About Ernest Johnson

FOR IMMEDIATE RELEASE
Tuesday, September 3, 2019

 

Brooklyn Man Indicted for Manslaughter for Causing
Motorcyclist’s Death While Driving Under the Influence and Speeding

Defendant and His Girlfriend Additionally Charged with Conspiracy and Obstruction
For Allegedly Telling Police That She was Driving at the Time of the Collision

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been arraigned on an indictment in which he is charged with manslaughter, vehicular manslaughter, conspiracy and other related charges for speeding and driving under the influence of alcohol, then slamming into a motorcyclist at an intersection in Kensington, Brooklyn, killing him. The defendant and his girlfriend initially told the police that she was driving.

District Attorney Gonzalez said, “A thorough and comprehensive investigation by my Office showed that these defendants allegedly lied to police in order to help the driver of this vehicle to escape justice for slamming into a law-abiding motorcyclist and killing him. The victim was a father whose family is now devastated. I am determined to keep Brooklyn’s roads safe for cyclists, motorists and pedestrians alike and will continue to bring anyone who unlawfully endangers those who use our streets to justice.”

The District Attorney identified the defendant as Christopher Diaz, 24, of Brighton Beach, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice William Miller on a 17-count indictment in which he is charged with second-degree manslaughter, second-degree vehicular manslaughter, second-degree assault, first-degree reckless endangerment, criminally negligent homicide, fifth- and sixth-degree conspiracy and second-degree obstruction of governmental administration. Bail was set at $400,000 bond or $200,000 cash and the defendant was ordered to return to court on September 23, 2019. He faces a maximum sentence of five to 15 years in prison if convicted of the top count.

The defendant’s girlfriend, Jasmin Morales-Cruz, 23, of Homecrest, Brooklyn, was indicted on charges of fifth- and sixth-degree conspiracy, second-degree obstruction of governmental administration, and second- and third-degree hindering prosecution and will be arraigned on a later date. A criminal complaint in which Morales-Cruz was charged with vehicular manslaughter and related charges immediately after the incident – after she told police she was driving the vehicle when it struck the victim – will be dismissed.

The District Attorney said that on May 27, 2019, at about 3:55 a.m., Diaz, was driving a 2014 black Infinity Q50 sedan registered to Morales-Cruz, northbound on Ocean Parkway, near Beverley Road in Kensington, Brooklyn. The investigation found that as Evvon Alexander, 28, was traveling southbound on a motorcycle and was attempting to turn onto Beverley Road from the turning lane, he was struck by the defendant, who was traveling at more than 80 miles per hour in a 25 miles per hour zone and was under the influence of alcohol. The motorcycle was struck with such force that it split in half. The victim was thrown into the air, over the median between the main parkway and the service road and landed between parked cars on the service road. He was declared dead at Maimonides Hospital.

When police arrived, the defendant and Morales-Cruz both claimed that she had been driving because she had only one drink and that the defendant had multiple drinks. Their two passengers also said Morales-Cruz was driving, but days later admitted that Diaz was driving and had asked them to lie. Morales-Cruz’s blood alcohol level was .11 percent. The legal limit is .08 percent. Because of the alleged conspiracy claiming that Morales-Cruz was the driver, Diaz’s blood alcohol level was not tested, though he later admitted, during the course of the investigation, that he had consumed six to eight beers.

A lengthy investigation led to the recovery of videotape surveillance of the defendants and their passengers drinking at three different bars before the collision and allegedly showing Diaz getting into the driver’s seat shortly before the collision. Text messages asking the passengers to lie to authorities about who was driving were also recovered; other evidence allegedly shows that the defendant accelerated from 65 mph to 83 mph seconds before the crash and applied the brake just a half-second before impact.

Assistant District Attorney Craig Esswein, Chief of the District Attorney’s Vehicular Crimes Unit, and Assistant District Attorney Jennifer Nocella, Deputy Chief, and Senior Assistant District Attorney Douglas Marquez, assisted in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Luis Segura and Assistant District Attorney Christopher Velez, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Danielle Eaddy, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Thursday, August 29, 2019

 

Two Former New York City Police Detectives Plead Guilty to
Bribe Receiving and Official Misconduct for Having Sex With
Woman in Their Custody in Exchange for Her Release

To Be Sentenced to Five Years’ Probation Under Plea Offer Made by the Court;
Prosecutors Requested Prison Time

Brooklyn District Attorney Eric Gonzalez today announced that two former New York City Police detectives pleaded guilty to bribe receiving and official misconduct for having sex inside a police van with a young woman they had arrested, before releasing her without authorization and without reporting the arrest. While prosecutors requested incarceration, the defendants were promised five years’ probation in exchange for their guilty plea.

District Attorney Gonzalez said, “These defendants engaged in a shocking abuse of power which they finally acknowledged. While I would have preferred to see them serve prison time, they are no longer members of our police department and with today’s plea are convicted felons. As a result of this disturbing incident, New York passed a law to prohibit police officers from having sex with people in their custody, closing a loophole that had allowed officers to claim that the sex was consensual. We could not apply the new law retroactively, and serious credibility issues in this case precluded us from proceeding on additional charges, yet we remained committed to holding these defendants accountable.”

The District Attorney identified the defendants as Eddie Martins, 39, and Richard Hall, 34, who were formerly assigned to the NYPD’s Brooklyn South Narcotics. They pleaded guilty today to the indictment against them – two counts of third-degree bribe receiving and nine counts of official misconduct – before Brooklyn Supreme Court Justice Danny Chun, who indicated he will sentence each defendant on October 10, 2019 to five years’ probation over prosecutors’ objections. The District Attorney’s Office requested a term of incarceration of one to three years. Because the defendants pleaded guilty to the entire indictment, the plea agreement was offered by the Court and without prosecutors’ consent.

The District Attorney said that, according to the investigation, on September 15, 2017, at approximately 7:30 p.m., the defendants, who were on-duty and riding in a Dodge Caravan, working as part of a team of plainclothes detectives assigned to Brooklyn South Narcotics and conducting a buy and bust operation in the confines of the 60th Precinct, left their post without authorization and drove to Calvert Vaux Park in Gravesend, Brooklyn.

Just after 8 p.m., the officers conducted a car stop of an Infinity Coupe driven by an 18-year-old woman with two male passengers. There was a quantity of marijuana in the front seat cup holder. The officers instructed the three occupants to step out of the car and asked if they had any drugs on them, according to the investigation. The young woman responded she had marijuana and two Klonopin pills. The detectives handcuffed the woman, told her she was under arrest and would be getting a desk appearance ticket. They let her companions go, the evidence showed.

After leaving the park, while inside the police van, the woman had sexual intercourse with Martins and performed a sex act on Hall, according to the evidence. The defendants then drove back to the vicinity of the 60th Precinct in Coney Island and released the woman, giving her back the Klonopin pills. They did not report the incident to their supervisor or to anyone else and had no authority to rescind the arrest or to release the detainee, according to the indictment.

DNA recovered from the woman was a match to both of the defendants. Video surveillance shows the woman exiting the police van at approximately 8:42 p.m., the investigation found.

The case was prosecuted by Assistant District Attorney Frank DeGaetano, First Deputy Bureau Chief of the District Attorney’s Special Victims Bureau, Senior Assistant District Attorney Jennifer Nasar, of the Special Victims Bureau, and Assistant District Attorney Anthea Bruffee, First Deputy Chief of the District Attorney’s Appeals Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau, and the overall supervision of Assistant District Attorney Joseph P. Alexis, Chief of the Trial Division.

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FOR IMMEDIATE RELEASE
Wednesday, August 28, 2019

 

Brooklyn Man Indicted on Attempted Murder and Hate Crime Charges for Allegedly
Stabbing Transgender Individual’s Partner After Harassing Couple

Victim Was Stabbed in the Back of the Neck

Brooklyn District Attorney Eric Gonzalez today announced that a 32-year-old man has been arraigned on an indictment in which he is charged with attempted murder, assault as a hate crime and related charges for allegedly stabbing a transgender individual’s partner in the neck during an attack outside their apartment in Bedford-Stuyvesant.

District Attorney Gonzalez said, “This defendant allegedly violated the sanctity and safety of this couple’s home when he showed up at their door spewing hate, then escalated it to a violent assault. There is no place for such ignorance and intolerance in Brooklyn, where we celebrate our diversity. We will now seek to hold this defendant accountable for this very serious attack.”

The District Attorney identified the defendant as Emmanuel Dash, 32, of Bedford-Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 25-count indictment in which he is charged with second-degree attempted murder, first-degree assault as a hate crime and related charges. He was ordered held on $40,000 bail and to return to court on October 23, 2019. The defendant faces up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on June 22, 2019, at approximately 6:00 a.m., the victim, a 32-year-old male, and his non-gender conforming partner, were allegedly harassed by the defendant outside their apartment on Malcom X Boulevard in Bedford-Stuyvesant. The defendant allegedly knocked on various apartment doors looking for the couple and threatened them when he found their apartment. While outside the apartment, the defendant allegedly said: “I’m glad I know where you live, because I don’t like gay people.”

When the victim’s partner opened the door, the defendant allegedly threatened the partner with a knife. The partner then shut the door to the apartment and told the victim what happened. A short time later, the couple sought to speak with the defendant, who they recognized from the neighborhood.

As the couple was returning to their building, the defendant allegedly charged towards them in the street and allegedly started attacking them with a weapon. The victim was stabbed in the back of the neck while attempting to retreat into the apartment building.

After the defendant fled, the victim’s partner called 911. The victim was taken to Kings County Hospital with a stab wound to the back of the neck, approximately six inches in length, that partially severed the vertebral artery. The defendant was arrested on July 24, 2019, at his home.

The case is being prosecuted by Senior Assistant District Attorney Peter Choi, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Ari Farkas, Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Kelli M. Muse, Bureau Chief.

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

 

FOR IMMEDIATE RELEASE
Thursday, August 22, 2019

 

Off-Duty NYPD Officer Indicted for Insurance Fraud After
He Allegedly Attested Falsely that His Car Was Stolen

Defendant’s BMW Convertible Was Found Torched Two Days
Before the Date He Claimed Under Oath That He Used It Last

Brooklyn District Attorney Eric Gonzalez today announced that a New York City Police Department officer has been indicted for insurance fraud, falsifying business records and related charges for allegedly filing a false insurance claim, stating his vehicle was stolen when, in fact, the same car was found burned down at an earlier date.

District Attorney Gonzalez said, “Insurance fraud victimizes both the insurer and paying customers that get hit with higher premiums. That this crime was allegedly committed by a police officer is troublesome because we demand honesty and integrity from all of our law enforcement officials. We intend to hold this defendant accountable and continue to investigate every instance of fraud or misconduct.”

The District Attorney identified the defendant as Police Officer Kirk Peddie, 43, of Crown Heights, Brooklyn, a 15-year veteran of the NYPD who was assigned to the 66th Precinct patrol unit at the time of the incident. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an 11-count indictment in which he is charged with third- and fourth-degree insurance fraud, first-degree falsifying business records, third-degree attempted grand larceny and related counts. The defendant was released without bail and ordered to return to court on October 23, 2019. He faces up to seven years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on December 25, 2016 the defendant called 911 to report that his BMW had been stolen and he filed two supporting depositions attesting to the fact that he had last seen and moved the vehicle to a parking spot near his residence on December 22, 2016. Subsequently, the defendant filed a claim with his insurance company, State Farm Mutual Automobile Company, which required him to submit an additional affidavit of vehicle theft. He again stated in that affidavit that he last saw the vehicle on December 22, 2016.

On December 20, 2016, the FDNY responded to a vehicular fire in East New York involving a 2006 BMW 650i convertible, which was later determined to be registered to the defendant.

On February 15, 2017, the Defendant was deposed in regards to his insurance claim and stated that he actually last moved his car on December 8, 2016. When confronted about the change of date, he admitted that he had no explanation for giving the factually impossible date in the above-mentioned documents.

The District Attorney thanked the NYPD and its Internal Affairs Bureau for the assistance in the investigation.

The case was investigated by Lieutenant John Orecchia of the NYPD’s Internal Affairs Bureau.

The case is being prosecuted by Senior Assistant District Attorney Peter Choi, formerly of the District Attorney’s Civil Right Bureau, under the supervision of Assistant District Attorney Patrick L. O’Connor, Bureau Chief of the District Attorney’s Law Enforcement Accountability Bureau, and Assistant District Attorney Christopher Eribo, Deputy Chief, and the overall supervision of Executive Assistant District Attorney Joseph Alexis, Chief of Trials, and Executive Assistant District Attorney Tali Farhadian-Weinstein, General Counsel.

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

 

FOR IMMEDIATE RELEASE
Thursday, August 22, 2019

 

Middle School Teacher Sentenced to Four Years in Prison
For Sexually Assaulting 14-Year-Old Student

Child was Assaulted on Seven Occasions in Classroom and School Bathroom

Brooklyn District Attorney Eric Gonzalez today announced that a 36-year-old former teacher at Lenox Academy Middle School in Canarsie has been sentenced to four years in prison following his guilty plea last month to sexually assaulting a 14-year-old student on multiple occasions.

District Attorney Gonzalez said, “This defendant exploited his position of trust to prey on a young student, which is an unconscionable betrayal. Schools should be safe havens and parents must be able to feel that their children are being protected while attending class. I hope today’s sentence brings some closure to the young student and his family and I remain steadfast in my commitment to protecting our children.”

The District Attorney identified the defendant as Andre Braddy, 36, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Jill Konviser to four years in prison. The defendant pleaded guilty on July 2, 2019 to second-degree criminal sexual act, promoting a sexual performance of a child and related charges, before Justice Konviser, in exchange for the promised sentence, over the objection of prosecutors, who had asked for five years in prison. The defendant faced up to seven years if convicted at trial.

The District Attorney said that, according to the investigation, on seven occasions between March 19, 2018 and April 20, 2018, in Lenox Academy, located on Flatlands Avenue, in Canarsie, Brooklyn, the defendant, who was 34 years old, sexually assaulted a 14-year-old male student, in his classroom and in the school bathroom, including during school hours. The defendant also admitted to exchanging sexually explicit photos with the student.

The defendant was arrested after the victim’s mother found sexually explicit photos and text messages on his phone and confronted the child, who disclosed the abuse.

The case was prosecuted by Senior Assistant District Attorney Bridget Brodzinski, of the District Attorney’s Special Victims Bureau, under the supervision of Miss Gregory, Chief.

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FOR IMMEDIATE RELEASE
Wednesday, August 21, 2019

 

Queens Man Charged with Reckless Manslaughter for Causing
Cyclist’s Death by Speeding and Running a Red Light

Defendant Allegedly Drove at Over 60 mph and Struck Vehicle at Intersection,
Sending it Crashing into Victim, Killing Him

Brooklyn District Attorney Eric Gonzalez today announced that an 18-year-old Queens man has been indicted for reckless manslaughter, criminally negligent homicide, assault and other charges for killing a cyclist at a Midwood intersection when he allegedly sped through a steady red light and collided with an SUV, causing it to strike the victim who was waiting for the light to change.

District Attorney Gonzalez said, “This tragic case illustrates the dangers faced by cyclists and pedestrians when drivers choose to recklessly ignore the rules of the road. I urge all motorists to obey the speed limit, follow all traffic laws and yield the right of way to those who share our streets. If they don’t, they might take a life in an instant – and face serious criminal charges. I am committed to doing my part to promote safety and will continue to investigate cases of vehicular violence and bring criminal charges whenever they are supported by the facts and the law.”

The District Attorney identified the defendant as Umar Mirza Baig, 18, of Rego Park, Queens. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 17-count indictment in which he is charged with second-degree manslaughter, second-degree assault, criminally negligent homicide and other charges. Bail was set at $50,000 bond or $10,000 cash and the defendant was ordered to return to court on October 23, 2019. He faces a maximum sentence of five to 15 years in prison if convicted of the top count with which he is charged.

The District Attorney said that on August 11, 2019 the defendant was driving a 2019 Dodge Charger, going southbound on Coney Island Avenue in Midwood, Brooklyn. The investigation found that when he crossed Avenue L at 12:27 p.m., the defendant was speeding through a steady red light which turned red at least five seconds earlier, and collided with a 2018 Honda Pilot that had the light and was heading east on Avenue L. The Dodge was allegedly going at approximately 61 mph in a 25 mph zone at the time of the impact, the evidence shows.

As a result of the collision, the Honda was forced diagonally across the intersection and struck a cyclist who was situated in the southeast corner, waiting for the light to change on the northbound lanes of Coney Island Avenue.

The cyclist, 52-year-old Jose Alzorriz, was thrown off his bike and became pinned between a brick wall and the Honda. He was pronounced dead at Coney Island Hospital. The driver of the Honda sustained internal bleeding and spine trauma.

The case was investigated by Detective Jared Vazquez of the New York City Police Department’s Collision Investigation Squad.

The case is being prosecuted by Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Vehicular Crimes Unit, and Senior Assistant District Attorney Jacob Uriel, also of the Vehicular Crimes Unit, under the supervision of Assistant District Attorney Craig Esswein, Unit Chief, and the overall supervision of Assistant District Attorney David Klestzick, Deputy Chief of the District Attorney’s Trial Division.

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

 

FOR IMMEDIATE RELEASE
Tuesday, August 20, 2019

 

Brooklyn Man Arraigned on Indictment Charging Him With
Attempted Murder as a Hate Crime in Anti-Black Attack

Defendant Allegedly Stabbed Woman During Racist Attack in Subway Station

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man was arraigned on a 23-count indictment in which he is charged with attempted murder as a hate crime and other charges in connection with a stabbing incident during which he allegedly yelled anti-Black sentiments at a 57-year-old Black woman.

District Attorney Gonzalez said, “This was a frightening, unprovoked attack on a woman who was allegedly targeted because of her race. We will now seek to bring this defendant to justice to keep the public safe. As intolerance is increasingly accepted and individuals brazenly act on racial animosity, we will be vigilant in prosecuting bias-motivated crimes.”

The District Attorney identified the defendant as Aleksejs Saveljevs, 33, of Manhattan Beach, Brooklyn. He was arraigned today on a 23-count indictment in which he is charged with second-degree attempted murder as a hate crime and related charges before Brooklyn Supreme Court Justice Danny Chun. The defendant was ordered held on $250,000 bail and to return to court on September 20, 2019.

The District Attorney said that, according to the investigation, on November 9, 2018, at approximately 7:30 p.m., inside of the Church Avenue subway station, a Black woman who had just gotten off the Q train was walking on the platform towards the station exit when the defendant allegedly approached her from behind, grabbed her and repeatedly struck her about the shoulders and upper back. An eyewitness approached and attempted to help, asking: “What is going on here?” The defendant allegedly replied: “You (expletive) Black (expletive).” The eyewitness then helped the victim up the stairs and shielded her from the defendant, who continued to approach them. The eyewitness told the defendant to back off and he fled the scene.

The victim went up the stairs and began to spit up blood. She was examined at the scene by emergency medical personnel, filed a report with police and went home. Later that night, the victim began to vomit as she was trying to sleep, noticed blood on her sheets and realized she had been stabbed in her back. She called 911 and was taken to Kings County Hospital and treated for a collapsed lung. She was released from the hospital on November 15, 2018.

Two days later, while going through items she was carrying during the assault she found a screwdriver inside of her lunch bag that didn’t belong to her and called police. The defendant’s DNA, which was stored in the City’s database following an unrelated arrest, was allegedly recovered from the screwdriver.

The case was investigated by New York City Police Detective Michael Rodriguez, with the assistance of Detectives Alfred Genao and Damon Ford, of the NYPD’s Hate Crimes Task Force, under the supervision of Sergeant Matthew Fromkin.

Assistant District Attorney Adriana Rodriguez and Paralegal Michael Chung, of the District Attorney’s Hate Crimes Bureau, assisted in the case.

The case is being prosecuted by Assistant District Attorney Kelli Muse, Chief of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Joseph P. Alexis, Chief of the Trial Division.

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An indictment is merely an accusation and not proof of a defendant’s guilt

 

FOR IMMEDIATE RELEASE
Thursday, August 15, 2019

 

Drunk Driver Sentenced to Up to 9 Years in Prison for Crash
That Fatally Pinned Coworker at South Slope Job Site

Defendant Pleaded Guilty to Manslaughter in the Second Degree

Brooklyn District Attorney Eric Gonzalez today announced that a 36-year-old Bronx man has been sentenced to three to nine years in prison following his guilty plea to manslaughter for fatally pinning a coworker against a wall while drunkenly trying to park a van at a South Slope job site.

District Attorney Gonzalez said, “This defendant’s recklessness in drinking and driving took the life of a beloved man who was a husband, a father and a brother. The defendant’s actions changed the lives of his victim’s devastated family forever, leaving them heartbroken. He has now been held accountable for this senseless death.”

The District Attorney identified the defendant as Leonel Ortega-Flores, 36, of Fordham Heights in the Bronx. He was sentenced today to three to nine years in prison by Brooklyn Supreme Court Justice Martin Murphy. The defendant pleaded guilty to second-degree manslaughter before Brooklyn Supreme Court Justice Matthew Sciarrino on August 1, 2019.

The District Attorney said that, according to the investigation, on June 30, 2018, at approximately 8:03 p.m., the defendant went to park a 2004 GMC Savannah van after drinking four to five Corona beers with coworkers at a jobsite on 21st Street near 4th Avenue in the South Slope section of Brooklyn. The investigation revealed that the defendant, who was unlicensed, floored the gas pedal, drove the van onto the sidewalk and struck the victim, Jose Cardoso, 32. The crash pinned the victim, who had unlocked and opened a garage gate for the van to enter, between the front of the van and the wall of a warehouse.

The victim was taken to Lutheran Hospital where he died. The defendant fled the scene following the crash, returning to his home in the Bronx where he was arrested later that evening. The defendant identified himself in still photos taken from surveillance video at the scene.

The case was prosecuted by Assistant District Attorney Michael Boykin and Assistant District Attorney Queenie Paniagua, of the District Attorney’s Green Zone Trial Bureau, under the supervision of Assistant District Attorney James Lin, Bureau Chief, and overall supervision of Executive Assistant District Attorney David Klestzick, Deputy Chief of the Trial Division.

 

FOR IMMEDIATE RELEASE
Wednesday, August 14, 2019

 

Long Island Man and California Lawyer Indicted for Allegedly Conspiring to Steal Over $250,000 From Three Victims in Fraudulent Scheme

Allegedly Told Victims that Defendant’s Son was Critically Ill and
Urgently Needed Funds for Treatment Overseas

Brooklyn District Attorney Eric Gonzalez today announced that two men have been indicted on charges of grand larceny, scheme to defraud and money laundering for allegedly conspiring to steal over $250,000, using fraudulent claims about an investment opportunity, a real estate sale and a gravely ill child to induce three people to lend or pay them money. It is alleged that the defendants falsely claimed that the victims’ money would be used to pay for life-saving medical treatment for one defendant’s son, and further claimed that the victims would be compensated when the defendant inherited a valuable estate from his elderly, dying uncle.

District Attorney Gonzalez said, “These defendants allegedly preyed on the sympathy of their victims to steal hundreds of thousands of dollars. I strongly encourage anyone considering investing money or purchasing real estate to be prudent and look into the backgrounds of those with whom they are doing business.”

The District Attorney identified the defendants as Douglas Mills, 57, of Baldwin, New York and an indicted co-conspirator who was arrested yesterday in California and is awaiting extradition. Mills was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a six-count indictment in which he is charged with fourth-degree conspiracy, second-degree grand larceny, first-degree scheme to defraud and second- and third-degree money laundering. He was ordered held on bail of $20,000 bond or $10,000 cash and to return to court on October 16, 2019. The defendants face up to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, the defendants allegedly conspired to induce the victims to lend or pay them money based on fraudulent representations that Mills’ young son was critically ill and required medical treatment at a clinic overseas. The defendants also falsely claimed that Mills would soon inherit a property on Ninth Street, in Brooklyn, which was owned by his uncle. It is alleged that Mills’ son was not ill and did not require treatment overseas, and that Mills’ uncle did not own the Brooklyn property.

In December 2016, Mills allegedly told the first victim, who he met through a mutual acquaintance, that he urgently needed $150,000 to bring his young son to Switzerland, where the boy could receive treatment for his life-threatening illness. Mills proposed an investment opportunity, whereby the victim would lend Mills $150,000 to pay for the medical treatment, and Mills would repay the victim $300,000 within a few months. According to the investigation, Mills claimed that he would be able to repay the victim when he inherited his uncle’s property on Ninth Street.

The indictment further alleges that the indicted co-conspirator, an attorney, claimed to represent Mills. The attorney sent the victim documents that purported to formalize the investment agreement and assured him that he would be paid $300,000 by April 2017. As a result of the defendants’ representations, the victim wired $150,000 to his attorney trust account. The day he received the funds, the co-defendant allegedly transferred $80,000 from his trust account to other accounts he owned or controlled at the same bank and transferred an additional $55,000 to outside accounts held by other entities.

The victim was not repaid in April 2017. Instead, Mills and the co-defendant allegedly offered the victim a series of excuses, including the claim that Mills’ uncle had died, but that the defendants did not have access to Mills’ inheritance because the estate had not been settled.

The indictment further alleges that, later in 2017, Mills and the co-defendant stole approximately $116,000 from two more victims, a married couple who were looking to purchase a home in Brooklyn. Mills allegedly claimed, again, that he would inherit the property on Ninth Street after his uncle passed away and offered to sell it to the victims for approximately $100,000 on the condition that the husband pay immediately. As with the first victim, Mills and the co-defendant allegedly told the couple that Mills needed the money to cover the cost of his son’s medical treatment at a clinic in Switzerland. Mills also allegedly told the victim that he would pay him $425,000 if he was unable to deliver the title to the Ninth Street property for any reason. The defendant asked for a cashier’s check for $34,000 and accompanied the victim to his bank, where he received the money. The following day, at Mills’ direction, the victim allegedly wired $72,000 to the co-defendant’s attorney trust account.

The co-defendant allegedly sent the victim and his wife a fraudulent real estate contract memorializing Mills’ agreement to sell the victim the Ninth Street property, and personally guaranteed that the victim would be paid $425,000 if Mills was unable to deliver the title for any reason.

Several months later, Mills allegedly told the victim’s wife that he needed $10,000 to fly to Switzerland to be with his son, who was on his deathbed. The defendant went to the victim’s wife’s workplace to receive the money and allegedly said he would repay her within weeks, when his uncle finally passed away. The victims did not receive title to the property and were never repaid.

Anyone who believes they were victimized by these defendants should call the District Attorney’s Action Center at 718-250-2340.

The case is being prosecuted by Senior Assistant District Attorney Elizabeth Kurtz, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit, Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

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

 

FOR IMMEDIATE RELEASE
Tuesday, August 13, 2019

 

Brooklyn Contractor Indicted for Allegedly Stealing over $700,000 by Charging Midwood Couple for Construction Work That Wasn’t Performed

Allegedly Made Fraudulent Misrepresentations About Permits and Other Required Expenses; Spent Money on Travel, Fine Dining, Luxury Apparel and More

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn contractor has been charged in a 55-count indictment with larceny and forgery for allegedly stealing over $700,000 from a Midwood couple by charging them for a large-scale home renovation project but performing little to no work.

District Attorney Gonzalez said, “This defendant allegedly engaged in a lengthy and brazen scheme that took advantage of homeowners who put their trust in him. We will continue to investigate fraud and corruption in the construction industry and to seek justice for those who are victimized by unscrupulous or dishonest contractors.”

The District Attorney identified the defendant as Steven Crystal, 45, of Midwood, Brooklyn, who is the owner of House Doctor LLC. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 55-count indictment in which he is charged with second-, third-, and fourth-degree grand larceny and second-degree criminal possession of a forged instrument. He was ordered held on bail of $50,000 bond or $25,000 cash and to return to court on October 29, 2019.

The District Attorney said that between December 2012 and February 2018, the defendant allegedly devised a series of schemes to defraud a Midwood couple who hired him to perform minor repairs to their home. The scope of work soon expanded to include the following projects: excavation and renovation of the basement in order to create a medical office for the male victim’s practice; building a six-story extension to the two-story home with a parapet wall; construction of an enclosed balcony with a retractable roof; repair of various leaks from the old roof; installation of an elevator; and installation of new gas and water lines.

The investigation found that the victims wrote over 300 checks to the defendant, based upon various fraudulent misrepresentations regarding the construction and renovation of their home. For instance: the defendant allegedly asked for money to pay for environmental reviews, architectural designs, construction permits and much more. To bolster the scheme, the defendant allegedly sent emails purportedly from government and other entities to show the necessity of the funds and presented the victims with other requests for fees that were actual forgeries. Furthermore, multiple checks written to the defendant by the victims were visibly altered and re-deposited multiple times into his accounts, the investigation found.

As a result of these multifaceted schemes, the victims lost over $700,000 in total.

A forensic analysis of the defendant’s bank records indicated that, unbeknownst to the victims, he utilized all of the funds for his own personal gain, including: $225,000 in ATM withdrawals; over $38,000 in purchases from Coach, Diane von Furstenburg, Oscar de la Renta, Burberry and other luxury retailers; $6,000 on flights; dinners at Tao, the Russian Tea Room and other restaurants; and more.

There were no debits on his accounts from the NYC Department of Buildings, the NYC Board of Standards & Appeals, the NYC Department of Transportation or the Department of Environmental Protection, nor were any permits issued by any of those agencies. In addition, there were no debits against his accounts for the various vendors and subcontractors that he represented were working on the numerous projects on the property. There were only $9,000 in expenses on building materials. While the defendant initially made some cosmetic repairs, little to no work was ever performed on the property.

The case was investigated by a Detective Investigator from the District Attorney’s Investigations Bureau, Supervising Financial Investigator Deborah Wey of the District Attorney’s Investigations Division, and Detective William Wilson of the New York City Police Department’s 70th Precinct Detective Squad.

The case is being prosecuted by Senior Assistant District Attorney Deidre Moskowitz with the assistance of Assistant District Attorney David Vargas, of the District Attorney’s Frauds Bureau, under the supervision of Senior Assistant District Attorney Laura Neubauer, of the Frauds Bureau, and Assistant District Attorney Gavin Miles, Counsel to the Frauds Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

 

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