBI’s Counterintelligence Division said:  “This case shows the FBI aggressively pursues those who allegedly break the law and violate sanctions against Iran.  Iran remains determined to acquire U.S. technology with military applications, and the FBI is just as determined to stop such illegal activity.  The charges against these three Iranian nationals, and the extradition of Mr. Pourghannad, demonstrate we take Iran's actions extremely seriously and will work with our partners to defeat them.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “Iran’s continued pursuit of technology and materials to advance its nuclear program remains a threat to the US and the rest of the world.  The FBI New York and SDNY will continue to pursue these illicit proliferation activities, and bring the full investigative and law enforcement capabilities of the U.S. to bear on those who would help Iran advance its dangerous agenda.  If you aid Iran in its efforts, you will be held accountable.”
According to the allegations contained in the Indictment, unsealed in White Plains federal court[1]:
Between 2008 and July 2013, POURGHANNAD, SHOKRI, and FARIDMANESH lived and worked in Iran.  During that period, they worked together to obtain carbon fiber from the U.S. and surreptitiously export it to Iran via third countries.  In particular, SHOKRI worked to procure many tons of carbon fiber from the U.S.; POURGHANNAD agreed to serve as the financial guarantor for large carbon fiber transactions; and FARIDMANESH agreed to serve as the trans-shipper.  Carbon fiber has a wide variety of uses, including in missiles, aerospace engineering, and gas centrifuges that enrich uranium. 
In late 2007 and early 2008, SHOKRI and a Turkey-based co-conspirator (“CC-2”) successfully arranged for the illegal export and trans-shipment of carbon fiber from the U.S. to an Iranian company associated with SHOKRI (“Iranian Company-1”).  Specifically, CC-2 contacted a U.S. supplier of carbon fiber, who in turn enlisted a third individual (“Individual-1”) for assistance with the transaction.  Through Individual-1, CC-2 purchased carbon fiber from the U.S. supplier and arranged for the shipment of the carbon fiber from the U.S., through Europe and Dubai, United Arab Emirates, to Iranian Company-1, operated by SHOKRI, in Iran.
In May 2009, POURGHANNAD and SHOKRI attempted to arrange another illegal purchase and trans-shipment of carbon fiber from the U.S. to Iran.  Specifically, Individual-1 returned a signed contract to POURGHANNAD for SHOKRI’s purchase of a large quantity of carbon fiber.  Individual-1 then purchased the carbon fiber from a U.S. supplier and arranged for the carbon fiber to be exported from the U.S. to a third country (“Country-1”), en route to Iran.  Country-1 authorities, however, interdicted the carbon fiber shipment before it could be trans-shipped to Iran.
In 2013, POURGHANNAD, SHOKRI, and FARIDMANESH again attempted to illegally procure and export carbon fiber from the U.S. to Iran.  In the 2013 transaction, SHOKRI and POURGHANNAD negotiated with Individual-1 for the purchase and trans-shipment to Iran of more than 5 tons of carbon fiber.  FARIDMANESH and POURGHANNAD further agreed with Individual-1 that the carbon fiber would be trans-shipped from the U.S. to Iran through Tbilisi, Georgia, with FARIDMANESH to serve as the trans-shipper.  FARIDMANESH specifically instructed Individual-1 to change the shipping labels on the carbon fiber to reference “acrylic” or “polyester,” rather than “carbon fiber.”  POURGHANNAD provided Individual-1 with the bank guarantee that was to serve as surety for a portion of the carbon fiber.  In June 2013, Individual-1 informed POURGHANNAD, SHOKRI, and FARIDMANESH that the carbon fiber would soon be shipped from Manhattan and that Individual-1 would replace the carbon fiber labels with shipping labels referencing “acrylic” to evade U.S. export controls.
No one involved in these transactions obtained permission from the U.S. Department of Treasury, Office of Foreign Assets Control, to export the carbon fiber from the U.S. 
POURGHANNAD, 65, SHOKRI, 61, and FARIDMANESH, 48, all of whom are Iranian citizens, are each charged with one count of conspiracy to violate the International Emergency Economic Powers Act (“IEEPA”), which carries a maximum sentence of 20 years in prison, and two counts of violation and attempted violation of IEEPA, each of which also carries a maximum sentence of 20 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, and thanked the New York Field Office of the U.S. Department of Commerce, the U.S. Department of Justice’s National Security Division and Office of International Affairs, the U.S. Marshals Service, Homeland Security Investigations, and Immigration and Customs Enforcement for their assistance.  Mr. Berman also thanked German law enforcement for their assistance in the arrest and apprehension of POURGHANNAD.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
 [1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.

Lloyd Kidd Convicted In Manhattan Federal Court Of Sex Trafficking And Child Pornography Production Offenses


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that a federal jury yesterday found LLOYD KIDD, a/k/a “Chris Kidd,” a/k/a “Gerard Agard,” a/k/a “Red,” guilty of sex trafficking of a minor and enticement of a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, following a six-day jury trial before U.S. District Judge Victor Marrero.

Manhattan U.S. Attorney Geoffrey Berman said:  “Lloyd Kidd has rightly been convicted of the shameless and exploitive victimization of an underage girl.  Kidd preyed on a particularly vulnerable victim, recruiting a minor residing at a foster care facility.  He now awaits sentencing for his appalling crimes.”
According to the allegations contained in the Indictment and evidence presented during the trial in Manhattan federal court:
From at least in or about spring 2015 through at least February 2017, KIDD engaged in sex trafficking of a minor and enticement of a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.  The defendant recruited, enticed, harbored, transported, provided, obtained, and maintained a minor victim (“Victim-1”) for the purpose of commercial sex.
The defendant recruited Victim-1 when she was living in a foster care facility in New York, New York.  The defendant used Backpage.com to post advertisements of Victim-1 for commercial sex, and then directed Victim-1 to meet customers to engage in commercial sex out of his apartment in Brooklyn, New York.  
In addition, the defendant produced sexually explicit images and a video recording of Victim-1 performing sexually explicit activities, which constituted child pornography.  The defendant used at least one of the sexually explicit images of Victim-1 to advertise her for commercial sex.    
This prosecution is part of an ongoing investigation that, including KIDD, has charged 19 defendants, set forth in eight indictments, for the sex trafficking of at least 13 minor girls and young adults in New York State’s social services system. 
KIDD, 28, of Brooklyn, New York, was convicted of one count of sex trafficking of a minor, which carries a mandatory minimum sentence of 10 years in prison and a statutory maximum sentence of life in prison, and one count of enticement of a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, which carries a mandatory minimum sentence of 15 years and a statutory maximum sentence of 30 years.  The mandatory minimum sentences and maximum potential sentences are prescribed by Congress and are provided for informational purposes only, as any sentencing of the defendant will be determined by the judge. 
KIDD will be sentenced by Judge Marrero on November 1, 2019. 
Any individuals who believe that they have information that may be relevant to this investigation should contact the Federal Bureau of Investigation (“FBI”) at 1-212-384-1000 or https://tips.fbi.gov/.
Mr. Berman thanked the FBI and the New York City Police Department for their outstanding work in this matter and, in particular, the New York Child Exploitation and Human Trafficking Task Force.

Attorney General James Files Lawsuit Against IRS


 Attorney General Letitia James filed a lawsuit against the Internal Revenue Service (IRS), along with New Jersey, and Connecticut, that argued against the new IRS Rule that would prevent residents from obtaining charitable deductions for contributions to local governments.

“The IRS’s move to end tax benefits for charitable giving is yet another attempt by the Trump Administration to unfairly target the hardworking taxpayers of states like New York,” said Attorney General Letitia James. “We will not stand idly by as this Administration throws out decades of historic precedent putting our local economies, education systems, and other critical public programs at risk. My office stands firm against this unlawful attack, and will do everything in our power to ensure that state taxpayers are protected.”
Filed in the U.S. District Court for the Southern District of New York, the lawsuit seeks to strike down a new IRS rule that would prevent residents from obtaining a full federal charitable deduction whenever they contribute to local governments and other qualifying institutions and receive tax credits in return.
The federal government began targeting states like New York, New Jersey, and Connecticut two years ago when it enacted a 2017 tax overhaul that placed, for the first time, a $10,000 cap on the federal deduction for state and local taxes (SALT). The SALT cap disproportionately harmed taxpayers in New York, New Jersey, and Connecticut.
At the time, U.S. Treasury Secretary Steven Mnuchin — named as a defendant in today’s lawsuit — confirmed that the SALT deduction cap was intended to “send a message” to states like New York that they would need to change their tax policies.
At least 33 states have developed over 100 charitable contributions programs that provide a state or local tax benefit in return for a charitable contribution to a qualifying entity under Section 170(c) of the Internal Revenue Code.
These programs incentivize individuals to donate to causes ranging from natural resource preservation and aid for higher education to domestic violence shelters. The IRS consistently treated charitable contributions made pursuant to these programs as fully deductible under federal tax law.
But when New York, New Jersey, and Connecticut decided to establish such programs, the IRS changed its mind, and issued a new rule aimed at nullifying the tax benefit New York was making available to charitable givers. The Final Rule requires taxpayers to subtract the value of any state and local tax credits they receive for charitable giving from their federal charitable contribution deduction.
The requirement is unprecedented in the 101-year history of the charitable deduction, and flies in the face of prior IRS policy statements and tax court rulings on the issue.
This lawsuit, led by New York and New Jersey, describes IRS’s action as a “radical break” from historic precedent, and describes the rule as “arbitrary,” outside the agency’s statutory authority, and a violation of the federal Administrative Procedures Act.