United States Attorneys Available To Receive Election Complaints

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Richard P. Donoghue, the United States Attorney for the Eastern District of New York, announced today that special telephone numbers have been set up to receive complaints of possible violations of federal election laws relating to tomorrow’s primary election in New York City and other counties in their districts. 

Their Offices will be available to receive complaints at the following numbers on Tuesday, June 23, 2020:

(646) 369-4739                       (for Manhattan, Bronx, Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester counties) and  

(718) 254-6790                       (for Brooklyn, Queens, Staten Island, Nassau, and Suffolk counties)

In addition, complaints of possible violations of federal election laws may be made directly to the Federal Bureau of Investigation at (212) 384-1000.

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. 

The United States Attorneys also noted that the following additional telephone numbers are available for citizens to call for routine inquiries, such as where to vote or how late the polls are open, or to register complaints that may concern violations of New York State election laws:

AG James Sues Saugerties Dump Site Owner Over Continued Environmental Violations

Owners and Operator Repeatedly Ignored Solid Waste and Water Pollution Laws, Risking Public Health and the Environment

   Attorney General Letitia James today filed a lawsuit against Joseph and Rachel Karolys for persistent and flagrant violations of New York solid waste and water pollutions laws at three separate dump sites in the Town of Saugerties. 

“New York’s environmental laws are in place for a reason: to protect public health and our natural resources,” Attorney General James said. “Mr. Karolys not only didn’t follow our laws, he repeatedly and flagrantly flouted them — ignoring the harms that his illegal conduct posed to the Town of Saugerties and Ulster County. This lawsuit sends a clear message that my office will not tolerate violations of New York’s public health and environmental laws.”

The suit charges that Joseph Karolys has repeatedly accepted and disposed of construction and demolition (C&D) debris at each of the sites, and operated the waste dumps without required state water pollution control permits and in violation of solid waste requirements. These and other violations are ongoing and have continued unabated despite prolonged efforts by the New York Department of Environmental Conservation (DEC) to resolve them.  

“DEC is aggressively taking action to protect our communities by holding polluters accountable. Illegal dumping poses a serious threat to the environment and will not be tolerated in New York state,” said New York State DEC Commissioner Basil Seggos. “I would like to recognize DEC staff for their dedicated investigative work as part of our ongoing efforts to crack down on illegal dumping across the region and thank Attorney General James and her staff for their strong partnership to bring these polluters to justice.”

In July 2016, Karolys indicated he wished to operate a solid waste management facility accepting and storing up to 1,250 cubic yards of uncontaminated soil, rock, concrete, brick, and block asphalt from Ulster and Dutchess counties. Based on his representations, the DEC issued Karolys a registration authorizing that activity.

However, follow-up inspections by the DEC identified violations of the facility’s registration, including the presence of unauthorized waste, lack of recordkeeping of wastes brought to the site, and failure to implement required measures to prevent water pollution. Analysis of samples taken from the site indicated the presence of lead, mercury, and several other chemicals. The DEC also determined that the amount of waste on-site exceeded the 1,250 cubic yard limit and — in violation of the registration’s restriction that only wastes from Ulster country could be accepted by the facility — wastes that originated in the New York City metropolitan area were being dumped at the site.   

Further, when the DEC sought compliance at this site, rather than comply, the Karolys created two additional dump sites in Saugerties, for which he never sought authorization from the DEC to operate. At one of these sites, DEC staff found approximately 40,000 cubic yards of solid waste, including rock, asphalt, coal, ash, slag, brick, concrete, and glass. Analysis of samples from the site indicated the presence of lead. At the other, approximately 15,000 cubic yards of solid waste, including rock, concrete, coal, ash, slag, brick, plaster, and glass were found and an analysis of samples indicated the presence of lead, mercury, DDT, other pesticides, and several additional chemicals. 

Despite repeated efforts by the DEC to bring the sites into compliance, to date, unauthorized solid waste remains at the three sites, requisite erosion and sediment control measures have not been implemented, and required state water pollution control permits have not been obtained for any of the sites.

The lawsuit filed by Attorney General James seeks civil penalties for violations of multiple provisions of state solid waste laws at the three sites, with maximum statutory penalties for each violation ranging from $7,500 to $22,500 and additional penalties ranging from $1,500 to $22,500 for each day each that violation has continued. The suit also seeks civil penalties of up to $37,500 per day for each violation for operating each of the three dump sites without the required state water pollution control permit. Finally, the suit asks the court to revoke Karolys’ solid waste management facility registration and order Joseph and Rachel Karolys to remove — and lawfully dispose of — all waste from the three sites. 

All three Karolys dumps are on properties adjacent to State Route 212, between the Village of Saugerties and the town center of Woodstock, and in a largely residential area. These sites are located at the foot of the Catskill Mountains and southeast of Overlook Mountain, which is one of the most visited spots in the Catskill Forest Preserve, and is just miles west of Esopus Creek and the Hudson River and north of the Ashokan Reservoir.

The lawsuit was filed in New York State Supreme Court, Ulster County.

Assisting in the investigation in this matter were investigators Mark Rudd, Clint DuMoulin, and Edward Conlan, Supervising Investigator Harry Czosnykowski, and Deputy Chief Investigator Jonathan Wood, under the supervision of First Deputy Chief John Reidy. The Investigation Division is led by Chief Oliver Pu-Folkes.

DEC investigators and staff also contributed to this investigation. Attorney General James thanks the DEC for its assistance.       

OPERATION GREEN FURY: 26 TRINITARIOS INDICTED FOR CARRYING OUT SLASHINGS, STABBINGS ON RIKERS ISLAND

Defendants are Current and Former Rikers Island Inmates 

 Bronx District Attorney Darcel D. Clark today announced that 26 alleged Trinitario gang members—who are current or former Rikers Island inmates—have been indicted for multiple slashings and other acts of violence in jail, following an investigation by the Bronx District Attorney’s Office, Homeland Security Investigations and the New York City Department of Correction’s Correction Intelligence Bureau, with assistance from the New York City Department of Investigation. 

 District Attorney Clark said, “During their time in Rikers Island, these defendants allegedly conspired and engaged in numerous slashings and stabbings that caused grievous wounds. They allegedly carried out these attacks in order to preserve and protect the power of the Trinitario gang, meting out punishment to their own members as well as rivals. We will not tolerate such brutality against incarcerated individuals and will hold people accountable even after they have left jail. We will continue to attack the pipeline of violence from Rikers Island to the streets.” 

 Peter C. Fitzhugh, Special Agent in Charge of HSI New York, said, “Transnational criminal organizations will operate without boundaries, as in this case with alleged connections to brutal violence, slashings and stabbings while incarcerated. HSI New York will continue to pursue and dismantle transnational gangs like the Trinitarios, wherever they operate. It is with the tremendous collaboration with the Bronx District Attorney’s Office, NYC DOC and DOI that this investigation took down more than two dozen members of a gang that exists only to brutalize and endanger our communities.”

 DOC Commissioner Cynthia Brann said, “We will not tolerate violence in City jails, and are doing everything possible to bring those responsible to justice. The safety and security of the people who live and work in our facilities is our top priority. Our Correction Intelligence Bureau works tirelessly to increase safety in city jails, and we are proud of their hard work in this case, which involved collaboration with fellow law enforcement partners citywide. Gang activity drives a disproportionate amount of violence on city streets and amongst those in custody, and because of the indictments announced today both communities are safer.”

 The 69-count indictment includes five counts of Attempted Gang Assault in the first degree, 14 counts of Attempted Assault in the first degree, 31 counts of second-degree Assault, two counts of Attempted Assault in the second degree, fourth and fifth-degree Conspiracy, 16 counts of third-degree Assault, and Attempted Assault in the third degree. Twelve defendants-- six of them who are inmates in Rikers Island and six who had previously been discharged from custody--were arraigned this week before Bronx Supreme Court Justice George Villegas. They are due back in court on July 9, 2020. Four defendants have not been apprehended as of yet and the remaining 10 defendants will be produced from State and Federal custody for arraignment.

 According to the investigation, dubbed “Operation Green Fury” for the gang’s color, the defendants allegedly carried out a total of 14 violent acts in the jail between September 2015 and July 2019. Half of those incidents were against rival gang members, and half against fellow Trinitarios who broke rules of the gang and who were not in good standing. Out of the 14 incidents, 12 were slashings and stabbings. Some victims suffered deep lacerations, and one lost a vast amount of blood. The defendants allegedly conspired through various forms of communication, including phone calls and letters, and by using coded language.

 According to the indictment, on September 15, 2017, Jovier de la Cruz, 26, Pedro Valera, 28, and Rafael Perez, 26, all alleged Trinitarios, entered the cell of Joseph Feliciano, an alleged Trinitario in bad standing, and slashed him in the face with a sharp object. On November 16, 2017, Jesus Matos, 22, Kevin Cabrera, 26, Darlin Feliz, 32, and Victor Capellan, 27, allegedly slashed Shawn Stevens, an alleged member of a rival gang, twice in the face and once in the arm.

 According to the investigation, Jesus Zapata, 30, was the alleged leader of the Trinitario gang on Rikers Island from 2017 to 2018, and Hector Hernandez, 25, allegedly took command between 2018 to 2019. As alleged in the indictment, they ordered an attack against Steven Ayala, an alleged Trinitario gang member, and on April 10, 2018, Valera slashed Ayala in the face and back. About a month later, Hernandez allegedly slashed Michael Franco, an alleged member of a rival gang, in the face.

 According to the indictment, on October 8, 2018, Francisco Nunez, 22, and Paul Corporan, 21, slashed alleged rival gang members Tyreek Covington in the arm, back and neck, and Deontay Boyd in the face. On July 28, 2019, Ernie Garcia, 22, Diogenes Hernandez, 19, Jerry Polanco, 21, Ariel Tavarez, 22, John Polanco, 21, and Jose Paniagua, 19, allegedly slashed Julian Diaz in the arm. On December 16, 2018, Jeremy Bello, 29, and Jonathan Davila, 21, allegedly slashed Carlos Capellan, an alleged Trinitario who was in bad standing, in the face.

 District Attorney Clark also thanked DOC CIB Investigators Charles Acosta, Richard Troche, Jose Romero, and Scott Frank; and HSI Special Agents Tara Mulkearns and Luis Diaz; and DOI Chief Investigator Enio Bencosme.

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

Defendants: 

1. Jesus Zapata, AKA Jeezy, AKA Jeezy Hendrix, 30, Manhattan 

2. Hector Hernandez, 25, NYS DOCCS 

3. Jesus Matos AKA Savage, 22, NYS DOCCS 

4. Pedro Valero, AKA Cuzzo, AKA, Montro, AKA Monstro, 28, NYC DOC 

5. Francisco Nunez, AKA Buenon, AKA Buenom, AKA Buenon Pretty, AKA Sesenta, 22, NYC DOC Custody 

6. Jeremy Bello, AKA Pistola, AKA Pitola, AKA Coro, 29, NYS DOCCS 

7. Brayan Lloret, AKA Brayon Lloret, AKA E.T., 22, Manhattan 

8. Daniel Hernandez, AKA Twitch, AKA Rico, 19, NYS DOCCS 

9. Jonathan Davila, AKA Jonathan Davilla, AKA J.O., AKA J.O. Baller, 21, NYC DOC 

10.Victor Capellan, AKA Tecato, 27, NYC DOC 

11.Paul Corporan, AKA Grande, AKA El Cata, 21, NYC DOC 

12.Marcos Espinal, AKA Ito, 23, NYS DOCCS 

13.Darlin Feliz, AKA D-Block, 32, NYS DOCCS 

14.Leonardo DelaCruz, AKA Peetie Po, 21, Bronx 

15.Antonio Mora, AKA Chucky, 27, Federal Custody 

16.Braian Chu, AKA Briann Chu, AKA Braian Berrea, AKA Brian Berrea, AKA Chino, 21, Bronx 17.Dennis Miller, AKA Menace, 26, Queens 

18.Jovier DelaCruz, 26, NYS DOCCS 

19.Kelvin Cabrera, AKA Kevin Cabrera, 26, Bronx 

20.Rafael Perez, AKA Haivita, 26, NYS DOCCS 

21.Ariel Tavarez, 22, Queens 

22.Ernie Garcia, 22, Manhattan 

23.Diogenes Hernandez, AKA J.J., 19, Bronx 

24.Jerry Polanco, 21, Brooklyn 

25.Jose Panigua, AKA Bad Bunny, 19, NYC DOC 

26.John Polanco, 21, Manhattan

BRONX MOTHER SENTENCED IN MURDER-FOR-HIRE PLOT

Enlisted Undercover Cop to Kill Man to Keep Him from Testifying Against Her Son, Who Allegedly Shot Him 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx mother has been sentenced to prison for hiring a hitman to kill a man to keep him from testifying against her son, who is charged in the non-fatal shooting of the man two months earlier. 

 District Attorney Clark said, “The defendant, a Bronx mother whose son allegedly shot a man, hired a hitman to finish the job. She paid $1,000 to the supposed hitman, who was actually an undercover detective. The defendant will now go to prison for trying to end someone’s life and for trying to subvert the criminal justice system.” 

 District Attorney Clark said the defendant, Annette Spann, 45, of 1010 East 178 Street, was sentenced today to two and one-third years to seven years in prison by Bronx Supreme Court Justice Robert Neary, via video. The defendant pleaded guilty to second-degree Conspiracy on May 26, 2020. 

 According to the investigation, on the night of November 14, 2019, Spann met with an undercover detective who she believed was a hitman. Spann is seen on video counting money and paying the detective $1,000 for the hit job. Spann provided specific information about the intended victim’s whereabouts and associates. Spann was arrested on November 22, 2019. Her son, Candido Lizarro, AKA Candido Lizarra, 26, was arrested on December 11, 2019 in Florida for allegedly shooting the victim on September 2, 2019 and was extradited to the Bronx. The case against him is pending.

 District Attorney Clark thanked Vladimir Kocheulov, Chief of the Crime Strategies Bureau, and Analysts of the Crime Strategies Bureau for their assistance in the case. District Attorney Clark also thanked Detective Ravi Narayan of the NYPD Firearms Suppression Division, Detective Victor Cardona of the NYPD Intelligence Bureau, Detective Randy Kyrk of the NYPD Bronx Warrant Squad and Detective Andrew Nash of the 48th Precinct.

How Did It go On Primary Day?

  There are still tens of thousand absentee ballots that have to be counted in the Bronx. As long as the envelope is postmarked June 23, 2020 the ballot must count. There were close to 70,000 Absentee ballots requested in the Bronx and over 700,000 citywide. There was a claim that the Board of Elections didn't have enough envelopes for all the requested absentee ballots, and another that not all were sent out on time. At the time of the petition hearings, there were claims that candidates received notices of hearings after the hearings. The answer from the Chief Law Clerk to candidates was that the BOE can not be held responsible if the USPS can not deliver the mail on time. Let's see what happens here.

That said Congratulations to New 15th District Congressman Ritchie Torres who leads by over four thousand votes, and to the Bronx Democratic County organization. If you thought Councilman Ruben Diaz was the county candidate you were wrong. I like many others thought that until I saw the Torres FEC Pre-Primary filing. As for the three now two incumbents money talked in the 14th District. Incumbent AOC had over ten million dollars and even after the absentee ballots are counted, AOC should be close to the election day seventy-two percent mark. In the 13th District, Adriano Espaillat was not as fortunate getting less than sixty percent of the vote against two unknowns. The third incumbent in the 16th District, Eliot Engel is trailing by well over seven thousand votes which should be impossible to beat New Congressman Jamaal Bowman. 

32nd State Senate District, incumbent Luis Sepulveda holds a lead of over three thousand votes, which should hold up after the absentee ballots are counted.

79th Assembly District, this was an open seat due to soon to be former Assemblyman Michael Blake's decision to run for congress. Here Chantel Jackson leads by two-hundred and forty votes over county backed female District Leader Cynthia Cox. Ruben Diaz backed George Alvarez is short of five-hundred votes behind Cox, and the voters weren't as forgiving to forth place finisher Eric Stevenson who will not return to his old seat. Two others finished behind him. There is well over one-thousand absentee votes that were cast in this assembly district, and the question is, can Cynthia Cox get enough of them to beat Chantel Jackson.

In the last race I had mentioned was worth watching, there will be two new district leaders in the 80th A.D. Former Male District Leader Marcos Sierra has regained his position with a lead of four-hundred and fifty votes over soon to be former male District Leader John Zaccaro Jr.. In the open Female District leader race the winner with a lead of well over one-thousand votes is Irene Estrada.

I left out the 78th A.D. where Assemblyman Jose Rivera demolished his opponent, but his votes did not drop down to his running mates. Female District Leader candidate Jasmin Clavasquin-Cruz trails Maria Gonzalez by over seven-hundred votes, while incumbent Male State Committeeman Oswald Feliz trails Emmanuel Martinez by over three-hundred and fifty votes.

The figures stated come from the New York City Board of Elections unofficial election night results. The results will not be official until all absentee, military, and affidavit votes are counted which may take two weeks or more due to the sheer volume of the ballots to be counted by hand. Any ballot can also be challenged in court as to alleged fraud which the Board of Elections does not rule on.

MAYOR DE BLASIO ANNOUNCES PLAN TO REOPEN RECREATIONAL AREAS AND DOG RUNS DURING PHASE 3

New York City is on track to enter Phase 3 on July 6th

  Mayor Bill de Blasio today announced plans to reopen recreational amenities and outdoor courts in City parks. Once the City enters Phase 3 of reopening, New Yorkers will be able to enjoy soccer fields and basketball, tennis, volleyball, bocce, and handball courts. The City will also reopen dog runs for public use. 

“Our city faced one of the greatest challenges in its history, and because of your hard work, we are pushing through. Soon, New Yorkers will be able to enjoy even more outdoor activities,” said Mayor Bill de Blasio.

“Our parks are hubs for active recreation and we’re excited to welcome all New Yorkers, both human and canine alike, back onto sports courts and dog runs for another safe and fun summer,” said NYC Parks Commissioner Mitchell J. Silver, FAICP. “We’re committed to maintaining safe greenspaces for all to enjoy and encourage visitors to wear a face covering, frequently sanitize their hands, and maintain distance between each other while out in parks.” 

Participants in higher risk sports including basketball should only partake in individual or distanced group training. To support social distancing, Parks Ambassadors will continue staffing parks and playgrounds, handing out masks and educating patrons about maintaining safe distancing. 

Playgrounds re-opened on June 22nd and NYC Parks continues to re-open skate parks and outdoor fitness equipment. Beaches will open for swimming on July 1st. 

While enjoying these amenities, New Yorkers should maintain social distancing, wear face coverings, and wash their hands frequently. New York City is expected to reach Phase 3 on July 6th.

Ritchie Torres - Thank you

Team, I’m writing to you today incredibly humbled. While I’m not ready to declare victory just yet — there are still thousands of absentee ballots yet to be counted — what’s clear is that our progressive movement sent an unmistakable message Tuesday night. While we wait for every vote to be counted, here’s what I can say: This doesn’t end with winning an election. It’s governing that matters. I’m fighting to deliver results to the people of the South Bronx, and should the final results have me as the ultimate winner, it will be the honor of my life to represent this borough in Congress. I want to thank you, everyone. This grassroots team has been the lifeblood of our campaign. Your support over the past year and change has made historic progress possible. Thank you for contributing your hard-earned money, for volunteering your time and energy, and for reading our emails to stay up-to-date. This campaign is yours, and hopefully I’ve made you proud. I also want to thank my mother. My drive to be the best public servant I can be is rooted in the values she instilled in me at a young age. Without her, I wouldn’t be who I am today. The South Bronx is full of mothers like mine — who have suffered, struggled, and sacrificed, all so her baby boy can have a better life than she did. The opportunity to represent and fight for her and other strong mothers across this borough is the culmination of her dream. I can’t wait for what comes next. Thank you for everything, team! Onward, Ritchie