Eastern District of New York
Press releases recorded for this federal judicial district.
Stony Brook University Professor Indicted for Stealing over $200,000 in Cancer Research FundsRead the Press Release
Geoffrey Girnun, an Associate Professor in the Department of Pathology and Director of Cancer Metabolomics at the Renaissance School of Medicine at Stony Brook University (“SBU”) was charged in a seven-count indictment unsealed today with theft of state and federal government funds, wire fraud and money laundering. Girnun allegedly submitted fraudulent invoices for research equipment to SBU from sham companies he created to conceal his theft of funds from cancer-related research grants issued by the National Institutes of Health (“NIH”) and SBU. Girnun was arrested this morning and is scheduled to be arraigned this afternoon in federal court in Central Islip before United States Magistrate Judge Arlene R. Lindsay.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Scott J. Lampert, Special-Agent-in-Charge, Department of Health and Human Services, Office of Inspector General (HHS-OIG), announced the charges.
According to the indictment, in or about 2013 and 2017, Girnun formed shell companies Atlas Metabolomics, LLC (“Atlas”) and Empyrean Biosciences, LLC (“Empyrean”), which purportedly provided research items and equipment for the defendant’s cancer-related research projects. Girnun then submitted fraudulent electronic invoices to SBU for payment to the companies for equipment, goods and services that were never received or provided. SBU used NIH and SBU grant funds to pay the shell companies over $200,000. Girnun transferred the NIH and SBU grant funds into his personal bank accounts and used the funds for personal expenses, including payments toward the mortgage on his home.
“Professor Girnun’s alleged theft of federal and state grant funds earmarked for cancer research can be explained in two words: pure greed,” stated United States Attorney Donoghue. “He will now be held to account in a federal courtroom.”
“As millions of Americans place their faith in programs established to fund cancer-related research, Geoffrey Girnun, a professor, allegedly siphoned money from grant funds established for this very purpose,” stated FBI Assistant Director-in-Charge Sweeney. “While people continued to suffer from their illnesses, Girnun made payments toward his personal mortgage with the money he stole. His conduct is despicable, and it won’t be tolerated.”
“Taxpayers fund medical research with the hope that promising scientific breakthroughs will result in much-needed treatments and cures for patients. Because the money for medical research is limited and the need for scientific advances is great, it’s incredibly important to clamp down on those who would steal such grant money for personal gain,” stated HHS-OIG Special Agent-in-Charge Lampert. “Professor Girnun will face the consequences of his actions.”
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Girnun faces up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Erin E. Argo and Madeline O’Connor are in charge of the prosecution.
The Defendant:
GEOFFREY GIRNUN
Age: 48
Woodmere, New YorkE.D.N.Y. Docket No. 19-CR-416 (DJH)
Melville-Based Boiler Room Employees Sentenced to Prison for Their Roles in $147 Million Stock Manipulation SchemeRead the Press Release
Earlier today, in federal court in Central Islip, Ronald Hardy, a manager at Power Traders Press, My Street Research and predecessor companies located in Melville, New York (the “boiler room”), and Dennis Verderosa, a cold-caller and account executive at the boiler room, were sentenced by United States District Judge Joanna Seybert to 10 and six years’ imprisonment, respectively, for their participation in a $147 million scheme that defrauded investors in publicly traded companies. Hardy was also ordered to forfeit the contents of a bank account and two properties he owned in Sarasota, Florida, and Verderosa was ordered to pay $341,883 in forfeiture. The amount of restitution to be paid by the defendants will be determined by the court at a later date. Hardy pleaded guilty in August 2018 to conspiracy to commit securities fraud, conspiracy to commit wire fraud, substantive securities fraud and money laundering, and Verderosa pleaded guilty in April 2018 to conspiracy to commit wire fraud.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentences.
“Hardy and Verderosa have been punished for luring vulnerable victims, many of them in their 70s, 80s and 90s, into a web of lies in order to steal their life savings,” stated United States Attorney Donoghue. “This Office will continue working tirelessly with our law enforcement partners to protect investors from calculating con-men.”
Between January 2014 and July 2017, Hardy, Verderosa and 14 co-defendants participated in a scheme that defrauded investors in publicly traded companies by artificially inflating the price and trading volume of stock of the companies, and making misrepresentations in their communications with victim investors concerning the advisability of purchasing the stock and its potential profitability. The defendants, some of whom controlled stock in the manipulated companies, profited while the victim investors lost millions of dollars when the stock prices plummeted. Taped to the wall of the boiler room where the cold callers made these misrepresentations was a sign that read, “WE’LL POUND THE PHONE AND WITH A LITTLE BIT OF LUCK, WE’LL MAKE A TON OF MONEY AND WON’T GIVE A F---.”
Ten co-defendants have pleaded guilty and are awaiting sentencing. Four others are scheduled for trial.
Previously, co-defendant Emin Cohen was sentenced to two years’ imprisonment and McArthur Jean to four years’ imprisonment for their roles in the scheme.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Whitman G.S. Knapp and Kaitlin T. Farrell are in charge of the prosecution. Assistant United States Attorney Tanisha R. Payne of the Office’s Civil Division is handling the forfeiture aspect of the case.
Defendants Sentenced Today:
RONALD HARDY
Age: 42
Port Jefferson, New YorkDENNIS VERDEROSA
Age: 67
Coram, New YorkDefendants Previously Sentenced:
EMIN L. COHEN (also known as “Ian Grant”)
Age: 33
Coram, New YorkMCARTHUR JEAN (also known as “John McArthur”)
Age: 34
Dix Hills, New YorkE.D.N.Y. Docket No. 17-CR-372-10 (JS)
MS-13 Gang Members Indicted for Murder of 16-Year-Old Victim in Alley Pond Park in QueensRead the Press Release
An 18-count third superseding indictment was filed today in federal court in Brooklyn, charging three members of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, variously with racketeering, murder, attempted murder, murder conspiracy, robberies and related firearms charges. Among the offenses added in the third superseding indictment are murder charges against Melvi Amador-Rios, Josue Leiva and new defendant Luis Rivas for the May 16, 2017 fatal stabbing of 16-year-old-Julio Vasquez in Queens. The defendants will be arraigned at a later date.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“The superseding indictment alleges multiple murder conspiracies, including a kill-or-be-killed plot culminating in the brutal murder of a teen victim who was stabbed to death for not carrying out a lethal order himself,” stated United States Attorney Donoghue. “The mindless violence embodied by MS-13 presents extreme danger to our communities and underscores the resolve of this Office, together with our law enforcement partners, to eradicate the gang.”
“MS-13 traffics in violence for no other reason than to use mortal fear as a way to control people and territory,” stated FBI Assistant Director-in-Charge Sweeney. “They have no regard for life, and anyone who shows any kind of normal human empathy pays the ultimate price. The FBI New York Safe Streets Task Forces in Queens and Long Island have not let up on our determination to eradicate this gang from our communities.”
“This case provides an illustration of the extreme violence of gangs and their members,” stated NYPD Commissioner O’Neill. “And it’s why the NYPD and its law enforcement partners aggressively pursue those who commit violent crimes and put safe communities at risk. I want to thank the FBI and the Eastern District for their work to bring today’s federal indictments against three violent gang members.”
According to court filings, Amador-Rios, Leiva and Rivas are members of the Centrales Locos Salvatruchas (“CLS”) clique of MS-13. In early 2017, Amador-Rios, the leader of the CLS clique, authorized the murder of an individual referred to in the indictment as John Doe 2, a chequeo, or low-level MS-13 member, who was suspected of associating with a rival gang. Subsequently, Amador-Rios suspected that another chequeo, John Doe 3, had warned John Doe 2 that the clique intended to kill him. Amador-Rios then ordered the murder of John Doe 3, and Vasquez, also a CLS chequeo, was tasked with the killing. After Vasquez failed to kill John Doe 3, and because he was also suspected of cooperating with law enforcement, Amador-Rios ordered the killing of Vasquez. On May 16, 2017, Vasquez was lured to a wooded area of Alley Pond Park where Leiva and Rivas stabbed him multiple times, killing him. Vasquez’s body was discovererd on May 21, 2017.
The superseding indictment also adds a robbery charge and associated firearms offense against Amador-Rios and Rivas. On January 8, 2017, they allegedly robbed a money transfer business in Jamaica at gunpoint, and pistol-whipped an employee.
The charges in the superseding indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face life in prison.
Today’s superseding indictment is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by our law enforcement partners including the FBI’s Safe Streets Task Force, comprising agents and officers of the FBI and NYPD.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Nadia E. Moore and Phil Selden are in charge of the prosecution.
The Defendants:
MELVI AMADOR-RIOS (“Letal” and “Pinky”)
Age: 28
Briarwood, New YorkJOSUE LEIVA (“Colocho”)
Age: 22
Jamaica, New YorkLUIS RIVAS (“Inquieto” and “Kiko”)
Age: 24
Jamaica, New YorkE.D.N.Y. Docket No. 18-CR-398 (S-3) (RRM)
Eight Defendants Arrested for Distributing Millions of Opioid Pills Imported from IndiaRead the Press Release
Earlier today, a complaint was unsealed in federal court in Brooklyn charging eight defendants, Ezhil Sezhian Kamaldoss, Harpreet Singh, Parthiban Narayanasamy, Baljeet Singh, Deepak Manchanda, Gulab Gulab, Mukul Chugh and Vikas M. Verma with conspiring to possess with intent to distribute a controlled substance containing Tramadol, a synthetic opioid. The defendants were arrested this morning, and their initial appearances are scheduled for this afternoon before United States Magistrate Judge Lois Bloom.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; Mark McCormack, Special Agent-in-Charge, Food and Drug Administration, Office of Criminal Investigations, Metro Washington Field Office (FDA-OCI); Todd A. Wickerham, Special Agent-in-Charge, Federal Bureau of Investigation, Cincinnati Field Office (FBI); Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS); John Eisert, Special Agent-in-Charge, Homeland Security Investigations (HSI), Baltimore Field Office; Peter C. Fitzhugh, Special Agent-in-Charge, HSI, New York Field Office; Troy Miller, Director of Field Operations, U.S. Customs and Border Protection, New York Field Office (CBP); and Brian D. Boyle, Special Agent-in-Charge, Drug Enforcement Administration, New England Field Office (DEA), announced the charges.
Since approximately January 2018, law enforcement agents with FDA-OCI, USPIS, HSI, CBP, DEA, FBI and other agencies have been investigating the large-scale importation of misbranded controlled substances, including Tramadol, into the United States from India. As part of the defendants’ scheme, distributors in India shipped misbranded Tramadol and other drugs to individuals and entities in the United States through the U.S. mail and other commercial couriers. The defendants primarily operated out of a warehouse in Queens where they repackaged the pills and mailed them to customers throughout the United States. The defendants maintained daily ledgers detailing the names, addresses, pill size and pill amounts ordered by customers. During the course of the investigation, the defendants distributed millions of Tramadol pills.
Ezhil Sezhian Kamaldoss is also charged with money laundering.
“As alleged, the defendants participated in a black market for prescription medications by distributing millions of opioid pills in tens of thousands of transactions in one year alone,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue to vigorously investigate and prosecute those who profit from the suffering wrought by opioid distribution in the United States.” Mr. Donoghue expressed his appreciation to the United States Attorneys’ Offices for the District of Maryland, the District of Massachusetts and the Southern District of Ohio for their assistance in the case.
“The illegal manufacture and distribution of opioids can result in overdoses and deaths, further fueling the national crisis,” stated FDA Special Agent-in-Charge McCormack. “The FDA is committed to disrupting and dismantling illegal prescription drug distribution networks, including those that import unapproved drugs from overseas, and distribute those drugs with reckless disregard of the risk to public health.”
“The importation of mislabeled drugs is both dangerous and illegal,” stated FBI Special Agent-in-Charge Wickerham. “It contributes to the ongoing opioid crisis in our nation and causes harm to our communities.”
“Postal Inspectors are always at the forefront in protecting communities from the scourge of illegal drugs, no matter how they enter this country, and today’s arrests are a shining example of our commitment to keep the public safe,” stated USPIS Inspector-in-Charge Bartlett.
“These individuals chose greed and profit at the cost of human lives. HSI is committed to investigating and ending these kinds of drug trafficking schemes to keep opioids off our streets,” stated HSI Special Agent-in-Charge Eisert.
“American communities continue to be plagued by synthetic opioids, often at the hands of dealers like those accused in this investigation,” stated HSI Special Agent-in-Charge Fitzhugh. “HSI is committed to aggressively targeting every level of the opioid supply chain, from the overseas vendors to the street-level dealers, in an effort to end this crisis.”
“This case serves as a great example of collaborative law enforcement efforts to combat international opioid trafficking conspirators. U.S. Customs and Border Protection thanks our partners at FBI, FDA, USPIS, HSI and DEA for their continued cooperation,” stated CBP Director of Field Operations Miller.
“DEA is addressing the threat of opioids, both internationally and domestically. We prioritize our resources by identifying and targeting the world’s biggest and most powerful drug traffickers and their organizations,” stated DEA Special Agent-in-Charge Boyle. “The diversion of prescription pain killers contribute to the widespread abuse of opioids which is a gateway to addiction and is devastating our communities. DEA will continue to collaborate with our federal, state and local law enforcement partners to hold accountable those who are fueling this epidemic.”
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, Ezhil Sezhian Kamaldoss faces up to 25 years’ imprisonment. The remaining defendants each face up to five years’ imprisonment.
First Assistant United States Attorney Mark Lesko and Assistant United States Attorneys Nicholas J. Moscow, Temidayo Aganga-Williams and Andrew D. Grubin are in charge of the prosecution. Assistant United States Attorney Karin Orenstein of the Office’s Civil Division is handling forfeiture matters.
The Defendants:
MUKUL CHUGH
Age: 24
Long Island City, New YorkGULAB GULAB
Age: 45
Richmond Hill, New YorkEZHIL SEZHIAN KAMALDOSS (also known as Kamaldoss Sezhian,” “Kamal Doss” and “Ezhil Cezhian”)
Age: 46
Richmond Hill, New YorkDEEPAK MANCHANDA
Age: 43
Deer Park, New YorkPARTHIBAN NARAYANASAMY (also known as “Pat”)
Age: 58
Jamaica, New YorkBALJEET SINGH (also known as “Sunny”)
Age: 29
Richmond Hill, New YorkHARPREET SINGH (also known as “Vicky Singh”)
Age: 28
Plainview, New YorkVIKAS M. VERMA
Age: 45
Dix Hills, New YorkE.D.N.Y. Docket No. 19-MJ-793 (RLM)
Former CFO of Long Island Real Estate Company Pleads Guilty to Multi Million Dollar FraudRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Kwesi Bovell, the former chief financial officer (CFO) of The Mulholland Group, a real estate company in Manhasset (Mulholland), pleaded guilty to one count of wire fraud in connection with his embezzlement of millions of dollars from his employer over the course of three years. The plea was entered before United States Magistrate Judge Gary R. Brown. When sentenced, Bovell faces up to 20 years in prison, as well as restitution and a fine.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
As described in court filings and as admitted during his guilty plea, Bovell was hired in 2015 as CFO of Mulholland, and was given signature authority over numerous bank accounts of the company and its subsidiaries. Over the next three years, Bovell fraudulently transferred over $3.5 million from Mulholland to his own company, Southgate Holding, LLC. Bovell used the stolen funds to support two laundromats and a fitness center that he owned and to purchase luxury goods.
“With today’s guilty plea, Bovell has been held responsible for betraying his employer’s trust by stealing millions of dollars to benefit himself, from the time he was hired until the discovery of his fraud,” stated United States Attorney Donoghue.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor are in charge of the prosecution.
The Defendant:
KWESI BOVELL
Age: 36
Valley Stream, New YorkE.D.N.Y. Docket No. 18-571 (JMA)
Five Defendants Indicted in Mortgage Fraud SchemeRead the Press Release
An indictment was unsealed today in federal court in Brooklyn charging Iskyo Aronov, Michael Konstantinovskiy, Tomer Dafna, Avraham Tarshish and Michael Herskowitz with conspiracy to commit wire fraud and bank fraud, and related wire fraud counts, in connection with a scheme to defraud mortgage lenders, including the Federal National Mortgage Association (“Fannie Mae”), the Federal Home Loan Mortgage Corporation (“Freddie Mac”) and borrowers. Konstantinovskiy, Dafna, Tarshish and Herskowitz were arrested this morning in New York, and will be arraigned this afternoon before United States Magistrate Judge Lois Bloom. Aronov was arrested in Florida, and will appear this afternoon for a removal hearing at the federal courthouse in Miami.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Robert Manchak, Special Agent-in-Charge, Federal Housing Finance Agency, Office of Inspector General, Northeast Region (FHFA-OIG), and Christina Scaringi, Special Agent-in-Charge, U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Region (HUD-OIG), announced the charges.
According to the indictment, between December 2012 and January 2019, the defendants conspired to defraud mortgage lenders, misleading them into approving short sale transactions at fraudulently depressed prices. In a short sale, with the approval of the mortgage lender or servicer, a mortgage loan borrower sells his or her property for less than the outstanding balance of the mortgage loan. The proceeds from the short sale, less approved closing costs, are applied to the outstanding mortgage loan balance owed to the lender, who typically agrees to forgive the borrower’s remaining mortgage loan balance. Here, the defendants fraudulently manipulated the short sale process by transferring properties for prices well above the short sale prices, and failing to disclose this to the mortgage lenders and servicers. The defendants also took steps to preclude other prospective purchasers from making higher offers for properties by failing to market properties as required by the lenders, and by filing fraudulent liens on properties.
As a further part of the scheme, the defendants provided the mortgage lenders and servicers with false and misleading information in transaction documents and failed to disclose either payments made to the borrower and others related to short sale or contemporaneous agreements to transfer the properties at inflated prices. Many of the affected mortgage loans were insured by the Federal Housing Administration, or owned or guaranteed by Fannie Mae or Freddie Mac.
“As alleged, the defendants defrauded mortgage loan holders out of millions of dollars, with taxpayers saddled with much of the loss,” stated United States Attorney Donoghue. “This Office will continue working with our law enforcement partners to vigorously prosecute those who commit mortgage fraud and enrich themselves at the expense of the financial institutions and government programs that insure or guarantee the loans.” Mr. Donoghue thanked the United States Department of Homeland Security, Homeland Security Investigations, New York Field Office (HSI), the HSI El Dorado Financial Crimes Task Force and the Internal Revenue Service, Criminal Investigation, New York, for their assistance in the ongoing investigation.
“Together with our partners in law enforcement, we have disrupted a scheme to defraud Fannie Mae and Freddie Mac. As demonstrated by this indictment, FHFA-OIG will investigate and hold accountable those who seek to victimize the government-sponsored entities supervised and regulated by FHFA,” stated FHFA-OIG Special Agent-in-Charge Manchak.
“These five individuals allegedly engaged in a scheme of wholesale deception when they provided false, misleading, and incomplete information to lending institutions, borrowers, and the Federal Housing Administration (FHA) causing millions of dollars in damages to the FHA, which typically results in higher premiums being charged to future first-time homeowners,” stated HUD-OIG Special Agent-in-Charge Scaringi. “What makes their alleged crimes even more egregious was their artificial devaluation of properties that, when resold or ‘flipped,’ resulted in large profits. Many of these homes were located in economically challenged areas of New York where affordable housing is at a premium.”
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants each face a maximum of 30 years’ imprisonment and a $1 million fine.
The case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Shannon C. Jones is in charge of the prosecution. Assistant United States Attorney Tanisha Payne of the Office’s Civil Division is handling forfeiture matters.
The Defendants:
ISKYO ARONOV (also known as “Isaac Aronov”)
Age: 32
Miami, FloridaMichael Konstantinovskiy (also known as “Michael Kay”)
Age: 33
Rego Park, QueensTomer Dafna
Age: 48
Great Neck, New YorkAvraham Tarshish (also known as “Avi Tarshish”)
Age: 40
Queens Village, New YorkMichael Herskowitz
Age: 40
Brooklyn, New YorkE.D.N.Y. Docket No. 19-CR-408 (SJ)
Staten Island Attorney Richard Luthmann Sentenced to Four Years in Prison for Fraud and Extortion ConspiraciesRead the Press Release
Richard Luthmann, an attorney licensed by the State of New York, was sentenced today by United States District Judge Jack B. Weinstein to four years’ imprisonment for his convictions on one count of wire fraud conspiracy and one count of extortion conspiracy. Luthmann was also ordered to pay $500,000 in restitution and $130,000 in forfeiture. Luthmann pleaded guilty to the charges on March 18, 2019.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Jonathan Carson, Special Agent-in-Charge, U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, New York Field Office, announced the sentence.
“With today’s sentence, Luthmann has been held accountable for using his law practice as a launching pad for his schemes to defraud businesses in the United States and abroad, and to extort a former client, all for the purpose of lining his pockets,” stated United States Attorney Donoghue. Mr. Donoghue extended his appreciation to the Department of Homeland Security, Homeland Security Investigations, the New York City Police Department and the Social Security Administration for their assistance in the investigation.
“Our legal system works because everyone believes attorneys are going to be honest brokers of justice. Mr. Luthmann’s actions, defrauding and extorting his victims, chip away at the foundations of that system and cannot be tolerated,” stated FBI Assistant Director-in-
Charge Sweeney. “The FBI New York Joint Organized Crime Task Force did an outstanding job in this investigation stopping a criminal who thought he could use his knowledge of the law to skirt it.”“This successful prosecution is the result of outstanding collaborative efforts by the Office of Export Enforcement, the FBI, the Justice Department and our other law enforcement partners,” stated Department of Commerce Special Agent-in-Charge Carson. “Engaging in export fraud scams and falsifying export records are matters we take seriously. We will continue to pursue violators who jeopardize fair and secure trade.”
In the summer of 2015, Luthmann and his co-conspirators formed multiple shell companies, ostensibly to sell scrap metal and recycled products to U.S. and foreign customers. Rather than conducting legitimate scrap metal businesses, the conspirators deceived customers by contracting to sell them scrap metal, receiving payment on their orders and then intentionally failing to make delivery of the material. After an aggrieved customer threatened to report Luthmann and his co-conspirators to the police, the conspirators changed tactics and began shipping worthless filler materials, including concrete and road barriers to customers who had contracted to buy valuable copper and other scrap metal. In the course of a few months in 2015, Luthmann and his co-conspirators made more than $500,000 in fraudulent sales.
In an effort to conceal the fraudulent scheme, Luthmann registered the shell companies with the New York Department of State, recruited a client of his law practice, who was blind and living on public assistance, to be the nominal president of one of the shell companies and directed payments from the fraudulent sales through his law firm’s accounts. Luthmann and his co-conspirators then split the fraud proceeds at Luthmann’s law office.
In December 2016, Luthmann and his co-conspirators began an extortion scheme directed at one of his former clients, who had participated in the scrap metal fraud. Luthmann invited the former client to meet at his law office in Staten Island, ostensibly to sign legal paperwork. Luthmann was not present when the former client arrived, but two of his co-conspirators were. One of them threatened the former client with what appeared to be a handgun and demanded the $10,000 owed.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorney James P. McDonald is in charge of the prosecution.
The Defendant:
Richard Luthmann
Age: 39
Staten Island, New YorkE.D.N.Y. Docket No. 17-CR-664 (JBW)
MS-13 Member Sentenced to 50 Years in Prison for 2017 Murders of Four Young Men with Machetes, Knives, Clubs and an AxeRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Freiry Martinez, also known as “Discreto” and “Sovietico,” a member of the Herndon City Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, was sentenced by United States Circuit Judge Joseph F. Bianco to 50 years’ imprisonment, following his guilty plea to racketeering charges for his participation in the April 11, 2017 murders of Justin Llivicura, Michael Lopez, Jorge Tigre and Jefferson Villalobos. Upon completion of his sentence, Martinez, an illegal alien from El Salvador, faces deportation from the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.
“It is my hope that today’s sentence brings some measure of closure and a sense of justice for the family members of the four victims, whose young lives were senselessly cut short by Martinez and his fellow MS-13 members,” stated United States Attorney Donoghue. “This Office, along with our fellow law enforcement partners, will relentlessly pursue gang members who commit depraved acts of violence on behalf of the MS-13 gang, and who foolishly think that fleeing the jurisdiction will place them out of our reach. Today’s sentence clearly proves otherwise.”
“This sentence illustrates our determination to bring these cold blooded killers to justice, and show the local communities we're on their side,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI Long Island Gang Task Force continues to use its global reach to find those who try to escape justice, and stop more violence from happening.”
“After committing four brutal murders, Martinez fled the jurisdiction in an attempt to evade justice,” stated SCPD Commissioner Hart. “Thanks to the strong partnership between both law enforcement and the United States Attorney’s Office his freedom was short lived. We hope that this sentence sends a clear message, to both gang members and their associates that we will not rest until justice is served. This sentencing is another example of our unwavering commitment to dismantle MS-13 in Suffolk County.”
“Today’s sentence of defendant Freiry Martinez is a clear example of law enforcement interagency cooperation and how there are no boundaries in criminal activity. Our partnerships continue to combat crime as we maintain our zero tolerance approach toward gangs and their illegal activities to ensure safety for our residents and communities. I would like to congratulate all of the investigators and their agencies for their hard work and dedication in bringing defendant Martinez to justice,” stated NCPD Commissioner Ryder.
On the evening of April 11, 2017, two female associates of the MS-13 lured five young men, including the four victims, to a community park in Central Islip so that Martinez and other MS-13 members could attack and kill them. The victims were believed to be members of a rival gang who had offended the MS-13. Martinez and numerous other MS-13 members and associates met in the park where they distributed weapons and discussed the plan to kill the victims. Once the female MS-13 associates led the men to a wooded area, Martinez and the other MS-13 members and associates surrounded, attacked and killed Llivicura, Lopez, Tigre and Villalobos, using machetes, knives, wooden clubs and an axe. The fifth intended victim escaped. The victims’ bodies were discovered the following evening.
Several days after committing the April 11, 2017 murders, Martinez fled New York with the assistance of other MS-13 members from New Jersey, Virginia and Maryland. After relocating to Virginia and later Maryland, Martinez continued his MS-13 involvement by associating with MS-13 members from those areas, engaging in street-level drug sales, assaulting rival gang members, and participating in the armed robberies of check-cashing establishments. Martinez was a fugitive for more than seven months after the murders until he was located and arrested in Maryland on November 21, 2017. Thereafter, Martinez was removed from the District of Maryland to the Eastern District of New York to face the instant charges.
Martinez was under 16 years of age at the time of the murders and he was initially charged by a juvenile information. Thereafter, the government filed a motion to transfer him to adult status for prosecution and Martinez waived a transfer hearing, waived indictment and pleaded guilty to racketeering, including predicate racketeering acts relating to the murders of Llivicura, Lopez, Tigre and Villalobos.
Today’s sentencing is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted of federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Office, Rockville Centre Police Department, New York State Police, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Justina L. Geraci and Michael T. Keilty are in charge of the prosecution.
The Defendant:
FREIRY MARTINEZ (also known as “Discreto” and “Sovietico”)
Age: 18
Brentwood, New York; Fairfax/Arlington Counties, Virginia; Montgomery County, MarylandE.D.N.Y. Docket No. 17-CR-364 (S-1)(JFB)
New York Ambulette Company Owners Plead Guilty in More than $8.6 Million Health Care Kickback SchemeRead the Press Release
Two New York ambulette company owners pleaded guilty today for their roles in a more than $8.6 million health care kickback scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue of the Eastern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office, Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Office of Investigations and Acting Special Agent in Charge Jonathan Larsen of IRS Criminal Investigation (IRS-CI) New York made the announcement.
Igor Radinovskiy, 60, and Aleksandr Radinovskiy, 37, father and son, both of Brooklyn, New York, each pleaded guilty to one count of conspiracy to offer and pay health care kickbacks and one count of conspiracy to defraud the lawful functions of the IRS before U.S. Magistrate Judge Steven M. Gold of the Eastern District of New York. Sentencing has not yet been scheduled.
The defendants were the co-owners and officers of the ambulette company Sabe Ambulette Services Inc., which did business as Mobility Transportation. According to court filings and admissions, Igor Radinovskiy and Aleksandr Radinovskiy participated in a conspiracy in which they paid more than $8.6 million in kickbacks to co-conspirator companies not enrolled in the Medicaid program, for the referral of beneficiaries recruited by those co-conspirators, so that Sabe Ambulette could falsely bill Medicaid as if Sabe had transported those beneficiaries to various clinics in Brooklyn and Queens. The defendants then falsely reported to the IRS that the illegal kickback payments were legitimate business expenses, which caused relevant tax forms to falsely under-report business income and claim deductions.
The FBI, HHS-OIG and IRS-CI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of New York. Trial Attorney Andrew Estes of the Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Father and Son Owners of Ambulette Company Plead Guilty to $8.6 Million Healthcare Kickback SchemeRead the Press Release
Earlier today in federal court in Brooklyn, Igor Radinovskiy and Aleksandr Radinovskiy, co-owners of Sabe Ambulette Services Inc., d/b/a Mobility Transportation, located in Brooklyn and North Bellmore, New York, pleaded guilty to one count of conspiracy to offer and pay health care kickbacks and one count of conspiracy to defraud the lawful functions of the Internal Revenue Service.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General, New York Region (HHS-OIG), and Jonathan D. Larsen, Acting Special Agent-in-Charge, IRS Criminal Investigation (IRS-CI), announced the guilty pleas.
“The Radinovskiys used their ambulette company as a vehicle to falsely bill Medicaid for transportation services performed by drivers who were not enrolled in the Medicaid program, in exchange for kickbacks from the defendants,” stated United States Attorney Donoghue. “With today’s guilty pleas, the defendants have been held accountable for this scheme that they carried out at the expense of the taxpayer-funded program.”
According to court filings and admissions by the defendants, Igor Radinovskiy and Aleksandr Radinovskiy, father and son respectively, paid kickbacks to co-conspirator drivers for recruiting Medicaid beneficiaries for transportation to clinics in Brooklyn and Queens, and referring those beneficiaries to the defendants’ company. Those drivers were not enrolled in the Medicaid program, and were not authorized to bill Medicaid for the transportation. The defendants, whose ambulette company was enrolled in Medicaid, billed the government program for the drivers’ services, kept 15 to 20 percent of the Medicaid reimbursements and kicked back 80 to 85 percent to the unauthorized drivers. In total, between January 2008 and April 2018, the defendants and their co-conspirators paid more than $8.6 million in kickbacks.
For the calendar years 2008 through 2013, the defendants filed false tax returns, reporting the kickback payments as legitimate business expenses, under-reporting business income and claiming false business deductions.
The FBI, HHS-OIG and IRS-CI investigated the case, which was prosecuted by the Medicare Fraud Strike Force, under the supervision by the United States Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section. Trial Attorney Andrew Estes of the Fraud Section is in charge of the prosecution.
The Defendants:
IGOR RADINOVSKIY
Age: 60
Brooklyn, New YorkALEKSANDR RADINOVSKIY
Age: 37
Brooklyn, New YorkE.D.N.Y. Docket No. 19-CR-373 (FB)
Long Island Aerospace and Defense Contractor Agrees to Repay $2.6 Million in Overbillings to the United StatesRead the Press Release
Arkwin Industries, Inc., a Westbury, New York-based corporation, has agreed to pay a $2.6 million settlement to the United States, after self-disclosing its overbilling of the government and its prime contractors.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Leigh-Alistair Barzey, Special Agent-in-Charge, Defense Criminal Investigative Service, Northeast Field Office (DCIS), and Jason T. Hein, Special Agent-in-Charge, Air Force Office of Special Investigations, Office of Procurement Fraud Investigations (AFOSI), announced the settlement.
“This resolution demonstrates how government contractors and suppliers should act when they discover overbilling – Arkwin notified the authorities, investigated the error, reported its findings to the United States and ultimately took responsibility for its mistakes,” stated United States Attorney Donoghue. “When a government contractor self-discloses billing errors and cooperates in the government’s investigation, our Office will work with them to arrive at a fair and just resolution.”
“Today's settlement is the result of a joint effort to ensure that the U.S. Department of Defense (DoD) expends only the necessary amount for the goods and services needed to supply our military," stated DCIS Special Agent-in-Charge Barzey. “Arkwin's cooperation in this matter was an important part of the successful and equitable resolution of this matter. The DCIS is committed to working with its law enforcement partners and the U.S. Attorney's Office, Eastern District of New York, to protect the integrity of the DoD's procurement system.”
“The Air Force Office of Special Investigations is committed to protecting the USAF and the American taxpayer from contractors and subcontractors who overcharge the government for products or services,” stated AFOSI Special Agent-in-Charge Hein.
Arkwin Industries designs, tests and manufactures precision hydraulic and fuel system components for civil and military fixed-wing aircraft, helicopters, spacecraft, turbine engines and other special applications. Arkwin acts both as a prime contractor and as a subcontractor to the Department of Defense, the Department of the Air Force and the Department of the Navy.
Arkwin detected an error in its accounting systems that had double-counted worker hours spent performing inspections of its products. Arkwin then self-disclosed the discovery to the United States, and undertook an internal investigation by outside counsel and a forensic accounting team. After concluding its investigation, Arkwin reported its findings to the United States.
After receiving Arkwin’s findings, the United States Attorney’s Office, with the support of DCIS and AFOSI, independently investigated the nature and extent of the overbilling, including whether the overbilling had been intentional or accidental. Arkwin cooperated fully throughout the investigation, providing documents, making witnesses available for interviews and responding to government inquiries. Following a thorough investigation, the Office found that the overbilling was accidental and negotiated the resolution. The $2.6 million settlement represents the total of potential overbilling, with interest.
The government’s case was handled by Assistant United States Attorney John Vagelatos.
American Citizen, an Alleged ISIS Sniper and Weapons Instructor, Indicted for Providing Material Support to ISISRead the Press Release
A five-count indictment was filed yesterday in federal court in Brooklyn charging Ruslan Maratovich Asainov, 43, also known as “Suleiman Al-Amriki” and “Suleiman Al-Kazakhi,” with conspiracy to provide material support to ISIS; providing material support to ISIS in the form of personnel, training, expert advice and assistance and weapons; receipt of military-type training from ISIS; and obstruction of justice. If convicted, Asainov faces a maximum sentence of life in prison. Asainov will be arraigned at a later date.
John C. Demers, Assistant Attorney General for National Security; Richard P. Donoghue, United States Attorney for the Eastern District of New York; Michael McGarrity, Assistant Director of the Counterterrorism Division, FBI; William F. Sweeney Jr., Assistant Director-in-Charge, FBI, New York Field Office; and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
As detailed in court filings, Asainov is a naturalized U.S. citizen born in Kazakhstan, who resided in Brooklyn. As alleged, in December 2013, Asainov traveled on a one-way ticket to Istanbul, Turkey, a common transit point to obtain entry into Syria. He subsequently entered Syria, joined ISIS and became a sniper for the terrorist organization. Over time, Asainov rose through the ranks to become an ISIS “emir” in charge of training other ISIS members in the use of weapons. He also attempted to recruit another individual to travel from the United States to Syria to fight for ISIS.
As further alleged, in March 2015, Asainov asked a confidential informant to send him approximately $2,800 so that he could purchase a scope for his rifle. Asainov subsequently sent the confidential informant two photographs of himself holding an assault rifle fitted with a scope. Asainov messaged one individual, exclaiming in reference to ISIS, “we are the worst terrorist organization in the world that has ever existed,” and added that he wished to die on the battlefield.
The charges in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Douglas M. Pravda, Saritha Komatireddy and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Jacqueline L. Barkett of the Counterterrorism Section of the National Security Division of the Department of Justice.
Bloods Gang Member Pleads Guilty to Cold Case MurderRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Bloods gang member Trendell Walker, also known as “Live Wire” and “Debo,” pleaded guilty to the firearm-related murder of 15-year-old Alvin Brothers on August 7, 2007. The guilty plea was entered before United States Magistrate Judge Steven I. Locke. When sentenced, Walker faces a maximum of life in prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York Field Office (HSI), and Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), announced the guilty plea.
“Today’s plea demonstrates the Department’s unwavering commitment to holding accountable gang members like defendant Walker who show complete disregard for human life,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue working tirelessly to eliminate violent gangs from our communities.”
According to court filings and facts presented at the plea proceeding, on August 6, 2007, several individuals assaulted Walker and attempted to rob him. The next day, Walker met with fellow Bloods gang members and devised a plan to retaliate against his assailants. Walker and other Bloods gang members drove to Bellport, armed with firearms, where they observed Brothers and several young people standing on the corner of Post Avenue and Patchogue Avenue. Walker and other gang members opened fire on the group. Brothers was shot and died from his wounds.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Christopher C. Caffarone and Mark E. Misorek are in charge of the prosecution.
The Defendant:
TRENDELL WALKER
Age: 31
Riverhead, New YorkE.D.N.Y. Docket No. 16-CR-369 (S-2)(SJF)
American Citizen, an Alleged ISIS Sniper and Weapons Instructor, Indicted for Providing Material Support to ISISRead the Press Release
A five-count indictment was filed today in federal court in Brooklyn charging Ruslan Maratovich Asainov, also known as “Suleiman Al-Amriki” and “Suleiman Al-Kazakhi,” with conspiracy to provide material support to ISIS; providing material support to ISIS in the form of personnel, training, expert advice and assistance and weapons; receipt of military-type training from ISIS; and obstruction of justice. If convicted, Asainov faces a maximum sentence of life in prison. Asainov will be arraigned at a later date.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; Michael McGarrity, Assistant Director of the Counterterrorism Division, Federal Bureau of Investigation; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office; and James P. O’Neill, Commissioner, New York City Police Department, announced the charges.
As detailed in court filings, Asainov is a naturalized U.S. citizen born in Kazakhstan, who resided in Brooklyn. As alleged, in December 2013, Asainov traveled on a one-way ticket to Istanbul, Turkey, a common transit point to obtain entry into Syria. He subsequently entered Syria, joined ISIS and became a sniper for the terrorist organization. Over time, Asainov rose through the ranks to become an ISIS “emir” in charge of training other ISIS members in the use of weapons. He also attempted to recruit another individual to travel from the United States to Syria to fight for ISIS.
As further alleged, in March 2015, Asainov asked a confidential informant to send him approximately $2,800 so that he could purchase a scope for his rifle. Asainov subsequently sent the confidential informant two photographs of himself holding an assault rifle fitted with a scope. Asainov messaged one individual, exclaiming in reference to ISIS, “we are the worst terrorist organization in the world that has ever existed,” and added that he wished to die on the battlefield.
The charges in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Douglas M. Pravda, Saritha Komatireddy and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Jacqueline L. Barkett of the Counterterrorism Section of the National Security Division of the Department of Justice.
The Defendant:
RUSLAN MARATOVICH ASAINOV
Age: 43
Syria and Bay Ridge, BrooklynE.D.N.Y. Docket No. 19-CR-402
Queens Man Planning Knife Attack Charged with Attempting to Provide Material Support to ISISRead the Press Release
A criminal complaint filed today in federal court in Brooklyn charged Awais Chudhary, a naturalized U.S. citizen born in Pakistan, with attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Chudhary was arrested yesterday, and made his initial appearance this afternoon before United States Magistrate Judge James Orenstein. Chudhary was ordered held without bail.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John C. Demers, Assistant Attorney General for National Security, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the arrest.
“As alleged, Awais Chudhary planned to kill innocent civilians on behalf of ISIS and record the bloodshed in the hope of inspiring others to commit attacks,” stated United States Attorney Donoghue. “This Office, together with the FBI, the NYPD and all members of the FBI Joint Terrorism Task Force will continue working tirelessly to identify ISIS sympathizers like the defendant and prevent them from carrying out their murderous intentions.”
“The defendant allegedly planned to conduct a deadly attack in New York on behalf of ISIS,” stated Assistant Attorney General Demers. “The National Security Division, working with our partners, will remain vigilant in our efforts to identify, disrupt and hold accountable those who would conduct a terrorist attack on our soil. I want to thank the agents, analysts and prosecutors who are responsible for this case and prevented this defendant from carrying out his deadly plans.”
“There’s no doubt Chudhary allegedly wanted to make headlines by attacking innocent people going about their daily lives. Thanks to the diligent work of the agents, analysts, and detectives on the FBI New York JTTF, the only thing to report today is his arrest, and the only photos Chudhary will be featured in are the ones taken in our prisoner processing room prior to his arrival in federal prison,” stated FBI Assistant Director-in-Charge Sweeney.
“Awais Chudhary had accepted the call from ISIS to kill fellow New Yorkers in the city he called home,” stated NYPD Commissioner O’Neill. “He had carefully planned, conducted reconnaissance, picked a target, and was in the process of obtaining the weapon. All he has left to do was to strike. The FBI agents and NYPD detectives of the JTTF should be commended for the disruption of this plot. Their work almost certainly saved lives.”
As alleged in the complaint, in August 2019, Chudhary communicated to undercover law enforcement officers through text messaging that he planned to conduct a stabbing or bombing attack on behalf of ISIS. Chudhary also wanted to record his attack to inspire others to commit similar acts of violence. Chudhary identified the pedestrian bridges over the Grand Central Parkway to the Flushing Bay Promenade (the Promenade) and the area of the World’s Fair Marina (the Marina) as locations for the attack. On August 23, 2019, Chudhary told an undercover agent that he intended to use a knife “because that’s what he knows,” but if the undercover agent could instruct him on how to build a bomb, he would consider using an explosive device at a “mini-bridge over a busy road with many cars.” On the same day, Chudhary texted another undercover agent a screenshot of a document entitled “Islamic State,” with the subheadings: “Places to Strike,” “The Ideal Knife” and “Knives to Avoid.” The instructions included a diagram of the human body with directions where to stab a victim. Chudhary also sent the undercover agent videos of pedestrian bridges over the Grand Central Parkway, and stated that he was considering throwing explosives over the fencing at vehicles passing below.
Chudhary conducted multiple reconnaissance trips to the targeted locations. On August 24, 2019, FBI agents surveilled Chudhary enter the Promenade in the vicinity of 27th Avenue and Ditmars Boulevard and take videos and photos with his cellphone of various locations, as well as the Marina, a nearby gas station, a donut shop and a security camera near the donut shop.
Between August 25 and August 26, 2019, Chudhary ordered online a tactical knife, a mask, gloves and a cellphone chest and head strap to facilitate his recording of the attack. Chudhary was arrested yesterday as he attempted to retrieve the items from an online vendor’s retail location in Queens.
The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, Chudhary faces a maximum sentence of 20 years’ imprisonment.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorney Jonathan Algor and Special Assistant United States Attorney Elizabeth A. Hanft are in charge of the prosecution, with assistance from Trial Attorney Kevin C. Nunnally of the National Security Division’s Counterterrorism Section.
The Defendant:
AWAIS CHUDHARY
Age: 19
Queens, New YorkE.D.N.Y. Docket No. 19-MJ-778
Individual Who Planned Attack in Queens Charged with Attempting to Provide Material Support to ISISRead the Press Release
A criminal complaint filed today in federal court in Brooklyn charged Awais Chudhary, 19, a naturalized U.S. citizen born in Pakistan, with attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Chudhary was arrested yesterday, and made his initial appearance this afternoon before United States Magistrate Judge James Orenstein. Chudhary was ordered held without bail.
“The defendant allegedly planned to conduct a deadly attack in New York on behalf of ISIS,” stated Assistant Attorney General for National Security John C. Demers. “The National Security Division, working with our partners, will remain vigilant in our efforts to identify, disrupt, and hold accountable those who would conduct a terrorist attack on our soil. I want to thank the agents, analysts, and prosecutors who are responsible for this case and prevented this defendant from carrying out his deadly plans.”
“As alleged, Awais Chudhary planned to kill innocent civilians on behalf of ISIS and record the bloodshed in the hope of inspiring others to commit attacks,” stated United States Attorney Donoghue. “This Office, together with the FBI, the NYPD and all members of the FBI Joint Terrorism Task Force will continue working tirelessly to identify ISIS sympathizers like the defendant and prevent them from carrying out their murderous intentions.”
“There’s no doubt Chudhary allegedly wanted to make headlines by attacking innocent people going about their daily lives. Thanks to the diligent work of the agents, analysts, and detectives on the FBI New York JTTF, the only thing to report today is his arrest, and the only photos Chudhary will be featured in are the ones taken in our prisoner processing room prior to his arrival in federal prison,” stated FBI Assistant Director-in-Charge Sweeney.
“Awais Chudhary had accepted the call from ISIS to kill fellow New Yorkers in the city he called home,” stated NYPD Commissioner O’Neill. “He had carefully planned, conducted reconnaissance, picked a target, and was in the process of obtaining the weapon. All he has left to do was to strike. The FBI agents and NYPD detectives of the JTTF should be commended for the disruption of this plot. Their work almost certainly saved lives.”
As alleged in the complaint, in August 2019, Chudhary communicated to undercover law enforcement officers through text messaging that he planned to conduct a stabbing or bombing attack on behalf of ISIS. Chudhary also wanted to record his attack to inspire others to commit similar acts of violence. Chudhary identified the pedestrian bridges over the Grand Central Parkway to the Flushing Bay Promenade (the Promenade) and the World’s Fair Marina (the Marina) as locations for the attack. On Aug. 23, 2019, Chudhary told an undercover agent that he intended to use a knife “because that’s what he knows,” but if the undercover agent could instruct him on how to build a bomb, he would consider using an explosive device at a “mini-bridge over a busy road with many cars.” On the same day, Chudhary texted another undercover agent a screenshot of a document entitled, “Islamic State” with the subheadings: “Places to Strike,” “The Ideal Knife” and “Knives to Avoid.” The instructions included a diagram of the human body with directions where to stab a victim. Chudhary also sent the undercover agent videos of pedestrian bridges over the Grand Central Parkway and stated that he was considering throwing explosives over the fencing at vehicles passing below.
Chudhary conducted several reconnaissance trips to the targeted locations. On Aug. 24, 2019, FBI agents surveilled Chudhary enter the Promenade in the vicinity of 27th Avenue and Ditmars Boulevard and take videos and photos with his cellphone of various locations, as well as the Marina, a nearby gas station, a donut shop and a security camera near the donut shop.
Between Aug. 25 and Aug. 26, 2019, Chudhary ordered online a tactical knife, a mask, gloves, and a cellphone chest and head strap to facilitate his recording of the attack. Chudhary was arrested yesterday as he attempted to retrieve the items from an online vendor’s retail location in Queens.
The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, Chudhary faces a maximum sentence of 20 years’ imprisonment.
The government’s case is being handled by the United States Attorney’s Office for the Eastern District of New York’s National Security and Cybercrime Section. Assistant United States Attorney Jonathan Algor and Special Assistant United States Attorney Elizabeth A. Hanft are in charge of the prosecution, with assistance from Trial Attorney Kevin C. Nunnally of the National Security Division’s Counterterrorism Section.
Former Member of NYPD Arrested for Stealing More Than $130,000 in Social Security Benefits Intended for His ChildrenRead the Press Release
Earlier today, Michael Conway was arrested on a complaint charging him with wire fraud. Between August 2009 and September 2018, Conway allegedly stole more than $130,000 from the Social Security Administration (“SSA”) that was intended for his two minor children. Conway will make his initial appearance this afternoon in federal court in Brooklyn before United States Magistrate Judge James Orenstein.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Gail S. Ennis, Inspector General, SSA, announced the charges.
“As alleged in the complaint, for nearly a decade, the defendant committed a fraud on his family and SSA by unlawfully collecting and keeping funds that had been provided for the care of his children based on false statements he made to the government,” stated United States Attorney Donoghue. “This Office will remain vigilant in identifying and prosecuting those like the defendant who collect benefits to which they are not entitled.”
“This arrest should serve as a warning to those who choose to defraud Social Security’s disability programs,” stated SSA Inspector General Ennis. “We vigorously pursue fraud allegations, and work closely with United States Attorney’s Offices across the country to bring offenders to justice. I encourage the public to report suspected Social Security fraud to our fraud hotline at 1-800-269-0271 or http://oig.ssa.gov/report.”
According to the complaint, Conway, a former member of the New York City Police Department (NYPD), began receiving Retirement, Survivors and Disability Insurance (RSDI) benefits from the SSA in May 2009 for a work-related injury he suffered while employed by the NYPD. Eligible family members may also receive RSDI benefits, or auxiliary benefits. In August 2009, Conway applied for auxiliary benefits on behalf of his twin children, who were 8-years-old at the time. Conway falsely claimed that his children resided with him in Queens and that no other relatives provided financial support for the children. Based on the false information provided by the defendant, the SSA approved the application and granted Conway’s request to receive and manage the SSA funds to which his children were entitled. Conway’s fraud was uncovered when his son, upon applying to the SSA for benefits, learned that SSA had been paying benefits to Conway on his children’s behalf since 2009 and that Conway had received a total of $138,016.60. The twins’ mother informed the SSA that she was awarded custody of the children in December 2002 and they had never lived with the defendant.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Conway faces a statutory maximum of 20 years’ imprisonment and restitution.
The government’s case is being handled by the Office’s Public Integrity Section. Special Assistant United States Attorney Virginia Nguyen is in charge of the prosecution.
The Defendant:
MICHAEL CONWAY
Age: 60
Queens, New York
E.D.N.Y. Docket No. 19-MJ-753Queens Middle School Teacher Charged with Possession of Child PornographyRead the Press Release
The defendant Eric Paulino was arrested today on a complaint charging him with possession of child pornography. Paulino made his initial appearance this afternoon before United States Magistrate Judge James Orenstein in federal court in Brooklyn, and was released on a $250,000 bond.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office, announced the arrest.
“Paulino, while employed in a position of trust as a New York City school teacher, purchased child pornography on the Internet, contributing to the abuse and victimization of children,” stated United States Attorney Donoghue. “Prosecuting those who feed the market for child pornography, whether producers or consumers, will always be a priority of this Office and our law enforcement partners.”
“Teachers are trusted by parents to protect and educate their children, which makes the thought of a teacher allegedly downloading illegal child pornography all that more disturbing,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI New York Child Exploitation and Human Trafficking Task Force works every day to stop predators from exploiting children, and further victimizing those exposed to hands on offenders who create images shared on the internet.”
According to the complaint and statements made in court, Paulino, a teacher at a Queens middle school, purchased child pornography using a mobile payment service. Today, during a court-authorized search of Paulino’s residence, the defendant admitted to downloading and trading child pornography on his mobile phone. Paulino provided FBI special agents with his iPhone and the password for the device. A search of Paulino’s phone revealed numerous images and videos of children engaged in sexually explicit conduct.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Anthony Bagnuola is in charge of the prosecution.
The Defendant:
ERIC PAULINO
Age: 30
Ridgewood, QueensE.D.N.Y. Docket No. 19-MJ-767
Three Defendants Indicted for Transnational Fraud SchemeRead the Press Release
An indictment was unsealed today in federal court in Central Islip charging Kamal Zafar, Jamal Zafar and Armughanul Asar with conspiracy to commit wire fraud and conspiracy to launder money in furtherance of their fraudulent scheme directed at thousands of individuals in the United States. The defendants were arrested this morning in the Eastern District of New York, and are scheduled to be arraigned this afternoon before United States Magistrate Judge Steven I. Locke.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Jonathan D. Larsen, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI), J. Russell George, Treasury Inspector General for Tax Administration (TIGTA), James P. O’Neill, Commissioner, New York City Police Department (NYPD), and Kenneth Jackson, Commissioner, Garden City Police Department (GCPD), announced the charges.
As alleged in the indictment, between January 2018 and September 2018, the defendants, together with co-conspirators operating from call centers in India, targeted victims in the United States, and falsely claimed to be employees of the IRS, the Social Security Administration or the Drug Enforcement Administration. The victims were informed that they owed a sum of money to the United States government or one of its agencies and that they would be arrested if the debts were not promptly paid. After victims wired payments to bank accounts that the defendants had opened in the names of inactive and shell corporations to receive the fraud proceeds, the funds were withdrawn and laundered through additional bank accounts. The scheme is estimated to have netted over $2 million from victims across the United States.
“The defendants’ transnational fraud scheme utilized callers falsely claiming to be federal employees and threatening arrest to extract payment from their victims,” stated United States Attorney Donoghue. “This Office, together with our federal and local law enforcement partners, will continue working tirelessly to hold accountable scam artists who perpetrate telephone frauds.”
“These defendants remotely used ruthless scare tactics and threatened innocent citizens including the elderly, widows, and professionals under the guise of having to pay off unfounded financial obligations to the U.S. government for their own personal gain,” stated IRS-CI Special Agent-in-Charge Larsen. “IRS-CI will continue to apprehend those who victimize the public while posing as government officials both abroad and here at home.”
“The victimization of American taxpayers by individuals impersonating Internal Revenue Service employees is a serious crime,” stated TIGTA Inspector General George. “I would like to thank the U.S. Attorney’s Office, Internal Revenue Service Criminal Investigation, the New York City Police Department and the Garden City Police Department on their outstanding efforts resulting in this indictment.”
“These indictments reflect the lengths that criminals will go in order to fraudulently separate honest people from their hard earned money,” stated NYPD Commissioner O’Neill. “I congratulate the NYPD detectives, our law enforcement partners, and the U.S. Attorney for the Eastern District of New York for their hard work in dismantling this illegal operation.”
“This case is an excellent example of collaboration and cooperation between multiple law enforcement agencies, which included federal, city and local authorities in the arrest of the participants of a major scheme to defraud numerous victims throughout the United States,” stated GCPD Commissioner Jackson.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face up to 20 years’ imprisonment.
The government’s case is being handled by the Office’ Long Island Criminal Division. Assistant United States Attorneys Charles P. Kelly and Diane Leonardo are in charge of the prosecution.
The Defendants:
KAMAL ZAFAR
Age: 51
South Huntington, New YorkJAMAL ZAFAR
Age: 48
Huntington, New YorkARMUGHANUL ASAR
Age: 68
College Point, New YorkE.D.N.Y. Docket No. 19-CR-385 (SJF)
Two Queens Women Plead Guilty in Connection with Plan to Build Explosive Devices Similar to Those Used in Prior Terrorist Attacks in the United StatesRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Asia Siddiqui and Noelle Velentzas, both citizens of the United States and residents of Queens, pleaded guilty to teaching and distributing information pertaining to the making and use of an explosive, destructive device, and weapon of mass destruction, intending that it be used to commit a federal crime of violence. The guilty pleas were entered before United States District Court Judge Sterling Johnson Jr. When sentenced, the defendants face up to 20 years in prison.
“Inspired by radical Islam, Velentzas and Siddiqui researched and taught each other how to construct bombs to be used on American soil against law enforcement and military targets,” said Assistant Attorney General John C. Demers. “They were thwarted by the excellent work of the agents, analysts and prosecutors who are responsible for this investigation and prosecution. For this, we are grateful.”
“In an effort to implement their violent, radical ideology, the defendants studied some of the most deadly terrorist attacks in U.S. history, and used them as a blueprint for their own plans to kill American law enforcement and military personnel,” stated United States Attorney Richard P. Donoghue. “Thanks to the tireless work of law enforcement, they were stopped before they could bring their murderous plans to fruition.”
“Velentzas and Siddiqui were intent on waging violent jihad here in the United States, researching at length historical terrorist attacks on U.S. soil, educating themselves on how to turn propane tanks into explosive devices, and dreaming up plans to kill Americans on our own turf,” stated FBI Assistant Director-in-Charge William F. Sweeney Jr. “Today’s plea is not only a welcome end to this years-long investigation, but a credit to the FBI’s JTTF in New York and our many law enforcement partners who saw this through to the end.”
“This investigation and the subsequent guilty pleas are yet another example of how each day the NYPD and members of the Joint Terrorism Task Force remain vigilant and relentless in their efforts to protect New York City and keep America safe,” stated NYPD Commissioner James P. O’Neill. “I want to commend our law enforcement partners and the U.S. Attorney’s Office for the Eastern District for helping to bring these individuals to justice.”
Between approximately 2013 and 2015, Velentzas and Siddiqui planned to build a bomb for use in a terrorist attack in the United States. In furtherance of their plan, the defendants taught each other chemistry and electrical skills related to creating explosives and building detonating devices; conducted research on how to make plastic explosives and how to build a car bomb; and shopped for and acquired materials to be used in an explosive device. They discussed similar devices used in past terrorist incidents, including the Boston Marathon bombing, Oklahoma City bombing and 1993 World Trade Center attack, and they researched potential targets of attack, focusing on law enforcement and military-related targets.
Siddiqui’s interest in violent terrorist-related activities was reflected in her written submissions to a radical jihadist magazine edited by Samir Khan, a now-deceased prominent figure and member of the designated foreign terrorist organization, al-Qaeda in the Arabian Peninsula (AQAP). Velentzas similarly espoused violent rhetoric, praising the attacks of Sept. 11, 2001, and stating that being a martyr through a suicide attack guaranteed entrance into heaven. Velentzas specifically singled out government targets stating, “you go for the head” when you commit a terrorist attack.
When the defendants were arrested, law enforcement officers seized propane gas tanks, soldering tools, car bomb instructions, jihadist literature, machetes and several knives from their residences.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Craig R. Heeren, Jennifer M. Sasso, Michael T. Keilty, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.
Two Queens Women Plead Guilty in Connection with Plan to Build Explosive, Destructive Devices Similar to Those Used in Prior Terrorist Attacks in the United StatesRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Asia Siddiqui and Noelle Velentzas, both citizens of the United States and residents of Queens, pleaded guilty to teaching and distributing information pertaining to the making and use of an explosive, destructive device, and weapon of mass destruction, intending that it be used to commit a federal crime of violence. The guilty pleas were entered before United States District Court Judge Sterling Johnson, Jr. When sentenced, the defendants face up to 20 years in prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the guilty pleas.
“In an effort to implement their violent, radical ideology, the defendants studied some of the most deadly terrorist attacks in U.S. history, and used them as a blueprint for their own plans to kill American law enforcement and military personnel,” stated United States Attorney Donoghue. “Thanks to the tireless work of law enforcement, they were stopped before they could bring their murderous plans to fruition.” Mr. Donoghue expressed his grateful appreciation to the FBI’s Joint Terrorism Task Force, which comprises a large number of federal, state and local agencies from the region, for its outstanding work during the investigation.
“Inspired by radical Islam, Velentzas and Siddiqui researched and taught each other how to construct bombs to be used on American soil against law enforcement and military targets,” stated Assistant Attorney General Demers. “They were thwarted by the excellent work of the agents, analysts and prosecutors who are responsible for this investigation and prosecution. For this, we are grateful.”
“Velentzas and Siddiqui were intent on waging violent jihad here in the United States, researching at length historical terrorist attacks on U.S. soil, educating themselves on how to turn propane tanks into explosive devices, and dreaming up plans to kill Americans on our own turf,” stated FBI Assistant Director-in-Charge Sweeney. “Today’s plea is not only a welcome end to this years-long investigation, but a credit to the FBI’s JTTF in New York and our many law enforcement partners who saw this through to the end.”
“This investigation and the subsequent guilty pleas are yet another example of how each day the NYPD and members of the Joint Terrorism Task Force remain vigilant and relentless in their efforts to protect New York City and keep America safe,” stated NYPD Commissioner O’Neill. “I want to commend our law enforcement partners and the U.S. Attorney’s Office for the Eastern District for helping to bring these individuals to justice.”
Between approximately 2013 and 2015, Velentzas and Siddiqui planned to build a bomb for use in a terrorist attack in the United States. In furtherance of their plan, the defendants taught each other chemistry and electrical skills related to creating explosives and building detonating devices; conducted research on how to make plastic explosives and how to build a car bomb; and shopped for and acquired materials to be used in an explosive device. They discussed similar devices used in past terrorist incidents, including the Boston Marathon bombing, Oklahoma City bombing and 1993 World Trade Center attack, and they researched potential targets of attack, focusing on law enforcement and military-related targets.
Siddiqui’s interest in violent terrorist-related activities was reflected in her written submissions to a radical jihadist magazine edited by Samir Khan, a now-deceased prominent figure and member of the designated foreign terrorist organization, al-Qaeda in the Arabian Peninsula (“AQAP”). Velentzas similarly espoused violent rhetoric, praising the attacks of September 11, 2001, and stating that being a martyr through a suicide attack guaranteed entrance into heaven. Velentzas specifically singled out government targets stating, “you go for the head” when you commit a terrorist attack.
When the defendants were arrested, law enforcement officers seized propane gas tanks, soldering tools, car bomb instructions, jihadist literature, machetes and several knives from their residences.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Craig R. Heeren, Jennifer M. Sasso, Michael T. Keilty, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.
The Defendant:
NOELLE VELENTZAS
Age: 31
Queens, New YorkASIA SIDDIQUI (also known as “Najma Samaa” and “Murdiyyah”)
Age: 35
Queens, New YorkE.D.N.Y. Docket No. 15-CR-213 (SJ)
Six Bloods Members and Associates Charged with Narcotics Trafficking on Long IslandRead the Press Release
An 11-count superseding indictment was unsealed in federal court in Central Islip charging Rashaan Corbin, Miles Lamarca, Sharied Legette, Alex Murphy, Taieek Smith and Andre Turner – members or associates of the Bloods street gang – with multiple crimes for their participation in drug distribution in Babylon, New York, and surrounding neighborhoods. Lamarca was arrested on August 15, 2019 and will be arraigned this afternoon before United States Magistrate Judge A. Kathleen Tomlinson. Legette and Turner were arrested last month and ordered detained. Smith is in state custody and will be arraigned at a future date on the superseding indictment with Corbin and Murphy, who were charged in the original indictment in March 2019.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Raymond Donovan, Special Agent-in-Charge, Drug Enforcement Administration (DEA), Timothy Sini, District Attorney, Suffolk County District Attorney’s Office (SCDA), and Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), announced the charges.
As alleged in court filings, between approximately March 2013 and April 2019, the defendants distributed heroin, fentanyl, fentanyl analogues, cocaine or crack cocaine in and around Babylon. They often used firearms to protect their turf and narcotics from members of other street gangs. During the course of the investigation, members of law enforcement seized more than $120,000 in cash, five semi-automatic handguns, drug paraphernalia and materials used to package narcotics for distribution.
“Drugs, gangs and guns are a dangerous combination, putting our communities at grave risk,” stated United States Attorney Donoghue. “This Office and our federal and state law enforcement partners will continue to work tirelessly to remove drug-dealing gang members from our streets.”
“Members and associates of street gangs go to great lengths to defend their respective territories, at times engaging in acts of violence to prevent others from invading the areas they control. When narcotics are involved, the stakes are even higher. The people of our communities deserve to live in a society that is free from violence. The FBI will continue to aggressively investigate these cases and work together with our partners in disrupting and dismantling this type of illegal activity,” stated FBI Assistant Director-in-Charge Sweeney.
“Today’s arrest marks the end of a criminal organization alleged to have spread drugs, violence, and mayhem throughout Long Island communities,” stated DEA Special Agent- in-Charge Donovan. “This investigation is one example of collaborative law enforcement efforts to make our cities safer by focusing on gang-related crime and violence.”
“Gang activity often goes hand-in-hand with illicit drug sales and the illegal possession of weapons, which are used as protection for narcotics operations like this one,” stated Suffolk County District Attorney Sini. “Make no mistake: these defendants, who are members and associates of the violent Bloods street gang, were driving crime in a variety of ways in our communities, and these indictments put an end to that enterprise. We will continue to work collaboratively with our federal partners, including the cross-designation of prosecutors, so that we can effectively target and arrest impact players.”
“The success of our coordinated efforts with our law enforcement partners is evident in the takedown of these Bloods gang members and associates who ran a narcotics operation for six years,” stated SCPD Commissioner Hart. “We remain committed to arresting those who make a living off of selling illicit drugs and poisoning our communities. Interagency collaboration plays a significant role in creating the safest environment for our residents, and I would like to thank the Eastern District of New York for their unwavering commitment to ridding neighborhoods of narcotics.”
The charges in the indictments are allegations, and the defendants are presumed innocent unless and until proven guilty.
If convicted, Corbin, Legette, Murphy and Smith face a maximum of life imprisonment; Lamarca and Turner face up to 40 years in prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the its renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Christopher C. Caffarone, Mark E. Misorek and Special Assistant United States Attorney Melissa J. Turk are in charge of the prosecution.
New Defendants:
MILES LAMARCA (also known as “Shaq”)
Age: 21
Babylon, New YorkSHARIED LEGETTE (also known as “Chalk” and “Rico”)
Age: 22
Wyandanch, New YorkTAIEEK SMITH
Age: 23
Wyandanch, New YorkANDRE TURNER (also known as “X”)
Age: 29
Wyandanch, New YorkPreviously Indicted Defendants:
RASHAAN CORBIN (also known as “Ra” and “Ra Money”)
Age: 23
Mastic, New YorkALEX MURPHY (also known as “Buddha” and “Tall Guy”)
Age: 33
West Babylon, New YorkE.D.N.Y. Docket No. 19-CR-124 (DRH)
Long Island Man Extradited from Ireland to Face Child Pornography and Sexual Exploitation ChargesRead the Press Release
Daniel Mullan will be arraigned this afternoon in federal court in Central Islip before United States Magistrate Judge A. Kathleen Tomlinson on an indictment charging him with sexual exploitation of a child, transportation of a minor with intent to engage in sexual activity and possession of child pornography. Mullan was extradited to the United States from Ireland on August 15, 2019.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), announced the extradition and charges.
“As alleged, Daniel Mullan victimized children here and abroad for decades by sexually abusing them and recording these acts,” stated United States Attorney Donoghue. “The protection of children is a priority of this Office and the Department of Justice. Those who exploit and victimize children will be identified and brought to justice.” Mr. Donoghue extended his grateful appreciation to the FBI’s Long Island Child Exploitation and Human Trafficking Task Force, comprising the FBI and local law enforcement agencies, for its investigative work and assistance in the case.
“As alleged in the indictment, Mr. Mullan has sexually abused children for decades, robbing them of the innocence all children deserve,” stated FBI Assistant Director-in-Charge Sweeney. “The Long Island Child Exploitation and Human Trafficking Task Force along with the FBI's Victim Specialists are committed to identifying and providing assistance to all of Mr. Mullan’s victims. We are asking anyone who may have been a victim of Mr. Mullan to call us at 1-800-CALL-FBI. We believe there are other children who were victimized and we would like to hear from them.”
“For years, Daniel Mullan preyed on children robbing them of their innocence and he will now have to answer for his horrifying crimes,” stated SCPD Commissioner Hart. “I applaud the tireless work of the Eastern District of New York and the FBI’s Long Island Child Exploitation and Human Trafficking Task Force, who are dedicated to protecting our children and bringing those who target them to justice.”
According to court filings, in the summer of 2017, the FBI executed search warrants at Mullan’s residence in Elmont, New York, and his rental storage unit in Melville, and seized hundreds of images and videos of child pornography. Several videos depicted Mullan engaged in sexual acts with teenage boys dating back to the early 1980s. Numerous victims were then identified, including a male juvenile with whom Mullan traveled in the United States and abroad between 1999 and 2006 for the purpose of engaging in sex and recording it for himself and to sell to others.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Mullan faces a mandatory minimum of 10 years’ and a maximum of 20 years’ imprisonment.
This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Department of Justice Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit: www.projectsafechildhood.gov.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Michael Maffei is in charge of the prosecution. The Department of Justice’s Office of International Affairs assisted in the extradition.
The Defendant:
DANIEL MULLAN
Age: 80
Elmont, New YorkE.D.N.Y. Docket No. 17-CR-495 (ADS)
Long Island Man Convicted of Trafficking Narcotics in South BrooklynRead the Press Release
Earlier today, following a two-week trial, a federal jury in Brooklyn returned a guilty verdict against Rafael Antonio Fabian for conspiring to distribute and possess with intent to distribute narcotics, specifically crack cocaine. When sentenced by United States Chief District Court Judge Dora L. Irizarry, the defendant faces a mandatory minimum sentence of 10 years in prison and a maximum of life imprisonment. Chief Judge Irizarry ordered the defendant remanded.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, announced the verdict.
“With today’s verdict and the previous guilty pleas of his co-conspirators, Fabian’s poison-pushing drug trafficking operation has been dismantled,” stated United States Attorney Donoghue. “Together with our law enforcement partners, this Office will be unrelenting in pursuing networks like Fabian’s that imperil our communities.” Mr. Donoghue expressed his grateful appreciation to the Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department for their assistance during the investigation.
“This conviction sends a message that law enforcement is committed to putting traffickers in jail and taking drugs off the streets,” stated DEA Special Agent-in-Charge Donovan. "I commend the New York Drug Enforcement Task Force and the Eastern District of New York on their diligent work."
As proven at trial, between January 2014 and March 2016, Fabian conspired with others to supply drug dealers in the Sunset Park and Bay Ridge neighborhoods of Brooklyn, and elsewhere. Fabian, who referred to himself using the aliases “Calvo,” “Rafaelito” and “Alofoke Music,” supplied co-conspirators with Blackberry phones that he believed to be secure because the messages were encrypted. The evidence at trial included testimony from co-conspirators, narcotics seizures, ledgers containing the names of drug customers and transactions, and more than 50 pages of messages from Blackberry phones seized from co-conspirators detailing their drug trafficking activity.
Fabian and his co-conspirators maintained a stash apartment in Sunset Park and employed a crew of runners to deliver the narcotics. When making deliveries himself, Fabian drove several vehicles including an Audi sedan equipped with a secret trap compartment in the glove box to hide the drugs inside.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Drew G. Rolle and James P. McDonald are in charge of the prosecution.
The Defendant:
RAFAEL ANTONIO FABIAN (also known as “Rafaelito” and “Calvo”)
Age: 43
Baldwin, New YorkE.D.N.Y. Docket No. 16-CR-131 (S-1) (DLI)
Defendant Pleads Guilty to Conspiring to Provide Material Support to ISISRead the Press Release
Azizjon Rakhmatov, a citizen of Uzbekistan and resident of New Haven, Connecticut, pleaded guilty today to conspiring to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS). Today’s plea took place before United States District Court Judge William F. Kuntz, II. When sentenced, Rakhmatov faces up to 15 years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; William F. Sweeney, Jr., Assistant Director-in-Charge, (FBI), New York Field Office; and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the guilty plea.
According to court filings, Rakhmatov’s co-defendants Abdurasul Juraboev and Akhror Saidakhmetov planned to travel to Syria to fight on behalf of ISIS. Rakhmatov and co-defendant Abror Habibov discussed providing their own money to cover Saidakhmetov’s travel expenses and to purchase a firearm for Saidakhmetov once he arrived in Syria. Rakhmatov also agreed to collect money from others to fund Saidakhmetov’s travel. On the day before Saidakhmetov’s scheduled departure, Rakhmatov transferred $400 into co-defendant Akmal Zakirov’s personal bank account to facilitate Saidakhmetov’s travel to and expenses in Syria.
Juraboev, Saidakahmetov, Habibov and Zakirov have previously pleaded guilty. Juraboev and Saidakahmetov each were sentenced to 15 years’ imprisonment. Habibov and Zakirov are awaiting sentencing.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Douglas M. Pravda, David K. Kessler, and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Steven Ward of the National Security Division’s Counterterrorism Section.
The Defendant:
AZIZJON RAKHMATOV
Age: 32
New Haven, ConnecticutE.D.N.Y. Docket No. 15-CR-95 (S-3)
Defendant Pleads Guilty to Conspiring to Provide Material Support to ISISRead the Press Release
Azizjon Rakhmatov, 32, a citizen of Uzbekistan and resident of New Haven, Connecticut, pleaded guilty today to conspiring to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS). Today’s plea took place before U.S. District Court Judge William F. Kuntz II.
John C. Demers, Assistant Attorney General for National Security; Richard P. Donoghue, U.S. Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, FBI, New York Field Office; and James P. O’Neill, Commissioner, New York City Police Department (NYPD), made the announcement.
According to court filings, Rakhmatov’s co-defendants Abdurasul Juraboev and Akhror Saidakhmetov planned to travel to Syria to fight on behalf of ISIS. Rakhmatov and co-defendant Abror Habibov discussed providing their own money to cover Saidakhmetov’s travel expenses and to purchase a firearm for Saidakhmetov once he arrived in Syria. Rakhmatov also agreed to collect money from others to fund Saidakhmetov’s travel. On the day before Saidakhmetov’s scheduled departure, Rakhmatov transferred $400 into co-defendant Akmal Zakirov’s personal bank account to facilitate Saidakhmetov’s travel to and expenses in Syria.
Juraboev, Saidakahmetov, Habibov and Zakirov have previously pleaded guilty. Juraboev and Saidakahmetov each were sentenced to 15 years’ imprisonment. Habibov and Zakirov are awaiting sentencing. When sentenced, Rakhmatov faces up to 15 years’ imprisonment.
Assistant United States Attorneys Douglas M. Pravda, David K. Kessler, and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Steven Ward of the National Security Division’s Counterterrorism Section.
Defendant Extradited to the United States from Mexico to Face Sex Trafficking ChargesRead the Press Release
Jose Miguel Melendez-Rojas was extradited to the United States yesterday, and is scheduled to be arraigned today before United States Magistrate Judge Vera M. Scanlon at the federal courthouse in Brooklyn on an 18-count indictment charging him with sex trafficking conspiracy, sex trafficking of minors, interstate prostitution, alien smuggling and money laundering conspiracy. Melendez-Rojas was arrested in February 2019 in Mexico following a joint investigation by U.S. Immigration and Customs Enforcement, Homeland Security Investigations, Mexico City and New York Offices, and the Mexican Federal Police. Melendez-Rojas is charged with five co-defendants: two were extradited from Mexico to the United States in October 2018, and three were previously arrested in the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations (HSI), New York, announced the extradition and charges.
“With this extradition, the defendant Jose Miguel Melendez-Rojas will be held accountable in a United States court for sex trafficking women and girls and related crimes,” stated United States Attorney Donoghue. “The Department of Justice is committed to prosecuting to the fullest extent of the law those who profit from forcing vulnerable victims into sexual servitude.”
“Melendez-Rojas was flown thousands of miles to face charges for his role in trafficking and victimizing young women purely for profit. It’s alleged that he, with others in this ‘family business,’ used intimidation and abuse to force their victims to participate in sexual acts against their will,” stated HSI Special Agent-in-Charge Fitzhugh. “The safety and well-being of the victim comes first and we will continue to work with our law enforcement partners in ensuring these criminal organizations cease to victimize for revenue.”
As alleged in the second superseding indictment and other court filings, between 2006 and July 2017, Melendez-Rojas, and his co-defendant relatives, smuggled young women and girls from Mexico into the United States, where they were forced to work as prostitutes in New York City and elsewhere. The defendants conspired to launder the proceeds of their sex-trafficking and prostitution activities to conceal the illicit nature of the proceeds.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted of the sex-trafficking-related charges, each defendant faces a mandatory minimum sentence of 15 years’ and a maximum of life imprisonment.
Mr. Donoghue commended HSI New York’s Trafficking in Persons Unit for leading the investigation, and thanked the HSI Mexico City Attaché Office, the Department of Justice’s Office of International Affairs, the State Department, Interpol and the New York City Police Department for their assistance. He also extended his grateful appreciation to the government of Mexico for its role in advancing bilateral anti-trafficking enforcement efforts, and acknowledged the non-governmental victim service providers and advocates for their dedicated efforts to restore and improve the lives of survivors of trafficking and their families.
The investigation, prosecution, bilateral enforcement action and extradition of the defendants apprehended in Mexico were coordinated through the U.S.-Mexico Bilateral Human Trafficking Enforcement Initiative. Since 2009, the Departments of Justice and Homeland Security have collaborated with Mexican law enforcement counterparts in the bilateral initiative to more effectively dismantle human trafficking networks operating across the U.S.-Mexico border, bring human traffickers to justice, restore the rights and dignity of human trafficking victims and reunite victims with their children. These efforts have resulted in successful prosecutions in both Mexico and the United States, including U.S. federal prosecutions of more than 170 defendants in multiple cases in Georgia, New York, Florida and Texas, in addition to numerous Mexican federal and state prosecutions of associated sex traffickers. The extraditions in this case are the latest development in the Eastern District of New York’s comprehensive anti-trafficking program, which has to date indicted more than 80 defendants for sex trafficking; assisted more than 150 victims, including over 40 minors; reunited 19 victims’ children with their mothers; and secured restitution orders of over $4 million on behalf of trafficking victims.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorneys Erin E. Argo and Monica K. Castro are in charge of the prosecution.
The New Defendant:
JOSE MIGUEL MELENDEZ-ROJAS
Age: 45
MexicoDefendants Previously Arrested:
FRANCISCO MELENDEZ-PEREZ (also known as “Paco” and “el Mojarra”)
Age: 25
Queens, New YorkFABIAN REYES-ROJAS
Age: 39
Queens, New YorkABEL ROMERO-MELENDEZ (also known as “La Borrega” and “Borrego”)
Age: 33
Queens, New YorkJOSE OSVALDO MELENDEZ-ROJAS
Age: 45
MexicoROSALIO MELENDEZ-ROJAS (also known as “Leonel, “Wacho” and “El Guacho”)
Age: 37
MexicoE.D.N.Y. Docket No. 17-CR-434 (ARR)
Ukrainian Woman Sentenced to 20 Years in Prison for Producing Child PornographyRead the Press Release
Earlier today, in federal court in Central Islip, Olena Kalichenko, a citizen of Ukraine, was sentenced by United States Circuit Judge Joseph F. Bianco to 20 years’ imprisonment, following her April 2016 guilty plea to conspiracy to sexually exploit a child, sexual exploitation of a child, production of child pornography for importation into the United States, and transportation of child pornography. Upon completion of her prison sentence, Kalichenko will be required to register as a sex offender, and faces deportation to Ukraine. Kalichenko was arrested in July 2014, when she traveled to the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the sentence.
“The defendant’s lengthy prison sentence should serve as a warning to anyone who victimizes children by producing and trafficking child pornography, on the internet or otherwise: You will be identified, apprehended, prosecuted and punished,” stated United States Attorney Donoghue. Mr. Donoghue thanked the Federal Bureau of Investigation (FBI) and the Suffolk County Police Department (SCPD) for their assistance in this case.
Between April 2012 and November 2012, Kalichenko produced 46 custom-made videos of child pornography, scripted by co-defendant Joseph Valerio, depicting a two-year-old girl in Ukraine. In exchange for thousands of dollars, Kalichenko emailed the videos to Valerio, who resided in Smithtown, Long Island. In January 2014, FBI agents and SCPD officers executed a search warrant at Valerio’s residence and found hidden cameras, costumes, a wooden stage, computers and other electronic devices. A forensic examination of the computers and electronic devices revealed that Valerio had produced child pornography in the basement of his house involving a six-year-old girl.
Valerio was convicted by a federal jury in November 2014 of conspiracy to sexually exploit a child, sexually exploiting a child, and transporting, receiving and possessing child pornography. He was subsequently sentenced to 60 years’ imprisonment.
This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Ameet B. Kabrawala and Allen L. Bode are in charge of the prosecution.
The Defendants:
Olena Kalichenko
Age: 32
UkraineJoseph Valerio
Age: 52
Smithtown, New YorkE.D.N.Y. Docket No. 14 CR 94 (JFB)
E.D.N.Y. Docket No. 14 CR 95 (JFB)
Former New York City Correction Officer Pleads Guilty to Conspiring to Smuggle Contraband into Rikers Island JailRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Simon Gordon, a former correction officer employed by the New York City Department of Correction (“DOC”), pleaded guilty to conspiring to accept bribes in exchange for smuggling contraband into a jail on Rikers Island. The plea proceeding took place before United States District Judge Carol Bagley Amon. When sentenced, Gordon faces up to five years in prison and a fine of up to $250,000.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), announced the guilty plea.
From approximately January 2018 through July 2018, Gordon agreed to accept bribes in exchange for smuggling contraband, including marijuana, into one of the jails on Rikers Island. On July 29, 2018, DOI investigators monitoring a telephone call between Gordon’s co-conspirators overheard a discussion about a cash payment made to Gordon in exchange for smuggling contraband into the jail. Specifically, co-conspirator 2 told co-conspirator 1 that Gordon was given two “bands,” coded language referring to $2,000, and that co-conspirator 2 had “six balls,” code for six packages of narcotics, for Gordon.
On July 30, 2018, when Gordon arrived for work, he was searched and found to have a package containing marijuana concealed in the crotch of his pants. The package was coated with clear nail polish, to mask the smell of marijuana.
“Gordon betrayed the trust placed in him as a correction officer when he accepted bribes to smuggle contraband into Rikers Island, jeopardizing the safety and security of the correctional facility,” stated United States Attorney Donoghue. “This Office is committed to working with its law enforcement partners to identify and hold accountable those like Gordon who corrupt our correctional institutions.” Mr. Donohue extended his grateful appreciation to DOI for its outstanding investigation.
“City correction officers who accept bribes to transport contraband into correctional facilities undermine the safety and security of the jails, as well as of their fellow officers,” stated DOI Commissioner Garnett. “In this case, a correction officer who pocketed cash in return for bringing in marijuana to Rikers Island is now convicted and no longer a city employee – sending a strong message that New York City has no tolerance for this illegal conduct. I want to thank the Office of the United States Attorney for the Eastern District of New York for its partnership in this investigation and the successful prosecution of the matter.”
The government’s case is being prosecuted by Assistant United States Attorney F. Turner Buford.
The Defendant:
SIMON GORDON
Age: 24
Bronx, New YorkE.D.N.Y. Docket No. 19-CR-352 (CBA)
Brooklyn Man Pleads Guilty to Investment Scheme that Defrauded Elderly VictimsRead the Press Release
Earlier today in federal court in Brooklyn, John Cucinella, the former investment manager of Mackrow Asset Management Group (Mackrow), a purported asset management firm located in Brooklyn, pleaded guilty to securities fraud. As part of his plea, Cucinella agreed to forfeit $948,530 that he misappropriated from investors. The guilty plea was before United States Magistrate Judge Steven L. Tiscione.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
“John Cucinella represented himself to investors as a ‘financial concierge’, but rather than service the needs of elderly investors, he swindled them out of thousands of dollars and then spent the money on himself,” stated United States Attorney Donoghue. “The Department of Justice and this Office are committed to prosecuting to the fullest extent of the law those who prey on vulnerable victims for their own selfish benefit.”
According to court filings and facts presented at the plea proceeding, between approximately March 2015 and April 2018, Cucinella falsely represented to Mackrow investors, many of whom were elderly, that their funds would be used to invest in pre-initial public offering (pre-IPO) shares of private companies, including a company purportedly that manufactured bug spray. In a brochure that Cucinella provided to clients, Mackrow was described as “providing you all the resources of a true financial concierge.” During the same time period, Cucinella transferred more than $400,000 from the Mackrow account to bank accounts he controlled, and spent approximately $108,000 for credit card payments and $40,000 at a Mercedes-Benz dealership in Brooklyn. More than 80 individuals invested approximately $778,000 with Mackrow, and received only $80,818 in return.
The case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney David Gopstein is in charge of the prosecution.
The Defendant:
JOHN CUCINELLA
Age: 41
Residence: Brooklyn, New YorkE.D.N.Y. Docket No. 19-CR-347 (RRM)
Brooklyn Man Charged with Stealing More than $80,000 from New York State Assemblyman’s Campaign AccountRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Maruf Alam with wire fraud in connection with his theft of more than $80,000 in campaign contributions from a New York State Assemblyman’s campaign account. Alam was arrested this morning, made his initial appearance this afternoon before United States Magistrate Judge Sanket J. Bulsara, and was released on a $100,000 bond.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
“As alleged, Alam was caught red-handed using a New York State Assemblyman’s campaign account as his personal piggy bank,” stated United States Attorney Donoghue. “Alam betrayed the trust placed in him to act honestly as the treasurer for the account, and then attempted to cover up his crime by filing false disclosure reports for years. Today’s arrest makes clear that dishonest public employees will face the consequences of their crimes and be prosecuted to the fullest extent of the law.” Mr. Donoghue extended his grateful appreciation to the enforcement staff at the New York State Board of Elections (NYSBOE) for their assistance during the investigation.
“As alleged, Alam violated the trust of an elected New York State Assemblyman by brazenly diverting more than $80,000 in campaign contributions to his own personal accounts,” stated FBI Assistant Director-in-Charge Sweeney. “Alam went to great lengths to conceal his fraud, including traveling to China to illicitly withdraw funds from a campaign account and then filing false disclosure reports with the New York State Board of Elections. Today’s action should serve as a reminder that the FBI will continue to bring to justice those who aim to exploit positions of public trust to satisfy their selfish greed.”
According to the complaint, since 2008 Alam was employed in various capacities, including chief of staff, for a New York State Assemblyman. Alam also acted on a voluntary basis as the treasurer for the Assemblyman’s campaign account, and was responsible for filing periodic disclosure reports with the NYSBOE to disclose contributions received and expenditures made by the Assemblyman’s campaign committee. From approximately January 2012 to January 2019, Alam allegedly stole campaign funds that had been contributed to support the candidacy of the Assemblyman, and deposited the cash into his personal account. For example, campaign account records disclose that on November 9, 2015 and November 13, 2015, two ATM withdrawals from the campaign account were made at two locations in China. Travel records reflect that Alam traveled to China on November 5, 2015, and returned to the United States on November 19, 2015. In total, during the relevant time period, the Assemblyman’s campaign account records reflect approximately $80,000 in cash withdrawals by Alam that were not reported to NYSBOE.
The charges in the complaint are allegations and the defendant is presumed innocent unless and until proven guilty. If convicted, Alam faces a statutory maximum of 20 years’ imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Nathan Reilly and Maria Cruz Melendez are in charge of the prosecution
The Defendant:
MARUF ALAM
Age: 29
Brooklyn, New YorkE.D.N.Y. Docket No. 19-MJ-710
Brooklyn Man Charged with Illegally Exporting Rifle Parts to RussiaRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Vladimir Kuznetsov, a Russian national, with illegally exporting, attempting to export and conspiring to export firearm parts and accessories from the United States to individuals in Russia. Kuznetsov was arrested this morning in Dingsman Ferry, Pennsylvania, and will make his initial appearance this afternoon in Brooklyn before United States Magistrate Judge Sanket J. Bulsara.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York Field Office (HSI), and Leigh-Alistair Barzey, Special Agent-in-Charge, Defense Criminal Investigative Service, Northeast Field Office, (DCIS), announced the charges.
“As alleged in the complaint, Kuznetsov violated laws intended to safeguard our national security” stated United States Attorney Donoghue. “Today’s arrest demonstrates our resolve to investigate and prosecute those who illegally export restricted items without regard for their end use, placing their own enrichment above our country’s interests.” Mr. Donoghue extended his grateful appreciation to the U.S. Department of Commerce, Office of Export Enforcement, United States Customs and Border Protection (CBP), and United States Postal Inspection Service, New York Division (USPIS), for their assistance during the investigation.
“Kuznetsov is alleged to have illegally exported firearm parts to Russia, including parts to assemble rifles, by methodically mislabeling the packages and concealing the parts,” said HSI Special Agent-in-Charge Fitzhugh. “The safety of our nation is paramount in our counter-proliferation cases, and HSI will continue to investigate those who choose to fill their pockets with illicit proceeds by putting the security of our country at risk.”
“Today’s charges are the direct result of a joint effort by the Defense Criminal Investigative Service (DCIS), Homeland Security Investigations, and the U.S. Attorney’s Office, Eastern District of New York, to protect our national security. The DCIS will continue to work with its law enforcement partners to identify, investigate and prosecute individuals who attempt to illegally obtain and export restricted defense technology,” stated DCIS Special Agent-in-Charge Barzey.According to the criminal complaint, from approximately February 2017 to the present, Kuznetsov and others conspired to export and exported from the United States to Russia, firearm parts and other items on the United States Commerce Control List. These items are restricted and cannot be exported from the United States without licenses from the United States Department of State and United States Department of Commerce. Kuznetsov purchased U.S.-origin firearm parts online, including parts used to assemble sniper rifles. He then shipped the firearm parts via the U.S. Postal Service to buyers in Russia. To avoid detection, Kuznetsov provided false descriptions of the items contained in each package, and hid rifle parts inside the packages. For example, in one package seized by CBP in July 2017 at John F. Kennedy International Airport (JFK), Kuznetsov had packed an H-S Precision rifle stock for a Remington 700 series bolt action rifle beneath a Bosch benchtop router table. The only item listed on the package’s shipping label and customs form was benchtop router table. In April 2018, also at JFK, CBP seized another Kuznetsov outbound package, this one containing a rifle chassis and 5-round ammunition magazines, concealed among a pair of sneakers, jeans, a heating pad and blood pressure monitor. The accompanying USPS customs form omitted the rifle chassis and ammunition magazines.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Kuznetsov faces a statutory maximum of 20 years’ imprisonment.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorney Jonathan E. Algor is in charge of the prosecution, assisted by Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section.
The Defendant:
VLADIMIR KUZNETSOV
Age: 58
Coney Island, BrooklynE.D.N.Y. Docket No. 19-MJ-690
Two Arrested for Cross-Country Marijuana Trafficking ConspiracyRead the Press Release
A criminal complaint has been unsealed in the Eastern District of New York charging Kevin Lau, Kenneth Tam and Jack Thai with conspiracy to distribute, and possession with intent to distribute, large quantities of marijuana. Thai was arrested on July 24, 2019 in Las Vegas, Nevada, and made his initial appearance today in federal court in Brooklyn before United States Magistrate Judge Steven L. Tiscione. Thai was released on a $50,000 bond. Tam surrendered to law enforcement yesterday and made his initial appearance yesterday before Magistrate Judge Tiscione. Tam was released on a $500,000 bond. Lau is currently a fugitive.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Angel M. Melendez, Special Agent-in-Charge, Department of Homeland Security, Homeland Security Investigations, New York Field Office (HSI), announced the arrests.
“Today’s arrests end the defendants’ scheme of shipping marijuana by tractor trailer and grounds their use of commercial airline flights to transport illicit drug cash,” stated United States Attorney Donoghue. “Together with HSI, our Office will continue to identify and prosecute traffickers who distribute narcotics into our communities.”
“This trio allegedly operated a coast to coast operation, moving more than 50 tons of marijuana to New York and other cities around the U.S.,” stated HSI Special Agent-in-Charge Melendez. “Over the course of 3 years, trucks were used to move the product east, as far as Queens, while the proceeds were smuggled back to the west coast by plane. HSI’s Border Enforcement Security Task Force followed the money in this large-scale drug distribution conspiracy, which resulted in the three arrests this morning. These individuals will now make that same trip, from West Coast to East Coast, to face prosecution.”
As alleged in court documents, between February 2015 and December 2018, the defendants conspired to ship multiple kilogram quantities of marijuana by tractor trailer from California and Washington State to Queens and elsewhere for distribution. The shipping crates used to transport the marijuana were falsely labeled as containing furniture, clothing and other merchandise. Lau’s co-conspirators stored the crates in commercial facilities and residences in Queens and other locations in New York City. The cash proceeds of the marijuana were then smuggled back to the West Coast concealed in luggage on commercial airlines.
During the investigation, HSI agents seized approximately $500,000 in cash from members of the conspiracy. Based on records of more than 200 marijuana shipments and the seizures of marijuana by law enforcement, HSI estimates that the defendants transported more than 100,000 pounds of marijuana, marijuana oil and drug paraphernalia.
If convicted, the defendants face a mandatory minimum of 10 years’ imprisonment, and up to life in prison.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorneys James P. McDonald and Philip Pilmar are in charge of the prosecution.
The Defendants:
KEVIN LAU
Age: 34
San Francisco, CaliforniaKENNETH TAM
Age: 35
San Francisco, CaliforniaJACK THAI
Age: 39
Las Vegas, NevadaE.D.N.Y. Docket No. 19-MJ-626
Long Island Man Pleads Guilty to $1 Million Bank Loan and Credit Card Fraud SchemesRead the Press Release
Marcello Sozio, the former operator of Andi Hyperbarics LLC, a hyperbaric oxygen chamber business based in Great Neck, New York, and Chicago, Illinois, pleaded guilty earlier today to wire fraud in connection with a scheme to defraud banks and a customer of his business. The proceeding was held before United States Magistrate Judge Steven I. Locke at the federal courthouse in Central Islip. When sentenced, Sozio faces up to 20 years in prison. As part of his guilty plea, Sozio agreed to pay approximately $1.1 million in restitution.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the guilty plea.
“Sozio committed a fraud trifecta by duping lenders, cheating his business partners and stealing from the parent of a child for treatment he never provided,” stated United States Attorney Donoghue. “The defendant now faces the consequences for pocketing hundreds of thousands of dollars in unauthorized loans and fraudulent credit card charges.”
“Stealing from anyone is criminal, however stealing from a parent seeking treatment for a child is unconscionable,” stated FBI Assistant Director-in-Charge Sweeney. “It may often seem as though white collar crimes don’t really impact people because it is mostly about money. However this case proves the devastating real life consequences criminals can have on their victims, and the FBI works diligently every day to bring justice to everyone who is unfortunately impacted by fraudsters like Mr. Sozio.”
“Liars, cheats and scammers should know that karma is always a handcuff away. Today’s plea represents the hard work and dedication of law enforcement to follow the facts and the money in investigations like these to ensure there is justice for victims,” stated USPIS Inspector-in-Charge Bartlett.
According to court filings and facts presented at the plea proceeding, between March 2014 and December 2016, Sozio applied for and obtained approximately $770,000 in loans for a business offering hyperbaric oxygen services as a form of medical treatment. In the applications submitted to lenders, Sozio falsely represented that his business partners had authorized him to apply for these loans on their behalf. Sozio used the loan proceeds for his personal benefit, leaving his former partners liable for the full amount.
Additionally, between September 2016 and December 2016, Sozio charged the parent of a minor child, who had received some hyperbaric oxygen treatments, approximately $230,000 for services that he falsely claimed had been provided.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Madeline M. O’Connor are in charge of the prosecution.
The Defendant:
MARCELLO SOZIO
Age: 62
Huntington, New YorkE.D.N.Y. Docket No. 18-CR-58 (DRH)
Former Federal Bureau of Prisons Lieutenant Sentenced to 25 Years in Prison for Sexual Abuse and Violation of Civil Rights ConvictionsRead the Press Release
Earlier today, Eugenio Perez was sentenced before Judge Kiyo A. Matsumoto in U.S. District Court in Brooklyn, New York to 25 years’ imprisonment following his convictions on six counts of deprivation of civil rights under color of law, four counts of aggravated sexual abuse, five counts of sexual abuse in a federal prison, six counts of sexual abuse of a ward, one count of attempted sexual abuse of a ward, and one count of abusive sexual contact. As part of his sentence, Perez is also required to register as a sex offender. At the time of the offenses, Perez was a federal correctional officer with the rank of Lieutenant employed by the United States Bureau of Prisons (BOP) at the Metropolitan Detention Center in Brooklyn, New York (MDC). In January 2017, he was suspended by the BOP after his arrest. Perez was convicted after a two-week jury trial in May 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Guido Modano, Special Agent-in-Charge, United States Department of Justice Office of the Inspector General, New York Field Office (DOJ OIG), and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“While serving as a Lieutenant at the MDC, the defendant used force, fear and intimidation to violate his sworn duty and the civil rights of multiple female inmates in his custody through repeated sexual abuse of his victims,” stated United States Attorney Donoghue. “Today’s sentence appropriately reflects the gravity and seriousness of the defendant’s crimes, and demonstrates our steadfast commitment to hold accountable correctional officers who abuse their positions of authority.”
“Perez abused his power and took advantage of female inmates under his control and supervision through manipulation and intimidation,” stated DOJ OIG Special Agent-in-Charge Modano. “He betrayed his duty as an officer of the Department of Justice and used his position of authority to satisfy his own desires by victimizing inmates. Today’s sentence shows that this kind of abuse will not be tolerated, and those who violate the civil rights of federal inmates, and disgrace the honorable profession of federal correctional officers will sternly be brought to justice.”
“We are a society governed by law, and we expect and demand that those convicted of crimes receive humane punishment according to the law,” stated FBI Assistant Director-in-Charge Sweeney. “Correctional officers have a truly difficult job, and most perform their duties with honor and integrity. Today’s sentencing reflects the accountability we demand of those who hold these positions of power. Sexual abuse in correctional facilities will never be tolerated by the FBI or our law enforcement partners.”
Over a three-year period between January 2013 and September 2016, Perez used his position as an officer at the MDC to engage in sexual acts and contact with five female inmates under his supervisory and disciplinary authority. The victims, identified in the indictment as “Jane Doe #1” through “Jane Doe #5,” testified that Perez lured them into isolated locations, used physical force and intimidation to compel the victims to engage in sexual acts with him, including oral sex, and used his authority over them to ensure that they did not report the abuse.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorney Nadia Shihata is in charge of the prosecution.
The Defendant:
EUGENIO PEREZ
Age: 49
Brooklyn, NYE.D.N.Y. Docket No. 17-CR-280 (KAM)
Former Federal Correctional Officer Sentenced to 7 Years’ Imprisonment for Soliciting a Crime of Violence and Possessing a FirearmRead the Press Release
Earlier today, George Gonzalez, a former officer with the Federal Bureau of Prisons assigned to the Metropolitan Detention Center in Brooklyn (MDC), was sentenced to seven years’ imprisonment by United States District Judge Roslynn R. Mauskopf. Gonzalez pleaded guilty on March 16, 2018 to one count of solicitation to commit a crime of violence and one count of possession of a firearm while subject to a protective order.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Guido Modano, Special Agent-in-Charge, United States Department of Justice, Office of the Inspector General, New York Field Office (DOJ OIG), announced the guilty plea.
“Gonzalez, a former federal correctional officer, will fittingly serve time in a prison cell for soliciting an inmate, and a hit team he believed were gang members, to brutally attack his former wife and her spouse,” stated United States Attorney Donoghue. “Thanks to the swift response of our law enforcement partners, including the ATF undercover agents, Gonzalez’s plan was thwarted.” Mr. Donoghue expressed his grateful appreciation to the United States Bureau of Prisons for their assistance during the investigation.
“Mr. Gonzalez hatched a plan that would have resulted in a brutal attack on his estranged wife and her new partner. Today’s sentencing sends a loud and clear message that those planning heinous acts of violence will be met with swift justice and appropriate punishment by our criminal justice system,” stated ATF Special Agent-in-Charge Devito. “ATF stands firm on protecting the public from violent criminals of all kinds. I would like to thank the Special Agents and Task Force Officers of the NYPD/ ATF Joint Robbery Task Force, the Federal Bureau of Prisons and the Office of the Inspector General for their coordination and diligent efforts on this case. I would also like to extend my gratitude to the United States Attorney’s Office for their work in prosecuting the case.”
“In the process of attempting to carry out a brutal attack, Gonzalez put many lives at risk and abused his authority with extremely violent intentions,” stated DOJ OIG Special Agent-in-Charge Modano. “Federal inmates should never be solicited for crimes, not least by correctional officers. This case should serve as an example to anyone that dares to threaten the integrity of the law enforcement profession.”
In November 2016, Gonzalez approached an inmate under his supervision and asked him to locate someone willing to carry out a “hit.” The inmate reported the request to law enforcement. Thereafter, Gonzalez had multiple recorded meetings and conversations with individuals he believed to be gang members, but who were actually undercover ATF agents. Gonzalez offered to pay them to have his ex-wife and her new spouse assaulted and tortured, and make it “look like a robbery.” He added that they should “take a hammer to the spine” so that the victims would be paralyzed and “suffer … for the rest of their lives … that’s how I do business … I have no compassion for anybody.” Gonzalez then provided the supposed gang members with photographs and pedigree information of the intended victims.
Agents executed a search warrant at the defendant's residence in Staten Island, and seized two loaded, unlicensed handguns. At the time he solicited the attacks, Gonzalez was subject to an order of protection issued by the Richmond County Family Court, prohibiting him from having any contact with his ex-wife and requiring him to surrender any firearms in his possession.
Assistant U.S. Attorney Artie McConnell is in charge of the prosecution.
The Defendant:
George Gonzalez
Age: 56
Staten Island, New YorkE.D.N.Y. Docket No. 17-CR-51 (RRM)
Member of New York-Based Robbery Crew Sentenced to 25 Years in Prison for Kidnapping, Torture and Murder of VictimRead the Press Release
Earlier today, in federal court in Brooklyn, Wendell Alomar-Cabrera, a citizen of the Dominican Republic, was sentenced by United States District Judge Nicholas G. Garaufis to 25 years’ imprisonment for his role in the October 16, 2006, murder of Luis Sifuentes in Durham, North Carolina. In November 2013, Alomar-Cabrera pleaded guilty to the murder of Sifuentes, which was committed during the course of a kidnapping and robbery.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the sentence.
“Through his involvement in violent armed robberies and a murder, Alomar-Cabrera earned today’s sentence,” stated United States Attorney Donoghue. “This Office and our law enforcement partners will continue to use every available resource to investigate and prosecute violent criminals like this defendant.” Mr. Donoghue expressed his grateful appreciation to the Bronx County District Attorney’s Office, the United States Drug Enforcement Administration and New York City Police Department for their outstanding role leading the investigation, and thanked the New York State Police, the Durham County District Attorney’s Office and the Durham, North Carolina Police, Special Operations Division, Major Crimes Unit for their assistance.
Between May 2003 and August 2008, the robbery crew was responsible for more than 100 violent, armed robberies of narcotics traffickers along the east coast of the United States. Crew members posed as police officers to subdue narcotics traffickers and their families, and then kidnapped, tortured and robbed the victims. Alomar-Cabrera participated in approximately 15 of the robberies that netted approximately 80 kilograms of cocaine, a quantity of marijuana and multiple guns.
In 2006, Alomar-Cabrera and other members of the crew traveled from New York to North Carolina for the purpose of robbing drug traffickers. On October 16, 2006, crew members drove a vehicle equipped with lights and sirens, and executed a police-style stop of Sifuentes’ pickup truck after he left a nightclub. The crew kidnapped Sifuentes near Durham and drove him to a rented house where, for several hours, Alomar-Cabrera and other crew members beat Sifuentes with their fists and a wooden stick, pushed his head under water in a bathtub and burned him with a hot knife in an effort to learn the location of the victim’s drugs and drug money. Several hours later, crew members carried Sifuentes outside, put him in his truck and shot him twice, killing him. Alomar-Cabrera then poured gasoline throughout the truck and set it on fire.
Alomar-Cabrera’s sentence is the most recent of more than 50 convictions and sentencings in a group of interlocking cases brought in the Eastern District of New York against members of violent drug robbery crews who impersonated police officers and frequently committed robberies with real police officers. Four other defendants have previously been sentenced for their roles in the murder of Sifuentes.
The government’s case is being prosecuted by Assistant United States Attorney Douglas M. Pravda.
The Defendant:
WENDELL ALOMAR-CABRERA (also known as “Gregorio”)
Age: 40
Dominican RepublicE.D.N.Y. Docket No. 08-CR-115 (NGG)
Criminal Defense Attorney Sentenced to 60 Days of Confinement, Four Years of Probation, 80 Hours of Community Service, and Fined $2,000 for Making False Statements to the U.S. Bureau of PrisonsRead the Press Release
Earlier today, in federal court in Brooklyn, a criminal defense attorney, Scott Brettschneider, was sentenced by United States District Judge Carol B. Amon to 60 days of confinement in a community center, 4 years of probation, 80 hours of community service, and fined $2,000 for conspiring to make, and making, a false statement to the U.S. Bureau of Prisons (BOP). Brettschneider was convicted following a five-day jury trial in April 2019 for his role in writing a false letter to the BOP to assist an inmate to gain entry to a substance abuse program and thereby obtain an early release from prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.“Brettschneider has now been held accountable for breaking the law he had been sworn to uphold,” stated United States Attorney Donoghue. “This Office is committed to prosecuting those who defraud federal programs.” Mr. Donoghue extended his grateful appreciation to the FBI, which led the investigation, and thanked the Queens District Attorney’s Office for their assistance in the case.
Brettschneider and two co-defendants agreed to prepare and submit a fraudulent letter to the BOP about the drug treatment history of inmate Richard Marshall - Brettschneider’s client and a source of client referrals. If successful, their scheme would have resulted in Marshall’s gaining entry to the Residential Drug Abuse Program in prison, and potential early release from custody. Brettschneider tasked his part-time paralegal, Reginald Shabazz-Muhammad, with the job of writing the fraudulent letter, and co-defendant Charles Gallman acted as the middleman between Marshall and Brettschneider.Marshall pleaded guilty to conspiracy to make false statements, and was sentenced on October 6, 2018 to three years’ probation and a fine of $1,500. Shabazz-Muhammad pleaded guilty to making false statements, and was sentenced on January 30, 2019 to two years’ probation and a fine of $1,000. Gallman pleaded guilty to conspiracy to make false statements and to violating the Travel Act for bribing a witness, and was sentenced on March 20, 2019 to three years’ imprisonment.
The government’s case is being handled by the Office’s Organized Crime & Gangs Section. Assistant United States Attorneys Andrey Spektor, Lindsay K. Gerdes and Margaret Gandy are in charge of the prosecution.
The Defendant:
SCOTT BRETTSCHNEIDER (also known as “Mighty Whitey”)
Age: 62
Mint Hill, North Carolina
Defendants Who Previously Pleaded Guilty and Were Sentenced:
CHARLES GALLMAN (also known as “T.A.”)
Age: 57
Queens, New York
RICHARD MARSHALL (also known as “Love”)
Age: 57
Charlotte, North Carolina
REGINALD SHABAZZ-MUHAMMAD
Age: 63
Queens, New York
E.D.N.Y. Docket No. 18-CR-123 (CBA)Brentwood Man Arrested for Distributing Ecstasy and Crystal MethamphetamineRead the Press Release
A criminal complaint was unsealed yesterday in federal court in Central Islip charging Lawrence Ross with conspiring to distribute, and distributing, more than 10 kilograms of ecstasy and more than 45 grams of methamphetamine. The defendant’s initial appearance was yesterday afternoon before United States Magistrate Judge Arlene R. Lindsay, who ordered him detained.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), and Angel M. Melendez, Special Agent-in-Charge, United States Department of Homeland Security, Homeland Security Investigations, New York Field Office (HSI) announced the charges.
“As alleged, Ross sold ecstasy and crystal methamphetamine via the dark web and Wickr in exchange for Bitcoin, and then shipped the drugs to his customers through the U.S. mail,” stated United States Attorney Donoghue. “Drug traffickers who believe they will escape detection by using the dark web, encrypted messaging applications and cryptocurrency should understand that they are not anonymous, their activities will be uncovered, and they will be prosecuted.” Mr. Donoghue expressed his grateful appreciation to the Suffolk County District Attorney's Office Heroin Task Force for their assistance in the investigation.
“This arrest highlights the benefits of cooperation and collaboration between law enforcement agencies. Through these partnerships, we are keeping our communities safe from the spread of illegal narcotics purchased through the dark web,” stated USPIS Inspector-in- Charge Bartlett.
“Ross allegedly imported and manufactured his own drugs and used the veil of the dark-net to distribute his illicit products,” said HSI Special Agent-in-Charge Melendez. “More and more criminals are seeking ways to use the dark web to further their illegal enterprise, but law enforcement continues to evolve in its investigations to locate these vendors and bring them out of the shadows to face justice.”
Between November 2018 and the present, Ross allegedly sold controlled substances on the dark web, communicated with customers using the Wickr encrypted messaging application, distributed the drugs through the U.S. mail, and accepted the Bitcoin cryptocurrency as payment. The investigation began when a parcel containing ecstasy was seized by the Postal Inspection Service and was traced to Ross. An undercover postal inspector began purchasing controlled substances from Ross at screenname “Gladyman” through various dark web marketplaces. Ross advertised on his “Gladyman” dark web profile that customers could contact him via the Wickr at screenname “Sweettooth80,” and the undercover postal inspector began communicating with Ross using Wickr.
On May 31, 2019, using Wickr, the postal inspector ordered 100 ecstasy pills from Ross at screenname “Sweettooth80” and transferred $1,000 worth of Bitcoin to Ross’s digital wallet. Several hours later, at the Islip Post Office, Ross mailed 33 packages, including one addressed to the postal inspector’s undercover name. That package was seized and contained 100 pills that tested positive for Ecstasy.
On June 5, 2019, again using Wickr, the postal inspector ordered five grams of crystal methamphetamine from Ross at screenname “Sweettooth80.” The postal inspector then transferred $228.17 worth of Bitcoin to Ross’s digital wallet. Ross mailed 61 packages at the Bay Shore Post Office, including a package addressed to the postal inspector’s undercover name. The package was seized by postal inspectors and contained approximately five grams of a substance that tested positive for crystal methamphetamine.
A search warrant was executed at Ross’s residence yesterday, and postal inspectors recovered over 10 kilograms of ecstasy with a street value of approximately $1.5 million, a pill press for the manufacturing of controlled substances, approximately $250,000 of Bitcoin cryptocurrency and approximately $50,000 of U.S. currency.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
If convicted, the defendant faces a sentence of up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant U.S. Attorneys Lara Treinis Gatz and Artie McConnell are in charge of the prosecution.
The Defendant:
Lawrence Ross
Age: 39
Brentwood, New YorkE.D.N.Y. Docket No. 19-MJ-665
MS-13 Gang Member Pleads Guilty to Racketeering Charges for 2016 Murder and Attempted Murder on Long IslandRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Carlos Argueta, also known as “Violento,” “Desorden” and “Dylan,” the former leader of the Freeport Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to racketeering and firearms charges for his participation in the January 15, 2016 attempted murder of a suspected rival gang member outside the Brentwood public library, and the June 3, 2016 murder in Brentwood of Jose Pena, an MS-13 member who was suspected of violating the gang’s rules. The guilty plea was entered before United States Circuit Judge Joseph F. Bianco.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the guilty plea.
“With today’s guilty plea, Argueta admitted that while free on bail for shooting a gang rival in broad daylight outside a public library less than six months earlier, he planned and carried out the vicious murder of a fellow gang member on behalf of the MS-13,” stated United States Attorney Donoghue. “This Office, together with the FBI’s Long Island Gang Task Force, will continue working tirelessly to eradicate MS-13 and hold its members accountable for their senseless violence.”
“The twisted code the members and leadership of the MS-13 adhere to doesn't make sense to anyone outside of the gang,” stated FBI Assistant Director-in-Charge Sweeney. “They brutally take the lives of people because they didn’t follow the rules. There is no world where those thought processes and behaviors are okay. Our FBI Long Island Gang Task Force is doing all it can to root out all the violence this gang has created and bring those responsible to justice.”
“This guilty plea ensures that another member of MS-13 will face up to life in prison for killing a member of his own gang and attempting to murder a suspected rival gang member—two cases that are a reminder of the heinous nature of this transnational gang,” stated SCPD Commissioner Hart. “We applaud the effort of prosecutors to ensure Argueta would be tried as an adult to face the stiffest penalties possible. I would like to thank the Eastern District of New York and our partners on the FBI Long Island Gang Task Force for their continued partnership and commitment in bringing gang members to justice.”
“The guilty plea of defendant and MS-13 member Carlos Argueta should serve as an example of how multi-jurisdictional law enforcement agencies collaborate to bring violent defendants like these to justice,” stated NCPD Commissioner Ryder. “The tireless work of the dedicated men and women of these agencies have made our communities and streets safer, and I would like to congratulate all for a job well done. As we continue our zero tolerance approach toward illegal gangs, this defendant’s blatant disregard for society and life will be met with incarceration.”
As set forth in prior court filings and the defendant’s statements during his guilty plea, Argueta and several other MS-13 members confronted three suspected rival gang members outside a public library in Brentwood on January 15, 2016. Argueta removed a .45 caliber semi-automatic handgun from his waistband and shot one of the men, identified as John Doe in the superseding indictment, in the torso. Argueta and the other MS-13 members then fled. The wounded victim received medical treatment and survived.
Argueta, Pena and a third MS-13 member were subsequently arrested by Suffolk County Police Officers in connection with the attempted murder of John Doe, and were released on bail. Argueta subsequently demanded to see the other two MS-13 members’ arrest paperwork in connection with the shooting. Argueta then informed other members of the Freeport clique that he suspected that Pena, a member of the Normandie clique of the MS-13, had cooperated with the SCPD. Additionally, members of the MS-13 suspected that Pena was homosexual, which is unacceptable under the rules of the MS-13.
After consulting with MS-13 leaders in El Salvador, Argueta and other MS-13 members agreed to kill Pena and Argueta assigned tasks to other MS-13 gang members, including procuring weapons and a vehicle to be used in the murder. On June 3, 2016, Argueta and other MS-13 members lured Pena into a car, and drove to a secluded wooded area in Brentwood. After walking into the woods, the group attacked Pena, taking turns stabbing and slashing him with knives, and killing him. More than four months thereafter, Pena’s body was found.
On September 20, 2016, Argueta, who was 16 years old at the time of the crimes, was arrested by the FBI’s Long Island Gang Task Force, and charged in juvenile informations filed under seal. The government subsequently filed a motion to transfer Argueta to adult status for prosecution, and an evidentiary hearing was held on the transfer motion. On September 7, 2017, Judge Bianco issued a Memorandum and Order granting the government’s motion, and ordered that Argueta be prosecuted as an adult. Argueta appealed, and on December 20, 2018, the Second Circuit Court of Appeals affirmed Judge Bianco’s decision.
When sentenced, Argueta faces a maximum of life in prison. Upon completion of his sentence, Argueta, an illegal alien from El Salvador, faces deportation from the United States.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted of federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Office, Rockville Centre Police Department, New York State Police, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Justina L. Geraci and Michael T. Keilty are in charge of the prosecution.
The Defendant:
Carlos Argueta (“Violento,” “Desorden” and “Dylan”)
Age: 20
Brentwood, New YorkE.D.N.Y. Docket No. 16-CR-510 (S-2) (JFB)
Doctor Sentenced to Prison for Health Care FraudRead the Press Release
Earlier today, in federal court in Central Islip, Hal Abrahamson, a podiatrist with offices in Plainview, Long Island, and Rego Park, Queens, was sentenced by United States District Judge Denis R. Hurley to one year and a day in prison for his role in a health care fraud scheme. The Court also ordered Abrahamson to pay restitution of $869,651, a $50,000 fine and forfeit $177,000. On June 26, 2018, Abrahamson pleaded guilty to health care fraud in connection with the operation of his podiatry practice.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Scott J. Lampert, Special Agent-in-Charge, United States Department of Health and Human Services, Office of Inspector General, New York Region (HHS-OIG), announced the sentence.
“Greed dictated this doctor’s billing practices,” stated United States Attorney Donoghue. “The defendant stole a million dollars from Medicare and private insurance companies but has been brought to justice.” Mr. Donoghue thanked the FBI and HHS-OIG for their outstanding work on the case.
According to court documents and as established at the plea proceeding, Abrahamson’s health care fraud scheme was ongoing from January 2013 until January 2017. Abrahamson used several fraudulent billing techniques over the years, including: (i) billing for skin grafts and wound packing services never performed, (ii) billing for work purportedly done by another podiatrist whose reimbursement rate was higher, but which was in fact done by Abrahamson, or not at all, and (iii) billing for more expensive procedures than those actually performed. Regarding the fraudulent billing for skin grafts, Abrahamson billed for this procedure 1,092 times over a four year period in which a podiatrist with a comparable practice in Plainview billed only once and another podiatrist in the defendant’s office billed only five times.
Regarding the fraudulent billing for wound packing, Abrahamson billed for this procedure 757 times over a four-year period, and would routinely add this to his false billing under another podiatrist’s name.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor are in charge of the prosecution.
The Defendant:
HAL ABRAHAMSON
Age: 57
Melville, New YorkE.D.N.Y. Docket No. 18-CR-314 (DRH)
American Citizen who became an ISIS Sniper and Trained Other ISIS Members in the Use of Weapons Charged with Providing Material Support to ISISRead the Press Release
A criminal complaint was unsealed today in federal court in the Eastern District of New York charging Ruslan Maratovich Asainov, a naturalized U.S. citizen born in Kazakhstan with providing and attempting to provide material support, including training, services and personnel, to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, in violation of 18 U.S.C. § 2339B. Asainov was detained overseas by the Syrian Democratic Forces (SDF) and recently transferred into FBI custody. Asainov’s initial appearance is scheduled for this afternoon before United States Magistrate Judge Steven M. Gold at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges were announced by Assistant Attorney General for National Security John Demers, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director Mike McGarrity for the FBI’s Counterterrorism Division, Assistant Director-in-Charge William F. Sweeney Jr. of the FBI’s New York Field Office FBI and Commissioner James P. O’Neill of the New York City Police Department (NYPD).
As alleged in the complaint and other court filings, the defendant resided in Brooklyn, New York. In December 2013, the defendant traveled to Istanbul, Turkey, which is a common transit point to obtain entry into Syria. He subsequently entered Syria, joined ISIS, and became a sniper for the terrorist organization. Over time, the defendant rose through the ranks to become an ISIS “emir” in charge of training other ISIS members in the use of weapons. He also attempted to recruit another individual to travel from the United States to Syria to fight for ISIS.
In March 2015, Asainov asked a confidential informant to send him approximately $2,800 so that he could purchase a scope for his rifle. Asainov subsequently sent the confidential informant two photographs depicting the defendant holding an assault rifle fitted with a scope. He messaged one associate exclaiming, in reference to ISIS, “we are the worst terrorist organization in the world that has ever existed” and stating that he wished to die on the battlefield.
“The United States is committed to holding accountable those who have left this country in order to fight for ISIS,” said Assistant Attorney General Demers. “As alleged in the court filings, Asainov traveled overseas, joined ISIS, and became a fighter and a sniper for the terrorist organization. He was ultimately detained overseas, turned over to the FBI, and will now face justice in an American courtroom. We hope countries around the world, including our European allies and partners, will likewise repatriate and prosecute their own citizens for traveling to support ISIS.”
“The defendant, a naturalized U.S. citizen residing in Brooklyn, turned his back on the country that took him in and joined ISIS, serving its violent ends in Syria and attempting to recruit others to its cause,” stated U.S. Attorney Donoghue. “Our counterterrorism prosecutors and law enforcement partners will continue working relentlessly to hold accountable those like the defendant who have supported ISIS’s violent agenda.”
“As this case shows, the FBI remains committed to doing our part to ensure that justice is served to those who travel, or attempt to travel, to join and fight with ISIS” said Assistant Director Mike McGarrity. “Combatting terrorism remains the FBI’s top priority and we will continue working with our U.S. government partners and foreign law enforcement entities around the world to do so.”
“Some go to great lengths to join groups, such as ISIS, to fight on behalf of terrorist ideologies, and to recruit others to travel in support of their misguided principles,” said Assistant Director in Charge Sweeney. “As we allege today, Asainov left this country to do just that. He turned his back on the ideals we value, and he’ll now be made to face our justice system head-on.”
“This arrest serves as a warning to anyone anywhere in the world who intends to support or conduct attacks on behalf of terrorist groups against the United States – you will be brought to justice,” said NYPD Commissioner O’Neill. “I would like to thank our investigators and law enforcement partners for their outstanding work in taking Mr. Asainov off the battlefield and placing him into American custody.”
The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s. Assistant United States Attorneys Douglas M. Pravda, Saritha Komatireddy, and J. Matthew Haggans are in charge of the prosecution of the Eastern District of New York’s National Security and Cybercrime Section with assistance from Trial Attorney Jacqueline L. Barkett of the National Security Division’s Counterterrorism Section of the National Security Division.
American Citizen Who Became ISIS Sniper and Weapons Instructor Charged with Providing Material Support to Terrorist OrganizationRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Ruslan Maratovich Asainov, a naturalized U.S. citizen born in Kazakhstan, with providing and attempting to provide material support, including training, services and personnel, to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Asainov was detained overseas by the Syrian Democratic Forces (SDF), and transferred into the custody of the Federal Bureau of Investigation (FBI) on Wednesday. Asainov’s initial appearance is scheduled for today before United States Magistrate Judge Steven M. Gold.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; Michael McGarrity, Assistant Director of the Counterterrorism Division, FBI; William F. Sweeney, Jr., Assistant Director-in-Charge, FBI, New York Field Office; and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
As alleged in the complaint and other court filings, the defendant is a naturalized U.S. citizen who resided in Brooklyn. In December 2013, Asainov traveled to Istanbul, Turkey, a common transit point to obtain entry into Syria. He subsequently entered Syria, joined ISIS and became a sniper for the terrorist organization. Over time, Asainov rose through the ranks to become an ISIS “emir” in charge of training other ISIS members in the use of weapons. He also attempted to recruit another individual to travel from the United States to Syria to fight for ISIS.
In March 2015, Asainov asked a confidential informant to send him approximately $2,800 so that he could purchase a scope for his rifle. Asainov subsequently sent the confidential informant two photographs depicting the defendant holding an assault rifle fitted with a scope. He messaged one associate exclaiming, in reference to ISIS, “we are the worst terrorist organization in the world that has ever existed,” and stating that he wished to die on the battlefield.
“The defendant, a naturalized U.S. citizen residing in Brooklyn, turned his back on the country that took him in and joined ISIS, serving its violent ends in Syria and attempting to recruit others to its cause,” stated United States Attorney Donoghue. “Our counterterrorism prosecutors and law enforcement partners will continue working relentlessly to hold accountable those like the defendant who have supported ISIS’s violent agenda.”
“The United States is committed to holding accountable those who have left this country in order to fight for ISIS,” stated Assistant Attorney General Demers. “As alleged in the court filings, Asainov traveled overseas, joined ISIS, and became a fighter and a sniper for the terrorist organization. He was ultimately detained overseas, turned over to the FBI, and will now face justice in an American courtroom. We hope countries around the world, including our European allies and partners, will likewise repatriate and prosecute their own citizens for traveling to support ISIS.”
“As this case shows, the FBI remains committed to doing our part to ensure that justice is served to those who travel, or attempt to travel, to join and fight with ISIS” stated FBI Assistant Director McGarrity. “Combatting terrorism remains the FBI’s top priority and we will continue working with our U.S. government partners and foreign law enforcement entities around the world to do so.”
“Some go to great lengths to join groups, such as ISIS, to fight on behalf of terrorist ideologies, and to recruit others to travel in support of their misguided principles. As we allege today, Asainov left this country to do just that. He turned his back on the ideals we value, and he’ll now be made to face our justice system head-on,” stated FBI Assistant Director-in-Charge Sweeney.
“This arrest serves as a warning to anyone anywhere in the world who intends to support or conduct attacks on behalf of terrorist groups against the United States – you will be brought to justice. I would like to thank our investigators and law enforcement partners for their outstanding work in taking Mr. Asainov off the battlefield and placing him into American custody,” stated NYPD Commissioner O’Neill.
The charges in the complaint are allegations and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Douglas M. Pravda, Saritha Komatireddy and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Jacqueline L. Barkett of the Counterterrorism Section of the National Security Division of the Department of Justice.
The Defendant:
RUSLAN MARATOVICH ASAINOV
Age: 42
Syria and Bay Ridge, BrooklynE.D.N.Y. Docket No. 18-MJ-606
Individual Arrested for Defrauding Investors in Stock Trading SchemeRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Garrett O’Rourke, also known as “Jonathan Banks,” with engaging in a fraudulent scheme to artificially control the price and volume of AVI Group Inc., a publicly-traded company listed under the OTC ticker symbol “AVOP,” by making false and misleading statements to investors. AVOP purported to be a holding company focusing on acquisitions and joint ventures, including the development of dental equipment, a “vape superstore” and lighting technology. O’Rourke was arrested yesterday at John F. Kennedy International Airport, made his initial appearance this afternoon before United States Magistrate Judge Steven M. Gold and was released on a $1 million bond.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
According to court filings, between April 2016 and June 2017, O’Rourke engaged in a securities fraud conspiracy to mislead investors into purchasing shares of AVOP by claiming, among other things, that he and his co-conspirators worked for Marketwise Report, a purported investment advising firm located in Florida that offered stock advice to clients. In reality, O’Rourke and his co-conspirators did not work for this fictitious entity and instead worked in call rooms based in Florida and Medellin, Colombia. O’Rourke and his co-conspirators made misrepresentations and false statements to induce investors to purchase and retain AVOP stock in order to profit for themselves. By persuading numerous investors to purchase AVOP stock, O’Rourke and his co-conspirators were able to “pump” AVOP’s stock price. Then, once the stock price had artificially increased, a co-conspirator “dumped” over $2 million in shares at the artificially inflated prices and shared the profits from the sale with O’Rourke and other co-conspirators.
“As alleged in the complaint, O’Rourke supervised a call room in Florida where he and his co-conspirator fraudsters fleeced investors by spinning false claims about a publicly traded stock in a classic pump and dump scheme designed to line their own pockets,” stated United States Attorney Donoghue. “The defendant’s arrest demonstrates this Office’s commitment to protecting the investing public and vigorously prosecuting those who undermine the integrity of the financial markets.” Mr. Donoghue expressed his grateful appreciation to the Securities and Exchange Commission, both the New York and Boston Regional Offices, for their assistance with the investigation.
“It’s important for investors to know these pump-and-dump schemes still exist,” stated FBI Assistant Director-in-Charge Sweeney. “While O’Rourke faces charges for the crimes he allegedly committed, there are others out there who seek to take advantage of people who unwittingly invest more than their hard-earned money on lies they’re sold. We urge the general public to exercise due diligence with any investment they plan to make, and to look out for friends and family who might be easily swindled by crooks who are up to no good.”
The charges in the complaint are allegations and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Business & Securities Fraud Section. Assistant United States Attorney Hiral D. Mehta is in charge of the prosecution.
The Defendant:
GARRETT O’ROURKE (also known as “Jonathan Banks”)
Age: 31
Miami Beach, FloridaE.D.N.Y. Docket No. 19-MJ-644
Brooklyn Man Arrested for Armed Home Invasion Robbery ConspiracyRead the Press Release
A three-count indictment was unsealed today in federal court in Brooklyn charging Devone Jefferys, also known as “Moneybags,” with Hobbs Act robbery conspiracy, attempted Hobbs Act robbery, and possessing and brandishing a firearm during an attempted home invasion robbery. Jefferys was arrested this morning, and is scheduled to be arraigned tomorrow before United States Magistrate Judge Steven M. Gold.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
As alleged in the indictment and other court filings, in the early morning hours of July 31, 2015, Jefferys and his co-conspirators entered an apartment building in Williamsburg, Brooklyn, to steal heroin and money from a drug dealer who resided there with family members. Posing as NYPD officers, Jefferys and his co-conspirators entered the victims’ apartment, drew their firearms and bound several victims with duct tape. When the robbers discovered that one of the victims had thrown a bag of heroin out a window, Jefferys forcibly removed one of the women from the apartment, and took her to a back alley to search for the drugs. When he was unable to find the bag of heroin, Jefferys forced the woman to perform oral sex on him at gunpoint, and then raped her before fleeing.
“Posing as NYPD officers and brandishing firearms, Jefferys and his co-conspirators terrorized victims of an attempted home invasion robbery, with Jefferys escalating the violence still further by raping a female victim,” stated United States Attorney Donoghue. “Together with our law enforcement partners, we will work unceasingly to protect residents of our communities from this type of senseless violence.”
Jeffery’s and his co- conspirators are alleged to have committed horrific crimes that may also leave deep mental and emotional scars on their victims,” stated ATF Special Agent-in-Charge Devito. “The ATF/NYPD Joint Robbery Task Force will work in lockstep with our partners in the United States Attorney’s Office to identify, pursue and successfully prosecute individuals like this to ensure that justice is brought to the unjust. We will continue to send the message to both the perpetrators and their victims that the law enforcement community will not allow lawless behavior and will use every resource at its disposal to protect the public from violence. I would like to thank all of our partners that put effort into this case and will continue to work until justice is served.
“This case is a reminder of the heinous acts that are too often associated with drugs and drug money,” said NYPD Commissioner O’Neill. “But those who would commit crimes like these – rape, armed robbery – should know that law enforcement professionals like those at the NYPD, the ATF and the US Attorney are driven by a desire to apprehend them and build strong cases against them. I want to thank the investigators who worked on this case. It is our hope that there will now be a successful prosecution and that this process helps the victims as they continue to heal.”
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorney Ryan Harris is in charge of the prosecution.
The Defendant:
DEVONE JEFFERYS (also known as “Moneybags”)
Age: 27
Brooklyn, New YorkE.D.N.Y. Docket No. 18-CR-359
Joaquin “El Chapo” Guzman, Sinaloa Cartel Leader, Sentenced to Life in Prison Plus 30 YearsRead the Press Release
BROOKLYN, NY – Joaquin Archivaldo Guzman Loera, known by various aliases, including “El Chapo” and “El Rapido,” was sentenced today by United States District Judge Brian M. Cogan to life imprisonment plus 30 years to run consecutive to the life sentence for being a principal leader of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy. The Court also ordered Guzman Loera to pay $12.6 billion in forfeiture.
Guzman Loera was convicted by a federal jury on February 12, 2019, following a three-month trial, of all 10 counts of the superseding indictment, including narcotics trafficking, using a firearm in furtherance of his drug crimes and participating in a money laundering conspiracy.
The sentence was announced by Richard P. Donoghue, United States Attorney for the Eastern District of New York; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida; Uttam Dhillon, Acting Administrator, U.S. Drug Enforcement Administration (DEA); Christopher A. Wray, Director, Federal Bureau of Investigation (FBI); Kevin McAleenan, Acting Secretary, United States Department of Homeland Security; Derek Benner, Executive Associate Director, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI); Bryan T. Mullee, Acting U.S. Marshal, Eastern District of New York; James P. O’Neill, Commissioner, New York City Police Department (NYPD); and Keith M. Corlett, Superintendent, New York State Police (NYSP).
The evidence at trial established that Guzman Loera was a principal leader of the Sinaloa Cartel, a Mexico-based international drug trafficking organization responsible for importing and distributing more than a million kilograms of cocaine, marijuana, methamphetamine and heroin in the United States. The evidence included testimony from 14 cooperating witnesses, including Sinaloa Cartel members Rey and Vicente Zambada, Miguel Martinez, Tirso Martinez, Damaso Lopez and Alex Cifuentes; narcotics seizures totaling over 130,000 kilograms of cocaine and heroin; weapons, including AK-47s and a rocket-propelled grenade launcher; ledgers; text messages; videos; photographs and intercepted recordings that detailed the drug trafficking activity of Guzman Loera and his co-conspirators over a 25-year period from January 1989 until December 2014.
From the mid-1980s until his arrest in Mexico in 1993, Guzman Loera was a mid-level operative of the Sinaloa Cartel, earning a name for himself and the nickname “El Rapido” for how quickly he transported drugs from Mexico to the United States for the Colombian cartels. After he escaped from a Mexican prison in 2001 by hiding in a laundry cart, Guzman Loera formed an alliance with fugitive co-defendant Ismael Zambada Garcia and, together, they became the preeminent leaders of the Sinaloa Cartel. Guzman Loera enforced his will and maintained control of his drug empire through an army of lethal “sicarios” or hitmen and a sophisticated communications network.
The trial highlighted the methods Guzman Loera and his organization used to transport the cartel’s multi-ton shipments of narcotics into the United States, including fishing boats, submarines, carbon fiber airplanes, trains with secret compartments and transnational underground tunnels. Once the narcotics were in the United States, they were sold to wholesale distributors in New York, Miami, Atlanta, Chicago, Arizona, Los Angeles and elsewhere. Guzman Loera then used various methods to launder billions of dollars of drug proceeds, including bulk cash smuggling from the United States to Mexico, U.S.-based insurance companies, reloadable debit cards and numerous shell companies, including a juice company and a fish flour company.
Guzman Loera and his organization relied upon violence to maintain its power throughout the region and beyond. Numerous co-conspirators testified that Guzman Loera directed his hitmen to kidnap, interrogate, torture and slaughter members of rival drug organizations, at times carrying out acts of violence himself. As part of its arsenal, the Sinaloa Cartel had access to weapons, including grenades and a rocket-propelled grenade launcher. Guzman Loera’s personal arsenal included a gold plated AK-47 and three diamond-encrusted .38 caliber handguns, one emblazoned with his initials, “JGL.”
Guzman Loera and his organization also relied on a vast network of corrupt government officials and employees to protect and further the interests of the Sinaloa Cartel. They included local law enforcement officers, prison guards, high-ranking members of the armed forces, and elected office holders. In exchange, the Cartel paid these individuals millions of dollars in bribes.
“Guzman Loera’s day of reckoning has finally come. Never again will he pour poison into our country, or make millions as innocent lives are lost. We cannot undo the violence, misery and devastation inflicted on countless individuals and communities as result of his organization’s sale of tons of illegal drugs for more than two decades, but we can ensure that he spends every minute of every day in prison,” stated United States Attorney Donoghue. “The same fate awaits those who would take his place. I thank the brave members of law enforcement, here and abroad, for their tireless efforts that have finally secured justice in this case.”
“The long road that brought ‘El Chapo’ Guzman Loera to a United States courtroom is lined with drugs, death, and destruction, but ends today with justice,” said Assistant Attorney General Benczkowski. “Thanks to the unflagging efforts of the Department of Justice and the law enforcement community over the past 25 years, this notorious leader of one of the largest drug trafficking organizations in the Western hemisphere, the Sinaloa Cartel, will spend the rest of his life behind bars.”
“The life sentence imposed today is the only just result for someone who spent a lifetime spreading his poison throughout our country. The impact of keeping former Sinaloa Cartel leader Joaquin Guzman Loera behind bars, for the rest of his life, cannot be overstated: the world will now be shielded from his brutality,” said U.S. Attorney Fajardo Orshan. “Thanks to the unyielding efforts of this team, the public was finally able to see how Guzman Loera used any means necessary to control his ruthless empire, including kidnapping, corruption, torture, and murder. Our U.S. Attorney’s Offices continue to stand shoulder to shoulder with our domestic and foreign law enforcement partners to protect our citizens from the scourge of illicit drugs.”
“This sentencing shows the world that no matter how protected or powerful you are, DEA will ensure that you face justice,” stated DEA Acting Administrator Uttam Dhillon. “This result would not have been possible without the dedication and determination of so many brave men and women of the Drug Enforcement Administration, who worked tirelessly to see the world’s most dangerous, prolific drug trafficker behind bars in the United States. This is a huge victory for the rule of law, for thousands of current and retired DEA agents and analysts worldwide, and for all of our law enforcement partners here, in Mexico, and across the globe.”
“Today’s sentencing is the culmination of years of effort from numerous local, state, federal, and international partners,” stated FBI Director Wray. “It highlights the dedication and determination of men and women in law enforcement to bring one of the world's most notorious drug traffickers to justice. The FBI has no tolerance for those who endanger our communities and destroy lives through drugs and violence. We’ll continue to work day and night to find and stop those who distribute illegal substances and commit unimaginable violence.”
“On behalf of the Department of Homeland Security, I want to express my gratitude to our HSI agents and diligent law enforcement partners for their work in this monumental conviction,” said Acting Secretary of Homeland Security McAleenan. “This sentence will send a resounding message that transnational criminal organizations all over the world are being continuously investigated and their leaders will be brought to justice.”
“After a decade long investigation, Joaquin Archivaldo Guzman Loera’s reign over the Sinaloa Cartel is over,” said Derek N. Benner, Executive Associate Director for HSI. “Because of the initiative and expertise of HSI Special Agents in New York and Phoenix working together with our law enforcement partners, ‘El Chapo’ will no longer be able to inflict violence or traffic vast amounts of illegal drugs into our communities.”
“The United States Marshals Service was tasked with ensuring the integrity of the judicial process in this case,” stated Acting U.S. Marshal Mullee of the Eastern District of New York. “It was paramount that all participants in the case could operate without undue influence or fear in a secure environment, and we accomplished that. On behalf of the United States Marshals Service in the Eastern District of New York, I would like to express my gratitude to all of our law enforcement partners who worked tirelessly in support of our mission, most notably, the incredibly talented men and women of the New York City Police Department (NYPD), The Federal Protective Service (FPS), The 24th Civil Support Team of the New York National Guard and the Federal Bureau of Prisons (BOP).”
“Let today’s sentencing show the world that Joaquin “El Chapo” Guzman has not escaped the American justice system and, now, will finally be held accountable for his many years of criminal behavior,” said NYPD Commissioner James P. O’Neill. “I want to thank the members of the DEA, the FBI, the U.S. Marshals Service, Homeland Security Investigations, the New York State Police and the NYPD detectives on the Drug Enforcement Task Force for their hard work on this investigation and trial.”
“With this sentencing, justice has been served. For two decades, this individual used extreme violence, bribes, and any means necessary to bring dangerous and deadly drugs into our country and state,” stated NYSP Superintendent Corlett. “This sentence should serve as a reminder that no one is above the law. I applaud our partners in law enforcement for their tireless work on this case, bringing an end to the destruction this man, and this enterprise caused for decades.”
The government’s case is being prosecuted by Assistant U.S. Attorneys Gina Parlovecchio, Michael Robotti, Patricia Notopoulos, Hiral Mehta, Soumya Dayananda and Brendan King from the Eastern District of New York; Assistant U.S. Attorneys Adam Fels, Andrea Goldbarg and Lynn Kirkpatrick from the Southern District of Florida; and Trial Attorneys Amanda Liskamm, Anthony Nardozzi, Brett Reynolds and Michael Lang of the U.S. Department of Justice Criminal Division’s Narcotic and Dangerous Drug Section.
The case was investigated by the DEA, ICE and the FBI, in cooperation with Mexican, Ecuadorian, Netherlands, Dominican and Colombian law enforcement authorities. Substantial assistance was provided by the U.S. Attorneys’ Offices in the Northern District of Illinois, Western District of Texas, Southern District of New York, Southern District of California, District of New Hampshire, District of Arizona and Eastern District of Virginia. The Department of Justice Office of International Affairs played an integral role in securing the extradition of Guzman Loera to the United States, in cooperation with authorities of the Mexican government, without which his prosecution would not have been possible. The investigative efforts in this case were coordinated with the Department of Justice Special Operations Division, comprising agents, analysts and attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section, DEA New York, DEA Miami, FBI Washington Field Office, FBI New York Field Office, FBI Miami Field Office, ICE HSI New York, ICE HSI Nogales, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals Service, Internal Revenue Service - Criminal Investigation, U.S. Bureau of Prisons, NYPD and New York State Police.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
Brooklyn Man Convicted of Attempted Murder and Assault of A Federal OfficerRead the Press Release
A federal jury in Brooklyn returned a guilty verdict today against Ronell Watson for attempted murder of a federal officer, assault of a federal officer and possessing and discharging a firearm during a crime of violence in connection with the shooting of Christopher Harper, a Special Agent of the Federal Bureau of Investigation (FBI). On December 8, 2018, Harper was on duty and performing his official duties when he was shot and wounded by the defendant. The verdict followed a two-week trial before United States District Judge William F. Kuntz II. When sentenced, Watson faces up to life in prison.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, FBI, New York Field Office, announced the verdict.
“As found by the jury, FBI Special Agent Harper was performing his official duties last December when the defendant attempted to execute him without any warning,” stated United States Attorney Donoghue. “Despite sustaining life threatening injuries, Special Agent Harper performed courageously, returning fire and wounding the defendant, actions that led to Watson’s capture soon thereafter. I would like to thank the jury for carefully weighing the evidence. With today’s verdict, Watson has been held responsible for his nearly taking the life of a brave agent.” Mr. Donoghue also expressed his grateful appreciation to the New York City Police Department for its assistance during the investigation and the medical staff at Kings County Hospital for saving Special Agent Harper’s life.
“Special Agent Harper was doing his job, conducting surveillance for an FBI investigation, when he was randomly attacked and shot by a man who wasn’t even the target of the surveillance,” stated FBI Assistant Director-in-Charge Sweeney. “As law enforcement, we face dangerous situations every day, but we continue to do all we can to keep the community safe and stop criminals. Today, a jury of the citizens we protect saw the evidence and judged Ronell Watson attempted to murder an FBI agent.”
The evidence at trial established that on December 8, 2018, Special Agent Harper was on-duty, sitting in an unmarked Nissan Maxima on Canarsie Road, a one-way street, conducting a surveillance in an unrelated case. At approximately 3:20 p.m., Watson, driving a BMW sedan in the wrong direction, approached the agent’s vehicle. Watson partially blocked the agent’s vehicle, exited the BMW and approached the agent’s driver’s side door with his hand inside the pocket of his sweatshirt. Harper testified at trial that he was speaking to his wife on FaceTime at the time and told her “somebody shady is walking up to my car.” Harper placed the phone on the center console, but did not hang up. As Harper tried to maneuver his vehicle around the BMW to escape, Watson pulled a handgun out of his pocket and fired multiple shots at Harper, wounding him in the back. Agent Harper then drove to the corner and stopped, exited his vehicle and returned fire at Watson, wounding him in the hand. Harper testified: “I immediately got back in the -- back into my car, the Maxima and I had to tell my wife, you know, that I was shot. So I just yelled it out, ‘Jess, I’m shot, I’m shot.’ I told her to call 911. I didn't tell her where I was exactly but I said call 911.” The entire incident was recorded on three separate surveillance cameras located on Canarsie Road.
Watson drove the BMW to a nearby auto body shop, then had a friend drive him in another vehicle to the hospital where he was ultimately arrested. During the trial, the jury viewed Harper’s Nissan Maxima in the courthouse garage in order to better understand an FBI forensic examiner’s testimony about the path of the bullets fired into the vehicle by the defendant and assess the damage to the metal surfaces.
Special Agent Harper underwent multiple surgeries to have the bullet removed from his lung and continued his service as a Special Agent of the FBI.
United States Attorney Richard P. Donoghue and Assistant United States Attorney Francisco J. Navarro are in charge of the prosecution.
The Defendant:
RONELL WATSON
Age: 31
Canarsie, New YorkE.D.N.Y. Docket No. 19-CR-4 (WFK)
Bail Bondswoman Sentenced to Three Years’ Imprisonment for Smuggling Hundreds of Aliens into the United StatesRead the Press Release
Earlier today, in federal court in Central Islip, Hema Patel, a Texas-based bail bondswoman, was sentenced by United States District Judge Denis R. Hurley to three years’ imprisonment for her role in smuggling hundreds of illegal aliens into the United States. The Court also ordered Patel to forfeit her Texas residence, two hotels, $7.2 million in bail bonds, $400,000 in cash and 11 gold bars, among other assets. On June 7, 2018, Patel pleaded guilty to alien smuggling for financial gain by fraudulently bonding illegal aliens from immigration custody and causing their release into the United States.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), New York, announced the sentence.
“For her personal financial gain, defendant Hema Patel arranged to have hundreds of aliens smuggled into the United States, completely by-passing the visa application and eligibility requirements,” stated United States Attorney Donoghue. “She will now pay the price for placing the safety and security of the residents of our communities at risk. Border security is a top priority of the Department of Justice.”
“In a classic example of how criminal networks exploit loopholes in our nation’s immigration system to make a profit while threatening the national security of the United States, Hema Patel and her human smuggling co-conspirators manufactured fraudulent bond documents to secure the release of undocumented aliens that were smuggled through the southwest border by an international criminal network,” stated HSI Special Agent-in-Charge Melendez. “HSI remains steadfast in its commitment to secure our nation’s legitimate travel, trade and finance by going after transnational criminal networks, their facilitators and their ill-gained assets.”
From April 2015 through October 2016, Patel and her co-conspirators executed a scheme to bring undocumented aliens, primarily from India, into the United States in exchange for “fees” ranging from approximately $28,000 to $60,000 per person. Patel and her co-conspirators paid middlemen, or “coyotes,” to arrange the logistics of the aliens’ travel, either a northern route through Canada, or a southern route through Mexico. When the aliens were stopped and taken into custody by law enforcement officers at the U.S. border, they called Patel. Patel then prepared fraudulent bond documents on their behalf, including documents listing fictitious names and addresses indicating where and with whom the aliens would reside while their cases were pending. These documents and the bail bonds were then filed in United States Immigration Courts, and the aliens were released into the community. Patel used two of her hotels in Texas to temporarily harbor some of the aliens.
On November 17, 2016, law enforcement agents executed a search warrant at Patel’s Texas residence, seizing thousands of fraudulent alien bonding records.
On November 30, 2017, Patel’s co-defendant Chandresh Kumar Patel (not related to Hema Patel) pleaded guilty to smuggling aliens for financial gain for his role in the scheme as an alien trafficker and financial broker. At the time of his arrest, law enforcement agents recovered $80,000 from his Queens residence. On October 5, 2018, Chandresh Kumar Patel was sentenced to three years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal and Civil Divisions. Assistant United States Attorneys Mark E. Misorek and Robert W. Schumacher are in charge of the prosecution.
Defendant Sentenced Today:
HEMA PATEL
Age: 51
McAllen, Texas
Defendant Previously Sentenced:
CHANDRESH KUMAR PATEL
Age: 30
Flushing, New York
E.D.N.Y. Docket No. 16-CR-584 (DRH)
Statement by United States Attorney Richard P. DonoghueRead the Press Release
Introduction:
Thank you for coming today. My name is Richard Donoghue and I am the United States Attorney for the Eastern District of New York. I am joined here today by the Special Agent-In-Charge of the FBI New York’s Criminal Division, Michael Driscoll.We are here to announce that, after an exhaustive investigation, the Department of Justice has reached the conclusion that insufficient evidence exists to prove beyond a reasonable doubt that the police officers who arrested Eric Garner in Staten Island on July 17, 2014 acted in violation of the federal criminal civil rights statute. Consequently, the investigation into this incident has been closed.
We met with Mr. Garner’s family earlier this morning and shared our findings and decision with them. I offered my sincere condolences and those of Attorney General Barr and the entire Justice Department to the family for their tragic loss.
This morning I want to discuss the reasons for our decision and how we reached it. While the Department does not normally publicly discuss a decision not to bring charges, we felt that this matter is an exception because it means so much to our community and beyond.
Before I continue, let me say as clearly and unequivocally as I can that Mr. Garner’s death was a tragedy. For anyone to die under circumstances like these is a tremendous loss. For the family to suffer as this family has only compounds that loss.
But these unassailable facts are separate and distinct from whether a federal crime has been committed. And the evidence here does not support charging Police Officer Daniel Pantaleo or any other officer with a federal criminal civil rights violation.
Admittedly, many may disagree with the decision, and that is their right. However, we hope that by announcing and explaining our decision today, we can bring some measure of closure to one of this City’s more upsetting incidents involving the police and a member of the community.
Law:
To fully understand how we made this decision, I want to briefly discuss the applicable law.
In order for a federal criminal civil rights charge to be brought, the government must prove, beyond a reasonable doubt, four elements: (1) that the officer acted under color of law; (2) that the officer used objectively unreasonable force under the circumstances; (3) that the officer violated the law willfully; and (4) that the wrongful conduct caused bodily injury to the victim.
In simpler terms, this means that the government must prove beyond a reasonable doubt that an officer willfully used more force than he reasonably could have believed was necessary under the circumstances.
During the Department’s investigation, we focused primarily on two of these elements: 1) whether the force used was objectively unreasonable and 2) whether the officer acted willfully in violation of the law.
The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. And the law recognizes that the police are often forced to make split-second judgments in circumstances that are tense, uncertain and rapidly evolving.
However, even if the government can prove beyond a reasonable doubt that the force used was objectively unreasonable, the government must also prove beyond a reasonable doubt that the officer acted willfully. This is the highest standard of intent imposed by law, and is different and higher than the intent standard under the relevant state statutes. While willfulness may be inferred from blatantly wrongful conduct, such as a gratuitous kick to the head, an officer’s mistake, fear, misperception, or even poor judgment does not constitute willful conduct under federal criminal civil rights law.
What all of this means is that, even if we could prove that Officer Pantaleo’s hold of Mr. Garner constituted unreasonable force, we would still have to prove beyond a reasonable doubt that Officer Pantaleo acted willfully.
The Video:
Eric Garner’s arrest was largely captured on video and the video has been replayed in the media on countless occasions. Like many of you, I have watched the video many times and, each time I’ve watched it, I am left with the same reaction – that the death of Eric Garner was a tragedy. And I know that every one of my colleagues who reviewed the video shares that sentiment.
The job of a federal prosecutor, however, is not to let our emotions dictate our decisions.
Our job is to review the evidence gathered during the investigation – like the video - to assess whether we can prove that a federal crime was committed.
When viewed in its entirety, the video documents a tense and escalating encounter between Mr. Garner and the officers, and shows that the officers had to make split-second decisions under stressful circumstances. The video shows that the officers’ initial actions were in accordance with established police tactics and procedures, but that the situation deteriorated as it progressed. At the end of the day, however, the video and the other evidence gathered in the investigation does not establish beyond a reasonable doubt that Officer Pantaleo acted in willful violation of federal law.
The Evidence:
Now let me address the video and some of the other evidence.
On July 17, 2014, Officers Justin D’Amico and Daniel Pantaleo attempted to place Eric Garner under arrest. The officers were acting that day under direct orders to address complaints about the sale of untaxed cigarettes in the vicinity of Tompkinsville Park in Staten Island. Mr. Garner resisted arrest, both verbally and physically, and consequently the officers were permitted to use force to effect the arrest. That force, of course, had to be reasonable.
After Mr. Garner resisted arrest, Officer Pantaleo appeared to attempt two approved NYPD tactics, both of which involved force. First, he appeared to attempt an “arm bar,” which involves pulling the hand of a person down, while the officer goes behind the person to gain control of him to put handcuffs on him. As the video makes clear, Mr. Garner twisted his body and freed his arms, evaded Pantaleo’s grasp, and avoided being placed in handcuffs.
Officer Pantaleo next appeared to attempt a second approved tactic, this one called the “rear takedown” or “seat belt.” In this tactic, an officer places one arm under a person’s armpit and the other hand across the shoulder and chest of the person in order to unbalance the person and bring him to the ground. Here, Officer Pantaleo placed his right arm under Mr. Garner’s right armpit and his left arm on Mr. Garner’s shoulder and upper chest, with his left palm facing out and away from Mr. Garner’s neck. At this point, there is nothing in the video to suggest that Officer Pantaleo intended or attempted to place Mr. Garner in a chokehold.
I would also note that there was a significant difference in size and weight between Mr. Garner, who stood 6’2” and weighed close to 400 lbs., and Officer Pantaleo, who was considerably smaller. And it is clear that this disparity in size and weight contributed to Officer Pantaleo being unable to bring Mr. Garner under arrest quickly and without further incident.
Officer Pantaleo then attempted to complete the rear takedown to put Mr. Garner off balance. This is where the situation rapidly deteriorated. As Mr. Garner and Officer Pantaleo struggled, Officer Pantaleo held onto Mr. Garner and both men fell backward. In the process, Officer Pantaleo’s body slammed against a store window, causing the window to buckle. It appears that, in response to that collision, and to maintain a hold on Mr. Garner, Officer Pantaleo wrapped his left arm around Mr. Garner’s neck, resulting in what was, in effect, a chokehold. Officer Pantaleo maintained that hold on Mr. Garner for a total of approximately seven seconds. During the first few seconds of that hold, the two men were falling to the sidewalk.
As has been widely reported, Mr. Garner stated, “I can’t breathe,” but I would point out that he made this statement only after he fell to the sidewalk and after Officer Pantaleo released his grip from Mr. Garner’s neck. Significantly, Officer Pantaleo was not engaged in a chokehold on Mr. Garner when he said he could not breathe, and neither Officer Pantaleo nor any other officer applied a chokehold to Mr. Garner after he first said he could not breathe.
It is also important to understand that there is a disagreement among medical experts regarding the cause of Mr. Garner’s death. While the medical examiner who conducted Mr. Garner’s autopsy ruled it a homicide – meaning that the death resulted, rightly or wrongly, from the actions of another – another medical examiner who reviewed the autopsy report could not conclusively determine whether the chokehold itself caused Mr. Garner’s death.
At least two different medical experts have explained that the sudden cardiac arrest suffered by Mr. Garner could have resulted from a number of causes in addition to the chokehold, including being restrained in a prone position, damage to his neck area that was not attributable to the chokehold and Mr. Garner’s serious underlying medical conditions. This is significant because it casts doubt upon whether the chokehold itself caused Mr. Garner’s death.
The Decision:
When we evaluated Officer Pantaleo’s actions in light of (1) his training and experience, (2) Mr. Garner’s size, weight and actions to resist arrest, and (3) the duration and escalating nature of their interaction, we determined that there was insufficient evidence to prove beyond a reasonable doubt that Pantaleo acted in willful violation of the law.
As a result, we conclude that there is insufficient evidence to bring a federal criminal charge against Officer Pantaleo for his role in the untimely death of Mr. Garner.
Conclusion:
Before I conclude, I also would like to address the timing of today’s announcement. As I mentioned earlier, this investigation was extremely thorough and time consuming and the recent administrative hearing conducted by the NYPD provided, at least potentially, one last opportunity to develop evidence that might have put us in a position to bring charges.
But regardless, today’s announcement is long overdue. We, the Department, owed it to Mr. Garner’s family and to the community to complete the investigation and announce our decision earlier.
I should emphasize that this was a very difficult decision, and it was one that was contemplated and considered at the very highest levels of the Department of Justice for several years.
For the family, for the community, and for the cause of justice, please know that experienced, highly trained federal agents and career prosecutors worked hard to investigate and examine the facts to determine if a federal criminal case could be brought here. The Department remains committed to aggressively investigating allegations of excessive force by police officers and others, and will continue to dedicate all necessary resources to doing so. We are committed to aggressively prosecuting excessive force cases whenever there is sufficient evidence to bring them.
Mr. Garner’s death was a terrible tragedy. But having thoroughly investigated the surrounding circumstances, the Department has concluded that the available evidence would not support federal civil rights charges against any officer.
We know and understand that some will be disappointed by this decision, but it is the conclusion that is compelled by the evidence and the law.
Disbarred Attorney Sentenced to Two Years in Prison for Stealing $2 Million from Would-Be Real Estate InvestorsRead the Press Release
Earlier today, in federal court in Central Islip, Alice Belmonte, a disbarred attorney formerly with offices in Long Island and Manhattan, was sentenced by United States District Judge Denis R. Hurley to 24 months’ imprisonment for engaging in a wire fraud scheme and stealing $2 million from victims who believed they were giving her money to invest in real estate. Belmonte was also ordered to pay $2 million in restitution to those victims. In September 2017, Belmonte pleaded guilty to wire fraud.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“Alice Belmonte, falsely holding herself out as an experienced practicing attorney, prevailed upon investors to trust her with their money and then stole it from them,” stated United States Attorney Donoghue. “With today’s sentence, she has been held responsible for her crime. Together with our law enforcement partners, this Office will continue to hold accountable those who violate the trust of others to enrich themselves.”
Shortly after being disbarred for misconduct in February 2013, Belmonte held herself out as an attorney who could assist clients in acquiring real estate investments. Belmonte communicated with her victim investors with emails sent from her “[email protected]” address. Relying on Belmonte’s purported expertise, the investors deposited $2 million into an escrow account she opened. The funds were supposed to be held in escrow until a suitable portfolio of real estate properties could be purchased. Between March and June 2013, Belmonte contacted the escrow agent, using falsified email addresses in the names of her victims, and sent fraudulent instructions purporting to authorize the transfer of the $2 million to a second bank account she controlled in the name, “Alice Phillips Belmonte Attorney Escrow Account.” Belmonte then diverted the funds to yet additional accounts she controlled by forging fraudulent disbursement instructions, ostensibly from one of the victims. The victims’ money was never invested in real estate for them, nor did they receive their money back.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Artie McConnell is in charge of the prosecution.
The Defendant:
ALICE BELMONTE (also known as “Alice Marie Phillips” and “Alice Marie Ward”)
Age: 53
Wading River, New YorkE.D.N.Y. Docket No. 16-CR-260 (DRH)