Two Men Charged With Bronx Murder

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an indictment charging RALPH BERRY and FRANK LOPEZ with the murder of Caprice Jones in the vicinity of 751 East 161 Street, Bronx, New York.  BERRY was arrested on Friday in Bethlehem, Pennsylvania, and was presented before U.S. Magistrate Judge Henry S. Perkin.  LOPEZ was arrested on Friday in Plano, Texas, and was taken into federal custody on Monday.  He will be presented tomorrow before U.S. Magistrate Judge Christine A. Nowak.  The case is assigned to U.S. District Judge Alison J. Nathan.  

U.S. Attorney Geoffrey S. Berman said:  “Many years have passed since Caprice Jones was murdered, but the detectives of the NYPD continued investigating, working to see that justice would be done.  Now, thanks to their extraordinary efforts, in partnership with the Special Agents of our Office, Ralph Berry and Frank Lopez face federal murder charges.”

As alleged in the Indictment[[1]] unsealed today in Manhattan federal court:

On June 21, 2000, BERRY handed LOPEZ a gun and LOPEZ fired shots in the vicinity of 751 East 161st Street in the Bronx, New York.  The shooting was in furtherance of a conspiracy to distribute crack cocaine.  Jones was hit during the shooting, and ultimately died from his wounds in 2010 at the age of 42.

BERRY, 52, and LOPEZ, 43, are each charged with murder through use of a firearm, which carries a maximum penalty of death or life in prison and a mandatory minimum sentence of five years in prison, and murder in connection with a drug trafficking crime, which carries a maximum penalty of death or life in prison and a mandatory minimum sentence of 20 years in prison.  

The maximum potential sentence in this case is prescribed by Congress and is provided here for information purposes only, as any sentencing of the defendants will be determined by the judge.

 Mr. Berman praised the outstanding work of the NYPD and the Special Agents of the United States Attorney’s Office for the Southern District of New York.  He also thanked the United States Marshals Service and the Plano Police Department for their assistance with the arrests.

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 description of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation.

Jermaine Myrie, a/k/a “Rapp,” Sentenced To Over 11 Years In Federal Prison For Sex Trafficking Of A Minor

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JERMAINE MYRIE was sentenced today to 135 months in prison for sex trafficking of a minor female.  MYRIE was sentenced by U.S. District Judge Kimba M. Wood, before whom he previously pled guilty to one count of conspiracy to engage in sex trafficking of a minor.  As part of his plea, MYRIE acknowledged that he trafficked a minor female.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Jermaine Myrie previously admitted to unconscionable conduct involving the exploitation of a minor girl who had resided in New York State’s social services system.  Today’s lengthy prison term exemplifies the seriousness of Myrie’s crimes against his vulnerable minor victim.  We will continue to advocate for the victims of these crimes and urge anyone who might have information that may be relevant to this investigation to contact the FBI at 1-212-384-1000 or https://tips.fbi.gov.”

According to the allegations contained in the Indictment and other court documents filed in Manhattan federal court:

From at least in or about January 2016 to in or about April 2016, JERMAINE MYRIE, a/k/a “Rapp,” the defendant, participated in a conspiracy to engage in sex trafficking and sexual exploitation of one minor victim (“Minor Victim-1”).  The defendant recruited, enticed, harbored, transported, provided, obtained, and maintained Minor Victim-1 for the purpose of commercial sex.  Prior to being trafficked by MYRIE, Minor Victim-1 previously resided at a residential treatment facility located in Westchester County, which provided housing for at-risk troubled children and adolescents on behalf of department of social services for certain counties in New York State.

The defendant recruited Minor Victim-1 to engage in commercial sex by conveying that he was romantically interested in her.  Subsequently, the defendant used the website Backpage.com, an online classifieds website, to post advertisements of Minor Victim-1 for commercial sex.  MYRIE directed Minor Victim-1 to engage in commercial sex in particular locations in the Bronx, New York.  The defendant used physical violence with Minor Victim-1, including to discourage Minor Victim-1 from working directly for any other pimps.  

In addition to his prison sentence, MYRIE, 35, was sentenced to five years of supervised release.

MYRIE is the second defendant to be sentenced in this case by Judge Wood for his participation in the sex trafficking of minors. 

• Reuben Sands, who pled guilty to conspiracy to violate the Travel Act, was sentenced on December 18, 2019, to a term of 60 months in prison.

            This case is part of an ongoing prosecution of 19 defendants, set forth in eight indictments, for the sex trafficking of at least 20 minor girls and young adults in New York State’s social services system.  All 19 of the defendants have been convicted, either via guilty plea or following trial.  In addition to MYRIE and Sands, three other defendants have also been recently sentenced:

• Christopher Bullock, who pled guilty to conspiracy to violate the Travel Act, was sentenced by U.S. District Judge Jesse M. Furman on December 6, 2019, to 54 months in prison. 
• Cimmie Wright, who pled guilty to conspiracy to violate the Travel Act, was sentenced by U.S. District Judge John F. Keenan on January 15, 2020, to 51 months in prison. 
• Dariel Braham, who pled guilty to conspiracy to violate the Travel Act, was sentenced by Judge Furman on January 29, 2020, to 48 months in prison.  

Any individuals who believe that they have information that may be relevant to this investigation should contact the FBI at 1-212-384-1000 or https://tips.fbi.gov.

Mr. Berman thanked the FBI and the NYPD for their outstanding work in this matter and, in particular, the New York Child Exploitation and Human Trafficking Task Force.

Former President Of Labor Union Sentenced To 2 Years In Prison For Demanding And Accepting Bribes

$150,000 in Bribes Demanded from an Employer in Exchange for Not Representing Union Members’ Interests

 Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that GLENN BLICHT, the former president of a labor union (the “Union”), was sentenced to 24 months in prison for violating the Taft-Hartley Act by demanding and accepting approximately $150,000 in bribe payments from an employer (the “Employer”).  In exchange for these bribes, BLICHT did not represent Union members’ interests.  BLICHT previously pled guilty before United States District Judge Analisa Torres, who also imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As the president of a labor union, Glenn Blicht’s duty was to fight for his union members.  Instead, he repeatedly sold them out in exchange for cash bribes, which he spent on luxury items.  For this betrayal, he has been sentenced to federal prison.”

According to the allegations in the Indictment to which BLICHT pled guilty, public court filings, and statements made in court:

From 2009 through 2019, BLICHT served as an officer of the Union, including as its president for many years.  In that role, BLICHT had a duty to act in the best interests of the Union and its members, including by avoiding personal financial conflicts of interest with the Union.  Nevertheless, BLICHT demanded and received cash payments from the Employer, which employed a number of members of the Union.  For instance, on July 26, 2019, BLICHT received a $10,000 cash bribe from an official of the Employer at a restaurant in New York, New York; BLICHT was arrested outside this restaurant, in possession of the $10,000 bribe.

In exchange for these bribes, BLICHT repeatedly declined to represent Union members’ interests, such as declining to pursue arbitration claims on their behalf.  In total, BLICHT received approximately $150,000 in bribes from the Employer over about 10 years. 

BLICHT used the monies he received to purchase luxury items, such as designer watches, custom clothing, tickets to sporting events, meals at expensive restaurants, and cigars.

In addition to his prison term, BLICHT, 57, of Wilton, Connecticut, was ordered to serve two years of supervised release.  BLICHT was also ordered to forfeit $150,000 in criminal proceeds.  Under the terms of his plea agreement, BLICHT has also agreed to a 13-year ban, which generally prohibits him from, among other things, being employed by a labor union or employee benefit plan, pursuant to 29 U.S.C. §§ 504 and 1111.

Mr. Berman praised the Department of Labor’s Office of Inspector General and Employee Benefits Security Administration, the Internal Revenue Service, Criminal Investigation Division, and the Federal Bureau of Investigation for their outstanding work on the investigation.  Mr. Berman also thanked the Department of Justice’s Labor-Management Racketeering Unit of the Organized Crime and Gang Section for its assistance in this case.

NEW JERSEY MAN INDICTED FOR MURDER IN RANDOM STABBING OF BRONX MAN IN UNIVERSITY HEIGHTS

 Bronx District Attorney Darcel D. Clark today announced that a New Jersey man has been indicted on Murder and Manslaughter in the death of a 20-year-old Bronx man. 

  District Attorney Clark said, “During an unprovoked attack, the defendant stabbed the victim in the chest, leaving him brain dead. The victim’s family made the tortuous decision to remove this 20-year-old man from life support. We will pursue justice for the heartbroken family and friends of the victim.” 

  District Attorney Clark said the defendant, Edwin Portes, 19, of Elizabeth, N.J., was arraigned today on second-degree Murder and first-degree Manslaughter before Bronx Supreme Court Justice George Villegas. The defendant was remanded and is due back in court on April 21, 2020.

 According to the investigation, at approximately 2:30 a.m. on December 21, 2019 the victim, Giovanny Pimentel, 20, was at 2170 University Avenue hanging out with friends. The defendant allegedly approached with a knife and lunged at the victim, stabbing him once in the chest. The defendant also lunged at another individual but missed. Pimentel was declared brain dead on December 22, 2020 at St. Barnabas Hospital and was taken off life support six days later. The defendant fled to New Jersey and was arrested on January 10, 2020.

 District Attorney Clark thanked NYPD Detectives Rafael Guzman and William Seligson of the 46th Precinct Squad, and Police Officer Jacqueline Saturnino of the Elizabeth, N.J. Police Department for their assistance in the case. 

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

An update on AOC’s opponents:

Just yesterday, we learned that yet another person jumped into the race to defeat AOC — bringing the grand total to 13 opponents.

Last quarter, they raised nearly $650,000. We believe they could raise even more this quarter. This is money that will be funneled into attack ads, negative mailers, and brazen lies about AOC and our movement. But you can help us fight back.

Here’s the logic: Keeping AOC focused on the issues in Congress is critically important. We want her fighting for a Green New Deal, not batting down brazen lies by corporate Democrats or Republicans on the campaign trail.

If we can match what these opponents have raised in just a month, then we’ll be ready to defend ourselves against most of what they throw our way. Then, we can keep AOC fighting for progressive legislation on Capitol Hill and electing progressive allies across the country.

We knew that the establishment and corporate special interests would try to strike back. But our progressive movement is stronger than they could ever imagine. We’re ready for this.

In solidarity,

Team AOC

OcasioCortez.com - New Hampshire Primary

According to the latest national poll, Bernie Sanders is in the lead to WIN the Democratic nomination for President. This movement has incredible momentum.

As we speak, voters are casting their ballots in New Hampshire. If Bernie can pull off a strong victory there, we’ll be in great shape to win this whole race.

Now that Bernie is leading, special interests are going to turbo-charge his opponents to try and buy their way into the lead.

That means new attack ads, negative mailers, and more. Bernie needs our help to make sure we can win this fight for social, racial, economic, and environmental justice.

This is our time. We’re not waiting for another one.

Team AOC

Attorney General James Files Lawsuit Against Trump Administration Over Assault On New York Travelers

Suits Seek to Block Trump Administration from Banning Global Entry for New York Residents

  New York Attorney General Letitia James filed a lawsuit against the Trump Administration over a new federal policy that prohibits New Yorkers from enrolling or reenrolling in the federal government’s Trusted Traveler Programs (TTP). The suit — specifically filed against the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and the two agencies’ acting-leaders — argues that the policy change was made as a result of an arbitrary process that poses a threat to New Yorkers’ safety and the state’s economy, directly harms hundreds of thousands of individual residents, and interferes with New York’s rights as a sovereign state.

“New Yorkers will not be held hostage by an Administration intent on restraining the sovereign rights of states, while it simultaneously enacts discriminatory policies across the country,” said Attorney General James. “Today, we are filing a lawsuit to stop the president and his Administration from punishing New York for passing its own laws. The Trump Administration’s new policy not only negatively impacts travelers, workers, commerce, and our economy, but it jeopardizes public safety. No one should ever use our nation’s security as a political weapon, let alone the commander-in-chief.”

"We will not compromise our values nor back down when the federal government continues to unfairly and illegally target New York," said Governor Andrew M. Cuomo. "There are more than a dozen states – including red states – with similar laws, but President Trump and his enablers are once again taking their aim at New York’s economy in a way that not only inconveniences travelers, but also creates very real security issues. Make no mistake we are fighting back and will be using every tool available to us to do so.”

Despite the federal government’s ability to gather the information they need from New Yorkers who wish to sign up for a Trusted Traveler Program, last week, President Trump singled out New York in his State of the Union address for implementing its own state policies. The next day, Acting DHS Secretary Wolf issued a statement that likewise criticized New York’s policy choices. On February 5, DHS sent a letter to the New York State Department of Motor Vehicles stating that DHS would single out and target New York residents by no longer enrolling or reenrolling them in a number of Trusted Traveler Programs, including Global Entry, SENTRI (Secure Electronic Network for Travelers Rapid Inspection), NEXUS, and FAST (Free and Secure Trade). DHS used New York’s Green Light law as justification, despite the fact that 13 other states and the District of Columbia have also passed similar laws allowing undocumented immigrants to obtain driver licenses.

In the lawsuit filed today, Attorney General James highlights that the Trump Administration’s new policy specifically defies the Intelligence Reform and Terrorism Prevention Act of 2004, which — under a Congressional mandate and recommendations from the bipartisan 9/11 Commission — calls on DHS to establish an international registered traveler program for use by all states and territories of the United States. The decision to solely halt New York’s participation in this program profoundly jeopardizes public safety for New Yorkers and all travelers. Further, Attorney General James argues that this new policy is a punitive measure intended to single out New York and coerce the state into changing its policies to compel conformity with preferred federal policies.

Not only does this policy affect public safety, but it specifically harms New York’s economy and commerce, as well as individual travelers. As fewer New Yorkers enroll and reenroll in TTPs, consequences will ripple throughout the state. Congested lines at New York’s airports — the top three of which served more than 138 million passengers in 2018 — and other border crossings will strain resources and undermine safety for all travelers. New York’s economy will suffer as wait times at border crossings increase, employers doing global business will be placed at a competitive disadvantage, and residents who rely on cross-border travel will lose access to these programs. 

DHS’ decision immediately affects tens of thousands of New Yorkers and will impact hundreds of thousands of state residents within a year:

• 50,000 individuals have been conditionally approved for Global Entry, but have not yet completed their interview and thus will be "cut off” from completing their applications.
• 30,000 additional New York residents are currently pending the vetting process for Global Entry and will be prevented from moving forward with their applications. 
• Another 175,000 New Yorkers, whose Global Entry memberships expire this year, will not be permitted to re-enroll in the program.
• Researchers estimate that reducing wait time at John F. Kennedy Airport alone could save millions of dollars in lost time.

Further, economists have estimated that border delays on the U.S./Canada border have already cost American businesses billions of dollars each year and resulted in tens of thousands of jobs lost, making the president’s decision even more harmful to New Yorkers — especially those in Western New York. In fact, New Yorkers seeking to commute across New York’s land borders with Canada — specifically those in Western New York — will be severely harmed by the Trump Administration’s new policy:

• 30,000 drivers in the FAST program will lose access to the automated system.
• Drivers in the NEXUS program — which, in Western New York alone, services 6,500 trips across the Peace Bridge, the Whirlpool Bridge, the Lewiston-Queenston Bridge, and the Rainbow Bridge each day — would be severely handicapped.
• 25-percent of auto traffic utilizing the Peace Bridge relies on the NEXUS program and 60-percent of truck drivers utilize the FAST program.
• A car driven by a non-NEXUS driver typically takes four times longer to move across the Peace Bridge than a car driven by a NEXUS driver.

Additionally, DHS has stated that the exportation of used vehicles titled and registered in New York State could be delayed and could be costlier under its new policy.

In the suit, Attorney General James argues that DHS and CBP’s policy specifically violates the equal protection guarantee of the Fifth Amendment, the Tenth Amendment’s guarantee of equal sovereignty among the states, the Tenth Amendment’s prohibition on coercive federal action, and the Administrative Procedure Act.

In addition to New York’s suit, the New York Civil Liberties Union (NYCLU) also today filed a federal lawsuit against DHS and CBP. The NYCLU’s case is brought on behalf of a class of the millions of New York residents who now have been barred from applying to enroll or reenroll in Global Entry, including tens of thousands of residents whose applications were pending at the time of the ban. Like New York, the NYCLU contends the Trump Administration’s actions violate the Administrative Procedure Act and the Tenth Amendment of the United States Constitution.

“This is a political attack meant to punish New Yorkers for passing common-sense laws that fly in the face of Trump’s war on immigrant communities,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “Tampering with New Yorkers’ access to travel is reckless but it’s not surprising. It’s exactly what we should expect from a president who will do anything to punish people who stand in the way of his cruel agenda.”

The federal government’s decision to impose this new policy stems from a fight about New York’s Green Light law. Last year, New York Governor Andrew Cuomo signed the Green Light bill into law, which allows undocumented immigrants to apply for driver licenses. The Green Light law was designed to make New York roads safer, provide a boost to the state’s economy, and allow immigrants to come out of the shadows. Already, two separate federal courts have dismissed meritless lawsuits against the law. To ensure that those residents newly eligible for driver’s licenses under the Green Light law come forward to apply for them, the law bars the release of applicants’ personal information to federal immigration authorities, except as required by law.

New York residents who are already active TTP participants will not have Global Entry participation or participation in any of the other programs revoked. While DHS has said TSA Pre✓ will not be affected at this time, the agency has not ruled out further action in the future.

Statement from New York City Comptroller Scott M. Stringer on the Mayor’s Revised Housing Plan

 “Our City is battling a full-blown affordability crisis, and the City’s housing plan has left tens of thousands of New Yorkers behind with housing that is not truly affordable.  I have long called for the City to refocus our resources on building housing for the New Yorkers with the greatest need—families in shelters or who are one paycheck away from homelessness. I commend this step in the right direction, but the massive scale of our housing crisis demands we do more. 565,000 New York households pay over half of their income in rent, are severely overcrowded, or have been in a homeless shelter for over a year. All of them deserve safe, affordable housing, and it’s our responsibility to upend the status quo, break through existing policy paradigms, and build the housing New Yorkers need – finally.”

Comptroller Stringer recently unveiled a plan to build truly affordable housing citywide and tackle our affordability crisis. To learn more about the Comptroller’s proposal, click here.