BRONX WOMAN INDICTED FOR STEALING MORE THAN $27,000 FROM 9 PEOPLE SEEKING AFFORDABLE HOUSING

 

Defendant May Have Defrauded Dozens More; She Allegedly Threatened Some Victims with Deportation

 Bronx District Attorney Darcel D. Clark today announced that a Bronx woman has been indicted on Grand Larceny, Criminal Possession of Stolen Property and additional charges for taking thousands of dollars in deposits for rent-stabilized apartments she did not deliver. 

 District Attorney Clark said, “The defendant allegedly took deposits from people seeking housing, and never delivered a key and finalized lease. Our investigation found she allegedly threatened several prospective tenants by saying she would call immigration authorities to have them deported. It is believed she preyed on dozens of other people, and we are asking anyone who may have been victimized to contact our Civilian Complaint Unit at (718) 838-7040.” 

  District Attorney Clark said the defendant, Stephanie Antonio, 27, of East 182nd Street, was arraigned today before Bronx Supreme Court Justice Efrain Alvarado on six counts of thirddegree Grand Larceny, six counts of third-degree Criminal Possession of Stolen Property, nine counts of fourth-degree Grand Larceny, nine counts of fourth-degree Criminal Possession of Stolen Property, first-degree Scheme to Defraud, nine counts of Petit Larceny, nine counts of fifth-degree Criminal Possession of Stolen Property, second-degree Scheme to Defraud, and second-degree Criminal Impersonation. She is due back in court on February 28, 2022.

 According to the investigation, between May 17, 2019 and September 30, 2019, the defendant told victims she was an employee of a property management company and had a real estate license. Although she was briefly employed by the property management company, it was only to take photos for its Instagram page. The defendant allegedly used that position to gain access to keys for apartments used in the scam. She allegedly took thousands of dollars from victims in deposits for apartments she could not and was unlicensed to deliver.

 According to the investigation, the defendant intimidated multiple victims by threatening to call the U.S. Immigration and Customs Enforcement (ICE) and have them deported if they were to go to police. In one instance, she filed an assault case against one victim that was later dropped when the victim showed proof that she was working at the time.

 District Attorney Clark also thanked the NYPD Bronx Grand Larceny Squad, specifically Detective Kenneth Hines.

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

JUMAANE WILLIAMS ANNOUNCES CANDIDACY FOR GOVERNOR OF NEW YORK STATE

 

New York City Public Advocate Jumaane D. Williams today announced his candidacy for Governor of New York State. The announcement comes after a seven-week exploratory phase, during which Jumaane visited and spoke with communities from Long Island and Brooklyn to Rochester, Buffalo and beyond.

“I’ve spent my life fighting for and creating change on behalf of the people – in the streets and in the halls of governmen​​t. Public service is about meeting people where they are, and delivering what they need,” said Jumaane D. Williams in announcing his run. “In this moment, I believe we need bold, principled progressive leadership in Albany to move our state forward with justice and equity, no matter the political winds. I’m honored to announce my candidacy to be the next Governor of New York, humbled by this opportunity to empower the people and renew New York, and excited to share my vision of structural change with communities all across the state I love.”

In a video released Tuesday morning, Jumaane spoke about his time growing up in Brooklyn with Tourette Syndrome and ADHD, his time as an organizer, and how he has incorporated that work into a decade of service as an elected official. He highlights the need for creative progressive leadership for New York to move forward, to solve long standing issues faced by New Yorkers and perpetuated by the current entrenched systems.

Jumaane has been Public Advocate, the second-highest ranking elected official in New York City, since 2019. Prior, Jumaane served over nine years in the New York City Council. He mounted a progressive insurgent primary campaign for Lieutenant Governor in 2018 while a City Council Member, winning a majority in New York City and garnering 47% of the vote statewide. He has also served as director of a statewide housing justice organization, and has continued to work to unite communities across the state to solve shared issues and pursue shared goals. 

Since becoming Public Advocate, Jumaane has passed more legislation than any of his predecessors throughout their tenure, ranging from protecting affordable housing and promoting racial equity in development to codifying the right to record police activity. In his time in public office, he has passed 68 bills into law, including legislation to curb the abuses of stop and frisk, to ban the box on job applications, to promote sustainable infrastructure, and to protect against discrimination on the basis of reproductive health decisions.

Jumaane is a first generation American of Caribbean heritage who in 2010 became the first elected official in the nation with Tourette Syndrome. His areas of focus throughout his time in public service have included, among others, housing affordability and housing justice, public safety, gun violence prevention, and racial and economic equity.

TRANSCRIPT:

 

My Tourette’s has never defined me – but it has represented a truth about my life and my work– I’m always moving.  

When you’re a kid in school, moving makes you a troublemaker, a problem. When you’re a young Black man under the abuses of stop and frisk, moving makes you a target, a suspect. When you’re an activist, moving is a mantra, a means of creating change. When we organize, we build a movement, a march forward.

Marching is a statement of purpose and of progress. A demonstration. When I was arrested marching in a parade, it demonstrated the human impact of discriminatory policing. When we marched down 5th Avenue, it demonstrated our commitment to end it. When I marched to block a deportation, it demonstrated the obligation we have to do what we can, to move toward justice.

Right now our state needs to move forward. From a pandemic, from an era of scandal, and from old ways of governing that have failed so many for so long.

 

For over a decade in office I’ve shaken things up while passing nearly seventy laws on behalf of the people and more than any Public Advocate in history. As I move around our state I can see that we all want similar things, face similar obstacles, struggle against the same entrenched systems.

There is a movement building in New York. A courageous progressive movement that challenges the powerful – and helps restore that power to the people. A movement I’m proud to be a part of. Because without courageous progressive leadership, the way things have always been will stand in the way of what they can be.

I’ve never been one to sit still. When I see injustice or inertia, I’m moved to action. My name is Jumaane Williams, and I’m running for Governor of the State of New York.

Council Member Ruben Diaz Sr. - A HUMANITARIAN TRIP TO THE DOMINICAN REPUBLIC

 

WHAT YOU SHOULD KNOW

By Councilman Rev. Ruben Diaz

You should know that on the week of November 29^th to December 6^th 2021, I will be travelling to the Dominican Republic, with a delegation of 20 fellow ministers, members of The New York Hispanic Clergy Organization.  

 

We graciously accepted the invitation to collaborate in this humanitarian effort.  This invitation was extended by Mr. Victor Dumé, the Bavaro’s International Airport Director of Community Affairs, and Mrs. Elida Almonte, President of the Dominican Chamber of Commerce U.S.A. and the official spokesperson for the "Comité de Altagracianos USA Pro Bavaro’s Airport”.   

  

Joining this effort are the pastors and ministers from the underserved provinces of Higüey and La Ceiba in Bavaro.   The delegation of ministers that, with the help and blessing of our God, will be accompanying me from New York City will be staying at the Hotel Ancora in Punta Cana.

  

The Ministers and Pastors of Higuey and La Ceiba in Bavaro, have coordinated a health fair for two (2) days with the distinguished and respected Dr. Cruz Jiminian, and a baseball Clinic for 300 Children.  Also on the agenda are different visits and interviews with various leaders and officials of the Dominican Republic.

  

a)  The Health Fair will be held at the Public School of La Ceiba in Bavaro and will   be headed by the Dr. Cruz Jiminian Foundation, The Oviedo Optical Foundation and the Ramon Álvarez Foundation.

 

b)   The Baseball Clinic for the 300 children will be held in the auditorium of the area of “La Otra Banda” in Higüey and will be led by the distinguished athletes Rafael Landestoy, Director of the New York Mets in the Dominican Republic, Mr. Mario Melvin Soto and Mr. Leo Hernández.

 

This trip is of paramount importance to The New York Hispanic Ministers of New York where they hope to establish a close, friendly, and ministerial relationship with the Pastors and Ministers of the area and thus continue planning and conducting humanitarian efforts and social benevolent events in the future.

 

I am Councilman Rev. Ruben Diaz, and this is What You Should Know.

47 Days and Counting Come to Times Square New Years Eve

 

We have taken all the steps needed to end the COVID -19 virus in New York City, and we have made great sacrifices the past two years to get over the COVID-19 virus, to welcome in 2022 we will celebrate New Years Eve at Times Square this year. 

You are invited to Tomes Square to celebrate the ball dropping, and the end of my eight years as your mayor. Only people who have their real full COVID-19 vaccination cards and a valid photo ID will be admitted. We will publish other rules for those who can not take the COVID-19 vaccination shots, including wearing face masks, or anything else we want. 

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - NOVEMBER 15, 2021

 

53,987 Vaccine Doses Administered Over Last 24 Hours  

27 COVID-19 Deaths Statewide Yesterday '

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.  

"Our fight against COVID-19 is not over, but the vaccine helps us maintain the progress we've made in keeping each other safe and healthy," Governor Hochul said. "Winter months are fast approaching and we cannot let our guard down. Wear a mask indoors, wash your hands, and if you haven't gotten your vaccine, now is the time to do so. Booster shots are also available to those who continue to feel at risk to the virus. With expanded eligibility and shots readily available, getting your vaccine is as easy as ever."

Today's data is summarized briefly below:

• Test Results Reported - 113,955
• Total Positive - 4,572
• Percent Positive - 4.01%
• 7-Day Average Percent Positive - 3.30%
• Patient Hospitalization - 1,963 (+48)
• Patients Newly Admitted - 234
• Patients in ICU - 404 (+5)
• Patients in ICU with Intubation - 211 (-5)
• Total Discharges - 211,578 (+188)
• New deaths reported by healthcare facilities through HERDS - 27
• Total deaths reported by healthcare facilities through HERDS - 46,037

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

• Total deaths reported to and compiled by the CDC - 58,623

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

• Total vaccine doses administered - 28,446,997
• Total vaccine doses administered over past 24 hours - 53,987
• Total vaccine doses administered over past 7 days - 645,904
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 84.9%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 77.6%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 89.1%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 79.8%
• Percent of all New Yorkers with at least one vaccine dose - 72.7%
• Percent of all New Yorkers with completed vaccine series - 65.7%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 75.9%
• Percent of all New Yorkers with completed vaccine series (CDC) - 67.6%

Former CEO Of Publicly Traded Houston Company Sentenced To Three Years In Prison For Accounting Fraud And Misappropriation Schemes

 

Damian Williams, the United State Attorney for the Southern District of New York, announced today that JEFFREY HASTINGS, the former Chief Executive Officer and Chairman of the Board of Directors of SAExploration Holdings, Inc. (“SAEX” or the “Company”), a publicly traded seismic data company based in Houston, Texas, was sentenced today in Manhattan federal court to three years in prison for his role in a scheme to fraudulently and materially inflate the publicly reported revenue of SAEX by tens of millions of dollars, in 2015 and 2016, and also for misappropriating millions of dollars from the Company. On August 13, 2021 HASTINGS pled guilty before U.S. District Judge Gregory H. Woods, who imposed today’s sentence.

According to the Superseding Information, the Superseding Indictment, and the Complaint filed in this case, and statements made in connection with sentencing:

At all times relevant to the Information until August 2016, HASTINGS was the Executive Chairman of the Board of Directors of SAEX (the “Board”). After August 2016, HASTINGS served as both the Chairman of the Board and the Chief Executive Officer (“CEO”) of SAEX until he separated from the company in August 2019. SAEX was a publicly-traded seismic data acquisition company headquartered in Houston, Texas, that traded under the symbol “SAEX” on the NASDAQ. In May 2020, SAEX was delisted from the NASDAQ and, in December 2020, was taken private. SAEX provided land and marine-based seismic acquisition services including program design, planning and permitting, camp services, survey, drilling, recording and processing.  Seismic data is used by oil and gas companies to identify and analyze drilling prospects and maximize successful drilling.

From February 2015 through May 2019, HASTINGS, together with Brent Whiteley, the then Chief Financial Officer and General Counsel of SAEX; Michael Scott, the then Executive Vice President of Operations at SAEX; and the founder, and at various times the President, CEO, and Chief Operating Officer of SAEX (“CC-1”), devised and carried out a scheme to defraud SAEX’s shareholders, bondholders, and the investing public by artificially and materially inflating SAEX’s reported revenue by making it appear that Alaskan Seismic Ventures, LLC (“ASV”) was an independent and reliable source of tens of millions of dollars of revenue.

In February 2015, HASTINGS and Whiteley discussed finding a way for SAEX to take advantage of certain tax credits offered by the State of Alaska to seismic data library companies, to offset the costs of exploring for oil and gas in Alaska (the “Alaska Tax Credits”). The Board of SAEX was opposed to operating its own data library company because of concerns about the ability to ensure payment to SAEX, including through the monetization of Alaska Tax Credits, among other reasons. To avoid the appearance that SAEX was operating a data library company that licensed data to third parties, HASTINGS and Whiteley set up ASV, to purport to operate as an independent customer purchasing seismic data from SAEX and licensing it to third parties. HASTINGS recruited an acquaintance to serve as the owner and sole employee of ASV. In truth and in fact, and as hidden from investors, ASV was not independent and could not pay SAEX for its seismic data.

After setting up ASV, HASTINGS and Whiteley created and caused to be created a number of shell companies (the “Shell Companies”) for the purpose of secretly transferring funds from SAEX into ASV. One of the Shell Companies, Global Equipment Solutions (“Global Equipment”), was purportedly an equipment rental company from which SAEX rented seismic acquisition equipment. In truth and in fact, and as HASTINGS and his co-conspirators well knew, SAEX did not rent any equipment from Global Equipment and did not owe Global Equipment any money. The co-conspirators took steps to make the payments from SAEX to Global Equipment appear legitimate to others at SAEX; for example, Whiteley drafted a lease agreement between SAEX and Global Equipment, and Scott caused fake purchase orders to be created that purported to show expenses incurred by SAEX as a result of renting equipment from Global Equipment.

By the end of 2015, SAEX had recorded on its books approximately $12 million in payables to Global Equipment. HASTINGS and his co-conspirators ultimately routed approximately $5.8 million of SAEX’s funds through Global Equipment, and the other Shell Companies, to ASV. That money then went from ASV back to SAEX to pay outstanding receivables. The fact that these funds belonged to and originated with SAEX was not disclosed to investors.  HASTINGS and his co-conspirators referred to this portion of the scheme as “round-tripping.”     In addition, HASTINGS and Whiteley then misappropriated more than $5 million of the funds that SAEX transferred to Global Equipment for their own use, including making payments to Scott and CC-1, among others.   

In addition to his prison term, HASTINGS, 63, of Anchorage, Alaska and British Columbia, Canada, was sentenced to two years of supervised release and ordered to pay a forfeiture money judgment in the amount of $590,807. Judge Woods deferred determination of restitution for 90 days.

Two co-defendants – Brent Whiteley and Michael Scott – have already pled guilty and await sentencing before Judge Woods.

Mr. Williams praised the investigative work of the Federal Bureau of Investigation and thanked the Securities and Exchange Commission, which brought a separate civil action. 

En Route to White House for Infrastructure Bill Signing, Governor Hochul Announces No MTA Fare Hikes This Year, No Service Cuts Through 2024

 

Governor Hochul: "We anticipate that there'll be no fare hikes for the MTA. So therefore, those of you who are commuters on the MTA and have been anxious about how much this is going to go up, especially in this era of inflation, I'm really excited to say that we will not have to raise the fairs or have any service cuts. The service cuts that were planned for 2023 and 2024 are now off the table for MTA commuters."

 "Good morning and thank you Phil and I am a little bit rushed this morning but what a great reason to be here in this extraordinary airport. I've been here many times Phil as we announced new improvements, new lines for some of the airlines and just talk about how we can expand services so thank you for your leadership.

Also we are joined by Sam the Airport Board President and the great work he does on behalf on the NYS Firefighters Association and my fabulous partners in local government. Mayor Kathy Sheehan and our County Executive Dan McCoy, who has worked with me so closely on many projects. We are very excited to be embarking on a flight right now to leave to go to Washington D.C. I was invited by President Biden along with a select number of governors from states that will be recipients of this funding. 

This is a $1.2 trillion generational opportunity to transform infrastructure in America. And I feel like this is long overdue, it has been long overdue. As a young staffer and attorney for Senator Daniel Patrick Moynihan, who was on the infrastructure committee, we talked about projects like these and investing money earlier so that the cost does not continue to rise. And that's why this is so smart.

I want to thank Senator Schumer and Speaker Nancy Pelosi and all the people who stood up to cast the vote that made this happen. And in order for them to know we are appreciative, I am going to make sure that they know that we are giving credit where credit is due. And it took a lot of negotiation, a lot of involvement of a lot of people and I want to thank our local partners as well as our federal partners for getting this done.

What this means. Billions of dollars coming to the state of New York for critical and long overdue infrastructure projects. More than 14 billion dollars for New York roads and bridges, 10.5 billion for our transit systems across our state, 3 billion for clean water, 100 million for continued broadband deployment, something that we hear about every single day. I continue as Governor and no longer as Lt. Governor, but I still travel the state, I know the vulnerability when our cellphone drops and we say why. So we have to get that fixed as well.

As well as hundreds of millions of dollars for climate resiliency projects across the state. What this means is we will have the 21st century infrastructure that we deserve and to make sure that we focus on projects all the way across the state from the I-81 project in Syracuse, something that was a relic of days past and has divided communities since the days I was a young student at Syracuse University. All the way to Penn Station where I declared that commuters deserve a world-class experience when they visit as well as our visitors from around the world. So the Infrastructure Investment and Jobs Act will help New York create thousands of jobs across the state. 

That's what gets me so excited. This is an opportunity in this post-pandemic world to let people know, get the skills, go into apprenticeship programs, get trained. There's jobs, waiting for you to help rebuild this great state after we were knocked down so far. 

We're going to come back even stronger, even better than before. And I spent a lot of years in local government as well. So when people talk about the need for the infrastructure that you don't see underground, the water, the sewer connections, the storm water drainage programs that we can build better resilience in, so I never have to walk the streets of a place like East Elmhurst in Queens and see people's homes flooded and devastated because they just couldn't withstand the amount of water. This is what our opportunity is before us right now. And I'm looking forward to embrace this. We are at an airport. I want to thank again my local partners.

Money for airports is critically important. Yes, this is people's first impression when they come to a community. You could off the plane, you'll walk through, you take a look around. Is this a community that is proud of itself? Is this something that they want to send a message that this is a community that truly matters? And for too long, our upstate airports were overlooked. They didn't have the funding they required. So we will be receiving, our local airport here, $28.6 million for the Albany Airport. We'll modernize the runways we'll reduce noise and continue new investments right here in this terminal. I also look forward to not just working with President Biden, but his brand new recently named czar of infrastructure spending.

I'll be on speed dial with Mitch Landrieu, former mayor of New Orleans, someone we're going to develop a very close relationship, and to make sure that everyone understands how important this is. So I'm looking forward to going back. If you catch me on the end of the day, I hope to have a big bag of money in my hands - bringing it back for the State of New York, because this is an investment, not just on infrastructure. 

Infrastructure is a term that a lot of people can't quite get their arms around. This is an investment for New York State families. This means that parents do not have to worry about the safety of the water that comes out of the tap for their babies and children to drink. That when people are in their cars, and I know I have a personal experience at just about every pothole in the State of New York. This, this affects your image of a community. The curbs are run down and you're feeling that there's just too many potholes and it's affecting just your overall wellbeing. We can fix those potholes. This is about quality of life issues.

And also again, broadband. How important it is for our rural and urban areas. We talked about the great digital divide that was absolutely exacerbated by what we went through, and kids had to be learning from home and people couldn't apply for jobs because they don't have access to internet or even to apply for school scholarships.

I've seen this way too often, but I'm real excited to make one more announcement. We've done the numbers. And as a result of the money we'll be receiving from the president signing the bill today, I'll be witnessing this. We anticipate that there'll be no fare hikes for the MTA. So therefore, those of you who are commuters on the MTA and have been anxious about how much this is going to go up, especially in this era of inflation, when it just seems when you're just trying to get your head above water and come out from under a long dark period of the pandemic, and you might get a little bit more money in your paycheck, that the cost of living from gasoline to the cost of turkeys in another week and a half, this is really affecting people's ability to just put food on their table. And I'm really excited to say that we will not have to raise the fairs or have any service cuts. The service cuts that were planned for 2023 and 2024 are now off the table for MTA commuters.

So this is important. We'll look forward to working with our stakeholders. Keep investing, keep spending the money. And with that, I'll take a couple of questions, again thank my partners. There'll be willing to stay and take some questions afterward about very specifically how this money will be spent and Phil can join in to describe this, but I'm not going to keep the president waiting more than a couple minutes.

So thank you for joining us today. I'm really excited about this as Governor of the state of New York, who will preside over the comeback of New York State, the timing could not be better. And again, I'm so grateful for our partners in Washington, starting with president Joe Biden, for making this happened for millions of New Yorkers who remember this day is the day that we turned the corner.

We were able to start rebuilding and making up for decades of lost time when the money should have been there. And Joe Biden and our allies in the Senate and the Congress were able to make it happen for us. So thank you."

Manhattan Real Estate Fund Manager Charged With Securities Fraud Offenses

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, the Inspector-in-Charge of the New York Division of the U.S. Postal Inspection Service (“USPIS”), announced today the unsealing of an indictment charging JOSHUA BURRELL with securities fraud, wire fraud, and aggravated identity theft in connection with his operation of a New York-based investment firm, Activated Capital, LLC.  Based on fraudulent representations, BURRELL sought to raise up to $75 million for Opportunity Zone Funds, which are vehicles for making real estate investments in economically distressed areas.  BURRELL touted Activated Capital’s Opportunity Zone Funds for delivering consistent and stable cash flows to investors through targeted eight percent annual distributions.  However, contrary to BURRELL’s claims, Activated Capital’s funds did not generate enough income on their real estate investments to make those payments, and BURRELL used investors’ money to help make up the shortfall.  BURRELL was arrested this morning in Richmond Heights, Missouri, and is expected to be presented tomorrow before United States Magistrate Judge John Bodenhausen in St. Louis federal court.

U.S. Attorney Damian Williams said: “As alleged, Joshua Burrell solicited investors through a series of lies.  While promising investors transparency, he doctored documents and falsely depicted his firm’s finances.  Now, Burrell faces prosecution for his alleged crimes.”

USPIS Inspector-in-Charge Philip R. Bartlett said: “Mr. Burrell’s scheme is unfortunately not an uncommon scam in the investment community. Investors must always check and double check any firm or individual promising guaranteed positive returns to ensure they will not be taken for a ride. It is a good practice for all investors to trust their gut. If it doesn’t seem right, walk away.”

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

From in or about 2019 through in or about 2021, BURRELL sought to obtain tens of millions of dollars of investments for the Activated Tax Advantaged Opportunity Fund, LLC, and Activated Capital Opportunity Zone Fund II, LLC (collectively, the “Activated OZ Funds” or the “Funds”) based on fraudulent representations.  BURRELL represented, in substance, that the money invested in the Activated OZ Funds would be used to purchase real estate properties in Opportunity Zones and that investors would receive distribution payments out of the Funds’ net real estate investment income.  Contrary to those representations, BURRELL caused the Activated OZ Funds to pay putative distributions in amounts greater than the Funds’ net income.  From the inception of the Funds in 2019 through approximately February 2021, BURRELL used investor money to help pay distributions totaling approximately $470,000 in a manner akin to a Ponzi scheme.  BURRELL also falsely inflated Activate Capital’s assets under management in communications with prospective investors.

To attract additional investment capital for the Activated OZ Funds, BURRELL sought to establish a partnership with an investment bank headquartered in Manhattan (“Company-1”).  As part of Company-1’s diligence process, Company-1 asked BURRELL for “[b]acking to show current fund proceeds/acquisitions made.”  In response to these requests, BURRELL fabricated documents to make it appear that the Activated OZ Funds were more successful, owned more properties, and were in better financial condition than was actually the case.  For example, BURRELL sent Company-1 fake bank statements making it appear that, for the period July 2019 through October 2019, one of the Activated OZ Funds had ending monthly account balances of between approximately $2,094,450 and $2,463,100 when the real account statements for that period showed ending monthly balances of between only $116,369 and $154,399.

BURRELL fabricated additional documents to make it appear to Company-1 that an Activated Capital affiliate had purchased nine properties in Detroit, Michigan, when none of the transactions had taken place.  The fabricated documents contained identifying information for two individuals that BURRELL used without lawful authority.

JOSHUA BURRELL, 38, of New York, New York, faces a maximum sentence of 20 years in prison on each of the securities and wire fraud counts and a mandatory sentence of two years in prison on the aggravated identity theft count, which must run consecutively to any other sentence of imprisonment.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of a defendant would be determined by the judge.

Mr. Williams praised the investigative work of the U.S. Postal Inspection Service.  Mr. Williams also thanked the Securities & Exchange Commission, which brought a separate civil action against BURRELL.

The charges contained in the Indictment 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 Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.