Press Releases

FOR IMMEDIATE RELEASE
Thursday, December 20, 2018

 

Brooklyn Man Indicted for Rape and Predatory Sexual Assault for
Allegedly Attacking a Woman Near Prospect Park

Defendant Allegedly Grabbed the Victim as She Walked Home;
Sexually Assaulted Her Multiple Times

Brooklyn District Attorney Eric Gonzalez today announced that a 28-year-old homeless man has been indicted for allegedly attacking a 59-year-old woman in the early morning hours of November 18, 2018 after approaching her from behind and putting her in a chokehold.

District Attorney Gonzalez said, “Keeping our streets safe from violent sexual predators is a top priority. I am committed to seeking justice for victims of sexual assault. This was a particularly violent and heinous attack and I commend the victim for her courage in coming forward.”

The District Attorney identified the defendant as Mowngly Lucas, 28; the defendant was living in a Queens homeless shelter at the time of his arrest. He was arraigned today before Brooklyn Supreme Court Justice William Miller on a 25-count indictment in which he is charged with predatory sexual assault, first-degree rape, first-degree sexual abuse, forcible touching and related charges. He was ordered held on $500,000 bail and to return to court on February 19, 2018. He faces up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on November 18, 2018, at approximately 5 a.m., the victim, a 59-year-old woman, was walking on Parkside Avenue at Parade Place when she was grabbed from behind by the defendant, who put her in a chokehold and said: “I have a knife. I just got out of jail and I don’t care, so follow what I told you.”

It is alleged that the defendant told the victim to pull down her pants and he raped her. Furthermore, it is alleged that the defendant moved the woman behind a nearby bench and ordered her to get down on her hands and knees and raped her again.

Finally, it is alleged, the defendant put his arm around the victim’s neck, causing her to have difficulty breathing and walked her over to a parked van. He then allegedly broke a window on the van and demanded that the victim get into the van. He then entered the van, sexually abused the victim and raped her a third time. He then allegedly stole money from her purse and fled.

The defendant was arrested by New York City Police Department detectives assigned to the Brooklyn Special Victims Squad on November 28, 2018, following an investigation.

The case is being prosecuted by Senior Assistant District Attorneys Linda Weinman and Lana Schlesinger, of the District Attorney’s Special Victims Bureau, under the overall 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, December 19, 2018

 

Brooklyn District Attorney Eric Gonzalez Moves to Erase Past Convictions And Outstanding Warrants for Low-Level Marijuana Possession

Erased Dozens of Old Marijuana Possession Convictions for First Time in State History; Vacated Over 1,400 Open Warrants for Offenses His Office No Longer Prosecutes

Brooklyn District Attorney Eric Gonzalez today moved to vacate 1,422 outstanding misdemeanor warrants stemming from failure to appear in court on misdemeanor marijuana possession cases, and also consented to defense motions to erase 28 past convictions for misdemeanor marijuana possession. Vacating those convictions – which is part of the District Attorney’s Justice 2020 action plan – represents the first time in New York State history that a criminal record for marijuana possession was erased under a DA’s initiative.  

Below is the record DA Gonzalez made in Brooklyn Criminal Court today before Administrative Judge Michael Yavinsky:  

“Your Honor, I would like to thank you and the Office of Court Administration for accommodating us today and for your ongoing partnership as we work on creating a more fair and equitable justice system in Brooklyn.  

As the Court knows, my Office has stopped prosecuting the vast majority of marijuana possession and smoking cases, because I do not believe that pursuing those cases makes us safer, and because I recognize that the racial disparities in enforcement with respect to these offenses remained intractable.  

In the past several months, my Office filed criminal complaints in only a small handful of marijuana possession cases, which represented the most egregious conduct, and we have also created a program to erase past convictions for these offenses, which I will address in a moment.

And today, in cooperation with The Legal Aid Society and Brooklyn Defender Services and with the assistance of the Court, I move to vacate warrants in the cases numbered one through 1,422 that were generated for a failure to return to court on a low-level marijuana offense under Penal Law Sections 221.10 or 221.05. I further move to dismiss the underlying cases corresponding to each of these warrants. 

These are cases my Office no longer prosecutes and if individuals with these warrants were to return to court or get arrested on these warrants – my Office would decline to prosecute their cases. 

Therefore, I ask that these 1422 warrants be vacated. Back in September, I moved to vacate over 3,000 summons warrants generated from marijuana possession offenses and today’s action effectively clears the entire deck of warrants in Brooklyn that stemmed from this type of conduct. 

I note that the majority of these warrants were issued to Black and Latino New Yorkers, and many are remnants of stop-and-frisk policies that harmed many of our communities and that the City has since abandoned. I believe we must do what we can to repair the harms done to the individuals and the communities that were targeted in well-meaning but misguided efforts of the past.

I strongly believe that clearing these misdemeanor warrants is what justice requires in these cases and corresponds with my mission of keeping Brooklyn safe and strengthening trust in the criminal justice system by ensuring fairness and equal justice for all. 

Thank you, Your Honor.”  

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“Your Honor, as the Court is aware, my office created the first program of its kind to facilitate defendants filing petitions to erase their past marijuana convictions, to relieve them of various harms in individual cases. 

For the reasons stated in the papers we filed today, my office consents to the coram nobis petitions of numbers 1 to 28 on the Court’s calendar. 

Thank you, Your Honor.”
 

The District Attorney said that as we move away from prosecuting misdemeanor marijuana possession offenses, we cannot forget those who are still burdened by a past conviction for conduct we no longer prosecute. These convictions can create obstacles in securing employment, housing, educational grants and so on. Many of them stem from policies that resulted in intractable racial disparities in enforcement and fostered a sense of mistrust between law enforcement and the communities we serve.  

District Attorney Gonzalez added, “These past convictions do not make us safe as they may hold back those who carry them from moving forward with their lives as contributing members of society.”  

The ongoing program to erase marijuana possession convictions in Brooklyn is being held in partnerships with The Legal Aid Society and Brooklyn Defender Services. The motions that were erased today were collected during three events over the past three months in which individuals were invited to consult with a public defender and, if eligible, to fill out a motion asking to vacate their convictions.  

With Governor Cuomo declaring marijuana legalization a legislative priority, the District Attorney said he believes that clearing past convictions must be part and parcel of any future legislation. The important step taken today sends a message that clearing people’s records is both feasible and essential in Brooklyn and throughout New York State.   

The Brooklyn District Attorney reduced the prosecution of low-level marijuana possession offenses during 2018 by expanding its declination policy in the spring to include cases involving smoking in public, resulting in a 98% decline. The New York City Police Department changed its enforcing policies in September to use criminal summonses as a response to low-level marijuana offenses. District Attorney Gonzalez has stated that he believes the response should be civil summonses.   

The initiative is being implemented by a Justice 2020 working group that includes Special Counsel Melinda Alexis-Hayes, Senior Communications Officer Oren Yaniv, Assistant District Attorneys Gregory Accarino, Omar Harding, Richard La Rosa, Jodi Mandel, Shaneka McKellar, Lisa Perlman, Evelina Rene, Jacques Roussel and Jonathan Visotzki, under the direction of Special Counsel David Satnarine, and the supervision of General Counsel Tali Farhadian Weinstein.

The number of Brooklyn prosecutions this year of misdemeanor marijuana possession is represented in the attached chart. 

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FOR IMMEDIATE RELEASE
Tuesday, December 18, 2018

 

Staten Island Man Indicted for Fatal Assault of Off-Duty Firefighter
On Belt Parkway Following Minor Fender Bender

Defendant Allegedly Struck Victim in the Head, Left the Scene

Brooklyn District Attorney Eric Gonzalez today announced that a 29-year-old man has been indicted on a charge of second-degree murder for assaulting and causing the death of an off-duty firefighter earlier this month. The victim suffered multiple skull fractures and hemorrhaging from a fatal blow to the head.

District Attorney Gonzalez said, “We allege that this defendant viciously and senselessly attacked a dedicated and beloved city firefighter who was committed to public service. There is no place on the streets of Brooklyn for such mindless violence. We will now seek to get justice for the victim and his heartbroken loved ones.”

The District Attorney identified the defendant as Joseph Desmond, 29, of Staten Island. The defendant was arraigned today before Brooklyn Supreme Court Justice Vincent DelGiudice on an indictment in which he is charged with second-degree murder. He was ordered held without bail and to return to court on March 1, 2019. If convicted, he faces up to 25 years to life in prison.

The District Attorney said that, according to the investigation, in the early morning hours of December 9, 2018, the defendant and the victim, Faizal Coto, 33, were both traveling east-bound on the Belt Parkway when they had a minor collision. It is alleged that both drivers pulled over to the side of the road near Exit 4 at 14th Avenue/Bay 8th street.

A passerby traveling west-bound saw the victim in distress, drove to assist him and called 911. The victim, who was an off-duty firefighter assigned to Engine 245 in Brooklyn, was pronounced dead at the scene. The victim was struck once in the left temple and the cause of death was determined to be blunt force trauma to the head.

The defendant was arrested the following day after license plate readers picked up the plate number of his 2006 Infiniti G35 on the Belt Parkway near the victim’s car at the same approximate time and in the vicinity of the incident. Police tracked down the defendant to a motel in South Amboy, New Jersey. He waived extradition and was returned to New York earlier today.

The case is being prosecuted by Senior Assistant District Attorney Andy Palacio, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Sara Gronningsater, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

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

FOR IMMEDIATE RELEASE
Tuesday, December 18, 2018

 

Former HR Director Indicted for Allegedly Embezzling Over $100,000
From Transportation Conglomerate

Defendant Requisitioned Checks Made Out to “Cash” Under False Pretense That Company Funds Were Needed to Purchase Accident Reports and Other Documents

Brooklyn District Attorney Eric Gonzalez today announced that a former human resources director and office manager of Consolidated Bus Transit, a conglomeration of five individual bus companies, has been arraigned on an indictment in which she is charged with second-degree grand larceny and related charges for allegedly stealing more than $100,000 from the companies through a check scheme.

District Attorney Gonzalez said, “This defendant was a highly-trusted employee who used her position to allegedly swindle tens of thousands of dollars from transportation companies operating under the control of her employer. I am committed to protecting local businesses from fraudulent activity and will seek to hold this defendant accountable.”

The District Attorney identified the defendant as Iris Davila, 41, of Staten Island. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with two counts of second-degree grand larceny, one count of third-degree grand larceny, second-degree criminal possession of stolen property, and five counts of first-degree falsifying business records. She was released without bail and ordered to return to court on February 13, 2019.

The District Attorney said that, according to the investigation, between August 2017 and June 2018, the defendant, who was the human resources director and office manager at Consolidated Bus Transit located at 50 Snediker Avenue, in East New York, allegedly requisitioned checks made out to “cash” against each of the five bus companies that operated under the management and control of Consolidated Bus Transit. These companies included Boro Transit Inc, SNT Bus Inc., and CBT Para Transit, a transportation service for people with disabilities.

It is alleged that the defendant received approval for expenditures under the false pretense that the company funds were necessary to purchase accident reports and other documents from the New York State Department of Motor Vehicles and the City of New York Police Department. The defendant allegedly requisitioned 67 checks totaling approximately $48,000
between August 2017 and January 2018. She allegedly sent company “runners” to cash the checks at the bank and return the funds to her. During this 6-month period, the defendant allegedly deposited $31,150 in cash into her personal bank account. Between February 8, 2018 and June 11, 2018, the defendant allegedly deposited 85 additional checks totaling about $60,500 into her personal bank account after the bank changed its policy to only allow persons with accounts at the bank to cash checks.

The theft was discovered in June 2018 when a company accountant reviewed the cash expenditures and found that there were no documents to support the checks that were requisitioned by the defendant.

The case is being prosecuted by Senior Assistant District Attorney Adam Zion, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Christopher Blank, Bureau Chief of the District Attorney’s Organized Crime and Racketeering Bureau.

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

 

FOR IMMEDIATE RELEASE
Monday, December 17, 2018

 

Teen Convicted of First-Degree Assault for Seriously Injuring
Police Officer by Intentionally Dragging Him with a Vehicle

Sped off in Stolen Car as NYPD Officer Hung on

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn teenager has been convicted of first-degree assault in connection with an incident that left New York City Police Officer Dalsh Veve with severe traumatic brain injury. The defendant sped away in a car he had stolen after the officer approached and then, at a high rate of speed, weaved the vehicle to cause the officer, who was attempting to hang on, to be thrown off and suffer catastrophic head trauma.

District Attorney Gonzalez said, “Officer Veve put his life on the line for the people of Brooklyn when he responded to calls of shots fired. This defendant then callously dragged Officer Veve, at a high rate of speed, for several blocks, showing an appalling and intentional disregard for human life. Officer Veve suffered catastrophic injuries from which he will never recover. This defendant has now been convicted and faces the maximum when he is sentenced.”

The District Attorney today identified the defendant as Justin Murrell, 17, of Brownsville, Brooklyn. He was convicted of first-degree assault following a jury trial before Brooklyn Supreme Court Justice Ruth Shillingford. The defendant will be sentenced on January 7, 2019, at which time he faces a maximum of 10 years in prison as a juvenile offender because he was less than 16 years old at the time of the incident.

The District Attorney said that on June 3, 2017, officers from the 67th Precinct responded to the corner of Tilden Avenue and East 53rd Street in East Flatbush to investigate a report of shots fired. Officer Dalsh Veve, 36, approached a black Honda Civic that was idling on the street with the defendant in the driver’s seat and three other passengers in the car, according to trial testimony.

When Officer Veve attempted to speak to the driver, the defendant fled with the officer holding onto the car. The evidence showed that the defendant drove up to 58 miles per hour while swerving the vehicle for several blocks. The Officer was able to discharge his weapon twice, striking the defendant once in the jaw, and was then flung from the vehicle. He suffered severe neurological injuries and was hospitalized and underwent extensive rehabilitation for nearly a year. He is now completely dependent on 24 hour a day care.

The defendant crashed the car and he and the three occupants of the Honda – which had been stolen from Nassau County – fled on foot, according to the evidence. The defendant walked 20 blocks to Kings County Hospital but left after seeing police officers there. He ditched his bloody clothes, then took a car service to Brookdale Hospital, where he was admitted. He did not suffer any permanent damage.

The case was prosecuted by Assistant District Attorney Melissa Carvajal, Deputy Chief of the District Attorney’s Homicide Bureau, and Executive Assistant District Attorney Joseph P. Alexis, Chief of the Trial Division.

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FOR IMMEDIATE RELEASE
Thursday, December 13, 2018

 

Brooklyn Man Sentenced to 40 Years to Life in Prison for Breaking into Apartment
And Sexually Assaulting Bushwick Woman

Defendant Had Been Hired to Clean Victim’s Apartment, Returned and Attacked Her

Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old Brooklyn man has been sentenced to 40 years to life in prison following his conviction on predatory sexual assault and related charges for breaking into a Bushwick apartment and attacking a woman.

District Attorney Gonzalez said, “I am committed to public safety and fighting for justice for all sexual assault victims. This was an especially heinous attack in which the defendant assaulted and terrorized a woman for hours. It’s important for people to feel safe in the sanctity of their own home.”

The District Attorney said that the defendant, Romaric Guiebre, 22, of Brooklyn, was sentenced to 40 years to life in prison by Brooklyn Supreme Court Justice Dena Douglas. He was convicted last month of predatory sexual assault, first-degree sexual abuse, first-degree burglary as a sexually motivated felony, second-degree robbery as a sexually motivated felony, and other charges, following a jury trial.

The District Attorney said that, according to trial testimony, on July 25, 2016, at approximately 1:30 a.m., on DeKalb Avenue in Bushwick, the victim, a 29-year-old woman, was sleeping in her apartment when she heard a key turn in her front door. When she went to investigate, she saw the defendant in the apartment. She screamed, and the defendant grabbed her around the neck and pushed her into the apartment bedroom; he then pulled out a gun and stated: “I’m going to kill you.”

A struggle ensued, according to trial testimony, and the victim bit the defendant on the nose, causing him to bleed profusely. He then tied her up and blindfolded her with a bedsheet, sexually assaulted her and made her take a shower. During the assault he demanded money, taking her debit card and PIN number. Before leaving the apartment, he gathered the bedding and other items that had blood on them and put them in a garbage bag and left the apartment at approximately 4 a.m. Blood was recovered from the scene, including the bedroom floor and the bathroom.

The defendant told the woman not to call police or he would kill her. He left and withdrew $400 from her bank account. The woman called her boyfriend, who called police.

The defendant, who worked as a house cleaner, cleaned the woman’s apartment on July 17, 2016 and it is believed he used a spare key to break into her apartment the night of the attack.

Investigators questioned the defendant because he had been in the apartment prior to the attack to provide a cleaning service. Following an investigation, he was arrested on August 23, 2016. The defendant admitted being in the woman’s apartment the night of the attack, tying her up and using her ATM card to withdraw money from her account, the evidence showed. Blood found in the apartment was a match to his DNA.

The case was prosecuted by Senior Assistant District Attorneys Lauren Silver and Gwen Barnes of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Frank DeGaetano, First Deputy Chief and Assistant District Attorney Miss Gregory, Bureau Chief.

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FOR IMMEDIATE RELEASE
Thursday, December 13, 2018

 

Brooklyn Lawyer Indicted for Allegedly Stealing Over $650,000
From Retired Couple After Representing Them in Real Estate Deal

The Defendant Allegedly Deposited Funds into His Escrow Account,
Didn’t Turn Over All of the Proceeds to Which the Sellers Were Entitled

Brooklyn District Attorney Eric Gonzalez today announced that a 50-year-old East Flatbush man has been indicted on a grand larceny charge for allegedly withholding proceeds from the $1.7 million sale of a Bedford-Stuyvesant building owned by a retired couple.

District Attorney Gonzalez said “This defendant was trusted with funds that he was obligated to give to his clients. Instead, he allegedly betrayed that trust and kept $650,000 of his retired clients’ money. We will now seek to hold him accountable for this alleged theft.”

The District Attorney identified the defendant as Gerald Douglas, 50, of East Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree grand larceny. He was ordered held on bail of $100,000 bond or $50,000 cash and to return to court on February 6, 2019. The defendant faces up to 15 years in prison if convicted.

The District Attorney said that, according to the investigation, between August 2016 and March 2017, the defendant represented a couple in the sale of their nine-unit building at 11A Spencer Place in Bedford-Stuyvesant, Brooklyn. The defendant provided legal services through the law firm Douglas & Associates P.C, located at 4517 Avenue D, in East Flatbush, Brooklyn.

It is alleged that the defendant represented the victims, a married couple ages 70 and 71 years old, at the closing of the sale of their property on September 12, 2016, at which time he received checks totaling nearly $1.5 million, which, less the down payment, represented the balance owed. It is alleged that the defendant kept the funds, depositing them into his escrow account. He was also in possession of a down payment of $170,000 that he received in August 2016.

At the end of October 2016, the defendant sent the victims a check for $200,000 and a week later wired them $600,000. In March 2017, he gave them another check for $100,000.

Finally, it is alleged, that despite repeated and urgent requests from the victims, the defendant failed to turn over the balance of the funds, less his legal fee and a broker’s fee, which was approximately $650,000.

Anyone who believes they were victimized by this defendant should call the District Attorney’s Office at 718-250-2600.

The case is being prosecuted by Senior Assistant District Attorney Adam Libove of the District Attorney’s Public Integrity Unit, with the assistance of Financial Investigator Marina Kuchmar, under the supervision of Assistant District Attorney Michael Spakanos, Unit Chief, and Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division, under the overall supervision of Mark Feldman, Senior Executive Assistant for Crime Strategies and Investigations.

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

 

FOR IMMEDIATE RELEASE
Tuesday, December 11, 2018

 

Brooklyn District Attorney Creates a Dedicated Hate Crimes Bureau

Bureau Prosecutors Will Investigate Bias-Motivated Crimes with Police to
Bring Enhanced Charges and Launch Outreach Efforts in Vulnerable Communities

Brooklyn District Attorney Eric Gonzalez today announced the creation of a dedicated Hate Crimes Bureau, staffed with senior and experienced prosecutors who will follow investigations from the beginning and enhance charges when appropriate. The Bureau will also be reaching out to vulnerable communities to educate their members about their rights and how to protect themselves from bias-motivated attacks. The Brooklyn DA’s Hate Crimes Unit was previously part of the Civil Rights Bureau.

District Attorney Gonzalez said, “Protecting everyone in Brooklyn is my highest priority and it is simply unacceptable that members of certain protected groups are fearful to walk the streets of our borough. The creation of a dedicated bureau with more resources and experienced prosecutors will help my Office to offer the most adequate response to the growing problem of bias-motivated crimes. This diverse group of assistant district attorneys will also work with community members to improve trust and cooperation.”

The Hate Crimes Bureau is dedicated to investigating and prosecuting crimes that are motivated, in whole or in substantial part, by a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the victim, regardless of whether the belief or perception is correct. The Brooklyn DA’s Office operates a Hate Crimes Hotline at 718-250-4949.

ADA Kelli Muse, formerly the Deputy Chief of the Civil Rights Bureau and Hate Crimes Unit, has been appointed Chief of the Hate Crimes Bureau. Senior ADA Ari Farkas has been named Deputy Chief. He previously served as a grand jury supervisor in the Grey Zone Trial Bureau, which covers parts of Williamsburg, Borough Park and other neighborhoods. The rest of the Bureau’s diverse staff include ADAs Peter Choi, Prabhalya Pulim, Maggie Dunbar and Adrianna Rodriguez.

In an effort to enhance prosecutions whenever appropriate, prosecutors from the Hate Crimes Bureau will assist in investigations by going to crime scenes and interviewing victims and witnesses at early stages of cases, working closely with members of the NYPD’s Hate Crimes Task Force. They will also conduct independent investigations. Additionally, they will expand to conduct vigorous outreach, which includes educational sessions and reaching out to communities that are targeted by bias-motivated crimes in order to increase prevention and share information about how we handle such cases.

Recent crime statistics have indicated an uptick in reported hate crimes across New York City, with over half targeting Jewish people. The Brooklyn DA’s Office’s Hate Crimes Unit handled over 70 cases in the past two years with the top targeted groups being LGBTQ individuals (34%), Jews (30%) and African-Americans (14%).

Creating a single point of contact for hate crime charges that will assist the police and communicate with the community is part of DA Gonzalez’s Justice 2020 action plan, which also calls for including a multi-lingual and diverse staff with ongoing culturally-specific training and connections to vulnerable populations. Creating this dedicated Hate Crimes Bureau serves an important foundation that will help in achieving these goals.

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FOR IMMEDIATE RELEASE
Thursday, December 6, 2018

 

Brooklyn District Attorney Announces Two Events to
Allow Individuals to Erase Past Low-Level Marijuana Convictions

Community-Based Opportunities to Consult with Defense Lawyers and File
Motions to Erase Convictions for Cases that are No Longer Being Prosecuted in Brooklyn

Brooklyn District Attorney Eric Gonzalez today announced two community-based sessions next week where individuals who have been previously convicted in Brooklyn for a misdemeanor marijuana possession offense will be able to meet with a defense lawyer at no cost and fill out a motion asking to erase that conviction. The District Attorney’s Office will consent to those motions and will ask a judge to vacate the convictions, representing the first initiative of its kind in New York State.

The program – which is one of the recommendations DA Gonzalez adopted as part of his Justice 2020 Initiative – is in partnership with The Legal Aid Society, Brooklyn Defender Services, Brooklyn Law School and the Center on the Administration of Criminal Law at New York University School of Law, and follows DA Gonzalez’s decision to stop prosecuting all but the most egregious cases involving possession and smoking of small amounts of marijuana.

District Attorney Gonzalez said, “This is a unique and groundbreaking opportunity for folks who are burdened by convictions for conduct we no longer prosecute to clear their record and get a fresh start in time for the new year. I encourage every eligible person to attend one of these events, get much-needed relief and help us make a real impact as we work to correct the policies of the past and begin to heal our communities.”

Dawn Ryan, Attorney-In-Charge of the Brooklyn Trial Office at The Legal Aid Society, said, “A criminal record stemming from a misdemeanor marijuana conviction holds people back in a myriad of ways and can affect a person’s employment, education and immigration status. I therefore urge everyone in Brooklyn with such a conviction to attend one of these sessions, meet with a public defender and receive consultation on erasing it from their record. The Legal Aid Society is proud to be part of this much-needed program.”

Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services, said, “Anyone who has a conviction for marijuana should come to one of the clinics and get legal advice about their eligibility to have that conviction removed from their record. These convictions have wide-reaching impact on many people, including barring access to student loans, reducing employment and housing opportunities and even causing people to lose custody of their children. We will provide assistance on all these matters at the clinics.”

Under the new program, those with a past conviction for misdemeanor marijuana possession (PL 221.15, PL 221.10 or PL 221.05) will meet with a defense lawyer, who will counsel them and will fill out the legal documents. After a review by the DA’s Office, the case will subsequently be called in court, where the DA’s Office will consent to the motion and ask that the conviction be vacated, and the underlying charge dismissed (the Office may oppose motions from individuals with prior convictions for certain violent felonies or sex offenses). Individuals will have the option of waiving their appearance in court if they so choose.

Those seeking to erase their conviction(s) should attend one of these events in person:

• Tuesday, December 11, 2018, 5:30 p.m. – 7:30 p.m. at the Office of Assembly Member Tremaine Wright, 1360 Fulton Street, Room 417 in Bedford-Stuyvesant.
• Saturday, December 15, 2018, 10 a.m. – 12 noon at SUNY Downstate Medical Center, 450 Clarkson Avenue in Flatbush.

Participants are only required to bring a form of identification and, if they have, should also bring any paperwork or information regarding their past conviction(s). Additional events are planned for 2019.

Starting in the spring of 2018, the DA gradually expanded his policy of not prosecuting low-level marijuana possession cases to include cases involving smoking in public, which are charged under the same statutes as possession (PL 221.10 and 221.05). The only individuals currently prosecuted for these offenses are those who pose a threat to public safety (e.g. driving with burning marijuana), create a genuine nuisance (e.g. smoking on public transportation or in a schoolyard where children are exposed to smoke) or are involved in violent criminal activity (i.e. “drivers of crime”).

Following the policy change, the number of marijuana possession cases that were accepted for prosecution this year declined from 349 in January to five in October – a drop of 98.5%. DA Gonzalez has called for the issuance of civil summonses as a response to low-level marijuana use and possession, as opposed to criminal summonses that make up the current response to most low-level marijuana offenses.

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FOR IMMEDIATE RELEASE
Wednesday, December 5, 2018

 

Flatbush Woman Indicted for Allegedly Embezzling Over $125,000 from Small Technology Company That Assists Charter Schools

Allegedly Used Money for Car Payments, Luxury Items and Travel Expenses

Brooklyn District Attorney Eric Gonzalez today announced that a 40-year-old Flatbush woman has been indicted on various charges of grand larceny and falsifying business records for allegedly wiring money from her employer’s business accounts to her personal account, as well as making cash withdrawals totaling more than $125,000.

District Attorney Gonzalez said “This defendant allegedly betrayed her employer’s trust by wiring money to herself and spending it on luxury goods and travel. Her alleged actions caused a significant loss to her employer and jeopardized a small business on which many charter schools rely.”

The District Attorney identified the defendant as Tasmyn Craig, 40, of Flatbush, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with one count of second-degree grand larceny, 22 counts of third-degree larceny, seven counts of fourth-degree larceny, and 30 counts of falsifying business records. She was released without bail and ordered to return to court on February 6, 2019. The defendant faces up to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, between June 21, 2016, and December 30, 2016, the defendant allegedly made 29 wire transfers to her personal Chase account for more than $115,000 from a Wells Fargo account belonging to her employer, Charter Technology Solutions. CTS was founded in 2010 to assist charter schools with their technological needs. Craig was hired as CTS’ operations and finance manager on October 5, 2015. In that role, Craig had access to the Wells Fargo and Citibank accounts used to pay operational expenses.

The alleged embezzlement was discovered by CTS founder Sachin Gujral in January 2017, when he noticed what appeared to be double entries of payments to vendors, according to the investigation. The defendant allegedly categorized the transactions as business expenditures to vendors doing business with CTS. Gujral reported the embezzlement to the police.

It is also alleged that from April 22, 2016 to January 3, 2017, the defendant stole another $9,500 from CTS’s Citibank business account through automated teller machine withdrawals.

In total, the defendant allegedly embezzled more than $125,000 from CTS. The money was allegedly used to purchase products from Gucci, Tiffany, Akira, and Uggs; to make monthly car payments for a BMW; and for JetBlue airline tickets and Miami hotels, according to the investigation.

The defendant was fired on January 10, 2017.

The case was investigated by New York City Police Department Detective Joseph DeSantis and Sergeant Johnny Wong of the 72nd Precinct in Sunset Park, Brooklyn.

The case is being prosecuted by Assistant District Attorney Karen P. Turner of the District Attorney’s Frauds Bureau, with assistance from Financial Investigator Marina Kuchmar of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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