18 Members Of The “Untouchable Gorilla Stone Nation” Gang Charged With Racketeering, Murder, Narcotics, Firearms, And Fraud Offenses

 

Brandon Soto, a/k/a “Stacks,” Is Charged in Connection With the Murder of a Minor in Poughkeepsie, New York, On September 21, 2020

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, William V. Grady, Dutchess County District Attorney, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Thomas Pape, Chief of the City of Poughkeepsie Police Department (“CPPD”), Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), Don Halmy, Chief of the Peekskill Police Department (“PPD”), Thomas Gleason, Commissioner of the Westchester County Department of Public Safety (“WCDPS”), and Anthony J. Annuci, Acting Commissioner of the New York State Department of Corrections and Community Supervision (“DOCCS”), announced the unsealing of a 16-Count Indictment charging 18 members of the Untouchable Gorilla Stone Nation Gang (“Gorilla Stone”) with committing various racketeering, murder, narcotics, firearms, and fraud offenses.  BRANDON SOTO, a/k/a “Stacks,” is charged in connection with the September 21, 2020, murder of a minor in Poughkeepsie.  The case is assigned to U.S. District Judge Philip M. Halpern.

Acting U.S. Attorney Audrey Strauss said:  “As alleged in the Indictment, members of Gorilla Stone committed terrible acts of violence, trafficked in narcotics, and even engaged in brazen fraud by exploiting benefits programs meant to provide assistance in response to the COVID-19 pandemic.  Because of that, communities across the Southern District – from Poughkeepsie to Peekskill to New York City – suffered.  Most shocking, as alleged in the indictment, a minor was murdered in furtherance of the gang’s activities.  Because of the extraordinary work of our law enforcement partners, the defendants now face federal charges for their crimes.”

FBI Assistant Director William F. Sweeney Jr. said:  “As the indictment alleges, the violence and drug activity committed by these gang members threatened the safety of our communities and placed innocent lives at risk.  Their unabashed criminal behavior, as alleged, included the murder of a 15 year-old and even extended to defrauding programs meant for people suffering economic hardship due to the pandemic.  But thanks to the partnership and hard work of all law enforcement agencies involved in this investigation, we were able to stop this violent criminal organization – and show that Gorilla Stone is actually not ‘untouchable.’”

NYPD Commissioner Dermot Shea said:  “These arrests demonstrate the NYPD’s relentless pursuit of the few individuals who drive violence and disorder in New York City.  I commend the NYPD investigators and the many law enforcement agencies involved in this investigation whose hard work resulted in these arrests.  Murder, robberies, narcotics trafficking, and other associated gang behavior will never be tolerated by the people we serve.”

Peekskill Police Chief Don Halmy said:  “While it’s clear that the alleged actions of these individuals had a negative impact on the quality of life in Peekskill, it’s also obvious that the extent of their alleged criminal enterprise was much further reaching.  Through this joint operation, utilizing Federal, County and local law enforcement agencies, communities both large and small will benefit from the arrest of those allegedly responsible for the distribution of illegal narcotics as well as the commission of violent felonies.  We thank all those involved in bringing this to such a successful conclusion."

Westchester County Department of Public Safety Commissioner Thomas Gleason said:  “Today’s arrests put a halt to an alleged criminal enterprise involved in drug trafficking, gang-related violence and other crimes in Westchester and the Hudson Valley.  Our streets are indeed safer thanks to the great work of the Westchester Safe Streets Task Force and all of the partner agencies that contributed to the success of this complex investigation.”

DOCCS Acting Commissioner Anthony J. Annuci said:  “DOCCS has zero tolerance for any criminal activity involving incarcerated individuals in its custody and within our facilities. These arrests highlight the successful investigation that the Department fully assisted with in the pursuit of justice.”

Dutchess County Chief Assistant District Attorney Matthew A. Weishaupt said:  “Gorilla Stone Nation, as alleged below, was involved in widespread crimes of violence which erodes the infrastructure and quality of life in our community.  Our office will continue to collaborate with our Federal, State, County and Local partners to eradicate the crime drivers that fuel gang violence.  This effort will enhance the safety and quality of life in our community.  We extend our thanks to the outstanding job of all the law enforcement agencies involved and special thanks to the City of Poughkeepsie Police Department, Hudson Valley Safe Streets Task Force, and Bureau Chief Sara Thompson of our office.”

City of Poughkeepsie Chief of Police Thomas Pape said:  “I would like to thank our partners at the Federal, State and Local levels of law enforcement for the unwavering assistance and dedication to their sworn duties.  These partnerships are proof that collaborations with agencies at all levels of law enforcement work to bring those responsible for the heinous murder of a 15-year-old on our City streets to justice.”

As alleged in the Indictment unsealed today in White Plains federal court[1]:

DWIGHT REID, a/k/a “Dick Wolf,” CHRISTOPHER ERSKINE, a/k/a “Beagle,” WALTER LUSTER, a/k/a “Shells,” DESHAWN THOMAS, a/k/a “Don,” NAYA AUSTIN, a/k/a “Baby,” BRANDON NIEVES, a/k/a “Untouchable Dot,” AHMED WALKER, a/k/a “Ammo,” CASWELL SENIOR, a/k/a “Casanova,” BRANDON SOTO, a/k/a “Stacks,” DEZON WASHINGTON, a/k/a “Blakk,” ROBERT WOODS, a/k/a “Blakk Rob,” STEPHEN HUGH, a/k/a “Chino,” JORDAN INGRAM, a/k/a “Flow,” SHANAY OUTLAW, a/k/a “Easy,” ISAIAH SANTOS, a/k/a “Zay,” ROBERTA SLIGH, a/k/a “Trouble,” and BRINAE THORNTON, a/k/a “Luxury,” are members of a racketeering conspiracy known as Gorilla Stone. 

On September 21, 2020, BRANDON SOTO, to further the Gorilla Stone enterprise, participated in and facilitated the murder of a minor victim, and aided and abetted the same, in Poughkeepsie, New York.

On July 20, 2020, STEPHEN HUGH shot at rival gang members in New Rochelle.  HUGH shot at rival gang members to maintain and increase his position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.

On June 12, 2020, NAYA AUSTIN, DEZON WASHINGTON, and JORDAN INGRAM committed a gunpoint robbery of a rival drug dealer in Peekskill, New York.  AUSTIN, WASHINGTON, and INGRAM committed the robbery in order to maintain or increase their position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.

On August 28, 2018, BRINAE THORNTON shot at a rival gang member in Brooklyn, New York, and aided and abetted the same.  THORNTON shot at the rival gang member to maintain and increase her position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.

On January 12, 2018, ROBERT WOODS maimed and assaulted an individual with a dangerous weapon, and aided and abetted the same, by slashing the individual in the face.  WOODS slashed the individual in part to maintain and increase his position in the Gorilla Stone racketeering enterprise operating in the Southern District of New York.

In August 2020, NAYA AUSTIN and SHANAY OUTLAW, without lawful authority, knowingly used the identification of others to file fraudulent applications for COVID-19-related unemployment benefits, and aided and abetted the same.   

Seventeen of the 18 defendants are in custody.

Charts containing the names, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force – which comprises agents and detectives from the FBI, Yonkers Police Department, Westchester County District Attorney’s Office, WCDPS, PPD, Putnam County Sheriff, Mount Vernon Police Department, NYPD, Greenburgh Police Department, New Rochelle Police Department, Ramapo Police Department, and U.S. Probation – as well as the outstanding investigative work of the CPPD and DOCCS, Office of Special Investigations.  Ms. Strauss also thanked the FBI’s Hudson Valley Safe Streets Task Force, the FBI’s Newark, Albany, and Tampa Divisions, the New York City Department of Correction, Correction Intelligence Bureau, and the New York State Department of Labor for their assistance in the investigation.           

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

COUNT	DEFENDANT(S)	MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering (18 U.S.C. § 1962(d))	DWIGHT REID  CHRISTOPHER ERSKINE  WALTER LUSTER  DESHAWN THOMAS  NAYA AUSTIN  BRANDON NIEVES  AHMED WALKER  CASWELL SENIOR  BRANDON SOTO        DEZON WASHINGTON  ROBERT WOODS  STEPHEN HUGH  JORDAN INGRAM  SHANAY OUTLAW  ISAIAH SANTOS  ROBERTA SLIGH  BRINAE THORNTON	Life in prison as to all defendants except OUTLAW, for whom the maximum term is 20 years in prison
Count Two:  Travel Act Murder  (18 U.S.C. §§ 1952 and 2)	BRANDON SOTO	Life in prison
Count Three: Attempted Murder and Attempted Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(5), (a)(6), and 2)	STEPHEN HUGH	10 years in prison
Count Four:  Possession and Discharge of a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)	STEPHEN HUGH	Life in prison; Mandatory minimum of 10 years in prison to run consecutively to any other sentence imposed
Count Five: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)	NAYA AUSTIN  DEZON WASHINGTON  JORDAN INGRAM	20 years in prison
Count Six: Possession and Brandish of a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), and 2)	NAYA AUSTIN  DEZON WASHINGTON  JORDAN INGRAM	Life in prison; Mandatory minimum of 7 years in prison to run consecutively to any other sentence imposed
Count Seven: Attempted Murder and Attempted Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(5), (a)(6), and 2)	BRINAE THORNTON	10 years in prison
Count Eight: Possession and Discharge of a Firearm in Furtherance of a Crime of Violence (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)	BRINAE THORNTON	Life in prison; Mandatory minimum of 10 years in prison to run consecutively to any other sentence imposed
Count Nine: Maiming and Assault in Aid of Racketeering (18 U.S.C. §§ 1959(a)(2), (a)(3), and 2)	ROBERT WOODS	30 years in prison
Count Ten: Possession with Intent to Distribute Crack Cocaine (21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2)	NAYA AUSTIN	40 years in prison; Mandatory minimum of 5 years in prison
Count Eleven: Possession with Intent to Distribute Crack Cocaine (21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2)	CHRISTOPHER ERSKINE  NAYA AUSTIN  JORDAN INGRAM	40 years in prison; Mandatory minimum of 5 years in prison
Count Twelve: Possession with Intent to Distribute Crack Cocaine (21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2)	BRANDON SOTO	40 years in prison; Mandatory minimum of 5 years in prison
Count Thirteen: Conspiracy to Distribute Controlled Substances (21 U.S.C. § 846)	DWIGHT REID  CHRISTOPHER ERSKINE  WALTER LUSTER  DESHAWN THOMAS  NAYA AUSTIN  BRANDON NIEVES  AHMED WALKER  CASWELL SENIOR  BRANDON SOTO  DEZON WASHINGTON  ROBERT WOODS  STEPHEN HUGH  JORDAN INGRAM  ISAIAH SANTOS  ROBERTA SLIGH  BRINAE THORNTON  JAMAL TRENT	Life in prison; Mandatory minimum of 10 years in prison
Count Fourteen: Possession of a Firearm in Furtherance of a Drug Trafficking Crime (18 U.S.C. §§ 924(c)(1)(A)(i) and 2)	DWIGHT REID  CHRISTOPHER ERSKINE  WALTER LUSTER  DESHAWN THOMAS  NAYA AUSTIN  BRANDON NIEVES  AHMED WALKER  CASWELL SENIOR  BRANDON SOTO  DEZON WASHINGTON  ROBERT WOODS  STEPHEN HUGH  JORDAN INGRAM  ROBERTA SLIGH  BRINAE THORNTON	Life in prison; Mandatory minimum of 5 years in prison to run consecutively to any other sentence imposed
Count Fifteen: Possession and Brandish of a Firearm in Furtherance of a Drug Trafficking Crime (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), and 2)	ISAIAH SANTOS	Life in prison; Mandatory minimum of 7 years in prison to run consecutively to any other sentence imposed
Count Sixteen: Aggravated Identity Theft (18 U.S.C. §§ 1028A(a)(1), 1028(b) and 2)	NAYA AUSTIN  SHANAY OUTLAW	20 years in prison;  Mandatory minimum of two years in prison

 

[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.

Recording Artist Kintea McKenzie Sentenced To 4½ Years In Prison In Connection With 2018 Shooting In Times Square

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that KINTEA MCKENZIE, a/k/a “Kooda B,” was sentenced to 54 months in prison in connection with a shooting outside a hotel in Times Square on June 2, 2018, in furtherance of the Nine Trey Gangsta Bloods (“Nine Trey”) criminal enterprise.  MCKENZIE pled guilty on June 3, 2019, before U.S. District Judge Paul A. Engelmayer, who imposed today’s sentence.

Acting U.S. Attorney Audrey Strauss said:  “Kintea McKenzie helped to orchestrate a brazen shooting in Times Square.  Now, thanks to the outstanding work of our partners at the NYPD, HSI, and ATF, McKenzie will spend 54 months in federal prison.”

As alleged in the Indictment and statements made in open court:

Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn.  Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business.  On or about June 2, 2018, MCKENZIE agreed to accept money from Daniel Hernandez, a/k/a “Tekashi 6ix 9ine,” to shoot at a rival gang member and rapper who was staying at a hotel in Times Square.   MCKENZIE helped to organize the shooting in order to scare that rival gang member. 

In addition to the prison term, MCKENZIE, 22, of Brooklyn, New York, was sentenced to three years of supervised release. 

Ms. Strauss praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Ms. Strauss also praised the New York City Department of Correction, Correction Intelligence Bureau, and the New York County District Attorney’s Office for their assistance in the investigation.

MAYOR DE BLASIO LAUNCHES EMPLOYEE OWNERSHIP NYC, NATION’S LARGEST MUNICIPAL INITIATIVE TO SUPPORT EMPLOYEE OWNERSHIP CONVERSION

 

Mayor Bill de Blasio, in concert with the Taskforce on Racial Inclusion and Equity, the Department of Small Business Services (SBS), and the Mayor’s Office of Minority and Women-Owned Businesses Enterprises (M/WBE), today announced the launch of Employee Ownership NYC, the nation’s largest municipal initiative for education and technical assistance around employee ownership and conversion. Business owners taking full advantage of the program can access services worth $10,000 or more in the private sector, all while building sustainable business models that offer true wealth-building opportunities for their workers.

 

“Enabling workers to buy their businesses is a proven model to address the wealth gap in this city – and it will be a transformative approach for businesses looking for creative ways to recover from the challenges posed by COVID-19,” said Mayor Bill de Blasio. “This approach helps anchor small businesses in the communities they serve, and I’m excited to see workers take a greater leadership role in their companies.”

 

“To promote small business ownership, we must do more than open doors of opportunity in New York City, especially in underserved communities,” said First Lady Chirlane McCray. “This new program will address the key challenges of sustaining a small business with education, training and high level supports. Removing the obstacles to entrepreneurship for people of color will move the city forward in the recovery, while preserving the culture and personal connections small businesses nurture in our neighborhoods.”

 

“Employee-ownership is a powerful and longstanding strategy for bolstering business resiliency, preserving jobs, generating wealth, and cultivating a sense of ownership amongst working people, especially employees of color, in their workplace and in this nation,” said Deputy Mayor for Strategic Policy Initiatives J. Philip Thompson. “I’m excited the City will support owners to sell their businesses to their employees towards advancing an equitable recovery and closing the racial wealth gap." 

 

Employee Ownership NYC offers businesses and workers support in adopting this compelling business model. The launch of a rapid response hotline, Owner to Owners, will ensure that more businesses access these services. The service is available at www.Owner2Owners.NYC or at 646-363-6592 and offered in ten languages: English, Spanish, Chinese-Mandarin, Russian, Haitian Creole, Korean, Vietnamese, Urdu, Bengali, and Arabic.

 

Employee owned firms are better for communities, employees, and businesses themselves. Research shows that since the onset of COVID-19, majority employee-owned firms have retained four times more jobs than their non-employee owned counterparts and are better equipped to manage uncertainties and risks associated with economic downturns. Selling all or part of the business to their employees can help business owners keep their doors open and increase financial security. Although 90 percent of business owners plan to use liquidity from their businesses to fund retirement, 85 percent of business owners do not have a succession plan and 70-80 percent of businesses put onto the market do not sell.

 

Employee owned companies provide more opportunities for workers to build wealth, particularly workers of color. Workers at employee owned companies are seven times less likely to be laid off than their counterparts. And workers of color at employee owned companies also have 79 percent higher median household net worth and 30 percent higher median income from wages than their counterparts.

 

“Innovation, collaboration, and adaptability are key when envisioning how small businesses will recover from the challenges posed by COVID-19. The launch of the Employee Ownership program ​is a powerful way to assist business owners in selling their business to their employees, giving workers a personal stake in helping the business succeed,” said Jonnel Doris, Commissioner of the NYC Department Small Business Services. “SBS is ready and here to help business owners transition to this model to ensure that they preserve their legacy and keep jobs in their community.”

 

“Ownership is a crucial component of addressing the racial wealth gap. With today’s announcement, the City is taking a bold step to support entrepreneurs looking to sell their business to convert to an employee-ownership model,” said Sideya Sherman, Executive Director of the Taskforce on Racial Inclusion and Equity. “Owner to Owners will ensure business continuity while saving jobs and offering employees a real opportunity to build assets and control their financial future.”

 

Four community-based organizations – the Democracy at Work Institute, The Working World, the ICA Group, and the Business Outreach Center Network – will offer expert support for business owners considering and implementing the transition to employee ownership. The program is expected to reach at least 20,000 businesses.

 

Specific services offered to interested businesses will include:

• Initial consultation and Eligibility Assessment
• Succession planning, including estimate of business value
• Business Readiness Assessment
• Access to capital, depending on eligibility
• Guidance through sale process
• Training and education for founders, managers, and staff to support successful ownership transition.

 

This builds-on the foundations laid by City Council through the Worker Cooperative Business Development Initiative (WCBDI), a program administered by Small Business Services (SBS).

 

“At this critical moment, alternative business structures and solutions for sustainability offer the real chance to support wealth-building for underserved New Yorkers and support community economies. Business Outreach Center Network and BOC Capital CDFI are committed to this collaborative effort that promises to advance inclusive business development in NYC,” said Nancy Carin, Executive Director of The Business Outreach Center (BOC) Network.

 

Service Providers Background:

• The Business Outreach Center (BOC) Network is a micro-enterprise/small business development organization focused on inclusive business development. BOC delivers customized business services to under-served entrepreneurs in the New York City metropolitan area as well as capacity-building services to organizations establishing and operating community and micro-enterprise development programs. 
• The ICA Group is a leading expert on employee ownership and the oldest national organization dedicated to the development of worker cooperatives. ICA's Keep the Doors Open Business Resilience Program helps business owners preserve their retirement savings, legacy, and local jobs by determining whether selling all or part of the business to their employees is right for them. The ICA Group administers the Fund for Jobs Worth Owning, which provides investment capital and gap financing for businesses transitioning to employee ownership.
• The Working World a leading partner for business owners interested in selling their company to their employees, with over 15 years of experience providing the technical assistance and financial capital needed to ensure a smooth transition to employee-ownership. As a certified Community Development Financial Institution, The Working World has invested millions of dollars in employee-owned businesses and conversions. The Working World is part of the Mayor’s Equitable Industrial Development (EqID) Initiative.
• The Democracy at Work Institute (DAWI) works to expand the worker cooperative model to reach communities most directly affected by social and economic inequality, specifically people of color, recent immigrants, and low-wage workforces. DAWI is a movement-based think-and-do tank supporting worker cooperatives to grow to a scale that creates meaningful change in the economy through research, innovation, and education.

District Leader Lanita Jones Toy Giveaway

 

Three Defendants Charged In Connection With Bronx Home Invasion Shooting And Robbery

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, John B. DeVito, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced charges against SHAWN GARCIA, a/k/a “Ralph Porter,” OSCAR RIOS, a/k/a “Oski,” and SUTHA TAYLOR, a/k/a “Sutha Colon,” (collectively, the “defendants”), in connection with their participation in an August 29, 2020 armed home invasion robbery in the Bronx, New York.  GARCIA and TAYLOR were arrested earlier this morning and will be presented in Manhattan federal court later today before U.S. Magistrate Judge Katharine H. Parker.  RIOS remains at large.

Acting U.S. Attorney Audrey Strauss stated:  “Oscar Rios and his co-defendants allegedly planned and executed a violent robbery, during which one victim was shot and another had her head covered with a garment while the alleged perpetrators coerced her to divulge the location of the other victim’s cash.  The three ultimately absconded with a safe containing cash, a cell phone, and marijuana. I thank the ATF and NYPD for their assistance in bringing these alleged brazen and reckless actors to justice."           

According to the allegations in the Complaint charging GARCIA, RIOS, and TAYLOR, unsealed today in Manhattan federal court:[1]

On or about August 29, 2020, the defendants participated in an armed home invasion robbery of an apartment in the Bronx, New York.  Shortly before the robbery took place, defendant OSCAR RIOS, a/k/a “Oski,” coordinated with certain other co-conspirators (referred to in the Complaint as “CC-1” and “CC-2”) to cause a resident of the Apartment (“Victim-1”) to leave the Apartment, under the guise that CC-1 wanted to buy liquor from Victim-1.  Once RIOS learned from CC-2 that Victim-1 was about to exit the Apartment, RIOS informed defendants SHAWN GARCIA, a/k/a “Ralph Porter,” and SUTHA TAYLOR, a/k/a “Sutha Colon,” via text message.

When Victim-1 opened the door to the Apartment, GARCIA, TAYLOR, and a third co-conspirator (“CC-3”) ran into the Apartment and physically assaulted Victim-1, including by striking Victim-1 in the head several times with at least one firearm.  While the assault on Victim-1 was in progress, another resident of the Apartment (“Victim-2”) was thrown into the bathroom and ordered to remain there.  Victim-1 was then shot one time.  After the shooting, one of the robbers placed a dark garment over Victim-2’s head and demanded to know where Victim-1 kept his safe, which contained proceeds from Victim-1’s marijuana sales.  Meanwhile, RIOS, who had gone to a nearby building, texted GARCIA and TAYLOR to inform them that area was clear for them to flee.  GARCIA, TAYLOR, and CC-3 then fled the Apartment, stealing the safe with cash proceeds from Victim-1’s marijuana sales, as well as other items found in the Apartment, including cash proceeds from Victim-1’s liquor sales, Victim-1’s cellphone, and marijuana belonging to Victim-1.

As a result of the assault and shooting, Victim-1 was hospitalized for several days.  

GARCIA, RIOS, and TAYLOR are each charged with one count of conspiracy to commit Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951, which carries a maximum sentence of 20 years in prison; and one count of substantive Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951, which carries a maximum sentence of 20 years in prison.  GARCIA and TAYLOR are also each charged with one count of carrying and discharging a firearm during and in relation to a crime of violence, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison.

Ms. Strauss praised the outstanding investigative work of the ATF and NYPD, in particular, the Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force, which comprises agents and officers of the ATF and the NYPD.  

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 herein, constitute only allegations, and every fact described should be treated as an allegation.

Mayor de Blasio Holds Limited Media Availability

 

When there were in person press conferences by Mayor de Blasio he took questions from all reporters before taking a second question from the same reporter. 

Now with his virtual media availability only eight reporters get to ask the mayor a question, and they are allowed to ask two questions so the mayor does not have to answer any more reporters questions.

Today I called into the Mayor's Press office to ask why I have not been called on in almost three weeks. The response I received was "What questions do you want to ask the mayor"?

Here is what the mayor said today, which comes directly from the mayors press office. Note the COCID-19 indicators at the end is 5.72% or 4,14% depending how the numbers are read.

Mayor Bill de Blasio: Good morning, everybody. As we continue the fight against the coronavirus, we take a moment today to reflect today is World AIDS Day. We reflect on the decades – the decades-long fight of the AIDS pandemic. We reflect and we mourn those we lost. So many New Yorkers lost someone dear to them to HIV and AIDS. We reflect on the fight, the amazing struggle, the activism, the grassroots voices that stood up and said government has to do more. And we reflect upon the extraordinary efforts of our health care leadership, all those trailblazers and innovators who found new approaches to keep people alive and keep them safe. And we've come a long way, and it's a reminder of our ability to fight back even against extraordinarily difficult odds. And no place felt that more in the AIDS crisis than this city, but let's also appreciate how far we have come back and that we can now talk about ending the epidemic once and for all. 

 

So, today, it is a reminder of the crucial role our public health leadership plays in protecting us, hearing those voices of the people and finding solutions and approaches that will really help to guide people, to educate them, to give them the tools to protect themselves. And we have throughout the coronavirus crisis turned to our public health leadership for guidance, for strategies, even though for all of us, including the most learned medical professionals, we're all dealing in many ways with the great unknown when it comes to the coronavirus. Nonetheless, our health care leadership has helped us find solutions and a way forward.  

 

So, today, we're going to talk about the moment we're in now, and it's a challenging moment. We are fighting with everything we've got against this second wave bearing down on us. But we have the tools to fight back in so many ways. And we particularly have to remember what we learned in the spring about who is most vulnerable and the special precautions that need to be taken when it comes to our seniors and folks with pre-existing conditions. So, we today are going to make very clear that new measures need to be taken to protect those who are most vulnerable. And our health commissioner will be issuing a public health notice to make clear the standards that we have to hold as the second wave bears down on us. Here to tell you about it, New York City's doctor, our Health Commissioner Dr. Dave Chokshi. 

 

Commissioner Dave Chokshi, Department of Health and Mental Hygiene: Thank you very much, Mr. Mayor. And what you described is indeed what we're seeing, a marked increase in cases as well as hospitalizations due to COVID-19. This escalation unfortunately follows a tragically familiar pattern, cases grow, hospitalizations follow, and, sadly, too many result in critical illness or even death. Hospitals have reported more than 1,100 COVID patients. That's twice as many as were hospitalized less than three weeks ago and the highest number since early June. Every one of those hospitalizations represents a person, fighting to recover, a livelihood interrupted, and a household distraught. I know this because I've seen it with my own eyes. I remember the concern that I felt for my own primary care patients earlier this year, particularly those who are more susceptible to severe illness. I think about my young Dominican patient with type one diabetes and my older Bangladeshi patient with emphysema. And I know that some people face a much greater risk for severe illness from COVID-19. This includes people who are older or have underlying health conditions like cancer, heart disease, weakened immunity, obesity, sickle cell disease, diabetes, and others. These factors greatly increase the risk of poor outcomes and even death. That's why today I'm issuing a Commissioner's Notice that warns at-risk New Yorkers about the growth in COVID and that urges appropriate precautions. That means stopping nonessential activities, staying in as much as possible and avoiding social activities outside of your household. We'll be working with partner agencies, with community-based organizations, doctors, and others to distribute this notice.  

 

But there's one thing that I want to say to all New Yorkers – a risk factor does not alone determine risk. Whether or not you are a senior or have one of these conditions, COVID-19 can infect you. It can cause serious illness and sometimes long-term symptoms and could spread from you to others who are at even greater risk. To invoke the great Dr. Martin Luther King, Jr., we are caught in an inescapable network of mutuality, tied in a single garment of destiny. And with that same historic lens today, does make me take stock of another mystery virus, which a generation ago was fast-spreading and about which our understanding changed by the day – HIV/AIDS. At that time too, there were people who stepped up and changed the world. And so, on World AIDS Day, I'd like to recognize what those heroes achieved in our ongoing fight against HIV. We are close to ending the HIV/AIDS epidemic. We must learn from that experience as we continue to hone our response to COVID-19. Foremost is the notion that it takes a whole community to beat back a pandemic. That's why the Commissioner's notice that I'm issuing today is just one step. We need you to carry the message forward to help protect at-risk New Yorkers.  

 

I do want to conclude, Mr. Mayor with one final appeal to New Yorkers. While I am discouraging nonessential activities, medical care is essential, both for COVID – that includes testing for COVID – as well as for other conditions. Whether for diabetes or depression, it's important to keep seeking routine care and to go to clinics and hospitals when you need to. It is safe. That includes getting the safe, effective, lifesaving vaccine that we already have – the flu shot. It's still may be the most important one you ever get. Let's all roll up our sleeves for this next phase in our pandemic response. Thank you. 

 

Mayor: Thank you very much, Commissioner. Everyone, look, what you're hearing Dr. Chokshi say is we need you. We need you, if you're older, you have preexisting conditions to take additional precautions. We need you. We need you to go out and get that flu shot. If you haven't done it already. And we need you on another absolutely crucial mission for this city, because we need to keep people alive. And that is not only an issue when it comes to fighting the corona virus, it also is so crucial when it comes to anyone who ends up in a hospital and a moment literally of life and death and needs a blood transfusion. We need to make sure that that blood supply is there for all New Yorkers, any New Yorkers who need it in their hour of need. And people constantly ask me how they can help. I can't tell you how many times I've heard just every-day New Yorkers saying, I want to help, I want to do more, I want to help us over this crisis. Here's something everyone can do – you can get blood. And it makes such a difference. We have seen a market decrease in the blood supply, because, of course, there haven't been corporate blood drives and blood drives at colleges and all the things that used to – government offices – the things that used to make such a difference. But we have to come up with another way now, and it's going to come down to every one of you who can help, helping out. The current blood supplies down to just a few days – just a few days. This is really a very, very urgent situation. So, we need you. We need you to lend a hand, or, more accurately, to lend an arm and give blood. Everyone, the New York Blood Center is leading the way, as always, with a new campaign, Give Blood NYC, helping us to understand how important it is and how easy it is. And the goal here is to get 25,000 New Yorkers to give blood this month – 25,000 people this month so we can get that supply back up. And the good news is, not only is it the right thing to do, not only will you help save a life, and you're going to feel great inside that you did something so good, not only will you get a cookie and a juice box – one of the great fringe benefits of giving blood – but now you have an opportunity to also win some great prizes. The Blood Center is working with us and a lot of other great people to make this something that is life-saving, but also a lot of fun. And I'm talking about real good prizes, notwithstanding the travails of the New York Jets season – you could get coach club tickets – coaches club tickets to the home opener for the Jets next year. You can get a VIP tour of the Empire State Building and – Dr. Chokshi, do not listen to this prize – free Krispy Kreme donuts for a year. That is not approved by the Health Department, but the rest of us would really like that. So, anyone who wants to be a part of this great contest, you can go to nybc.org and sign up. And here to tell you about what it really means – and to talk about the extraordinary work of the folks at the Blood Center, who we depend on. They don't get the credit they deserve, but we depend on them every day. The President CEO of the New York Blood Center, Dr. Christopher Hillyer. 

 

[…] 

 

Mayor: Thank you, Dr. Hillyer. Again, thank you to you and all your colleagues. And really want to make sure people understand, there's a lot of folks looking out for us every day who we don't get to know so well, but we really need to thank the folks who work at the Blood Center who do so much for us. We're going to hear from another special guest. And she is an educator who serves our kids and if she was just here to tell you about her life of helping others and helping uplift our children, that would be powerful enough. But she's here to tell you about what it means to be someone who got one of those blood transfusions, what it means to be someone who really needs that help. And so, you can feel the impact of what you're going to do, what it means humanly to be there for your fellow New Yorker. So, my pleasure to introduce a great educator, someone we're so happy to have with us, Shatera Weaver. Welcome, Shatera. 

 

[…] 

 

Mayor: Thank you so much, Shatera. And thank you for telling your story, because it really is powerful and reminds people this is such a beautiful and important thing you can do for your fellow New Yorker. So, I want to thank Shatera. Thank Dr. Hillyer, everyone who's doing this good work. Thank you to all the folks who are donating the prizes, the companies and the folks who are really stepping up to make it something so appealing for New Yorkers to get involved. But really, we need you. So, we're going to start today, saying we need 25,000 people for the month of December. We're going to keep giving you updates to remind you how we're doing and how much we need. But everyone, you're going to feel so good after you give blood. Maybe not as much as spinach to Popeye – to use that great analogy – but you're going to feel good, because you're going to feel in your heart that you did something so good for your fellow New Yorker. 

And imagine, just that that few minutes of your life could save someone else's life. So, please, everyone, we need you now.  

 

All right, let me go to our daily indicators. And again, this is another day where we have some results that are lower than recent days, meaning the number of tests that we are relying on is lower because we saw a reduction around the Thanksgiving weekend and the number of people being tested. So, we're going to give you the numbers, but with a bit of an asterisk that they're based on a lower sample size than usual. Okay. Number one, daily number of people admitted to New York City hospitals for suspected COVID-19, threshold 200 patients – today's report 132. Confirmed positivity rate, that continues to go up. We're watching that very carefully, 58 percent now. Number two, new reported cases on a seven-day average, 550 cases is the threshold – of course, far beyond that now, 1,685 cases. And number three, percentage of the people testing city-wide positive for COVID-19, threshold five percent – today's report, 5.72 percent. So, that's a daily report. And, again, based on a lower sample size, but obviously something we're very concerned about. The more important number, even though also affected by a lower test numbers recently, lower amount of tests recently, but still on number that we are really concerned about, 4.14 percent. 

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - DECEMBER 1, 2020

 

Positive Testing Rate in All Focus Zone Areas is 6.27 Percent; New York State Positivity Outside All Focus Zone Areas is 4.46 Percent     

Statewide Positivity Rate is 4.96 Percent

66 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"Thanksgiving was not just one day or weekend - it was the commencement of the holiday season, and the holiday season means increased social activity, which means an increased viral transmission. The rate will likely continue to go up through New Year's and the number one priority when you get into this situation is tracking hospitalizations and ensuring hospitals do not become overwhelmed. Our five-part strategy is focused on that, but it's also critical that New Yorkers continue to do the right thing by remembering to wash our hands, wear masks and remaining socially distant," Governor Cuomo said. "Looking ahead, the vaccination program is going to be a major governmental undertaking and it has to be done right. Unfortunately, there are gross omissions in the federal plan that are going to fundamentally impede effective vaccination. Not only has the federal government failed to provide states with any funding, but the existing federal plan fails to provide any effective plan for getting the vaccine to Black, Brown and poor communities, and it contains a data-sharing agreement that could dissuade the undocumented community from participating in the program. The vaccination program only works if everyone is vaccinated and if you are not reaching the Black, Brown and poor communities and then you're alienating the undocumented community, you are making it virtually impossible for this vaccine program to ever be successful - and we need this program to be successful."

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 6.27 percent, and outside the focus zone areas is 4.46 percent. Within the focus areas, 40,802 test results were reported yesterday, yielding 2,558 positives. In the remainder of the state, not counting these focus areas, 105,873 test results were reported, yielding 4,727 positives. 

Today's data is summarized briefly below:

• Patient Hospitalization - 3,774 (+242)
• Patients Newly Admitted - 502
• Hospital Counties - 55
• Number ICU - 718 (+37)
• Number ICU with Intubation - 348 (+23)
• Total Discharges - 85,808 (+252)
• Deaths - 66
• Total Deaths - 26,816

Attorney General James Announces Final Rules to Modernize and Streamline Securities Filings in NYS

 

Adopted Rules Will Move Filers to National Electronic Systems, Create Greater Protections for Investors

 New York Attorney General Letitia James today announced the adoption of final rules that will modernize registration and filing with the Investor Protection Bureau (IPB) in the Office of the Attorney General (OAG). This adoption is the latest step in Attorney General James’ ongoing efforts to streamline and enhance the oversight of the securities industry in New York by moving filings and payments to standardized federal and multi-state systems. Once these changes are fully implemented in 2021, New York’s registration procedures will better conform to the federal securities registration regime, cure industry confusion when it comes to certain registration requirements, and better track exam requirement compliance and disciplinary disclosures for thousands of investment advisers who provide investment advice to New Yorkers. Earlier this year, while these new rules were being completed, Attorney General James announced procedural changes to respond to growing impediments stemming from the coronavirus disease 2019 (COVID-19) public health crisis. An update to those changes, that reflect the new rules and recent executive orders, can be found on the OAG website.

“These new rules reflect years of hard work by this office to bring securities registration into the 21st century,” said Attorney General James. “By moving to standardized electronic filings and payments, our systems will be more resilient to disruption in the future and will be better equipped to protect investors from frauds, especially critical as we have seen an exponential rise in these types of scams as a result of COVID-19. It is more important than ever for New Yorkers to know who they are dealing with when making an investment, and these rules will do exactly that by expanding the registration and tracking of individual investment advisers. Ultimately, this action represents a significant step forward in our efforts to protect New York investors and oversee securities sales practices.”

A detailed summary of the changes in the new rules can be found on the IPB’s Rule Proposal page, but the revisions impact two benchmark rules for New York securities regulation. The first adoption — amending Part 10 of Chapter II, Title 13 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) — will move required notice filings for federal “covered securities” being sold in New York to the electronic filing depository system for the North American Association of Securities Administrators (NASAA). The adopted rules clarify that these filings are mandatory and should be filed on the NASAA website beginning on December 2, 2020.

The second adoption — amending Part 11 of Chapter II, Title 13 of the NYCRR — will require the registration of investment adviser representatives (IAR) in New York, fully implementing the OAG’s registration authority under the Martin Act. IARs will be required to register through the Central Registration Depository/Investment Adviser Registration Depository (collectively CRD/IARD). Beginning on February 1, 2021, IARs will be explicitly required to meet exam requirements and register with the state. To accommodate this change, the rule contains a significant implementation period, which allows those currently engaged in business covered by the new regulations to continue their business without an approved registration until December 2, 2021, so long as certain criteria are met. The adopted rule also creates a new exam special waiver category for people who have been serving as IARs for at least two years.

The OAG expects publication of the adopted rules in the State Register to occur tomorrow, December 2, 2020. The new Part 10 adoption will be effective upon publication. The new Part 11 adoption will be effective as of February 1, 2021, though the OAG expects that persons subject to the rule will begin preparations for compliance well before the effective date. The OAG plans to post further guidance on these rules prior to their taking effect.

A summary of the rule changes, guidance on EFD filings and IAR registration, and the full text of the new rules can be found on the IPB’s Rule Proposal page. All forms referenced in the rules may be found on the OAG’s website.

Applicants and registrants should periodically check the IPB’s Rule Proposal page for updated guidance on the new rules. The IPB will also be updating its website in the coming months.