Friday, November 5, 2021

Current And Former Metropolitan Correctional Center Employees And Inmates Indicted For Bribery, Contraband Smuggling, Narcotics Distribution, And Obstruction Of Justice Offenses

 

Defendants Include Three Current and Former MCC Employees and Eight Former MCC Inmates Charged with Participating in Wide-Ranging Scheme

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Ryan T. Geach, Special Agent-in-Charge of the Department of Justice Office of the Inspector General New York Field Office (“DOJ-OIG”), and Frank Russo, Director of Field Operations for U.S. Customs and Border Protection in New York (“CBP”), announced today the unsealing of an indictment charging three current or former Bureau of Prisons (“BOP”) employees, as well as eight former inmates of the Metropolitan Correctional Center (“MCC”), of conspiring to smuggle contraband such as drugs, alcohol, and cellphones to inmates at the MCC. Two of the BOP employees were also charged with obstructing justice.  Four of the defendants were arrested today and will be presented before Magistrate Judge Sarah L. Cave later today.  The additional defendants are already in federal custody and will be presented in this District at a later date.   The case has been assigned to U.S. District Judge Andrew L. Carter.

U.S. Attorney Damian Williams said:  “As alleged, MCC corrections officers Perry Joyner and Mario Feliciano, and MCC unit secretary Sharon Griffith-McKnight, undermined the institution they swore to serve by conspiring with the very inmates they are charged to protect by smuggling contraband into the MCC and, in the case of Joyner and Griffith-McKnight, by obstructing the pursuit of justice.  This Office is committed to rooting out corruption in our jails and prisons.”

FBI Assistant Director-in-Charge Michael J. Driscoll said:  “Federal law enforcement officers take an oath to defend the laws of the United States and protect its citizens. We allege the guards we've arrested today acted like nothing more than the criminals in their charge and assisted incarcerated offenders in committing more crimes. Our FBI/NYPD Joint Violent Crimes Task Force is working with our partners to root out the corruption we've uncovered; they will find everyone who should be held accountable for their blatant disregard for the law.”

DOJ-OIG Special Agent-in-Charge Ryan T. Geach said:  “The defendants allegedly engaged in an extensive scheme to introduce dangerous contraband into MCC New York, threatening the safety and security of the institution, inmates, staff, and the public.”

CBP Director of Field Operations Frank Russo said: “As public servants, we are naturally held to a higher standard of conduct and subject to the same laws and rules that apply to private citizens. CBP will fully assist the Department of Justice in any and all investigations involving alleged unlawful conduct by our personnel, including cases that involve conduct which occurred prior to employment with CBP.”

According to the Indictment[1] unsealed today:

The defendants participated in an extensive scheme involving bribery and smuggling of contraband, and the distribution of contraband within the MCC.  The defendants include two current employees of the BOP, PERRY JOYNER and SHARON GRIFFITH-MCKNIGHT, and one former employee of the BOP, MARIO FELICIANO, as well as eight former MCC inmates: DONNELL MURRAY, a/k/a “Don P,” MARKEEN JORDAN, a/k/a “Kingo,” ANTHONY ELLISON, a/k/a “Harv,” TYRELL SUMPTER, a/k/a “Rell,” KEVIN CROSBY, a/k/a “Sama,” DAVID VALERIO, a/k/a “Santana,” a/k/a “Bando,” VIRGILIO ACEVEDO DE LOS SANTOS, a/k/a “Jairo Taveras,” a/k/a “Junior,” and STARLIN NUNEZ, a/k/a “Chino,” a/k/a “Junior.”

The contraband that JOYNER, FELICIANO, and GRIFFITH-MCKNIGHT smuggled into the MCC included controlled substances, cellphones, alcohol, and cigarettes.  For their efforts, JOYNER and FELICIANO agreed to receive, and did receive, bribes from the inmate-defendants.

During the course of the scheme, in an effort to obtain a lesser sentence for ELLISON, GRIFFITH-MCKNIGHT submitted a letter to the District Judge responsible for sentencing inmate and co-defendant ELLISON that falsely described ELLISON as a “model inmate” even though at the time GRIFFITH-MCKNIGHT was smuggling contraband to ELLISON and therefore knew he was anything but a “model inmate.”  Relying on this letter from GRIFFITH-MCKNIGHT, the District Judge who presided over ELLISON’s sentencing remarked that ELLISON’s purported good behavior in prison was “impressive” and that “[u]nless this is some sort of Grisham novel, and people are all corrupt and making all of this up about [ELLISON], it seems to me that it’s unavoidable that [ELLISON’s] trajectory at the MCC contains a lot of good.”

JOYNER obstructed justice by intimidating and threatening an inmate—an inmate that JOYNER was charged with protecting—whom JOYNER believed was providing the Government with information about JOYNER’s participation in the charged scheme.        

A chart containing the names, charges, and maximum penalties for the defendants is 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 assigned to each case.

Mr. Williams praised the outstanding work of the FBI, DOJ OIG, Special Agents from the U.S. Attorney’s Office for the Southern District of New York, and CBP.

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

Attorney General James Releases Statement on Tentative Agreement Between CWA and Catholic Health System

 

 New York Attorney General Letitia James released the following statement on the tentative agreement reached between the Catholic Health System and members of CWA who have been on strike in Buffalo for the past few weeks:

“I am pleased that the hardworking members of CWA reached a tentative agreement with the Catholic Health System and are finally getting the treatment they deserve. These workers put their lives on the line every day to support New Yorkers through this pandemic and beyond, and it’s about time they get treated with dignity and respect. We will continue to stand together to fight for our workers and ensure they have the real pay, real support, and real safety that they deserve.”

CITY REACHES AGREEMENTS WITH FOUR LABOR UNIONS ON VACCINATION MANDATE POLICIES


 

Agreement codifies exemption process and leave policies for employees in these unions; currently 92% of City workers under the mandate are vaccinated

 

 Today, Mayor Bill de Blasio announced agreements with four labor unions regarding the City’s vaccination mandate, including on exemption requests and leave policies. Currently, over 92% of City workers under the mandate are vaccinated. 

 

The unions who have signed the agreement are: DC 37, Teamsters Local 237, Uniformed Sanitationmen's Association Local 831, and SEIU Local 300, who collectively represent approximately 75,000 employees (excluding members employed at DOE or H+H).  

 

“Vaccinations are critical to our recovery and our city workforce is leading the way,” said Mayor Bill de Blasio. “92 percent of city employees have stepped up and gotten vaccinated, and this agreement ensures a fair process for those seeking exemptions. Thank you to these unions for working with us to keep New Yorkers safe.”

 

“We are proud to have negotiated collective bargaining agreements with several unions regarding the vaccination mandate, which provide a process for our employees to request medical or religious exemptions and establish rules for employees on leave without pay. We appreciate the partnership of our labor representatives, and look forward to discussions with the City’s other unions,” said Commissioner of the Mayor’s Office of Labor Relations Renee Campion.

  

Under this agreement, as at the DOE, employees who have applied for an exemption from the vaccine mandate for medical or religious reasons will receive an initial decision from the agency, then have the option to appeal that decision to an arbitrator who will decide the exemption based upon the same criteria used at the DOE. Employees also retain the option of appealing to an internal city panel who would decide the exemption as required by applicable law. This process ensures that those with appropriately justified medical or religious reasons have multiple options for their claim to be adjudicated.

 

Members of unions who have signed this agreement, who filed an exemption request by 11/2 will remain on payroll with weekly testing pending determination of the agency and any appeal. An employee who files an exemption request between 11/3 and 11/5 will remain on payroll with weekly testing pending initial agency determination, but go on leave without pay (LWOP) if appealing that determination.

 

This agreement confirms the City’s right to place unvaccinated employees without an exemption on leave without pay with health benefits effective November 1, or after denial of exemption request depending on the date exemption request was submitted. 

 

Employees on leave without pay may choose to voluntarily separate from service and can maintain health insurance through June 30, 2022.Employees on leave without pay may also elect to extend the leave until June 30, 2022, but agree to separate voluntarily with waiver of right to challenge if not vaccinated by June 30, 2022. In addition, any employee who gets vaccinated while on leave can return to work at their same work location. 

 

As part of this agreement, these unions have agreed to withdraw litigation filed last month which challenged the City’s right to implement the mandate.

 

Thursday, November 4, 2021

DEC ADOPTS NEW REGULATIONS TO PROTECT WILDLIFE MANAGEMENT AREAS

 

New Regulations will Improve Conservation and Safeguard Sustained Public Use

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the adoption of new regulations governing the public use of Wildlife Management Areas (WMA), and the simultaneous repeal of three obsolete area-specific regulations. These regulations will become effective Jan. 1, 2022. DEC’s Division of Fish and Wildlife manages 125 WMAs and several Unique and Multiple Use Areas across the state. Collectively known as the WMA system, these areas comprise nearly 250,000 acres. 

 

“Visitor use and enjoyment of DEC’s wildlife management areas across the state have increased significantly over the years,” Commissioner Seggos said. “To protect these special places for future generations and sustainably welcome visitors, DEC is updating our rules to ensure the WMA system continues to meet the primary goals of conserving wildlife and providing opportunities to safely hunt, trap, and appreciate wildlife.”  

 

DEC adopted the new regulations following a public comment period earlier this year. The full text can be found on the DEC website at https://www.dec.ny.gov/outdoor/7768.html. New regulations include provisions to:  

  • Restrict the use of motor vehicles and some motorized equipment, such as chainsaws, in WMAs. Snowmobiles will be allowed on designated routes covered by a minimum of three inches of snow or ice and only from the close of the regular big game hunting season until March 31. This measure will help prevent the degradation of trails and habitat, particularly during winter and spring thaws; 
  • Prevent the introduction of aquatic invasive species; 
  • Restrict the discharge of firearms other than for hunting or trapping to designated areas. Only paper targets will be allowed; 
  • Restrict the use of boats to electric or non-powered boats. Boats may not be stored or anchored overnight on WMAs;and
  • Require that dogs be kept on a leash and under control. Exceptions include when dogs are being legally used for hunting, training for hunting on lands designated as dog-training areas during training seasons, or when participating in a DEC-licensed field trial. 

Visitors to New York State's WMAs should always be aware of the rules governing the WMA. Each WMA has a webpage that lists featured activities, available facilities, any site-specific restrictions, and a map of the area. For more information, go to: https://www.dec.ny.gov/outdoor/7768.html.


Dark Web Narcotics Trafficker Sentenced to 96 Months in Prison for Distributing Fentanyl, Heroin, Methamphetamine, Cocaine, Oxycodone and Methadone


Defendant Received Cryptocurrencies as Payment for Illegal Narcotics 

  At the federal courthouse in Brooklyn, Joanna De Alba was sentenced by United States District Judge Dora L. Irizarry to 96 months in prison for distributing, and possessing with intent to distribute, illegal drugs over the “dark web.”  De Alba distributed an array of illegal drugs—including fentanyl, heroin, MDMA, cocaine, methamphetamine, oxycodone and methadone—over the dark web in exchange for Bitcoin and other cryptocurrency.  De Alba pleaded guilty in April 2021.   

Breon Peace, United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the sentence.

“The prison sentence imposed on De Alba today demonstrates that her clandestine use of the dark web to distribute a potentially lethal array of powerful drugs like fentanyl, heroin and oxycodone in exchange for cryptocurrency was a failure,” stated United States Attorney Peace.  “This investigation and vigorous prosecution show that we will not allow the dark web to be a haven for drug traffickers.”

“This sentencing demonstrates that drug traffickers are not untouchable by dealing in the dark web,” stated DEA Special Agent-in-Charge Donovan.  “Attempting to hide through anonymity, De Alba became a parent’s worst nightmare by pushing fentanyl, heroin and other dangerous drugs into homes across our many communities.  I applaud the Cyber Investigative Unit- New York Division and the U.S. Attorney's Office Eastern District of New York for their commendable work throughout this investigation.”

The internet contains online marketplaces for narcotics and other contraband on the “dark web,” a part of the internet located beyond the reach of traditional internet browsers and accessible only through networks designed to conceal user identities.  The “Wall Street Market” was a global dark web marketplace that required its users to trade in digital currencies, primarily Bitcoin. 

Between June 2018 and May 2019, De Alba advertised and sold illegal narcotics on the Wall Street Market.  These narcotics included opioids—including fentanyl (concealed as oxycodone pills) and heroin—as well as other potent illegal drugs including oxycodone, cocaine, methamphetamine, ecstasy and other substances containing MDMA.  De Alba took various measures to operate anonymously and conceal her identity, including using the online alias “RaptureReloaded,” using fake company names and shipping addresses, using the name of her deceased husband to receive packages from her suppliers and using credit cards in her deceased husband’s name to fund the tracking of her shipments.  De Alba also directed customers to contact her through encrypted email and messaging services and pay her with cryptocurrency.  De Alba offered free shipping to addresses in the United States and free tracking of all orders.

De Alba participated in over 600 transactions on the Wall Street Market in which she sold more than: 840 grams of heroin; 190 grams of methamphetamine; 1,250 pills of MDMA; and 280 pills of oxycodone.  De Alba also sold more than 750 fake oxycodone pills—pills that actually contained fentanyl, but were concealed and disguised as oxycodone.  De Alba received payment in the cryptocurrencies Bitcoin and Monero, and pocketed approximately 16.32 BTC and 400 XMR, which together are worth more than $1 million.

BRONX MAN INDICTED FOR ATTEMPTED ARSON FOR DOUSING NYPD VAN WITH GASOLINE WHILE TWO OFFICERS WERE INSIDE

 

Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted on Attempted Arson and additional charges for pouring gasoline on a marked NYPD van while two officers sat inside. 

 District Attorney Clark said, “The defendant was allegedly with a large group of people confronting police during a violent protest in front of the 46th Precinct. He went on to allegedly pour gasoline on a NYPD van that had two uniformed Police Officers inside. The Officers luckily drove away to safety, but the defendant’s actions could have seriously hurt someone.” 

 District Attorney Clark said the defendant, Christopher Springs, 22, of 2039 Bathgate Avenue, was arraigned today on Attempted Arson in the second degree, Attempted Arson in the third and fifth degree, second-degree Reckless Endangerment, two counts of second-degree Obstructing Governmental Administration, second-degree Riot and Disorderly Conduct before Bronx Supreme Court Justice Efrain Alvarado. The defendant is due back in court on January 26, 2021.

  According to the investigation, at approximately 8:58 P.M. on September 3, 2021, the defendant and other individuals were in front of the 46th Precinct, located on 2120 Ryer Avenue. Springs and the others allegedly pushed and pulled the barriers that were set up as a blockade to the precinct. At approximately 10:32 P.M., the defendant, who was carrying a gasoline can, allegedly walked up to a marked NYPD van that had its lights activated and two Police Officers sitting inside and poured gasoline on the van.

  District Attorney Clark also thanked NYPD Detective Louis Ducceshi of the Arson & Explosion Squad, and Fire Marshall Joseph Hayes of the FDNY.

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

Governor Hochul Announces Administration Nominations and Recommendations

 

Governor Kathy Hochul today announced new administration nominations and recommendations. 

"New York faces critical challenges ahead, and we need strong, experienced leaders who know how to work with local partners and deliver results," Governor Hochul said. "With wide ranging expertise and backgrounds, Robert Rodriguez, Rossana Rosado, and Minosca Alcantara could not be better suited for the positions for which I've recommended them. I look forward to being able to work with these individuals as we recover from the pandemic and move New York forward." 

Robert J. Rodriguez will be nominated as New York's 68th Secretary of State. Mr. Rodriguez is a uniquely accomplished leader and legislator, with civic and legislative successes that have been focused strategically on investing in and developing public-good infrastructure projects, creating good-paying jobs and addressing financial disparities for historically underrepresented minorities and low-income communities. Mr. Rodriguez has specialized in providing advice to state and local governments, and transportation issuers in the Northeast and Midwest focused on the issues of financial planning, credit rating strategy, managing and executing debt issuance transactions, asset-liability management and public-private partnerships. As a legislator, Mr. Rodriguez serves as a member of the New York State Assembly, Co-Chair of the Legislative Task Force on Demographic Research and Reapportionment, founding Chair of the Assembly sub-committee on Infrastructure and Member of Committees on Ways and Means, Housing, Labor, Banking, Corporations and Authorities and Mental Health. In the private sector, Mr. Rodriguez is a Director at Public Financial Management, the leading municipal financial advisor in the nation. Prior to PFM, Mr. Rodriguez was a Vice-President at A.C. Advisory, Inc. and held various management and operations roles at Bloomberg LP. As a civic leader, Mr. Rodriguez served on a number of volunteer boards including as Chairman of Manhattan Community Board 11 and as a member of the Board of Directors of the Upper Manhattan Empowerment Zone. Mr. Rodriguez is a graduate of Yale University, where he received a B.A. in History and Political Science and New York University Stern Business School where he received an MBA in Finance.  

Rossana Rosado will be nominated as Commissioner, New York State Division of Criminal Justice Services (DCJS). Ms. Rosado served as New York's 67thSecretary of State. Her leadership has made the Department of State one of the most dynamic agencies in State government. She led DOS through a modern restructuring, including the implementation of innovative local government and professional licensing programs.  In 2017, Ms. Rosado implemented the County Wide Shared Services Initiative, which led to the submission of 34 specific county plans in its first year.  In addition, through the Office for New Americans, she launched the Liberty Defense Project, a public-private initiative to bring critical legal services to immigrant New Yorkers. Prior to joining DOS, Ms. Rosado was a dominant force in New York media for 27 years.  A highly-respected journalist and an award-winning producer, Ms. Rosado was a trailblazer for women. She was the first woman to hold the position of Editor-in-Chief, and then Publisher & CEO of El DiarioLa Prensa, the oldest Spanish-language newspaper in the country and the largest Spanish-language daily newspaper in the Northeast. During her 18-year tenure, she established the paper as a leading entity for social and economic justice. Ms. Rosado's dedication as a public servant is far reaching.  She has been at the forefront of issues relative to prisoner re-entry for over a decade and proudly co-chairs the Council on Community Re-entry and Reintegration of New Yorkers, which was established as part of an ambitious criminal justice reform agenda.  In addition, she is the chair of a collaborative effort among the Department of State, the New York State Department of Corrections and Community Supervision and the State Education Department to re-establish and expand the Barbering Program for incarcerated individuals.  This initiative eases the complex re-entry transition by providing education, job skills and opportunity for state occupational licensure prior to release. Ms. Rosado has received numerous awards including an Emmy, a STAR award from the NY Women's Agenda, the Peabody Award for Journalism and the NY Press Club President's award. A native New Yorker, Ms. Rosado received her B.A. in Journalism from Pace University and a MA in Criminal Justice from CUNY's John Jay College. Ms. Rosado will serve as Acting Commissioner until confirmed by the Senate.   

Governor Hochul recommends the Commissioners of the New York State Bridge Authority appoint Minosca Alcantara as Executive Director.  Dr. Minosca Alcantara is Chief of Project Scheduling at MTA Construction & Development, and Commissioner to the Equal Employment Practices Commission for the City of New York. She is an experienced civil engineer with expertise in large, urban project and construction management. Ms. Alcantara has worked as a lead cost/schedule engineer in a variety of projects involving Architectural, Infrastructure and Wastewater management locally and internationally. Dr. Alcantara is also committed to the field of education. She is currently a Board Member at the Summer Science Program (SSP) and Hudson River Community Sailing (HCRS) programs. At the University of Illinois at Urbana-Champaign she designed, implemented and expanded programs that engage K-16 students with STEM, particularly women and other students from groups underrepresented in STEM.  She holds a BS in Civil Engineering from the Universidad Nacional Pedro Henriquez UreƱa, an MA in Construction Management from GWU and EdM and EdD from Columbia University.  She is the mother of three, who all followed in her engineering footsteps.  

The Daffodil Project, 11/8

 

 

Good Afternoon,

 

Join us for 'The Daffodil Project' in remembrance of the victims of 9/11! 
 
Date: Monday November 8th
Time: 2pm - 4pm 
Location: Pelham Organics, Corner of Waring & Paulding Aves
 
For more information or to volunteer, contact us at 718-409-0109 or district80@nyassembly.gov.
 

Best Regards,

 

New York State Assemblywoman Nathalia Fernandez