Attorney General James Moves to Dismiss NRA’s Counterclaims in Ongoing Lawsuit

 

 New York Attorney General Letitia James today released the following statement after she sought to dismiss counterclaims brought by the National Rifle Association (NRA) that were made in response to a lawsuit Attorney General James filed against the organization last summer:

“The NRA is fraught with fraud and abuse, which is why we filed our lawsuit to remove senior leadership and dissolve the organization. For nearly a year now, the NRA has utilized one tactic after another to delay accountability, but each time the courts have rejected their maneuvers. We are now moving to dismiss the NRA’s counterclaims. Our fight for transparency and accountability will continue undeterred because no one is above the law.”

Last August, Attorney General James filed a lawsuit against the NRA and four of the organization’s current or former top executives for failing to manage the NRA’s funds; failing to follow numerous state and federal laws, as well as the NRA’s own bylaws and policies; and contributing to the loss of more than $64 million in just three years. The suit was filed against the NRA as a whole, as well as Executive Vice-President Wayne LaPierre, former Treasurer and Chief Financial Officer Wilson “Woody” Phillips, former Chief of Staff and Executive Director of General Operations Joshua Powell, and Corporate Secretary and General Counsel John Frazer.

That same day, the NRA filed a countersuit against Attorney General James. Earlier this month, the NRA dropped that countersuit in an implicit admission that their strategy would never prevail.

This past January, in an effort to avoid accountability altogether, the NRA filed for chapter 11 bankruptcy even though the organization still claimed to have healthy financial reserves. Over the course of the bankruptcy trial, LaPierre and other senior leaders admitted that the bankruptcy was simply a way of avoiding New York’s enforcement action, yet still stated that they believed that New York courts and judges could be trusted to fairly and impartially oversee the case. Last month, a federal bankruptcy court in Texas rejected the organization’s claims of bankruptcy after the NRA sought to reorganize in Texas, stating, “that the NRA did not file the bankruptcy petition in good faith.”

U.S. Attorney Announces Extradition And Guilty Plea Of Israeli Securities Trader For Participating In A Global Insider Trading Ring

 

Insider Trading Charges Are Also Unsealed Against a Second Israeli Trader for Participating in the Same Multimillion-Dollar Scheme

 Audrey Strauss, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing today of a 15-count superseding indictment charging DOV MALNIK and TOMER FEINGOLD with offenses relating to their roles as securities traders in a wide-ranging international insider trading ring who made millions of dollars in illicit profits by trading based on misappropriated inside information.  MALNIK, a citizen of Israel and Lithuania, was arrested in Switzerland on October 7, 2020, was extradited on June 10, 2021, from Switzerland, and pled guilty today before U.S. Magistrate Judge Stewart D. Aaron.  FEINGOLD remains at large.  The case is assigned to U.S. District Judge Victor Marrero.

Manhattan U.S. Attorney Audrey Strauss said:  “Today’s charges represent another step in our Office’s pursuit of transnational insider trading.  Our Office, along with the FBI and our other law enforcement partners, will vigorously protect the integrity of our nation’s capital markets, regardless of where in the world the inside information is stolen and where tips are illegally passed.”

FBI Assistant Director William F. Sweeney Jr. said:  “Whether it happens inside or outside our borders, trading securities based on misappropriated insider information that affects our financial markets in any way will ultimately lead to federal criminal charges here in the U.S.  Protecting the integrity of our markets from threats both at home and abroad remains a top priority of our white collar crime division.”

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

DOV MALNIK, a citizen of Israel and Lithuania, and TOMER FEINGOLD, a citizen of Israel, were business partners and securities traders who traded in their own names and managed various companies and investment funds.  From at least 2013 through 2017, MALNIK and FEINGOLD participated in a large-scale, international insider trading ring.  Through the scheme, MALNIK and FEINGOLD received material, nonpublic information (“MNPI”) concerning acquisitions and potential acquisitions of publicly traded companies from a securities trader who resided in Switzerland (“CC-1”).  MALNIK and FEINGOLD both knew that this MNPI was obtained by CC-1 directly and indirectly from individuals who were insiders at publicly traded companies and investment banks.  These insiders breached their fiduciary duties and shared MNPI with others, including CC-1, in exchange for compensation, who in turn shared that information with MALNIK and FEINGOLD.  MALNIK and FEINGOLD used that information to place timely, profitable securities trades resulting in millions of dollars of profits.

MALNIK and FEINGOLD began obtaining MNPI from CC-1 in approximately 2013.  During that summer, CC-1 met MALNIK and FEINGOLD and explained to them that CC-1 had numerous sources of MNPI and CC-1 could share that MNPI with MALNIK and FEINGOLD.  In return, MALNIK and FEINGOLD agreed to compensate CC-1 by buying additional securities on CC-1’s behalf and transmitting the profits from those trades to CC-1.  Soon after meeting MALNIK and FEINGOLD, CC-1 explained to them the importance of CC-1 being paid CC-1’s share of the profits in cash because CC-1 needed cash to pay his sources of MNPI.  MALNIK and FEINGOLD agreed to this arrangement and obtained MNPI about numerous companies from CC-1.  Specifically, CC-1 obtained MNPI which was subsequently shared with MALNIK and FEINGOLD from numerous sources, including MNPI that was stolen by investment bank insiders from two different global investment banks.

Throughout the conspiracy, MALNIK and FEINGOLD, as well as the investment bank insiders, CC-1, and others involved in this scheme, took numerous steps to conceal their unlawful enterprise, including through the use of encrypted messaging applications and multiple unregistered “burner” cellphones to communicate with each other.  MALNIK and FEINGOLD also attempted to avoid detection by engaging in securities trading through numerous offshore corporate entities.  For example, in 2011, MALNIK incorporated a British Virgin Islands entity based in Geneva, Switzerland, and subsequently opened trading and/or bank accounts in that shell company’s name.  During the insider trading scheme, MALNIK and FEINGOLD’s offshore companies traded in the stocks of companies about which MALNIK and FEINGOLD had received MNPI – often with multiple of those companies trading in the same stock and on the same days.

MALNIK and FEINGOLD also used these entities to transfer a portion of the profits of their illegal insider trading to CC-1 as per MALNIK and FEINGOLD’s agreement with CC-1.  At first, MALNIK and FEINGOLD instructed their banks to send the funds to an account at a financial institution in Switzerland that agreed to hold the funds for the benefit of CC-1.  After a short time, however, MALNIK and FEINGOLD’s banks questioned the purpose of the transactions and requested justification for the transfer of funds.  Accordingly, in order to deceive the banks, MALNIK, FEINGOLD, and CC-1 agreed that CC-1 would issue fake invoices for consulting services to MALNIK and FEINGOLD’s various offshore entities.  The offshore entities would then send the funds to CC-1’s account pursuant to the fake invoices.

To date, the investigation has also resulted in the conviction of other individuals who were involved in this global insider trading scheme, including investment banker Bryan Cohen, who pled guilty on January 7, 2020, to illegally passing MNPI related to his bank’s corporate clients, and entrepreneur and pharmaceutical company executive Telemaque Lavdias, who was convicted on January 15, 2020, of illegally passing MNPI related to Ariad Pharmaceuticals, Inc.

MALNIK, 43, an Israeli and Lithuanian citizen and resident of Switzerland, pled guilty to one count of securities fraud, which carries a maximum sentence of 20 years in prison.  Sentencing before Judge Marrero will take place on a date to be determined.

FEINGOLD, 42, an Israeli citizen, is charged with conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison; conspiracy to commit securities fraud and wire fraud, which carries a maximum sentence of 25 years in prison; securities fraud under Title 15, which carries a maximum sentence of 20 years in prison; tender offer fraud, which carries a maximum sentence of 20 years in prison; wire fraud, which carries a maximum sentence of 20 years in prison; securities fraud under Title 18, which carries a maximum sentence of 25 years in prison; and money laundering, 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 investigative work of the FBI and also thanked the Securities and Exchange Commission for its assistance.  Ms. Strauss also thanked the Office of International Affairs of the Department of Justice’s Criminal Division and the Swiss Federal Office of Justice for their assistance in the arrest and extradition of MALNIK.

 [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.

Governor Cuomo Directs Investigation Into the Defacing of the George Floyd Statue in Brooklyn

 

 "New York's new monument to George Floyd, which was unveiled in Brooklyn just this past weekend, on Juneteenth, is more than just a memorial for a father, a son, and a friend -- it's a testament to the grief, anger, and righteous energy that his murder sparked, in our state and across the country. It's a beacon for all who believe progress is possible, and in our ability to make it happen.

"That's why reports today that the statue was defaced by a white supremacist hate group are so devastating. This act of cowardice is not just an attack on the Black community, and it's not just an attack on the basic human decency George Floyd and his family deserve - it's an attack on all New Yorkers, and the values our state stands for.

"I am directing the New York State Police Hates Crimes Task Force to offer their assistance in the investigation of this incident.

"And to the group of neo-Nazis who did this, I want to be absolutely clear: get the hell out of our state."

MAYOR DE BLASIO ANNOUNCES BEGINNING OF MAJOR CONSTRUCTION ACTIVITIES FOR BOROUGH-BASED JAILS PROGRAM

 

Mayor Bill de Blasio today announced the beginning of construction activities on the parking garage and community space alongside a new jail in Kew Gardens. The construction marks the first major activity in the Borough-Based Jails Program, a $8.3 billion effort to construct four new, smaller, and more humane jails in Manhattan, the Bronx, Brooklyn and Queens, to replace the jails on Rikers Island.

 

The garage and community space will be constructed at the program’s Queens site, adjacent to Queens Borough Hall and the Queens Criminal Courthouse that make up the heart of the borough’s civic center. The new, approximately 105-foot tall structure will include a 25,000-square-foot, two-level, flexible, multi-purpose community space, plus more than 600 public parking spots.

 

“Today we move one huge step closer to our goal of a fairer and more equitable jail system for all New Yorkers,” said Mayor Bill de Blasio. “Closing Rikers Island will make our city stronger and more just, and I’m proud to deliver a system that better reflects this city’s values.”

 

The structure is being built on the west side of an existing parking lot at Union Turnpike between 126th Street and 132nd Street. The east side of the parking lot will remain open during construction, providing 140 parking spots to the community until work is complete in early-2023. The adjacent Queens Detention Complex will begin demolition during the garage construction and then the new Queens jail will be built spanning the east side of the parking lot and the former Queens Detention Complex site.

 

To minimize the effect on the environment and the City’s infrastructure, the parking garage and community space will include a partial planted green roof, solar panels and on-site stormwater retention. As a result, the community space portion of the project is expected to qualify for LEED Gold certification for environmental sustainability. The project may also be the first in the City to qualify for Parksmart certification, the only certification program that recognizes high-performing, sustainable garages.

 

The NYC Department of Design and Construction (DDC) is managing the overall Borough-Based Jails program citywide. The 886-bed Queens jail will be designed with a maximum height of 195 feet and will house female detainees in a separate facility within the jail.

 

“This project is part of a once-in-many-generations opportunity to build a smaller and more humane justice system that includes four facilities grounded in dignity and respect, offering better connections to and space for families, attorneys, courts, medical and mental health care, education, therapeutic programming and service providers,” said NYC Department of Design and Construction Commissioner Jamie Torres-Springer. “This is a great milestone in the Borough-Based Jails program, and we continue to seek and evaluate candidates for the design-build teams that will create the Program’s other facilities.”

 

“The beginning of major construction for the new Borough-Based Jails program in Kew Gardens is exciting news and something we have been greatly anticipating since Mayor de Blasio pledged to close the antiquated facilities on Rikers Island,” said DOC Commissioner Vincent Schiraldi. “It means we are one step closer to having modern facilities that are far better in every way than what exists today. The Borough-Based Jails plan will create state-of-the-art, fully air-conditioned buildings and a more humane environment. It will also help us achieve our goal of creating the kind of environment any of us would want if someone we loved was incarcerated."

 

“Closing Rikers Island is a crucial component of this Administration's commitment to a safer, fairer justice system for New York City," said Marcos Soler, Director of the Mayor's Office of Criminal Justice. "The progress on the Queens site represents the latest step on our path towards transforming justice by safely reducing the City's jail population, investing in community-driven public safety, and building a smaller and more humane system of detention facilities that will lead to better outcomes for people who come into contact with the city’s jails."

 

Passed by the City Council in October 2019, the City’s plan to close the jails on Rikers Island and build smaller, safer and fairer borough-based jail facilities comes at a time when New York City has the lowest crime and incarceration rates of any large city in the United States.

 

The design of the new Parking Garage and Community Space follows an extensive and multi-step public review process, including design workshops in each of the four boroughs with local neighborhood leaders, civic associations and community boards to identify preferred design elements including the use of community space, and workshops in each of the four boroughs with advocates and justice involved individuals to provide input on the design of the new facilities.

 

The Queens Parking Garage and Community Space is being created by the design-build team of Hunter Roberts Construction Group along with the architecture firms Marvel and Urbahn Architects. More information about opportunities in the Borough-Based Jails program and in other DDC design-build programs is available at https://designbuild.ddcanywhere.nyc/. The City highly encourages participation in the jails program by Minority- and Women-Owned Business Enterprises (M/WBEs) and will set significant requirements for M/WBE participation in the program’s design-build contracts.

 

Procurement and early site preparation activities are ongoing for the other three Borough-Based Jails sites in Manhattan, the Bronx, and Brooklyn. Later this year, DDC expects to award a contract to dismantle the Brooklyn House of Detention and construct a temporary swing space to facilitate the DOC’s transfers for court appearances until construction of a new jail at the site is complete.

191 Days and Counting

 

Time is running out for me, the Board of Elections will be naming my replacement in a few weeks so I had better start doing something that people will remember me by. 

I got it let's start building those new borough jails I promised everyone. 

Governor Cuomo Updates New Yorkers on State's Progress Combating COVID-19

 

Statewide 7-Day Average Positivity is 0.35%—Record Low for 27 Consecutive Days, Has Declined for 80 Consecutive Days

56,547 Vaccine Doses Administered Over Last 24 Hours

5 COVID-19 Deaths Statewide Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combating COVID-19.

"Thanks to the hard work and dedication of New Yorkers, our numbers are the lowest we have seen since the beginning of the pandemic and we've been able to lift nearly all restrictions," Governor Cuomo said. "Vaccination is still the key to ending this pandemic once and for all and bringing our economy back to full strength. We're working day and night to get more shots in arms but we need every single New Yorker who hasn't yet taken the shot to do so we can finally put COVID behind us."

Today's data is summarized briefly below:

• Test Results Reported - 113,108
• Total Positive - 343
• Percent Positive - 0.30%
• 7-Day Average Percent Positive - 0.35%
• Patient Hospitalization - 442 (-32)
• Patients Newly Admitted - 59
• Patients in ICU - 103 (-1)
• Patients in ICU with Intubation - 60 (+0)
• Total Discharges - 184,455 (+69)
• Deaths - 5
• Total Deaths - 42,947
• Total vaccine doses administered - 20,759,365
• Total vaccine doses administered over past 24 hours - 56,547
• Total vaccine doses administered over past 7 days - 387,170
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 68.7%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 62.4%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 71.3%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 63.7%
• Percent of all New Yorkers with at least one vaccine dose - 57.0%
• Percent of all New Yorkers with completed vaccine series - 51.4%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 59.2%
• Percent of all New Yorkers with completed vaccine series (CDC) - 52.5%

Manhattan U.S. Attorney Announces Securities And Wire Fraud Charges Against Founder And Manager Of Mutual Fund

 Audrey Strauss, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced today that OFER ABARBANEL was arrested this morning in Los Angeles, California, and charged with securities fraud and wire fraud in connection with ABARBANEL’s scheme to defraud investors in a mutual fund he founded and controlled.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Ofer Abarbanel conducted a bait-and-switch, promising investors safe and liquid investments but instead transferring their money to risky counterparties to trade for his own benefit and that of his confederates.  His alleged scheme has now been uncovered and he will have to answer for his alleged lies.”

USPIS Inspector-in-Charge Philip R. Bartlett said:  “Postal Inspectors remind investors to thoroughly review all lucrative offers as well as their fund managers.  In this case, as alleged, Mr. Abarbanel devised a scheme to defraud investors with bogus claims of liquidity and collateral, when in fact he did not use investors’ funds as promised and did not acquire the promised collateral.  Our advice is to trust your gut, and remember that where there is high reward, there is high risk.”

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

From at least in or about 2018 through the present, ABARBANEL engaged in a scheme to defraud investors in a mutual fund he founded and controlled (the “Fund”).  ABARBANEL falsely represented to an investment adviser to a group of investors (the “Investor Group”) that investments in the Fund would be placed “primarily” in short-term United States Treasury Securities having maturities less than or equal to three months.  Contrary to these representations, the vast majority of the investors’ funds were not invested in short-term treasuries.  Instead, immediately after the Investor Group’s investment was received by the Fund, ABARBANEL and his confederates transferred the investor funds to counterparties controlled by or otherwise closely associated with ABARBANEL, for use, among other things, in trading not authorized by the Fund’s offering documents and for the benefit of ABARBANEL and the counterparties.

ABARBANEL further represented that, in order to enhance income, the Fund intended to invest in securities lending transactions as well as repurchase and reverse repurchase agreements.   ABARBANEL represented, as to these transactions, that the Fund would receive, in its possession and control, safe and secure collateral, in the form of treasury securities that could be quickly liquidated in the event a counterparty defaulted on its obligations.  ABARBANEL, however, failed to obtain for the Fund the promised collateral to secure the investments. Nonetheless, ABARBANEL repeatedly represented, in substance, that the Fund had possession of the collateral.  

In or about May and June 2021, ABARBANEL failed to honor a redemption request by the Investor Group for all of its outstanding investment, totaling more than $100 million, instead placing conditions on the redemption that were contrary to the Fund’s offering document and to the Fund’s practices with respect to prior redemptions.  On or about June 16, 2021, the Fund transferred more than $10 million in investor funds from the Fund to a personal brokerage account of an attorney working with the Fund. 

ABARBANEL will be presented later today in federal court in Los Angeles.

ABARBANEL, 46, a dual U.S.-Israeli citizen who resides in Woodland Hills, California, is charged with one count of securities fraud and one count of wire fraud.  The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5,000,000 or twice the gross gain or loss from the offense.  The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. 

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the investigative work of the USPIS and thanked the SEC, which has filed civil charges against ABARBANEL in a separate action.  She added that the criminal investigation is ongoing.

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

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

Attorney General James Takes Down Major Drug and Gun Trafficking Rings in Capital Region

 

47 Individuals Arrested for Pumping Heroin, Cocaine, Oxycodone

Into Communities, Illegal Possession of Firearms

Defendants Responsible for Recent Shootings, Violent Crime in Albany

 New York Attorney General Letitia James today announced the indictment of 47 individuals for their roles in two major drug and firearm distribution networks that trafficked heroin, cocaine, oxycodone, and firearms in the Capital Region. As alleged in the indictments, unsealed in Albany County Court today, this year-long investigation seized nearly 1.2 kilograms of cocaine, 140 grams of heroin mixed with fentanyl, oxycodone, $40,000 in cash, and nine firearms, including one “ghost gun.”

“For the past year, Albany and the surrounding areas have been plagued by violent crime that has terrorized our communities and claimed too many lives,” said Attorney General James. “These individuals have allegedly flooded our streets with dangerous narcotics and are responsible for many of the shootings that have been at the center of this devastation. Today’s takedown is yet another major action to combat violent crime and hold accountable those who seek to endanger our communities. We will continue to take every action possible to get guns off our streets, and I thank the Albany Police Department, and all our partners in law enforcement, for their support in protecting our communities.”

“Dangerous drugs and weapons have no place in our communities,” said Albany Police Chief Eric Hawkins. “Today, we’re sending a strong message that we will use all available resources to address violent crime in our neighborhoods and remove any offenders responsible from our streets. Through operations, such as ‘Cross Town Quarantine,’ we remain committed to working collaboratively with our law enforcement partners to ensure that our communities remain safe. I’d like to commend Attorney General James for her leadership, as well as her unwavering support to our agency and overall safety of the Albany community.”

Today’s takedown was the result of a joint investigation between the Office of the Attorney General’s (OAG) Organized Crime Task Force (OCTF), the Albany Police Department, and the FBI Safe Streets Task Force. The investigation — dubbed “Operation Crosstown Quarantine” — centered on two rival crosstown gangs in Albany and included the use of physical surveillance, electronic surveillance, and undercover operations. During the course of the investigation, in addition to communication by cell phones, the defendants repeatedly relied on social media, specifically Facebook and Snapchat, to sell and procure drugs and brazenly brag and display illegal firearms. 

Indictment One

The first conspiracy centers around the “Uptown Associates” gang and the leader of this drug distribution network: Jamar Brayboy, a/k/a “Un.” Brayboy employed a vast network of individuals to sell his drugs and had numerous reseller customers that brought heroin and cocaine from New York City to sell in and around the Capital Region, as well as New York and Orange counties, and even had resellers bringing drugs to Vermont. Brayboy also relied on Facebook to illegally sell his narcotics.

The second conspiracy centers around the “Downtown Associates” gang and the leader of this drug distribution network: Tyshawn Morris, a/k/a “Mac.” Morris also employed a large network of sellers and resellers who primarily operated in Albany, Fulton, Montgomery, Rensselaer, Saratoga, and Schenectady counties. Morris is being charged with Operating as a Major Trafficker, which carries a mandatory life sentence in state prison. The defendants and their co-conspirators frequently utilized coded and cryptic terminology in an attempt to disguise their illicit activities. In addition to the usual codes — such as referring to crack cocaine as “hard” and powder cocaine as “soft” — Morris used common street terms for marijuana and to refer to cocaine, in an attempt to confuse law enforcement, in the event they were monitoring his activities. For instance, Morris and his associates referred to crack cocaine as “Sour” and powder cocaine as “Kush,” both common names for marijuana. 

Indictments Two, Three, Four, and Five

During the course of the investigation, OCTF was able to establish that numerous members of the “Downtown Associates” were utilizing Snapchat in order to traffic illegal prescription drugs, namely oxycodone. Keion Kirkley, El Shaquille Douglas, and Daion Morris regularly sold illegal prescription medication (oxycodone and others) over Snapchat by posting pictures and/or videos of pill bottles marked “Oxycodone” with captions, such as “Boots! Rp 10s Rp 20s & Green 15s GWM,” referring to prescription pills (“boots”) for sale, “GWM” (get with me), and what milligram strengths were available, 10mg pills, 20mg pills, etc. 

Other members of the “Downtown Associates,” known as the “50 Gang” — a reference to the high-capacity magazines that they attach to their firearms, which allow them to hold up to 50 rounds of ammunition — were utilizing Snapchat to post videos and pictures of illegal weapons, which they and their fellow members used to carry out their gang violence activities. Members regularly posted videos and pictures of themselves possessing handguns, rifles, and machine guns, usually with high-capacity magazines protruding from the gun. Members of the “50 Gang” range from 18 years old to 25 years old, and they are considered by law enforcement to be responsible for numerous drive-by shootings and homicides that have been plaguing the City of Albany over the past year, including the recent fatal shooting of an 18-year-old in downtown Albany.

The indictments charge 47 individuals with crimes that include various counts of Criminal Sale and Criminal Possession of a Controlled Substance (class A, B, and C felonies); Conspiracy to commit those crimes; various counts of Criminal Sale and Possession of a Firearm; Criminal Possession of a Weapon; and Enterprise Corruption. A fifth indictment also charges two “Uptown Associates” with weapons possession.

Today’s takedown marks the latest major drug bust in the OAG’s Suburban and Upstate Response to the Growing Epidemic (S.U.R.G.E.) Initiative, a law enforcement effort that brings together state and local law enforcement to target New York’s growing — and often violent — heroin, opioid, and narcotics trafficking networks. Since launching in 2017, SURGE has taken 644 alleged traffickers off the streets.

The first indictment contains 521 counts and charges 33 people with crimes in relation to their involvement in the narcotics trafficking operation, including Operating as a Major Trafficker (class A-I felony), Criminal Sale and Criminal Possession of a Controlled Substance (class A, B, and C felonies), as well as Conspiracy in the Second degree (class B felony). 

Those charged in Indictment One include:

DARRELL ANDERSON, 29 years old, Schenectady, NY

BENJAMIN BADGLEY, 29 years old, Clinton, NY

ANDERSON BENOIT, A/K/A “MALI,” 39 years old, Rutland, VT

RONALD BERG, 39 years old, Schenectady, NY

JAMAR BRAYBOY, A/K/A “UN,” 43 years old, Albany, NY

JOHN CHAPMAN, 51 years old, Albany, NY

JESSIE CORNER, 47 years old, Albany, NY

NIEZIER ELLIS, A/K/A “NEECHO,” 26 years old, Albany, NY

RONALD EVANS, A/K/A “GOTTI,” 44 years old, Albany, NY

MANIEF FIELDS, 27 years old, Albany, NY

DEREK GEORGE, 29 years old, Albany, NY

ANTHONY GOLSON, A/K/A “EYE,” 41 years old, Albany, NY

FREDERICK HEIDELMARK, 48 years old, Albany, NY

THOMAS HEMMINGWAY, 41 years old, Albany, NY

DANIEL INGERSOLL, 38 years old, Albany, NY

MAZENE LACY, 41 years old, Albany, NY

CHRISTINA LEWIS, 52 years old, Rensselaer, NY

DONTRAY LUNDAY, 41 years old, Schenectady, NY

ERICA MASON, 38 years old, Warren, NY

JORGE MENDEZ, A/K/A “KUSHIE SUNOCO,” 27 years old, Albany, NY

JOSE MILLER, 52 years old, Albany, NY

TYSHWAN MORRIS, A/K/A “MAC,” 29 years old, Schenectady, NY

LUIS NAVARRO, A/K/A “LV,” 34 years old, Schenectady, NY

JOEMAR NUNEZ, 24 years old, Albany, NY

JOSUE NUNEZ, A/K/A “SWAY,” 40 years old, Albany, NY

RONALD PERSER, 69 years old, Albany, NY

RIZEL SIMS, 31 years old, Montgomery, NY

EMMANUEL SMITH, 50 years old, Warren, NY

ANGEL SOTO, 33 years old, Albany, NY

THERESA STANLEY, 38 years old, Albany, NY

MARCUS VILLANO, 50 years old, Schenectady, NY

KACY WEAVER, 47 years old, Albany, NY

FREDERICK WILLIAMS, 32 years old, Albany, NY

The remaining indictments contain 196 counts and charge 14 people with crimes in relation to their involvement in the narcotics trafficking and weapons possession, including Enterprise Corruption (class B felony), Criminal Sale and Criminal Possession of a Controlled Substance (class B felony), and Criminal Possession of a Weapon (class C, D, and E felonies). 

Those charged in the remaining indictments are:

KAYONTEE BARTEE, 23 years old, Albany, NY

PRINCE CURETON, 28 years old, Albany, NY

PEDRO DAVILA, 26 years old, Albany, NY

EL-SHAQUILLE DOUGLAS, A/K/A “DOLO”, 27 years old, Albany, NY

ALVIN FOY, A/K/A “BHIP”, A/K/A “CHIP”, 18 years old, Albany, NY

DREW GREENE, A/K/A/ “DRIZZY”, A/K/A “TAY K”, A/K/A “SPRAY”, 19 years old, Albany, NY

NICHOLAS HIGGINS, A/K/A “SLICK”, 28 years old, Albany, NY

KEION KIRKLEY, A/K/A “HIT”, 22 years old, Albany, NY

JAHMERE MANNING, A/K/A “SPLASH”, 19 years old, Albany, NY

ZAEQUIAL SHAW, 19 years old, Albany, NY

KYMALE THOMPSON, A/K/A “GLO”, 18 years old, Albany, NY

NEYLON WAGNER, A/K/A “LOTO”, 19 years old, Schenectady, NY

DAION MORRIS, 28 years old, Rensselaer, NY, was charged in a separate, related indictment that was unsealed today containing 13 counts, charging him with Criminal Sale of a Controlled substance (class B felony).

ESHAWN BERKLEY, 23 years old, Albany, NY, was charged in a separate, related indictment that was unsealed today containing 36 counts, charging him with Criminal Possession of a Weapon (C, D, and E felonies).

The charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.

In addition to law enforcement partners, Attorney General James would also like to thank Albany County District Attorney David Soares for his assistance in this investigation.

The investigation was directed by Albany Police Department Detective Bill Norris, under the supervision of Detective Sergeant James Wood; and OCTF Detective Maria Romeo, with the assistance of the National Guard Counter Drug Task Force, under the supervision of Detective Supervisor John Monte and Deputy Chief John McManus. The OAG’s Investigations Division is led by Chief Oliver Pu-Folkes.