Friday, July 5, 2024

Queens Man Sentenced to 3 to 9 Years in Prison for Running Red Light and Crashing into Vehicle, Killing Driver in Crown Heights

 

Defendant Pleaded Guilty to Manslaughter in May

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been sentenced to 3 to 9 years in prison following his guilty plea to second-degree manslaughter for speeding and running a series of red lights, ultimately crashing into another vehicle, and killing a man.

District Attorney Gonzalez said, “This defendant’s reckless decision to speed and disobey traffic lights cost an innocent man his life and endangered many others. He has now been held accountable for his criminal conduct. I remain committed to keeping Brooklyn’s streets safe for all people.”

The District Attorney identified the defendant as Elijah Lucaine, 25, of Cambria Heights, Queens. He was sentenced today by Brooklyn Supreme Court Justice Joanne Quinones to 3 to 9 years in prison. The defendant pleaded guilty to second-degree manslaughter on May 15, 2024.

The District Attorney said that, according to the investigation, on March 13, 2023, at approximately 4:35 p.m., the defendant was driving a 2015 white Infiniti when he was observed by police going through multiple red lights, traveling at a high rate of speed, and swerving in and out of oncoming traffic.

At approximately 4:45 p.m., at the southwest corner of Crown Street and Nostrand Avenue in Crown Heights, Brooklyn, the defendant drove through a red light at approximately 70-m.p.h., in a 25-m.p.h. zone, and t-boned a black Acura belonging to David Ellis, 56, who was in the driver’s seat. The victim was trapped in his car and the Emergency Services Unit ultimately had to cut off the door. The driver was taken to Kings County Hospital with a leg fracture, rib fractures, and a lung contusion. He died five days later because of blunt force trauma from the crash.

Attorney General James Announces Indictment of Orange County Transportation Company for Stealing Over $2.3 Million from Medicaid

 

New York Attorney General Letitia James announced the arrests and indictments of Daler Yuldashev and Damir Yuldashev, their company DYD Universe, Inc. (DYD), and Nigina Iskandarova for their roles in a scheme that stole over $2.3 million from Medicaid and paid illegal kickbacks to Medicaid recipients. Daler and Damir Yuldashev operated DYD as a medical transportation provider and used it to overcharge Medicaid millions of dollars in fees by billing for fake trips and adding fake tolls to the rides they did provide. Along with Iskandarova, they also illegally paid kickbacks to Medicaid recipients to recruit more customers.

“Medical transportation providers are an essential service for New Yorkers who lack the resources to travel to receive care,” said Attorney General James. “These individuals abused our health care system and stole millions of taxpayer dollars meant to provide care for New Yorkers in need. Taking advantage of Medicaid recipients is reprehensible, and my office will always ensure those who attempt to illegally profit from health care fraud face justice.”

Medicaid recipients who lack access to transportation can use approved transportation providers to travel to and from covered medical services. These providers receive reimbursements from Medicaid for the rides they provide. From April 2018 to March 2023, Daler and Damir Yuldashev billed Medicaid for fictitious trips and added fake tolls to their trips to inflate their costs. DYD’s claims often added toll charges of $15 to as much as $50 when the journey did not incur any toll at all. As a result of their scheme, DYD allegedly illegally overcharged Medicaid over $2.3 million.

Daler and Damir Yuldashev, along with Nigina Iskandarova, also allegedly made kickback payments to Medicaid recipients to recruit passengers in order to bill for more rides. These payments were illegal and undermined the businesses of other transportation providers in the Hudson Valley. Some passengers were paid thousands of dollars each to take rides that allowed DYD to collect tens of thousands of dollars in fees per passenger.

Daler and Damir Yuldashev, who were arrested on July 2, were charged with Grand Larceny in the First Degree, two counts of Health Care Fraud in the Second Degree, five counts of Medical Assistance Provider Prohibited Practices, and six counts of Offering a False Instrument for Filing in the First Degree. Nigina Iskandarova was also arrested on July 2 and charged with four counts of Medical Assistance Provider Prohibited Practices. The Grand Larceny charge carries a maximum sentence of up to 25 years in state prison and the kickback charges against Iskandarova carry a maximum sentence of up to four years in state prison.

The charges filed in this case are accusations. The defendants are presumed innocent until proven guilty in a court of law.

This matter was investigated by Detectives Peter Olsen and Frank Bluszcz with assistance from Supervising Detective Jeffrey Pittswith. Financial analysis conducted by Principal Auditor-Investigators John Annunziata, Lora Pomponio, and Melissa Stoebling, and Senior Auditor-Investigator Christopher Giacoia. 

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online or call the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911.

MFCU’s total funding for federal fiscal year (FY) 2024 is $68,997,928. Of that total, 75 percent, or $51,748,448, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $17,249,480 for FY 2024, is funded by New York State.

D.A. Bragg Announces Indictment Of Man For Attempted Rape In Central Park

 

Manhattan District Attorney Alvin L. Bragg Jr. announced the indictment of JERMAINE LONGMIRE, 43, for attempting to rape a woman in Central Park in June 2024. LONGMIRE is charged in a New York State Supreme Court indictment with one count of Attempted Rape in the First Degree and one count of Sexual Abuse in the First Degree. [1]

“As alleged, Jermaine Longmire attempted to rape a woman in Central Park while she was sunbathing last month. Our parks should be a place where New Yorkers can relax without fearing for their safety, and this alleged conduct will not be tolerated,” said District Attorney Bragg. “Our Special Victims Division has the resources to both hold offenders accountable and support survivors as they heal; please call us at 212-335-9373.”

According to court documents and statements made on the record, at approximately 1:30 p.m. on June 24, 2024, a 21-year-old-woman was sunbathing in the Great Hills section of Central Park located at West Drive and West 104th Street.

While the woman was sunbathing, LONGMIRE approached her while exposing himself. The woman screamed and got up to run. As she was trying to escape, LONGMIRE tackled her from behind. Once the survivor fought him off, LONGMIRE ran down West Drive.

D.A. Bragg thanked the NYPD Manhattan Special Victims Squad. 

Defendant Information:

JERMAINE LONGMIRE

New York, NY

Charged:

Attempted Rape in the First Degree, a class C felony, one count
Sexual Abuse in the First Degree, a class D felony, one count

[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. 

Human Smuggling Guide Sentenced to 120 Months in Prison

 

A Mexican citizen was sentenced to 120 months in prison for his role in a dangerous human smuggling conspiracy. 

Jesus Ernesto Dessens-Romero, 28, of Agua Prieta, Sonora, Mexico, was sentenced by U.S. District Judge John Hinderaker for the District of Arizona. In November 2023, Dessens-Romero was found guilty of multiple alien smuggling offenses by a jury, including conspiracy to transport and transportation of illegal aliens for profit and bringing in illegal aliens to the United States for profit. The jury also found that Dessens-Romero placed human life in jeopardy during and in relation to these offenses.

“Human smugglers profit from the exploitation of migrants and routinely expose them to violence, injury, and death,” said Attorney General Merrick B. Garland. “This sentence shows the Justice Department will continue to hold accountable these smugglers and the criminal networks that abuse, exploit, or endanger migrants.”

Evidence presented at trial established that Dessens-Romero was the human smuggling foot guide for five Mexican nationals who illegally crossed into the United States on or about Feb. 13, 2021. The group included three sisters – ages 23, 20, and 17 – and their family friend, age 16. Dessens-Romero led the individuals under his care into the rugged and remote Huachuca Mountains near Fort Huachuca in southern Arizona. He led the group on this perilous route due to less law enforcement presence. The group had limited food and water, and at night, suffered through serious weather conditions including freezing temperatures and snow.

By Feb. 15, 2021, the 23-year-old sister was in significant physical distress. She was unable to eat, walk, or follow simple commands. Dessens-Romero told the group that they were close enough to a traveled roadway where the sick woman could be found if the group left her behind. Dessens-Romero did not call emergency services. Instead, he located cell phone reception at higher ground to call a transnational criminal smuggling organization. Dessens-Romero then led the rest of the group to Sierra Vista where they were picked up by unidentified co-conspirators and transported further into the United States.

The family of the woman left behind contacted authorities on Feb. 16, 2021, to report a missing person. Despite extensive search efforts by U.S. Border Patrol, military officials from Fort Huachuca, Cochise County Sheriff’s Department, and Homeland Security Investigations (HSI), she was not located. During this time, Dessens-Romero contacted the surviving sisters on behalf of the smuggling organization to try to convince them to remove a “missing person” social media post. In the months following, HSI worked collaboratively with SOS Búsqueda y Rescate, a nonprofit organization dedicated to finding missing migrants, to continue searching for the missing woman. On Nov. 20, 2021, members of SOS Búsqueda y Rescate located skeletal remains in an isolated area of the Huachuca Mountains, on Fort Huachuca property. Dental records confirmed that the remains belonged to the missing 23-year-old sister. The deceased is survived by her husband and daughter.

At trial, additional evidence confirmed that Dessens-Romero continued to smuggle undocumented non-citizens within the United States until June 2021. Dessens-Romero was arrested on June 30, 2021, by Tennessee Highway Patrol while transporting two migrants.

This case was a result of the coordinated efforts of Joint Task Force Alpha (JTFA). Attorney General Garland established JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, in partnership with the Department of Homeland Security (DHS), to combat the rise in prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The initiative was expanded to Colombia and Panama to combat human smuggling in the Darién in June 2024. JTFA comprises detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of California, District of Arizona, District of New Mexico, and Western and Southern Districts of Texas. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by the Human Rights and Special Prosecutions Section, and supported by the Office of Prosecutorial Development, Assistance, and Training; the Narcotic and Dangerous Drug Section; the Money Laundering and Asset Recovery Section; the Office of Enforcement Operations; the Office of International Affairs; and the Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, FBI, DEA, and other partners. To date, JTFA’s work has resulted in 313 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; more than 251 U.S. convictions; more than 186 significant jail sentences imposed; and forfeitures of substantial assets.

The HSI Douglas Field Office investigated the case, in coordination with the Fort Huachuca Army Criminal Investigation Division, Armed Forces Medical Examiner System, HSI-Nashville Field Office, and Tennessee Highway Patrol.

The U.S. Attorney’s Office for the District of Arizona prosecuted the case.

NYC Comptroller Lander & Pension Trustees Celebrate Dismissal of Lawsuit Challenging Fossil Fuel Divestment by New York City Pension Fund

 

Lawsuit tossed out due to lack of standing

Lander: “This is a big win for common-sense responsible investing, New York City’s municipal workers and retirees, and for the future of the City and the planet”

On Tuesday, July 2, the New York County Supreme Court dismissed Wong et al v. NYCERS, a case that challenged the decision by three of New York City’s pension funds (the New York City Teachers’ Retirement System, New York City Employees’ Retirement System, and New York City Board of Education Retirement System, collectively, the three Systems) to divest from publicly traded fossil fuel reserve owners.

“This Court’s decision is a big win for common-sense responsible investing, for New York City’s municipal workers and retirees, and for the future of our City and our planet,” said Comptroller Brad Lander, a trustee to, and investment adviser and custodian, for the three Systems. “Our pension funds are implementing ambitious and well-researched plans to address the material risks of climate change — including divesting from fossil fuels, investing in renewable energy and climate solutions, and actively engaging with our asset managers and portfolio companies to reduce their financed emissions. I’m delighted that the Court dismissed this attempt by anti-ESG forces to undermine responsible investing and prevent the transition to a low-carbon economy.”

The Court affirmed the position taken by the three Systems in their motion to dismiss, where they argued that the plaintiffs lacked standing because they had not suffered any injury. The Court agreed, noting that the plaintiffs had no injury because the three Systems are “defined benefit retirement plans” that entitle plaintiffs “to a fixed benefit each month.” Accordingly, the plaintiffs “have not, and will not, suffer any monetary losses based upon [the three Systems’] investment decisions.”

In 2021, recognizing the threat climate change-related risks pose to their portfolios, the three Systems voted to divest from publicly traded fossil fuel reserve owners. This followed a deliberative and extensive fiduciary process that assessed portfolio exposure to fossil fuel stranded asset risk, industry decline, and other financial risks stemming from climate change. Even the fossil fuel industry has now admitted that climate change-related risks are material financial risks. In Securities and Exchange Commission filings, they acknowledge the potential impact of climate change to their long-term financial performance and profitability.

The three Systems completed their divestment from fossil fuel reserve owners in their public equities under Lander’s leadership in 2022. They subsequently adopted net zero implementation plans, which provide a path for decarbonization across the three Systems’ portfolios and the global economy.

The New York City Law Department and Groom Law Group represented the three Systems in the litigation.


Wanda Silva Appointed as Regional Communications Director for SBA’s Region 2

 

The U.S. Small Business Administration (SBA) is proud to announce the appointment of Wanda Silva as the new Regional Communications Director for Region II, encompassing New York, New Jersey, Puerto Rico, and the Virgin Islands. Silva will work alongside White House Appointed Region II Administrator Marlene Cintron to enhance the visibility of SBA’s programs and services aimed at supporting small businesses and entrepreneurs pursuing the American dream.


“As Region II Administrator, I am delighted to have someone of Wanda Silva’s caliber and professional gravitas to our team. Her extensive experience and dedication to advocacy align perfectly with our mission to provide economic equity, access to capital and contracting opportunities to our small businesses, women, and veterans in NY, NJ, PR, and USVI. Together, we will work to elevate even more, SBA’s impact across our region,” said Marlene Cintron.


“I am thrilled to join the SBA and contribute to its mission of supporting small businesses and entrepreneurs,” said Wanda Silva. “I look forward to leveraging my experience and network to enhance the visibility of SBA’s programs and ensure our services reach every corner of our diverse communities. Working alongside Marlene Cintron, a driving force in championing economic empowerment, is an incredible opportunity. I’m ready to be motivated and empowered by her insights and expertise.”


Silva, an Emmy Award-winning journalist, brings over 15 years of experience as an on-air television reporter and producer for Univision and Telemundo, serving in major markets such as New York, Los Angeles, Dallas, and Albuquerque. She has also held key roles as Press Secretary for Bronx Borough President Ruben Diaz Jr. and Director of Media Operations for the New Jersey Motor Vehicle Commission, where she led a successful campaign to help undocumented residents obtain driver’s licenses.


Most recently, Silva served as Senior Vice President at Actum, a global Public Relations and communications firm. She collaborated with internal and external stakeholders in this role to drive client engagement. Silva also liaised with the Latino press and community, developing, and executing community relations strategies for local, state, and national projects.


About the U.S. Small Business Administration
The U.S. Small Business Administration helps power the American dream of business ownership. As the only go-to resource and voice for small businesses backed by the strength of the federal government, the SBA empowers entrepreneurs and small business owners with the resources and support they need to start, grow, expand their businesses, or recover from a declared disaster. It delivers services through an extensive network of SBA field offices and partnerships with public and private organizations. To learn more, visit www.sba.gov.

Thursday, July 4, 2024

Attorney General James Takes Action to Uphold Federal Ghost Gun Regulations

 

Attorney General Letitia James joined a coalition of 24 attorneys general in urging the United States Supreme Court to uphold a federal rule that regulates ghost guns—untraceable weapons often made at home from kits—like other firearms. The coalition filed an amicus brief in Garland v. VanDerStok, urging the court to reverse a decision by an appeals court overturning this commonsense gun safety rule. In the brief, Attorney General James and the coalition argue that the rule clarifies existing law, is necessary to prevent gun violence, and helps law enforcement solve serious crimes.

“Gun safety laws save lives, and weakening these measures puts Americans in danger,” said Attorney General James. “Ghost guns are on the rise across the country, and stripping away federal rules that help regulate these deadly weapons will cause the problem to get worse. I am proud to stand with my fellow attorneys general as we call for this commonsense gun safety measure to stay in place, and for more to be done to protect our communities from senseless gun violence.”

As gun violence continues to plague the nation, states are seeing an increase in the number of untraceable, unserialized ghost guns recovered by law enforcement. To combat the growing problem of ghost guns, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a Final Rule in 2022, that clarifies the definition of “firearms” in the Gun Control Act of 1968 (GCA), to include kits and parts that can be easily converted to fully-functional firearms. The Final Rule does not ban gun kits, but it subjects gun kits and nearly-complete guns to the same rules as conventionally manufactured guns, including serial number and background check requirements. The commonsense rule was struck down by the Court of Appeals for the Fifth Circuit, ruling it was an impermissible expansion of the GCA, though the U.S. Supreme Court allowed the Final Rule to remain in effect while the appeal proceeds.

In the brief, Attorney General James and the coalition of attorneys general explain that striking down this federal regulation would harm public safety and hinder law enforcement. The coalition notes that the rule is consistent with the text, history, and purpose of the GCA and demonstrated that the Fifth Circuit’s decision was flawed. The coalition argues that the rule is necessary to close a dangerous perceived loophole and stop people who are banned from owning guns from making an end run around existing law—which they could do more easily before gun kits were subject to the same regulations as other firearms.

Joining Attorney General James in filing this amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, the District of Colombia, and the Northern Mariana Islands.

BRONX MAN SENTENCED TO SEVEN YEARS IN PRISON FOR CARRYING A GUN AT BRONX PARADE AND TWO SEX OFFENSES ON RIKERS ISLAND

 

Bronx District Attorney Darcel Clark announced that a Florida man has been sentenced to seven years in prison after pleading guilty to gun possession, attempted rape and attempted criminal sexual act against fellow inmates while being held at Rikers Island. 

District Attorney Clark said, “The defendant was caught on the street with an illegal gun, posing a threat to the crowd gathered for a parade, and then committed horrendous acts against inmates while he was incarcerated. He has pleaded guilty on three indictments. This prison term will keep a dangerous defendant away from the community.” 

District Attorney Clark said the defendant, Christopher Cano, 30, formerly of Miami, Florida, was sentenced on July 1, 2024, by Bronx Supreme Court Justice Shari Michels to seven years in prison and five years post release supervision on second-degree Criminal Possession of a Weapon; 3 1/2 years in prison and five years post release supervision on Attempted Rape in the first degree, and 3 1/2 years prison and five years post release supervision on Attempted Criminal Sexual Act in the first degree. These sentences are to run concurrently. The defendant pleaded guilty to the charges on December 4, 2023.  

According to the investigation, on July 24, 2016, the defendant was spotted at the Bronx Dominican Day Parade on the Grand Concourse with a gun in his waistband. Police were notified and followed the defendant and stopped him. When questioned, the defendant said that he had a bomb in his shoe. He was immediately arrested and found to be in possession of a loaded .38 caliber firearm. The defendant also stated that he was paid $5,000 to kill Bronx Borough President Ruben Diaz, Jr, who was present at the parade.

According to the investigation, on October 19, 2020, while being held in the Rose M. Singer Center, the defendant walked into the shower area where the victim was and raped her.  

On May 4, 2021, according to the investigation, the defendant offered to aid another inmate in the George R. Vierno Center with his criminal case. Once inside the man’s cell, the defendant forced the victim to engage in sex acts. 

District Attorney Clark thanked NYPD Lieutenant Carlos Bernard, and retired NYPD Detective Marcos Sanchez and retired NYPD Police Officer Richard Arce, as well as . Department of Correction Special Intelligence Unit -Prison Rape Elimination Act (PREA) Investigator Clark Orellana, Investigator Connor Olsen and Correction Intelligence Bureau Investigator Jeffrey Rios and Investigator Walter Holmes for their diligent work in the investigation.