Former Metropolitan Correctional Center Inmates Found Guilty At Trial For Bribery And Prison Contraband Scheme

 

Damian Williams, the United States Attorney for the Southern District of New York, announced that ANTHONY ELLISON and STARLIN NUNEZ, two former inmates of the Metropolitan Correctional Center (“MCC”), a federal jail, were found guilty today in Manhattan federal court for perpetrating wide-ranging bribery and prison contraband conspiracies with other inmates and MCC employees at the jail.  Six additional former MCC inmates and three former MCC employees previously pled guilty in this case.  NUNEZ will be sentenced by U.S. District Judge Andrew L. Carter, Jr., on June 6, 2024, and ELLISON will be sentenced by Judge Carter on July 9, 2024. 

 

U.S. Attorney Damian Williams said: “Our federal detention centers are entrusted to provide care, custody, and order over inmates.  Anthony Ellison, Starlin Nunez, and their co-conspirators undermined the MCC’s mission through wide-ranging schemes of bribery and distribution of dangerous contraband, including drugs and cellphones.  Today’s unanimous verdict convicting Ellison and Nunez, and the convictions of their co-conspirators through guilty pleas, demonstrates that correctional officers and inmates who corrupt our detention centers will be held accountable.” 

According to the Indictment, public court filings and proceedings, and the evidence presented at trial:

NUNEZ, a/k/a “Chino,” and ELLISON, a/k/a/ “Harv,” were both inmates at the MCC and perpetrated with other inmates and MCC guards an extensive bribery and contraband distribution scheme within the jail between approximately 2018 and 2021.  During the course of the conspiracy, between approximately 2019 and 2020, at least 10 MCC inmates, including NUNEZ and ELLISON, paid nearly $80,000 in bribes to Perry Joyner, a corrupt MCC correctional officer.  The inmates paid the bribes through friends and relatives outside the jail, who used money transfer applications such as CashApp to transfer money to associates of Joyner.  The associates then provided the bribes to Joyner himself.  In exchange for those bribes, Joyner smuggled large amounts of contraband into the MCC.  That contraband included drugs (such as oxycodone, alprazolam, Suboxone, marijuana, and synthetic cannabinoids, commonly known as “K2”), dozens of cellphones, and cartons of cigarettes, among other contraband.  MCC inmates, including NUNEZ and ELLISON, then sold much of that contraband to other inmates at a profit as part of a widespread illicit market within the MCC.  For example, ELLISON charged other inmates as much as $100 for a single cigarette and as much as $5,000 for a used iPhone.   

In approximately early 2020, Joyner left the MCC, and the jail initiated a series of lockdowns, first to search for contraband and then in response to the COVID-19 pandemic.  As a result of those lockdowns and Joyner’s departure, the contraband market in the MCC dried up until ELLISON found a new source of contraband.  In particular, between approximately 2020 and 2021, ELLISON conspired and had a sexual relationship with another corrupt MCC employee, Sharon Griffith-McKnight, who provided contraband to ELLISON, most of which he then re-sold to other inmates. 

ELLISON, 36, from Brooklyn, New York, was convicted of one count of conspiring to commit honest services wire fraud, which carries a maximum sentence of 20 years in prison, and one count of conspiring to possess and provide prison contraband, including marijuana and other controlled substances, which carries a maximum sentence of five years in prison.

NUNEZ, 47, originally from the Dominican Republic, was convicted of one count of conspiring to commit honest services wire fraud, which carries a maximum sentence of 20 years in prison, and one count of conspiring to possess and provide prison contraband, including cellphones, which carries a maximum sentence of one year in prison. 

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

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation, the Department of Justice’s Office of the Inspector General, the Special Agents from the U.S. Attorney’s Office for the Southern District of New York, and the U.S. Customs and Border Protection in New York.

Attorney General James Reaches Agreement with Hudson Valley Health Care Provider to Invest $1.2 Million to Protect Patient Data

Ransomware Attack on Refuah Health Compromised the Data of 250,000 New Yorkers

New York Attorney General Letitia James today announced an agreement with a Hudson Valley-area health care provider, Refuah Health Center, Inc. (Refuah), for failing to safeguard the personal and private health information of its patients. The Office of the Attorney General (OAG) found that Refuah failed to maintain appropriate controls to protect and limit access to sensitive data, including by failing to encrypt patient information and using multi-factor authentication. As a result of Refuah’s poor data security, the health care provider experienced a ransomware attack that compromised the personal and private information of approximately 250,000 New Yorkers. Today’s agreement requires Refuah to invest $1.2 million to strengthen its cybersecurity and pay $450,000 in penalties and costs.  

“New Yorkers should receive medical care and trust that their personal and health information is safe,” said Attorney General James. “This agreement will ensure that Refuah is taking the appropriate steps to protect patient data while also providing affordable health care. Strong data security is critically necessary in today’s digital age and my office will continue to protect New Yorkers’ data from companies with inadequate cybersecurity.”

Refuah is a health care provider that operates three facilities and five mobile medical vans in the Hudson Valley. In May 2021, Refuah experienced a ransomware attack where the cyber-attacker was able to access the data of thousands of patients. Refuah determined that attackers gained access to files containing names, addresses, phone numbers, social security numbers, driver’s license numbers, dates of birth, financial account numbers, medical insurance numbers, and various health-related information. The OAG’s investigation concluded that attackers were able to access this data because Refuah had failed to adopt appropriate data security practices to protect patients’ personal and health information. Refuah failed to decommission inactive user accounts, rotate user account credentials, restrict employees’ access to only those resources and data that were necessary for their business functions, use multi-factor authentication, and encrypt patient information.  

As a result of today’s agreement, Refuah has agreed to invest $1.2 million to develop and maintain stronger information security programs to better protect patient data. The agreement also requires the health care provider to: 

• Maintain a comprehensive information security program designed to protect the security, confidentiality, and integrity of consumer information;  
• Implement and maintain policies and procedures that limit access to consumer information;  
• Require the use of multi-factor authentication to remotely access resources and data; 
• Regularly rotate credentials that are used to access resources and data; 
• Conduct audits at least semi-annually to ensure users only have access to resources and data necessary for their business functions;  
• Encrypt all consumer information, whether stored or transmitted;  
• Implement controls to monitor and log all security and operational activity of the company’s networks and systems; and  
• Develop, implement, and maintain a comprehensive incident response plan.   

Refuah is also required to pay $450,000 in penalties and costs to the state, of which $100,000 will be suspended when the company spends $1.2 million to develop and maintain its information security program. 

Today’s agreement continues Attorney General James’ efforts to protect New Yorkers’ personal information and hold companies accountable for their poor data security practices. In December, Attorney General James secured $400,000 from a dental insurance provider, Healthplex, Inc., for failing to safeguard consumers’ private information. In November, Attorney General James secured $450,000 from U.S. Radiology for failing to protect patient data. In October, Attorney General James secured $350,000 from Long Island health care company Personal Touch for failing to secure the data of 300,000 New Yorkers. Also in October, Attorney General James and a multistate coalition secured $49.5 million from cloud company Blackbaud for a 2020 data breach exposing the data of thousands of users. In September, Attorney General James reached an agreement with Marymount Manhattan College to invest $3.5 million to protect students’ online data. In May, Attorney General James recouped $550,000 from a medical management company for failing to protect patient data. In April, Attorney General James released a comprehensive data security guide to help companies strengthen their data security practices.   

MYTHBUSTING: Amid Rising Anti-Immigrant Rhetoric, Comptroller Lander Unveils Fact Sheet on How Immigrants Benefit New York City

 

In light of fearmongering against asylum seekers, “Facts, Not Fear” details economic boon of immigration, the right to seek asylum & history of migration

Amid rising anti-immigrant sentiment and rhetoric with the arrival of asylum seekers in New York, New York City Comptroller Brad Lander released a fact sheet called Facts, Not Fear, dispelling prevalent myths surrounding immigrants’ impact on the country and New York City’s population and economy. 

“For nearly two centuries, New York has been a welcome harbor for generations of immigrants—and the arrival of asylum seekers today is no exception,” said Comptroller Brad Lander. “In the last twenty months, New York City has readily received over 100,000 asylum seekers at a time when we did not know how we would recover from losing nearly half a million residents during the pandemic. Rather than shutting the door on new New Yorkers, our City, State, and federal government must work together to keep the tradition of embracing immigration.”

Below are some key excerpts from the fact sheet: 

FACT: Immigrants, regardless of status, strengthen our economy as workers, entrepreneurs, tax payers, and consumers. Immigrant New Yorkers are more likely to be employed, are more likely to create jobs by starting a business, and contribute billions of dollars to our New York economy in spending power and tax revenue. In 2021, immigrant New Yorkers paid $61 billion dollars in taxes and constituted $138 billion dollars in spending power; undocumented immigrants contributed $30.8 billion in total taxes nationally, including $18.6 billion in federal income taxes and $12.2 billion in state and local taxes. 

FACT: Immigrants drive population and workforce growth. New immigration helps the economy compensate for declining birth rates, slow population growth, and residents moving out of the city. New York City lost over 100,000 workers since February 2020. Immigrant workers do not take jobs away from native-born workers, instead, immigrants are more likely to be entrepreneurs than native-born Americans and actually create more jobs than they take.

FACT: Seeking asylum is lawful immigration. The right to seek asylum in the U.S. is enshrined under federal law. 8 U.S.C. § 1158(a)(1). This right to seek safety from persecution is also guaranteed under international law. The first step in seeking asylum, as required by statute, is arriving in the United States, regardless of how they arrived. Many of the asylum seekers who have reached New York City come from countries, such as Venezuela, Mauritania, and Haiti, where the U.S. Department of State has identified prevalent human rights abuses, including torture, false imprisonment, and slavery.

FACT: The federal government can (and should) do more to help local governments and asylum seekers. The federal government can provide more funding and flexibility in reimbursing localities for the cost of providing shelter, case management, workforce development, and legal services. In addition, providing more lawful immigration pathways can also provide more access to work authorizations. Between 2022 and 2023, illegal crossings from Ukrainians, Haitians, Venezuelans, Cubans, and Nicaraguans sharply decreased after lawful pathways to entry through humanitarian parole were implemented for those countries.

FACT: The U.S. and New York City have seen periods of comparable or greater growth in our immigration populations to the current period of asylum seeker arrivals in New York City. The period from 2012 to 2022 saw slower growth in the immigrant share of the population than the 2000s, 1990s, 1980s and 1970s. In the 1990s, the U.S. immigrant population  grew exponentially from 19 million to over 30 million between 1990-2000. The undocumented population in New York City has declined over the last decade. Approximately 476,000 undocumented immigrants lived in NYC in 2019, the most recent year data is available, as compared to 504,000 in 2018.

FACT: The world is currently experiencing a global refugee crisis – more people have been forced to leave their home countries than ever before. Globally, over 100 million people have been displaced due to armed conflict, instability, and violence, including over 6 million Ukrainians displaced by Russian invasion and over 7 million Venezuelans displaced by economic collapse, and about 6 million out of the over 7 million displaced Venezuelans have migrated to other Latin American or Caribbean countries.

FACT: New York City is the greatest immigrant city the world has ever seen. New York City’s population increased by over 1.3 million people from 1900 to 1910 due to immigration. In just one day in 1907, over 11,000 immigrants entered New York City through Ellis Island. Today, with twice as many people than in 1907, New York City welcomes up to 600 migrants a day seeking shelter. Over 3 million New York City residents are immigrants, comprising about 40 percent of our city’s population.

Read the full fact sheet here. 

HELLS ANGELS MEMBERS SENTENCED TO PRISON IN SHOOTING OF TWO RIVAL GANG MEMBERS

 

One Man Was Killed, Another Wounded in Broad Daylight Retaliation Shooting; One Defendant Received 15 to Life and the Other 13 Years

 Bronx District Attorney Darcel D. Clark today announced that two members of the Hells Angels were sentenced to prison for a 2020 shooting in the Allerton area that left one member of the Pagans motorcycle gang dead and another wounded. 

 District Attorney Clark said, “The defendants shot the victims in retaliation for a shooting outside the Hell’s Angels headquarters four months earlier. The defendants carried out this violence in a residential area, near a busy intersection in broad daylight. They pleaded guilty and now will serve time in prison.” 

 District Attorney Clark said the defendants, Frank Tatulli, 61, of Hollywood Avenue, the Bronx, and Sayanon Thongthawath, 32, of 53rd Street, Queens, pleaded guilty on November 16, 2023. On January 4, 2024, Tatulli was sentenced to 15 years to life in prison for second-degree Murder and Thongthawath was sentenced to 13 years in prison and five years post-release supervision for first-degree Manslaughter, by Bronx Supreme Court Justice George Villegas.

 According to the investigation, on the afternoon of May 2, 2020 the defendants drove to 2522 Holland Avenue, where they shot at Francisco Rosado, 51, striking him five times, and Javier Cruz, 42, wounding his arm. The shooting was in retaliation for gunfire outside the Hell’s Angels headquarters on Longstreet Avenue on January 2, 2020.

 District Attorney Clark thanked NYPD Detective Anthony Velez of the Bronx Homicide Squad and NYPD Detective Michael Gersch of the 49th Precinct for their work in the investigation.

Governor Hochul Urges New Yorkers to Prepare as Winter Storm Expected to Impact Parts of State with Heavy, Wet Snow Late Saturday and Sunday

 

Areas North of New York City, Including the Capital, Central New York, Mid-Hudson, Mohawk Valley, and Southern Tier Regions, Could See Up to Foot of Snow

NYC Metro Area to Receive Up to Two Inches of Rain with Snow and Sleet Possible

New Yorkers Urged to Prepare for Hazardous Travel Conditions and Possible Power Outages

State Agencies Ready to Respond to Requests for Assistance

Governor Kathy Hochul today urged New Yorkers to be prepared as a winter storm is forecasted to produce up to a foot of snow in areas north of New York City starting late Saturday and continuing through Sunday. Most locations in the Mid-Hudson, Southern Tier, Capital, Central New York, and Finger Lakes regions are expected to receive mostly snow from the weather system, while some places in the NYC Metro area could receive up to two inches of rain, as well as a wintry mix of snow and sleet through Sunday afternoon. The worst weather conditions are expected to begin late Saturday night and continue into Sunday morning for some locations. Governor Hochul urged New Yorkers to continue to track the storm over the weekend and make plans now to ensure their safety throughout the storm, including adjusting travel plans if necessary and preparing for possible power outages.

“New Yorkers are no strangers to snow, but it’s always important to be prepared and to know how to safely handle incoming weather,” Governor Hochul said. “I urge everyone to pay attention to their local forecast and to plan travel accordingly.”

Snow totals could reach up to a foot in the Mid-Hudson and Capital Regions with potentially higher totals in parts of the Catskills. Approximately 6-8” of snow is expected for eastern parts of the Southern Tier and parts of the Mohawk Valley, and 2-6” of snow is predicted to fall in Central NY, Finger Lakes, and parts of the North Country. Peak snowfall rates could reach 1-2” per hour during the overnight Saturday into Sunday.

For a complete listing of weather alerts and forecasts, visit the National Weather Service website at https://alerts.weather.gov. New Yorkers are also encouraged to sign up for emergency alerts by subscribing to NY Alert at https://alert.ny.gov, a free service providing critical emergency information to your cell phone or computer.

Agency Activities

New York State Division of Homeland Security and Emergency Services

The Division is actively monitoring the weather forecast and coordinating the State's response to the weather event. Office of Emergency Management staff are in contact with local counterparts and are prepared to facilitate requests for assistance. The Division is prepared to deploy emergency response assets and shelter supplies from the State's stockpiles.

New York State Department of Transportation

The State Department of Transportation is monitoring weather conditions and prepared to respond with 3,692 supervisors and operators available statewide. All residency locations will remain staffed for 24/7 operation throughout the duration of the event and priority cleanup operations. All available snow and ice equipment is ready to deploy. Fleet mechanics in affected areas will be staffing all main residency locations 24/7 to perform repairs and keep trucks on the road.

Statewide equipment numbers are as follows:

• 1,617 large plow trucks
• 149 medium duty plows
• 52 tow plows
• 343 large loaders
• 36 snow blowers

For real-time travel information, motorists should call 511 or visit https://www.511ny.org/ or the mobile site at m.511ny.org, New York State's official traffic and travel information source.

Thruway Authority

Thruway Authority maintenance facilities will be staffed around the clock and ready to respond with 700 plow operators and supervisors statewide. The Thruway Authority is deploying staff and equipment from its Buffalo Division to support snow and ice operations in the Mid-Hudson Valley region. Deployed resources include large plow trucks and plow operators. Additional resources are on standby and ready to shift as needed. In addition, impacted regions will have Emergency Operation Centers (EOC) open for the duration of the storm.

• 357 large and medium duty plow trucks
• 11 tow plows
• 67 loaders
• More than 126,000 tons of salt on hand

Variable Message Signs and social media are utilized to alert motorists of winter weather conditions on the Thruway.

The Thruway Authority encourages motorists to download its mobile app which is available for free on iPhone and Android devices. The app provides motorists direct access to real-time traffic information, live traffic cameras, and navigation assistance while on the go. Motorists can also sign up for TRANSalert e-mails and follow @ThruwayTraffic on X for the latest traffic conditions along the Thruway.

New York State Department of Public Service

Utility companies regulated by the Department of Public Service have approximately 5,500 workers available statewide to engage in repair and restoration efforts for the winter weather system. DPS staff will track utilities' work throughout the event and ensure utility companies shift appropriate staffing to regions that experience the greatest impact. If your service is interrupted, visit the DPS Utility Service Interruptions website for tips.

New York State Police

State Police are monitoring weather conditions and are prepared to deploy additional Troopers as needed. All State Police four-wheel drive and specialized vehicles, including snowmobiles and utility terrain vehicles, are staged and ready for immediate response, and all emergency power and communications equipment has been tested.

New York State Department of Environmental Conservation

DEC Emergency Management staff, Environmental Conservation Police Officers, Forest Rangers, and regional staff remain on alert and continue to monitor the developing situation and weather forecasts. All available assets are positioned to assist with any emergency response.

DEC reminds those responsible for the large-scale removal and disposal of snow to follow best management practices to help prevent flooding and reduce the potential for pollutants like salt, sand, oils, trash, and other debris in snow from affecting water quality. Disposal of snow in local creeks and streams can create ice dams which may cause flooding in nearby areas. Public and private snow removal operators should be aware of these safety issues during and after winter storms. Additional information is available at https://extapps.dec.ny.gov/docs/water_pdf/togs5111new.pdf.

New York State Office of Parks, Recreation and Historic Preservation

New York State Park Police and park personnel are on alert and closely monitoring weather conditions and impacts. Response equipment is being fueled, tested, and prepared for storm response use. Park visitors should check https://parks.ny.gov or call their local park office for the latest updates regarding park hours, openings, and closings.

Metropolitan Transportation Authority

The MTA is closely monitoring weather conditions to ensure safe, reliable service. MTA employees will be poised to spread salt, clear platforms and stairs where ice exists, and keep signals, switches, and third rail operating, remove any downed trees that may fall across tracks, and attend to any weather-related challenges during the storm. MTA Bridges and Tunnels is advising motorists to use caution when driving on icy roadways and drive at reduced speeds.

Customers are encouraged to check new.mta.info for the latest service updates, and to use caution while navigating the system. Customers should also sign up for real-time service alerts via text or email. These alerts are also available via the MTA's apps: MYmta and TrainTime.

Port Authority

The Port Authority monitors weather conditions across all its facilities. In the event of severe weather conditions, the agency issues regular travel alerts and updates as needed. For the latest information about Port Authority facilities, please check social media, sign up for PA alerts or download one of the PA mobile apps, including RidePATH, which provides real-time updates and alerts for PATH service.

Safety Tips

Travel

Some of the most important tips for safe driving include:

• Do not drive unless necessary.
• If you must travel, make sure your car is stocked with survival gear like blankets, a shovel, flashlight and extra batteries, extra warm clothing, set of tire chains, battery booster cables, quick energy foods and brightly colored cloth to use as a distress flag.
• If you have a cell phone or other communications device such as a two-way radio available for your use, keep the battery charged and keep it with you whenever traveling. If you should become stranded, you will be able to call for help, advising rescuers of your location.
• The leading cause of death and injuries during winter storms is transportation accidents. Before getting behind the wheel, make sure that your vehicle is clear of ice and snow; good vision is key to good driving. Plan your stops and keep more distance between cars. Be extra alert and remember that snowdrifts can hide smaller children. Always match your speed to the road and weather conditions.
• It is important for motorists on all roads to note that snowplows travel at speeds up to 35 mph, which in many cases is lower than the posted speed limit, to ensure that salt being dispersed stays in the driving lanes and does not scatter off the roadways. Oftentimes on interstate highways, snowplows will operate side by side, as this is the most efficient and safe way to clear several lanes at one time.
• Motorists and pedestrians should also keep in mind that snowplow drivers have limited lines of sight, and the size and weight of snowplows can make it very difficult to maneuver and stop quickly. Snow blowing from behind the plow can severely reduce visibility or cause whiteout conditions. Motorists should not attempt to pass snowplows or follow too closely. The safest place for motorists to drive is well behind the snowplows where the roadway is clear and salted. Never attempt to pass a snowplow while its operating.

Power Outages

• Check with your utility to determine area repair schedules.
• Turn off or unplug lights and appliances to prevent a circuit overload when service is restored; leave one light on to indicate when power has been restored.
• If heat goes out during a winter storm, keep warm by closing off rooms you do not need.

To Report an Electric Outage, Call:

• Central Hudson: 800-527-2714
• Con Edison: 800-752-6633
• National Grid: 800-867-5222
• NYSEG: 800-572-1131
• O&R: 877-434-4100
• PSEG-LI: 800-490-0075
• RG&E: 800-743-1701

Heating Safety

• Use only safe sources of alternative heat such as a fireplace, small well-vented wood or coal stove or portable space heaters.
• When using alternative heat sources such as a fireplace, woodstove, etc. always make sure you have proper ventilation. Always follow manufacturer's instructions.
• Keep curtains, towels, and potholders away from hot surfaces.
• Have a fire extinguisher and smoke detectors and make sure they work.
• If you use kerosene heaters to supplement your regular heating fuel, or as an emergency source of heat, follow these safety tips:

-Follow the manufacturers' instructions.

-Use only the correct fuel for your unit.

-Refuel outdoors only and only when the unit is cool.

-Keep the heater at least three feet away from furniture and other flammable objects.

-When using the heater, use fire safeguards and ventilate properly.

For more winter safety tips, visit https://dhses.ny.gov/safety. For all non-emergency service needs in New York State before, during or after a storm, call 211 or visit 211nys.org.

About the Division of Homeland Security and Emergency Services

The Division of Homeland Security and Emergency Services (DHSES) provides leadership, coordination, and support to prevent, protect against, prepare for, respond to, recover from, and mitigate disasters and other emergencies. For more information, follow @NYSDHSES on Facebook, Instagram, and X (formerly known as Twitter) or visit dhses.ny.gov.