Seven Members Of Violent Gang Charged With Racketeering And Firearms Offenses

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), Raymond P. Donovan, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and Kevin P. Bruen, Acting Superintendent of the New York State Police (“NYSP”), announced today the unsealing of an eleven-count Indictment charging JAYQUAN SMITH, a/k/a “Six,” RASHIEN JACKSON, a/k/a “Pop,” JAMES BELL, a/k/a “Dex,” DAQUAN MURPHY, a/k/a “Fritz,” JONATHAN ODENTHAL, a/k/a “White Boy,” HASSAN SIMMONS, a/k/a “Hart,” and DERICK MURPHY, a/k/a “Yogi,” with racketeering and firearms offenses, as well as violent crimes in aid of racketeering, in connection with their membership and association with the 800 YGz gang (the “800 YGz”).  DAQUAN MURPHY was taken into custody yesterday.  DERICK MURPHY and SMITH were already in federal custody on separate charges.  BELL and JACKSON were in state custody on separate charges. The defendants will be presented this afternoon before U.S. Magistrate Judge Katharine H. Parker in Manhattan federal court.  SIMMONS and ODENTHAL remain at large.  The case has been assigned to U.S. District Judge Alison J. Nathan.

U.S. Attorney Audrey Strauss said:  “As alleged in today’s indictment, members and associates of a violent street gang wreaked havoc in the Bronx for many years, committing numerous acts of violence against rival gang members.  Thanks to the hard work of our law enforcement partners, the defendants now face federal charges for these serious crimes.”

DEA Special Agent in Charge Raymond P. Donovan said:  “These defendants are charged with participating in the activities of the 800 YGz gang and committing numerous acts of violence.  Their alleged criminal conduct has been a scourge on communities in the Bronx for years. I applaud the New York Drug Enforcement Task Force and U.S. Attorney’s Office Southern District of New York on their teamwork and diligence throughout this impactful investigation.”

NYPD Commissioner Dermot Shea said:  “The kind of street violence these defendants were allegedly willing to carry out threatens the fabric of life for everyone in our city. This federal prosecution puts an end to it, strengthened by the joint work of our NYPD officers, federal partners and prosecutors from the United States Attorney’s Office in the Southern District of New York.”

New York State Police Acting Superintendent Kevin P. Bruen said:  “This case involves members of a gang that engaged in numerous alleged acts of violence, with absolutely no regard for the consequences of their actions. I want to commend our partners for their cooperation and hard work to hold these subjects accountable and remove this threat from our neighborhoods.”

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

JAYQUAN SMITH, a/k/a “Six,” RASHIEN JACKSON, a/k/a “Pop,” JAMES BELL, a/k/a “Dex,” DAQUAN MURPHY, a/k/a “Fritz,” JONATHAN ODENTHAL, a/k/a “White Boy,” HASSAN SIMMONS, a/k/a “Hart,” and DERICK MURPHY, a/k/a “Yogi,” are members and associates of the 800 YGz, a racketeering enterprise that operates principally in the New York City metropolitan area.  In order to enrich the enterprise, preserve and protect the power of the enterprise, and enhance its criminal operations, 800 YGz members and associates committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including crack cocaine and marijuana; engaged in wire fraud; and obtained, possessed, and used firearms. 

On or about July 8, 2019, BELL shot at rival gang members, injuring two individuals, in the Bronx, New York.

On or about March 27, 2020, JACKSON shot at rival gang members in the Bronx, New York.

On or about September 16, 2020, JACKSON slashed a rival gang member in the Bronx, New York.

On or about November 21, 2020, SMITH shot at rival gang members in the Bronx, New York.

On or about December 21, 2020, SMITH shot at rival gang members in the Bronx, New York.

On or about August 28, 2020, JACKSON possessed a firearm during and in relation to a drug trafficking offense.

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

Ms. Strauss praised the outstanding work of the New York Drug Enforcement Task Force, comprising agents and officers of the DEA, NYPD, and NYSP.  Ms. Strauss also thanked the NYPD’s 48th Precinct for its assistance with the investigation.

The case is being prosecuted by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Jim Ligtenberg and Alexandra Rothman are in charge of the prosecution.

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

COUNT	CHARGE	DEFENDANTS	MAX. PENALTY
Count One	Racketeering Conspiracy      18 U.S.C. § 1962(d)	All defendants	Life imprisonment
Count Two	Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering     18 U.S.C. §§ 1959 and 2	JAMES BELL	Twenty years’ imprisonment
Count Three	Firearms Offense     18 U.S.C. §§ 924(c) and 2	JAMES BELL	Life imprisonment     Mandatory minimum of ten years’ imprisonment
Count Four	Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering     18 U.S.C. §§ 1959 and 2	RASHIEN JACKSON	Twenty years’ imprisonment
Count Five	Firearms Offense     18 U.S.C. §§ 924(c) and 2	RASHIEN JACKSON	Life imprisonment     Mandatory minimum of ten years’ imprisonment
Count Six	Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering     18 U.S.C. §§ 1959 and 2	RASHIEN JACKSON	Twenty years’ imprisonment
Count Seven	Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering     18 U.S.C. §§ 1959 and 2	JAYQUAN SMITH	Twenty years’ imprisonment
Count Eight	Firearms Offense     18 U.S.C. §§ 924(c) and 2	JAYQUAN SMITH	Life imprisonment     Mandatory minimum of ten years’ imprisonment
Count Nine	Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering     18 U.S.C. §§ 1959 and 2	JAYQUAN SMITH	Twenty years’ imprisonment
Count Ten	Firearms Offense     18 U.S.C. §§ 924(c) and 2	JAYQUAN SMITH	Life imprisonment     Mandatory minimum of ten years’ imprisonment
Count Eleven	Firearms Offense     18 U.S.C. §§ 924(c) and 2	RASHIEN  JACKSON	Life imprisonment     Mandatory minimum of five years’ imprisonment

 

[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. 

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Governor Cuomo Updates New Yorkers on State Vaccination Program

 

162,592 Doses Administered in the Last 24 Hours               

More than 1 Million Doses Administered Over Past Seven Days                

Vaccine Dashboard Updated Daily on the State's Vaccine Program Here

 Governor Andrew M. Cuomo today updated New Yorkers on the state's vaccination program. 162,592 doses have been administered across the state's vast distribution network in the last 24 hours, and more than 1 million doses have been administered over the past seven days.      

"We are continuing to make steady progress in getting more shots into people's arms, and while we feel good about where we are today, we need to build on this progress in order to stay ahead of the infection rate," Governor Cuomo said. "This virus is still out there, and we all need to do our part to protect one another. We remain committed to working with our providers and communities to make sure the vaccine is accessible to every New Yorker, and I urge everyone who still needs to get vaccinated to come to one of our sites and get their shot so we can finally defeat this beast." 

All New York State mass vaccination sites are now open to eligible New Yorkers for walk-in vaccination on a first come first serve basis. The walk-in appointments are reserved for first doses only with second doses to be scheduled automatically after administration of the initial shot. In addition, all vaccine providers are encouraged to allow walk-in appointments for eligible New Yorkers. People who would prefer to schedule an appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccines.gov to find information on vaccine appointments near them.                

STATEWIDE BREAKDOWN

Total doses administered - 16,234,370

Total doses administered over past 24 hours - 162,592

Total doses administered over past 7 days - 1,063,520

Percent of New Yorkers ages 18 and older with at least one vaccine dose -59.1%

Percent of New Yorkers ages 18 and older with completed vaccine series -46.3% 

Percent of all New Yorkers with at least one vaccine dose - 47.5%

Percent of all New Yorkers with completed vaccine series - 37.0%

RECOVERY FOR ALL OF US: NEW YORK CITY ANNOUNCES FREE AND LOW-COST BROADBAND ACCESS FOR 13 NYCHA DEVELOPMENTS, SERVING UP TO 30,000 RESIDENTS

 

EDITOR'S NOTE:

While the five companies are mentioned, the thirteen NYCHA Developments are not with less than seven weeks to one of the biggest primaries for City Council. Thus a NYCHA Development in a certain council district could swing the election in that council district as one candidate could say it was through them the development is getting low cost high-speed internet.

Five vendors have signed agreements to offer high-speed internet access for up to 30,000 residents in 13 NYCHA developments, a major milestone in the City’s implementation of the Internet Master Plan for Universal Broadband

Mayor Bill de Blasio today announced a major milestone in the City’s effort to bring new internet connectivity options to residents of the New York City Housing Authority (NYCHA) and to create a shift in the local broadband market.  As part of New York City’s implementation of the Internet Master Plan for Universal Broadband, the City has executed license agreements with five internet service providers to offer high-speed internet access for up to 30,000 residents in 13 NYCHA developments. NYCHA is currently in the process of finalizing an agreement with a sixth internet service provider. 

The five vendors with executed license agreements -- Starry, Sky Packets, Silicon Harlem, Flume, and NYC Mesh -- are finalists selected from the City’s Request for Expressions of Interest (RFEI) issued in partnership with the NYC Economic Development Corporation (EDC) in June 2020.  Three developments selected through this process will receive free WiFi on public grounds, while the remaining 10 developments will be wired for affordable in-unit internet access. This effort is part of the Mayor's commitment to extend broadband to New Yorkers in the hardest-hit communities identified by the Taskforce on Racial Inclusion and Equity.

“In this day and age, high-quality internet service is a necessity, not a luxury,” said Mayor Bill de Blasio. “By investing in broadband infrastructure, we drive forward a recovery for all of us—both by delivering much needed resources to NYCHA families and making significant progress on our commitment to close the city’s digital divide.”

"Affordable broadband is critical for 21st century life," said Deputy Mayor for Operations Laura Anglin. "The Internet connects millions of New Yorkers to work, education, healthcare, family and more. I'm thrilled these partnerships will bring high-speed connectivity to 30,000 NYCHA residents as we implement our nation-leading Internet Master Plan."

"A 21st century recovery for all of us means increasing access to critical infrastructure like broadband," said Deputy Mayor Vicki Been. "For too long, the digital divide has prevented many New Yorkers—including families, students, and seniors—from accessing the Internet where they live. The Internet Master Plan is our boldest investment in universal broadband to date, and I'm thrilled we've partnered with these providers to speed up access to this vital resource for 30,000 NYCHA residents."

“We have witnessed how transformational internet connectivity can be to the lives of New Yorkers. Now, 30,000 more NYCHA residents are gaining affordable broadband options through the City’s bold and innovative approach. The Internet Master Plan is changing lives for the better by making education, opportunity, and healthcare more accessible. In addition, broadband creates opportunities to strengthen bonds with family, friends, and community,” said New York City Chief Technology Officer John Paul Farmer. “Building on this notable progress, the City will continue to facilitate partnerships with internet service providers that share the goal of affordable, high-speed internet for all New Yorkers.”     

"New York City is closer to achieving its goal of becoming a fairer and equitable city with launching the Internet Master Plan for Universal Broadband," said NYCEDC Acting President Rachel Loeb. "Through this Master Plan, five vendors will provide access to affordable, high-speed internet options for 30,000 NYCHA residents. We're thrilled the City has reached a milestone to close the digital divide, which for too long has had a disproportionate impact in communities that need it the most.”

“The Authority is committed to expanding the quality of internet service options available to our residents by leveraging emerging technologies and identifying innovative partnership opportunities,” said NYCHA Chair & CEO Greg Russ. “We want to thank the City, MOCTO, and NYCEDC for working with us on this important milestone of making high-speed broadband service more accessible to public housing residents across New York City.”

“Digital equity must be a priority and this initiative demonstrates our commitment to ending the divide. Free and low cost broadband access is crucial for NYCHA residents and communities of color to have equitable access to work, learning, healthcare, government services and other essential resources,” said Sideya Sherman, Executive Director of the Taskforce on Racial Inclusion and Equity and EVP for Community Engagement and Partnerships, NYCHA. “This gap existed before the pandemic and is even more critical now. This unprecedented investment, which accelerates the Internet Master Plan, demonstrates how the City can work creatively, across government, to meet the moment.”

About the RFEI 

This RFEI offered a unique opportunity for internet service providers, both large and small, to propose their plans and partnership ideas to use new access to NYCHA buildings and facilities  to rapidly close the digital divide for this slice of New Yorkers. Respondents proved the City’s theory: that when the City offers new assets -- including building common areas, facades, rooftops, light poles, and other physical structures that can be used for broadband installation -- a diverse set of companies will enter the market with lower cost service options that present competition to the large companies offering limited high-quality service options to New Yorkers.  These new companies prove that you can bring new connectivity options to public housing communities and to low-connectivity neighborhoods to close the digital divide. 

In the target neighborhoods, internet service providers charge anywhere from $40/month to $110/month. With this RFEI, vendors will provide free or low-cost internet service residents can sign up for no more than $20/month.

"Today, broadband is an essential service. We at NYC Mesh are committed to working with the City and NYCHA to ensure universal and equitable internet access for all New Yorkers,” said the NYC Mesh organizers. “We believe every community should have the opportunity and resources to own and manage their connection online, and look forward to scaling this collaboration -- already benefiting NYCHA residents -- to ensure our city’s digital future benefits all people." 

“Silicon Harlem applauds New York City for taking a bold Broadband commitment to ensure everyone is connected. We must continue to break down barriers to broadband access for lower income communities, knowing that doing so will enable multiple generations of all New Yorkers to become more fully engaged in the world," said Clayton Banks, Chief Executive Officer for Silicon Harlem. “Silicon Harlem is thrilled to provide new and innovative ways to deliver the internet to every home without having cost being a barrier. The RFEI creates an unprecedented opportunity for New York City to be the gateway to greater opportunity for all.”

“Flume is honored to bring our fiber-to-the-home deployment to over 6,000 NYCHA homes as part of this RFEI,” said Prashanth Vijay, CEO of Flume. “We believe high quality, low cost fiber broadband should be a right enjoyed by all New Yorkers and our mission is to accelerate towards that goal. We hope this project serves as an inspiration to other private-public partnerships and connectivity investment in affordable housing.” 

“Amid COVID-19, having broadband access that you can trust was a social determinant of good health and synonymous with economic stability,” said Henry Quintin, CEO of Sky Packets. “Sky Packets managed Wi-Fi solutions serve as a catalyst in closing the digital divide. From virtual learning, streaming, and remote work, we are proud to partner with local community advocates The Red Hook Initiative, NYCHA, NYCEDC, and the Mayor's Office of the Chief Technology Office to offer a much-needed utility to the residents of Red Hook, Brooklyn.”

“Starry is proud to partner with the City of New York and the Mayor’s Office of the Chief Technology Officer to bring our high-quality, affordable broadband service to NYCHA residents,” said Virginia Lam Abrams, Head of Government Affairs and Strategic Advancement for Starry. “Broadband is more essential than ever, and every New Yorker deserves the ability to fully participate and engage in digital life – for work, for school and to connect with family and friends. But that can’t happen if the cost of broadband access is out of reach. We’re excited to bring our digital equity program, Starry Connect, to NYCHA and provide an ultra-low-cost broadband choice for residents, without credit checks or other eligibility strings attached. We thank Mayor de Blasio, CTO John Paul Farmer and the MOCTO staff for its work on this important pilot program and look forward to launching our service to NYCHA families.” 

About the Internet Master Plan

In January 2020, the City announced the New York City Internet Master Plan, a first-in-nation plan that provides the roadmap to universal broadband in New York City, and the steps the City will take to close the digital divide. Providing equitable broadband is vital to ensuring economic prosperity, digital inclusion, and full participation of all New Yorkers in the digital economy. Universal broadband will also pave the way for next generation technologies such as 5G to be fully accessible to all New Yorkers.

Attorney General James Issues Report Detailing Millions of Fake Comments, Revealing Secret Campaign to Influence FCC’s 2017 Repeal of Net Neutrality Rules

 

Multi-Year Investigation Into 2017 Net Neutrality Rulemaking Finds 18 Million Fake Comments Filed with FCC, Half a Million Fake Letters Sent to Congress

Broadband Industry Funded Six Companies That Engaged in Illegal Activity and Impersonated Millions of Americans

AG James Announces Three Agreements Ending Fraudulent Practices by Perpetrators of Fake Comments

 New York Attorney General Letitia James today released a report detailing the results of her office’s wide-ranging investigation into fake, public comments submitted to the Federal Communications Commission (FCC) in a 2017 proceeding to repeal net neutrality rules. Net neutrality prohibits broadband providers from blocking, slowing down, or charging companies to prioritize certain content on the internet. Attorney General James’ investigation uncovered widespread fraud, as well as abusive practices used to sway government policy — using masses of comments and messages to create the false impression of popular support. Additionally, Attorney General James today resolved investigations into three companies that contributed to the millions of fake comments submitted in the 2017 net neutrality proceeding.

“Americans voices are being drowned out by masses of fake comments and messages being submitted to the government to sway decision-making,” said Attorney General James. “Instead of actually looking for real responses from the American people, marketing companies are luring vulnerable individuals to their websites with freebies, co-opting their identities, and fabricating responses that giant corporations are then using to influence the polices and laws that govern our lives. But, today, we are taking action to root out this fraud and the impersonation that has been corrupting the process for far too long. From net neutrality rules to laws affecting criminal justice reform, health care, and more, these fake comments have simply been generated to influence too many government policies, which is why we are cracking down on this illegal and deceptive behavior. My office will continue to shine a spotlight on abuses and disinformation and ensure those who break the law are held accountable.”

Through its investigation, the Office of the Attorney General (OAG) found that, in 2017, the nation’s largest broadband companies funded a secret campaign to generate millions of comments to the FCC. Many of these comments provided “cover” for the FCC’s repeal of net neutrality rules. This practice — disguising an orchestrated, paid campaign as a grassroots effort, to create a false appearance of genuine, unpaid public support — is often referred to as astroturfing. To help generate these comments, the broadband industry engaged commercial lead generators that used prizes — like gift cards and sweepstakes entries — to lure consumers to their websites and join the campaign. However, nearly every lead generator that was hired to enroll consumers in the campaign, instead, simply fabricated consumers’ responses. As a result, more than 8.5 million fake comments that impersonated real people were submitted to the FCC, and more than half a million fake letters were sent to Congress.

The OAG also found that the FCC received another 9.3 million fake comments supporting net neutrality that used fictitious identities. Most of these comments were submitted by a single person — a 19-year old college student using automated software. In all, the OAG confirmed that nearly 18 million of the more than 22 million comments the FCC received in its 2017 proceeding to repeal net neutrality rules were fake.

Additionally, the OAG’s investigation revealed that the fraud perpetrated by the various lead generators infected other government proceedings as well. Three of the lead generation firms involved in the broadband industry’s net neutrality comment campaigns had also worked on more than 100 other, unrelated campaigns to influence regulatory agencies and public officials. In nearly all of these advocacy campaigns, the lead generation firms engaged in fraud. As a result, more than 1 million fake comments were generated for other rulemaking proceedings, and more than 3.5 million fake digital signatures for letters and petitions were generated for federal and state legislators and government officials across the nation.

Attorney General James’ report recommends several reforms to root out the deception and fraud that have infected public policymaking by agencies and legislatures, including encouraging:

• Advocacy groups to take steps to ensure they have obtained valid consent from an individual before submitting a comment or message to the government on their behalf,
• Agencies and legislatures that manage electronic systems that receive comments and messages to hold advocacy groups and their vendors more accountable for the comments they submit on behalf of individuals,
• Lawmakers to strengthen laws to deter the submission of deceptive and unauthorized comments to the government, and
• Agencies to adopt technical safeguards to protect against unauthorized bulk submissions using automation.

Attorney General James also, today, announced agreements with three of the lead generators that were responsible for millions of the fake comments submitted in the net neutrality proceeding: Fluent, Inc., responsible for approximately 4.8 million fraudulent comments; Opt-Intelligence, Inc., responsible for more than 250,000 fraudulent comments; and React2Media, Inc., responsible for approximately 329,000 comments in the net neutrality proceeding (all or nearly all of which were fraudulent). Fluent and React2Media were also responsible, collectively, for millions of fake comments and messages submitted in dozens of other advocacy campaigns. The agreements with the OAG require the companies to adopt comprehensive reforms in future advocacy campaigns and pay more than $4.4 million in penalties and disgorgement.

The OAG wishes to thank the offices of the attorneys general of Colorado, Massachusetts, and the District of Columbia, as well as the San Diego district attorney’s office for their assistance in this matter.