Bronx Man Charged With 2011 Murder

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an Indictment charging RANDY MARTINEZ, a/k/a “Rampage,” with the October 17, 2011, murder of Davon Jackson.  MARTINEZ was presented today before U.S. Magistrate Judge Stewart D. Aaron.  This case is assigned to U.S. District Judge Naomi Reice Buchwald.   

U.S. Attorney Geoffrey S. Berman said: “As alleged in the Indictment, Randy Martinez exchanged gunfire with members of a rival gang, during which 16-year-old Davon Jackson was shot in the head and killed.  On the eight-year anniversary of Jackson’s death, the defendant now faces prosecution for this terrible crime, thanks to the persistence of our partners at the NYPD.”

NYPD Commissioner James P. O’Neill stated:  “Today’s indictment comes eight years to the day after a 16-year-old was struck by gunfire and killed in the Bronx.  The NYPD will never tolerate gangs and the violence that they are too often responsible for.  I thank the detectives and our law enforcement partners for their tireless work in this case.”

According to the allegations in the Indictment unsealed in Manhattan federal court[1]: 

MARTINEZ was a member of the Young Gunnaz, a violent gang operating in the Bronx, New York, that engaged in narcotics trafficking and acts of violence, including murder and attempted murder.  On October 17, 2011, MARTINEZ exchanged gunfire with members of a rival gang in the vicinity of 146th Street and Third Avenue in the Bronx, New York, during which Davon Jackson, 16, was shot in the head and killed. 

Martinez, 28, of the Bronx, New York, is charged with one count of murder in aid of racketeering, which carries a maximum sentence of life in prison or death, and a mandatory minimum sentence of life in prison, and one count of using a firearm to commit murder in furtherance of a crime of violence and aiding and abetting the same, which carries a maximum sentence of life in prison or death, and a mandatory minimum sentence of five years in prison.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Berman praised the outstanding investigative work of the NYPD.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

U.S. Attorney Announces Multiple Charges Against Bronx Tax Preparer

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jonathan D. Larsen, Special Agent in Charge of the New York Office of the Internal Revenue Service, Criminal Investigation Division (“IRS-CI”), announced today the arrest of LORENZO ALMANZAR for preparing fraudulent tax returns containing more than $400,000 in fraudulent deductions and making false statements to federal agents.  ALMANZAR was presented in Manhattan federal court today before U.S. Magistrate Judge Stewart D. Aaron. 

U.S. Attorney Geoffrey S. Berman said:  “As alleged, Lorenzo Almanzar used his accounting skills to bilk the government of thousands of dollars.  Almanzar now faces 30 counts of criminal tax charges, and the possibility of time behind bars.”

IRS-CI New York Special Agent in Charge Jonathan D. Larsen said:  “Well-intentioned taxpayers can be victimized by tax return preparers who mislead people into taking credits or deductions they aren’t entitled to in order to increase their fee or burnish their reputation.  As Almanzar learned today when he was arrested, there are serious consequences for allegedly defrauding his clients.  IRS-CI special agents are committed to identifying and prosecuting unscrupulous tax return preparers.”

According to the allegations in the Complaint unsealed in Manhattan federal court[1]:

From 2014 through 2017, ALMANZAR owned and operated a business called Future International Corp. (“Future”) in the Bronx, New York, which purported to offer tax preparation services.  As alleged in the Complaint, ALMANZAR prepared fraudulent returns that fabricated and falsely overstated various items, including, among other things, medical expenses, charitable expenses, and unreimbursed employee business expenses.  Additionally, ALMANZAR made false statements to federal agents during the course of their investigation into those fraudulent returns.

ALMANZAR prepared multiple fraudulent tax returns containing more than $400,000 in fraudulent deductions, which resulted in a tax loss of at least $57,000.

ALMANZAR, 63, of White Plains, New York, is charged with 30 counts of aiding and assisting the preparation of false and fraudulent tax returns, each of which carries a maximum sentence of three years in prison, and one count of making false statements to federal agents, which carries a maximum sentence of five 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 a judge.

Mr. Berman praised the outstanding investigative work of Special Agents from IRS-CI.  The prosecution of this case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorney Jarrod L. Schaeffer is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty. 

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the descriptions of the Complaint constitute only allegations, and every fact described should be treated as an allegation.

Police-involved Shooting in the 52 Precinct, Bronx October 17, 2019

 Remarks as Prepared for Chief of Department Terence Monahan

Good evening. With me tonight is the Chief of Patrol Rodney Harrison, Assistant Chief Larry Nikunen, the Commanding Officer of Patrol Borough Bronx, and Deputy Inspector Thomas Alps, Commanding Officer of the 52nd Precinct.

Before I provide a briefing, I want to remind everyone that the information I am about to provide is preliminary and is subject to change as we are only a few hours into the investigation.

Earlier this afternoon in the Bronx, at approximately 3 pm, three officers in uniform, in a marked police vehicle, assigned to the 52 Precinct, observed an SUV occupied by two individuals traveling in the area of Bainbridge Avenue, approaching East 211 Street with the driver of the vehicle not wearing a seatbelt.

At this time, the officers turned on their police emergency lights and initiated a car stop. After turning right onto East 211 Street the vehicle stopped for the officers. Two police officers approached the car on the driver's side and a sergeant approached the vehicle on the passenger side. Using their department smartphones, the officers determined that the driver of the vehicle had three open warrants. The officers then directed the man to exit the vehicle so he could be placed under arrest.

As the officers attempted to arrest him outside the vehicle, the man physically resisted and got back into the car.

While both front doors of the car were still open, the male initiated a violent struggle. The sergeant immediately deployed his taser for multiple cycles. While it appeared to be a successful deployment it failed to end the struggle.

During the struggle, the man shifted the car into drive, moving the car forward and backwards, with the sergeant still inside the vehicle.

When the car was put in reverse, the officer on the driver's side had to release his grip on the male and jump out of the way to avoid getting struck by the car. The driver's door then quickly closed.

This violent struggle between the male and the officers lasted approximately one and a half minutes before the shot was fired.

At this time the sergeant fired one round from his service weapon striking the male in the chest. The officers then began to render aid.

The male was pronounced deceased at Saint Barnabas Hospital.

The passenger, who was in the vehicle during the encounter, was unharmed.

All three officers were taken to a local hospital for evaluation.

This incident occurred less than three hours ago and the investigation is ongoing. What we can tell you at this time is the male was found with a substantial amount of narcotics consisting of what appears to be cocaine, heroin and molly on him.

Johnson & Johnson And Subsidiary To Pay $117 Million Settlement After Endangering Women's Health

Consumers Misled About Safety, Effectiveness, and Potential Risks of Transvaginal Mesh Devices

 New York Attorney General Letitia James today announced a multistate settlement, along with 41 additional attorneys general, requiring Johnson & Johnson and its subsidiary Ethicon, Inc. to pay nearly $117 million for the deceptive marketing of transvaginal surgical mesh devices that endangered the health of women across New York and the rest of the nation. A multistate investigation found the companies violated state consumer protection laws by misrepresenting the safety and effectiveness of the devices and failing to sufficiently disclose risks associated with their use.

“Health and safety must come before profits,” Attorney General James said. “While Johnson & Johnson and its subsidiary were putting income before the health of people in need of care, women were put in danger. My office will never waver in its efforts to hold companies accountable for risking the health of its consumers.”

Transvaginal surgical mesh is a synthetic material that is surgically implanted through the vagina to support the pelvic organs of women who suffer from stress urinary incontinence or pelvic organ prolapse. 

The multistate investigation found the companies misrepresented or failed to adequately disclose the products’ possible side effects, including the risk of chronic pain and inflammation, mesh erosion through the vagina, incontinence developing after surgery, painful sexual relations, and vaginal scarring. Evidence shows that Johnson & Johnson and its subsidiary were aware of the possibility for serious medical complications but did not provide sufficient warnings to consumers or surgeons who implanted the devices.

Under the settlement, Johnson & Johnson has agreed to pay $116.86 million to the 41 participating states and the District of Columbia. New York State will receive $5,203,122.50 under the settlement.

The settlement also provides injunctive relief, requiring full disclosure of the device’s risks and accurate information on promotional material, in addition to the product’s “information for use” package inserts.

Among the specific requirements, the companies must:

• Refrain from referring to the mesh as “FDA approved,” when that is not the case.
• Refrain from representing, in promotions, that risks associated with mesh can be eliminated with surgical experience or technique alone.
• Ensure that product training provided to medical professionals covers the risks associated with the mesh.
• Stop claiming: that surgical mesh stretches or remains soft after implantation, that foreign body reactions are temporary, and that foreign body reactions “may” occur, when studies show that they do, in fact, occur.
• Disclose that mesh risks include: fistula formation and inflammation, as well as mesh extrusion, exposure, and erosion into the vagina and other organs.
• Disclose risks of: tissue contraction, pain with intercourse, loss of sexual function, urge incontinence, de novo incontinence, infection following transvaginal implantation, and vaginal scarring.
• Disclose that risks include that revision surgeries: may be necessary to treat complications, may not resolve complications, and are also associated with a risk of adverse reactions.

Joining Attorney General James in this multistate settlement are the attorneys general of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Wisconsin, and the District of Columbia.

Attorney General James Announces Sentencing Of Former Hospital Employee For Stealing Over $500,000

  New York Attorney General Letitia James announced the state prison sentence of Wendell Lewis, 32, of Brooklyn, NY, for stealing over $500,000 from two hospital systems: Interfaith Medical Center, a Brooklyn-based not-for-profit community hospital that recently came out of bankruptcy, and New York-Presbyterian Brooklyn Methodist Hospital. Earlier today, the Honorable Danny Chun of Brooklyn Supreme Court sentenced Lewis to two-and-one-half years to five years in prison following Lewis’ August 7^th guilty pleas to Grand Larceny in the Third Degree, a class D felony, and Identity Theft in the First Degree, a class E felony. 

“It is unconscionable that an individual would steal from hospitals that serve such an important and necessary role in the Central Brooklyn community,” said Attorney General James. “My office will continue to hold fraudsters accountable for stealing from institutions serving our most vulnerable citizens because this behavior will never be tolerated.”

The investigation conducted by the Office of the New York Attorney General identified that Lewis — while working in the payroll department of the two hospitals between 2015 and 2018 — engaged in a scheme to fraudulently direct monies from the hospitals to bank accounts he set-up using the personal identification of other persons. In 2012, Lewis was convicted of Grand Larceny in the Third Degree for committing similar conduct when he worked in the payroll department at Kingsbrook Jewish Medical Center, which is also located in Brooklyn. 

Between 2015 and 2018, Lewis allegedly used 14 fraudulent bank accounts in the names of other persons to steal over $500,000 from the hospitals. After the transfer of the stolen monies to Lewis’ controlled bank accounts, Lewis used the debit cards associated with those accounts to withdraw over $546,000 in cash from ATM machines throughout New York City. 

A review of Lewis’ personal bank accounts revealed that he used the stolen monies, in part, to live a lavish lifestyle, including taking multiple trips to the Caribbean; going on shopping sprees at high end stores like Barney’s, Zara, Burberry, and Gucci; and dining at some of New York City’s premier restaurants.

As part of the defendant’s sentence, Lewis forfeited over $129,000 that was seized by the Office of the New York Attorney General and executed a confession judgement for $325,000.

The Office of the New York Attorney General wishes to thank the State Department of Financial Services (DFS) for their assistance with this matter.

“Today, justice was done and although this can never undo the damage inflicted on these communities, we continue to stand ready to assist our hard-working law enforcement partners in holding accountable those who exploit our vulnerable communities or use our financial systems to commit crimes,” added DFS Superintendent of Financial Services Linda A. Lacewell.

The Office of the New York Attorney General also thanks DFS Investigator Albert Flowers for his assistance in the matter.

BRONX MAN AND WOMAN INDICTED FOR KIDNAPPING AND BEATING MAN IN BODEGA BASEMENT

Defendants Allegedly Kept Man Captive for Three Days; Possessed Multiple Weapons

  Bronx District Attorney Darcel D. Clark today announced that a man and a woman have been indicted on Kidnapping, Robbery, Assault and additional charges for beating and holding a man hostage in a Bronx bodega. 

  District Attorney Clark said, “The defendants allegedly took part in a series of atrocious acts. They kept a man in a basement against his will in handcuffs for days and inflicted injuries on him, at times with a knife and a heavy object. Luckily the victim was found by NYPD Police Officers who were on patrol in the area.” 

 District Attorney Clark said the defendants, Orinthia Gifford, 49, and Richard Millwood, 35, both of 4160 Digney Avenue, were arraigned on six counts of first-degree Kidnapping, two counts of second-degree Kidnapping, first-degree Unlawful Imprisonment, three counts of second-degree Assault, two counts of second-degree Robbery, third-degree Robbery, fourthdegree Grand Larceny and six counts of fourth-degree Criminal Possession of a Weapon. Gifford was arraigned today before Bronx Supreme Court Justice Miriam Best. Millwood was arraigned on October 8, 2019. Bail was continued at $75,000 cash/$75,000 bond for Gifford and $250,000 cash/$250,000 bond for Millwood. The defendants are due back in court on December 11, 2019.

 According to the investigation, on the evening of September 7, 2019 the victim, Ansumana Sesay, 49, was on White Plains Road when Millwood and two unapprehended individuals allegedly put him in a vehicle and took him to a bodega located at 1724 Bussing Avenue, which is owned by Gifford. Once inside Gifford allegedly hit Sesay in the head with an unknown heavy object and ordered the three other men to take the victim to the basement. They allegedly held Sesay against his will in the basement between September 7, 2019 and September 10, 2019. The victim and the defendants are known to each other.

 According to the investigation, on September 10, 2019, police officers were pursuing an individual wanted in an unrelated case and the individual ran into the bodega where Sesay was being held. The officers received consent to enter the store and searched the basement, where they discovered Sesay with visible injuries.

 The defendants allegedly possessed several weapons, including a rifle, a 9-mm firearm, a knife, a machete, an unknown heavy object and a lighter. They also had personal property allegedly stolen from the victim, including his cell phone and cash.

 District Attorney Clark thanked Bronx DA Chief of Detective Investigators Frank Chiara, and Bronx DA Supervising Detective Investigator Rocco Galasso, Bronx DA Senior Investigator John Wall, and Detective Investigator Anai Tamarez. District Attorney Clark also thanked NYPD Detective Valerie Guzman and NYPD Police Officer Austin Hieronymi, both of the 47th Precinct, for their assistance in the investigation.

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

BRONX MAN INDICTED IN STABBING OF WOMAN WHOSE BODY WAS FOUND BADLY DECOMPOSED IN UNIVERSITY HEIGHTS APARTMENT

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for Murder and Manslaughter in the fatal stabbing of his girlfriend. 

 District Attorney Clark said, “The defendant allegedly stabbed the victim, his girlfriend, in the apartment they shared. First responders discovered the victim’s body severely decomposed in the bedroom.” 

 District Attorney Clark said the defendant, Luis Severino, 49, of 2414 University Avenue, was arraigned today on second-degree Murder and first-degree Manslaughter before Bronx Supreme Court Justice Robert Torres. The defendant was returned to Federal Custody where he is held on an unrelated matter and is due back in court on October 30, 2019.

 According to the investigation, on or about and between June 13, 2019 and July 12, 2019, the defendant caused the death of Cindi Olivo, 32, by stabbing her in the neck. The defendant fled the scene, and the victim’s body was found on July 12, 2019 after neighbors called 911 to report a foul odor on their building floor. 

 The defendant was arrested on October 15, 2019 after an investigation.

 District Attorney Clark thanked NYPD Detective Anthony Velez of the Bronx Homicide Squad and NYPD Detective Anthony Caltabiano of the 52nd Precinct for their assistance in the investigation.

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

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: Rikers Island Vote & Borough-based Jail System

  "The de Blasio administration has weaponized the land use process in a manner designed to steamroll any opposition to their plans to build a new Bronx jail on the wrong site—the Mott Haven tow yard.

 

"Without a doubt, Rikers Island must be closed. I am glad that this long-awaited outcome will finally be moving forward in a meaningful way following today’s City Council vote. On the other hand, I remain troubled by the precedent set in making such a monumental urban planning decision by lumping all four sites into one ULURP process.

 

"The closure should have been handled in the right way, with elected officials and stakeholders in all four boroughs having substantial input to ensure that future generations do not suffer from the consequences of poor planning and political expediency. I want to thank those elected officials and borough activists, especially New York City Council Land Use Chair Rafael Salamanca and the residents of the Diego Beekman Houses, who have understood throughout this process that the city has selected the wrong site in The Bronx and have worked to open the eyes of the administration to select a more appropriate site for this jail.

 

"Throughout this process I have been advocating to build the new jail Bronx adjacent to the existing Bronx Hall of Justice. With our citywide inmate population at a historical low, the Mayor’s Office has already admitted that the size of these jails can be reduced, which further validates that the Bronx jail could be moved to its proper location next to the court system, like the other boroughs.

 

"I sincerely hope that the city’s failure to engage with the community on site selection for such a major infrastructure project will not adversely impact this borough for decades to come," said Bronx Borough President Ruben Diaz Jr.