Friday, April 30, 2021

Additional Leaders Of Latin Kings Set Charged In Manhattan Federal Court With Racketeering, Narcotics, And Firearms Offenses

 

Audrey Strauss, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”) and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a fifteen-count Superseding Indictment charging 18 defendants with committing various racketeering, narcotics, and firearms offenses, as well as violent crimes in aid of racketeering.  Eleven of the defendants were previously indicted in December 2019 by a grand jury in the Southern District of New York with racketeering conspiracy, narcotics conspiracy, and possessing firearms in furtherance of a narcotics conspiracy.  Five of the seven newly-indicted defendants were arrested today and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court.  Defendant MARK WOODS, a/k/a “Smokey,” is currently in state custody and will be presented at a later date.  Defendant WILLIAM GONZALEZ, a/k/a “Bori,” remains at large.  The case has been assigned to U.S. District Judge Valerie E. Caproni.

The defendants arrested today include the most senior members—known as the “Dons”—of a Latin Kings set currently operating in New York. 

U.S. Attorney Audrey Strauss said:  “As alleged in the Superseding Indictment, the defendants in this case include the leaders of a violent set of the Latin Kings gang.  They are alleged to have engaged in acts of violence, robberies, narcotics trafficking, and the use of firearms.  Thanks to the efforts of our partners at the FBI and NYPD, the defendants now face federal charges for these very serious crimes.”

As alleged in the Superseding Indictment unsealed today in Manhattan federal court and statements made in court filings[1]:

CARMELO VELEZ, a/k/a “Jugg,” CHRISTOPHER RODRIGUEZ, a/k/a “Taz,” LUIS SEPULVEDA, a/k/a “Red,” EMMANUEL BONAFE, a/k/a “Eazy,” ALBERTO BORGES, a/k/a “AB,” JUAN HERNANDEZ, a/k/a “Guerra,” JESUS HERNANDEZ, a/k/a “Goldo,” EZEQUIEL OSPINA, a/k/a “Izzy,” RAIMUNDO NIEVES, a/k/a “Double-R,” DEESHUNTEE STEVENS, a/k/a “Kay,” HECTOR BONAPARTE, a/k/a “June,” DIEGO MATEO, a/k/a “Casa,” JUPANKY PIMENTEL, a/k/a “Panky,” WILLIAM GONZALEZ, a/k/a “Bori,” MARK WOODS, a/k/a “Smokey,” RICARDO RICUARTE, a/k/a “Nino,” RAUL CUELLO, a/k/a “2B,” and PAUL CUELLO, a/k/a “Flip,” are members and associates of a racketeering enterprise known as the Latin Kings, and specifically, the set, or “tribe” of the Latin Kings known as the Black Mob, which operates in the Bronx, Manhattan, Queens, Brooklyn, and Long Island.  In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of the Black Mob committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including heroin, fentanyl, and crack; committed robberies; and obtained, possessed, and used firearms.  Some of the defendants are also charged with committing assaults in aid of racketeering, including assaults in connection with gunpoint robberies of drug dealers and gambling parlors. 

The Black Mob has a recognized leadership hierarchy and a code of conduct that members must follow.  The leadership structure resembles the traditional leadership structure of other Latin King tribes.  Leaders in the Black Mob are referred to as “Crowns,” with the respective Crowns ranked as “First Crown,” “Second Crown,” etc.  The gang’s leadership structure also includes “Coppos,” which are the Black Mob members in charge of members in a certain geographic borough.  Even higher than the Crowns and Coppos are the “Dons.”  The Dons are either founding members of the Black Mob or longtime members who have earned a higher level of respect.   As alleged, three of the Dons—MATEO, PIMENTEL, and GONZALEZ—and four Crowns or Coppos—RICUARTE, WOODS, and the CUELLO brothers—have been charged in the Superseding Indictment.

Charts containing the names, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. 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 the FBI and NYPD. 

This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Adam Hobson, Elinor Tarlow, and David Robles are in charge of the prosecution.

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

COUNT 

DEFENDANT(S) 

MAX. TERM OF IMPRISONMENT 

Count One:  Conspiracy to Commit Racketeering (18 U.S.C. §§ 1962(d), 1963) 

All defendants except STEVENS and BONAPARTE 

Life imprisonment 

Count Two: Narcotics Conspiracy (21 U.S.C. §§ 846, 841(b)(1)(A)) 

All defendants 

Life imprisonment; Mandatory minimum sentence of ten years 

Count Three: Brandishing and Discharging Firearms in Furtherance of a Drug Trafficking Offense  (18 U.S.C. §§ 924(c)(1)(A) and 2) 

All defendants except STEVENS and BONAPARTE 

Life imprisonment; Mandatory minimum sentence of ten years, which must run consecutively to any other sentence 

Count Four: Possessing a firearm in furtherance of a drug trafficking offense (18 U.S.C. §§ 924(c)(1)(A) and 2) 

STEVENS and BONAPARTE 

Life imprisonment; Mandatory minimum sentence of five years, which must run consecutively to any other sentence 

Count Five: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2) 

WOODS 

Twenty years’ imprisonment 

Count Six: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2) 

WOODS 

Life imprisonment; Mandatory minimum sentence of seven years, which must run consecutively to any other sentence 

Count Seven: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2) 

VELEZ, RODRIGUEZ, SEPULVEDA, BONAFE, JESUS HERNANDEZ, PIMENTEL, and WOODS 

Twenty years’ imprisonment 

Count Eight: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2) 

WOODS 

Twenty years’ imprisonment 

Count Nine: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2) 

WOODS 

Life imprisonment; Mandatory minimum sentence of seven years, , which must run consecutively to any other sentence 

Count Ten: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2) 

WOODS 

Twenty years’ imprisonment 

Count Eleven: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2) 

WOODS 

Life imprisonment; Mandatory minimum sentence of seven years, which must run consecutively to any other sentence 

Count Twelve: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2) 

VELEZ, SEPULVEDA, WOODS 

Twenty years’ imprisonment 

Count Thirteen: Brandishing a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2) 

VELEZ, SEPULVEDA, WOODS 

Life imprisonment; Mandatory minimum sentence of seven years, which must run consecutively to any other sentence 

Count Fourteen: Assault with a dangerous weapon in aid of racketeering (18 U.S.C. §§ 1959(a)(3) and 2) 

WOODS, OSPINA 

Twenty years’ imprisonment 

Count Fifteen: Brandishing and Discharging a firearm in furtherance of a crime of violence (18 U.S.C. §§ 924(c)(1)(A) and 2) 

WOODS, OSPINA 

Life imprisonment; Mandatory minimum sentence of ten years, which must run consecutively to any other sentence 

 


[1]
 As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation. 

Attorney General James Holds Albany-Area Cement Plant Accountable for Years of Water Pollution

 

Holcim Agrees to Pay $850,000 Penalty, Including $212,000 to Reduce Hudson River Pollution

 New York Attorney General Letitia James today reached an agreement to resolve a joint state and federal action against Holcim Inc. a cement plant based in Ravena, New York that leaked toxic pollutants into tributaries of the Hudson River for years. The agreement, which was filed in the U.S. District Court for the Northern District of New York, requires Holcim to implement measures to prevent future violations and pay a $850,000 civil penalty, half of which will go to New York state. A portion of this payment will be used to fund a project designed to reduce the flow of pollution into the Hudson River. 

“For years, Holcim failed to live up to its legal responsibilities, repeatedly violating laws established to ensure the health of our waters,” said Attorney General James. “Today, we hold this company accountable for polluting our natural resources and we ensure that proper measures are taken to remediate the harm caused to our communities. My office will continue to aggressively enforce the laws that protect the health and safety of our environment and of all New Yorkers.” 

“New York state has a long history of holding polluters accountable for their impacts both on our communities and the environment, and I thank the U.S. Attorney and the New York Attorney General for their efforts to finalize this agreement that does just that,” said DEC Commissioner Basil Seggos. “The consent decree announced today will help to resolve years of violations and exceedances under federal and state rules and regulations and requires a significant penalty of $850,000. And, in addition to requiring actions to further clean up its operations, this agreement requires this facility to invest in an Environmental Benefit Project that will help improve the health of the Hudson River — a victory for the town of Coeymans.”

“We are all custodians of our community’s precious environmental resources. This settlement will benefit the Hudson River, and help preserve this treasured resource for future generations,” said Acting U.S Attorney for the Northern District of New York Antoinette T. Bacon

“This settlement helps protect clean water and ecosystems in the Hudson Valley for local communities and it has already improved Holcim’s compliance with critical federal and state environmental laws,” said EPA Acting Regional Administrator for Region 2 Walter Mugdan. “This case exemplifies EPA’s commitment to work with our federal and state partners to ensure entities like Holcim comply with regulations that protect public health and the environment.”

Holcim’s Ravena Cement Plant, which was owned and operated by Lafarge Building Materials, Inc. until July 2015, includes a cement kiln dust landfill used as part of the facility’s cement-making process. For years, this landfill operation has discharged significant amounts of untreated and partially-treated contaminated water and stormwater into Coeymans Creek, which connects to the Hudson River. The facility’s treatment system routinely discharged contaminated water exceeding various pollution control permit limits, including aluminum, toxicity, oil, and grease. 

Despite a series of administrative actions by both the New York State Department of Environmental Conservation (DEC) and the federal Environmental Protection Agency (EPA), the facility continued to report exceedances of its DEC water pollution control permit in violation of federal and state water pollution laws. Over 260 permit exceedances were reported between April 2015 and March 2019, although compliance improved later in 2019 and continued in 2020.

The agreement announced today addresses Holcim’s pollution discharges and places the company on a path to full environmental compliance, under strict oversight of regulatory agencies. Among other things, the agreement requires Holcim to:

  • Fully comply with its water pollution control permit;
  • Implement updated water pollution “Best Management Practices” and “Operation and Maintenance” plans;
  • Conduct, through a qualified third-party auditor, a facility-wide water pollution and solid waste compliance audit, and implement all action items identified by the audit;
  • Submit to DEC a revised solid waste management facility permit that addresses revised regulatory requirements; and
  • Pay $850,000 in civil penalty, half to the state of New York and half to the federal government.

Of the penalty obtained by the state, $212,000 will be used as seed money for an innovative “green” stormwater infrastructure project at Coeymans Landing Park. This project, which uses natural structures and processes to remove pollution from stormwater, will be designed, engineered, and constructed to reduce harmful runoff into the Hudson River.  

Additionally, during the course of negotiations over this agreement, Holcim implemented significant upgrades to its wastewater management systems, including a multi-million dollar upgrade to the contaminated water collection system at the landfill that has dramatically reduced the frequency and severity of its water pollution control permit exceedances.

Attorney General James thanks DEC, the U.S. Attorney’s Office for the Northern District of New York, and EPA for their assistance in this matter.