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Friday, May 20, 2022
Bronx Chamber of Commerce - Bronx Business News You Can Use
Current And Former DEA Agents Indicted For Bribery Scheme
DEA Agent John Costanzo Jr. Charged with Accepting Bribes from Former DEA Agent Manuel Recio in Exchange for Sharing of Sensitive Nonpublic DEA Information
Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James F. Boyersmith, Special Agent-in-Charge of the Department of Justice Office of the Inspector General Miami Field Office, announced today that JOHN COSTANZO JR., a Drug Enforcement Administration (“DEA”) Special Agent, and MANUEL RECIO, a former DEA Assistant Special Agent-in-Charge, were indicted in Manhattan federal court with conspiracy to bribe a public official, conspiracy to commit honest services wire fraud, and honest services wire fraud, for a scheme in which RECIO funneled tens of thousands of dollars to COSTANZO in exchange for COSTANZO providing sensitive law enforcement information to RECIO to assist RECIO in recruiting clients for defense lawyers. In addition, COSTANZO was charged with accepting a bribe from RECIO and RECIO was charged with giving a bribe to COSTANZO. COSTANZO and RECIO were arrested today and presented before Magistrate Judge Barbara Moses. The case has been assigned to U.S. District Judge J. Paul Oetken.
U.S. Attorney Damian Williams said: “The conduct alleged in the indictment violates the core duty of law enforcement officers to protect and serve the public, rather than to use their access to sensitive information to enrich themselves. As alleged, Manuel Recio provided substantial secret payments to John Costanzo Jr., and in exchange, received information about pending DEA investigations, sealed indictments, and impending arrests. It is critical for federal law enforcement officers to preserve the integrity of ongoing investigations and not divulge confidential information to the private sector in exchange for financial benefits.”
According to the Indictment unsealed today in Manhattan federal court:[1]
JOHN COSTANZO JR. is a DEA special agent currently assigned to DEA Headquarters and was a Group Supervisor in the DEA’s Miami Field Office until June 2019. MANUEL RECIO is a former DEA special agent who retired as the Assistant Special Agent-in-Charge for the Miami Field Office in November 2018. Upon his retirement, RECIO began operating his own business, which provided private investigative services to criminal defense attorneys and also helped defense attorneys to recruit clients. From around the time of RECIO’s retirement through around November 2019, RECIO agreed with COSTANZO to provide benefits to COSTANZO in exchange for COSTANZO providing RECIO with nonpublic information about DEA investigations. COSTANZO provided RECIO with information about forthcoming, sealed indictments and nonpublic investigations, such as the identities of individuals charged and the anticipated timing of arrests; and intelligence which COSTANZO obtained from the Narcotics and Dangerous Drugs Information System (“NADDIS”), a DEA database that contains information about individuals who are or have been under investigation by the DEA. RECIO paid COSTANZO for this information, which RECIO used to help recruit new clients for criminal defense attorneys.
As alleged in the Indictment, among the benefits paid to COSTANZO were a $2,500 payment made in November 2018, shortly after RECIO’s retirement from the DEA, which was funneled to COSTANZO through a company owned by a close family member of COSTANZO. At the same time that this payment was made, RECIO began asking COSTANZO to run searches in NADDIS to provide RECIO with nonpublic DEA information about DEA targets and investigations. Following that initial payment, RECIO and others continued to provide benefits to COSTANZO, including tens of thousands of dollars that were funneled from RECIO through a company created by a DEA task force officer, and $50,000 that was paid to COSTANZO through a close family member for COSTANZO’s purchase of a condominium in January and February 2019.
In return, COSTANZO continued to provide nonpublic DEA information to RECIO, including information about the timing of forthcoming indictments and information about DEA arrest plans of particular targets. COSTANZO also searched NADDIS for names of particular individuals requested by RECIO on dozens of occasions during the scheme, and provided RECIO with information and assistance with particular charged defendants represented by attorneys for whom REICO was working. During the scheme, COSTANZO and RECIO took steps to conceal the existence of the scheme, including by structuring the payments from RECIO to COSTANZO through third parties, and through COSTANZO’s use of a cellphone provided by RECIO for communications related to the scheme.
COSTANZO JR., 47, of Arlington, Virginia, and RECIO, 53, of Miami, Florida, are each charged with one count of conspiracy to commit bribery, which carries a maximum term of five years in prison, and one count of receiving or paying a bribe, respectively, which carries a maximum term of 15 years in prison. COSTANZO and RECIO are also charged with one count of conspiracy to commit honest services wire fraud and one count of honest services wire fraud, each of which counts carries a maximum term of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI and the Department of Justice Office of the Inspector General, and thanked the DEA’s Office of Professional Responsibility for its support in this matter.
[1] 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.
WILLIAMS & ARCHILA CALL FOR STATE TO IMMEDIATELY INVEST $1 BILLION IN COMMUNITY BASED-ANTI VIOLENCE INITIATIVES
"From Brooklyn to Buffalo, New York continues to mourn the loss of the 10 people who were killed by a racist, anti-Semitic, white supremacist. As we search for answers, we know that this violence is senseless, and that no answers will suffice in the face of the inexplicable. We also know that we need Albany to act.
"Earlier this year we called for the Governor to allocate $1 billion from the state budget to evidence-based solutions that work to create stability in our neighborhoods, prevent gun violence, and save lives. Instead, the Governor delivered a late budget that allocated nearly $1 billion to a Billionaire in Buffalo for a football stadium to be built outside of the city with the most needs. But Governor Hochul has the opportunity to make things right.
"Comptroller DiNapoli recently announced that New York has a $3 billion revenue stream that remains unallocated by the state. With Albany entering the final few weeks of session, we urge the Governor to act by using the state’s surplus to immediately invest $1 billion in community-based gun violence prevention services, youth programming, and victims’ services. We also call on funding to address hate crimes and to combat the increase of white nationalism across the state. Combined with the holistic public safety measures outlined in our 10-point plan, communities across the state can not only feel and be safe, but thrive.
"The Governor recently spoke about living 10 minutes from where the horror occurred in Buffalo, expressing concern because the community is a food and transportation desert. She now has the opportunity to truly address those and other needs she has recently appeared to discover."
CONSUMER ALERT: Attorney General James Warns New Yorkers of Summer Rental Scams
With Summer Approaching, AG James Offers Tips to New Yorkers to Avoid Scams When Booking Vacation Rentals
New York Attorney General Letitia James today warned New Yorkers of scams on vacation rentals and offered tips on how to avoid them as summer approaches. As millions of New Yorkers plan their getaway trips and look to rent homes, they should be mindful of scammers that misrepresent rentals or list fake homes online that do not actually exist, tricking consumers into paying and leaving them with nowhere to stay. To protect people from this fraud, Attorney General James encourages New Yorkers to verify their host and booking before making a payment. Attorney General James urges New Yorkers to report any summer scams to her office.
“Scammers don’t take the summer off,” said Attorney General James. “Summer plans can quickly melt if consumers aren’t careful when they book their getaway. Vacation fraud happens every year, but there are ways to avoid it and protect yourself from getting burned. School might be out, but don’t forget to do your homework — take the time to verify the host and read online reviews to ensure that vacation rentals are real and not a dupe. All year, my office is working to protect New Yorkers’ wallets from scammers, and we encourage anyone to report this fraud to our office.”
Attorney General James recommends consumers take the following precautions before booking their summer getaway:
Verify the host. Make sure the renter or host has a valid address and phone number.
Make sure the listing has reviews and read the reviews. Be wary of listings on websites like Airbnb or VRBO that do not have any reviews listed. When reading reviews, check for multiple reviews that repeat the same phrases — that could be a sign that the reviews are fake.
Check that the photos have not been stolen from another website. Use reverse image search of photos of the rental to ensure that the photos have not been listed on another website.
Communicate only through the listing site before booking. One way that scammers try to trick consumers is by first posting a listing on a site like Airbnb or VRBO, and then requiring you to communicate directly with the host outside the website or app to book the listing. Do not share your email address or phone number with the host or renter before your booking is accepted.
Only book with a credit card or debit card. Use verified payment sources such as a major debit or credit card, which can be traced in the event something goes wrong. One advantage of using a credit card specifically is that you have certain protections under the Fair Credit Billing Act, which allows you to dispute unauthorized charges.
Only make payments through the listing site. If using a site such as Airbnb or VRBO, make all payments through the site, as they may be able to refund you if you are later defrauded.
Never make wire payments or cash payments. NEVER make a payment using a wire transfer service or money transfer service such as Western Union, Money Gram, Zelle, CashApp, or Venmo.
Rent security deposits. You may be asked to make a security deposit. Generally, you cannot be required to pay more than one month’s security deposit. The owner can apply the security deposit to cover any damages caused by you or unpaid rent but otherwise must return the deposit to you at the conclusion of the rental.
Know your rights. It is illegal for a host to deny a vacation rental to you based on your race, religion, national origin, sex, sexual orientation, gender identity, military status, disability, or marital status. If you believe that you have been discriminated against or harassed based on any of these protected classes, you can file a complaint with the New York State Division of Human Rights.
To report a summer scam, contact the Office of the Attorney General’s Consumer Frauds Bureau.
Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 = MAY 20, 2022
23 Statewide Deaths Reported Yesterday
Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.
"The best way to stay out of the hospital and avoid serious illness from COVID-19 is to get fully vaccinated and stay up to date on your booster doses,” Governor Hochul said. "Also, be sure to get tested to ensure you’re not spreading COVID-19 to your loved ones. And if you test positive, talk to your doctor about treatment. Let’s not get complacent and keep using these tools to stay safe.”
Today's data is summarized briefly below:
Cases Per 100k – 53.51
7-Day Average Cases Per 100k – 48.24
Test Results Reported – 120,323
Total Positive – 10,458
Percent Positive - 8.31%**
7-Day Average Percent Positive – 8.66%**
Patient Hospitalization - 2,638 (-20)
Patients Newly Admitted - 443
Patients in ICU - 249 (-4)
Patients in ICU with Intubation - 91 (-8)
Total Discharges - 303,440 (+440)
New deaths reported by healthcare facilities through HERDS - 23
Total deaths reported by healthcare facilities through HERDS - 55,877
** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.
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.
Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.
Total deaths reported to and compiled by the CDC - 71,321
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 - 38,761,757
Total vaccine doses administered over past 24 hours – 25,698
Total vaccine doses administered over past 7 days - 146,198
Percent of New Yorkers ages 18 and older with at least one vaccine dose - 92.6%
Percent of New Yorkers ages 18 and older with completed vaccine series - 83.9%
Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%
Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 87.2%
Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 83.4%
Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 73.4%
Percent of all New Yorkers with at least one vaccine dose - 82.1%
Percent of all New Yorkers with completed vaccine series - 74.3%
Percent of all New Yorkers with at least one vaccine dose (CDC) - 90.4%
Percent of all New Yorkers with completed vaccine series (CDC) - 77.2%
Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:
Borough | Tuesday, May 17, 2022 | Wednesday, May 18, 2022 | Thursday, May 19, 2022 |
Bronx | 3.73% | 3.97% | 4.30% |
Kings | 5.07% | 5.33% | 6.85% |
New York | 6.02% | 6.12% | 6.83% |
Queens | 5.15% | 5.26% | 6.84% |
Richmond | 6.71% | 6.51% | 7.74% |