Wednesday, February 26, 2020

Three Members of The Rollin' 30s Crips Convicted At Trial


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, the Police Commissioner of the City of New York (“NYPD”), and Peter C. Fitzhugh, the Special Agent in Charge of the New York Office of Homeland Security Investigations (“HSI”), announced that yesterday, RANDY TORRES, a/k/a “Rico,” 38, WALSTON OWEN, a/k/a “Purp,” 36, and CHARLES VENTURA, a/k/a “Gutta,” 27, were convicted of racketeering charges relating to their involvement in the violent Rollin’ 30s Crips street gang.  OWEN and VENTURA were also found guilty of attempted murders in aid of racketeering and related firearms offenses.  The convictions followed a fifteen-day trial before United States District Judge Victor Marrero.

The jury found that TORRES’ involvement in the Rollin’ 30s racketeering conspiracy included the September 19, 2015 murder of Nester Suazo and that OWEN’s involvement included the March 26, 2015 murder of Victor Chafla.  Suazo was killed after Torres and other gang members fought with members of a rival Crip faction at a music video shoot in the Bronx.  Chafla, an innocent bystander, was caught in the crossfire during an attempt by Rollin’ 30s members to shoot at a member of an opposing street gang in the Bronx.  At the time he was shot, Chafla was standing outside the store where he worked stocking fruits and vegetables. Chafla died from his wounds a few days later.
U.S. Attorney Geoffrey S. Berman said:  “As the jury unanimously found, the defendants were members of a violent gang, and were responsible for multiple murders.  Thanks to the dedication of our partners at the NYPD and HSI, the defendants now stand convicted in federal court for their crimes.”
According to the allegations contained in the Superseding Indictments and other documents in the public record, and the evidence at trial:
From at least in or about 2009 up to and including in or about 2017, in the Southern District of New York and elsewhere, RANDY TORRES, a/k/a “Rico,” WALSTON OWEN, a/k/a “Purpose,” CHARLES VENTURA, a/k/a “Gutta,” and others were members or associates of a racketeering enterprise known as the “Rollin’ 30s,” also known as the “Harlem Mafia Crips,” or “Dirt Gang.”  In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Rollin’ 30s committed, conspired, attempted, and threatened to commit acts of violence, including murder, attempted murder, and robbery; and they conspired to distribute and possess with intent to distribute narcotics.
OWEN and VENTURA each face a mandatory minimum sentence of ten years’ imprisonment; all three defendants face a maximum sentence of life imprisonment.  Sentencing of the defendants has been scheduled for July 10, 2020.
Mr. Berman praised the outstanding investigative work of the NYPD and HSI. 

Yonkers Man Charged With Bronx Kidnapping


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an Indictment charging OWEN DRAIN, a/k/a “Whiteboy,” a/k/a “Tommy,” with the November 19, 2019, gunpoint kidnapping of a victim in the Bronx.  The case has been assigned to United States District Judge Victor Marrero.  DRAIN was arrested this afternoon, and will be presented today before United States Magistrate Judge Barbara C. Moses.

U.S. Attorney Geoffrey S. Berman said:  “As alleged in the Indictment, the defendant kidnapped a victim in a car at gunpoint.  Thanks to the outstanding work of the FBI and the NYPD, the defendant is now charged in federal court for this extremely serious crime.”
Police Commissioner Dermot Shea said:  “This arrest and indictment reflects the hard work that members of the NYPD engage in each day to hold responsible the small number of individuals committing much of the violence in New York City. I commend the efforts of the NYPD investigators and our law enforcement partners involved in this investigation.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
As alleged, on November 19, 2019, OWEN DRAIN kidnapped a victim at gunpoint and zip tied the victim during the course of the kidnapping.
DRAIN, 35, of Yonkers, New York, is charged with kidnapping, which carries a maximum sentence of life imprisonment.  The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.           
Mr. Berman praised the outstanding investigative work of the NYPD and FBI. 
This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Ni Qian and Michael D. Longyear 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.
 [1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Tuesday, February 25, 2020

Attorney General James, Comptroller DiNapoli, And Department Of Investigation Commissioner Garnett Announce Sentencing In Straw Donation Scheme


Anna Mendez, Formerly of Tremont Crotona Day Care Center, Sentenced to 5 years’ Probation   

 Attorney General Letitia James, State Comptroller Thomas P. DiNapoli, and New York City Department of Investigation Commissioner Margaret Garnett announced the sentencing of non-profit executive Anna Mendez for the misuse of nonprofit funds to fund straw political donations to former New York City Council candidate Albert Alvarez in New York County Supreme Court, Mendez was sentenced to 5 years’ probation.

“Anna Mendez misused thousands of dollars intended to aid our youngest and most vulnerable new Yorkers,” said Attorney General James. “Public corruption in any form will never be tolerated, and my office remains committed to holding bad actors across the state accountable. I thank the offices of the New York State Comptroller and the New York City Department of Investigation for their continued commitment to justice.”
"Our electoral  process is jeopardized when people like Ms. Mendez scheme to undermine laws to fund candidates," said New York State Comptroller DiNapoli. "Thanks to our partnership with Attorney General James and the New York City Department of Investigations, Ms. Mendez now faces justice and has been held accountable for her actions."
“Corrupting the election process is a crime that deserves a serious penalty," said New York City Department of Investigation Commissioner Margaret Garnett. “This defendant exploited New York City’s campaign finance system by misappropriating monies from a City-funded nonprofit and using them to support straw campaign donations. DOI was pleased to work with the state Attorney General and state Comptroller on this important investigation.”
On October 28, 2019, Mendez was convicted of 10 counts of Offering a False Instrument for Filing in the First Degree, a class E felony. Mendez and her co-conspirator, George Gonzalez, were arraigned for their roles in the false filings on January 10, 2018. Mendez and Gonzalez provided funds to other employees of Tremont Crotona Day Care Center to contribute to Alvarez. Gonzalez also distributed contribution cards to these employees, which he had them falsely make out in their own names to conceal the true source of the funds. Alvarez then collected the money and false contribution cards. Even though he knew the contribution cards were false, Alvarez submitted them to the New York City Campaign Finance Board (the “CFB”) to steal at least $4,500 in public matching funds. In total, Alvarez received $92,400 in public matching funds. Alvarez plead guilty to one count of Offering a False Instrument for Filing in the Second Degree, a Class A misdemeanor in connection with the case.
Gonzalez also pleaded guilty to felony counts of Grand Larceny and Offering a False Instrument for filing in connection with his role in the straw donation scheme. Additionally, former Tremont Crotona, Inc., Chairman of the Board, Alexander Pena, pled guilty to Offering a False Instrument for Filing in the First Degree for his role in corruption at the non-profit.
Since 2011, the Office of the Attorney General and the Office of the State Comptroller have worked together to fight corruption through their Joint Task Force on Public Integrity.
The Attorney General would also like to thank the New York City Department of Investigation for their partnership on this investigation. The case was investigated by First Deputy Inspector General Ivette Morales under the supervision of Inspector General Andrew Sein, Deputy Commissioner/Chief of Investigations Dominick Zarrella, and First Deputy Commissioner Daniel Cort.

Attorney General James To Sue New York City Government For Fraudulent Practices By Taxi And Limousine Commission


TLC Knowingly Misled Taxi Medallion Purchasers by Publishing False Prices
AG James Seeks Restitution for Individual Medallion Owners
  New York Attorney General Letitia James sent a notice of claim for $810 million to the City of New York, alleging that it fraudulently inflated the price of thousands of yellow taxicab medallions and profited from it over a 14-year period. An investigation by the Office of the Attorney General revealed that, between 2004 and 2017, the New York City Taxi and Limousine Commission (TLC) marketed the licenses for thousands of taxi medallions to purchasers as investments and conducted auctions of these medallions in a manner which artificially inflated prices by hundreds of millions of dollars. The city not only engaged in a scheme that defrauded medallion owners, but continued to further market these medallions at overvalued rates even after internal reports raised warnings about the inflated values.
“Government should be a source of justice, not a vehicle for fraudulent practices,” said Attorney General James. “These taxi medallions were marketed as a pathway to the American Dream, but instead became a trapdoor of despair for medallion owners harmed by the TLCs unlawful practices. The very government that was supposed to ensure fair practices in the marketplace engaged in a scheme that defrauded hundreds of medallion owners, leaving many with no choice but to work day and night to pay off their overpriced medallions. What’s worse is that the TLC knew their actions were affecting some of the city’s most financially exposed immigrant families. We are taking action to ensure New York’s hard-working taxi drivers can be made whole again and are repaid the hundreds of millions the city unlawfully pocketed.”
A taxicab medallion is a numbered metal plate that is affixed to the body of a New York yellow taxicab. A medallion licenses a driver to accept “street hails” and to charge a fare that is regulated and set by the TLC. Since 1937, the TLC has controlled all sales of new medallions through auctions and has overseen all transfers of medallions between third parties. There are currently more than13,600 taxi medallions in New York City.
In the past, the City of New York and the TLC have promoted ownership of taxi medallions as “a solid investment with steady growth,” claiming that its “return” was “better than the stock market.” A former TLC Commissioner even once noted that medallions have “outperformed practically every other type of investment that exists.” The TLC has also previously lured purchasers by claiming the high value of taxi medallions could be used as collateral for a loan, to pay for a home or a college education, or to fund one’s retirement.
From at least 2004 up through 2017, the TLC took numerous actions to inflate the price of medallions and increase its profits. First, the TLC set up an artificial floor below which bids are never accepted. The city also permitted taxicab brokers and other large owners to not only “bid up” the price of medallions, but also collude on pricing.  
No later than 2011, the TLC knew that the price of a medallion had exceeded its underlying value, but failed to disclose that information to purchasers. Further, on at least 10 occasions in 2013 and 2014, the TLC published false and misleading medallion prices despite having exclusive oversight and approval over the sale of these medallions. In each instance, the TLC overstated the actual average and repeatedly made misleading statements as to the actual number of transfers.
This misinformation campaign led to highly inflated pricing, resulting in the cost of an individual taxi medallion sold at an auction increasing from $283,300 in 2004 to $965,000 in 2014 — an astronomical increase of more than 240 percent. A fleet of two corporate medallions (owned by non-drivers) surged even more at auctions between 2004 and 2014, increasing from $681,101 (or $340,550 each) to $2,420,500 ($1,210,250 each) — a 255 percent increase.
During this same period, New York City profited $810 million by selling medallions and by collecting a five-percent transfer tax on third-party transfers. More than one-third of that sum — $359 million — was made at three auctions alone conducted in a five-month period — between November 2013 and March 2014 — during which 400 newly-issued medallions were sold.
The TLC’s actions caused medallion prices to be inflated so significantly that the price for the medallions could not be supported or paid off by the income received through the operation of a taxicab at the fares regulated and set by the city itself.
In the notice of claim — required to be served to the city comptroller before legal action can commence — Attorney General James makes clear that the Office of the Attorney General intends to file a lawsuit against the City of New York if relief is not agreed to be paid within 30 days. Funds recovered will go towards restitution for medallion owners, as well as damages and disgorgement. Additionally, Attorney General James seeks injunctive relief to halt the TLC from continuing this unlawful conduct in the future.
The TLC is accused of common law fraud, unjust enrichment, and violations of both Article 23-A of the New York General Business Law and Section 63(12) of the New York Executive Law.
Individuals with additional information related to the TLC’s inflation of medallion prices should email Investor.Complaints@ag.ny.gov.

BRONX MAN SENTENCED TO SIX YEARS IN PRISON FOR BEATING EX-GIRLFRIEND, BITING HER FACE


Defendant Also Bribed Victim to Stop Her From Testifying

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to six years in prison for second-degree Assault and additional charges for savagely beating and biting the mother of his child. 

 District Attorney Clark said, “The defendant beat his ex-girlfriend--the mother of his child-- and then ferociously bit her face twice. The second bite caused a laceration from the victim’s mouth to her mid-cheek, requiring 40 stitches. The defendant bribed the victim to stop her from cooperating, but we proceeded with an evidence-based prosecution because those who commit horrendous acts of domestic violence must be held accountable.” 

 District Attorney Clark said the defendant, Koran Hilliard, 35, of 2772 Williamsbridge Road, was sentenced today to six years in prison and five years’ post-release supervision by Bronx Supreme Court Justice John Carter. The defendant was found guilty of second-degree Assault, Bribing a Witness, fourth-degree Tampering with a Witness and 29 counts of second-degree Criminal Contempt on December 18, 2019, after a bench trial.

 According to the investigation, at 3:00 a.m. on January 29, 2017 at a nightclub at 220 West 242nd Street, the defendant approached the victim, Markeha Richardson, 31, and bit her in the left cheek. The defendant continued assaulting the victim outside the club, where he pulled her hair, punched her multiple times in the face, and bit her right cheek. The defendant then forced the victim into his car and sped off, crashing into a pole a few blocks away.

 According to the investigation, Hilliard called the victim 164 times while he was in Rikers Island, in violation of six orders of protection. During the calls, the defendant offered to pay the victim for her facial plastic surgery in exchange for her not testifying against him.

 Because of the defendant’s misconduct, the victim did not cooperate in the case and refused to testify against him. The People continued the case after a Sirois hearing, during which evidence including the victim’s Grand Jury testimony was determined admissible in court.

Third Avenue Business Improvement District - Plastic Bag Ban, Harm Reduction 101 and more!



NYS Plastic Bag Ban Info Session, Weds - February 26, 2020 - 5:00pm

Learn about the NYS Plastic Bag Ban and what steps you need to take to comply with the law.
The NYS Plastic Bag Ban goes into effect on March 1, 2020. All businesses should be aware of what they need to do to comply with this new law. The New York State Bag Waste Reduction Act prohibits the distribution of plastic carryout bags by retailers in New York state.

Businesses that are not exempt from the law are required to provide paper bags to consumers. Businesses must charge a 5 cent paper bag fee per bag. SNAP and WIC recipients are exempt from this fee. Businesses must show the transaction of the paper bags clearly on receipts and shall state the number of bags provided to the customer. The paper carryout bag reduction fee must be reported and paid to the state commissioner of taxation and finance on a quarterly basis.

Learn more about this ban and what you need to do during this information session hosted by the Third Avenue Business Improvement District and NYC Department of Sanitation.
Free Registration - Click Here

Third Avenue Business Improvement District - Plastic Bag Ban, Harm Reduction 101 and more


Harm Reduction 101, Weds - February 26, 2020 - 10:00am

Harm Reduction 101 is part of the Third Avenue Public Health Certification charged w/ understanding & enhancing public health and wellness.
Harm Reduction 101 is offered as part of the Third Avenue Public Health Community Certification Program and is included in our public health is public wealth initiative. The workshop is part of a six-seminar program designed to build knowledge of community-based public health, understand prevention, harm reduction, and treatment options, and reduces stigma in our community. The program is funded in part by the New York City Council and partners with St. Ann's Corner of Harm Reduction's Good Neighbor Leadership Program and the Bronx Opioid Collective.
Harm Reduction 101 gives a high level overview of the history of harm reduction, methods and tactics, variations on forms of care, and an overview of harm reduction language.
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Council Member Ydanis Rodriguez - 4 Pedestrians Killed In 48-Hours: Calling to Declare a State of Emergency


    Once again and within a 48 hours period, we have had 4 pedestrian deaths in New York City. It breaks my heart to hear that today at around 6:45am, a 10 year old girl was hit and killed by a yellow bus making a right turn. This incident is just days after three pedestrians were struck and killed throughout the City. One of the victims, Jose Contla was killed by a hit and run driver who is yet to be found. I call again for the City to declare pedestrians and cyclists crash-related deaths as a state emergency that the City needs to resolve immediately.
 
We cannot waste any more time. DOT needs to quicken the pace at which they install speed cameras, as well as vehicle and pedestrian crossing lights. Every day we delay the process of installing safety traffic measures we could be putting someone's life at risk. I am reinforcing my call that DOT release an assessment looking into the conditions at intersections. During today's tragic death, neighbors mentioned that the area in which the incident occurred had no traffic lights. So far this year, we have seen 20 pedestrians deaths. The time to prioritize the safety of pedestrians and cyclists is long overdue. 

EDITOR'S NOTE: 

New York City Councilman Ydanis Rodriguez is so  concerned now with safety measures today, but he was appointed Chair of the Traffic and Transportation Committee in 2014, six years ago. Why has Councilman Rodriguez not been calling for safety measures especially around schools the day he was appointed Chair of the Traffic and Transportation Committee. What is different then and now you may ask? Councilman Ydanis Rodriguez is now running for a congressional seat. Not a Manhattan congressional seat since Councilman Rodriguez represents Upper Manhattan, but a South Bronx congressional seat where Councilman Rodriguez is still trying to find out East from West in the Bronx.