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Wednesday, March 29, 2023
DiNAPOLI ANNOUNCES REVIEW OF STATE HEALTH DEPARTMENT’S PROGRESS IN ADDRESSING NURSING HOME PANDEMIC FAILURES
Bronx Chamber of Commerce - Industry Insights: Cannabis & The Economy
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Recidivist Fraudster Pleads Guilty To $40 Million Ponzi Scheme
Franklin Ray Also Pled Guilty to SBA Loan Fraud and Another Fraud Scheme
Damian Williams, the United States Attorney for the Southern District of New York, announced that FRANKLIN RAY pled guilty to four counts of wire fraud, including one count of wire fraud while released under conditions of bail, and one count of aggravated identity theft in connection with various fraud schemes relating to his operation of a trucking business known as CSA Business Solutions LLC and another Michigan-based trucking company. RAY, who was previously convicted of wire fraud and bank fraud in the Eastern District of Michigan and was released from prison in 2010, pled guilty before United States District Judge Analisa Torres.
U.S. Attorney Damian Williams said: “As he admitted in court, between June 2020 and April 2022, Franklin Ray engaged in four separate fraudulent schemes by lying about the business operations of his purported trucking companies, including two separate PPP frauds and a $40 million Ponzi scheme. Ray continued his crime spree even after he was arrested by federal authorities in March 2022, brazenly defrauding investors in his fake trucking company of nearly $2 million while he was on bail following his arrest. Thanks to the hard work of the FBI and this Office, he is being held accountable for his serial fraudulent conduct.”
As alleged in the previously filed Complaint and Indictment and other court documents:
Beginning in at least June 2021, FRANKLIN RAY began to offer investors an opportunity to invest in his trucking and logistics company, CSA Business Solutions LLC (the “Truck Investment Scheme”). Specifically, RAY and the investors entered into contracts pursuant to which CSA Business Solutions LLC would procure and operate a truck in its trucking business for each $20,000 contributed by the investor. RAY told investors that the trucks would perform delivery services for a multinational e-commerce company and/or a multinational shipping company and that the investors would be entitled to 77% of the net income of the trucks. In reality, CSA Business Solutions LLC operated few trucks and had minimal revenues from trucking activities. Instead, investors in the Truck Investment Scheme received payments from new investments into the scheme or from other sources. After the investors purchased the rights to trucks from CSA Business Solutions LLC, RAY sent them falsified spreadsheets at regular intervals, purporting to show the performance of their trucks during the relevant period. RAY ultimately induced approximately 275 investors to invest at least $40 million and fraudulently claimed to have purchased over 2,000 trucks with the investments.
RAY also pled guilty to carrying out fraudulent schemes to obtain over $1.9 million in government-guaranteed loans designed to provide relief to small businesses during the COVID-19 pandemic on behalf of CSA Business Solutions LLC and another Michigan-based trucking company (the “SBA Loan Fraud Schemes”). In connection with the SBA Loan Fraud Schemes, RAY submitted false information and forged documents to the Small Business Administration and commercial lenders. RAY claimed that these businesses engaged in significant trucking business, but they had minimal revenues and trucking activity.
Finally, RAY pled guilty to fraudulently inducing a New York City-based real estate company (the “Company”) to pay $175,000 in startup costs for a joint venture (the “Join Venture”) between the Company and CSA Business Solutions LLC. RAY misrepresented CSA Business Solutions LLC and his own personal business experience to the Company. Rather than pay for startup costs, RAY spent the funds on personal expenses, including private airplane trips. The Joint Venture was never formed.
RAY was arrested in early March 2022, and a CSA Business Solutions LLC bank account was seized at that time. After his arrest, up until his Indictment in April 2022, RAY continued to operate the Truck Investment Scheme. RAY hid the fact of his arrest and the seizure of the bank account and lied to investors about why he did not make expected payments after his arrest. During the period after his arrest, RAY opened new bank accounts on behalf of CSA Business Solutions LLC and continued to solicit and accept investor funds for trucks that did not exist. In the post-arrest period alone, RAY defrauded investors into paying at least $1.9 million into his scheme.
RAY, 51, of Canton, Michigan, pled guilty to four counts of wire fraud, including one count of wire fraud while released under conditions of bail and two counts of wire fraud affecting a financial institution, and one count of aggravated identity theft. The counts of wire fraud while released under conditions of bail and wire fraud affecting a financial institution each carry a maximum sentence of 30 years in prison. The remaining count of wire fraud carries a maximum sentence of 20 years in prison. Aggravated identity theft carries an additional mandatory two-year sentence, which must be imposed consecutively to any other sentence. RAY also agreed to forfeit $42,128,912, including the funds on deposit at several bank accounts used in connection with the fraudulent schemes, including the primary CSA Business Solutions bank account. RAY also agreed to pay restitution to the victims.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. RAY is scheduled to be sentenced at 11:40 a.m. on July 25, 2023, by U.S. District Judge Analisa Torres.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.
If you believe you have been a victim of the schemes described above, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact Wendy Olsen-Clancy, the Victim Witness Coordinator at the United States Attorney’s Office for the Southern District of New York, at 866-874-8900 or wendy.olsen@usdoj.gov.
Attorney General James Announces Sentencings of Five Members of Bronx Gun and Heroin Trafficking Ring
Individuals Collectively Sentenced to Over 30 Years Imprisonment for Selling Assault Weapons, Firearms, Hundreds of Rounds of Ammunition, and Heroin
New York Attorney General Letitia James announced the sentencings of five individuals for their roles in a gun trafficking operation that illegally sold 16 firearms in the Bronx. The five defendants — who were charged with trafficking numerous assault weapons, high-capacity feeding devices, semiautomatic pistols, and more than 300 rounds of ammunition — have all pled guilty and were sentenced for their respective crimes. Additionally, two of the individuals, Luis Alsina and Michael Alsina were also sentenced for their roles in the sale of heroin. Altogether, all five defendants were sentenced to a total of more than 30 years in state prisons.
The sentencings were the result of a joint investigation between the Office of the Attorney General (OAG), the New York Drug Enforcement Task Force, and the New York Strike Force. The investigation culminated with the arrest of all five individuals in February 2020, in which they were charged for their respective crimes.
“Gun violence devastates our communities every day and these five individuals fueled this crisis by flooding our streets with assault weapons and heroin,” said Attorney General James. “Public safety remains our top priority, and with these sentencings, we are continuing to ensure those who cause harm to New Yorkers are prosecuted to the fullest extent of the law. My office will continue to bring to justice anyone who endangers our communities, and I thank our partners in law enforcement for their critical support and commitment to this cause.”
The investigation revealed that Michael Alsina acted as a broker between his firearms suppliers and undercover officers, to whom he sold firearms and/or ammunition to on 10 occasions between June 2019 and November 2019. Luis Alsina provided the firearms and/or ammunition to Michael Alsina on seven of those 10 occasions and sold firearms directly to undercover officers on three other occasions between June 2019 and December 2019. Rafael Cruz supplied two firearms in the sales brokered by Michael Alsina, while Miguel Rodriguez and others transported the firearms that were sold to undercover officers. Josue Pagan-Adorno attempted to transport two assault weapons from Pennsylvania with the intent of selling them in New York, but the firearms were seized by police in New Jersey along the way. Additionally, both Luis Alsina and Michael Alsina sold approximately 250 grams of heroin to an undercover officer on five occasions between August 2019 and September 2019.
All five defendants have since pled guilty and were sentenced to the respective terms below:
The investigation resulted in the recovery of the following firearms and ammunition:
- Seven 9-millimeter semiautomatic pistols
- Three .32 caliber revolvers (one inoperable)
- Two 5.56-millimeter semiautomatic rifles (assault weapons)
- One 7.62x39-millimeter semiautomatic rifle (assault weapon)
- One .40 caliber Carbine (assault weapon)
- One 7.62x39-millimeter single shot rifle
- One .40 caliber semiautomatic pistol
- One .380 caliber semiautomatic pistol
- One .38 caliber revolver
- 11 high-capacity ammunition feeding devices
- One bullet-proof vest (uncharged)
- Approximately 317 rounds of ammunition
Attorney General James thanks the members of the New York Strike Force for their partnership in this investigation, including the New York Division of the U.S. Drug Enforcement Administration (DEA), New York State Police, and the New York City Police Department. The New York Strike Force includes the New York Division of the DEA; the New York State Police; the New York City Police Department; Immigration and Customs Enforcement – Homeland Security Investigations; the U.S. Internal Revenue Service Criminal Investigation Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Customs and Border Protection; the U.S. Secret Service; the U.S. Marshals Service, the New York National Guard; the Clarkstown Police Department; the U.S. Coast Guard; the Port Washington Police Department; and the New York State Department of Corrections and Community Supervision.
Attorney General James also thanks the Mt. Arlington, New Jersey Police Department; Morris County Prosecutor’s Office in New Jersey; and members of the DEA’s New York Drug Enforcement Task Force for their valuable work and assistance in this investigation and prosecution.
NYIC Action Unveils Endorsements for Pro-Immigrant Candidates for New York City Council
Murad Awawdeh, Executive Director of NYIC Action, said:
“With the arrival of over 50,000 asylum seekers since last spring, New York City is at a critical moment in building on its rich history as a welcoming city for all immigrants. To meet the needs of this moment, it is more important than ever that we have champions in city government who are fighting for the rights and security of every single New Yorker, whether they arrived here 30 years or 30 days ago. In the last City Council elections in 2021, NYIC Action helped propel a range of pro-immigrant candidates into office. In 2023, we are pleased to endorse an exciting slate of candidates who over the last two years have shown their commitment to supporting our immigrant communities. When this slate is elected we will be in an even stronger position to pass legislation that centers the health, education, jobs and rights of our immigrant neighbors.”
- Christopher Marte - District 1
- Carlina Rivera - District 2
- Erik Bottcher - District 3
- Julie Menin - District 5
- Gale Brewer - District 6
- Shaun Abreu - District 7
- Diana Ayala - District 8
- Carmen De La Rosa - District 10
In The Bronx:
- Marjorie Velazquez - District 13
- Pierina Sanchez - District 14
- Althea Stevens - District 16
- Amanda Farias - District 18
In Brooklyn:
- Jennifer Gutiérrez - District 34
- Crystal Hudson - District 35
- Chi Ossé - District 36
- Sandy Nurse - District 37
- Alexa Aviles - District 38
- Shahana Hanif - District 39
- Rita Joseph - District 40
- Justin Brannan - District 47
In Queens:
- Francisco Moya - District 21
- Tiffany Cabán - District 22
- Linda Lee - District 23
- Shekar Krishnan - District 25
- Nantasha Williams - District 27
- Adrienne Adams - District 28
- Lynn Schulman - District 29
MAYOR ADAMS LAUNCHES FIRST PHASE OF MYCITY PORTAL TO EASILY HELP NEW YORKERS CHECK ELIGIBILITY, APPLY FOR, AND TRACK CITY SERVICES AND BENEFITS
Simplified Child Care Application Kicks Off New Portal to Make City Services More Accessible to New Yorkers
New York City Mayor Eric Adams, First Deputy Mayor Sheena Wright, and New York City Chief Technology Officer Matthew Fraser today announced the first phase of the launch of the MyCity portal, a one-stop shop for city services and benefits, that will make it easier for New Yorkers to interact with and access the support of a multitude of city agencies. Beginning today, MyCity users will be able to easily check eligibility, apply for, and track services and benefits in the city’s 10 most common languages, as well as securely save their information and documentation for future applications as they apply for child care. The launch of this first phase of MyCity delivers on a promise made by Mayor Adams to create a user-friendly interface that allows for the close collaboration of the numerous agencies involved and provides easier access to city government for New Yorkers. Later this year, the Adams administration will launch phase two of the MyCity portal to assist job seekers and small business owners.
“New Yorkers are busy 24/7 so today we are making it easier for New Yorkers to access city services — 24/7,” said Mayor Adams. “The newly launched MyCity online portal will allow New Yorkers to go online, easily search, apply for, and track city services and benefits right from their smartphones or computers — and we’re starting by spotlighting child care. For the first time, families who need help paying for child care can apply in one place, with one application. We are using the power of technology to reduce the bureaucracy and red tape in our government, to help New Yorkers get the services their taxes pay for, and to ‘Get Stuff Done’ for the working people of this city.”
MyCity Services section where New Yorkers will seek services and benefits.
“With the launch of the MyCity portal, the Adams administration is making government work for working families,” said First Deputy Mayor Wright. “For too long, families had to navigate endless red tape, a broken bureaucracy, and a needlessly complicated system to access critical child care services. MyCity takes child care into the 21st century and finally delivers a quality, easy-to-use portal that meets the needs of working families.”
“Whether you are a parent trying to learn about child care resources, a person in need of food assistance, or someone connecting with the city to see what other supports might be available for you or your family, there is nothing more frustrating than having to work through an arduous, opaque process,” said Deputy Mayor for Health and Human Resources Anne Williams-Isom. “That’s all changing with MyCity, which will enable New Yorkers to move through one portal to seek a variety of services, check their status, and hold their information in a central place. The new portal will make accessing city services simpler, more efficient, and more user-friendly.”
“New Yorkers deserve a better user experience when interacting with city government,” said New York City Chief Technology Officer and New York City Office of Technology and Innovation (OTI) Commissioner Fraser. “MyCity raises the bar for the way New York City delivers services and benefits — creating a central hub to check eligibility in real-time, submit applications, see service status, and safely store documentation for future use. I thank the Office of Technology and Innovation team and our agency partners for their tireless work in delivering on Mayor Adams’ vision of a more efficient, modern government. We are eager to see the impact this has on the lives of New Yorkers and to continue adding services to MyCity.”
“To help raise our next generation of leaders and community members, we must work to provide our families the tools and resources they need to set our youngest New Yorkers up for success,” said New York City Department of Education (DOE) Chancellor David C. Banks. “The MyCity portal will allow families to understand and obtain the services that are available to them, making assistance easier to obtain. I’m immensely proud of our city leaders and agencies for working hand-in-hand to make this possible for our children and families.”
“Families seeking quality child care for their little one deserve an inviting, modern, and user-friendly experience — and the MyCity portal will provide exactly that,” said New York City Administration for Children Services (ACS) Commissioner Jess Dannhauser. “Now, applying for child care assistance will be easier than ever before, allowing our dedicated ACS team to get much-needed child care vouchers into the hands of thousands more families. I want to thank Mayor Adams, First Deputy Mayor Wright, Deputy Mayor Williams-Isom, and Chief Technology Officer Fraser for their leadership in envisioning and realizing this critical advancement for New York City families.”
“New York City parents and caretakers have long deserved a clear, accessible, and supportive way to apply for child care assistance, and MyCity has delivered this opportunity,” said New York City Office of Child Care and Early Childhood Education Executive Director Michelle Paige. “MyCity guides the parents and caretakers through the child care assistance application, streamlining the application experience by only asking for the information that is necessary. The Office of Child Care and Early Childhood Education is excited that this resource is designed to be accessible in multiple languages and accommodates families with disabilities through enabled screen readers. The launch of MyCity is a huge win for families seeking child care assistance and for the providers that are here to care for and educate New York City’s youngest learners. Thank you to all of the teams that worked diligently to support our families.”
“Governor Hochul has prioritized making child care more accessible, affordable, and equitable for all New Yorkers, and OCFS is thrilled to be partnering with ACS to make that a reality,” said Suzanne Miles-Gustave, acting commissioner, State Office of Children and Family Services. “The MyCity online child care assistance portal will significantly improve the application process for New York City families. By offering it in 10 languages and with screen readers, it aligns with the state’s promise to open doors to child care programs for historically underserved communities. This tool complements our new online screening app and OCFS remains committed to assisting with further system enhancements across the state to boost access to these invaluable family supports.”
MyCity will rebuild city services from the ground up to meet the modern needs of New Yorkers. Anyone with an internet connection on their phone or computer will be able to log onto mycity.nyc.gov using their IDNYC login or by using an existing email address to authenticate their account. For government agencies, MyCity will act as a centralized data repository that enables greater information sharing across government agencies to achieve faster results for New Yorkers.
The launch is the result of a cross-government collaboration between OTI, ACS, DOE, the New York City Department of Social Services, and the New York State Office of Children and Family Services. Before today’s launch, the city conducted months of user-testing sessions where New Yorkers unaffiliated with the project shared invaluable feedback.
Today’s phase one launch features the new streamlined child care assistance application, which sets a new benchmark for digital government services by consolidating a complicated paper application used by multiple government agencies (DOE and ACS) into a single online form that is expected to serve tens of thousands of New Yorkers annually and dramatically reduce the often confusing and time-consuming elements of the paper application as New Yorkers apply for and receive assistance. Once an application is submitted, agency staff will review the application and provide status updates to applicants through MyCity. Families will also be able to self-screen to determine whether they may be eligible for assistance before they even apply. Reducing the need for paper applications — the majority of which were rejected because of missing required documents — will further streamline and improve the application process. Families will still be able to mail in paper applications if they prefer that option. Phase one of MyCity also directs New Yorkers to existing resources for small businesses owners and job seekers, as well as to the city’s benefits screener.
The first phase of MyCity’s launch not only continues Mayor Adams’ efforts to expand access to affordable child care services, but also does so by streamlining government and breaking down silos. In June 2022, the Adams administration released “Accessible, Equitable, High-quality, Affordable: A Blueprint for Child Care & Early Childhood Education in New York City,” which expanded access to child care for the city’s 500,000 children under five years old and committed to making $800 million in additional child care investments over the next four years — raising allocated funding for child care spending to approximately $2 billion.
Tuesday, March 28, 2023
Former Law Firm Partner Arrested For Bankruptcy Fraud
Defendant Submitted Fake Bank Record to Court
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment charging JOHN ROESSER, a former attorney, with abusing the bankruptcy system by making false statements under penalty of perjury and submitting falsified records. By February 2022, after years as a partner at major law firms, ROESSER owed the Internal Revenue Service (“IRS”) millions of dollars in income taxes and filed for Chapter 11 bankruptcy. Through multiple false statements, ROESSER lied to the Bankruptcy Court and the IRS about his purported receipt of millions of dollars in order to receive the protections of bankruptcy and keep his assets – including a multi-million-dollar residence and an Aston Martin sports car – while not paying his bills. ROESSER was arrested this morning in Bronxville, New York, and will be presented today in Manhattan federal court.
U.S. Attorney Damian Williams said: “Bankruptcy is a lifeline for many people who need its protections to keep their lives together. The defendant allegedly corrupted and degraded a system that helps so many. As alleged, he manipulated the bankruptcy system by lying and falsifying bank records so that he could use its protections to keep his assets and to avoid paying his bills. And he should have known better — he used to be a lawyer. This Office will always bring to justice those who use their status to abuse the public’s trust and to try to put themselves above the law.”
FBI Assistant Director Michael J. Driscoll said: “As alleged, Roesser committed bankruptcy fraud when he lied to both the Bankruptcy Court and the IRS about his receipt of millions of dollars so he could retain his assets – which included a multi-million-dollar residence and a luxury sports car – while avoiding paying his bills. The FBI will continue to investigate and bring to justice those who attempt to fraudulently exploit our nation’s legitimate financial protections to satisfy their own selfish desires.”
As alleged in the Indictment:[1]
From in or about March 2013 through in or about January 2018, ROESSER was a partner at three multinational law firms. During his time as a partner at these law firms, ROESSER earned substantial income — and incurred substantial income tax liability. ROESSER resigned from the New York bar in or about June 2020 after admitting to misappropriating client funds.
By 2022, ROESSER owed the IRS, and others, over three million dollars. He also owned a house that he estimated was worth millions of dollars and an Aston Martin Rapide, a luxury sports car. Instead of paying his debts, in February 2022, ROESSER filed for Chapter 11 bankruptcy in the United States Bankruptcy Court for the Southern District of New York. See In re John Roesser, No. 22 Bk. 22049 (Bankr. S.D.N.Y.) (the “Bankruptcy”). In a Chapter 11 bankruptcy, a debtor may remain “in possession,” meaning that the debtor keeps possession and control of his assets during the bankruptcy. But a debtor-in-possession must propose a viable plan of reorganization, which creditors then vote on. If a debtor fails to comply with the requirements of Chapter 11, a Chapter 11 bankruptcy can be converted to a Chapter 7 bankruptcy or dismissed. In a Chapter 7 bankruptcy, an appointed trustee usually converts a debtor’s assets into cash for distribution among creditors. If a bankruptcy is dismissed, the debtor loses the protections of bankruptcy; for example, creditors can take steps to seize a debtor’s assets.
ROESSER told the Bankruptcy Court and the IRS that he would soon receive millions of dollars and be able to pay his debts while keeping his house. Then, ROESSER filed a false declaration and submitted falsified records in the Bankruptcy indicating that he had received millions of dollars. This was false. ROESSER was concealing that he had not received millions of dollars after all, in a fraudulent effort to retain control of his assets while avoiding payment of his debts.
On or about March 3, 2023, after some of the above false statements were withdrawn by ROESSER’s attorney in the Bankruptcy, ROESSER’s Chapter 11 bankruptcy was dismissed. Without the protections of bankruptcy, creditors can now take steps to seize ROESSER’s assets to pay his debts.
ROESSER, 52, of Bronxville, New York, is charged with one count of falsification of records in bankruptcy, which carries a maximum sentence of 20 years in prison, and one count of false oaths and claims in bankruptcy, which carries a maximum sentence of five years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI.
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 description of the Indictment set forth herein constitute only allegations, and every fact described therein should be treated as an allegation.
Attorney General James Announces Investigation into Madison County Tax Preparation and Insurance Services Firm
Clients of the Offices of Miles B. Marshall, Inc. and M. Burton Marshall Raised Concerns about Practices and Recently Disclosed Information
New York Attorney General Letitia James today announced her office’s investigation into a Madison County tax preparation and insurance services firm, the Offices of Miles B. Marshall, Inc. and M. Burton Marshall. Recent concerns raised by New York consumers who relied on the Offices of Miles B. Marshall, Inc. and M. Burton Marshall for various services have been reported to local and state law enforcement. The Office of the Attorney General (OAG) is investigating this matter and working closely with the Madison County District Attorney’s Office and other partners in law enforcement.
“Learning that the people you entrust with your finances and investments may be misusing your hard-earned money is scary and concerning,” said Attorney General James. “My office has been notified of multiple complaints regarding potential irregularities at the Offices of Miles B. Marshall, Inc. and M. Burton Marshall, and we are committed to conducting a thorough investigation of this matter. Our investigators will continue their work, and I urge anyone who has not already contacted law enforcement regarding this matter to reach out to my office immediately.”
Attorney General James wishes to thank the Madison County District Attorney’s Office, the Hamilton Police Department, and the New York State Police for their assistance.
For impacted New Yorkers who have not already reached out to law enforcement, please contact MBMarshall.complaint@ag.ny.gov.
Attorney General James has been a leader in the effort to protect consumers from fraudulent tax schemes and practices. Earlier this month, she issued a consumer alert to remind New Yorkers how to protect themselves from tax scams and offered tips and information on various resources available this tax season. Also this month, Attorney General James provided tips to protect consumers and highlight deceptive tax schemes. In May 2022, Attorney General James secured $141 million for millions of Americans who were deceived by TurboTax into paying for tax services that should have been free.