Thursday, September 12, 2024

BRONX MAN INDICTED FOR RAPING WOMAN IN MOTT HAVEN PARK

 

Bronx District Attorney Darcel D. Clark today announced that a man has been indicted for first-degree Rape for an attack on a 35-year-old woman in the Mott Haven neighborhood. 

District Attorney Clark said, “The defendant allegedly approached the woman on a street corner and asked for directions, then forced the victim into a park area and raped her. The victim is receiving services from our Crime Victims Assistance Bureau. “ 

District Attorney Clark said Papa Diop, 38, last of 725 East 221st Street, was indicted on first-degree Rape, first-degree Sexual Abuse, and third-degree Rape. He was arraigned today before Bronx Supreme Court Justice Laurence Busching. Bail was continued at $250,000 cash/$750,000 bond/$750,000 bond partially secured at 10%. The defendant is due back in court on November 12, 2024.

According to the investigation, on August 5, 2024, at approximately 1:25 a.m., near the intersection of 149th Street and Bergen Avenue, Diop approached the 35-year-old victim who was a stranger and asked for directions. As captured on video surveillance, Diop pressed his arm to her throat and threatened to hit her. He then raped the victim and fled. She immediately called the police and was transported by ambulance to a hospital for treatment. As part of the investigation, NYPD Detectives created a wanted flyer from video surveillance that captured Diop. He was arrested on August 10, 2024, at the subway station at the Grand Concourse and East 149th Street after a police officer recognized Diop from the wanted flyer.

District Attorney Clark thanked Trial Preparation Assistant Elaina Clarke of the Child Abuse/Sex Crimes Bureau for her assistance. District Attorney Clark thanked Detective Vanessa Rivera of the NYPD Special Victims Division, Adult Squad and Police Officer Devin Cronin from the 43rd precinct for their work on the investigation.

An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

U.S. Citizens Convicted of Conspiring to Act as Illegal Agents of the Russian Government

 

A jury convicted Omali Yeshitela, 82, Penny Hess, 78, Jesse Nevel, 34, all of St. Louis, and Augustus C. Romain Jr., 38, of Atlanta, of conspiracy to act as agents of a foreign government. The defendants were charged in a superseding indictment on April 13, 2023.

According to evidence presented at trial, from at least May 2015 until July 2022, Yeshitela, Hess and Nevel agreed to act on behalf of the Russian government within the United States. Aleksandr Viktorovich Ionov, a resident of Moscow, was the founder and president of the Anti-Globalization Movement of Russia (AGMR), an organization headquartered in Moscow, Russia, and funded by the Russian government. Omali Yeshitela, Penny Hess and Jesse Nevel were leaders of the African People’s Socialist Party (APSP) or components thereof. Augustus C. Romain was a high-level leader of the APSP who, in November 2018, left and formed a Georgia-based group called the Black Hammer. Ionov’s influence efforts were directed and supervised by Moscow-based Federal Security Service (FSB) officers, including indicted defendants Aleksey Borisovich Sukhodolov and Yegor Sergeyevich Popov.

In May 2015, Ionov invited Yeshitela to Russia for an all-expenses paid trip to “communicate on future cooperation.” Prior to this trip, Hess relayed a request to Ionov to ensure that Yeshitela would be able to meet with an “official representative of the Russian government.” According to subsequent email communications, which were shared with Hess, Nevel and Romain, Yeshitela explained that it was “clear” that Ionov was an instrument of the Russian government. In these same communications, Yeshitela further explained that Ionov represented “a method by which the Russian government is engaging the U.S. and Europe in serious struggle” by utilizing “forces inside of the U.S. to s[o]w division inside the U.S.” In a subsequent meeting, at which Hess and Nevel were present, Yeshitela explained that Ionov would only provide resources for actions that would support Russia’s efforts to “undermin[e] the U.S.” 

Acting under Ionov’s direction, the defendants took several actions within the United States. For example, in August 2015, Ionov requested that Yeshitela, Hess and Nevel draft and publish a petition to the United Nations charging the United States with actively committing genocide against African people. When Hess resisted, Ionov insisted that the APSP had to publish the petition because Ionov and his Russian backers were “not exactly Black to demand it for ourselves.” Hess subsequently drafted and published the requested petition, which Ionov promoted in Russian media.

In January 2016, Ionov provided a $12,000 guarantee letter to fund a four-city tour to promote the genocide petition that the APSP had published at his direction. Yeshitela and Hess oversaw the tour and reported information about the tour to Ionov. After the tour, Yeshitela explained in an APSP meeting that the APSP had “developed a relationship with forces in Russia who are involved in their own struggle with the US.”

In 2017, and again in 2019, Ionov attempted to influence local elections in St. Petersburg, Florida, on behalf of the FSB, although there is no evidence that he succeeded in doing so. For example, in July 2017, Ionov reached out to Nevel —who was a candidate for Mayor in St. Petersburg — to offer support, including “campaign finance.” In 2019, Ionov regularly reported to the FSB concerning an election for local office in St. Petersburg, referring to one candidate as the candidate “whom we supervise.” And, in January 2020, FSB Officer Popov directed Ionov that the United States’ 2020 Presidential election was the FSB’s “main topic of the year.”

In April 2020, Ionov invited Nevel and Yeshitela to speak at a conference to promote the right of self-determination for Russian-backed secessionist movements in eastern Ukraine. Shortly thereafter, Yeshitela provided a video-recorded statement of support for the Russian-backed secessionist group. Ionov reported to the FSB concerning these activities.

In late February 2022, after Russia’s invasion of Ukraine, Ionov complained to FSB Officer Sukhodolov concerning Russia’s failure in the information war surrounding the invasion. Sukhodolov directed Ionov to “join in” in the information war. Ionov then directed Yeshitela and Romain to engage in demonstrations at a social media company headquarters in California to demonstrate against suppression of pro-Russian viewpoints. Ionov paid for Romain and three other members of Black Hammer to fly to California to conduct the demonstration, and Yeshitela directed members of the APSP located in California to conduct a similar protest a few days later. After the Black Hammer demonstration, Romain messaged Ionov: “This is great! That was fun! Who we attacking next? With more time I can get a bigger crowd.”

In May 2022, at Ionov’s direction, Romain demonstrated at a media company in Atlanta, Georgia, to celebrate Russia’s “Victory Day.” In June 2022, at Ionov’s direction, Ionov demonstrated at the Georgia state capitol in support of Russia. During the demonstration, Romain stated that he was “not ashamed to say that the Black Hammer Party has relationships with the Kremlin,” in reference to Ionov.

Each defendant faces a maximum penalty of five years in prison. A sentencing date has not yet been set.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division and Executive Assistant Director Robert Wells of the FBI National Security Branch made the announcement.

The FBI is investigating the case.

Mayor Adams on the Police Commissioner's Resignation

 

Mayor Eric Adams: My fellow New Yorkers, earlier this week, I spoke to you about the ongoing investigations that have recently come to light. I was as surprised as you to learn of these inquiries and I take them extremely seriously. I spent more than 20 years in law enforcement, and so, every member of the administration knows my expectations that we must follow the law. I also made clear that our administration will remain focused on delivering for the people of our great city and we continue to do that.

A short time ago I accepted the resignation of the NYPD commissioner, Edward Caban. He concluded that this is the best decision at this time. I respect his decision and I wish him well. Commissioner Caban dedicated his life to making our city safer and we saw a drop in crime for 13 of the 14 months he served as commissioner. In his time as part of the NYPD during our administration, we removed more than 18,000 illegal guns off our streets, had the lowest number of robberies in recorded history [ ] in our subway system[ ], and just had the lowest number of shootings above ground ever in [ ] recorded history in this city in [an] August. 

To ensure crime keeps going down in our city today, I'm taking immediate action in appointing Tom Donlon as interim police commissioner. Tom is an experienced law enforcement professional who has worked at the local, state, federal, and international levels. He served as New York's director of the Office of Homeland Security, ran the FBI's National Threat Center, and the FBI-NYPD Joint Terrorism Task Force, and worked as the co-case agent investigating the 1993 Twin Towers bombing, as well as the attacks on the U.S. embassy in Africa and the USS Cole in Yemen by al-Qaeda. He is also a Bronx native. Tom joins a team at One Police Plaza that is relentlessly dedicated to public safety and protecting New Yorkers. That is why New York is the safest big city in the world and why it will continue to be. I thank Incoming Commissioner Donlon for stepping in during this critical moment. 

As always, the men and women of the NYPD have my gratitude for their dedication and professionalism. I thank them for their command and their decision-making as we move forward and for the continued service that they deliver to all New Yorkers. Thank you, and God bless our great city and [our] bright future ahead. Thank you.

Governor Hochul Announces More Than 20,000 Tickets Issued During Statewide Labor Day Weekend Enforcement

DWI Sobriety Checkpoint Sign

Tickets Issued for Various Vehicle and Traffic Law Violations

Enforcement Targeted Impaired, Distracted Driving, Speeding 


Governor Kathy Hochul today announced that law enforcement agencies throughout the State issued 20,714 tickets for various vehicle and traffic law violations, including 4,374 tickets for speeding and 966 tickets for drug or alcohol impaired driving during a statewide mobilization. The Labor Day weekend enforcement campaign ran from August 30 through September 2, 2024, to increase patrols targeting reckless and impaired driving. This and similar enforcement periods are funded by grants through the Governor’s Traffic Safety Committee.

“These enforcement periods are so important to remind New York drivers that there are consequences for their actions if they decide they are going to be reckless on our roadways,” Governor Hochul said. “I commend the men and women in law enforcement who are out there to keep us safe whether we are behind the wheel or the passenger seat, and I implore drivers to drive safely and remember that you are not the only one on the road.”

Department of Motor Vehicles Commissioner Mark J.F. Schroeder said, “Our mission is to save lives and keep New Yorkers safe on the roadways. That work would not be possible without our law enforcement partners who work tirelessly to remove unsafe drivers from the roads and help us move closer to our shared goal of eliminating crashes and injuries.”

New York State Police Superintendent Steven G. James said, “I applaud the tremendous work put forth by our members and law enforcement partners that have attributed to the success of this enforcement. Whether it is distracted driving or impaired driving, it is dangerous driving that needlessly claims lives. I thank Governor Hochulfor her shared commitment and continued support in prioritizing traffic safety. Through persistent education and enforcement, the State Police continues the mission to make New York’s roads safer, by discouraging, detecting, and arresting negligent drivers.”

Here is the full breakdown of the violations and tickets issued during the campaign:

Tickets Issued Labor Day Weekend 2024

Violation 

Number of Tickets 

 

Move Over Law 

 

192 

Seatbelt 

824 

Distracted Driving 

514 

Impaired Driving 

966 

Speeding 

4,374 

Other Violations 

13,844 

Total 

20,714 


NYC PUBLIC ADVOCATE’S STATEMENT ON THE RESIGNATION OF NYPD COMMISSIONER CABAN


"I’m saddened and angered that this is the place our city is in, and hope this step is one in a series toward restoring confidence. This resignation is a correct decision, from an array of options at a moment I wish we weren’t in – one when New Yorkers have little trust in the administration, and little information from the mayor to help restore it. 

"The next police commissioner will need to meet the same qualifications as any other should – to have the trust of both the department and the city, to be legitimately committed to transparency and accountability, and to understand the roles law enforcement should and should not play in producing public safety. Too many actions under the current administration have undercut those aims.” 
 
"Beyond this impending appointment, the mayor still urgently needs to provide real transparency into this moment of confusion for city leadership. New Yorkers have to be able to have faith in public service and in public servants, and no ego or agenda can get in the way of that obligation."  


Pakistani National with Ties to Iran Charged in Connection with Foiled Plot to Assassinate a Politician or U.S. Government Official

 

Asif Merchant, also known as Asif Raza Merchant, was indicted with attempting to commit an act of terrorism transcending national boundaries and murder-for-hire as part of a scheme to assassinate a politician or U.S. government official on U.S. soil. Law enforcement foiled the plot before any attack could be carried out. Merchant was previously arrested and charged by complaint in July 2024. Merchant was ordered detained and is currently in federal custody.

“The Justice Department will not tolerate Iran’s efforts to target our country’s public officials and endanger our national security,” said Attorney General Merrick B. Garland.  “As these terrorism and murder for hire charges against Asif Merchant demonstrate, we will continue to hold accountable those who would seek to carry out Iran’s lethal plotting against Americans.”

“This dangerous murder-for-hire plot was allegedly orchestrated by a Pakistani national with close ties to Iran and is straight out of the Iranian regime's playbook,” said FBI Director Christopher Wray. “A foreign-directed plot to kill a public official, or any U.S. citizen, is a serious threat to our national security and will be met with the full might and resources of the FBI. Protecting Americans from terrorists remains our highest priority.”

“As alleged, Merchant orchestrated a plot to assassinate U.S. politicians and government officials,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Today’s indictment is a message to terrorists here and abroad that my Office and the Department of Justice will continue to take all steps necessary to protect the country against foreign threats.”

As set forth in court filings, in approximately April, after spending time in Iran, Merchant arrived in the United States from Pakistan and contacted a person he believed could assist him with the scheme to kill a politician or government official. That person reported Merchant’s conduct to law enforcement and became a confidential source (the CS).

In early June, Merchant met the CS in New York and explained his assassination plot. Merchant told the CS that the opportunity he had for the CS was not a one-time opportunity and would be ongoing. Merchant then made a “finger gun” motion with his hand, indicating that the opportunity was related to a killing. Merchant further stated that the intended victims would be “targeted here,” meaning in the United States. Merchant instructed the CS to arrange meetings with individuals whom Merchant could hire to carry out these actions. Merchant explained that his plot involved multiple criminal schemes: (1) stealing documents or USB drives from a target’s home; (2) planning a protest; and (3) killing a politician or government official.

At that meeting, Merchant began planning potential assassination scenarios and quizzed the CS on how he would kill a target in the various scenarios. Specifically, Merchant asked the CS to explain how the target would die in different scenarios. Merchant told the CS that there would be “security [] all around” the person.

Merchant stated that the assassination would occur after he left the United States, and he would communicate with the CS from overseas using code words. The CS asked whether Merchant had spoken to the unidentified “party” back home with whom Merchant was working. Merchant responded that he had and that the party back home told him to “finalize” the plan and leave the United States.

In mid-June, Merchant met with the purported hitmen, who were in fact undercover U.S. law enforcement officers (the UCs) in New York. Merchant advised the UCs that he was looking for three services from them: theft of documents, arranging protests at political rallies and for them to kill a “political person.” Merchant stated that the hitmen would receive instructions on who to kill either the last week of August or the first week of September, after Merchant had departed the United States.

Merchant then began arranging means to obtain $5,000 in cash to pay the UCs as an advance payment for the assassination, which he eventually received with assistance from an individual overseas. On June 21, Merchant met with the UCs in New York and paid them the $5,000 advance. After Merchant paid the $5,000 to the UCs, one of the UCs stated, “now we’re bonded,” to which Merchant responded “yes.” The UC then stated “Now we know we’re going forward. We’re doing this,” to which Merchant responded “Yes, absolutely.”

Merchant subsequently made flight arrangements and planned to leave the United States on Friday, July 12. On July 12, law enforcement agents placed Merchant under arrest before he could leave the country.

If convicted, Merchant faces a maximum penalty of life in prison.

The FBI Dallas, Houston, Tampa, Boston, Washington, Chicago, and Albany Field Offices investigated the case. The New York City Police Department, the U.S. Attorney’s Office for the Southern District of Texas and the U.S. Customs and Border Protection provided assistance.

Assistant U.S. Attorneys Sara K. Winik, Gilbert Rein and Douglas Pravda for the Eastern District of New York and Trial Attorneys David Smith and Joshua Champagne of the National Security Division’s Counterterrorism Section are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Canadian Man Pleads Guilty to Destruction of an Energy Facility

 

Cameron Monte Smith, a citizen of Canada, pleaded guilty to one count of destruction of an energy facility charged in the District of North Dakota and one count of destruction of an energy facility charged in the District of South Dakota.

Smith admitted to damaging the Wheelock substation, located near Ray, North Dakota, in an amount exceeding $100,000, in May 2023. The Wheelock substation is operated by Mountrail-Williams Electric Cooperative and Basin Electric Power Cooperative.

Smith also admitted to damaging a transformer and pumpstation of the Keystone Pipeline located near Carpenter, South Dakota, in an amount exceeding $100,000, in July 2022.

Smith damaged the Wheelock substation and the Keystone Pipeline equipment by firing multiple rounds from a high-power rifle into the equipment resulting in disruption of electric services to the North Dakota customers and resulting in disruption of the Keystone Pipeline in South Dakota.

A sentencing hearing will be scheduled at a later date. Smith faces a maximum penalty of 20 years in prison for each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Executive Assistant Director Robert Wells of the FBI’s National Security Branch, U.S. Attorney Mac Schneider for the District of North Dakota, U.S. Attorney Alison Ramsdell for the District of South Dakota and Special Agent in Charge Travis S. Riddle of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) St. Paul Field Division made the announcement. 

The FBI and ATF are investigating the case.

Former CIA Officer Sentenced to 10 Years in Prison for Conspiracy to Commit Espionage

 

Alexander Yuk Ching Ma, 71, of Honolulu, a former Central Intelligence Agency (CIA) officer, was sentenced to conspiring to gather and deliver national defense information to the People’s Republic of China (PRC).

Ma was arrested in August 2020, after admitting to an undercover FBI employee that he had facilitated the provision of classified information to intelligence officers employed by the PRC’s Shanghai State Security Bureau (SSSB).

According to court documents, Ma worked for the CIA from 1982 until 1989. His blood relative (identified as co-conspirator #1 or CC #1 in court documents), who is deceased, also worked for the CIA from 1967 until 1983. As CIA officers, both men held Top Secret security clearances that granted them access to sensitive and classified CIA information, and both signed nondisclosure agreements.

As Ma admitted in the plea agreement, in March 2001, over a decade after he resigned from the CIA, Ma was contacted by SSSB intelligence officers, who asked Ma to arrange a meeting between CC #1 and the SSSB. Ma convinced CC #1 to agree, and both Ma and CC #1 met with SSSB intelligence officers in a Hong Kong hotel room for three days. During the meetings, CC #1 provided the SSSB with a large volume of classified U.S. national defense information in return for $50,000 in cash. Ma and CC #1 also agreed to continue to assist the SSSB.

In March 2003, while living in Hawaii, Ma applied for a job as a contract linguist in the FBI’s Honolulu Field Office. The FBI, aware of Ma’s ties to PRC intelligence, hired Ma as part of a ruse to monitor and investigate his activities and contacts with the SSSB. Ma worked part time at an offsite location for the FBI from August 2004 until October 2012.

As detailed in the plea agreement, in February 2006, Ma was tasked by the SSSB with asking CC #1 to identify four individuals of interest to the SSSB from photographs. Ma convinced CC #1 to provide the identities of at least two of the individuals, whose identities were and remain classified U.S. national defense information.

Ma confessed that he knowingly and willfully conspired with CC #1 and SSSB intelligence officers to communicate and transmit information that he knew would be used to injure the United States or to advantage the PRC.

In court documents and at today’s sentencing hearing, the government noted that Ma was convicted of a years-long conspiracy to commit espionage, a serious breach of national security that caused the government to expend substantial investigative resources. The government also noted that Ma’s role in the conspiracy was to facilitate the exchange of information between CC #1 and the SSSB, which consisted of classified CIA information that CC #1 had obtained between 1967 and 1983.

Under the terms of the plea agreement, Ma must cooperate with the United States for the rest of his life, including by submitting to debriefings by U.S. government agencies. At the sentencing hearing, government counsel told the court that Ma has been cooperative and has taken part in multiple interview sessions with government agents.

Ma has been sentenced to 10 years in prison, followed by five years of supervised release.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Clare E. Connors for the District of Hawaii and Executive Assistant Director Robert Wells of the FBI's National Security Branch made the announcement.

The FBI’s Honolulu and Los Angeles Field Offices investigated the case.