About Ernest Johnson

FOR IMMEDIATE RELEASE
Wednesday, June 5, 2019

 

Drunk Driver Pleads Guilty to Aggravated Vehicular Homicide for Wrong Way Collision on Belt Parkway That Killed Passenger in Lyft
And Severely Injured Two Others

Defendant to be Sentenced to Seven to 21 Years in Prison

Brooklyn District Attorney Eric Gonzalez today announced that a 51-year-old Sheepshead Bay man has pleaded guilty to aggravated vehicular homicide and other charges for causing a head-on collision with a Lyft vehicle that killed one passenger and severely injured a second passenger and the Lyft driver on the Belt Parkway in July 2018. The impact of the collision catapulted one passenger into the front seat and caused the car to go up on to the guardrail.

District Attorney Gonzalez said, “The reckless and irresponsible actions of this defendant ended the life of a promising young man and devastated his family. By choosing to operate a vehicle while intoxicated, the defendant was a danger to everyone that night. I am committed to prosecuting dangerous drivers who threaten the safety of everyone on our roads.”

The District Attorney identified the defendant as Aleh Sheipak, 51, of Sheepshead Bay, Brooklyn. He pleaded guilty today to aggravated vehicular homicide and aggravated driving while intoxicated before Brooklyn Supreme Court Justice Danny Chun, who indicated that he will sentence the defendant to seven to 21 years on August 7, 2019.

The District Attorney said that, according to the investigation, on July 12, 2018, at approximately 1:51 a.m., the defendant was observed driving his 2011 Volkswagen Tiguan eastbound on the westbound lane of the Belt Parkway. The investigation revealed that the defendant drove over two miles in the wrong direction and collided head-on with a 2018 Honda Accord Lyft at Exit 3, near the Verrazzano Bridge entrance ramp of the Belt Parkway. The impact of the collision caused the Honda to land on the guardrail in the center median.

Furthermore, one of the passengers, 27-year-old Gerald Obah, was trapped in the back seat, while a second passenger, a 29-year-old woman, was catapulted into the front seat. The 20-year-old driver also suffered significant injuries. While at the scene the defendant showed signs of intoxication. The defendant failed a sobriety test administered by responding officers. The two injured passengers, who were coming from John F. Kennedy airport, were transported to NYU Langone Hospital, where Obah was pronounced dead. The woman was treated for multiple fractures and lacerations to her head, hip and leg. Both drivers were taken to Maimonides Hospital, where the defendant was treated for minor injuries and the Lyft driver was treated for a broken leg, jaw fracture, and lacerations to the face.

A warrant was obtained for the defendant’s blood and an analysis revealed that the defendant’s alcohol content at the time of the collision was in excess of .18, more than twice the legal limit.

The case was prosecuted by Senior Assistant District Attorney Joseph Mancino, of the District Attorney’s Blue Zone Trial Bureau and Assistant District Attorney Theresa Shanahan, Deputy Chief of the Blue Zone, under the supervision of Assistant District Attorney Robert Walsh, Bureau Chief. Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Vehicular Crimes Unit and Assistant District Attorney Craig Esswein, Chief of the Vehicular Crimes Unit, assisted in the prosecution.

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FOR IMMEDIATE RELEASE
Tuesday, June 4, 2019

 

Brooklyn Woman Convicted of Manslaughter for Drowning Her 2-Year-Old Daughter Inside a Storage Container Filled with Water

Child Was Found Unresponsive by Emergency Medical Services Personnel

Brooklyn District Attorney Eric Gonzalez today announced that a Sunset Park woman has been convicted of manslaughter for the 2016 drowning death of her 2-year-old daughter, Melody Zheng. The defendant put the victim in a container and held her under water until she stopped struggling. She later called 911. She was also convicted of attempted assault for holding her four-year-old son’s head under water a day earlier.

District Attorney Gonzalez said, “Melody was a defenseless child who depended on her mother to protect her. It is extremely sad and inexplicable that she lost her life at the hands of the person who should have kept her safe. Nothing will bring Melody back, but with this verdict we make clear that we will bring to justice those who harm our children.”

The District Attorney identified the defendant as Lin Li, 27, of Sunset Park, Brooklyn. She was convicted today of first-degree manslaughter and first-degree attempted assault following a jury trial before Brooklyn Supreme Court Justice Deborah Dowling. She faces up to 25 years in prison on the manslaughter charge and up to 15 years in prison on the attempted assault charge when she is sentenced on June 24, 2019.

The District Attorney said that, according to trial testimony, on March 13, 2016, at approximately 8:50 p.m., in an apartment on 47th Street in Sunset Park, Brooklyn, the defendant took her 2-year-old daughter Melody Zheng into the bathroom to punish her. She placed Melody inside a storage container in the tub and filled it with water. The defendant then submerged the child’s head under the water until she stopped struggling, according to evidence brought out at trial. She submerged her son under water a day earlier.

The victim was found unconscious and unresponsive when EMS arrived. She was taken to Maimonides Hospital, where she was pronounced dead at 9:20 p.m. The Medical Examiner determined that Melody had multiple bruises and contusions that were consistent with her being held under water and drowned.

The case was prosecuted by Assistant District Attorney Roger McCready, Counsel to the District Attorney’s Special Victims Bureau, and Senior Assistant District Attorney Deborah Cohen, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE
Monday, June 3, 2019

 

Brooklyn Man Indicted for Rape, Sexual Abuse and Burglary for
Allegedly Attacking Elderly Neighbor in Her East New York Home

Defendant Allegedly Dragged 88-Year-Old Woman to Basement
Where She was Bound and Raped

Brooklyn District Attorney Eric Gonzalez today announced that a 24-year-old Brooklyn man has been arraigned on an indictment for allegedly raping an 88-year-old woman after restraining her in the basement of her East New York home.

District Attorney Gonzalez said, “This defendant allegedly assaulted a vulnerable and defenseless woman in her own home, which should be a safe space. I am committed to seeking justice for victims of sexual assault and intend to hold this defendant fully accountable for this disturbing and violent attack.”

The District Attorney identified the defendant as Selwyn Worrell, 24, of East New York, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice William Miller on a 23-count indictment in which he is charged with first-degree rape, first-degree sexual abuse, first-degree burglary as a sexually motived felony, and related charges. He was ordered held on $500,000 bail and to return to court on July 30, 2019. He faces up to 25 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on April 24, 2019, at approximately 1 p.m., the defendant knocked on the victim’s door to access the back door of his home from her backyard. The victim allowed the defendant to walk through her home — as she had on numerous previous occasions when the defendant did not have his keys — and sat down to watch television.

Minutes later, according to the investigation, the defendant allegedly re-entered the victim’s home through the back door, grabbed her by the neck and dragged her to the basement. It is alleged that the defendant bound the victim with an electrical cord, gagged her with a pillow case, punched her in the face, pushed her to the floor and raped her. He then allegedly rummaged through her belongings.

The victim had activated her life alert bracelet to summon help as the defendant was allegedly dragging her down the basement stairs. Approximately a half-hour after sending the alert, EMS arrived, as did the victim’s daughter, and found the victim half-naked on the floor of her basement, bound and gagged. EMS called 911 to alert the police.

The victim’s daughter immediately went to the defendant’s home to tell his family about the assault. When the defendant’s father confronted him, he allegedly fled and was captured by his father several blocks away and detained until police arrived.

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

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

 

FOR IMMEDIATE RELEASE
Wednesday, May 29, 2019

 

Virginia Man Sentenced to 15 Years in Prison in Connection with Trafficking
217 Firearms Purchased in Virginia to be Sold on the Streets of Brooklyn

Defendant, a Leader of the Conspiracy, is 24th Individual to be Sentenced for His Role

Brooklyn District Attorney Eric Gonzalez today announced that a Virginia man has been sentenced to 15 years in prison following his guilty plea earlier this month to first-degree criminal sale of a firearm in connection with an operation that trafficked 217 firearms purchased in his home state to be sold on the streets of Brooklyn. The defendant is the last of 24 defendants, including 22 Virginia residents, sentenced for their involvement in the conspiracy.

District Attorney Gonzalez said, “I hope today’s substantial prison sentence – and the additional sentences given to each codefendant – sends an unambiguous message: out-of-state gun runners who threaten our communities with deadly weapons will be found, will be prosecuted and will be brought to justice for their crimes. My Office will continue to focus resources on those responsible for driving violent crime as part of my commitment to keeping Brooklyn safe and strengthening community trust.”

The District Attorney identified the defendant as Jaquan Spencer, 24, a.k.a. Madcat. He was sentenced today by Brooklyn Supreme Court Justice William Harrington to 15 years in prison and five years’ post-release supervision. He pleaded guilty to first-degree criminal sale of a firearm on May 9, 2019.

Among the other top defendants who pleaded guilty to first-degree criminal sale of a firearm and have been sentenced are: Damian King, 29, a.k.a. Havoc, who was sentenced to 15 years in prison and five years’ post-release supervision; Levar Shelborne, 31, a.k.a. Wavy Boy, who was sentenced to 13 years in prison and five years’ post-release supervision; Antwan Walker, 24, who was sentenced to 15 years in prison and five years’ post-release supervision; Kenneth Threatts, 23, who was sentenced to 12 years in prison and five years’ post-release supervision; Tevin Richardson, 28, who was sentenced to 10 years in prison and five years’ post-release supervision; and Renardo Maye, 22, who was sentenced to nine years in prison and five years’ post-release supervision.

The remaining defendants pleaded guilty to charges ranging from third-degree criminal sale of a firearm, second-degree attempted criminal possession of a weapon, perjury and fourth-degree conspiracy and received sentences ranging from five years in prison to community service and probation, depending on their roles.

Between June 2016 and February 2017, according to the investigation, the defendants conspired to sell guns purchased in Virginia to a purchaser in Brooklyn. The weapons recovered during the course of the investigation include assault weapons such as AK-47s, AR-15s, Thomson Industries (a.k.a. Tommy guns), Mossberg 715Ts, and MAC-10s. The handguns include a .45 caliber Desert Eagle 1911, Glocks with extended ammunition magazines and 50 round ammunition drums, and handguns of various calibers including .45 caliber, .40 caliber, .380 caliber, and 9mm.

One arm of the criminal organization operated in the area of Henrico and Richmond Counties, while the other arm of the conspiracy operated in the cities of Hampton and Newport News. The individuals comprising each arm of the conspiracy received direction from higher ranking members from each geographic area, who coordinated and organized the joint firearms trafficking operation between the two areas.

The defendants, including Spencer, King and Shelborne, travelled by automobile or took the bus to New York with anywhere from two to 12 guns at a time to meet the purchaser and complete the sale. Other defendants served as so-called ‘straw purchasers,’ individuals who, while legally entitled to purchase firearms under Virginia law, did so in this case only in order to give them to other defendants for illegal resale in Brooklyn.

According to the investigation, the sales took place at various locations in Brooklyn, including in Bedford-Stuyvesant, Fort Greene, Sunset Park, and Boerum Hill. The firearms and ammunition were sold at a significant profit. The purchaser paid on average between $800 and $1,200 per hand gun and approximately $1,800 to $2,200 for the assault weapons.

The District Attorney said that the defendants, many of whom are associated with Blood gangs in Virginia and Brooklyn, used proceeds from the gun sales to fund a lavish lifestyle, purchasing drugs, jewelry, clothing, and sneakers, in addition to sending money to jailed associates. In court ordered wiretaps, the defendants are heard labeling themselves traffickers and mocking Virginia’s weak gun laws.

The case was prosecuted by Assistant District Attorney Courtney Leigh Scalice of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Jonathan R. Sennett, VCE Deputy Chief and Assistant District Attorney Nicole Chavis, VCE Bureau Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Thursday, May 23, 2019

 

Brooklyn DA Moves to Vacate Conviction of Man Who Was
Likely Mentally Disabled When He Pleaded Guilty to
Rape of Mentally Disabled Acquaintance

Analysis of Defendant’s Medical and Psychological History, and Statements, Show He Likely Lacked Capacity to Know She was Unable to Consent Because of Her Disability; Defense Counsel Likely Provided Ineffective Assistance by not Raising Condition as a Defense

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit, he will move to vacate a rape conviction against Livingston Broomes, 70, who served four years in prison after pleading guilty to second-degree rape. A careful analysis of the evidence in the case, including the likely mental disabilities of the defendant and the mental disability of the complaining witness, as well as the lack of a robust defense, led to the decision to vacate the conviction and dismiss the indictment.

District Attorney Gonzalez said, “After a lengthy and extensive investigation into this case, I have concluded that the cause of justice requires that we vacate the conviction of Mr. Broomes. Expert analysis of his mental capacity and an examination of the rest of the evidence reveal that the case was prosecuted as if an intellectually able individual had sexual relations with a person incapable of consent. The CRU investigation, however, revealed that he also likely suffered mental disabilities and likely did not receive effective legal assistance. This vacatur is part of my continued commitment to correct any injustice that took place in Brooklyn.”

The defendant will appear today at 2:15 p.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th floor. Publication of the full CRU report is contingent of the defendant’s waiver.

The District Attorney said that in early May 2011, a 32-year-old woman who had an intellectual disability discovered she was pregnant. She told the police and the Brooklyn District Attorney’s Office that Broomes, a 63-year-old acquaintance, forced her to have sex with him on multiple occasions. The defendant was arrested on May 3, 2011. On March 15, 2012, the defendant pleaded guilty to second-degree rape, i.e., engaging in sexual intercourse with someone who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

He was sentenced to four years in prison and 10 years’ supervised release. He completed his sentence in September 2014 and was to continue to be on post-release supervision until 2024. He was also required to register as a sex offender.

The CRU investigation revealed that the defendant was born in Barbados and was involved in a motorcycle accident in his late teens or early twenties and was severely injured, suffering two broken legs and serious head trauma that left him comatose for more than six months. He was diagnosed with dementia within weeks of his 2011 arrest. Relatives characterized him as “slow.” The complaining witness was classified as a special needs child and attended a high school for teenagers with developmental disabilities.

Furthermore, the investigation found, the defendant’s counsel didn’t recall that a few months after his arrest he began displaying signs of dementia and admitted he never considered an affirmative defense. According to the transcript of his guilty plea, the defendant told the judge “I really didn’t rape nobody,” but then proceeded to plead guilty.

The CRU investigation included an examination of police and court records, interviews with family members of the complaining witness and defendant, interviews with the defense attorney, and medical reports and examinations of both complaining witness and defendant.

The CRU has concluded that the defendant was likely mentally disabled at the time of the alleged offense and, therefore, pleaded guilty to a crime which he may not have legally committed. Furthermore, the defendant’s likely diminished mental capacity to recognize the complaining witness’s intellectual disability may well have contributed to his inability to comprehend that she could not legally consent to engage in sex or that his conduct was wrong. The CRU has also concluded that his plea was probably unknowing and, consequently, involuntary.

To date, the work of the Conviction Review Unit has resulted in 26 convictions being vacated. In addition, the CRU has found that of the cases reviewed thus far, 80 convictions are just and will not be recommended to be vacated. Approximately 80 cases are pending review.

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FOR IMMEDIATE RELEASE
Wednesday, May 22, 2019

 

East Flatbush Man Indicted for Sex Trafficking of 16-Year-Old Girl

Indictment Marks the First Time in Brooklyn a Defendant is Charged Under
New Sex Trafficking of a Child Statute

Brooklyn District Attorney Eric Gonzalez today announced that an East Flatbush man has been charged in a 12-count indictment with sex trafficking of a child, sex trafficking, promoting prostitution and related charges for allegedly forcing a 16-year-old girl to have sex with men for money and then turn over that money to him. He’s also charged with assaulting a pregnant woman who tried to rescue the teen.

District Attorney Gonzalez said, “This defendant allegedly treated a young girl as a piece of property, assaulting her and forcing her to work in the sex trade. In Brooklyn we are committed to protecting all victims of predatory and violent behavior. We will now seek to hold him accountable for his alleged actions.”

The District Attorney identified the defendant as Jermaine Taylor, 34, of East Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with sex trafficking of a child, sex trafficking, second- and fourth-degree promoting prostitution, third-degree rape, second- and third-degree assault and endangering the welfare of a child. He faces up to 32 years in prison if convicted of the top counts and will have to register as a sex offender. He was ordered held on bail of $500,000 bond or $250,000 cash and to return to court on August 7, 2019.

The District Attorney said that, according to the investigation, between May 1, 2018 and March 6, 2019, the defendant forced a 16-year-old girl to work as a prostitute on multiple occasions in Brooklyn and Queens. The investigation revealed that in addition to the minor victim, the defendant had multiple other girls that he promoted for prostitution for his personal gain.

It is alleged that the defendant slapped and punched the minor victim on multiple occasions and threatened to kill her when she told him she wanted to stop working as a prostitute.

Furthermore, it is alleged that a 28-year-old pregnant acquaintance of the victim and the defendant were in a vehicle together on August 6, 2018, when the woman attempted to rescue the minor victim. This attempted rescue allegedly prompted the defendant to push the pregnant woman out of his car. The defendant then allegedly struck the woman with his vehicle and fled the scene with the minor victim.

The minor victim was rescued by police on March 6, 2019 after intelligence collected by our office informed police about her whereabouts.

The sex trafficking of a child statute was signed into law by Governor Andrew Cuomo in November 2018. Under the new law, prosecutors will no longer have to prove that force, fraud or coercion was used against the underage victims and thus will spare the victims from testifying in many instances. This indictment marks the first time in Brooklyn a defendant is charged under the new sex trafficking of a child statute.

The case was investigated by Detective John Zerafa of the New York City Police Department/Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the supervision of Lieutenant Joseph Picarello and Captain Thomas Milano, and the overall supervision of Inspector James Klein, Commanding Officer of the NYPD’s Vice Enforcement Division.

The District Attorney thanked Special Agents from the FBI’s Crimes Against Children Squad in New York, Detective Theresa Nietzel from the Erie County Sherriff’s Office, Manhattan North Fugitive Warrants division along with the Jersey City Police Department for their assistance in the investigation.

Senior Intelligence Analyst Brooke Middleton of the District Attorney’s Crime Strategies Unit assisted in the investigation.

The case is being prosecuted by Assistant District Attorney David Weiss, Deputy Chief of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.

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

FOR IMMEDIATE RELEASE
Wednesday, May 22, 2019

 

Long Island Man Indicted for Forging Deed in Scheme to Steal Brownstone Worth Over $1 Million from Brooklyn Homeowner

Defendant Allegedly Transferred Ownership and Sold 80-Year-Old
Woman’s Vacant Home without her Knowledge or Consent

Brooklyn District Attorney Eric Gonzalez today announced that a Long Island man has been arraigned on an indictment in which he is charged with grand larceny and money laundering for allegedly stealing a vacant brownstone worth over $1 million in a deed fraud scheme targeting an 80-year-old Bedford-Stuyvesant homeowner.

District Attorney Gonzalez said, “This defendant allegedly thought he could take advantage of an elderly homeowner’s absence to steal her house and sell it before she or anyone else noticed. Brooklyn’s robust real estate market continues to be an attractive target for theft and fraud. I remain vigilant in my commitment to protecting homeowners and encourage them to protect themselves by registering with the Automated City Register Information System (ACRIS) so that they are automatically informed of changes made to documents associated with their property.”

The District Attorney identified the defendant as Craig Hecht, 51, of Mount Sinai, New York. A codefendant remains unapprehended. The defendant was arraigned yesterday before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with two counts of second-degree grand larceny and two counts of second-degree money laundering. The defendant was ordered held on $150,000 bond or $75,000 cash bail and to return to court on August 14, 2019. He faces up to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the indictment, Hecht and a codefendant allegedly stole the deed to 260 Clifton Place, a two-story Bedford-Stuyvesant brownstone owned by an 80-year-old woman. The victim and her family lived in the residence for over three decades. In 2010, the family vacated the property after a fire made the building uninhabitable.

Hecht allegedly formed an entity called Ernestina Thomas LLC that he filed with the New York State Department of State on April 20, 2015. Ten days later, the codefendant allegedly opened a bank account called Ernestina Thomas LLC (ET). The victim did not know about or consent to any of this.

On September 18, 2015, according to the investigation, Hecht set up a closing where 260 Clifton Place was transferred to an entity called TDA Development. A deed with the victim’s forged signature, which transferred the property from her to TDA, was filed and recorded with the City Register. The bulk of the proceeds of the sale went into an ET account which the codefendant controlled.

Shortly thereafter, Hecht offered 260 Clifton Place to a prospective buyer. It is alleged that on November 5, 2015, the codefendant opened a bank account for TDA and the following day the property was transferred from TDA to the buyer at a closing for $850,000, with most of the proceeds of that sale going into the codefendant’s TDA account. From the funds allegedly stolen out of the two closings, the codefendant wired $190,000 to an account he had in Athens, Greece, withdrew another $120,000 in a series of cash withdrawals and transferred over $250,000 to an account held by Hecht’s wife.

The victim was notified of the alleged theft when a neighbor called to tell her that someone was working on the house and introduced himself as the new property owner. She then notified the District Attorney’s Office.

The case was investigated by Detective Investigators assigned to the KCDA Investigations Bureau. Supervising Financial Investigator Vincent Jones assisted in the investigation, as did Investigative Analyst Megan Carroll, both of the District Attorney’s Investigations Division.

The case is being prosecuted by Senior Assistant District Attorney Linda Hristova, of the District Attorney’s Frauds Bureau, with assistance from Senior Assistant District Attorney Patrick Cappock, under the supervision of Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit and 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
Wednesday, May 22, 2019

 

Four Defendants Indicted for Stealing $276,000 From Couple
Who Thought They Were Buying a House in Canarsie

Defendants Showed Vacant Property That They Did Not Own and Were Not Authorized to Sell
To the Prospective Buyers, Allegedly Falsified Documents Purporting to Transfer Ownership

Brooklyn District Attorney Eric Gonzalez today announced that four men have been arraigned on an indictment in which they are variously charged with grand larceny, money laundering, identity theft, and other charges for allegedly conspiring to sell a vacant Canarsie house to the victims, using forged documents to conceal the fact that the homeowner was deceased, and then stealing the $276,000 that the couple paid for the property.

District Attorney Gonzalez said, “These defendants allegedly engaged in an elaborate scam to steal the savings of an innocent couple. I am committed to protecting homeowners and home purchasers in Brooklyn and will now seek to hold the defendants accountable for this alleged scheme. As property values continue to rise in Brooklyn, protecting residents from fraudulent real estate schemes is a top priority.”

The District Attorney identified the defendants as Ramjit Jaikaran, a.k.a. A.J. Jaikaran, 55, of South Ozone Park, Queens; Colin Hill, 41, of Jamaica, Queens; Kaso Rampersad, 51, of Orlando, Florida, and Justin Codrington, 29, of New Rochelle, New York.

Defendants Jaikaran and Hill were arraigned before Brooklyn Supreme Court Justice Joanne Quinones on April 16, 2019; defendants Rampersad and Codrington were arraigned before Justice Danny Chun on April 17, 2019 and yesterday, May 21, 2019, respectively. The defendants are variously charged, in the 20-count indictment with one count of conspiracy, one count of second-degree grand larceny, two counts of first-degree identity theft, seven counts of second-degree criminal possession of a forged instrument, one count of fourth-degree conspiracy, and five counts of first-degree falsifying business records. Hill is charged with one count of practicing and appearing as an attorney at law without being admitted and registered, and Codrington is charged with one count of criminal possession of stolen property and two counts of second-degree money laundering. They face up to 15 years in prison if convicted of the top count. Codrington is being held on $30,000 bail. The other defendants were released without bail. All of the defendants were ordered to return to court on June 26, 2019.

The District Attorney said that, according to the investigation, in July 2017, a married Guyanese couple who wanted to invest in Brooklyn real estate were allegedly fraudulently induced by the defendants to pay $276,000 to purchase a residential property located on East 94th Street in Canarsie, which the couple believed the defendants were authorized to sell. The property was actually owned by Ruth Adelman, who died in 1993 without a will.

It is alleged that defendant Jaikaran showed the house to the couple and claimed that it was for sale. Defendant Rampersad allegedly pretended to represent Adelman’s heir – falsely claiming that she had a son who inherited the property and was willing to sell it. Ms. Adelman did not have any children, and the person identified by the defendants as her “son” was in fact the victim of identity theft.

It is alleged that defendant Hill agreed to act as the couple’s attorney at the closing for the property on July 31, 2017. Hill is not an attorney and is not admitted to practice law in New York State.

While at the closing, it is alleged, Hill falsely claimed that Adelman’s “son” had earlier signed the contract of sale, the deed and other documents, transferring ownership of the property to the couple’s family corporation. Hill even presented them with a fraudulent death certificate for Adelman which identified her supposed son, and a fraudulent birth certificate for the “son.”

To complete the sale, the couple paid the defendants $250,000, using two bank checks for $150,000 and $125,000, along with $1,000 in cash for Hill’s “legal” fee. According to the indictment, defendant Codrington cashed the check for $150,000 using an account controlled by his company; other funds were disbursed to a company controlled by Jaikaran’s wife.

In November 2017, the couple’s family corporation was sued by Valley Capital Partners LLC, which alleged that it purchased the property from Adelman’s true heirs. One of the victims confronted defendants Jaikaran and Rampersad, in separate conversations, stating that he believed that he may have been defrauded, and, it is alleged, both defendants urged him not to report it to law enforcement.

The District Attorney thanked the New York City Sheriff’s Office for its assistance in the investigation.

The case was investigated by Detective Investigators assigned to the District Attorney’s Investigations Bureau. Detective Sergeant Teresa Russo of the New York City Sheriff’s Office, Bureau of Criminal Investigation, provided valuable assistance in the investigation.

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 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.

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

 

FOR IMMEDIATE RELEASE
Tuesday, May 21, 2019

 

Three Luna Park Housing Corp. Officials Indicted for
Conspiring to Receive Bribes, Forge Documents to Corrupt the
Process by Which Mitchell-Lama Apartments are Acquired

Defendants Include President and Treasurer of Board of Directors and Office Manager

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Margaret Garnett, today announced that three women who controlled the process by which prospective buyers applied for high demand cooperative apartments at the Luna Park Housing Corporation, a Mitchell-Lama complex in Coney Island, have been named in a 78-count indictment in which they are charged with conspiracy, grand larceny, forgery and other charges, including accepting approximately $874,000 in bribes to get apartments for ineligible applicants.

District Attorney Gonzalez said, “These defendants allegedly conspired to corrupt the process by which eligible prospective tenants could have access to affordable housing in Brooklyn, and then used their illegal proceeds to fund lavish lifestyles. Their alleged greed cheated people who were entitled to apartments that instead went to those willing to pay bribes.  My office, working with our law enforcement partners, will continue to root out fraud and corruption to ensure that New York’s scarce affordable housing opportunities are not corrupted by fraudsters trying to make a profit, but distributed fairly and honestly.”

Commissioner Garnett said, “Protecting affordable housing in New York City is not just about building more units but also preserving fair access to the ones we have. These defendants undercut that effort by manipulating the rules on access to affordable housing apartments in return for hundreds of thousands of dollars in bribes, according to the indictment. The corruption vulnerabilities DOI found during this investigation are being addressed with the City’s Department of Housing Preservation and Development, which has already begun strengthening its oversight of City-supervised Mitchell-Lama developments. DOI thanks the Brooklyn District Attorney’s Office for their partnership and commitment in this important investigation.”

Christina Scaringi, Special Agent in Charge at the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Region, said, “All around us, we see that the nation is in the grips of an affordable housing crisis. The arrests and charges announced today send an important message that this office has no tolerance for those who would undermine the administration and management of the precious few affordable housing units available for our citizens. The defendants’ alleged actions were designed to enrich themselves at the expense of New Yorkers who were denied fair access to affordable housing. HUD OIG commends the Brooklyn District Attorney’s Office for its committed and steadfast efforts in bringing this case forward.”

The District Attorney identified the defendants as Anna Treybich, 71, Irina Zeltser, 66, and Karina Andriyan, 38, all of Coney Island. They will be arraigned today on a 78-count indictment in which they are charged with fourth- and fifth-degree conspiracy, second-degree grand larceny, second-degree forgery first-degree falsifying business records, first-degree offering a false instrument for filing and first-degree commercial bribe receiving.

The District Attorney said that, according to the indictment, between January 1, 2013 and May 6, 2019, the defendants conspired to steal and sell the right to purchase apartments at Luna Park Housing Corporation. Luna Park is a Mitchell-Lama property in Coney Island built and operated with public funds to provide affordable cooperative housing for working families. It is a five-building complex consisting of studio, one, two, and three-bedroom apartments housing approximately 6,000 people.

Applicants for Luna Park fell into three categories: internal applicants seeking to move from one apartment into another apartment; external applicants who had no prior ownership or occupancy at Luna Park; and succession applicants who lived with owners and sought successor ownership rights. Internal and external application waiting lists were supposed to be maintained in the order in which they were received.

Treybich and Zeltser were members of the Board of Directors of Luna Park, serving, respectively, as president and treasurer. Andriyan was the office manager of the Luna Park management office, and was tasked with maintaining all waiting lists approved by the New York City Housing Preservation and Development Corporation for all applications for apartments and processing the applications. Anyone seeking to purchase an apartment had to submit various supporting documents including income verification, and in the case of successor applicants, birth and marriage certificates and other documents proving that the applicant lived in the apartment for at least two years and had a familial relationship with the occupant who relinquished the apartment.

The District Attorney said that, according to the indictment, Luna Park’s apartments were sold at prices significantly below market value and therefore were in high demand. The defendants allegedly abused their positions at Luna Park by accepting bribes in amounts ranging from $10,000 to $120,000 from applicants for apartments in Luna Park. In exchange for the bribes, the defendants allegedly prepared and submitted to HPD for approval false, forged and fraudulent documents, giving those who paid the bribes priority over otherwise eligible applicants. The defendants allegedly collected a total of $874,000 in cash bribes, involving the transfer of 18 apartments, over the course of the scheme, for which they were indicted. The fair market value of the 18 apartments was approximately $5 million in total.

It is alleged that the defendants identified applicants willing to pay cash bribes through word of mouth or by relying on people to recruit applicants willing to pay cash bribes.

It is alleged that, because HPD relied on the applicant screening and application review conducted by the Luna Park management office and routinely approved all applications submitted by the management office, the defendants deceived HPD into approving the applications of bribe-paying applicants by creating false, forged and fraudulent applications and supporting documents and submitting them to HPD for final approval.

Examples of the scheme are as follow:

• On January 1, 2013, it is alleged, Zeltser solicited a cash bribe of $93,000 to help a person identified as Witness 4 purchase a three-bedroom apartment. The witness allegedly paid the defendant $10,000 every two weeks until it was paid in full by April 2014. In exchange, the defendant provided Witness 4 a pre-filled out Luna Park income affidavit and told her that in order to purchase the apartment as a successor tenant she would have to say that the tenant of record was her sister. HPD approved the application after it was provided with forged and fraudulent documents from the defendants. For example, the person giving up the apartment had a birth certificate with her mother’s name listed as Ida and her identity as Jewish. To reflect that they were sisters and had the same mother, the defendants allegedly altered the purchaser’s birth certificate to reflect that her mother’s name was Ida and her identity was Jewish, even though on the real birth certificate, the purchaser’s mother’s name is Ekaterina and she is listed as Ukrainian.

• Between March 1 and March 16, 2015, Treybich allegedly solicited a $26,000 cash payment from a person identified as Witness 13 in exchange for helping Witness 13 purchase a three-bedroom apartment in Luna Park. Witness 13 provided Treybich with a birth certificate, a marriage certificate and a passport. Treybich allegedly altered the documents, as well as income affidavits, to reflect that the purchaser and tenant of record were brother and sister and had both lived in the apartment for at least two years.

Finally, during the execution of search warrants at the homes or storage units of the defendants, investigators recovered dozens of fur coats, designer handbags and jewelry. It is alleged that the defendants also used the cash bribes to purchase real estate, including apartments in Florida.

The District Attorney thanked HUD for its assistance in the investigation.

The case was investigated by DOI, specifically Assistant Inspector General Maria Horvat, under the supervision of Deputy Inspector General Michael Antolini, Senior Inspector General Jessica Heegan, Associate Commissioner Jay Flaherty, Deputy Commissioner / Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel Cort, with assistance from DOI’s NYPD Squad of Detectives.

The District Attorney thanked KCDA Detective Investigators assigned to the Investigations Bureau for their assistance in this case, as well as KCDA Financial Investigator Ludwig Sanchez, of the Asset Forfeiture and Crimes Against Revenue Bureau; and Investigative Analyst Megan Carroll and Paralegal Zachary Gitman of the Investigations Division

The case is being prosecuted by Senior Assistant District Attorney Vivian Young Joo, of the District Attorney’s Frauds Bureau and Senior Assistant District Attorney Theresa Robitaille, of the District Attorney’s Organized Crime and Racketeering Bureau, under the supervision of Assistant District Attorney Christopher Blank, Bureau Chief, 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

Note: Materials presented during the press conference are available here.

 

FOR IMMEDIATE RELEASE
Monday, May 20, 2019

 

Two Men Convicted of Murder for Bedford-Stuyvesant Courtyard Shooting
That Killed Two Innocent Women Who Were Struck by Stray Bullets

Defendants Fired Total of 10 Shots into Crowd of Approximately 20 People

Brooklyn District Attorney Eric Gonzalez today announced that two men have been convicted of murder for a July 2017 shooting that left two young, completely innocent women dead. The defendants opened fire into a crowded Bedford-Stuyvesant courtyard, striking each of the victims once.

District Attorney Gonzalez said, “Two innocent women, each of them a young mother, died when these defendants callously opened fire on a crowd that was peacefully gathered in a courtyard on a summer evening. The victims’ daughters will now grow up without the love and support of their mothers. We cannot allow gun violence like this to continue to wreak havoc on our communities.”

The District Attorney identified the defendants as Nazir Saunders, 22, of Harlem and Anthony Alexander, 19, of Bedford-Stuyvesant. They were each convicted today of two counts of second-degree murder and second-degree criminal possession of a weapon following a jury trial before Brooklyn Supreme Court Justice Evelyn Laporte. The defendants each face up to 50 years to life in prison when they are sentenced on June 10, 2019.

The District Attorney said that, according to the investigation, on July 12, 2017 at about 9:30 p.m. the defendants entered the courtyard of 750 Gates Avenue in Bedford-Stuyvesant, which is part of the Stuyvesant Gardens Houses. A group of about 20 people were hanging out at the location at the time.

The defendants started shooting, firing a total of 10 bullets, four from a .45-caliber gun and six from a .380-caliber firearm. They missed their intended targets and fatally struck two women who were in the courtyard. Chynna Battle, 21, mother of a 3-year-old daughter, was shot in the head, and Shaqwanda Staley, 29, mother of a 9-year-old daughter, was shot once in the back.

Both defendants fled the scene and were later arrested in South Carolina on October 31, 2017.

The case was prosecuted by Senior Assistant District Attorney Leila Rosini, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Michael Diamond, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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