District Attorney Bragg Announces 34-Count Felony Indictment of Former President Donald J. Trump

 

Manhattan District Attorney Alvin L. Bragg, Jr. announced the indictment of DONALD J. TRUMP, 76, for falsifying New York business records in order to conceal damaging information and unlawful activity from American voters before and after the 2016 election. During the election, TRUMP and others employed a “catch and kill” scheme to identify, purchase, and bury negative information about him and boost his electoral prospects. TRUMP then went to great lengths to hide this conduct, causing dozens of false entries in business records to conceal criminal activity, including attempts to violate state and federal election laws. 

TRUMP is charged in a New York State Supreme Court indictment with 34 counts of Falsifying Business Records in the First Degree.[]   

“The People of the State of New York allege that Donald J. Trump repeatedly and fraudulently falsified New York business records to conceal crimes that hid damaging information from the voting public during the 2016 presidential election,” said District Attorney Bragg. “Manhattan is home to the country’s most significant business market. We cannot allow New York businesses to manipulate their records to cover up criminal conduct. As the Statement of Facts describes, the trail of money and lies exposes a pattern that, the People allege, violates one of New York’s basic and fundamental business laws. As this office has done time and time again, we today uphold our solemn responsibility to ensure that everyone stands equal before the law.” 

According to court documents and statements made on the record in court, from August 2015 to December 2017, TRUMP orchestrated his “catch and kill” scheme through a series of payments that he then concealed through months of false business entries.  

In one instance, American Media Inc. (“AMI”), paid $30,000 to a former Trump Tower doorman, who claimed to have a story about a child TRUMP had out of wedlock.  

In a second instance, AMI paid $150,000 to a woman who alleged she had a sexual relationship with TRUMP. When TRUMP explicitly directed a lawyer who then worked for the Trump Organization as TRUMP’s Special Counsel (“Special Counsel”) to reimburse AMI in cash, the Special Counsel indicated to TRUMP that the payment should be made via a shell company and not by cash. AMI ultimately declined to accept reimbursement after consulting their counsel. AMI, which later admitted its conduct was unlawful in an agreement with federal prosecutors, made false entries in its business records concerning the true purpose of the $150,000 payment. 

In a third instance – 12 days before the presidential general election – the Special Counsel wired $130,000 to an attorney for an adult film actress. The Special Counsel, who has since pleaded guilty and served time in prison for making the illegal campaign contribution, made the payment through a shell corporation funded through a bank in Manhattan.

After winning the election, TRUMP reimbursed the Special Counsel through a series of monthly checks, first from the Donald J. Trump Revocable Trust – created in New York to hold the Trump Organization’s assets during TRUMP’s presidency – and later from TRUMP’s bank account. In total, 11 checks were issued for a phony purpose. Nine of those checks were signed by TRUMP. Each check was processed by the Trump Organization and illegally disguised as a payment for legal services rendered pursuant to a non-existent retainer agreement. In total, 34 false entries were made in New York business records to conceal the initial covert $130,000 payment. Further, participants in the scheme took steps that mischaracterized, for tax purposes, the true nature of the reimbursements.
 
Assistant D.A.s Catherine McCaw (Counsel to the Investigation Division), Katherine Ellis (Major Economic Crimes Bureau), Rebecca Mangold (Major Economic Crimes Bureau), Christopher Conroy (Senior Advisor to the Investigation Division), Susan Hoffinger (Chief of the Investigation Division), and Matthew Colangelo (Senior Counsel to the District Attorney) are handling the prosecution of this case with the assistance of Peter Pope (Executive Assistant D.A.), Steven Wu (Executive Assistant D.A. and Chief of the Appeals Division), and Alan Gadlin (Deputy Chief of the Appeals Division).

Defendant Information:

DONALD J. TRUMP
Palm Beach, FL

Charges:

•   Falsifying Business Records in the First Degree, a class E felony, 34 counts

[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.

Belize Real Estate Developer Charged With Embezzling Investor Funds

 

 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 in Manhattan federal court charging ANDRIS PUKKE with wire fraud and with engaging in unlawful monetary transactions in connection with his embezzlement of more than $13 million from Sanctuary Belize, a real estate development in Belize that he directed and controlled.  PUKKE was arrested in Los Angeles and will be presented in the Central District of California. 

U.S. Attorney Damian Williams said: “Andris Pukke sold residential lots in Belize with a promise to build out an affordable vacation and retirement community in a tropical paradise.  Instead, Pukke’s planned paradise turned out to be just a mirage, as he allegedly stole the very funds the development needed to pay for roads, utilities, and other infrastructure, leaving the lot buyers with nothing but land they cannot access or use.  This Office will continue to aggressively pursue consumer fraud to ensure that businesses deliver on their promises to their customers.”

FBI Assistant Director Michael J. Driscoll said: “The defendant, as alleged, sold his victims dreams of a tropical haven, instead he used their money for his own interests.  Investigating and holding financial fraudsters like Mr. Pukke accountable in the criminal justice system remains a top priority for the FBI.”

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

PUKKE directed and controlled Sanctuary Belize, which was a vacation and retirement community under development in Belize.  PUKKE marketed and sold residential lots in the development to U.S. residents with promises that the development, when finished, would be near an international airport and hospital and would include a marina, a wildlife reserve, a beach club, and an equestrian center, among other amenities.  Lot buyers could construct homes on their lots once the infrastructure, such as roads and electricity, was built out by Sanctuary Belize.

PUKKE and his salespeople falsely represented to lot buyers that Sanctuary Belize was free of debt and that all income from lot sales would go to the development of Sanctuary Belize's infrastructure.  In fact, Sanctuary Belize had more than $12 million in debt, and PUKKE stole more than $13 million of the $124 million that Sanctuary Belize received from sales of residential lots.  PUKKE stole the money by directing Sanctuary Belize employees to transfer the funds to recipients he designated.  These transfers of funds were concealed on the books and records of Sanctuary Belize as business expenses, such as professional fees, legal fees, consulting fees, loans receivable, and online advertising expenses.

PUKKE used the embezzled funds for his personal benefit, including the renovation of his home in Newport Beach, California; investments in various entities unrelated to Sanctuary Belize; investments in unrelated real estate developments; repayment of personal debt; and payments to PUKKE's family members. 

PUKKE, 54, of Newport Bach, California, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of engaging in unlawful monetary transactions, which carries a maximum sentence of 10 years in prison. 

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.

Mr. Williams praised the investigative work of the FBI.  Mr. Williams also thanked the Federal Trade Commission for their assistance with the case.

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 below constitute only allegations, and every fact described herein should be treated as an allegation.

NYS Office of the Comptroller DiNapoli: Inconsistent Oversight and Guidance Left New York’s Group Home Residents at Risk During Pandemic

 

Better Emergency Management Preparation Needed by OPWDD Before Next Public Health Crisis, Audit Finds

The Office for People With Developmental Disabilities’ (OPWDD) inadequate emergency management coordination left people living in group homes at risk during the onset of the COVID-19 pandemic, according to a new audit released today by New York State Comptroller Thomas P. DiNapoli. OPWDD reported 657 people died from COVID-19, and more than 13,000 contracted the virus in its residential programs from March 2020 to April 2022.

“Group homes are supposed to offer people with developmental disabilities safe places to live as independently as possible,” DiNapoli said. “Our audit found the Office for People With Developmental Disabilities did not issue timely, consistent guidance to the vast majority of their certified group homes. Inconsistent emergency management coordination and oversight put residents, families and staff in harm’s way. I urge OPWDD to implement our recommendations before the next public health emergency.”

DiNapoli’s audit found OPWDD did not provide consistent guidance to some 6,929 group homes across the state during the first wave of the deadly pandemic, though the audit did not establish a causal relationship between OPWDD’s actions and COVID cases. As explained by the department, certified facilities run by nonprofits (6,921), as opposed to those that are state-run (eight), are required to have their own emergency policies and procedures in place, even though they are home to 99% of the state’s 34,117 group home residents. In September 2020 and November 2021, OPWDD developed additional guidance, which covered COVID-19 emergency planning and response, but restricted their distribution to the eight state-run facilities, excluding the others.

While OPWDD’s emergency management and overarching emergency planning documents considered pandemics as a risk even before the COVID-19 pandemic, OPWDD did not take steps to ensure all group homes followed suit. The audit found that while many group homes had emergency response plans, they did not account for pandemics or emerging infectious diseases, while others referred staff to follow OPWDD’s guidance. This lack of effective emergency response plans at the onset of the pandemic led to difficulties in securing personal protective equipment (PPE), dealing with staff shortages and confusion and delays over how to isolate or quarantine individuals during the worst waves of COVID-19.

The audit noted OPWDD’s stockpile of PPE was exhausted early in the pandemic, and group homes had trouble getting masks and gowns on their own due to overwhelming demand. Masks were crucial to stopping the spread of COVID-19 and especially important in group homes settings, where clients often have multiple medical issues and staff typically cannot socially distance when helping individuals with bathing, dressing or eating. Staff at three of 16 group homes visited said they had to resort to reusing face masks and gowns at early stages of the pandemic.

The pandemic further led to staffing shortages at many group homes. To maintain minimum staffing levels, some frontline employees had to work across multiple group homes or work longer than normal shifts, risking increased physical and emotional fatigue, mental distress, and contracting COVID-19. Between March 2020 and November 2021, 81 group homes were closed or temporarily closed due to staffing shortages.

OPWDD recertifies group homes every three years, but according to the audit, their oversight needs improvement. While review of emergency response plans are part of the recertification process, OPWDD inspectors did not review plans for infection control practices or public health emergency response.

In May of 2020, OPWDD began COVID-19 surveys of group homes to better assess their response to the pandemic, but the audit found investigators only visited 22% of homes. Further, surveys often lacked meaningful observations, and staff at certified group homes were not required to take refresher trainings on infection controls.

DiNapoli’s audit recommends OPWDD:

• Review and update the Emergency Management Operations Protocol and supplemental documents to ensure all group homes implement current policies and procedures in the event of another public health emergency.
• Develop procedures to ensure that group homes’ emergency plans encompass planning for and responding to public health emergencies.
• Ensure that monitoring and review protocols address well-developed infection control practices and are consistently applied when conducting reviews at homes.
• Establish effective communication with staff responsible for infection control policies and procedures when deficiencies are identified.

While OPWDD expressed concern with the audit’s methodology, it agreed with many of the recommendations.

Audit

Pandemic Planning and Care for Vulnerable Populations

MAYOR ADAMS AND NYPD COMMISSIONER SEWELL VISIT NYPD OFFICER WHO WAS SHOT

 

Police Commissioner Keechant Sewell: Thank you for being here. We began our day today by honoring three of our members who performed in a heroic manner, injured in Times Square on New Year's Eve, and now less than 10 hours later, we are back in a hospital with another officer injured. This time shot by another subject armed with a firearm on our streets. This officer, a 22-year-old, who took this job to protect our city, began his assignment at the 103 Precinct, which covers Jamaica, Queens three months ago today. He was where our communities tell us they want their officers to be, standing a foot post. He was flagged down by a community member who needed help. He was taking police action. Then he was shot. Before I turn it over to Chief of Detectives James Essig, he's going to brief you on the incident and the investigation so far. I want to thank the staff here at Jamaica Hospital, Dr. Katherine McKenzie and the team here for their excellent care of our officers.

 

I also want to thank the officer's partner. He too has less than a year with his department. He did not take a moment to take action in this case. He did not hesitate to come to the aid of his fellow officer. I also want to thank the members of the 103 Precinct for continuing to work hard to keep our community safe. The mayor and I, as well as our fellow New Yorkers, are with the 103 and our officers tonight. New Yorkers, you are our force multiplier. We are going to need your assistance in identifying and apprehending this offender. He should be considered armed and dangerous. Here is his picture. Please look at it. I'm going to turn it over now to Mayor Adams.

 

Mayor Eric Adams: Thank you, commissioner. And the commissioner laid out at the beginning of the day, we honored those officers who were attacked on New Year's Eve. Now, at this part of the day, we're here in the hospital speaking to the heroes who performed well. But we also did something in the middle of the day. In the middle of the day, we signed a contract. We signed a contract that signified how much respect we have for the men and women who protect the city. And during that contract sign in, I stated that our officers run towards gunshots when others run away. That is what happened today.

 

And I also spoke with the parents. One of them is a member of the department. The other, the mom, whispered in my ear. She stated, "I recalled at the graduation ceremony how you talked about your mother exhaled for the first time after you retired." She's still holding her breath. Her child was on our street to protect the children of our cities and their families. We cannot thank them enough. And that question mark that some people have when you talk about ensuring we provide for our offices, today that gunshot straightened it to an exclamation point. This is why they place their lives on the line for us. Chief Essig.

 

James Essig, Chief of Detectives, Police Department: Thank you. I'd like to update you on the investigation. At approximately 3:20 PM at 161st Street in Jamaica Avenue, an MTA bus driver traveling eastbound on Jamaica Avenue flagged down two police officers assigned to the 103rd Field Training Unit. The bus driver informed the officers that a male was disputing with another passenger over a seat. When the officers approached the bus, the male exited through the front door. A slight struggle ensued. That male wearing a black bubble jacket, black mask, an orange sweatshirt, pushed the officers and fled northbound on 161st Street.

 

In front of 90-23 161st Street, one of the police officers caught up with the perpetrator. A brief struggle occurred. The perpetrator fired one shot striking our officer in the right hip. The second police officer returned fire two times. Recovered at that scene is two discharged shell casings consistent with the Police Department ammo and one shell casing of yet undetermined caliber. The perp flees northbound on 161st Street and westbound on 88th Avenue into a parking garage. Recovered in that parking garage is the black bubble jacket, the mask and the orange sweatshirt. Video shows that male exiting the garage. He is in a white T-shirt and black pants shown here. He is last seen at 161st Street and Hillside Avenue. We are asking for anyone's help. Anyone who is on that bus, anyone who knows this perpetrator to call 1-800-COP-SHOT. There is a $10,000 reward for any information.

Dealer Of Fentanyl-Laced Heroin That Resulted In The Overdose Death Of Actor Michael K. Williams Pleads Guilty

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that IRVIN CARTAGENA, a/k/a “Green Eyes,” pled guilty today to conspiring to distribute heroin, fentanyl, and fentanyl analogue.  As part of the conspiracy, CARTAGENA distributed the fentanyl-laced heroin that resulted in the death of Michael K. Williams.  CARTAGENA pled guilty earlier today before U.S. District Judge Ronnie Abrams.

U.S. Attorney Damian Williams said: “Irvin Cartagena sold fentanyl-laced heroin in broad daylight in New York City, feeding addiction and causing tragedy.  In doing so, he dealt the fatal dose that killed Michael K. Williams.  This Office and our law enforcement partners will continue to hold accountable the dealers who push this poison, exploit addiction, and cause senseless death in our community.”

According to the allegations in the complaints, court filings, and statements made in Court:

Between at least in or about August 2020 and February 2022, a drug trafficking organization (the “DTO”) was operating in the vicinity of 224 South 3rd Street in the Williamsburg neighborhood of Brooklyn, New York.  The DTO sold heroin laced with fentanyl and a fentanyl analogue on the street in front of, and from an apartment inside of, the apartment building located at 224 South 3rd Street, among other places.  On or about September 5, 2021, members of the DTO sold Michael K. Williams heroin, which was laced with fentanyl and a fentanyl analogue, with CARTAGENA executing the hand-to-hand transaction.  Williams died as a result of using that fentanyl-laced heroin.  Despite knowing that Williams died after being sold the DTO’s product, CARTAGENA and his co-conspirators continued to sell fentanyl-laced heroin in broad daylight amidst residential apartment buildings in Brooklyn and Manhattan.           

CARTAGENA, 39, of Brooklyn, New York, pled guilty to one count of conspiracy to distribute and possess with intent to distribute fentanyl analogue, fentanyl, and heroin, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 40 years in prison.  As part of his guilty plea, CARTAGENA stipulated that the substances he conspired to distribute and possess with intent to distribute resulted in the death of Michael K. Williams.

The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Williams praised the outstanding work of the New York City Police Department and the New York/New Jersey High Intensity Drug Trafficking Area Intelligence Analysts.  Mr. Williams also thanked the Organized Crime Drug Enforcement Task Forces New York Strike Force, the United States Marshals Service, the New York/New Jersey Regional Fugitive Task Force, and the New York Division of the Drug Enforcement Administration for their assistance in this case. 

VCJC News & Notes 4/5/23

 

Van Cortlandt Jewish Center
News and Notes

Chag Pesach Sameach Here's this week's edition of the VCJC News and Notes email. We hope you enjoy it and find it useful! Reminders Shabbos Shabbos information is, as always, available on our website, both in the information sidebar and the events calendar. Here are the times you need:   Shabbos Candles Friday 4/7/23 @ 7:08 pm Shabbos morning services at 8:40 am.  Please join the services if you can do so safely.  Shabbos Ends Saturday 4/8/23 @ 8:12 pm   Passover Services in the morning only.  Thursday, April 6, Friday, April 7, Wednesday, April 12, Thursday, April 13, and Shabbos April 15 at 8:40 AM.   Candle lighting: This week: Wednesday, 4/5 @ 7:06 PM, Thursday, 4/6 @ 8:10 PM or later, Friday @ 7:08 PM.  Candle lighting: Following Week: Tuesday, 4/11 @ 7:13 PM, Wednesday, 4/12 @ 8:17 PM or later.   Passover ends 8:18 pm 4/13.    Yizkor Yizkor will be said on Thursday, April 13 at approximately 9:40 AM. It is customary to make a charitable donation in conjunction with Yizkor.  If you wish to donate to VCJC as part of your Yizkor observance, it can be done in person at the office, by check, or online through our website   HOLOCAUST MEMORIAL PROGRAM Sunday April 16        10:00 am Speaker:  Larry Hartstein        Topic:  The Nazi SS:  A Criminal Organization Van Cortlandt Jewish Center 3880 Sedgwick Ave Bronx, NY 10463

KRVC - Upcoming 4Bronx Events - Easter, Restaurant Week & Pride!

 

Join Us for all of these Upcoming 4Bronx Events!

Click HERE to visit the Restaurant Week Website for more information. Save the Date for Riverdale Pride!

Look forward to seeing you! 505BX.org

Attorney General James Shuts Down Websites Impersonating NYS Department of State

 

Company Misled Small Businesses and Overcharged for Services AG James Offers Tips to Help New Yorkers Identify Real Government Websites

New York Attorney General Letitia James shut down two websites that impersonated the New York State Department of State (NYSDOS) and significantly overcharged users for services provided by NYSDOS. The misleading websites, created by Thomas Romano and his company, Steamin’ Weenie LLC (Steamin’ Weenie), closely mimicked NYSDOS’ Division of Corporations site by using the agency’s official seal and logo, and allowed users to file various business-related documents with federal, state, and local entities for much higher prices than NYSDOS offered. One of the websites charged $135 for a certified copy of a certificate of incorporation, which cost only $10 from NYSDOS at the time. The NYSDOS helps individuals file paperwork for their businesses, such as corporate registry documents, or start a limited liability company (LLC). There were no disclosures on the websites that they were operated by a private third-party agreeing to file documents on behalf of their users. In addition to shutting down the websites, Attorney General James secured $44,387 in penalties from the company and its owner.

“Misleading consumers is not a smart business plan, it’s unethical and illegal,” said Attorney General James. “These websites deceived hardworking New Yorkers who were simply trying to open up their own business and file the necessary paperwork to do so. Scam artists may think they are savvy, but breaking state laws and conning New Yorkers will get you into hot water with my office. I encourage everyone to be vigilant and ensure the websites they are visiting to conduct government business are legitimate.”

“Impersonating the New York Department of State as a way of defrauding business owners out of their hard-earned money was not only deceptive, unfair, and misleading, it was illegal,” said Secretary of State Robert J. Rodriguez. “Attorney General James shares the Department’s commitment to protecting New Yorkers and we thank her for her perseverance in holding these bad actors accountable.”

The NYSDOS alerted the Office of the Attorney General (OAG) of the fraudulent websites. The websites, which the company has since taken down, adopted significant elements of the look and feel of the official website from 2021 and copied graphical elements. For example, the homepage of one website had a logo substantially similar to the one displayed on the official website, a slightly modified version of the state’s Great Seal, and a customer support phone number was listed with an Albany area code, although the sole operator of the website lived downstate. The website also referred to itself as the “Corporation Services Division,” a name similar to NYSDOS’ Division of Corporations.

Today’s agreement requires Thomas Romano and his company to pay $44,387 in penalties and prevents the company and its owner from using any government logos, seals, or other similar iconography to deceive consumers into believing that they are dealing with a government entity. They will also be required to clearly and conspicuously disclose to consumers that they are a private third-party and not affiliated with the government. 

How to Identify a Government Website

New Yorkers should be vigilant of websites that may appear to be government sites but are not. Here are some recommendations for how to spot a legitimate government website:

• Check the URL. Government websites typically utilize a ‘.gov’ domain name and a secure connection, which can be spotted when the URL begins with “https” instead of http, and/or the browser displays a padlock icon next to the URL.
• Avoid selecting sponsored links. Typically, government websites will not appear as sponsored links after a web search.
• Find the agency you’re looking for on the state’s main website. All the states’ agencies and services can be found on www.ny.gov. For New York City agencies and services, visit www.nyc.gov. Most localities will also house all their services and agencies on their main site.
• Check the contact page. Legitimate websites have important information where web users can find how to reach a government agency, where to find that agency and social media links. The absence of a legitimate (or any) address and a working phone number should be a cause for concern.
• Check the website's privacy policy. Websites should have adequate information about privacy, terms, and conditions of use.
• Review your costs before paying. If a service fee appears to be too high, make sure you are on a legitimate government website using the tips above before making a payment.

If New Yorkers detect a website that is trying to pass itself off as an official government resource but is not, they are encouraged to file an online complaint with OAG’s Bureau of Internet and Technology.