Sunday, April 28, 2019
#BXnightmarket - So much new food to try...here's some info to help you plan better
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Friday, April 26, 2019
OFFICE OF THE BRONX DISTRICT ATTORNEY TO HOST 3rd ANNUAL CHILD SAFETY FAIR ON APRIL 27, 2019
April Is Child Abuse Prevention Month
Bronx Children and Parents Can Learn About Safety Issues Among Fun Activities
Bronx District Attorney Darcel D. Clark today announced that her office, along with the
New York City Police Department, Safe Horizon, the NYC Administration for Children’s
Services and the New York City Fire Department, will host the third annual Bronx Child Safety
Fair. The event will allow families to hear from experts on safety concerns, obtain a free New
York State Safe Child Identification Card, and enjoy a day filled with games, music and other fun
activities.
The Child Safety Fair, which marks Child Abuse Prevention Month, will be held on
Saturday, April 27, 2019 from 11:00 a.m. to 3:00 p.m. at St. Margaret Mary School, located at
1914 Morris Avenue, between East 177th Street and East Tremont Avenue. Children ages 3 to 13
and their families are encouraged to take part in the event.
District Attorney Clark said “Keeping Bronx children safe is a top priority, and learning
how to prevent harm towards our kids is extremely important. We had great turnouts for our first
two fairs, and I hope you will join us this year for this educational, fun event.”
The fair will cover a wide range of safety topics, including bicycle safety, bullying
prevention, tips on staying safe while surfing the Internet, safe sleeping for infants, and
safe/unsafe touching. Assistant District Attorneys will be on hand to answer questions.
Besides educational opportunities, there will also be a live DJ, face painting, a bouncy
castle and a raffle. Free food will also be offered. The NYPD will distribute free SAFE Child
Identification cards, which includes the child’s name, biographical information and a fingerprint
image of both index fingers. The ID cards are used by the New York State AMBER Alert and
Missing Child Alert programs. Additionally, the NYPD will be taking sign-ups for their summer
youth programs.
BRONX WOMAN INDICTED FOR ASSAULT FOR ILLEGAL SILICONE INJECTIONS IN HER BRONX HOME
Other Possible Victims Are Encouraged To Contact Police
Bronx District Attorney Darcel D. Clark today announced that a Bronx woman has been
indicted for Assault and other charges for allegedly carrying out an illegal silicone cosmetic
procedure on a 39-year-old woman.
District Attorney Clark said, “The defendant allegedly conducted a dangerous, illegal
cosmetic procedure that left the victim with substantial pain. We hope this indictment reminds
the public that they should not undergo these unauthorized procedures that can gravely threaten
their health.”
District Attorney Clark said the defendant, Whalesca Castillo, 44, of 2219 Seward Avenue,
was arraigned today on second-degree Assault, Unauthorized Practice and third-degree Assault
before Bronx Supreme Court Justice George Villegas. The defendant is due back in court on June
3, 2019.
According to the investigation, on or about February 10, 2018, in the defendant’s home,
Castillo conducted an unauthorized cosmetic procedure and injected silicone substance into the
body of a 39-year-old Bronx woman. The botched procedure, which was done in an effort to
enhance the buttocks of the victim, left her with extensive infections and pain in her buttocks and
thighs. The victim also has to undergo surgery to remove most of the tissue in the affected area
The defendant, who does not have a license to practice medicine or cosmetic surgery, was
indicted in second-degree Manslaughter, Criminally Negligent Homicide and Unauthorized
Practice earlier this year for a separate procedure in which a woman died. Anyone with
information about other possible victims of the defendant are encouraged to call the 43rd Precinct
Detective Squad at (718) 542-5530.
District Attorney Clark thanked NYPD Detectives Carmen Torres of
the 43rd Precinct Detective Squad and Anthony Velez of the Bronx Homicide Squad for their
assistance.
An indictment is an accusatory instrument and not proof of a defendant’s guilt.
SENTENCES OF 16 YEARS, 17 YEARS IN PRISON FOR TWO MEN IN FATAL SHOOTING OF TEEN DURING ROBBERY IN HIS HOME
Defendants Pleaded Guilty to First-Degree Manslaughter;
Had Gone To Victim’s Home To Steal Insurance Settlement
Bronx District Attorney Darcel D. Clark today announced that two men have been
sentenced to prison—one for 16 years, the other for 17 years--for fatally shooting a teen in his
Bronx home in 2016.
District Attorney Clark said, “The defendants went to the 19-year-old victim’s home to
commit a robbery and shot him during a struggle. The defendants’ actions ended the life of a
young man over money that wasn’t even in the victim’s home.”
District Attorney Clark said the defendant, Andy Encarnacion, 24, of 596 Riverside Drive,
Manhattan, was sentenced today to 17 years in prison and 5 years post-release supervision by
Bronx Supreme Court Justice James McCarty. Matthew Wulah, 25, of 2632 Davidson
Avenue, was sentenced to 16 years in prison and 5 years post-release supervision by Judge
McCarty on April 11, 2019. Encarnacion and Wulah pleaded guilty to first-degree
Manslaughter in March 2019 before Bronx Supreme Court Justice Barry E. Warhit.
According to the investigation, in the early morning on November 20, 2016, inside 1058
Southern Boulevard, the defendants, in concert with each other, shot Jose Hart, 19, causing his
death. Prior to the shooting, the victim’s mother had recently won a $50,000 car insurance
settlement, and Hart had told a woman he was dating, Kayla Moreno, about the money. After the
victim shared a sexually explicit video of them, she allegedly planned the robbery with others.
Moreno told Wulah and Encarnacion about the money and let the defendants into Hart’s
apartment. While trying to find the money, the victim struggled with the defendants and he was
shot in the chest.
The defendants fled the scene and allegedly took with them a flat screen TV, the victim’s
cell phone, PlayStation console, sneakers and his jacket. The victim’s body was found by his
mother when she arrived home several hours after the shooting.
The cases against Moreno and other co-defendants are still pending.
District Attorney Clark thanked Beryl Wright, Clerical Associate in the Homicide Bureau.
District Attorney Clark also thanked Detective Gregory Casvikes of the 41st Precinct Squad and
Detective Robert Klein of the Bronx Homicide Task Force.
BRONX MAN SENTENCED TO 10 YEARS IN PRISON FOR WEAPON POSSESSION IN INCIDENT THAT LEFT 5-YEAR-OLD BOY SHOT IN HEAD ON A BRONX STREET
Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been
sentenced to 10 years in prison after a jury found him guilty of weapon possession involving a
shooting that left a 5-year-old boy critically wounded.
District Attorney Clark said, “Any defendant on parole, carrying a gun in broad daylight
should receive the maximum sentence under the law, which is 15 years. The young victim
miraculously survived a gunshot to the head but continues to struggle with the injuries. An
innocent child’s life has been utterly changed.”
District Attorney Clark said the defendant, Michael Quiles, 29, of Washington Avenue,
was sentenced today to 10 years in prison and 5 years post-release supervision by Bronx
Supreme Court Justice Martin Marcus. A jury found the defendant guilty of second-degree
Criminal Possession of a Weapon on March 26, 2019. The defendant was acquitted of
Attempted Murder and first-degree Assault.
According to the investigation, on June 5, 2017, in the area of 167th Street and Washington
Avenue, the defendant was in possession of a loaded firearm while arguing with two men with
whom he was having a dispute. The men were armed with knives and approached the defendant.
Quiles, who was on parole at the time, then fired multiple shots during the argument. One bullet
struck Jaheem Hunter, who was to celebrate his fifth birthday that day. His father and sister
rushed him to the hospital where he underwent multiple surgeries. He suffered severe brain
damage and continues to live with the repercussions from the shooting.
Former S&P Analyst Convicted In Insider Trading Schemes
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that SEBASTIAN PINTO-THOMAZ, a former credit ratings analyst at Standard & Poor’s, was convicted today of participating in two schemes to trade on material, nonpublic information in advance of the Sherwin-Williams Company’s acquisition of the Valspar Corporation, following a seven-day jury trial before U.S. District Judge Jed S. Rakoff.
U.S. Attorney Geoffrey Berman said: “Sebastian Pinto-Thomaz stole confidential information from his employer and passed it to two men he had known for years – and he did it for his own personal benefit. While the defendant attempted to blame his mother for this conduct at trial, as a unanimous jury found, it was Pinto-Thomaz who committed insider trading.”
According to the evidence presented during the trial and statements made in related court filings and proceedings:
Rating Evaluation Services and the Insider
When a company announces an acquisition, the acquiring company often seeks the opinion of a credit rating agency regarding the potential impact that the acquisition could have on the acquiring company’s creditworthiness. Therefore, companies often contact rating agencies before an acquisition is publicly announced. All the major rating agencies offer a service – sometimes known as a Rating Evaluation Service (“RES”) – that provides the company with a rating committee decision with respect to a proposed acquisition.
In March 2016, Standard and Poor’s (“S&P”), a credit rating agency in New York, New York, assigned SEBASTIAN PINTO-THOMAZ, a credit ratings analyst, to work on a RES for the Sherwin-Williams Company (“Sherwin-Williams”) in advance of its contemplated but unannounced acquisition of the Valspar Corporation (“Valspar”). In connection with this assignment, PINTO-THOMAZ received material, nonpublic information (the “Inside Information”) about Sherwin-Williams’s planned acquisition of Valspar prior to the public announcement of the acquisition. S&P’s written policies prohibited the unauthorized disclosure of confidential information, which included the Inside Information. During his tenure at S&P, PINTO-THOMAZ reviewed and certified his duties of loyalty and confidentiality to S&P and its clients.
The Insider Trading Scheme
In March 2016, PINTO-THOMAZ misappropriated the Inside Information about Sherwin-Williams’s acquisition of Valspar and passed it to Jeremy Millul, his friend, and Abell Oujaddou, his hairdresser, so that they could use it to make profitable trades in Valspar stock and options. On March 21, 2016, the first trading day after the public announcement of the acquisition, the price of Valspar stock increased approximately 23 percent over the prior day’s close.
Millul is a Manhattan jeweler who had a close personal friendship with PINTO-THOMAZ. After receiving a tip about the impending Valspar deal from PINTO-THOMAZ, Millul opened a brokerage account on March 13, 2016, and shortly thereafter purchased 480 shares of Valspar common stock. On March 18, 2016, the last trading day before the acquisition was publicly announced, Millul also purchased 75 out-of-the-money Valspar call options. After the acquisition was publicly announced, Millul sold his Valspar stock and options for approximately $106,806 in profits.
Oujaddou is a Manhattan hairstylist and salon owner who has known PINTO-THOMAZ for years, and who is close friends with PINTO-THOMAZ’s mother. During a haircut on March 8, 2016, or March 9, 2016, PINTO-THOMAZ provided Oujaddou with the Inside Information about the impending Valspar deal in exchange for a portion of his trading profits. Then, from March 10, 2016, through March 18, 2016, Oujaddou, who had never previously purchased Valspar or Sherwin-Williams securities, used the Inside Information he had received from PINTO-THOMAZ to purchase 8,630 shares of Valspar stock. After the acquisition was publicly announced, Oujaddou sold his Valspar shares for approximately $192,080 in profits. Following his successful trading, Oujaddou met PINTO-THOMAZ in the paint aisle of a hardware store and paid him a kickback.
Later, in June 2016, the Financial Industry Regulatory Authority (“FINRA”) sent S&P a list of individuals and entities that had traded in Valspar in advance of the public announcement of the acquisition (the “List”). S&P forwarded the List to its employees who had worked on the Sherwin-Williams RES, including PINTO-THOMAZ, asking the employees to respond by stating whether they had a past or present relationship with any individual or entity on the List. Although both Oujaddou and Millul were on the List, PINTO-THOMAZ denied having a relationship with anyone on the List.
SEBASTIAN PINTO-THOMAZ, 32, of New York, New York, was convicted of two counts of conspiracy to commit securities fraud and two counts of securities fraud. The conspiracy counts each carry a maximum prison term of five years; the securities fraud counts each carry a maximum sentence of 20 years. The securities fraud charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the Court.
PINTO-THOMAZ is scheduled to be sentenced before Judge Rakoff on July 29, 2019, at 4:00 p.m.
Abell Oujaddou and Jeremy Millul each previously pled guilty and await sentencing before Judge Rakoff.
Mr. Berman praised the work of the FBI, and thanked the SEC for its assistance.
Operator Of Online Retailer Sentenced In Manhattan Federal Court For Running Fraudulent Eyewear Business
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that VITALY BORKER was sentenced today in Manhattan federal court to two years in prison for one count of mail fraud, one count of wire fraud, and one count of conspiracy to commit mail and wire fraud in connection with his operation of the eyewear retail and repair website Opticsfast.com.
BORKER pled guilty on March 20, 2018, before U.S. District Judge Paul G. Gardephe, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman stated: “Vitaly Borker twice perpetrated criminal schemes involving the online sale and repair of eyewear, and today he was rightfully sentenced to prison for a second time. Perhaps his second stint in federal prison will impress upon this shady businessman that seeking to make money by fraud and intimidation is a path to prison and not success.”
According to allegations made in the Complaint and Indictment to which BORKER pled guilty, as well as statements made in court proceedings:
BORKER founded Opticsfast.com in 2011 as an e-commerce eyeglass retail and repair business. From at least 2011 through 2017, the defendant conducted a scheme to defraud individuals by inducing them to send their glasses to Opticsfast.com for repairs, then demanded exorbitant fees for repairs or return shipping, intimidated and harassed customers who requested refunds by subjecting them to a campaign of abusive emails and text messages, and threatened to discard glasses when customers disputed the fees. In furtherance of the scheme, the defendant posted material false statements on Opticsfast.com’s website, falsely claiming the company used in-house laboratories staffed by trained technicians to perform repair work. BORKER launched and operated Opticsfast.com after he was charged in a federal criminal case for his fraudulent operation of another eyewear retail and repair website, Decormyeyes.com, for which he was ultimately convicted and sentenced in a separate case. BORKER continued his involvement in Opticsfast.com from prison even after he was incarcerated, and following his release from prison.
BORKER, 42, of Brooklyn, New York, was sentenced to two years in prison, to be followed by three years of supervised release, a $50,000 fine, and a $300 special assessment.
Mr. Berman praised the outstanding investigative work of the New York Office of the U.S. Postal Inspection Service.