Press Releases

FOR IMMEDIATE RELEASE
Friday, May 5, 2017

 

Flatbush Daycare Operator Convicted for Stealing Over $50,000 from City
By Falsifying Records, Bribing a City Employee

Claimed City Funds for Children at Nonexistent Daycare Center;
Bribed City Employee to Facilitate Scheme

Acting Brooklyn District Attorney Eric Gonzalez today announced that the operator of three Brooklyn daycare centers has been convicted of grand larceny, bribery, criminal possession of a forged instrument and related charges for stealing over $50,000 from the New York City Administration for Children’s Services (ACS) by falsifying and submitting forms to receive City funds for a bogus center and for children who did not actually attend his centers.

Acting District Attorney Gonzalez said, “This defendant stole from the City, falsified documents and bribed a public employee – all inexcusable criminal acts under any circumstances. But in this case, the defendant not only broke the law to line his pockets – he did so while entrusted with the care and well-being of dozens of young children. I will not stand for anyone who compromises the safety of Brooklyn’s children in any way.”

The Acting District Attorney identified the defendant as Owen Larman, 44, of Prospect-Lefferts Gardens, Brooklyn. He was convicted yesterday of second-degree grand larceny, third-degree bribery, 11 counts of second-degree criminal possession of a forged instrument and 11 counts of first-degree offering a false instrument for filing following a jury trial before Brooklyn Supreme Court Justice Guy Mangano. The defendant will be sentenced on May 31, 2017, at which time he faces up to 15 years in prison.

The Acting District Attorney said that, according to trial testimony, between 2007 and 2011, the defendant opened three daycare centers in Brooklyn under the name Next to Home. The centers, serving infants, toddlers and school-age children, were primarily paid through ACS vouchers given to families to cover some or all of the cost of childcare services. The defendant stole approximately $51,667 in voucher funds from ACS between June 2012 and April 2013.

The Acting District Attorney said that, according to trial testimony, in August 2011, the New York City Department of Health and Mental Hygiene (DOHMH) found that one of the defendant’s centers was grossly overcrowded with inadequate staff to supervise the children. This center contained the defendant’s afterschool program and was located at 1159 Flatbush Avenue in Flatbush, Brooklyn. The DOHMH took measurements of this afterschool center on June 3, 2011 and issued a new permit in August 2011 allowing only seven children of school age to be on the premises. Prior to this date, the defendant had over 78 children at the afterschool center. The DOHMH is the City agency responsible for inspecting all group childcare facilities in New York City.

According to trial testimony, following the issuance of the new permit permitting only seven school-age children at the 1159 Flatbush Avenue center, the defendant’s common practice was to misrepresent the number of children at his centers by having employees take some of the children temporarily off-site and hold them on buses in parking lots when he knew an inspection was about to occur. Additionally, the buses used by the centers were frequently overcrowded and unequipped to properly transport young children, at times with two to three infants sitting in one car seat and with older children holding infants when car seats were not available.

In October 2011, the defendant applied to the New York State Office of Children and Family Services (OCFS) for a permit for Next to Home to open a new center for school-age children at 5566 Kings Highway in East Flatbush. OCFS is the State agency responsible for issuing registrations for childcare programs serving school-age children. In December 2011, OCFS issued the defendant a permit to run a center at the Kings Highway location for up to 80 school-age children. The owner of 5566 Kings Highway, however, never issued the defendant a lease for this location. The next month, in January 2012, the defendant applied to ACS to receive childcare vouchers for children at that location, which ACS approved. Next to Home, however, never operated a childcare center at 5566 Kings Highway.

The Acting District Attorney said that, despite the nonexistence of a center at 5566 Kings Highway, the defendant went on to file 11 false forms with ACS from June 2012 to April 2013 stating that school-age children with ACS vouchers were receiving childcare services at that location. The forms were, in fact, for some children still receiving services at 1159 Flatbush Avenue in violation of DOHMH’s new registration and license for the site. The forms submitted by the defendant also contained the names of children who were not receiving any services by Next to Home Childcare. Further, the defendant forged the signature of a former Next to Home employee – an educational director – on each form, which required the signature of an approved signatory, such as an educational director at the site.

Relying on these false representations, ACS created and submitted 11 invoices to an outside payment vendor, which stated that Next to Home was entitled to payment for childcare services rendered at the Kings Highway location. As a result, the vendor paid Next to Home approximately $51,667, which was deposited into a bank account controlled by the defendant.

Additionally, some of the children for whom Next to Home received ACS voucher payments did not receive any childcare service from Next to Home at any location. From September 2011 to October 2012, the defendant submitted 10 false forms to ACS claiming that two children received childcare services at the Kings Highway Location and at 1159 Flatbush Avenue, when in fact those two children did not receive any childcare service from Next to Home during the time claimed on the forms.

The Acting District Attorney said that, according to trial testimony, the defendant was able to accomplish the theft by bribing an ACS employee to fax him the ACS forms for the Kings Highway location each month. The ACS forms normally had to be mailed each month to the provider’s center, but since the defendant did not actually operate out of 5566 Kings Highway, he was unable to receive mail there. The ACS employee would fax the defendant the form each month, enabling him to fill it out and return it to ACS for payment. Between May 2011 and January 2014, the defendant returned forms to the ACS employee at least monthly, each time handing the employee $100 to $300 in cash. The ACS employee also was arrested and charged but signed a cooperation agreement and testified against the defendant at trial.

The Acting District Attorney would like to thank the DOHMH Childcare Bureau Assistant Commissioner Frank Cresciullo, and Public Health Inspectors Jenneal Murray and Cheydene McGhan.

The case was investigated by the New York City Department of Investigation.

The case was also investigated by Detective Investigator Jacqueline Klapak of the District Attorney’s Investigations Bureau, under the supervision of Michael Seminara, Supervising Detective Investigator.

The case was prosecuted by Senior Assistant District Attorney Samantha Magnani and Senior Assistant District Attorney Vivian Young Joo, of the District Attorney’s Frauds Bureau, and Senior Assistant District Attorney Sara Walshe, of the District Attorney’s Public Integrity Unit, under the supervision of Assistant District Attorney Michael Spanakos, Chief of the Public Integrity Unit, and Assistant District Attorney Felice Sontupe, Chief of the Frauds Bureau, under the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Thursday, May 4, 2017

 

Thirteen Defendants Charged in Connection with Heroin Distribution Ring
Allegedly Led by Former Basketball Standout James “Fly” Williams

Operation Distributed 2 Million Glassines in a Three-Month Period;
Four Charged as Major Traffickers under State Kingpin Statute

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that 13 people have been charged by felony complaints in connection with the operation of a major heroin distribution ring. Former NCAA and ABA basketball player James “Fly” Williams allegedly directed the operation as it purchased narcotics from suppliers in the Bronx and re-sold them, in bulk and retail quantities, in various Brooklyn neighborhoods, including Brownsville, Bushwick, Flatbush and Fort Greene.

Acting District Attorney Gonzalez said, “These defendants had no consideration of the harm suffered by so many from the dangerous narcotics they allegedly peddled. They just cared about making money, exploiting addicts and the heroin epidemic that is spreading throughout our communities with devastating results. This is the second takedown of a major opioids ring by the NYPD and my Office in as many months, showing our resolve to tackle this problem head on with all of our resources. I am determined to continue targeting narcotic distribution rings while introducing innovative strategies to stem the demand by providing opportunities for eligible defendants to get help with their addiction and hopefully turn their lives around.”

Commissioner O’Neill said, “As alleged, the quantity of heroin trafficked by the defendants speaks to the seriousness of the epidemic we are facing. The NYPD will continue to arrest people who profit on those addicted to opioids. I want to commend the NYPD detectives and the Brooklyn District Attorney’s office for the work that led to today’s charges.”

The Acting District Attorney said that the defendants were arrested yesterday and are being arraigned on criminal complaints. James (“Fly”) Williams, Jeffrey Britt (“Doobie”), Hanziel Martinez Cintron (“Johnny”), and Richard Rivera (“Cristiano”) were each charged with operating as a major trafficker in violation of the state’s drug kingpin statute, which carries a maximum sentence of up to 25 years to life in prison, as well as with first- and third degree criminal sale of a controlled substance and related counts. Other alleged members of the operation were variously charged with third-degree criminal sale of a controlled substance, third- and fourth-degree criminal possession of a controlled substance, fourth-degree conspiracy and related counts. [See addendum for full list of defendants.] Additional arrests are expected as part of the investigation.

The Acting District Attorney said that the investigation was conducted between September 2016 and May 2017, and relied on undercover buys, physical surveillance, and court-ordered electronic intercepts. As alleged, between late January and late April, the ring circulated about 2 million glassines of heroin. A glassine typically has a street value of between $6 and $10.

It is alleged that Rivera supplied the narcotics to Cintron, who cut and packaged them under a single “brand,” distinguished by a logo on the glassines. Cintron allegedly sold the heroin to Britt either in the Bronx or in Brooklyn. According to the complaints, Britt then distributed the drugs at Williams’s direction, using a network of street dealers under their control, as well as a number of redistributors operating in upstate counties and other locations in the metropolitan area. The street dealers are accused of selling the heroin to customers in several Brooklyn neighborhoods, including Brownsville, Bushwick, Flatbush, Fort Greene, and East New York. Many of the transactions took place in the vicinity of the Brownsville Recreation Center on Linden Boulevard.

Britt and Tyrone Munford allegedly collected proceeds from the ring’s sales on a regular basis and transferred them to Williams. Leezet Kelley is accused of assisting Williams with the subsequent management of the funds and other administrative tasks the operation required.

Search warrants that were executed yesterday led to the recovery of six firearms, over $185,000 in cash, approximately two kilos of heroin and additional 13,667 glassines. Five additional individuals were arrested during the execution of the search warrants.

The investigation was conducted by Detective Brian Depalo of the New York City Police Department’s Brooklyn North Narcotics, under the supervision of Lieutenant Cassandra Whitaker and Sergeant Claudio Ramirez, and the overall supervision of Inspector Miguel Iglesias, Commanding Officer of Brooklyn North Narcotics and Deputy Chief Michael Kemper, Commanding Officer of Detective Borough Brooklyn North.

KCDA staff from the District Attorney’s Crime Strategies Unit and the District Attorney’s Asset Forfeiture and Crimes Against Revenue Bureau assisted in the investigation.

The case is being prosecuted by Senior Assistant District Attorney Nicholas Batsidis and Assistant District Attorney Robert Basso, 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, Deputy Chief of the District Attorney’s Investigations Division.

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A criminal complaint is merely an accusation and not proof of a defendant’s guilt.

Defendant Addendum

1. James “Fly” Williams, 65, of Jamaica Estates, Queens
2. Jeffrey Britt (“Doobie”), 34, of Flatlands, Brooklyn
3. Richard Rivera (“Cristiano”), 45, of Tremont, Bronx
4. Hanziel Martinez Cintron (“Johnny”), 39, of Belmont, Bronx
5. Marlon Campbell (“M”), 58, of East New York, Brooklyn
6. Leezet (“Baby Girl”) Kelley, 45, of Crown Heights, Brooklyn
7. LaToya Mark, 37, of Flatlands, Brooklyn
8. Maurice McGhee (“MoJo”), 49, of Bedford-Stuyvesant, Brooklyn
9. Charles Moore (“Light”), 57, of Bushwick, Brooklyn
10. Charles Morgan (“Rav”), 61, of Bedford-Stuyvesant, Brooklyn
11. Tyrone Munford (“Mo”), 55, of East New York, Brooklyn
12. Michael Rosoboro (“Mike Mike”), 61, of East New York, Brooklyn
13. James Williams, 36, of East Flatbush, Brooklyn

 

FOR IMMEDIATE RELEASE
Tuesday, May 2, 2017

 

Waitress Sentenced to 15 Years to Life in Prison for
Fatally Stabbing Man in Sunset Park Chinese Restaurant

Defendant Admitted Stabbing Victim, Pleaded Guilty to Second-Degree Murder

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 37-year-old woman was sentenced to 15 years to life in prison for fatally stabbing an acquaintance who was seated in the restaurant where she worked, which was owned by his family.

Acting District Attorney Gonzalez said, “This defendant inexplicably stabbed the victim in this case, ending his life and ruining her own. She’s now been held accountable and will serve many years in prison for her actions.”

The Acting District Attorney identified the defendant as Lan Shui Yu, 37, of Sunset Park, Brooklyn. She was sentenced today to 15 years to life in prison by Brooklyn Supreme Court Justice Neil Firetog. The defendant pleaded guilty to second-degree murder on March 31, 2017.

The Acting District Attorney said that, according to the investigation, on February 15, 2016, at approximately 10 p.m., Jian Yang Zhang, 44, went to Lucky Zhang, a restaurant located at 5622 8th Avenue, in Sunset Park, which was owned by his family. He sat down at a table and allegedly made a comment to the defendant, who was a waitress at the restaurant. The defendant then slapped the victim and punched him in the head. She then picked up a knife, stabbed him in the back and then stabbed him in the heart.

The victim then walked outside of the restaurant and collapsed. Shortly thereafter, the defendant left the restaurant, stepped over the victim’s body and went to a friend’s house nearby. She cleaned herself up and confessed the stabbing to her friend.

Mr. Zhang was taken to the hospital, but died of injuries due to the stab wound to the heart. Police responded to the location, located the defendant and she told them that the victim cursed at her so she stabbed him. The entire incident, including the homicide and the defendant’s actions thereafter, was captured on videotape.

The case was prosecuted by Senior Assistant District Attorney Sara Kurtzberg, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Bureau Chief.

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FOR IMMEDIATE RELEASE
Monday, May 1, 2017

 

Brooklyn Man Sentenced to 25 Years to Life for Murdering His Ex-Girlfriend

Defendant Strangled Victim during Argument over Child Support for Their Two Children

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to 25 years to life in prison for killing his ex-girlfriend following an argument over child support inside of her apartment in the Roosevelt Houses in Bedford-Stuyvesant.

Acting District Attorney Gonzalez said, “This defendant unbelievably escalated an argument over child support to murder. He has now been sentenced to a well-deserved prison sentence for this senseless killing of the young mother of his two children, who are now left to grow up without either parent.”

The Acting District Attorney identified the defendant as Tristan Anderson, 30, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Matthew Sciarrino to 25 years to life in prison following his conviction last month on charges of second-degree murder after a jury trial.

The Acting District Attorney said that, according to trial testimony, on July 22, 2014, at approximately 2:00 a.m., the defendant and his ex-girlfriend, Shawntell Davis, 25, who had two children, now ages three and eight, were engaged in an argument over child support, according to the defendant, inside of her apartment, located at 953 DeKalb Avenue, in Bedford-Stuyvesant.

The defendant told police that he pushed the victim to the floor and she may have banged her head and that she was lying on the floor gurgling and wheezing when he left the apartment.

The evidence proved that the victim died as a result of ligature strangulation with blunt impact injury to the head.

The case was prosecuted by Senior Assistant District Attorney Sabeeha Madni and Assistant District Attorney Asia Watson of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Michelle Kaminsky, Bureau Chief.

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FOR IMMEDIATE RELEASE
Tuesday, April 25, 2017

 

Brooklyn Gang Member Sentenced to 37 Years to Life in Prison
For Killing Teenage Girl, Injuring another Man in Separate Shootings

Defendant Apprehended Following Police Foot Chase, Admitted Role in Each Shooting

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old man was sentenced to 37 years to life in prison for a revenge shooting spree – spanning two Brooklyn neighborhoods – that took a teenager’s life and seriously wounded another man. The defendant was apprehended following a police chase after he shot into a crowded Brownsville courtyard.

Acting District Attorney Eric Gonzalez said, “This defendant’s decision to seek revenge had tragic consequences for two innocent people, costing a young woman her life and causing another man serious injury. These shootings were acts of gang violence, fueled by gang violence. With today’s sentence, at least one participant in this vicious cycle will be off the streets for many years to come.”

The Acting District Attorney identified the defendant as Clayton Gravenhise, 22, of Brooklyn. He was sentenced today to 37 years to life in prison by Brooklyn Supreme Court Justice John Ingram. The sentence includes 24 years to life for the defendant’s second-degree murder conviction plus 13 years, to run consecutively, for the first-degree attempted assault conviction. The defendant was also sentenced to 13 years for each of two counts of second-degree criminal possession of a weapon, to run concurrent to the murder and attempted assault. The defendant was convicted following a jury trial earlier this month.

The Acting District Attorney said that, on July 13, 2014, at approximately 1:23 a.m., the defendant repeatedly shot Ubequeen Turner, 17, in the head, chest, back, buttocks and arm as she stood on the sidewalk in the vicinity of Quincy Street and Marcy Avenue in Bedford-Stuyvesant, according to trial testimony. She died as a result of her injuries. The defendant later admitted that he shot the victim because she was related to a man the defendant believed killed his brother earlier that month.

Furthermore, on November 11, 2014 – the defendant’s brother’s birthday – at approximately 10:49 p.m., the defendant drove with others to Brownsville, Brooklyn with the intent of continuing his revenge plot. Upon approaching a crowded residential courtyard on Lott Avenue near Mother Gaston Boulevard, passengers exited the defendant’s car and opened fire into the crowd, according to trial testimony. A 32-year-old man was struck in the back and survived his injuries; the bullet still remains lodged in his body.

According to trial testimony, the defendant was apprehended fleeing the Brownsville courtyard shooting after engaging police officers, first in a vehicle pursuit and then on a foot chase, until he was caught.

The defendant, a member of the HoodStarz street gang, later admitted to his role in both shooting incidents and told investigators of his revenge motives.

The case was investigated by New York City Police Department Brooklyn North Homicide Squad, the 79th Precinct Squad and the 73rd Precinct Squad.

The case was prosecuted by Senior Assistant District Attorney Bernarda Villalona, of the District Attorney’s Homicide Bureau and Assistant District Attorney Stephen Shuovsky, of the District Attorney’s Orange Zone Trial Bureau, under the supervision of Timothy Gough, Homicide Bureau Chief.

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FOR IMMEDIATE RELEASE
Tuesday, April 25, 2017

 

Bronx Sex Offender Sentenced to 65 Years to Life for
Raping Senior Citizen inside her Brownsville Apartment

Helped Victim Carry Plant to Her Home, Then Sexually Assaulted Her

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 31-year-old Bronx man has been sentenced to 65 years to life in prison following his conviction on charges of predatory sexual assault and burglary for raping a 64-year-old woman inside her apartment in Brownsville, Brooklyn.

Acting District Attorney Gonzalez said, “This defendant is a repeat sexual offender who is clearly a danger to society. This depraved, brutal and calculated attack on a senior citizen in the sanctity of her home justifies the lengthy sentence he received today.”

The Acting District Attorney identified the defendant as Darrell Kinard, 31, of Claremont Village in the Bronx. He was sentenced today by Brooklyn Supreme Court Justice Vincent Del Giudice to 65 years to life in prison following his conviction on March 13, 2017 of two counts of predatory sexual assault and one count of second-degree burglary as a sexually motivated felony after a jury trial. The defendant has been deemed a predatory felon, based on a prior conviction for which he was designated a level-3 sex offender, and faced a mandatory life sentence.

The Acting District Attorney said that, according to trial testimony, on March 26, 2015, at approximately 4 p.m., the defendant was in the lobby of the victim’s building in Brownsville, Brooklyn. He helped the 64-year-old victim carry a plant to her apartment. Once inside, the defendant raped the woman in the living room and again in the bedroom. When the victim locked herself in the bathroom, he punched the door and broke it open.

The defendant then forced the victim to bathe and to wash the sheets and her clothing. After he left, the victim, who suffered a bruised and swollen lip, went to the hospital, where a sexual assault evidence collection kit was performed. A DNA sample matched the defendant and he was apprehended in September 2015.

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

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FOR IMMEDIATE RELEASE
Tuesday, April 25, 2017

 

East New York Man Sentenced to 30 Years in Prison
For Shooting Man in the Head

Coldly Fired at Victim, Who Lost his Right Eye

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 32-year-old man from East New York, Brooklyn was sentenced to 30 years in prison for shooting a 22-year-old man, at close range, between his eyes and causing him to lose sight in his right eye.

Acting District Attorney Gonzalez said, “This defendant coldly shot a person in the face at point-blank range and it is a miracle that the victim survived. There is no place in our society for those who commit acts of gun violence. Today’s sentence is well-deserved and should serve as a warning to others that shootings such as this will not be tolerated in Brooklyn.”

The Acting District Attorney identified the defendant as Eric Brewster, 32, of East New York, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Bruce Balter to 30 years in prison following his conviction earlier this month on charges of second-degree attempted murder and first-degree criminal use of a firearm after a jury trial.

The Acting District Attorney said that on July 12, 2014, at about 7:50 p.m., the victim, 22-year-old Dasia Pettiway, got off a bus and headed with two friends to a corner store located at 1017 Hegeman Street in East New York. As he entered, the defendant approached the store and then called the victim to come out, the evidence showed.

The defendant and the victim engaged in a brief conversation and then, as the victim was distracted by a friend handing him a cigarette, the defendant shot him in the head at close range. The bullet struck the victim directly between his eyes and tore through his right eye, according to testimony. The victim underwent surgery to remove the remnants of his right eye. A surveillance video shows the defendant getting dropped off by a silver sedan about a block from the store and additional footage captures him fleeing the location after the shooting, with one video clearly showing him holding a firearm.

The case was prosecuted by Senior Assistant District Attorney Nicholas Scott, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Nicole Chavis, Bureau Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE
Monday, April 24, 2017

 

AG Schneiderman, DA Gonzalez Announce the Indictments of Nine Defendants for Stealing Over $1 Million in Mortgage Fraud Scheme

Defendants Are Alleged to Have Fraudulently Obtained Short-Sale Discounts and Loans
By Submitting False Information to Mortgage Companies
Defendants Include Disbarred Attorney, Tax Preparer, New York City Department of Investigation Investigator, and Loan Originator

Acting Brooklyn District Attorney Eric Gonzalez, together with New York State Attorney General Eric Schneiderman, today announced that nine individuals have been variously charged with money laundering, mortgage fraud, grand larceny, conspiracy, and other charges related to their participation in a scheme to defraud mortgage lenders that spanned two New York City boroughs and resulted in over $1 million in ill-gotten mortgage loans.

Acting District Attorney Gonzalez said, “These defendants—among them a disbarred attorney, a tax preparer, a loan originator, and a New York City investigator—allegedly engaged in an elaborate scheme to manipulate the mortgage process by using lies, sham companies and fake documents to steal millions of dollars from lending institutions. Those who wish to profit from fraudulent and criminally dishonest business practices in Brooklyn will be fully investigated and prosecuted and we thank the New York State Attorney General’s Office for their diligence and hard work on this case.”

Attorney General Schneiderman said, “Our investigation uncovered a brazen and elaborate scheme to defraud mortgage lenders and steal over one million dollars. We have zero tolerance for anyone who tries to cheat the system – and we won’t hesitate to bring them to justice. I thank the Acting District Attorney for his partnership on this case.”

The defendants are Janelle Defreitas, 37, of Uniondale, Long Island; Raymond McKayle, 53, of East Flatbush; Lester Wayne Mackey, 63, of Wyandanch, New York; Darren Downes, 36, of Baldwin, New York; Jaipaul Persaud, 54, of Fresh Meadows, NY; Roxanne Harmon, 51, of Jamaica, New York; June Whyte, 54, of Ozone Park, New York; Rickley Gregoire, 33, of Brooklyn, New York; and Paula Blackwood-Sambury, 50, of Cambria Heights, New York. The defendants were variously charged with money laundering, grand larceny, residential mortgage fraud, offering false instruments for filing, conspiracy, and related charges before Brooklyn Supreme Court Justice Danny Chun.

According to the indictment, from 2012 to 2015, defendants Defreitas, McKayle, Mackey, and Persaud allegedly engaged in a scheme to defraud mortgage lenders and steal mortgage proceeds. In the course of the scheme, the defendants allegedly used sham corporations to acquire title to four properties in Brooklyn and Queens, and then conspired with defendants Downes, Harmon, Whyte, Gregoire, and Blackwood-Sambury to obtain mortgages to “buy” the properties in manufactured resales. The defendants are alleged to have concealed the fact that the buyers couldn’t afford the homes by submitting fraudulent mortgage applications showing grossly inflated incomes from fake jobs, bank accounts with fabricated balances and other false information.

According to the investigation, Defreitas acquired title to properties located at 546 Chauncey Street in Ocean Hill, Brooklyn; 158 Tompkins Avenue in Bushwick, Brooklyn; 85-17 Sutter Avenue in Ozone Park, Queens; and 115-87 223rd in Cambria Heights, Queens, through shell corporations that included West North Capital, Inc., Housing Enhancement and Lifetime Planning (“HELP”), and others. Defreitas allegedly used defendants Downes, Whyte, Gregoire and Blackwood-Sambury to “purchase” the acquired real estate from Defreitas and her companies at significantly higher prices. To facilitate the sales, it is alleged that McKayle, a licensed mortgage loan originator, would direct Defreitas on how to alter and falsify material information in loan applications so that unqualified buyers would be approved for loans they could not afford.

According to the indictment, Persaud, a tax preparer, helped Defreitas establish sham corporations and then prepared fake pay stubs and W-2 statements purporting to show that the buyers worked for – and were paid by — the sham companies. In at least one instance, Persaud also allegedly altered income documents from a legitimate employer to show inflated earnings. McKayle, a mortgage loan originator, is alleged to have knowingly submitted the false and fraudulent applications and supporting documents to unsuspecting mortgage companies. It is also alleged that Mackey, a disbarred attorney, falsely represented that he had received the down payments that buyers were required to make; in fact, in some instances, the supposed down payments were provided by Defreitas, which Mackey sometimes helped to conceal by depositing checks into his attorney escrow account and then returning the funds to Defreitas. Mackey is also alleged to have represented Defreitas or the defendant buyers at the closings for most of the fraudulent real estate transactions.

In certain instances, it is alleged, the defendants would acquire properties via a short-sale—an option available for property owners who are unable to afford their mortgage payments and cannot sell the home for enough money to repay the mortgage. According to the investigation, Harmon, who is an investigator for the New York City Department of Investigation, owed approximately $512,000 on her mortgaged property at 85-17 Sutter Avenue. Harmon and Defreitas allegedly conspired to fraudulently apply for a short-sale via Harmon’s mortgage holder. Defreitas concealed her involvement by purporting to represent Harmon through one of the shell companies. Eventually, based on Harmon’s supposed hardship, the mortgage company agreed to a $100,000 short sale to West North Capital – which was also owned by Defreitas. As a result of misrepresentations made by Harmon and Defreitas to the mortgage company, Harmon’s debt was reduced by approximately $412,000, and Defreitas owned the property without a mortgage lien. A few months later, Defreitas and McKayle submitted a fraudulent mortgage application so that defendant June Whyte, Harmon’s sister-in-law, could “buy” the property from West North Capital. Whyte’s fraudulent application, including fake paystubs and W-2 statements created by Persaud, was approved and West North – and Defreitas — collected almost $400,000 in mortgage loan proceeds.

The investigation originated from a 2014 complaint to the Brooklyn District Attorney’s Real Estate Fraud Unit, as well as an automobile insurance fraud case handled by the New York State Attorney General’s Office involving Defreitas and Downes, for which Downes is currently incarcerated. It culminated in a joint investigation and prosecution of the mortgage fraud allegations by the Brooklyn District Attorney’s Frauds Bureau and the Real Estate Enforcement Unit of the Attorney General’s Criminal Division.

The Acting District Attorney asked that anyone who believes they may have been a victim of this scheme to contact the DA’s Action Center at 718-250-2340.

The charges against the defendants are allegations and the defendants are presumed innocent unless and until proven guilty.

The Acting District Attorney and the Attorney General thanked the Department of Investigation, the New York City Office of the Sherriff, the New York City Department of Finance, the New York State Department of State, and the New York State Department of Taxation and Finance for their help in this investigation.

The case was investigated by Detective Investigator John Rodriguez, under the supervision of Jim Fenrich, Supervising Detective Investigator, and William Pettie, Deputy Chief Investigator, of the District Attorney’s Investigations Bureau and Investigator Steven Pratt under the supervision of Deputy Chief Investigator John McManus and Chief Investigator Dominick Zarrella, of the New York State Attorney General’s Office.

The case was also investigated former Forensic Auditor Matthew Croghan and Forensic Auditor Kristina Kojamanian, under the supervision of Chief Edward J. Keegan Jr. and Deputy Chief Sandy Bizzarro.

The case is being jointly prosecuted by the Brooklyn District Attorney’s Office and the New York State Attorney General’s Office. The case is being handled by Assistant District Attorney Liz Kurtz, of the District Attorney’s Frauds Bureau and Assistant Attorney General Scott Mendelsohn, of the Attorney General’s Real Estate Enforcement Unit, who is cross-designated as an Assistant District Attorney in the Investigations Division, under the supervision of Assistant District Attorney Felice Sontupe, Chief of the District Attorney’s Frauds Bureau, and Assistant District Attorney Richard Farrell, Chief of the Real Estate Fraud Unit, under the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

The Attorney General’s Real Estate Enforcement Unit is headed by Special Counsel to the Criminal Justice Division, John Spagna, under the supervision of Public Integrity Bureau Chief Daniel Cort and Deputy Bureau Chief Stacy Aronowitz. Legal Support Analyst Allen George assisted in the prosecution of this case.

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

 

FOR IMMEDIATE RELEASE
Monday, April 24, 2017

 

Queens Man Sentenced to 76 Years to Life in Prison
For Shooting Two Brownsville Security Guards,
Killing One and Paralyzing the Other, after Invading Nearby Home

Victims Shot Outside of Housing Complex Where They Worked

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old Queens man has been sentenced to 76 years to life in prison following his conviction earlier this month on charges of second-degree murder, attempted murder, burglary and other charges for shooting two security guards – killing one and paralyzing the other – outside of a housing complex in Brownsville, after invading a nearby home and threatening two other people earlier that morning.

Acting District Attorney Gonzalez said, “The victims in this case were two innocent young men simply doing their jobs who got caught in the cross-hairs of gang-related violence. Gang members should be on notice that shootings like this will not be tolerated and will be prosecuted to the fullest extent of the law. Today’s lengthy sentence is well-deserved and necessary to protect the residents of Brooklyn.”

The Acting District Attorney identified the defendant as Antonio Mahon, 22, of Queens, New York. Brooklyn Supreme Court Justice ShawnDya Simpson today sentenced him to 76 years to life in prison. The defendant was convicted earlier this month of second-degree murder, second-degree attempted murder, first-degree assault, first-degree burglary, second-degree burglary, two counts of second-degree criminal possession of a weapon, two counts of second-degree assault, criminal possession of a firearm and second-degree menacing following a jury trial.

The Acting District Attorney said that, according to trial testimony, on November 28, 2014, at approximately 8:45 a.m., near Rockaway Avenue and Livonia Avenue in Brownsville, Brooklyn, the defendant, a member of the Bloods street gang, was walking down the sidewalk and approached two on-duty security guards employed at the nearby Riverdale Towers housing complex, home to several of the defendant’s rival gang members. The defendant passed the guards, turned around and fired two shots at point-blank range, striking one guard in the head and the other in the back.

The guard who was shot in the head, 30-year-old Aaron Locklear, died five days later, on December 3, 2014 at Brookdale Hospital. The guard shot in the back was treated at Kings County Hospital and is partially paralyzed from the waist down as a result of the shooting.

According to trial testimony, the shootings followed a home invasion and threats the defendant committed nearby earlier that morning. At approximately 2:30 a.m., the defendant chased a man associated with a rival gang into an apartment on Dumont Avenue. The defendant pointed a black and silver handgun at the man’s head and threatened to kill him. Then, shortly before the shootings, at approximately 8:30 a.m., at 330 Bristol Street, video surveillance recorded the defendant pointing a gun at another victim’s head.

A New York City Police Department investigation recovered two shell casings near the crime scene at Riverdale Towers, along with a loaded black and silver .40 caliber pistol in a garbage can less than a block away. Two shell casings were also recovered a block away from 330 Bristol Street. Ballistic analysis determined that all the recovered shell casings had been fired from the recovered pistol.

The defendant was arrested on January 9, 2015 inside a relative’s home in Queens. In a subsequent statement to NYPD detectives, he admitted to shooting two men with a black and silver handgun. He also was identified in a line-up by three witnesses.

The case was investigated by New York City Police Department Detective James Tillman of the 73rd Precinct Detective Squad.

The case was prosecuted by Assistant District Attorney Patrick O’Connor, Deputy Chief of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Nicole Chavis, Bureau Chief.

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FOR IMMEDIATE RELEASE
Monday, April 24, 2017

 

Acting Brooklyn District Attorney Eric Gonzalez Announces New Policy
Regarding Handling of Cases against Non-Citizen Defendants

Will Aim to Prevent Collateral Consequences of Convictions by
Being Aware of Immigration Status of Defendants and Offering Appropriate Pleas;
Two Newly-Hired Immigration Attorneys will Train Staff and Advise on Offers

Acting Brooklyn District Attorney Eric Gonzalez today announced that his Office is implementing a new policy aimed at minimizing collateral immigration consequences of criminal convictions, particularly for misdemeanor and other low-level offenses. The Brooklyn District Attorney’s Office has hired two immigration attorneys to train all staff on immigration issues and to advise prosecutors when making plea offers and sentencing recommendations on cases of non-citizen defendants in an effort to avoid disproportionate collateral consequences, such as deportation, while maintaining public safety.

Acting Brooklyn District Attorney Gonzalez said, “I am committed to equal and fair justice for all Brooklyn residents – citizens, lawful residents and undocumented immigrants alike. Now more than ever, we must ensure that a conviction, especially for a minor offense, does not lead to unintended and severe consequences like deportation, which can be unfair, tear families apart and destabilize our communities and businesses. In Brooklyn, we have been proactive in protecting immigrants from fraud and hate crimes and now, with the unprecedented hiring of immigration attorneys and the implementation of this policy, we continue to lead on this important issue.”

“I want to emphasize that our Office is not seeking to frustrate the federal government’s function of protecting our country by removing non-citizens whose illegal acts have caused real harm and endangered others. Rather, our goal is to enhance public safety and fairness in the criminal justice system and this policy complements, but does not compromise, this goal. We will not stop prosecuting crimes, but we are determined to see that case outcomes are proportionate to the offense as well as fair and just for everyone.”

The New York Immigration Coalition Executive Director Steven Choi said, “The New York Immigration Coalition (NYIC) congratulates Acting District Attorney Gonzalez on this significant initiative. This is an important step to protect Brooklyn’s large and diverse immigrant population. Misdemeanors and low-level offenses often trap immigrants who are unfamiliar with the legal process – and potentially expose them to harsh ‘double punishment’ of being deported and ripped from their families. The New York Immigration Coalition looks forward to the program’s success and eventual expansion. After all, this is our New York, one that fights for justice of all people.”

Hispanic Federation President Jose Calderon said, “”Brooklyn District Attorney Eric Gonzalez’s decision to inform non-citizens of immigration-related consequences when facing possible criminal conviction is a game-changer and long overdue reform. For far too long, our justice system has carelessly triggered double jeopardy for immigrants, who were unaware of all their legal options that may impact their ability to remain with their families in this country. We applaud this new policy and hope it will serve as a national model for truly fair, humane justice for all.”

The Black Institute Founder and President Bertha Lewis said, “The Black Institute has been working on immigration issues from a black perspective for over seven years, and we are grateful and excited that DA Gonzalez has given recognition to this timely and extremely necessary matter. About a third of Brooklyn’s population hails from another country with Africans, Caribbean, Latinos, Afro-Latinos, Eastern Europeans, Mexicans, Asians and immigrants from every corner of the globe calling this borough home. We need to protect their rights now more than ever.”

The Acting District Attorney said that non-citizen defendants may face harsh immigration penalties as a result of criminal convictions, even for minor offenses. Lawful residents (green card holders or students, workers, visitors, refugees and asylees with valid visas) can face deportation, detention during removal proceedings, bars to re-admittance into the country and negative effects on applications for permanent residency or citizenship. A conviction for undocumented immigrants can make them a priority for deportation enforcement or eliminate the possibility of the cancellation of removal proceedings that might be otherwise available based on length of stay, marriage, extreme hardship and other factors.

According to federal law, four factors primarily affect how a conviction impacts a defendant’s immigration consequences: 1. Nature of the crime. Certain offenses, like those involving a controlled substance, domestic violence, firearms, crimes against a child and crimes of moral turpitude, are prioritized and can be determinative on how a state offense is treated for immigration purposes. For instance: some state misdemeanors, like possession of marijuana and petit larceny, are considered felonies for immigration purposes, while trespass and unauthorized use of a vehicle are not. 2. Length of sentence. Certain misdemeanor dispositions are tantamount to aggravated felonies for immigration purposes. 3. The length of the defendant’s stay in the United States. 4. Whether the defendant has prior convictions and the nature of such convictions.

Given the complexity of the law, a blanket set of guidelines is not applicable when attempting to prevent unintended collateral consequences, and any determination must be made on a case-by-case basis. Accordingly, the new policy instructs the following:

• When reviewing a case, whether at the initial stages or further along its pendency, all staff must be alert to a defendant’s possible non-citizen status. If such possibility exists, the Assistant District Attorney must flag that fact to defense counsel and note that immigration consequences may be an issue.
• In determining an appropriate plea offer or a sentencing recommendation after trial, every case must be evaluated on its merits so that justice is served. Among the several factors to be considered are the defendant’s present and future immigration status and any humanitarian factors, such as hardships if the defendant were deported. Whenever possible, if an appropriate disposition or sentence recommendation can be offered that neither jeopardizes public safety nor leads to removal or to any other disproportionate collateral consequence – the ADA should offer that disposition or make that recommendation.

  To reach an immigration-neutral disposition, ADAs may consider alternative offenses the defendant can plead to as well as reasonable modifications to the sentence recommendation. When possible, the alternative should be similar in level of offense and length of sentence to that offered to a citizen defendant, while the charge may be different. For example, a plea to a misdemeanor trespass may be offered when appropriate instead of a misdemeanor drug offense. In certain instances, it may be appropriate to offer a non-citizen defendant a plea for a lesser offense in light of the disproportionate immigration consequences a higher level offense may result in.

• Two attorneys with specific expertise in immigration laws as well as broad knowledge of other collateral consequences (bars to housing, education opportunities, etc.) are joining the District Attorney’s staff. They will act as a resource to the entire Office, consulting on individual cases and providing targeted training to all ADAs.

The District Attorney’s Office recognizes that there may be times when crafting an immigration-neutral disposition would be very difficult and there may be stumbling blocks that cannot be overcome in certain cases. It also recognizes that many felony convictions, especially for violent felonies, will come attached with inevitable – and often appropriate – collateral immigration consequences. Finally, the policy complements current practices pursuant to New York City’s status as a sanctuary city, under which the Office does not share immigration status of victims and witnesses with federal authorities and encourages all residents to report crimes and cooperate with investigations without fear of reprisals.

The Brooklyn District Attorney’s Office has done much to prevent immigrants from becoming victims of crime and to assist those who become victims. That includes well-attended Immigration Forums in several communities that are now being held on a monthly basis; an active Hate Crimes Unit and a robust Immigrant Fraud Unit that is specifically tasked with investigating crimes against immigrants; a regular review of U-Visa applications of witnesses and victims; a culturally diverse team of counselors in the Victims Services Unit; and more. The Office has also been responsive to defense attorneys’ requests to take immigration status of their clients into account when offering or reviewing dispositions.

The Acting District Attorney said that while these efforts have been important, prosecutors must do more and take a more proactive role in making sure that a conviction for a minor offense does not lead to a severe and unjust outcome.

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