Colombian Drug Kingpin and Paramilitary Leader Sentenced to 35 Years in Prison for Operating a Continuing Criminal Enterprise and Conspiring to Provide Material Support to a Foreign Terrorist Organization

 

Daniel Rendon Herrera, a.k.a. “Don Mario,” Ordered to Pay $45.7 Million in Forfeiture

Daniel Rendon Herrera, also known as “Don Mario,” a citizen of Colombia, was sentenced by United States District Judge Dora L. Irizarry to 35 years’ imprisonment for engaging in a continuing criminal enterprise as a leader of the paramilitary, multibillion dollar drug organization known as the “Clan del Golfo” (CDG), and 15 years’ imprisonment for conspiring to provide material support to a designated foreign terrorist organization, the Autodefensas Unidas de Colombia (AUC).  The sentences will run concurrently.  As part of the sentence, the Court ordered Rendon Herrera to pay $45,750,000 million in forfeiture. The defendant pleaded guilty to the charges in November 2021.

Breon Peace, United States Attorney for the Eastern District of New York; Damian Williams, United States Attorney for the Southern District of New York; Matthew G. Olsen, Assistant Attorney General for the Justice Department’s National Security Division; Frank A. Tarentino III, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Michael Alfonso, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Keechant L. Sewell, Commissioner, New York City Police Department (NYPD); and Steven A. Nigrelli, First Deputy Superintendent, New York State Police (NYSP), announced the sentence.

“Once the most feared narco-terrorist in Colombia, today marks the end of the criminal career of Rendon Herrera, responsible for importing tons of cocaine, fueling violence, perpetuating drug abuse leaving a wake of destruction from Colombia to the United States, and stained with the blood of rival drug traffickers and civilians who were tortured and killed by the Autodefensas Unidas de Colombia,” stated United States Attorney Peace.  “Our Office remains committed to cooperating with our international partners to dismantle transnational criminal organizations like the Clan del Golfo.”

“Daniel Rendon Herrera was one of the most prolific drug traffickers to ever operate in Colombia,” stated DEA Special Agent-in-Charge Tarentino.  “As leader of the AUC and Clan del Golfo, Don Mario was responsible for not only importing multi-ton quantities of cocaine into the United States, but also for terrorizing the citizens of Colombia for financial gain.  Today’s sentencing underscores DEA’s commitment to bringing to justice drug traffickers at the highest levels who cause the most harm throughout our communities.” 

“These paramilitary drug cartels may seem to be a world away, but they have a deadly impact on communities here in New York City.  Today’s sentencing demonstrates we and our partners remain committed to pursuing the leadership of these organizations and will hold them accountable for the devastation they cause,” stated FBI Assistant Director-in-Charge Driscoll.

“Starting in the late 1990’s, Rendon Herrera was the leader and mastermind behind a Foreign Terrorist Organization and Specially-Designated Global Terrorism Organization.  Under his leadership, Clan del Golfo (CDG) was responsible for heinous acts of violence, often leaving death and destruction in its wake to further the organization’s global cocaine trafficking network,” said Homeland Security Investigations (HSI) New York Acting Special Agent in Charge Michael Alfonso.  “Today’s sentencing and ordered forfeiture demonstrates the weight of Rendon Herrera’s crimes.  HSI will continue to work ceaselessly alongside our partners to protect Americans by dismantling and disrupting transnational criminal organizations and bring their leaders to justice.”

“This sentencing reinforces the NYPD’s tireless work to rid our city of illegal narcotics and ensures meaningful consequences for one of the world’s most notorious narcotics traffickers,” said NYPD Commissioner Sewell. “The drugs and violence linked to this case knew no borders – but neither did the combined efforts of our NYPD officers and law enforcement partners as we collaborated on the local, state, federal, and international levels to achieve justice. For their sustained dedication, I am proud to thank the U.S. Attorney’s Offices for the Eastern and Southern Districts of New York, the U.S. Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the New York State Police, and everyone else who contributed to this successful outcome.”

As set forth in the court filings and proceedings, since the late 1990’s, Rendon Herrera was a leader of the designated foreign terrorist organization, the AUC, and founder and leader of the CDG, formerly and also referred to as Los Urabeños and Clan Usuga, effectively the successor organization to the AUC. 

The AUC, founded in 1997, was a Colombian paramilitary and drug-trafficking organization, designated in 2001 by the United States Department of State as a Foreign Terrorist Organization and Specially-Designated Global Terrorism Organization.  The AUC engaged in armed conflict with the Fuerzas Armadas Revolucionarios de Colombia (FARC), Colombia’s main guerilla group, and sought to remove FARC sympathizers from positions of power and influence in Colombia.  To support its political and terrorist objectives, the AUC imposed “taxes” on cocaine trafficked through AUC-controlled areas and engaged in violent attacks including murders and kidnappings.  By 2006, many members of the AUC demobilized as part of the Colombian government’s Justice and Peace process – a process under which paramilitary members surrender to the Colombian government and relinquish their criminally-derived assets in exchange for reduced sentences and amnesty from extradition.  Rather than submit to the peace process, Rendon Herrera re-mobilized the AUC as the CDG.

The CDG, like the AUC, continued to finance their paramilitary and drug trafficking by imposing a “tax” on multi-ton shipments of cocaine that transited through areas in Colombia controlled by the organization, which shipments – more than 80 tons of cocaine – were ultimately destined for importation into the United States.  The CDG also employed “sicarios,” or hitmen, who carried out various acts of violence, including murders, assaults, kidnappings, and assassinations to collect drug debts, maintain discipline, control and expand drug territory and to promote and enhance the prestige, reputation and position of the organization.  By 2009, when Rendon Herrera was captured by the Colombian National Police, he commanded 16 “bloques,” or territories, across Colombia and thousands of armed paramilitary fighters.  Additionally, since 2009, Rendon Herrera has been designated by the United States Department of the Treasury, Office of Foreign Assets Control, as a Specially Designated Narcotics Trafficker pursuant to the Foreign Narcotics Kingpin Designation Act.  Rendon Herrera’s successor as leader of the Clan del Golfo, Dairo Antonio Úsuga David, also known as “Otoniel,” was extradited to the Eastern District of New York in May 2022 to face charges of leading a continuing criminal enterprise and participating in an international cocaine manufacturing and distribution conspiracy, and is awaiting trial.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Attorney General’s Office of Special Investigation Opens Investigation Into Civilian Death in New York

 

The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of Joel Capellan, who died on October 16, 2022, following an encounter with members of the New York City Police Department (NYPD). 

In the early morning hours of October 16, NYPD officers on patrol near Nagle Avenue and Dyckman Street in Inwood allegedly observed Mr. Capellan holding a gun and directed him to drop it. Mr. Capellan allegedly failed to comply, and the officers fired their weapons. Mr. Capellan was then taken to a local hospital, where he was pronounced dead. The NYPD recovered a gun at the scene.

Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person, by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer caused the death, OSI proceeds to conduct a full investigation of the incident.

These are preliminary facts and subject to change.

THE NEW YORK STATE DEPARTMENT OF LABOR ANNOUNCES NEW MULTI-FACTOR AUTHENTICATION INITIATIVE TO INCREASE CYBERSECURITY

 

The New York State Department of Labor today announced a new multi-factor authentication (MFA) initiative is now in use throughout the unemployment insurance (UI) system to provide top tier cyber protection for New Yorkers. This coincides with October being Cybersecurity Awareness Month, as designated by Governor Hochul. MFA is a security technology that requires multiple methods of authentication, such as a code sent via text message or as a push notification on a mobile app, to verify a user's identity for login purposes. It is used increasingly on websites and applications to protect an individual’s data if their login information is compromised. This new security measure will help ensure that UI data and information can be accessed only by customers and their established helpers. This enhanced cybersecurity provides added protection against criminals seeking to defraud the UI system.

“Protecting New Yorkers’ sensitive information remains our top priority,” said New York State Department of Labor Commissioner Roberta Reardon. “Our new multi-factor authentication is the best possible technology to secure our UI system against breaches. This new measure enhances our ongoing effort to safeguard this critical lifeline to support New Yorkers during their time of need.”

Since launching on Sept. 21, more than 261,000 users have enrolled in MFA. New York State Information Technology Services intends to use this process as a blueprint when expanding the security feature to other areas. All users are now prompted to set up MFA when using the NY.gov Unemployment Services portal, requiring users to provide a second form of authentication. MFA is required for customers who use the online portal to:

• Certify for benefits online,
• View payment history,
•  Update banking information,
• Update mailing address,
•  Update or view tax information, and more.

The MFA launch included an extensive communications plan used to inform New Yorkers of the change in system and how they can enroll. To make MFA easily accessible, there are currently four options for enrolling:

• Okta Verify: A mobile app that sends customers a push notification when logging into the UI portal
• Google Authenticator: A mobile app that sends customers a single-use code when logging into the UI portal
• SMS Authentication (or text message authentication): A single-use code sent to mobile phones via text when customers log into the UI portal
• Voice call authentication: Instructions sent via a voice call to customers’ phone number when logging into the UI portal

Additional information, including Frequently Asked Questions, video tutorials, and user guides, are available on the NYSDOL MFA webpage in multiple languages.

MFA development is part of NYSDOL’s ongoing 4 year modernization plan.

Governor Hochul Announces Additional Programs Aimed at Protecting Domestic Violence Survivors and Their Advocates

 Program Raises Awareness of Additional Consumer Protections in the New York State Marketplace for Domestic Violence Survivors

Additional Consumer Protections Follow Governor Hochul's Signing of Five Bills into Law on Tuesday Further Protecting Domestic Violence Survivors

View Proclamation Declaring October as Domestic Violence Awareness Month Here

 Governor Kathy Hochul today announced additional programs aimed at supporting domestic violence survivors as part of the New York Department of State's Division of Consumer Protection and Address Confidentiality Program. The announcement comes in the midst of Domestic Violence Awareness Month, which serves as an opportunity to highlight this important issue and raise awareness while continuing to support domestic violence survivors. On Tuesday, Governor Hochul signed a comprehensive package of legislation that strengthened protections for survivors of domestic and gender-based violence by ensuring guns are seized from abusive partners and protecting the confidentiality of survivors.

"Preventing domestic violence and supporting survivors of abuse is a mission that has been a lifelong journey for generations of women in my family," Governor Hochul said. "With the bills I signed into law yesterday and resources from our Division of Consumer Protection, the New York Department of State, the Address Confidentiality Program and the Office for the Prevention of Domestic Violence, we are continuing to empower and lift up those who have suffered at the hands of others by helping them to transition into safer, more secure lives."

Yesterday, the Governor signed the below package of legislation:

• Authorizing Voting Registration Records of Survivors of Sexual Violence to Be Kept Confidential in Certain Cases S.3855/A.7748A 

• Requiring Courts to Order the Search and Immediate Seizure of Firearms When a Defendant Willfully Refuses to Surrender Them S.6363A/A.8102  

• Requiring Judges Issuing an Order of Protection to Ask About the Presence of Firearms S.6443B/A.8105B  

• Requiring the Release of Individuals from Utility and Other Contracts in Instances of Domestic Violence S.7157A/A.6207B  

• Requiring Health Insurers to Provide Survivors of Domestic Violence with The Option of Providing Alternative Contact Information S.7263A/A.2519A  

The following rights and protections are available to New York State domestic violence survivors:   

• Address Confidentiality: If you are a New York State resident and victim of domestic violence, stalking, sexual offenses, or human trafficking who has moved or are planning to move for safety reasons, the Department of State Address Confidentiality Program assists with shielding an address from an abuser, at no cost to the victim. DV Survivors can also provide alternate address information for their telephone services directly through their service provider to prevent their abusers from finding out their actual address. 
• Telephone, cable, and satellite service contract opt out:  DV Survivors can request an opt-out of their service contract, in writing, at no charge if they are a victim of domestic violence. 
• Identity Theft: Identity theft can be a challenge for DV Survivors, but regularly examining credit reports, setting up fraud alerts and checking bank records are three tools to assist Survivors in preventing identity theft. Learn more here. 
• Insurance: NYS Insurance Law prohibits any insurance policy providers from discriminating against someone specifically because they are a DV victim. 
• Smart Technology: NYS law allows DV orders of protection to include prohibitions against remotely controlling any DV Survivors connected devices. 
• Workplace Protections: Survivors of DV, family offenses, or human trafficking cannot be discriminated against for using leave accruals for sick time, family sick time, or safe time related to such matters. Learn more here. 
• Alternative Contact Information: Requires health insurers to provide an insurer or subscriber who is a victim of domestic violence, upon request of such insurer or subscriber, with the option to designate alternative contact information for the purpose of receiving specific claim information or for specific billing purposes. 
• Rental Lease Protections (Real Property Law, sections 227-c and 227-d, and the Human Rights Law): 

• Lease Termination: A DV victim may terminate a residential lease to support their safety, without liability, if they provide the landlord with a written 30-day notice. Then within 25 days of the written notice, the DV victim must provide documentation to the landlord affirming their DV status. Qualifying DV victim status documentation includes: a (1) valid DV incident report, (2) police report, (3) a valid order of protection, (4) a signed affidavit from a certified medical professional, or (5) a signed and notarized affidavit from qualified third party to include any law enforcement officer; employee of a NYS court; attorney, physician, psychiatrist, psychologist, social worker, registered nurse, therapist, or clinical professional counselor licensed to practice in any state; person employed by a government or non-profit domestic violence services agency or any member of the clergy of a church or religious society or denomination 
  • Discrimination Prohibited: Residential landlords cannot discriminate against a person or their accompanied child(ren) who are Survivors of either a criminal act or family offense of domestic violence. DV Survivors who are discriminated against may initiate a civil claim in court and may be awarded up to $2,000 and attorney's fees. 
  • Evictions Prohibited: Residential landlords cannot evict a person or their accompanied child(ren) who are Survivors of either a criminal act or family offense of domestic violence. If a proceeding for eviction begins, a victim may produce evidence of the offense as a defense to the court. This protection does not apply to owner-occupied housing with two or fewer units. The protection also does not apply if the landlord provides other valid reasons for the eviction. 

• Membership Campground Contracts: Although a cancellation period for a membership campground may have passed, DV Survivors can cancel their contract by submitting to the membership campground operator any one of these four DV status affirming documents : a (1) valid DV incident report, (2) police report, (3) a valid order of protection, or (4) a signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of his or her employment, social worker, a rape crisis counselor or DV advocate.  

Seen enough of double-parked delivery trucks in Manhattan? We’re tackling the e-commerce challenge

 

Watch our short video on what NYC can do to curb congestion caused by e-commerce delivery 

It doesn't matter if you drive, bike, or walk to get around NYC, you know the scene well – a double-parked delivery truck unloading a mountain of packages onto the curb while blocking a street, sidewalk, bike lane, or bus stop.

The pandemic-induced explosion in online shopping has led to 2.4 million packages transported and delivered to residents and businesses throughout the five boroughs every day, with Manhattan receiving by far the highest concentration of these deliveries per square mile.

The unregulated last-mile delivery system currently being used by delivery services exacerbates congestion, road safety issues, air pollution, greenhouse gas emissions, package waste, and various other quality-of-life concerns in Manhattan and throughout the city.

And it's only getting worse. Online shopping is not going away, so we must be forward-thinking and take action now to counter the negative environmental, health, safety, economic, and quality-of-life issues currently associated with e-commerce delivery.

Last week, I released a plan to fix this problem that offers a series of common-sense, actionable recommendations – that can be implemented immediately and over the coming years – to truly make e-commerce delivery greener, safer, and more efficient.

Read Our Plan HERE All the best, Mark  Winter Clothing Drive for Asylum Seekers Read more about the MBPO Donation Drive HERE

Tomorrow: Autumn Soiree at Woodlawn Cemetery & Conservancy

 

On Thursday, October 20 at 6:00pm get into the autumnal swing of things at a cocktail reception at Woodlawn Cemetery and Conservancy. Network and tour this historic gem in the Bronx and learn stories and tales of its inhabitants. Enjoy a trolley tour of the architectural splendor of one of the nation's most famous burial sites while getting to know fellow New York City business owners and elected officials. Meet at Woodlawn’s historic Woolworth Chapel and network with fellow business owners while experiencing the architectural beauty of Woodlawn illuminated at night. You will be escorted by the Woodlawn Conservancy Trolley, but some walking may be involved. Please dress for fall weather and wear comfortable shoes. A one-of-a-kind event, not to be missed!  The networking event includes cocktails, light fare, a trolley tour of the famous Woodlawn Cemetery, networking, and Bronx business updates that impact your business.

Register - Click Here

“Used Car King of New York” pleads guilty in nationwide scheme to sell thousands of fraudulent Texas vehicle tags

 

A 51-year-old man who advertised himself as the “Used Car King of New York” has admitted to conspiring to commit wire fraud, announced U.S. Attorney Jennifer B. Lowery.

Octavian Ocasio pleaded guilty to conspiring with others residing in the Southern District of Texas to buying and selling thousands of fraudulent Texas-issued temporary buyer tags for cars outside of Texas without a legitimate vehicle purchase.

Ocasio and co-conspirators used the internet to buy and sell the fraudulent state-issued buyer tags and exchange proceeds from the illegal tag sales.

As part of his plea, Ocasio acknowledged he and his co-conspirators communicated through accounts on Gmail, Instagram and Facebook to receive and deliver fraudulent buyer tags to purchasers all over the United States, including New York, Florida and Washington, D.C. 

He also admitted he and his co-conspirators advertised the state-issued buyer tags on social media platforms and received and shared fraud proceeds via electronic payment services such as Cash App and Zelle.

U.S. District Judge George C. Hanks Jr. will impose sentencing Feb. 6, 2023. At that time, Ocasio faces up to 20 years in federal prison and a possible $250,000 maximum fine.

Ocasio has been and will remain in custody pending that hearing.

Emmanuel Padilla Reyes aka Christian Hernandez Bonilla or Noel Rivera is still a fugitive in this case. The FBI is offering a $5,000 reward to anyone providing information that directly leads to his arrest. Those with information about the fugitive’s location should call 1-800-CALL-FBI or email www.TIPS.FBI.GOV

The FBI conducted the investigation with assistance of Travis County Precinct 3 Constable’s Office, Houston Police Department, Texas Department of Public Safety, Texas Department of Motor Vehicles, Harris County Sheriff’s Office, New York State Police and New York City Police Department.

Attorney General James Recovers $90,000 in Stolen Wages for Queens Laundry Workers

 

Enterprise Cleaner Paid Workers Below Minimum Wage Without Adequate Overtime Pay or Paid Sick Leave

 New York Attorney General Letitia James today announced that she has recovered $90,000 in stolen and unpaid wages for more than a dozen former employees of a commercial dry cleaner in Astoria, Queens. Fat-Lun Kong and Cheng Teh Tang, co-owners of the company JM Pro Cleaner, Inc. doing business as Enterprise Cleaner, formerly known as KTN Cleaner, Inc. doing business as Enterprise Cleaner (Enterprise), failed to pay their employees minimum wage, failed to pay the proper overtime rate, failed to pay employees for an additional hour when their workday exceeded ten hours, and did not offer adequate overtime pay or paid sick leave. Enterprise also consistently failed to provide new employees with written notice of the rate of pay, regular pay day, and other critical information upon hiring. In addition to paying back $90,000 in stolen wages to former employees of Enterprise, Kong and Tang will undergo thorough training regarding their obligations as an employer under New York Labor Law, update company policies and procedures, and submit compliance reports to the Office of the Attorney General (OAG) for a period of at least three years. 

“All workers should be treated with the utmost dignity and respect, but the owners of Enterprise Cleaners took advantage of their hardworking employees, forcing them to work long hours and failing to pay workers what they were owed,” said Attorney General James. “No matter the industry, my office will not stand for the abuse and mistreatment of hardworking New Yorkers. I am grateful to the Laundry Workers Center for bringing this case to our attention and look forward to continuing to work together to defend workers’ rights statewide.”  

“Laundry Workers Center has been fighting worker exploitation and wage theft in the laundry industry for over a decade,” said Rosanna Rodríguez, Co-Executive Director, Laundry Workers Center. “We primarily represent immigrant women of color who are heads of households. Thanks to the collaboration between the Attorney General's Office and our organization, we can set an example with Enterprise Laundromat. Make sure bad actors stop breaking the law and provide decent wages and safe conditions for workers.”

The OAG launched an investigation in January 2020, after the matter was referred to OAG by the Laundry Workers Center. The investigation, which included review of company documents, interviews with former employees, and sworn testimony from Kong and Tang, revealed that from 2014 to 2020, Enterprise repeatedly violated New York Labor Laws, the Miscellaneous Wage Order of the New York Codes, Rules, and Regulations, and the Earned Safe and Sick Time Act.

In interviews with OAG, former Enterprise employees reported they were not paid the minimum wage after it increased to $15 per hour on December 31, 2018, and payroll documents confirmed that Enterprise employees did not receive the $15 minimum wage until about a year after the increase. Former employees also shared that Enterprise, Kong, and Tang did not pay the proper wages for overtime hours. Enterprise, Kong, and Tang also failed to pay employees spread of hours, which calls for an additional hour of pay when an employee’s workday exceeds ten hours.

In 2019, Enterprise, Kong, and Tang paid some employees only a portion of the wages they were owed — some of these employees eventually received their full wages weeks later, but others never received them. Enterprise also consistently failed to provide new employees with written notice of the rate of pay, regular pay day, and other critical information upon hiring. Enterprise also did not have a paid sick leave policy, did not provide employees with adequate paid sick leave, and even interfered with employees’ right to sick leave by requiring them to find a replacement before calling out sick.

As part of the settlement announced today, Enterprise, Kong, and Tang will return $90,000 in stolen wages to former employees.

In addition to financial relief, Kong and Tang will undergo training related to their responsibilities as employers under New York Labor Law, including but not limited to the obligation to pay the minimum wage, overtime, and spread of hours, the obligation to provide paid sick leave, as well as the obligation not to discriminate. Kong and Tang must also develop a plan to revise Enterprise’s policies and procedures related to pay and sick leave, among other workplace issues including sexual harassment and reasonable accommodations. These policies are to be submitted to OAG for approval and will be provided to all employees. 

Enterprise, Kong, and Tang will submit periodic compliance reports to OAG for a period of at least three years. The OAG will also have full access to Enterprise’s employees’ contact information during this period in order to ensure compliance