Eight Bronx Men Charged For Participation In Beer Theft Enterprise

 

Damian Williams, the United States Attorney for the Southern District of New York; James E. Dennehy, Special Agent in Charge of the Newark Field Office of the Federal Bureau of Investigation (“FBI”); Edward T. Cetnar, Superintendent of Police and Director of Public Safety of the Port Authority of New York and New Jersey (“PANYNJ”); and Sean Douris, the Chief of Police, Public Safety, and Infrastructure Protection at CSX, announced today the unsealing of a seven-count Indictment charging JOSE CESARI, a/k/a “Cry,” MIGUEL CINTRON, LUIS IZQUIERDO, a/k/a “Luis Zapata,” WAKIEM JOHNSON, a/k/a “Waka,” KEMAR BONITTO, DEYLIN MARTINEZ-GUERRERO, ANTONIO GONZALEZ, and JUSTIN BRUNO with crimes arising from their participation in a multi-year scheme to steal beer — primarily Corona and Modelo shipped from Mexico — from railroad cars and beverage distribution facilities located throughout the Northeast, including in Connecticut, Massachusetts, New Jersey, and New York (the “Beer Theft Enterprise”).  Six defendants were arrested and went before U.S. Magistrate Judge Robyn F. Tarnofsky.  CESARI remains at large, and BONITTO is in state custody in Connecticut.  The case is assigned to U.S. District Judge Edgardo Ramos. 

U.S. Attorney Damian Williams said: “For years, the Beer Theft Enterprise has operated brazenly, allegedly breaking into railyards and beverage distribution facilities throughout the Northeast and filling U-Haul box trucks to the brim with cases of beer.  That dangerous and disruptive conduct — sometimes allegedly accompanied by the threat of violence — has left several beverage distribution and railroad companies ailing.  Today’s arrests reinforce that the Beer Theft Enterprise’s staggering thefts will not be tolerated in the Southern District of New York.” 

FBI Special Agent in Charge James E. Dennehy said: “Train heists harken back to the days of the Wild West and gunslingers riding horses, stealing loot from rail cars.  The romanticized image has nothing to do with the modern-day criminals we allege took part in a theft ring in New Jersey, New York, and beyond that targeted railyards and beverage distribution centers.  They used the cover of night to cut through fencing, off-load pallets of beer, and sold off the stolen goods, costing the victims’ companies hundreds of thousands of dollars.  The alleged ringleader Cesari often used a weapon during the robberies.  Our team of agents and investigators working on this case has done an outstanding job bringing these alleged thieves' crime spree to the end of the line.”

CSX Chief of Police, Public Safety, and Infrastructure Protection Sean Douris said: “CSX is committed to protecting the safety of its property and that of its customers.  We take criminal activity very seriously.  Railyards are privately owned property and unauthorized activity is considered criminal trespassing and violators will be prosecuted.  CSX appreciates the valuable partnerships we have with federal and local law enforcement agencies in New York, and across our network, who are crucial when it comes to investigating incidents and prosecuting individuals responsible for theft.”

According to the allegations in the Indictment:[1]     

Between in or about July 2022 and in or about March 2024, the Beer Theft Enterprise carried out dozens of beer thefts throughout the Northeast, which cumulatively resulted in losses to certain beverage distribution companies of at least hundreds of thousands of dollars.

In a typical theft, the Beer Theft Enterprise operated under cover of night.  At least some of the members of the Enterprise working that night assembled in the Bronx before travelling to that night’s target railyard or beverage distribution facility.  Typically, one or more members working that night drove a vehicle — often a U-Haul box truck — to the target location to be filled with cases of stolen beer.  After arriving at the railyard or beverage distribution facility, members of the Enterprise commonly gained unauthorized access by cutting a hole in the fencing surrounding the location.  When stealing from a railyard, members frequently cut the lock to railroad cars containing sealed pallets of cases of beer — usually Corona or Modelo — then unsealed the pallets and transported the cases of beer to their waiting vehicles.  Generally, they transported the stolen beer to the Bronx, where it was inspected and made available for sale.  The participating members of the Beer Theft Enterprise were usually paid hundreds of dollars for the night’s work after assisting in a beer theft.

As a leader of the Beer Theft Enterprise, CESARI was often present during these robberies.  Sometimes, during a particular beer theft, CESARI used a police scanner to monitor potential police activity.  In addition to participating in many of the Enterprise’s raids over the course of the conspiracy, CESARI sometimes sought to recruit new members to the conspiracy with promises of monetary gain.

CINTRON, IZQUIERDO, JOHNSON, BONITTO, MARTINEZ-GUERRERO, GONZALEZ, and BRUNO were members of the Beer Theft Enterprise.  These defendants participated in certain thefts perpetrated by the organization by, for example, renting or driving vehicles that were used in particular thefts, helping plan or execute particular thefts by communicating with CESARI, and otherwise assisting in particular thefts.

A chart containing the names, ages, charges, and minimum and maximum penalties for the defendants is set forth below. 

The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the outstanding investigative work of the FBI, the PANYNJ, and the CSX Police Department.

This case is being handled by the Office’s General Crimes Unit.  Assistant U.S. Attorney Joseph H. Rosenberg is in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Count	Charge	Defendants	Min. and Max. Penalties
1	Conspiracy to steal from interstate or foreign shipments by carrier, and to break and enter carrier facilities with intent to commit larceny therein	CESARI, 27; CINTRON, 32;  IZQUIERDO, 40; JOHNSON, 31;   BONITTO, 38; MARTINEZ-GUERRERO, 28;  GONZALEZ, 33; and  BRUNO, 23	Maximum sentence of five years in prison
2	Theft from interstate or foreign shipments	CESARI, CINTRON,  IZQUIERDO, and  JOHNSON	Maximum sentence of 10 years in prison
3	Theft from interstate or foreign shipments	CESARI, BONITTO,  and GONZALEZ	Maximum sentence of 10 years in prison
4	Theft from interstate or foreign shipments	CESARI and  BRUNO	Maximum sentence of 10 years in prison
5	Conspiracy to commit Hobbs Act robbery	CESARI	Maximum sentence of 20 years in prison
6	Hobbs Act robbery	CESARI	Maximum sentence of 20 years in prison
7	Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence	CESARI	Mandatory minimum consecutive sentence of seven years in prison  Maximum sentence  of  life in prison

 [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 should be treated as an allegation.

Texas Man Sentenced for Hate Crimes Following Mass Shooting Targeting Muslims at Car Repair Shop

 

A Dallas man was sentenced to 37 years in prison, with credit for time served in state custody, following his guilty plea to hate crime charges arising out of a fatal shooting at a car repair shop.

On Sept. 14, 2023, Anthony Paz Torres, 39, pleaded guilty to five federal hate crime counts for killing one individual and attempting to kill four others during a mass shooting at Omar’s Wheels and Tires in Dallas on Dec. 24, 2015. Torres also pleaded guilty to one count of using a firearm to commit the murder.

“As this sentence makes clear, hate crimes fueled by Islamophobia, or by bias of any kind, will be met with the full force of the Justice Department,” said Attorney General Merrick B. Garland. “No person in this country should have to live in fear because of who they are, what they look like, or how they pray.”

“The defendant attempted to commit a mass shooting and intentionally targeted victims at a Muslim-owned business,” said FBI Director Christopher Wray. “This case is an abhorrent example of how deadly Islamophobia can be in our own country and the severe consequences that wait for anyone who commits acts of hateful violence. The FBI places civil rights investigations as one of our highest priorities because everyone deserves to practice their religion without fear.”

“No person in the United States should fear that they will be the target of violence because of their religion,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The sentence handed down today ensures that Torres will be held accountable for the hate-fueled, Islamophobic violence he inflicted on the victims in this case. The Justice Department will continue to vigorously investigate and prosecute such hate crimes.”

“North Texans come from a variety of religious traditions and backgrounds, and no one should have to live in fear because of the way they worship,” said U.S. Attorney Leigha Simonton for the Northern District of Texas. “This case demonstrates the U.S. Attorney’s Office’s dedication to protecting members of our north Texas community from acts of violence fueled by hatred toward any religious group. Let the message be clear: if you commit such acts, we will seek to prosecute you and send you to prison for as long as possible.”

According to court documents, Torres admitted that a few days prior to the shooting, he went to Omar’s Wheels and Tires, made anti-Muslim comments, and pledged that he would come back. When he returned to the business on Dec. 24, 2015, Torres asked customers if they were Muslim. After being escorted back to his vehicle by Omar’s Wheels and Tires employees, Torres discharged his firearm in the direction of multiple employees and customers. Torres admitted that he killed one person and attempted to kill four other people at Omar’s Wheels and Tires because he believed that they were Muslim. 

The FBI Dallas Field Office investigated the case, with assistance from the Dallas Police Department and Dallas Criminal District Attorney’s Office.

Assistant U.S. Attorney Nicole Dana for the Northern District of Texas and Rebekah J. Bailey, formerly a Trial Attorney with the Justice Department’s Civil Rights Division, prosecuted the case, with the help of Assistant U.S. Attorney Stephen Gilstrap for the Northern District of Texas.

For more information and resources about the Department’s work to combat hate crimes visit www.justice.gov/hatecrimes.

Governor Hochul Announces $4 Million to Enhance Services for Individuals With Complex Mental Health Care Needs Statewide

Will Enable Providers to Increase and Expand Outpatient Services; Better Engage New Yorkers Struggling with Mental Illness 

Governor Kathy Hochul today announced that nearly $4 million has been awarded to 77 community-based providers to establish, enhance, or expand access to specialized treatment for New Yorkers with complex mental health care needs. Administered by the New York State Office of Mental Health, the awards are part of the Governor’s $1 billion plan to strengthen the state’s mental health care system by adding capacity system-wide, expanding existing programs with a record of success, funding new evidence-based initiatives, and increasing direct engagement at every stage of service. The $4 million will allow healthcare providers on the front lines to increase outpatient engagement, provide effective group intervention, and fast-track access to vital behavioral health programs, including for groups not historically reached by traditional systems of care.

“New Yorkers struggling with mental illness should be able to access care when needed so they can live safely and successfully within their communities,” Governor Hochul said. “This funding will support providers as they enhance and deliver critical outpatient services including rehabilitative services, psychiatric assessment, and crisis intervention services.”

Programs receiving funding must provide complex care management and specific mental health outpatient treatments for individuals, groups, and families. These programs collectively serve more than 350,000 individuals annually, including many with a variety of high-risk or specialized mental health needs.

Office of Mental Health Commissioner Dr. Ann Sullivan said, “This funding will provide innovative approaches to engage and involve individuals and families who have been underserved by our mental health system. These dollars support services that fast-track access to care and work to ensure quality coordinated services. By building these programs, Governor Hochul is helping to ensure everyone in our state has access to critical mental health supports when and where they need them.”

The 77 community-based providers are located throughout New York State. A list of recipients by OMH region is available here.

Providers awarded funding have experience as OMH-licensed mental health outpatient treatment rehabilitative service programs, serving individuals with significant mental health needs or experiencing a mental health crisis. Nearly all of the allocated $1 billion is now in procurement.

Governor Hochul’s proposed FY 2025 Executive Budget builds on this vision through establishing new inpatient capacity, strengthening youth mental health programs; and codifying regulations to safely discharge individuals from inpatient settings.