Bronx Man Charged With Armed Bank Robbery

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), announced today the arrest of DAVID MICHAEL HYLTON in connection with a robbery of a bank in the Bronx, during which thousands of dollars were stolen.  HYLTON was arrested yesterday, and presented today in Manhattan federal court before the Honorable Andrew J. Peck.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, David Michael Hylton robbed a Bronx bank during business hours yesterday, wielding what appeared to be a shotgun.  Thanks to the FBI and the NYPD, shortly after Hylton got $7,000, the Violent Crimes Task Force got Hylton.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Hylton thought he could make a quick getaway after robbing a Bronx bank yesterday, making off with more than $7,000 in cold hard cash.  But thanks to members of the Joint Violent Crimes Task Force, he was caught red-handed and no longer remains a threat.  The FBI and our partners will continue to aggressively investigate bank robbery cases to minimize the threat these alleged criminals pose to our community.”

According to the allegations in the Complaint filed in Manhattan federal court:[1]

On January 25, 2018, at approximately 10:00 a.m., HYLTON entered a bank in the Bronx, gained access to the secure teller area, and approached a bank teller.  HYLTON brandished what appeared to be a shotgun and demanded that the teller give him the money the teller was holding.  HYLTON took from the teller over $7,000 in United States currency.  HYLTON then fled and was later apprehended and arrested. 

HYLTON, 33, of the Bronx, New York, is charged with one count of bank robbery, which carries a maximum sentence of 20 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI-NYPD Joint Violent Crimes Task Force.

The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

 

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Nigerian Man Extradited From South Africa For Participating In Business Email Compromise Scams

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that ONYEKACHI EMMANUEL OPARA was extradited from South Africa.  In December 2016, OPARA was arrested in South Africa on the basis of a provisional arrest warrant for participating in fraudulent business email compromise scams that targeted thousands of victims around the world, including the United States.  Collectively, the scams attempted to defraud millions of dollars from victims.  OPARA arrived in the Southern District of New York this morning, and will be presented today in Manhattan federal court before U.S. Magistrate Judge Andrew J. Peck.  Co-defendant David Chukwuneke Adindu was previously sentenced to 41 months in prison for participating in the business email compromise scams.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Onyekachi Opara attempted to dupe thousands of victims into transferring money to him and his co-defendant in a phony email scheme.  Today’s extradition shows that defendants who allegedly target American victims from a distance are nonetheless subject to the reach of American justice.”

           

FBI Assistant Director William F. Sweeney Jr. said:   “Technology changes daily, so do the tactics used by scammers to prey on unsuspecting victims.  This case and others we are aggressively investigating every day prove, regardless of these criminals efforts to disguise their illegal activity, we won’t stop pursuing them.  FBI New York Cyber Crime agents and our law enforcement partners will search out suspects in these cases, even reaching internationally, to stop the next victims from losing their money.”

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

Between 2014 and 2016, OPARA and Adindu participated in Business Email Compromise scams (“BEC scams”) targeting thousands of victims around the world, including in the United States.  As part of the BEC scams, emails were sent to employees of various companies directing that funds be transferred to specified bank accounts.  The emails purported to be from supervisors at those companies or third party vendors that did business with those companies.  The emails, however, were not legitimate.  Rather, they were either from email accounts with a domain name that was very similar to a legitimate domain name, or the metadata in the emails had been modified so that the emails appeared as if they were from legitimate email addresses.  After victims complied with the fraudulent wiring instructions, the transferred funds were quickly withdrawn or moved into different bank accounts.  In total, the BEC scams attempted to defraud millions of dollars from victims.

OPARA, 29, of Lagos, Nigeria, is charged in an Indictment with one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  The case is assigned to U.S. District Judge Paul A. Crotty.

Mr. Berman praised the investigative work of the FBI.  Mr. Berman also thanked Oath’s E-Crime Investigations Team, the National Prosecuting Authority for South Africa, the South African Police Service, the United States Marshals Service, and the Department of Justice’s Office of International Affairs, and noted that the investigation is continuing.

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

 

[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.

A.G. Schneiderman Announces Jail Time For Brooklyn Real Estate Developer Daniel Melamed

Melamed Ordered to Serve 20 Days in Jail Ahead of Feb. 14^th Sentencing

In November, Melamed Pleaded Guilty To 13-Count Indictment Related to Shell Corporations, Forged Letters that Defrauded HUD and Financial Institutions

Melamed Previously Found Guilty Of Unlawful Eviction of Rent Stabilized Tenants Following a Separate Prosecution by A.G. Schneiderman

   Attorney General Eric T. Schneiderman announced that Brooklyn real estate developer Daniel Melamed, who pleaded guilty in November 2017 to a 13-count indictment admitting that he committed multiple fraudulent real estate schemes, was jailed today by State Supreme Court Justice Danny Chun. Melamed was ordered to serve 20 days in jail, pending sentencing on this case and a June 2017 conviction for three counts of Unlawful Eviction. Sentencing has been scheduled for February 14, 2018.

“Daniel Melamed swindled taxpayers and harassed tenants in order to line his own pockets. Now he’s in jail,” said Attorney General Schneiderman. “My office will use every tool we have to bring bad landlords to justice.”

In November, Melamed pleaded guilty to a 13-count indictment, including Residential Mortgage Fraud in the Second Degree and two counts of Grand Larceny in the Second Degree, class C felonies; as well as four counts of Forgery in the Second Degree, four counts of Criminal Possession of a Forged Instrument in the Second Degree, and two counts of Attempted Grand Larceny in the Second Degree, all class D felonies. Melamed admitted under oath to engaging in various real estate schemes that defrauded banks and the United States Department of Housing and Urban Development (“HUD”) by creating shell corporations and forged letters to illegally purchase and/or sell multiple Brooklyn properties between 2011 and 2014. His guilty plea followed charges brought by Attorney General Schneiderman in November 2016.

Melamed was previously found guilty in June 2017 of three counts of Unlawful Eviction of rent-stabilized tenants following a bench trial before Justice Chun. The June 2015 arrest of Melamed in that case was the first resulting from the Tenant Harassment Prevention Task Force.

A.G. Schneiderman Sues Tropical Breeze Car Wash For Allegedly Cheating Over 150 Minimum Wage Employees Out Of More Than $540,000 In Wages And Benefits

Attorney General Schneiderman Seeks Restitution, Damages, and Penalties Totaling $1.6 Million  

Lawsuit Marks Latest Case in Attorney General’s Ongoing Effort to Combat Wage Theft in Car Wash Industry – Winning Back More Than $2.5 Million in Stolen Wages for Over 1,000 Car Wash Workers Across NY  

Overall, AG Schneiderman Has Won Back Over $30 Million in Stolen Wages for More Than 21,000 NY Workers

  Attorney General Eric T. Schneiderman today announced a lawsuit against Brooklyn-based Tropical Breeze Car Wash for allegedly cheating over 150 minimum wage car wash workers out of more than $540,000 in wages and benefits. The Attorney General is seeking nearly $1.6 million in restitution, damages, and penalties.

The lawsuit was filed today in New York Supreme Court, Kings County against U.S. Auto Wash, L.L.C. d/b/a Tropical Breeze Car Wash (“Tropical Breeze”); its owner, Benno Gmuer; and its managers, Philip Gmuer and Gregory Gmuer. As the Attorney General’s complaint alleges, the company cheated over 150 car wash workers out of over $500,000 in wages and over $30,000 in benefits, and failed to pay its fair share of unemployment insurance and workers’ compensation contributions.

“Every worker deserves an honest day’s pay for an honest day’s work,” said Attorney General Schneiderman. “Yet we allege that Tropical Breeze Car Wash shamefully stiffed workers at every turn. We’re taking them to court and seeking to recover every penny of unpaid wages for these workers, plus damages and penalties for the company’s egregious conduct. Unscrupulous employers should hear our message loud and clear: if you exploit workers, we will see you in court – and make sure that you pay every worker every dollar they’re owed.”

“We are here today because of the abuses and the lack of respect that we experience. We have come together to stop this abuse not just in this car wash but in car washes across New York, and I thank Attorney General Schneiderman for bringing this important case,” said Gerardo Gomez, a worker at Tropical Breeze Car Wash.

This lawsuit is the latest case in the Attorney General’s ongoing effort to clean up the car wash industry in New York. To date, Attorney General Schneiderman has recovered more than $2.5 million for more than 1,000 workers at 26 separate car wash locations in New York. In total, Attorney General Schneiderman has won back more than $30 million in stolen wages for over 21,000 workers across New York since 2011.

An investigation conducted by the Attorney General’s office revealed that at least as early as January 1, 2012 and through at least January 1, 2018, Tropical Breeze allegedly routinely underpaid employees for hours they worked, including overtime hours, time spent waiting on-site for the car wash to open, and time deliberately cut from employees’ time cards. As alleged in the complaint, Tropical Breeze did not pay employees for an additional hour at minimum wage when the employees’ workdays exceeded 10 hours, in accordance with the spread-of-hours requirement. Tropical Breeze also allegedly failed to pay employees for at least four hours of work when employees reported to work but were sent home early, known as “call-in pay.” Additionally, Tropical Breeze denied workers reimbursement for mandatory uniforms and failed to provide employees with earned sick leave.

In addition to underpaying workers, the Attorney General’s lawsuit alleges that Tropical Breeze maintained misleading and deficient employee records, illegally managing two separate payroll systems: one for “on-the-books” employees, who constituted only about a third of the workforce, and another for “off-the-books” employees, who made up the majority of the staff. Tropical Breeze never provided information to any of its workers about their rate of pay, known as wage notices, and never provided information to its off-the-books employees about their weekly wages and relevant deductions, known as payment statements.

Finally, Tropical Breeze allegedly repeatedly filed documents with New York State that underreported its employee count and payroll expenditures in order to avoid paying full unemployment insurance contributions and workers’ compensation premiums. The Attorney General’s office is requesting the court to order Tropical Breeze to pay any outstanding fees and penalties after submitting corrected information to the State. 

In total, the Attorney General’s office is seeking nearly $1.6 million in restitution, damages, and penalties, including six years of unpaid wages and benefits totaling $542,684 for approximately 150 employees; liquidated damages totaling $542,684 under the Labor Law; and over $475,000 in penalties for Tropical Breeze’s failure to distribute wage notices and payment statements as required by law. 

During most of the period covered by the Attorney General’s investigation, the applicable minimum wage was between $8.00 and $9.00 per hour. New York’s minimum wage is currently $11.00 per hour in New York City. Overtime laws require employers to pay covered employees one and one half times an employee’s regular rate for hours worked beyond 40 hours in a given week.

The Attorney General’s Office is committed to protecting workers’ legal rights. To file a complaint, please contact the Office’s Labor Bureau at 212-416-8700 or visit www.ag.ny.gov/labor/complaint-form.

Narcotics Dealer Sentenced To 21 Years In Prison For Sale Of Heroin And Fentanyl That Resulted In Manhattan Man’s Overdose Death

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that DASHAWN HAWKINS, a/k/a “Jhonny Cash,” of New York, New York, was sentenced yesterday to 21 years in prison by United States District Judge Gregory H. Woods for selling heroin and fentanyl that resulted in the overdose death of Colin Cameron, age 29, of New York, New York, on September 2, 2016. 

Manhattan U.S. Attorney Geoffrey S. Berman stated:  “Dashawn Hawkins sold the lethal dose of fentanyl-laced heroin that cut short Colin Cameron’s life.  Now Hawkins has received the lengthy sentence warranted by his serious crime and its grim consequences.”

According to documents filed in this case and statements made in related court proceedings:

On or about September 1, 2016, DASHAWN HAWKINS, a/k/a “Jhonny Cash,” sold a mixture of heroin and fentanyl to Colin Cameron.  The next morning, New York City Police Department (“NYPD”) officers responded to Cameron’s apartment on the Upper West Side, where they found Cameron dead from a drug overdose.  In the month leading up to Cameron’s death, HAWKINS had sold heroin to Cameron nearly a dozen times, and had previously sold heroin to Cameron on a daily basis for almost two years before Cameron was able to maintain sobriety for several months.  In early August 2016, however, HAWKINS contacted Cameron out of the blue in order to start selling him heroin again.  Cameron told HAWKINS that he was unsure about buying heroin because he was on a medicine designed to block the effects of opioids.  This medicine is commonly prescribed for people going through recovery.  Despite this knowledge, HAWKINS sold heroin to Cameron throughout the month of August until Cameron’s eventual death.

After identifying HAWKINS as the dealer who sold Cameron the fatal dose of fentanyl-laced heroin, the NYPD arrested HAWKINS on October 20, 2016, and searched his apartment.  During the search, officers found, among other things, additional bags of heroin and substances used to cut heroin, fentanyl packaging, over $14,000 in cash, and a short-barreled rifle with a high-capacity magazine loaded with 34 rounds of ammunition.

Mr. Berman praised the outstanding investigative work of the New York City Police Department.

Two Men Charged In Manhattan Federal Court With 2014 Robbery And Murder

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a federal indictment charging FRANK BRIGHT, a/k/a “Frankie,” and JOHN DUNCAN, a/k/a “Balla,” a/k/a “Moreno,” with the murder of Amaury Paulino.  Paulino was shot and killed on Christmas Eve in 2014 during the course of an armed robbery in the vicinity of St. Nicholas Avenue and West 129th Street.

BRIGHT was arrested today and will be presented in federal court in Philadelphia, Pennsylvania, before U.S. Magistrate Judge Linda K. Caracappa.  DUNCAN is in federal custody on another offense.  The case has been assigned to U.S. District Judge Katherine Polk Failla. 

U.S. Attorney Geoffrey S. Berman said:   “As alleged, Bright and Duncan planned a gunpoint robbery of Amaury Paulino, which resulted in his murder.  The defendants will now face justice for their alleged roles in this violent robbery.  We thank our law enforcement partners for their extraordinary efforts investigating this murder.”

DEA Special Agent in Charge James J. Hunt said:  “A cold case has brought two men before the bar of justice today after efforts by the NYPD, DEA, and U.S. Attorney’s Office to find those allegedly responsible for a 2014 Christmas Eve murder.”

NYPD Commissioner James P. O’Neill said:  “According to the allegations, the two defendants in this case are violent criminals who shot and killed a man during a robbery on Christmas Eve.  I want to thank the members of the NYPD, the DEA and the U.S. Attorney’s Office whose work secured today’s indictments and helps keep New York City safe.”

According to the allegations in the Indictment[1] and information in the public record:

On December 24, 2014, BRIGHT and DUNCAN robbed Amaury Paulino in the vicinity of St. Nicholas Avenue and West 129th Street.  During the course of the robbery, Paulino was shot and killed. 

FRANK BRIGHT, 31, and JOHN DUNCAN, 32, are charged in the Indictment with one count of robbery conspiracy, one count of robbery, and one count of murder through the use of a firearm and aiding and abetting the same.  A chart containing the charges and maximum penalties is below.  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 the judge.

Mr. Berman praised the outstanding investigative work of the NYPD and the DEA.

This case is being handled by the Office’s Narcotics Unit and Violent and Organized Crime Unit.  Assistant United States Attorneys Gina Castellano, Jordan Estes, and Jason Richman are 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		MAX. PENALTIES
1		Robbery conspiracy   18 U.S.C. § 1951		20 years in prison
2		Robbery   18 U.S.C. § 1951		20 years in prison
3		Murder through use of a firearm   18 U.S.C. § 924(j)		Death or life in prison

[1] As the introductory phase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation. 

Bronx District Attorney News Cases of Interest

BRONX MAN WHO SLAMMED PUPPY TO FLOOR, INJURING HER LEG SO BADLY IT NEEDED AMPUTATION, SENTENCED TO ONE YEAR IN JAIL 

Defendant Must Register as Animal Abuser “Sally” Recovered from the Ordeal and Found a New Home

District Attorney Clark said the defendant, Roberto Martinez, 25, of 946 Leggett Avenue, was sentenced today to a year in jail by Bronx Supreme Court Justice Robert Neary. Martinez pleaded guilty to Aggravated Cruelty to an Animal, a felony, on October 13, 2017. Upon his plea, he was remanded and began serving his sentence. As part of the plea agreement, he must register as an animal abuser in the state registry and is not permitted to own an animal for five years. 

BRONX MAN TO GET 15 YEARS IN PRISON FOR ATTACKING TWO FEMALES HE KNOCKED UNCONSCIOUS AND LEFT SEMI-NAKED 

Defendant Pleaded Guilty to Attempted Assault and Attempted Robbery 

Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to two 2016 attacks in which he knocked the victims unconscious and removed items of their clothing. In one attack, he broke the jaw of a 15-year-old girl near Bronx Park

District Attorney Clark said the defendant, Shaun Lewis, 28, of Lurting Avenue, pleaded guilty today to Attempted Assault in the first-degree and Attempted Robbery in the second-degree before Bronx Supreme Court Justice Ralph Fabrizio. He will be sentenced to 15 years in prison followed by 5 years post-release supervision on February 27, 2018. At the time of the attacks, the defendant was on parole for a robbery in which he beat a woman and may be sentenced to additional time for violating his parole terms.

BRONX DISTRICT ATTORNEY DARCEL D. CLARK ANNOUNCES SHE WILL MOVE TO VACATE MURDER CONVICTION OF BRONX MAN AND CONSENT TO HIS RELEASE AFTER 20 YEARS IN PRISON 

Conviction Integrity Unit Re-Investigated 1996 Case, Discovered Evidence and Determined That Defendant Did Not Receive Fair Trial

Bronx District Attorney Darcel D. Clark today announced that she will move to vacate the conviction of a Bronx man in a 1996 murder, after a review of the case by the District Attorney’s Conviction Integrity Unit determined that the defendant did not receive a fair trial.

District Attorney Clark said, “Larry McKee is serving 24 years-to-life for murder, but the Conviction Integrity Unit has uncovered potentially exculpatory evidence that was not provided to the defense at the time of trial. Because of this, I will ask the Court on Monday, January 29, 2018, to vacate McKee’s conviction in the interest of justice so he can be freed as soon as possible. 

McKee, 46, was sentenced to 24 years-to-life in prison after a trial in Bronx Supreme Court in 1997. He was convicted by a jury of second-degree Murder in the fatal shooting of 29- year-old Theodore Vance on February 19, 1996, on 176th Street between Andrews and Montgomery Avenues. 

McKee’s attorney, Michael Talassazan, contacted the CIU six months ago, provided some new evidence and asked the unit to review the case. Assistant District Attorney Risa Gerson re-interviewed witnesses and examined thousands of pages of the trial file. Gerson discovered grand jury testimony of a witness who had heard the victim’s last words, which indicated “a Spanish guy.”

The evidence raised a question as to whether the shooter had been correctly identified because McKee is black, and it should have been turned over to the defense. Once ADA Gerson determined that the testimony had not been turned over to the defense, she gave it McKee’s attorney. 

27% DECREASE IN EVICTIONS

DE BLASIO ADMINISTRATION REPORTS RECORD 27% DECREASE IN EVICTIONS AS ACCESS TO LEGAL ASSISTANCE FOR LOW-INCOME NEW YORKERS IN HOUSING COURT INCREASES

In 2017 alone, there was a 5 percent decrease in residential evictions from 2016 and over the last four years, an estimated 70,000 people have remained in their homes

  The de Blasio Administration today announced that residential evictions by marshals declined 27 percent since 2013, when there were nearly 29,000 evictions annually.  Evictions decreased 5 percent in 2017, representing a total of 1,015 households and an estimated 3,000 New Yorkers across all five boroughs who were able to remain in their homes. The number of evictions in 2017 was 21,074 compared to 22,089 in 2016. Over the last four years, an estimated 70,000 people have remained in their homes as a result of decreased evictions. 

“Preventing homelessness is a key element to turning the tide, which is why we’ve expanded and invested in legal assistance for low-income New Yorkers,” said Mayor de Blasio. “By deepening investments in tenant legal services we’ve been able to build on our progress and help 70,000 people keep their homes.”

“Since 2014, 180,000 New Yorkers have benefited from our expanded tenant legal services and this is just the beginning,” said Department of Social Services Commissioner Steven Banks.  “Evictions are continuing to decline thanks to New York City’s new Universal Access Law and our deepening commitment to fighting homelessness.”

At the same time as evictions are down, the City continues to increase access to free legal representation for low-income New Yorkers facing eviction in Housing Court.  In 2017, Mayor de Blasio signed legislation making New York City the first and only city in the country to ensure that all tenants facing eviction in Housing Court or termination hearings in NYCHA public housing have access to free legal services. When fully implemented in 2022, this initiative is expected to provide legal assistance to 400,000 New Yorkers facing eviction and displacement each year.

The substantial decrease in evictions is a result of the de Blasio Administration’s efforts to make City-funded legal services and other prevention services for low-income tenants accessible. The City increased funding for legal assistance for tenants facing eviction and harassment from $6 million in Fiscal Year 2013 to over $77 million in Fiscal Year 2018, more than a twelve-fold increase in total.

The Universal Access Law, which is overseen by the Civil Justice Coordinator at the Human Resources Administration, is being rolled out beginning with high need neighborhoods.  Annual funding for legal services for tenants will increase to $155 million when Universal Access is fully implemented in Fiscal Year 2022.

These programs are leveling the playing field for tenants in housing court across the five boroughs.  So far, HRA’s tenant legal services programs have successfully contributed to an increase in legal representation for tenants facing eviction in Housing Court from 1 percent of tenants represented in court in 2013 to 27 percent in 2016, as 99 percent of landlords had legal representation.  HRA’s tenant legal services programs have provided more than 180,000 New Yorkers with legal services since 2014.

With the implementation of Universal Access underway, the City’s Public Engagement Unit and the Human Resources Administration will be conducting outreach in key areas as services are rolled out to ensure that tenants can take advantage of this important assistance.

Call 311 or visit the City's housing portal at nyc.gov/longliveny for legal help fighting eviction.