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FOR IMMEDIATE RELEASE

Thursday, March 30, 2023

Staten Island Man Sentenced to Prison for LGBTQ Hate Crime

Defendant Struck Two Victims with Metal Object and Shouted Anti-Gay Slurs

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island man has been sentenced to up to four years in prison for assaulting two people outside of a deli in Flatbush, one of whom was an acquaintance.

District Attorney Gonzalez said, “Attacks victimizing the LGBTQ+ community have surged nationwide, and we have no tolerance for this abhorrent violence in Brooklyn. Today’s sentence holds the defendant accountable for this senseless and unprovoked attack and sends a strong message that those who commit hate crimes will face serious consequences.”

The District Attorney identified the defendant as Aaron Richard, 33, of Staten Island, New York. He was sentenced yesterday to two to four years in prison by Brooklyn Supreme Court Justice John Hecht. The defendant pleaded guilty to third-degree assault as a hate crime on March 15, 2023.

The District Attorney said that, on July 8, 2022, at approximately 5:45 p.m., in the vicinity of 533 Ocean Avenue in Brooklyn, the defendant approached a 22-year-old man with whom he was acquainted as he stood in front of a deli with another person and shouted: “Yo, you f—–s got to go. Let’s get these f—–s out of here. You need to move off this corner.”

The defendant then struck the man in the face with a metal object, causing a laceration. When the second person tried to intervene, that person was struck in the hand with the metal object and suffered a cut.

The defendant was located and arrested on August 30, 2022.

The case was prosecuted by Assistant District Attorney Katherine Gardzalla, of the District Attorney’s Hate Crimes Bureau, and Assistant District Attorney Kelli M. Muse, Chief of the Hate Crimes Bureau.

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FOR IMMEDIATE RELEASE

Friday, March 24, 2023

Doctor and Office Manager at Brighton Beach Medical Clinic

Indicted for $700,000 Healthcare Fraud

Defendants Allegedly Billed Medicaid for Non-Existent Services While Selling $500,000 Worth of Prescriptions for Opioids, Narcotics and Other Controlled Substances

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Social Services Acting Commissioner Molly Wasow Park, today announced that a doctor and office manager at a Brighton Beach medical clinic have been arraigned on an indictment in which they are charged with grand larceny and healthcare fraud for allegedly defrauding Medicaid out of hundreds of thousands of dollars. In total, the defendants are alleged to have stolen more than $700,000 over a four-year period by fraudulently billing Medicaid for non-existent services and by selling prescriptions for narcotics, opioids, and other controlled substances to patients they were not treating.

District Attorney Gonzalez said, “As the opioid epidemic continues to claim the lives of thousands of New Yorkers each year, it is unconscionable that these medical professionals allegedly endangered their patients’ health, trafficked in controlled substances, and stole hundreds of thousands from Medicaid. Anyone who contributes to the growth of prescription drug abuse, imperils the health and safety of Brooklyn residents, or rips off the taxpayers will be held accountable.”

Department of Social Services Acting Commissioner Park said, “The alleged conduct of these individuals is absolutely unacceptable and a clear violation of their duties as trusted medical professionals. We thank the Brooklyn District Attorney’s Office and our own DSS Investigators for thoroughly investigating this case and demonstrating that those who exploit our vulnerable neighbors and endanger our communities will face repercussions.”

The District Attorney identified the defendants as Dr. Alexander Ivanov, 66, of Perth Amboy, New Jersey, and Svetlana Kozlovskaya, 64, of Brighton Beach, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are charged with second- and third-degree grand larceny and healthcare fraud. The defendants were released without bail and ordered to return to court on May 31, 2023.

The District Attorney said that, according to the investigation, from approximately 2017 to 2020, the defendants ran a psychiatry practice and pain management clinic at 115 Brightwater Court in Brighton Beach where they allegedly billed Medicaid and other healthcare administrators for more than $200,000 worth of psychotherapy sessions that were never administered. Additionally, it is alleged that Dr. Ivanov wrote over $500,000 worth of prescriptions for controlled substances to patients in exchange for cash. The controlled substances included suboxone, alprazolam, amphetamine, clonazepam, diazepam, methadone, morphine, oxycodone, and tramadol. According to the investigation, many of the doctor’s patients were, in fact, substance abusers who were not receiving any kind of treatment or examination at the clinic. Furthermore, it is alleged there was no bloodwork or urinalysis performed to monitor the patients’ drug intake levels. The prescriptions were subsequently filled and paid for by Medicaid and other healthcare administrators.

The case was investigated by Detective Investigators from the District Attorney’s office, the New York City Department of Social Services, and United States Department of Health and Human Services.

The case is being prosecuted by Senior Assistant District Attorney Pamela J. Murray, of the District Attorney’s Frauds Bureau, under the 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

Thursday, March 16, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Pleaded Guilty to Manslaughter After Real Killer Confessed

Was Initially Convicted of 1990 Murder but Agreed to Plead Guilty to Get Out of Prison

After Serving 19 Years; Consistently Maintained his Friend was the Gunman

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Emel McDowell, 50, who was convicted of a 1990 murder in Bedford-Stuyvesant. After maintaining his innocence while serving 19 years for murder, the defendant pleaded guilty to manslaughter in 2009 under an agreement that allowed him to be released from prison. He has consistently claimed that his friend was the killer, and he wasn’t involved, which the CRU confirmed when that individual confessed, explaining that he acted in self-defense. The full CRU report is available here.

District Attorney Gonzalez said, “Our legal system failed Emel McDowell when he was wrongfully convicted of murder in 1990 and his release years later was conditioned on an admission to a crime he did not commit. A full reinvestigation by our Conviction Review Unit confirmed that another individual fatally shot the victim, as Mr. McDowell has consistently maintained, and today we will ask to give him his good name back. As prosecutors, it is our obligation to do justice in every case, and I am committed to continuing this important work to enhance fairness and community trust.”

Mr. McDowell will appear in court today at 11 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that based on the testimony of two witnesses, McDowell, who was 17 at the time of the murder, was convicted of killing 19-year-old Jonathan Powell following a fight inside a party in the early hours of October 27, 1990. The police investigation lasted less than 24 hours despite conflicting accounts from several witnesses. In his statement to investigating officers, McDowell claimed that it was his friend who shot and killed the victim.

Despite indications from other witnesses that the friend may have been culpable, only McDowell stood trial. A jury convicted him of murder and weapons possession, and he was sentenced to 22 years to life in prison. McDowell subsequently drafted and filed numerous motions proclaiming his innocence and asking that his conviction be thrown out or that his sentence be reduced. In a 2007 motion to set aside the verdict, the defendant submitted a letter, sent to him from his former friend in 1991, in which the former friend alluded to the fact that he was responsible, writing in part: “I don’t think I deserve to walk the face of the earth because one of my friends is locked up, for something that he didn’t do.”

The 2007 motion also included affidavits from six witnesses, all of whom said McDowell was not the shooter, and three of whom indicated that it was the friend who shot the victim. A judge ordered a hearing and, before it commenced, prosecutors offered the defendant a plea to manslaughter and a sentence of six to 18 years, which effectively meant that he could be released from prison. When accepting the plea, after lengthy consideration, the defendant admitted in court that he possessed a handgun and was acting in concert with his friend when the friend fatally shot the victim.

McDowell’s lawyer asked CRU to reinvestigate the case, claiming that his client was pressured to plead guilty because he didn’t want to spend one more day in prison for a crime he didn’t commit. The Unit reinterviewed many of the witnesses as well as others involved in the prosecution and became all but convinced of the veracity of the former friend’s 1991 letter. CRU also confirmed that the letter was given to the defense attorney before trial, but he did not investigate it and did not alert the prosecution to its existence.

The CRU interviewed the former friend in the presence of his attorney. He said that there was an altercation inside the party between McDowell’s and his group of friends, and another group of young men, including the deceased. He went on to say that, as the group exited the location, the deceased (who earlier threatened to kill the friend and members of his group) ran at them and he then shot him in self-defense. He added that the McDowell was not armed. The friend also confirmed that he was never contacted by McDowell’s defense lawyer. The CRU found that his “demeanor and emotional state throughout the interview demonstrated that he was overwhelmed with guilt and relieved to confess.”

The CRU further found that the short police investigation was inadequate as it did not explore the distinct possibility, advanced by some of the witnesses, that the friend was the shooter. That was likely due to tunnel vision and confirmation bias that led “the police to focus on one suspect and discount evidence to the contrary,” according to the report. It also found that the defense counsel failed to follow up on evidence implicating the friend, which CRU reviewed and found persuasive.

In light of these findings, the CRU concluded that the plea agreement to manslaughter – offered by prosecutors in good faith and accepted by the defendant reluctantly – was not warranted. Accordingly, it recommended that the conviction be vacated, and the underlying indictment dismissed.

The CRU referred the case to the Homicide Bureau to determine the viability of any additional prosecution.

To date, the work of the Conviction Review Unit has resulted in the vacatur of 35 convictions since 2014. Currently, CRU has approximately 50 open investigations.

This case was investigated by Assistant District Attorney Rachel Kalman of the District Attorney’s Conviction Review Unit, with assistance from Assistant District Attorney Lori Glachman, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Driver Charged in Deadly Williamsburg Hit and Run

Allegedly Left Scene After Striking and Injuring Pedestrian

In Crosswalk Near the Brooklyn Navy Yard

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been indicted for second-degree manslaughter, second-degree reckless endangerment, and other related charges in connection with a fatal hit and run in Williamsburg in which he allegedly struck a 59-year-old pedestrian in the crosswalk. The victim, a grandmother, suffered severe head injuries and later died.

District Attorney Gonzalez said, “Instead of stopping to call an ambulance or offer aid, this defendant heartlessly left the scene after he allegedly struck and fatally injured a beloved grandmother and cherished member of the community. After a thorough investigation, we will now seek to hold the defendant accountable for his dangerous and criminal conduct. I am committed to keeping Brooklyn’s streets safe for all people.”

The District Attorney identified the defendant as Daniel K. Buckley, 67, of Queens. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, three counts of leaving the scene of an incident without reporting, second-degree reckless endangerment, reckless driving, two counts of failure to yield, improper driving on roadways laned for traffic, violating a pedestrian’s right of way in a crosswalk, and making an illegal left turn. The judge ordered the defendant to be released without bail and to return to court on May 19, 2023. He faces up to five to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on November 28, 2022, at about 5:45 p.m., the defendant was driving his 2005 GMC Envoy out of the Brooklyn Navy Yard where he was employed as a swing truck operator for the television series “The Blacklist.” Based on video surveillance obtained during the investigation, the defendant took the exit onto Kent Avenue, driving across the two-way street and into oncoming traffic. In order to avoid colliding with two vehicles travelling on Kent Avenue, the defendant allegedly made an illegal turn onto Taylor Street where he struck a pedestrian, Leah Kohn, 59, in the crosswalk.

Furthermore, according to the investigation, video surveillance shows the defendant driving off without stopping as the victim, who had the right of way, lay bleeding on the pavement.

The victim was taken to Bellevue Hospital Center where she died on December 17, 2022, due to complications from blunt force trauma to the head.

This case was investigated by New York City Police Department Detective Curt Cunningham, of the Collision Investigation Squad and Detective Investigators for the District Attorney’s office.

This case is being prosecuted by Senior Assistant District Attorney Joseph T. Tillman, and Assistant District Attorney Molly Sheehan, both of the Grey Zone Trial Bureau, under the supervision of Courtney Hogg, Deputy Bureau Chief, Grey Zone, Robert Walsh, Bureau Chief Grey Zone, and Jennifer Nocella, Deputy Bureau Chief, Street Safety Bureau.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Spent Over 18 Years in Prison Despite Botched Identification

Detectives Used Photo Array ID of Different Person as Probable Cause to Make Arrest, Later Misled Court About That; Prosecutorial and Judicial Errors Compounded Police Misconduct

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Sheldon Thomas, 35, who was convicted of a 2004 murder in East Flatbush. The DA will also ask to dismiss the indictment and free Mr. Thomas, who’s been incarcerated for over 18 years. The defendant was arrested based on a witness identification of a different person with the same name – a mistake that was first concealed and then explained away during the proceedings. In fact, the reinvestigation concluded that detectives were intent on arresting the defendant and used the faulty identification procedure as pretext. The complete CRU report on the case is available here.

District Attorney Gonzalez said, “We must strive to ensure fairness and integrity in every case and have the courage to correct mistakes of the past. That is what we are doing in this case, where an extensive reinvestigation by my Conviction Review Unit revealed that it was compromised from the very start by grave errors and lack of probable cause to arrest Mr. Thomas. He was further deprived of his due process rights when the prosecution proceeded even after the erroneous identification came to light, making his conviction fundamentally unfair. I am determined to continue doing this critical work whenever we discover a questionable conviction in Brooklyn.”

The defendant will appear in court today at 2:15 p.m. before Brooklyn Supreme Court Justice Matthew D’Emic in 320 Jay Street, 15^th Floor.

The District Attorney said that three alleged gang members, including Thomas, were charged with killing 14-year-old Anderson Bercy and wounding another individual on December 24, 2004, in East Flatbush, Brooklyn. The evidence indicated that two guns were used and that the shooters were inside a white car. A witness initially identified two men she knew, who did not include defendant Thomas, as being in the car.

The case detective then asked to unseal the defendant’s prior arrest so he could use his picture in a photo array (that prior case involved the defendant pointing an inoperable gun at officers and resisting arrest). Before that request was completed, detectives obtained a photo of another Sheldon Thomas from a police database. They showed an array with that photo to the witness, who identified the wrong Thomas as being in the car with 90 percent certainty. Based on her identification, the detectives went to the defendant’s address – not to the address of the Sheldon Thomas whose photo the witness had identified – and arrested him. The defendant denied any involvement in the homicide, but the same witness who identified the other Thomas in the array also identified defendant Thomas in a lineup – effectively identifying two different people as the perpetrator. Thomas was then indicted along with the two others.

It wasn’t until a pretrial hearing in June 2006 that the array identification of the wrong Thomas came to light. After initially identifying the defendant as the Thomas in the photo array and testifying that he had never seen him before the arrest, Detective Robert Reedy, on cross examination, admitted that he falsely testified, and the defendant was actually not in the array. Another detective testified for the first time that the defendant got on their radar based on an anonymous tip and also conceded that, when questioned a few days after the murder, the defendant had told them that it wasn’t him in the photo array. (There is no indication the detectives memorialized this information and the partner’s claim that he had reported the array error to a prosecutor before the grand jury presentation was refuted in affirmations from prosecutors.)

Despite these revelations, the judge found that there was probable cause to arrest Thomas based on “verified information from unknown callers” and the fact that he resembled the other Thomas from the photo array. (Then-retired Det. Reedy was later disciplined following an investigation by the Internal Affairs Bureau.)

Before the trial started, the DA’s Office dismissed the charges against one of the three suspects, who the same witness failed to identify in a double-blind lineup and because prosecutors thought he had a credible alibi. Thomas stood trial with a codefendant, who allegedly threatened the victims two days before the shooting. The jury acquitted that codefendant. Thomas was convicted of second-degree murder, attempted murder and related counts, and was sentenced to 25 years to life in prison.

The CRU conducted a full reinvestigation and reinterviewed many of the witnesses involved in the case. It concluded that the defendant was denied due process at every stage, making his conviction fundamentally unfair. The reinvestigation found that detectives, particularly Reedy, repeatedly harassed the defendant after his gun arrest. That substantiated conduct contradicts the detective’s testimony that he had never seen the defendant before and can explain why he arrested him for the murder despite the lack of evidence.

The CRU concluded that the witness’ identifications of Thomas were prompted by the detectives. It also concluded that – despite assertions by police, prosecutors, the trial judge and an appellate panel – the Thomas in the photo array and the defendant do not look alike. Notably, in a study commissioned by the defense, 32 law students of color were shown a photo of the defendant (who is black) and then the photo array. Of them, 27 concluded the defendant was not in the photo array. Of the other five, only one thought the Thomas in the array was the defendant.

The CRU found no evidence that anonymous tips played a part in the police’s interest in the defendant as a suspect and concluded that, under the circumstance involving the erroneous photo array, there was no probable cause to make the arrest. It found the prosecutor’s tactic after the mistaken identification came to light – which was to discount the array because the witness wasn’t 100 percent sure – to be improper, since prosecutors had previously notified the defense that defendant had been identified in a photo array. The prosecutor also improperly elicited testimony that the witness saw the suspect whose case was later dismissed shooting from the car – without the jury knowing that the driver’s case was dismissed. Finally, the CRU identified serious errors by the defense counsel that were detrimental to his client and determined that judicial decisions were based on misrepresentations.

For all these reasons and others, the CRU recommended to vacate the conviction as “the errors undermined the integrity of the entire judicial process and defendant’s resulting conviction.” Because the evidence was and is defective, the case cannot be retried, and the CRU recommended to dismiss the underlying indictment.

To date, the work of the Conviction Review Unit has resulted in 34 convictions being vacated since 2014. Currently, CRU has approximately 50 open investigations.

This case was investigated by Assistant District Attorney John Sharples of the District Attorney’s Conviction Review Unit, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Monday, February 27, 2023

 

Veteran Court Employee Indicted for Stealing over $69,000 

 Defendant Worked as Supervising Cashier in the Kings County Clerk’s Office

Brooklyn District Attorney Eric Gonzalez, together with New York State Unified Court System Inspector General Sherrill Spatz, today announced that a Staten Island woman has been arraigned on an indictment in which she is charged with grand larceny, tampering with public records, falsifying business records, offering a false instrument for filing, and official misconduct for allegedly stealing more than $69,000 by voiding cash transactions involving court filings and pocketing the money.

District Attorney Gonzalez said, “This defendant’s alleged theft is a betrayal of the trust of her employer and the public. We will now seek to recover the funds allegedly stolen from the court and hold this defendant accountable.”

Inspector General Spatz said, “We appreciate the hard work of the Office of Court Administration auditors and the support and efforts of the Brooklyn District Attorney’s Office to further investigate and prosecute this case.”

The District Attorney identified the defendant as Lori Argiro-DiPietro, 55, of Staten Island, New York. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 47-count indictment in which she is charged with second-degree grand larceny, first-degree tampering with public records, first-degree falsifying business records, first-degree offering a false instrument for filing, and official misconduct. She was released without bail and ordered to return to court on April 26, 2023.

It is alleged that between January 1, 2020 and August 9, 2022, the defendant allegedly voided at least 436 cash transactions totaling $69,515.50 according to the investigation.

It is further alleged that the defendant stole the $69,515.50 by voiding cash transactions involving persons who paid to file or obtain documents from the Court, such as divorce or business certificate filings. Although the defendant filed the documents or provided copies to the persons seeking them, she allegedly voided the transactions in the records of the New York State Unified Court System and kept the funds.

Argiro-DiPietro worked for the Unified Court System for 37 years before she was terminated on August 10, 2022. The investigation began following a routine audit by the NYS Unified Court System’s Internal Audit Services office of the financial records and internal controls of the Kings County Clerk’s Office, specifically relating to cash receipts and disbursements of KCCO’s Cashier’s Office.

The case was referred to the District Attorney’s office by the Unified Court System’s Inspector General’s Office.

The case is being prosecuted by Senior Assistant District Attorney Tammy Chung of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Adam Libove, Deputy Bureau Chief, and Assistant District Attorney Laura Neubauer, Bureau Chief, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division and Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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

 

FOR IMMEDIATE RELEASE

Wednesday, February 22, 2023

 

Coney Island Teenagers Indicted for Beating and Stabbing Death of

17-Year-Old Boy in After School Gang Assault

 Thirteen-Year-Old Charged with Murder for Allegedly Stabbing Victim to Death; Co-Defendants Charged with Manslaughter for Allegedly Kicking and Punching Victim

            Brooklyn District Attorney Eric Gonzalez today announced that three teenagers have been arraigned on an indictment in which they are variously charged with murder, manslaughter and gang assault for allegedly fatally attacking a 17-year-old boy in Coney Island in an after-school assault stemming from a dispute over a girl.

            District Attorney Gonzalez said, “Nyheem Wright had his whole life ahead of him when he was brutally and senselessly murdered, and my heart goes out to his family, friends and all those impacted by this horrific crime. That this terrible attack was allegedly committed by young teenagers is shocking and heartbreaking, but we will not tolerate this kind of violence in Brooklyn, and my office will vigorously seek justice on Nyheem’s behalf.”

            The District Attorney said the defendants are 13- ,14- and 16-year-old boys, all of Coney Island, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Craig Walker on an indictment in which they are variously charged with second-degree murder, first-degree manslaughter and first- and second-degree gang assault. The 13- year-old defendant is being held without bail, the 14-year-old’s bail is set at $50,000 cash or $75,000 bond and the 16-year-old’s bail is set at $75,000 cash or $100,000 bond. The defendants were ordered to return to court on April 12, 2023. The 13-year-old faces a maximum sentence of nine years to life in prison if convicted of the top count with which he is charged. The two other defendants face up to 10 years in prison if convicted of the top count with which they are charged.

            The District Attorney said that, according to the investigation, on January 20, 2023, at approximately 3:15 p.m., the victim, Nyheem Wright, 17, was in front of a strip mall located at 3001 Mermaid Avenue with his twin brother when he was allegedly surrounded by the defendants and a fight ensued. The two older defendants allegedly kicked and punched Nyheem about the head and body and the youngest defendant then allegedly charged at the victim and stabbed him in the torso.

            The defendants fled the scene and turned themselves into police two days later.

            Nyheem Wright died of a stab wound to the torso, according to the Office of the New York City Chief Medical Examiner.

            The case is being prosecuted by Senior Assistant District Attorney Jhounelle Cunningham, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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

 

FOR IMMEDIATE RELEASE

Wednesday, February 1, 2023

Man Indicted for Sex Trafficking of Teenage Girl

Defendant Allegedly Paid for Teen to Travel to New York

From Kansas City to Engage in Prostitution

Brooklyn District Attorney Eric Gonzalez today announced that a man has been arraigned on an indictment in which he is charged with sex trafficking of a child and other charges for allegedly luring a 16-year-old girl from Kansas City, Missouri to come to New York and engage in prostitution.

District Attorney Gonzalez said, “This defendant allegedly exploited a vulnerable teenager to engage in prostitution over several days before she called her mother seeking help. We are grateful for the police who brought her to safety, and deeply committed to seeking justice for this victim and all those impacted by this abhorrent crime.”

The District Attorney identified the defendant as Diamond Stewart, 28, of Los Angeles, California.  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, attempted sex trafficking of a child, second-, third- and fourth-degree promoting prostitution, third-degree rape, third-degree criminal sexual act, sexual misconduct and endangering the welfare of a child. The defendant was ordered held on bail of $250,000 cash or $1 million bond and to return to court on March 22, 2023. He faces up to 25 years in prison and would be required to register as a sex offender if convicted of the top count.

The District Attorney said that, according to the investigation, the defendant messaged the 16-year-old victim, who was living in Kansas City, on Instagram, and they messaged back and forth for a period of time. The defendant then allegedly offered to pay for the defendant to fly to New York and told her she would be engaging in prostitution in exchange for money.

The victim arrived in New York City on December 22, 2022, and the defendant allegedly called an Uber for her that took her to the Thatford Hotel in Brownsville, according to the investigation. The victim then checked into a room that the defendant had allegedly paid for in advance of her arrival. The defendant then allegedly went to the hotel and met with the victim, telling her she would be walking the “track” in East New York and telling her what prices to charge for various sexual acts.

The defendant allegedly drove around the track and took the money the victim earned while engaging in prostitution on the track, in freezing temperatures, including 9-degree temperatures over the holiday weekend. The victim called her mother on December 25, 2022 and told her mother what was happening and asked for help. Her mother was able to get in contact with the 75^th Precinct and police officers from the precinct found the victim at the track and she was taken to the police station and then to the hospital.

It is alleged that in addition to the teen victim, the defendant was also promoting prostitution of a 21-year-old woman from California.

The case was investigated by New York City Police Department Detective Antonio Pagan of the joint NYPD/FBI Child Exploitation and Human Trafficking Task Force, under the supervision of Lieutenant Joseph Picarello and Captain Thomas Milano.

The District Attorney thanked Special Agents assigned to the Los Angeles field office on the FBI Child Exploitation & Human Trafficking Task Force for their assistance in the investigation.

Senior Intelligence Analyst Kayleigh Homer of the District Attorney’s Digital Evidence Lab Intelligence Unit assisted in the investigation.

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

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

 

FOR IMMEDIATE RELEASE

Friday, December 30, 2022

Homicides and Shootings Continued to Drop in Brooklyn in 2022,

Driving Citywide Decline in Gun Violence During Past Two Years

Shootings in Brooklyn Decreased by 31% and Homicides Went Down by 21%,

Since the 2020 Peak, Accounting for About 88% of the Decline in Murders and 83% of the Declines in

Shootings and Shooting Victims Across New York City Over that Time Period

Brooklyn District Attorney Eric Gonzalez today announced that Brooklyn continued to make gains in public safety during 2022, with homicides declining by 8% and shootings decreasing by 13% compared to 2021. These encouraging trends amount to a reversal of the spike in gun violence during the height of the Covid-19 pandemic in 2020 – shootings in Brooklyn dropped by 31% over the past two years, representing over 83% of the citywide decline during that period. Similarly, the number of shooting victims declined by 33%, accounting for over 83% of the citywide decrease, and murders went down by 21%, making up a whopping 88% of the citywide decline in the past two years. However, index crimes in Brooklyn rose by about 21% in 2022. The Brooklyn DA’s Office continued to focus on reducing gun violence by targeting violent street gangs, partnering with community-based organizations to prevent at-risk youth from becoming either perpetrators or victims of gun violence, and enhancing efforts to better prosecute gun crimes and to take firearms off the streets.

District Attorney Gonzalez said, “I am happy to report that public safety in Brooklyn continued to improve over the past year, as we rebound from the spike in violence that we experienced during 2020. The significant declines in murders and shootings in our borough are driving the citywide gains against gun violence and are a testament to the hard work and focused approach by my Office, the NYPD and all of our partners. We still have work to do as we pledge to drive down gun crimes even further and contend with upticks in other crime categories, but I am confident that we are on the right track. I remain committed to targeting the most violent individuals and to growing our partnerships with community-based groups, violence interrupters and others who are engaged in preventative strategies.”

The District Attorney said that 138 homicides (nine of which were reclassified from incidents that happened in previous years) were recorded in Brooklyn during 2022 – 12 fewer or down 8% compared to the previous year. Shooting incidents dipped by 67 (13%) for a total of 448, and shooting victims decreased by 76 (12%) for a total of 543. These numbers are comparable to statistics from the mid-2010s.

Taking a two-year view to analyze the long-term recovery from the spike in gun violence during 2020 – which was likely caused by a global pandemic, social and economic upheavals, and other factors – shows that Brooklyn is the driving force behind public safety improvements in New York City. Murders went down by over 21% with the 37 fewer homicides making up about 88% of the citywide decline (from 468 in 2020 to 426 to 2022 citywide). Shootings in Brooklyn dropped by 31% during that timeframe and the 204 fewer shootings represent 83% of the citywide decline. Similarly, the number of shooting victims declined by 265, or 33%, accounting for 83% of the citywide decline.

The most notable drops in homicide in Brooklyn over the past year took place in Coney Island, East Flatbush, Midwood, Bushwick and Fort Greene, with all of those neighborhoods experiencing a 50% decrease or more. Some of the more historically violent precincts saw homicides numbers remain the same as in 2021 but shootings declined in most of them: by 42% in Bedford-Stuyvesant, 18% in Brownsville and 14% in Crown Heights, while East New York had a 12% increase.

The seven major index crimes (murder, rape, robbery, felony assault, burglary, grand larceny and grand theft auto) increased in Brooklyn by 20.5% last year compared to 2021. But in that aspect too, Brooklyn has seen better trends that New York City as a whole: while the most populous borough, it wasn’t the leading contributor in any of those crime categories when compared to the four other boroughs, and the percentage increase was the second smallest among the five boroughs. It also had the smallest percentage increase than any other borough when compared to 2020.

[All stats are based on the New York City Police Department’s preliminary CompStat reports as of December 30, 2022.]

The District Attorney said that his Office, together with the NYPD, continued to target the most violent individuals in our communities who are responsible for the majority of gun violence. In November, 32 alleged members of two rival Brownsville gangs were indicted in connection with 19 shootings, two of them fatal, which wounded several innocent bystanders, including a 3-year-old girl. Another component of DA Gonzalez’s multi-pronged strategy to reduce violence involves community participation, such as Gun Buyback events. A total of 315 firearms were surrendered during three events in 2022: a record 206 weapons this month in Bed-Stuy, 69 in Clinton Hill, as reported by the New Yorker, and 40 in Flatbush. The DA’s Office also hosted a number of preventative educational programs, including youth summits and workshops, and issued a Stop Violence report that summarized its comprehensive approach to driving down shootings, which includes a $2 million investment in a new Digital Evidence Lab, a new Ghost Gun Unit and an executive position focusing on gun violence reduction.

In other groundbreaking moves, DA Gonzalez announced a restructuring of his Office in October with the creation of a new Gender-Based Violence Division that placed the Domestic Violence and Sex Crimes Bureaus, the Human Trafficking, Crimes Against Children and Victim Services Units, Family Justice Center operations and the U-Visa practice under a single umbrella. In September, the DA moved to dismiss 378 convictions that relied on 13 police officers who were later convicted of misconduct – one of the largest mass exonerations in U.S. history.

Over the past year, the Brooklyn DA’s Office also extended and expanded its engagement efforts across Brooklyn communities – an important part of the District Attorney’s goal of strengthening community trust in the legal system. Some highlights of these wide-ranging efforts included a deed fraud prevention forum, a resource fair for newly-arrived asylum seekers, an immigration clinic for people from the Ukraine, a successful back-to-school Summerfest in Coney Island, and much more.

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FOR IMMEDIATE RELEASE

Thursday, December 22, 2022

Former Williamsburg Man Indicted for Operating a Ponzi Scheme,

Stealing Over $1.3 Million from More Than 20 Victims

Defendant Allegedly Spent Stolen Funds on Rent, Restaurants and Travel;

Victims Include Church in Queens and Numerous Churchgoers

Brooklyn District Attorney Eric Gonzalez today announced that a former Williamsburg man has been arraigned on a 56-count indictment in which he is charged with stealing over $1.3 million from over 20 people in a Ponzi scheme in which he allegedly posed as a securities broker and wooed investors with promises of high rates of return. It is alleged the defendant did not invest the victims’ funds in the stock market as promised, but instead spent the money on rent, restaurants, travel, and leasing luxury cars.

District Attorney Gonzalez said, “This defendant allegedly defrauded over 20 hardworking people out of their savings in what amounted to an elaborate Ponzi scheme. Our investigation revealed that he targeted many churchgoers whose trust he allegedly betrayed.  Financial fraud will be investigated and prosecuted vigorously by my Office with the goal of making victims whole and holding alleged swindlers accountable.”

The District Attorney identified the defendant as Mark Ramkishun, 28, of Orlando, Florida. He was arraigned today before Brooklyn Supreme Court Justice Phyllis Chu on a 56-count indictment in which he is charged with second-, third-, and fourth-degree grand larceny, first-degree scheme to defraud, issuing false financial statements, and violations of the Martin Act. He was ordered released without bail and to return to court on February 15, 2023.

The District Attorney said that, between March 2019 and September 2022, the defendant allegedly operated a fraudulent investment scheme in which he told his victims he was a securities broker and solicited them to invest $20,000 or more in his company, Leo Growl LLC. The defendant claimed to be able to achieve monthly returns of $2,000 to $3,000 for every $20,000 invested and had his victims sign bogus contracts with him. After obtaining the money, the defendant allegedly provided his victims with false brokerage statements from E*TRADE Securities that purported to show monthly trading profits, which did not, in fact, exist.

According to the investigation, the defendant did not invest the victims’ funds in the stock market as promised, nor did the defendant open brokerage accounts on behalf of the victims at a broker-dealer. Instead, the defendant allegedly embezzled the funds, paying for rent in Brooklyn, and living a lavish lifestyle that included leasing luxury cars and paying for restaurants and travel. The defendant purportedly diverted some of the money obtained from new investors to pay previous investors. Approximately $360,000 of his victims’ money was allegedly dispersed this way.

            According to the investigation, many of the defendant’s victims were members of the Healing Center Church in Ozone Park, Queens, where the defendant’s parents are former members and served as church elders before moving to Florida in 2021. The church itself invested with the defendant, making it the largest known victim of the alleged Ponzi scheme.

The case was investigated following a tip to the District Attorney’s Action Center.

The case is being prosecuted by Special Counsel for Complex Investigations Michael Choi, of the District Attorney’s Investigations Division, and Senior Assistant District Attorney Nicole Lauterbach, under the supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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