Bronx Man Charged With Murder

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a federal indictment charging JAMAL BRISSETT, a/k/a “Trigger” with murdering Leshaun Gordon, 19, in the Bronx, New York, on June 30, 2009.  BRISSETT was arrested yesterday and is expected to be presented before Chief U.S. Magistrate Judge Gabriel W. Gorenstein in federal court later today.

U.S. Attorney Geoffrey Berman said:  “As alleged, Jamal Brissett killed 19-year-old Leshaun Gordon during a drug deal.  Ten years may have passed, but we have not forgotten.  Thanks to the determination of our partners at HSI and the NYPD, Brissett must now answer for his alleged crimes.”

HSI Special Agent in Charge Angel M. Melendez said:  “In a scheme for revenge, Brissett is alleged to have robbed and shot a man, then later set the car on fire to cover up the crime.  Nearly ten years ago a man was slain on the streets of New York City, but the crime was not forgotten.  No matter how long it takes or how cold the case, HSI and its law enforcement partners will not stop pursuing perpetrators who threaten the safety of this great city.”

Police Commissioner James P. O’Neill said:  “The ability of investigators to achieve justice for this young man and provide a sense of closure to his family is paramount.  The identification and arrest of the suspect in this case was a team effort that resulted from the close partnership that exists between the NYPD and our law-enforcement partners.  I thank and commend the Southern District of New York, and the investigators of HSI and the NYPD whose hard work in the case demonstrate that our efforts remain determined, and precisely-focused.”

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

On or about June 30, 2009, BRISSETT shot and killed Gordon in the course of a drug-trafficking crime and a robbery in the vicinity of Mickle Avenue and Chester Street in the Bronx, New York.  BRISSETT then caused the car where the murder occurred to be set on fire in order to destroy evidence of his crime.

BRISSETT, 30, of the Bronx, New York, is charged with one count of using a firearm to commit murder during a crime of violence and a drug-trafficking crime, which carries a maximum penalty of death or life imprisonment, and one count of using arson to obstruct justice, which carries a maximum penalty of 20 years in prison.  The maximum and minimum sentences in this case are prescribed by Congress and are 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 HSI and the NYPD.

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

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

Prolific Dark Web Dealer Of Carfentanil And Fentanyl Arrested

Defendant Richard Castro Sold Carfentanil and Fentanyl over the Dark Web, and Defendant Luis Fernandez Shipped these Drugs from New York to their Customers across the United States

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Philip R. Bartlett, the Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), and James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), announced today that RICHARD CASTRO, a/k/a “Chemsusa,” a/k/a “Chems_usa,” a/k/a “Chemical_usa,” and LUIS FERNANDEZ, have been charged with participating in a conspiracy to distribute carfentanil, fentanyl, and a fentanyl analogue over the “dark web,” including on AlphaBay and Dream Market.  Fentanyl is a synthetic opioid that is significantly stronger than heroin, and carfentanil is a fentanyl analogue that is approximately 100 times stronger than fentanyl.  CASTRO was arrested this morning in Windermere, Florida, and appeared before Magistrate Judge Leslie Hoffman in Orlando.  FERNANDEZ was arrested this morning in the Bronx, New York, and is expected to be presented today before Chief U.S. Magistrate Judge Gabriel W. Gorenstein.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Fentanyl is a chief culprit in the opioid crisis and carfentanil is 100 times stronger than fentanyl.  Carfentanil is intended to be a tranquilizer for large animals.  These were two of the terrifying drugs that Richard Castro and Luis Fernandez allegedly distributed in large quantities, including over the dark web, where they thought they could hide.  I want to thank our partners at the FBI, USPIS, and NYPD for bringing this dark web conspiracy to light.”

FBI Assistant Director William F. Sweeney Jr. said:  “Carfentanil is 10,000 more times potent than morphine.  Nothing that dangerous and potentially lethal should be in the hands of users who don’t know what they’re taking, and don’t realize how quickly it can kill someone.  The FBI New York and our law enforcement partners use sophisticated methods to seek out these secret and well-hidden operations, to stop the deadly epidemic sweeping through our communities and country right now.”

USPIS Inspector-in-Charge Philip R. Bartlett said:  “The defendants allegedly thought they could use the mail to distribute deadly narcotics, specifically carfentanil and fentanyl, for their own profit, without concern for the communities they destroy.  Their customers allegedly placed orders on the Dark Web, and encrypted email.  As alleged, the defendants were counting on the anonymity of the Dark Web to conceal their crimes.  Despite their best attempts at hiding their crimes, today they learned the price for using the mail to ship drugs – JUSTICE and possibly JAIL.”

NYPD Commissioner James P. O’Neill said:  “As long as individuals – wherever they operate – are involved in narcotics trafficking, the NYPD and our partners will relentlessly work to stop the threat to public safety.  Anyone who deals in illegal opioids should understand that the nation’s best investigators will stop at nothing to keep our community safe.  I commend our colleagues at the Southern District of New York, and the investigators of the New York Office of the U.S. Postal Inspection Service, and the Joint Organized Crime Task Force for their work in this investigation.”

According to the allegations contained in the Complaint[1] charging RICHARD CASTRO and LUIS FERNANDEZ:

From at least in or about November 2015 through the present, CASTRO and FERNANDEZ conspired to distribute carfentanil, fentanyl, and phenyl fentanyl (an analogue of fentanyl).  For most of this period, the conspiracy dealt drugs over the dark web, using the monikers “Chemsusa,” “Chems_usa,” and “Chemical_usa.”  CASTRO was an operator of these online monikers and was paid in bitcoin.  On one dark web marketplace, Dream Market, “Chemsusa” boasted that it had completed more than 3200 transactions on other dark web markets, including more than 1,800 on AlphaBay.  The customer feedback for “Chemsusa” included, “Extremely potent and definitely the real Carf,” as well as “The Carfent is unbelievably well synthesized, keep up the amazing work.” 

In June 2018, “Chems_usa” informed its customers that it was moving its business off dark net marketplaces and would accept purchase requests for narcotics only via encrypted email.  To learn the off-market email address, “Chems_usa” required willing customers to pay a fee.  An undercover law enforcement officer paid this fee, obtained the encrypted email address, and placed orders with CASTRO.  CASTRO’s co-conspirator, FERNANDEZ, shipped narcotics on behalf of the conspiracy, including from New York City.  From November 2018 to the present, at least 94 packages have been linked to this conspiracy; several of them have tested positive for carfentanil or fentanyl.  All of these packages were shipped using USPS Priority Mail envelopes, and for most of them, the sender’s purported return address was a law office or a governmental entity.

CASTRO also laundered his narcotics proceeds, including by funneling more than approximately $1.77 million through bitcoin wallets of his, and by buying approximately 100 quadrillion Zimbabwe bank notes, among other valuables, which were shipped to his residence.

RICHARD CASTRO, 36, of Windermere, Florida, and LUIS FERNANDEZ, 41, of the Bronx, New York, are each charged with one count of conspiracy to distribute and possess with the intent to distribute three controlled substances – carfentanil, phenyl fentanyl, and fentanyl – as well as one count of distributing these controlled substances via the Internet.  Each of these counts carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.  CASTRO is also charged with one count of laundering narcotics proceeds, which carries a maximum sentence of 20 years in prison.  The statutory maximum sentences 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. Berman praised the FBI, USPIS, and NYPD for their outstanding work on the investigation.  Mr. Berman also thanked the Internal Revenue Service and the Orange County, Florida Sheriff’s Office for their assistance in this investigation.  He added that the investigation is continuing.  

The charges contained in the Complaint are merely accusations, and the defendants are 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 below constitute only allegations, and every fact described should be treated as an allegation.

Attorney General James, HCR, And HPD Intervene In Federal Court To Stop Eviction Of NYC Rent-Stabilized Tenants

NY AG, NYS HCR, and NYC HPD seek to join U.S. Bankruptcy Court action to oppose a landlord-initiated motion to push out rent-stabilized tenants 

   Today, Attorney General Letitia James, New York State Division of Housing and Community Renewal (NYSHCR) Commissioner RuthAnne Visnauskas, and New York City Department of Housing Preservation and Development (HPD) Commissioner Maria Torres-Springer announced that the City and State sought to join in an action in the United States Bankruptcy Court for the Southern District of New York on behalf of tenants at 444 East 13th Street in Manhattan. Both the City and State are opposing the building owner’s application to reject tenants’ leases, an application that is a thinly-veiled attempt to flout rent regulation laws and displace tenants.  

“Bankruptcy Court should not be used as a tool to unjustly oust rent-stabilized New Yorkers from their homes,” said Attorney General Letitia James. “In filing this motion, my office is working to ensure that the tenants are not displaced. Housing is a right, and we will continue to use every legal tool available to stand up for tenants and to enforce their rights.”  

“New Yorkers have a right to live in safe homes free from harassment. We are proud to join our partners in standing up for these tenants against a landlord who is trying to take advantage of bankruptcy proceedings to cancel their regulated, affordable leases and dodge State law in the process,” said New York State Homes and Community Renewal Commissioner RuthAnne Visnauskas. “We cannot allow these proceedings to set a precedent that would undermine the rights of millions of New Yorkers.”  

“This administration remains unwavering in its commitment to stop tenant harassment in its tracks, and today we’re letting bad landlords know that we will not tolerate any attempt to displace our city's hard-working families. This alarming and blatant end-run on the protections of our rent stabilization laws will not stand,” said HPD Commissioner Maria Torres-Springer. “I thank the New York State Attorney General and our colleagues at the City and State for standing strong against bad landlords and supporting this city’s tenants.” 

Tenants in the building have been withholding rent for months on the grounds that the landlord has failed to make necessary repairs. The building’s current violations include inadequate heat, broken or defective plumbing, an accumulation of garbage in the hall, and rodents. The building’s owner earlier filed for bankruptcy, and is trying to get the Court to permit it to reject the rent stabilized leases of the tenants. The City and State, in a joint motion, argue that the landlord is seeking to avoid state protections given to rent-stabilized tenants, who have a right to withhold rent if an apartment is uninhabitable.   

The building at 444 East 13th Street contains sixteen residential units, all of which were registered as rent-stabilized as of 2016, the last time the landlord registered rents with HCR. The landlord claims that it should be entitled to reject these tenants’ leases without going through the standard state procedures to address the tenants’ demands, seek rent or resolve these issues. The Attorney General and her partners are concerned that the use of the Bankruptcy Court to bypass state protections for tenants would set a bad precedent and would encourage other landlords to file bankruptcy solely to avoid state law and its protections.  

Attorney General Letitia James Joins Multistate Settlement To Cease Fast Food Usage Of No-Poach Agreements

Dunkin’, Arby’s, Five Guys, and Little Caesars will Drop Provisions that Limit Recruitment and Hiring of Fast Food Workers 

  In a multistate settlement with a coalition of 14 attorneys general, four national fast food franchisors will cease using “no-poach” agreements, which restrict the right of fast food workers to move from one franchise to another within the same restaurant chain.    

The agreements with Dunkin’, Arby’s, Five Guys, and Little Caesars settle an investigation announced by the states in July 2018 over concerns that no-poach agreements hurt low-wage workers by limiting their ability to secure better paying jobs.  

“Whether you’re making pizzas or making cars, everyone has the right to seek better opportunities. No-poach agreements are inherently unfair, and restrict the ability of low wage fast food workers to obtain higher-paying jobs,” said Attorney General Letitia James. “My office will continue to work with other state attorneys general to ensure the workers at other national chains are not unnecessarily barred from opportunities for career and financial growth.” 

Under the terms of the settlements, the franchisors have agreed to stop including no-poach provisions in any of their franchise agreements and to stop enforcing any franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement. Finally, the franchisors will notify the attorneys general if one of their franchisees tries to restrict any employee from moving to another location under an existing no-poach provision. 

The attorneys general began their investigation last July by sending letters to Arby’s, Burger King, Dunkin’ Brands, Five Guys Burgers and Fries, Little Caesars, Panera Bread, Popeyes Louisiana Kitchen and Wendy’s requesting documents, including copies of franchise agreements and communications related to no-poach provisions. The attorneys general alleged that no-poach provisions make it difficult for workers to improve their earning potential by moving from one job to another or seeking a higher-paying job at another franchise location, and that many workers are unaware they are subject to these no-poach provisions.     

Since the investigation began, Wendy’s announced that it will no longer use no-poach provisions in their contracts with franchisees. Investigations into Burger King, Popeyes, and Panera continue. 

Today’s coalition is led by Massachusetts Attorney General Maura Healey, and includes state attorneys general from California, District of Columbia, Iowa, Illinois, Maryland, Massachusetts, Minnesota, North Carolina, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, and Vermont.   

MAN SENTENCED TO 20 YEARS IN PRISON FOR STRANGLING BOYFRIEND TO DEATH IN THE BRONX

Defendant Pleaded Guilty to Manslaughter 

  Bronx District Attorney Darcel D. Clark today announced that a man has been sentenced to 20 years in prison for the 2016 strangulation of a 27-year-old man with whom he was living in the Bronx.

 Bronx. District Attorney Clark said, “The defendant killed his boyfriend, whom he had been in a relationship with for several months. We hope today’s sentence brings some peace to the victim’s family.” 

 District Attorney Clark said the defendant, Marcus Bellamy, 35, who was living with the victim at 104 West 174th Street at the time of the killing, was sentenced today to 20 years in prison and 5 years post-release supervision by Bronx Supreme Court Justice John Carter. Bellamy pleaded guilty to first-degree Manslaughter on February 20, 2019. 

 According to the investigation, in the late afternoon of August 19, 2016, inside the victim’s apartment at 101 West 174th Street, the defendant, a Broadway dancer, beat and strangled Bernardo Almonte, causing his death. After the murder, the defendant wrote a post on social media related to the crime in which he asked for forgiveness. Bellamy then told a neighbor that he had killed Almonte. The neighbor called the NYPD and the defendant was arrested shortly afterwards.

 The victim sustained injuries to his larynx, fractures to his hyoid bone and had bite marks in the area between his shoulder and chest. Almonte was also found with signs of struggle and bruises around his body.

 District Attorney Clark thanked Detective Christine Reyes of the Bronx Homicide Squad for her assistance in the investigation.

Engel, Dinowitz, Biaggi, Cohen Statement on Student Protest at Ethical Culture Fieldston School

  “The students of the Ethical Culture Fieldston School have very real concerns that must be heard by school administrators and the community. We cannot bury our heads in the sand—the rise in racism, anti-Semitism, and extremism is real and must be confronted all fronts. Accountability is key. Students of color shouldn’t be made to feel unsafe or uncomfortable, period. We will continue to monitor this peaceful demonstration, which can hopefully bring about some lasting, positive changes.”  

EDITOR'S NOTE:

All one has to do is watch the parade of school buses leaving the school to see that the students are not from the local Riverdale area.

Pelham Parkway Neighborhood Association Meeting

(L - R) Front Row - PPNA Executive Board Members Lewis Lutnick, Debbie Kawalick, (Guest Speaker) Judge Robert Torres, Steve Glosser, and President Edith Blitzer. Back Row Lance Zavin, Ruth Birenberg, Oscar Ruiz, and Andrea Siegel.

  Judge Torres spoke about the Criminal Court system, the recently passed Raise the Age legislation, the much lower population of inmates at Rikers Island, and took questions from the audience. He began with saying that judges are human, there are many great judges, but there are some who need retraining. He said that it costs Three Thousand dollars per year to house an inmate in prison, and that four to six people can get programs for that cost. 

  When questions came as to how repeat offenders are released again and again Judge Torres said that people can not be kept in jail for low level crimes. He said that the system is not perfect, and must be done on an individual case by case trial. When it came to the new Raise the Age Legislation taking sixteen and seventeen year olds out of the criminal system Judge Torres said that for major crimes they will still be tried in the criminal court system. The court system is defining just which crimes are to be sent to other areas of the court system, and that judges need to learn that. 

  Representatives of the Comptrollers office, Councilman Gjonaj, Assemblywoman Fernandez, and Councilman Torres's office were on hand with information, and 49th Precinct Sector NCO officers Mcdowell and Grossett answered some questions.

Above - Judge Torres answering one of the questions asked of him.

Below - 49th Precinct Sector NCO officers Mcdowell and Grossett.

HISTORIC ELEPHANT PROTECTION INITIATIVE LAUNCHED IN MYANMAR

  The Elephant Project, a leader in innovative wildlife protection strategies, announced today that it has entered into a formal agreement with the Government of the Republic of the Union of Myanmar to relocate elephants from high human-elephant conflict areas to safe zones around the country. Human-elephant conflict is one of the biggest contributors to elephant deaths around the world.

 

U Win Naing Thaw, Director of the Nature and Wildlife Conservation Division, Forest Department Ministry of Natural Resources and Environmental Conservation of The Republic of the Union of Myanmar stated upon the signing of the agreement, “We must find a long-term solution to protecting Myanmar’s critically threatened elephant population and we are optimistic that by working with The Elephant Project we will find that solution.” 

  

The Elephant Project Founder and President Dane Waters stated, “We must take aggressive protective action because extensive deforestation in Myanmar due to historic unsustainable levels of logging has resulted in the reduction of elephants’ natural habitat. This has produced a desperate search by elephants for food in villages and an increase in deadly human-elephant conflicts. Our joint effort will add a layer of protection for Myanmar’s elephants that doesn’t currently exist.”

 

As part of the agreement, the Forest Department and The Elephant Project agree to the following to collaborate on elephant relocation efforts in Myanmar:

1. Identify elephants that need relocation
2. Identify mutually agreeable areas to relocate the elephants
3. Agree to best practices to ensure the health and safety of the elephants during relocation
4. Create a timeline and cost analysis for full implementation of project  

Adam Roberts, Senior Advisor to The Elephant Project stated, “We are excited about this opportunity to launch a vital collaboration with the Forest Department. Our paramount concern is for the welfare of the elephants and every precaution will be taken to ensure the safety, protection and humane care of the elephants during the relocation process.”

 

“This agreement is great news for Myanmar's elephants thanks to The Elephant Project’s commitment to elephant protection in our country. This will save countless elephants in Myanmar which are on the run for survival due to deforestation and poaching,” added U Win Aung, The Elephant Project’s Myanmar based Advisory Board member.

 

In the coming months, The Elephant Project will finalize the relocation plan with the Forest Department and begin this unprecedented effort in Myanmar.

 

In addition to the relocation efforts in Myanmar, The Elephant Project is also funding the building of electric fences in the country that will help keep elephants out of the crops of local villagers. This preventive measure reduces the chance that villagers, whose livelihoods are threatened by elephants searching for food, will either kill the elephants themselves or call in poachers to do it for them.

 

“Helping to end human-elephant conflicts in Myanmar is the first step in our long-term commitment to Myanmar’s elephants. We are extremely optimistic that The Elephant Project, working together with the Government of Myanmar, will help ensure the nation’s elephants will survive, and that our joint efforts will serve as a strong testament to what public-private partnerships can accomplish,” continued Waters.

 

As part of The Elephant Project’s long-term commitment to the country, we propose to establish an elephant sanctuary or a system of sanctuaries in Myanmar that would provide a fully funded model for domestic elephant protection and long-term care. To underwrite the costs of operating the sanctuary in perpetuity, The Elephant Project will develop significant residential and commercial real estate investment opportunities in the country. This development will be located adjacent to the sanctuary and permit non-intrusive viewing of elephants for “ecotourism” and “voluntourism”. This unprecedented effort will inject hundreds of millions of dollars into the Myanmar economy, creating a perpetual and powerful funding source for the sanctuary established to protect the country’s elephant population. It is a win for the government, donors, the Burmese people, and most importantly the elephants.”