U.S. Attorney Announces Extradition Of Two Defendants In Multimillion-Dollar Text Messaging Consumer Fraud Scheme

 

Indictment Alleges Scheme to Fraudulently Charge Hundreds of Thousands of Mobile Phone Customers for Text Messaging Services Without Their Knowledge or Consent

 Audrey Strauss, the United States Attorney for the Southern District of New York, Ramsey E. Covington, the Acting Special Agent-in-Charge of the Boston Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that MICHAEL PEARSE, an Australian national, and YONGCHAO LIU, a/k/a “Kevin Liu,” a Chinese national, were extradited from Australia and arrived in the United States yesterday.  PEARSE and LIU were extradited on charges of conspiracy to commit wire fraud, wire fraud, aggravated identity theft, and, as to PEARSE, conspiracy to commit money laundering, stemming from the defendants’ participation in a scheme to charge mobile phone customers millions of dollars in monthly fees for unsolicited, recurring text messages about topics such as horoscopes, celebrity gossip, and trivia facts, without the customers’ knowledge or consent – a practice that the defendants and their co-conspirators referred to as “auto-subscribing.”  The portion of the fraudulent scheme that PEARSE, LIU, and their co-conspirators orchestrated generated more than $50 million in proceeds for themselves.  PEARSE and LIU will be presented and arraigned today before U.S. Magistrate Judge Debra Freeman.  The case has been assigned to U.S. District Judge Analisa Torres.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Michael Pearse and Yongchao Liu played key roles in an international consumer fraud conspiracy that victimized hundreds of thousands of mobile phone customers to the tune of more than $50 million.  Thanks to IRS Criminal Investigation and the FBI, as well as our international partners, Pearse and Liu are now in the United States and facing serious charges in this District.”

IRS-CI Acting Special Agent in Charge Ramsey E. Covington said:  “Through a sophisticated text messaging scam, the defendants and their co-conspirators allegedly swindled more than $50 million in proceeds from hundreds of thousands of unwitting mobile customers.  Yesterday’s extraditions continue the pathway to justice for the staggering number of victims and financial losses accumulated as a result of this alleged scheme.  I applaud the collective efforts of the law enforcement agencies whose collaboration and coordination made the extraditions possible.”

FBI Assistant Director William F. Sweeney Jr. said:  “Pearse and Liu will finally face the consequences for the text messaging scheme they were charged with more than five years ago. Their extradition is a reminder that being out of our sight and out of our reach are two different things.”           

According to allegations in the Indictment[1], evidence presented at the trial of co-conspirator Darcy Wedd, and other public filings:

From in or about 2011 through in or about 2013, PEARSE, LIU, and their co-conspirators engaged in a multimillion-dollar scheme to defraud consumers by placing unauthorized charges for premium text messaging services on consumers’ cellular phone bills, through a practice known as auto-subscribing.

During the relevant time period, Lin Miao, a co-conspirator of PEARSE and LIU, operated a company called Tatto, which offered premium text messaging services – such as monthly horoscopes, celebrity gossip, and trivia facts – to mobile phone customers.  PEARSE and LIU worked for a company called Bullroarer, which was affiliated with Tatto.  PEARSE was the CEO of Bullroarer and LIU was a Java development engineer for Bullroarer.  Co-conspirator Darcy Wedd operated Mobile Messenger, a U.S. aggregation company in the mobile phone industry that served as a middleman between content providers such as Tatto and mobile phone carriers, and was responsible for assembling monthly charges incurred by a particular mobile phone customer for premium text messaging services and placing those charges on that customer’s cellular phone bill.

To carry out the scheme, co-conspirators at Tatto purchased large numbers of mobile phone numbers from co-conspirators at Mobile Messenger, who had access to those numbers by virtue of their employment.  PEARSE, LIU, and their co-conspirators then worked to have unsolicited text messages sent to these and other mobile phone numbers and to enroll those customers in premium text messaging services without their knowledge or consent.  PEARSE, LIU, and their co-conspirators also took steps to conceal the fraud scheme by making it appear as if the customers had, in fact, elected to purchase the text messaging services, when in truth they had not.

The consumers who received the unsolicited text messages typically ignored or deleted the messages, often believing them to be spam.  Regardless, the consumers were billed for the receipt of the messages, at a rate of $9.99 per month, through charges that typically appeared on the consumers’ cellular telephone bills in an abbreviated and confusing form, e.g., with billing descriptors such as “96633IQ16CALL8668611606” and “25184USBFIQMIG.”  The $9.99 charge recurred each month unless and until consumers noticed the charges and took action to unsubscribe.  Even then, consumers’ attempts to dispute the charges and obtain refunds from Tatto, Bullroarer, or other corporate affiliates of Tatto were often unsuccessful. 

After obtaining proceeds of the fraud scheme, PEARSE worked with other co-conspirators to launder the proceeds.  PEARSE and his co-conspirators distributed the proceeds of the fraud scheme among themselves and others involved in the scheme by, among other things, causing funds to be transferred through the bank accounts of a series of shell companies and companies held in the names of third parties.  This was done in order to conceal the nature and source of the payments and PEARSE’s and his co-conspirators’ participation in the fraud.

Through their successful orchestration of this fraud scheme, which affected hundreds of thousands of consumers, PEARSE, LIU, and their co-conspirators generated more than $50 million in fraud proceeds for themselves.

PEARSE, 52, and LIU, 33, are each charged with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. §§ 1343 and 1349, which carries a maximum penalty of 20 years in prison; one count of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, which also carries a maximum penalty of 20 years in prison; and one count of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A and 2, which carries a mandatory sentence of two years in prison, consecutive to any other sentence imposed.  In addition, PEARSE is charged with one count of conspiracy to commit money laundering, in violation of 18 U.S.C. §§ 1956(a)(1)(B)(i), 1957, and 1956(h), which 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.

Ms. Strauss praised the outstanding investigative work of IRS-CI and the FBI.  In addition, Ms. Strauss thanked law enforcement partners in Australia, particularly the International Crime Cooperation Central Authority, Australian Federal Police, and the New South Wales Police Force, as well as the U.S. Department of Justice’s Office of International Affairs, for their support and assistance with the defendants’ extraditions. 

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Jilan Kamal and Olga Zverovich are in charge of the prosecution. 

The charges 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 and charges set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Governor Cuomo Updates New Yorkers On State Vaccination Program - JANUARY 26, 2021

 

As of 11AM today, New York's Health Care Distribution Sites Have Administered 93% of First Doses Received from Federal Government

Vaccine Dashboard Will Update Daily to Provide Updates on the State's Vaccine Program; Go to ny.gov/vaccinetracker

 Governor Andrew M. Cuomo today updated New Yorkers on the state's vaccination program. As of 11:00 AM today, New York's health care distribution sites have received 1,304,050 first doses and already administered 93 percent or 1,210,339 first dose vaccinations and 74 percent of first and second doses. Delivery of the week 7 allocation from the federal government will not begin arriving until the middle of this week.

"We know the vaccine is the weapon that ends the war. That's why New York has built a vast infrastructure of providers and pop-up sites to get shots in arms quickly and fairly on a massive scale. The only problem - we don't have nearly enough supply," Governor Cuomo said. "This isn't just a New York problem, it's happening across the country. The previous administration opened up the floodgates of eligibility and instead of increasing supply, they actually decreased it. We have the demand and the infrastructure in place to easily administer over 100,000 vaccinations per day, but our hands are tied - we need more supply!"

New York's vast distribution network and large population of eligible individuals far exceed the vaccine supply coming from the federal government. While the federal government has increased eligibility for the vaccine to include 7 million New Yorkers, the federal supply of vaccines has actually decreased. Due to limited supply, New Yorkers are encouraged to remain patient and are advised not to show up at vaccination sites without an appointment.

Vaccination program numbers are for doses distributed and delivered to New York for the state's vaccination program, and do not include those reserved for the federal government's Long Term Care Facility program. A breakdown of the data based on numbers reported to New York State as of 11:00 AM today is as follows:

STATEWIDE BREAKDOWN

• First Doses Received - 1,304,050
• First Doses Administered - 1,210,339; 93%
• Second Doses Received - 564,600
• Second Doses Administered - 166,640

To date, New York's health care distribution sites have administered 93 percent of first doses received from the federal government but due to the federal government's limited allocation, appointments have filled up quickly. New Yorkers seeking to determine eligibility and schedule an appointment at a state-run mass vaccination site, can visit the 'Am I Eligible' website. New Yorkers may also call their local health department, pharmacy, doctor or hospital for additional information and to schedule appointments where vaccines are available.

The COVID-19 Vaccine Tracker Dashboard is available to update New Yorkers on the distribution of the COVID-19 vaccine. The New York State Department of Health requires vaccinating facilities to report all COVID-19 vaccine administration data within 24 hours; the vaccine administration data on the dashboard is updated daily to reflect the most up-to-date metrics in the state's vaccination effort.

Yesterday, the Governor announced the launch of a new hotline focused on vaccine-related fraud. New Yorkers who suspect fraud in the vaccine distribution process can now call 833-VAX-SCAM (833-829-7226) toll-free or email the state Department of Health at STOPVAXFRAUD@health.ny.gov. Hotline staff will route complaints to the appropriate investigative agencies to ensure New Yorkers are not being taken advantage of as the State works to vaccinate the entire eligible population.

City’s Fast Electric Vehicle Chargers to Power Fleet Vehicles in a Fraction of the Time

 

In Addition to Supporting Greenest Municipal Vehicle Fleet in the Country, Some Chargers Now Open for Public Use

New York City Department of Citywide Administrative Services (DCAS) Commissioner Lisette Camilo today announced that the City has opened 58 fast electric vehicle charging stations to power City fleet vehicles. Fast electric vehicle chargers can charge vehicles seven times as quickly as regular chargers – allowing for 120 miles of driving on a one-hour charge. Faster charging will enable DCAS to phase out more gas-powered vehicles and replace them with electric vehicles to help meet Mayor Bill de Blasio’s goal of a fully-electric vehicle fleet by 2040. The City currently has over 2,700 electric vehicles in its fleet. By the end of the year, the City expects to have at least 100 fast charging stations in operation. In addition to the fast chargers’ use for City fleet vehicles, DCAS has opened two charging stations for public use: three fast chargers are available at Randalls Island and two at Midland Beach. At least five stations will be available for public use by June 2021. “The City of New York is building the greenest municipal vehicle fleet in the country and will have an all-electric fleet by 2040,” said Lisette Camilo, Commissioner of the NYC Department of Citywide Administrative Services. “As more gas-powered vehicles are replaced with electric vehicles, we will now be able to charge them faster than ever before.”   The City began implementing fast electric vehicle chargers as part of its NYC Clean Fleet Initiative in 2019. The achievement announced today brings the City one step closer to its goal of cutting fleet emissions in half by 2025. DCAS is in the process of bidding additional electric vehicle contracts for fleet vehicles used in government operations, including electric garbage trucks for the Department of Parks and Recreation, electric vans, and electric pickup trucks. These new units will rely on the fast charging network. In addition to environmental benefits, electric vehicles save money on vehicle maintenance and fueling costs.  Currently, the City has one of the largest electric vehicle charging networks in the country, with over 1,000 charging ports and growing. The network includes 87 solar carports that can charge vehicles using nothing but sunlight. These solar carports are mobile and can also be used for emergency charging if other charging options are unavailable. This City’s solar carport initiative is the largest portable solar carport project in the world.  “Thanks to Mayor de Blasio, NYC Fleet is on its way to an all-electric future by 2040,” said, Keith Kerman, NYC Chief Fleet Officer and DCAS Deputy Commissioner. “Fast charging is critical to support the expansion of plug-in technology to the City’s fleet of vans, pickups, and public works trucks that support critical public services every day. This new clean charging infrastructure paves the way for the fleet of tomorrow.”  To date, DCAS has replaced 2,200 gas-powered on-road fleet vehicles with plug-in electric models. The City also operates over 500 off-road electric and solar units. Through electric vehicles, hybrids, and other efficiencies, DCAS has reduced total fuel use by over 2.8 million gallons over the last three years. The benefits of an electric fleet are not only greener, but economical as well. Compared to gas-powered vehicles, the all-electric sedan costs 65% less to maintain, saving over $550 per year for each vehicle.  In addition to ongoing investments in green technologies to reduce emissions, in March 2019 Mayor Bill de Blasio signed an executive order to reduce the size of the city’s on-road vehicle fleet by March 2021. The City is on target to meet and exceed this goal.

About DCAS

The Department of Citywide Administrative Services (DCAS) provides shared services to support the operations of New York City government. Its commitment to equity, effectiveness, and sustainability guides its work with City agencies on recruiting, hiring, and training employees; providing facilities management for 56 public buildings; acquiring, selling, and leasing City property; purchasing more than $1 billion in supplies and equipment each year; and implementing conservation and safety programs through the City's facilities and vehicle fleet.

340 Days and Counting

 

340 days until term-limits give us a new mayor.

Mayor de Blasio Gives City Outlook on Short Supply of Covid-19 Vaccine

 

Mayor Bill de Blasio: Good morning, everybody. Well, this is the first full week of the new Biden administration, and I am very, very optimistic about what this new administration is going to mean for all of us here in New York City. I had the opportunity on Friday to participate in a panel the U.S Conference of Mayors sponsored Dr. Fauci, Dr. Vivek Murthy and I together, talking about what we need to do to vaccinate people quickly. And what is so clear now is the commitment of the Biden administration and the leading health experts in the administration to finding every conceivable way to get us more vaccine quickly. Now, we are waiting, in the course of this week, for more detailed information. This is what's on everybody's mind – when will the new administration be able to give us the game plan for specifically increasing the supply of vaccine? We don't have that yet today, but we do know they're supremely focused, they’re constantly communicating with us, they're looking for every conceivable way to make things move more quickly. And there's a real dialogue going on – that's one of the huge differences here. We're talking directly to the decision-makers about the kinds of things we need and the kinds of changes we could make to move the vaccination process more quickly. I'm very hopeful we're going to get answers, starting this week and in the weeks ahead that will fundamentally change the reality. And, on top of that, the fact that the Johnson & Johnson vaccine could be just a matter of weeks away, that's going to be a game-changer as well. So, again, more work to do – urgent and important week, but a lot of hope, because we have a new kind of leadership in Washington.  

 

Now, right here in New York City, what's the latest? Well, even though we don't have the supply of vaccine we need – we urgently need more supply, we urgently need more flexibility with the supply we have – the vaccination effort keeps moving forward. Right now, as of yesterday, the number of doses given in New York City, 628,831 since the beginning of the vaccination effort. Now, I've got to put this in perspective, 628,000 doses from the beginning – that is more people who have gotten a vaccination in New York City than the entire population of Louisville, Kentucky, which is the nation's 29th largest city. Just to show you a little bit of the perspective on how much is already happening. But this is just a small beginning compared to what we could do if we had the supply. And this is the frustrating part – right now, New York City has on-hand 19,000 first doses – 19,000 designated first doses. We're expecting 107,000 more in the next few days, the weekly resupply. But, again, look at that number, that doesn't even give us the beginning of what we need for a week. Again, we have a supply problem and we have a flexibility problem, because we can't access second doses that are being held in reserve for weeks ahead and use them now as first doses where there's such intense demand. So, we're working hard to get that flexibility, but, in the meantime, if there's not more supply and there's not more flexibility we keep having to either not provide new appointments or reschedule ones that exist – and that's not fair to anyone. We need the supply. We need the flexibility.  

 

Now, where will we be able to go when we have those things? When we have what we need, here's the latest based on experience we've had so far – New York City will be able to vaccinate half-a-million people a week as soon as we have the supply. This is an update based on the experience we've had so far and all of our projections. We're now confident – and it’s a staggering figure – we're able to do a half-a-million vaccinations per week if we have the supply and the flexibility. We said from the very beginning for this to work, we need the federal government, State government, the manufacturers to all do everything they can to help us. I'm saying it again, if we have the full partnership of our colleagues in government and the manufacturers, we can move vaccinations at a staggering level. But we need that help and we need it now. 

 

Look, we have mega sites like Citi Field and Yankee Stadium ready to go. We want to get those to be full-blown 24-hour operations, but we don't have the vaccine. We've got local neighborhood providers, folks who are at the frontline who can build trust, who can get folks from the neighborhood to come in, who speak their language ready to go. We want to have a really neighborhood-based approach to vaccination, decentralized right down to the grassroots. We could be doing that right now, but we don't have the supply. We need the supply and that flexibility of whatever we have on hand we can use for folks who need help immediately. That freedom to vaccinate means helping a senior citizen. Let me make this vivid, when I was out at Hillcrest High School in Queens, I talked to seniors. I talked to a woman who was 97 years old, her name was Marcia. For her, the first shot alone was life changing. She had lived in fear of the coronavirus for almost a year. Just getting that first shot, knowing that that gave her 50 percent protection, made a world of difference to her physically in terms of the protection, but emotionally as well – it gave her some peace of mind, it gave her some hope. I want to get that first shot to as many of our seniors as possible, but we need that flexibility to do it. So, we're going to fight to get it right. We're going to make sure we get our fair share of doses. And this is a message that we have to our colleagues in government – in New York City, we can move so fast. Please help us get the supply, because, I guarantee you, we can get it to people fast – fast or faster than any place else. When I'm telling you, we can do a half-million in a week, that is an indication of our confidence of how quickly we can implement if we have what we need.  

 

Now, again, last week we talked about five guiding principles that we know will allow us to move forward and do this the right way. And this, to me, is what's crucial, getting is to go fast and connecting with people at the grassroots. That's what's going to build trust. I guarantee, if people see leaders of their own community as part of the vaccination effort and sites in their own community they're familiar with, and organizations they know and trust, that's going to make the difference. That's what we'll build, so long as we have the supply to support it.  

 

Okay. Now, the vaccination effort is crucial to everything we're going to do. It is – the number-one concern right now is everyone's health and safety. That's why we need to vaccinate as many people as possible, as quickly as possible. But right behind that, we all need to make sure that New York City has a strong recovery, that we come back strong, that everything about this city becomes stronger in the course of 2021 – we bring back our economy, we bring back our jobs. 

 

Nothing's more important to that than getting everyone vaccinated. But as we build that effort and that recovery, there's a lot of things we need to keep doing to help our businesses in the meantime – our small businesses in particular, as they work to survive. And we know, when everyone's vaccinated, they're going to come roaring back, so many of them. But, right now, there's something we can do that's a great thing for our restaurant community. Remember, hundreds of thousands of folks work in restaurants that are part of the heart and soul of this city. And we want everyone to do what you can to help our local restaurants. So, we have a great opportunity this week, the first ever New York City Restaurant Week To Go. So, this is a great innovation, it starts today. Everyone knows Restaurant Week, a great promotion that was started years ago and really engaged people with the restaurants of the city – great deals, people got an opportunity to try out restaurants they never had before. Well, we're doing the same thing this year with a to-go twist. So, every participating restaurant will offer at least one takeout and delivery meal for cost of $20.21 – 2021. So, this is a great opportunity to have a great experience yourself, but also to help our restaurants. I want to thank everyone that NYC & Company, they've been doing great work, promoting our restaurant community. They waive the participation fees to make it easier. They've expanded the effort deeply into all five boroughs. This will now be, as a result, the biggest restaurant week in the 29-year history of this event. And that's actually quite amazing given what we've been through – more restaurants than ever, 571 restaurants will be part of Restaurant Week To Go. And that is everywhere in the city, from Sylvia's in Harlem to Denino's on Staten Island, here's a great opportunity. Anyone who wants to see all the participant restaurants go to nycgo.com – I'm sorry, nycgo.com/restaurant-week and check out the list, get out there, and go out to one of these restaurants and purchase from them, get the takeout and delivery from them, call in that order, make a difference, help them keep moving forward. Support your favorite places and find new favorite places too, and that'll be a good thing for everyone.  

 

Okay, let's go over today's indicators. Number one, daily number of people admitted to New York City hospitals for suspected COVID-19 – today's report, 240 patients. And the hospitalization rate, 5.18 per 100,000. Okay. Current new cases – today's number, four – excuse me, 4,743. And number three, percentage of New York City residents testing positive on a seven-day rolling average, 8.44 percent. The bottom line on all of this is that we need to keep fighting while we're getting the vaccination supply we need. When you keep fighting, use the measures that work. We know – we know the masks, we know the social distancing works. New Yorkers have been heroic. We got to keep doing it while we get the vaccine supply and turn this whole situation around.  

Senator Julia Salazar - January 2021 Constituent Updates

 

I hope this email finds you safe and healthy in 2021! We have several updates regarding the extension of the eviction moratorium, the current vaccine eligibility of New Yorkers in Phases 1a and 1b, as well as, registration for our Cypress Hills and East New York residents facing real estate speculation harassment. 

First, in late December, the New York State Legislature passed a continued eviction moratorium that would prevent tenants and mortgage holders from experiencing eviction or a foreclosure through May 1st, 2021, if they meet  the below requirements:

• Lost income or increased costs during the pandemic, or
• Moving would pose a significant health risk for you or a member of your household due to an increased risk for severe illness or death from COVID-19 due to an underlying medical condition, and 
• You sign and deliver this Hardship Declaration Form to your landlord, your local court, or both, you cannot be evicted until at least May 1, 2021 for nonpayment of rent or for holding over after the expiration of your lease
• Likewise, if you are a mortgage holder, you can fill out the following Foreclosure Notice

In order to submit your Hardship Declaration Form, email a copy or a picture of the completed, signed form to your landlord, and cc salazar@nysenate.gov. My office is always happy to support you in the case that you have any questions or issues.

Second, regarding vaccine eligibility, you can check your eligibility here with the "Am I Eligible?" Form by answering a few brief questions. This will help you determine whether you can currently receive a vaccine in a state-run facility. Vaccines are also available at pharmacies, hospitals and through local health departments statewide – please contact your provider of choice to schedule your vaccine appointment. 

The key factors of eligibility in Phase 1a and 1b, which began on January 11th, include (but are not limited to):

• Individuals over 65
• Health care and frontline workers (including staff working in hospitals, nursing homes, etc.)
• Public-facing workers (including first responders, police officers, corrections officer, schoolteachers and faculty, professors, grocery store workers, public transit workers) 

For more information, please go to this website or call 1-833-697-4829.

Finally, if you are a Cypress Hills or East New York resident who has been continually contacted or harassed by real estate speculators, you can end this harrassment by registering here.  Because we recently worked to establish a Cease and Desist Zone in your neighborhood, registering here will prohibit speculators from harassing you to sell your home. https://www.dos.ny.gov/licensing/realestate/cdform.asp. Sign up and share this link with your neighbors to help eliminate real estate speculation on your block and throughout your neighborhood!

Thank you for your continued trust; serving the constituents here in the 18th  District has been the greatest honor. We look forward to continually lifting each other up, throughout these tumultuous times.

Please do not hesitate to reach out with any issues or concerns. My in-district office can be conveniently reached by email at senatorsalazarsoffice@gmail.com or by phone at (718)-573-1726. 

Warmly,

Senator Julia Salazar

NEW POLICE REFORMS

 

  The new MOU agreement applies to all discipline cases and confirms that the NYPD and CCRB will use the penalty guidelines to guide officer penalties for misconduct. It details the following reforms:

• Commits CCRB and NYPD  to follow the guidelines in all cases to accomplish the mutual goal of consistent and fair discipline recommendations.
• Requires a public, transparent memo by PD for all departures from the Discipline Matrix and CCRB recommendations.
• Empowers CCRB by ensuring access to officer employment history for any substantiated allegations.

 

The Matrix, released earlier this month, outlines presumptive penalties for instances of officer misconduct, which may be adjusted up or down in a set window based on aggravating and mitigating factors. Penalties escalate with repeated offenses. The reforms aim to increase fairness in the disciplinary system, and increase trust in the system among both members of the NYPD and the public, by improving: 

• Accountability with penalties that are fair and proportional to the misconduct 
• Transparency, so that both members of service and the community know what discipline to expect when an officer breaks the rules. 
• Consistency, so similar actions are treated similarly, and there is greater concurrence between the CCRB recommendations and NYPD decisions on penalties.

 

The discipline reforms are part of Mayor de Blasio’s plan to fulfill the Obama Foundation Reimagining Policing Pledge. The pledge, in partnership with the My Brother’s Keeper Alliance, calls for Mayors to review, engage, report and reform. That multi-step process allowed the City to bring true community input into the formation of the discipline guidelines. 

 

Beginning with the end of the stop-and-frisk era, the New York Police Department has continued to evolve, embarking on over seven years of reforms.  The City has worked to develop policies that focus on making the lives of both residents and their communities, as well as those of officers, safer.  

  

These reforms have led to tangible results. Between 2013 and 2019: 

• Overall arrests fell 45%; misdemeanor arrests alone were more than cut in half 
• Criminal summonses plummeted by 80%, from nearly 425,000 in 2013 to less than 86,000 in 2019. 
• Stop-and-frisk encounters were down 93%, to less than 14,000 in 2019. 

 

As part of the larger New York State Police Reform and Reinvention Collaborative, the City undertook an extensive community engagement process last fall to develop a concrete set of additional, new reforms that will allow police to better serve residents. After receiving extensive feedback from City officials, the New York City Police Department, justice advocates, and other stakeholders, the City will publish its initial set of new reforms in the coming weeks for public comment before bringing to the City Council for ratification on or before April 1st. 

 

U.S. Attorney Announces Extradition Of Kenyan National For Large-Scale Trafficking Of Rhinoceros Horns And Elephant Ivory And Heroin Distribution

 

Indictment Alleges Conspiracy to Smuggle at Least 190 Kilograms of Rhinoceros Horns and at Least 10 Tons of Elephant Ivory Valued at More Than $7 Million

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that MANSUR MOHAMED SURUR, a/k/a “Mansour,” a Kenyan citizen, was extradited from Kenya and arrived in the United States this morning.  SURUR was arrested by Kenyan authorities on July 29, 2020, in Mombasa, Kenya, on charges of conspiracy to traffic in rhinoceros horns and elephant ivory, both endangered wildlife species, which involved the illegal poaching of more than approximately 35 rhinoceros and more than 100 elephants.  In addition, SURUR was charged with conspiracy to commit money laundering and conspiracy to distribute and possess with intent to distribute more than 10 kilograms of heroin.  SURUR’s co-defendant, Moazu Kromah, a/k/a “Ayoub,” a/k/a “Ayuba,” a/k/a “Kampala Man,” a citizen of Liberia, was previously deported to the United States from Uganda on June 13, 2019.  Co-defendant Amara Cherif, a/k/a “Bamba Issiaka,” a citizen of Guinea, was extradited to the United States from Senegal on April 3, 2020.  Co-defendant Abdi Hussein Ahmed, a/k/a “Abu Khadi,” a citizen of Kenya, remains a fugitive.  SURUR is expected to be arraigned later today before U.S.  Magistrate Judge Debra Freeman.  The case has been assigned to U.S. District Judge Gregory H. Woods.

Manhattan U.S. Attorney Audrey Strauss said:  “Mansur Mohamed Surur is alleged to be a member of an international conspiracy to traffic in rhino horns, elephant ivory, and heroin.  The enterprise is allegedly responsible for the illegal slaughter of dozens of rhinos and more than 100 elephants, both endangered species.  The excellent work of the Fish and Wildlife Service and the DEA has put an end to this operation.”                

According to allegations in the Indictment[1]:

Kromah, Cherif, SURUR, and Ahmed were members of a transnational criminal enterprise (the “Enterprise”) based in Uganda and surrounding countries that was engaged in the large-scale trafficking and smuggling of rhinoceros horns and elephant ivory, both protected wildlife species.  Trade involving endangered or threatened species violates several U.S. laws, as well as international treaties implemented by certain U.S. laws.

From at least in or about December 2012 through at least in or about May 2019, Kromah, Cherif, SURUR, and Ahmed conspired to transport, distribute, sell, and smuggle at least approximately 190 kilograms of rhinoceros horns and at least approximately 10 tons of elephant ivory from or involving various countries in East Africa, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers located in the United States and countries in Southeast Asia.  Such weights of rhinoceros horn and elephant ivory are estimated to have involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants.  In total, the estimated average retail value of the rhinoceros horn involved in the conspiracy was at least approximately $3.4 million, and the estimated average retail value of the elephant ivory involved in the conspiracy was at least approximately $4 million.

The defendants exported and agreed to export the rhinoceros horns and elephant ivory for delivery to foreign buyers, including those represented to be in Manhattan, in packaging that concealed the rhinoceros horns and elephant ivory in, among other things, pieces of art such as African masks and statues.  The defendants received and deposited payments from foreign customers that were sent in the form of international wire transfers, some which were sent through U.S. financial institutions.

On a number of occasions, Kromah, SURUR, and Ahmed met with a confidential source (“CS-1”), both together and separately, concerning potential purchases of elephant ivory and rhinoceros horn.  During these meetings and at other times via phone calls and electronic messages, CS-1 discussed with Kromah, SURUR, and Ahmed, in substance and in part, the terms of such sales, including the price, weight, or size of the rhinoceros horns, as well as payment, destination, and delivery options.  CS-1 also discussed with Cherif via phone calls and electronic messages, in substance and in part, the terms of the sales, as well as how to send payment for rhinoceros horns from a United States bank account located in New York, New York.  On or about March 16, 2018, law enforcement agents intercepted a package containing a black rhinoceros horn sold by the defendants to CS-1 that was intended for a buyer represented to be in New York, New York.  From in or about March 2018 through in or about May 2018, the defendants offered to sell CS-1 additional rhinoceros horns of varying weights, including horns weighing up to approximately seven kilograms.  On or about July 17, 2018, law enforcement agents intercepted a package containing two rhinoceros horns sold by the defendants to CS-1 that were intended for a buyer represented to be in New York, New York. 

Separately, from at least in or about August 2018 through at least in or about May 2019, SURUR and Ahmed conspired to distribute and possess with intent to distribute more than approximately 10 kilograms of heroin to a buyer represented to be located in New York.                                                       

SURUR, 60, is charged with one count of conspiracy to commit wildlife trafficking and two counts of wildlife trafficking, which each carry a maximum sentence of five years; one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years; and one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, which carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the U.S. Fish and Wildlife Service and the U.S. Drug Enforcement Administration.  In addition, she thanked law enforcement authorities and conservation partners in Uganda as well as the Kenyan Directorate of Criminal Investigations and the Kenyan Office of the Director of Public Prosecutions for their assistance in the investigation.  Ms. Strauss also thanked the U.S. Department of Justice’s Office of International Affairs for their assistance, and noted that the investigation is continuing.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Sagar K. Ravi and Jarrod L. Schaeffer are in charge of the prosecution.

The charges contained in the Indictment are merely accusations.  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 its description set forth below constitute only allegations, and every fact described should be treated as an allegation.