FOR IMMEDIATE RELEASE

Friday, November 4, 2022

 

Brooklyn Couple Indicted for Fatal Shooting of TSA Worker

Defendants Allegedly Tailed Victim in Vehicle Before Killing Him in East Flatbush

            Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn couple has been arraigned on an indictment in which they are charged with murder in connection with the fatal shooting of a longtime Transportation Security Administration worker. The 45-year-old victim was shot twice from behind near East 35th Street and Church Avenue in East Flatbush.

            District Attorney Gonzalez said, “This was a cold-blooded killing that took the life of an innocent man. We will never tolerate such acts of violence in Brooklyn and will now work to bring these two defendants to justice.”

            The District Attorney identified the defendants as Richard Barrett, 34, and Irene Brown, 32, of East Flatbush, Brooklyn. Barrett was arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he and Brown are charged with second-degree murder and two counts of second-degree criminal possession of a weapon. Barrett is being held without bail.  Brown was arraigned on October 25, 2022 before Justice Del Giudice. She was ordered held without bail. Both defendants were ordered to return to court on January 11, 2023. They each face a maximum sentence of 25 years to life in prison if convicted of the top count.

            The District Attorney said that, according to the investigation, on May 29, 2022, at approximately 12:20 a.m., Barret allegedly approached the victim, Donovan Davy, from behind near 3423 Church Avenue. Barrett then allegedly fired several shots from a .380-caliber semi-automatic handgun, striking the victim in the back of the neck and right leg. Davy was taken to Kings County Hospital where he was pronounced dead. The victim was a longtime TSA employee who worked at John F. Kennedy Airport for nearly 20 years.

            Furthermore, according to the investigation, Barrett then allegedly fled the location in a 2010 Nissan Maxima driven by Brown. Video surveillance footage obtained by the New York City Police Department allegedly shows the Nissan Maxima drop off Barrett before the shooting and pick him up afterward. Cellular telephone data also allegedly tie both Barrett and Brown to the vehicle, which surveillance shows tailing an unsuspecting Davy as he travelled through Central Brooklyn on foot and by bus.

            Furthermore, according to the investigation, the Nissan is registered to Brown, who allegedly changed the vehicle’s license plate on June 6, 2022, about a week after the murder. Both defendants were arrested on September 1, 2022 and apprehended in the same 2010 Nissan Maxima.

            The case is being prosecuted by Senior Assistant District Attorney Robert Schwartz of the District Attorney’s Homicide Bureau, Senior Assistant District Attorney Han Zhang of the District Attorney’s Blue Zone Trial Bureau, and Assistant District Attorney Reema Moosa of the District Attorney’s Law Enforcement Assistance Unit, under the supervision of Leila Rosini, Chief of the Homicide Bureau.

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

FOR IMMEDIATE RELEASE

Wednesday, November 2, 2022

 

Red Hook Man Sentenced to 22 Years to Life in Prison

Following Conviction for Violent Assault of 60-Year-Old

Defendant Demanded Victim’s Valuables, Then Stabbed Him Repeatedly

Brooklyn District Attorney Eric Gonzalez announced today that a Red Hook man has been sentenced to 22 years to life in prison for robbing and stabbing a 60-year-old man outside a NYCHA development. The defendant was convicted in September for the violent assault, which left the victim in the hospital with multiple stab wounds and a broken leg.

District Attorney Gonzalez said, “Keeping the people of Brooklyn safe is my highest priority, and violent offenders like this defendant must face serious consequences. Today’s sentence holds the perpetrator of this senseless and brutal attack responsible and ensures he will not be able to victimize others in our communities.”

The District Attorney identified the defendant as Maurice Johnson, 38, of Red Hook, Brooklyn. The defendant, who was deemed a mandatory persistent violent felon, was sentenced today by Brooklyn Supreme Court Justice Jane Tully to 22 years to life in prison. The defendant was convicted of first-degree assault and two counts of first-degree robbery on September 15, 2022, following a jury trial.

            The District Attorney said that, according to the evidence, on September 14, 2020, at approximately 10:40 p.m., the defendant approached the victim at a Citi Bike station located in front of 505 Columbia Street, part of the Red Hook Houses, and demanded his valuables. The defendant, who was wielding a knife, then punched the victim, causing him to fall and break his leg. The defendant then proceeded to rip a chain off the victim’s neck before stabbing him repeatedly in the face and torso as the victim lay helplessly on the ground. The defendant also stole items from the victim’s wallet before fleeing the scene.

The victim was taken to Brooklyn Methodist Hospital and treated for multiple stab wounds on his face, neck, and body, as well as a broken leg.

After an extensive video canvas, the defendant was arrested on September 22, 2020, at a nearby shelter. Officers from the New York City Police Department executed a search warrant at the location where they recovered clothing the defendant was wearing at the time of the robbery.

The case was investigated by New York City Police Department Detective Henry Neumann of the 76^th Precinct Detective Squad. Senior Intelligence Analyst Christian Salazar of the District Attorney’s Crime Strategies Unit and Digital Evidence Lab assisted in the case.

The case was prosecuted by Senior Assistant District Attorney Joseph Mancino, of the District Attorney’s Homicide Bureau and formerly of the District Attorney’s Blue Zone Trial Bureau, and Senior Assistant District Attorney Aleena Peerzada, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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FOR IMMEDIATE RELEASE

Tuesday, November 1, 2022

 

Brooklyn Man Indicted for Violent Home Invasion Burglary in Crown Heights

Defendant Allegedly Assaulted and Sexually Abused His 81-Year-Old Neighbor

Brooklyn District Attorney Eric Gonzalez today announced that a Crown Heights man has been arraigned on an indictment in which he is charged with sexual abuse, burglary as a sexually motivated felony, assault, strangulation, and other charges for allegedly violently attacking an 81-year-old woman in her apartment.

District Attorney Gonzalez said, “The violent and brutal assault of an elderly woman allegedly perpetrated by this defendant shocks the conscience and our prosecutors are committed to seeking justice and accountability. This kind of depraved conduct will not be tolerated, and our thoughts remain with the victim as she recovers from this horrifically traumatic crime.”

The District Attorney identified the defendant as Thomas Johnson, 50, of Crown Heights, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Jill Konviser on a 16-count indictment in which he is charged with first-, second-, and third-degree burglary as a sexually motivated felony, second-degree strangulation as a sexually motivated felony, first-degree sexual abuse, criminal obstruction of breathing or blood circulation, second-degree assault as a sexually motivated felony, and related charges. The defendant is being held without bail and was ordered to return to court on December 1, 2022.

The District Attorney said that, according to the investigation, on September 27, 2022, at approximately 3 a.m., in Crown Heights, the 81-year-old victim awoke to the sound of a noise in her apartment. She walked to the kitchen and dining area, and she allegedly saw the defendant standing in her apartment. The defendant then allegedly strangled her until she was unconscious.

When the woman came to, she began to crawl towards her bedroom. The defendant allegedly emerged and began to strangle her. She lost consciousness a second time. When she woke up, she was bleeding from the mouth and nose and called out for help. The woman’s upstairs neighbors, who are related to the defendant, came down to help and called 911.

The victim suffered substantial pain to her neck, difficulty breathing, bloodshot eyes, swelling about the face, a dislocated jaw, bleeding from the mouth and nose, and injuries to her genitals.

The case is being prosecuted by Senior Assistant District Attorney Daniel Newcombe of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

 

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

FOR IMMEDIATE RELEASE

Wednesday, October 26, 2022

 

Brooklyn District Attorney Eric Gonzalez Announces the
Creation of New Gender-Based Violence Division

Will Include Domestic Violence, Sex Crimes, Human Trafficking, Victim Services and More;
Led by Experienced Prosecutor and National Expert on Intimate Partner Violence

 

Brooklyn District Attorney Eric Gonzalez today announced the creation of the Gender- Based Violence Division, which includes 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 that allows non-citizen crime victims to remain lawfully in the United States. Cases handled by the new Division share common evidentiary issues, require a trauma-informed, victim-centered response and benefit from a unified, and not siloed, management. Assistant District Attorney Michelle Kaminsky will lead the Division in a newly created executive position.

District Attorney Gonzalez said, “Improving the way we approach gender-based violence has long been a goal of my administration and creating this new Division will go a long way toward achieving that. The same trauma-informed and survivor-centered approach is necessary when handling cases of sexual abuse, intimate partner violence or trafficking, and when providing support to survivors. I am confident that under this new structure and with guidance from a nationally recognized expert and veteran prosecutor, the Brooklyn DA’s Office will be able to better assist victims and more effectively bring offenders to justice.”

The District Attorney said that he is creating the Division in response to intersectionality of issues that the various Bureaus and Units share, the common evidentiary themes in their cases, and the critical need for a unified, coordinated and consistent response to the various federal and state remedies that are available to survivors of gender-based violence. In addition, victims of domestic violence or trafficking may also be victims of sex crimes.

Creating the new Division is also a response to the critical need to elevate the issue of gender-based violence, especially due to recently enacted regressive policies towards women and their bodily autonomy on the national level and the statistical link between gun violence and domestic violence. A review of data from the last five years in Brooklyn showed that 20% of gun offenders have a domestic violence history (an undercount, given that the analysis could not include sealed cases). The Division will also handle cases that fall under the Domestic Violence Survivors Justice Act, which provides for more lenient sentences and post-conviction relief to those who committed crimes while in a domestic violence relationship that was found to be a contributing factor as to why they committed the crime.

The District Attorney said that ADA Kaminsky is exceptionally well-suited to lead this important work. After joining the DA’s Office following her graduation from Brooklyn Law School, she has served the people of Brooklyn for three decades with incredible skill, compassion, and fairness. She most recently served as Chief of the Domestic Violence Bureau – the largest bureau in the Office – supervising the prosecution of approximately 10,000 cases per year. These cases are often among the most gut-wrenching and also the most legally challenging.

ADA Kaminsky is a sought-after expert, lecturing at conferences nationwide on the legal response to domestic violence. In 2012, she published a book on her experiences handling these cases which continues to be used in college and law school classes, and she is recognized as a leading voice on legislation and policy, working with the Obama and Biden Administrations. A respected trial attorney, she has tried 39 cases, including 20 domestic violence homicides. Many of these cases involved challenging defenses, including extreme emotional disturbance, battering and its effects, alcohol induced dementia, and self-defense. Among many significant cases, she tried a man who was convicted of murdering his ex-girlfriend in Brooklyn Bridge Park in a case that relied on cell site data and evidence from Facebook.

 

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FOR IMMEDIATE RELEASE

Wednesday, October 19, 2022

 

Brooklyn Man Sentenced to 12 to 24 Years in Prison in Connection to

Seven Separate Attacks on Women in East Williamsburg

 Defendant Pleaded Guilty to Hate Crime Charges for Targeting Light-Skinned Women

 

Brooklyn District Attorney Eric Gonzalez announced today that an East Williamsburg man has been sentenced to 12 to 24 years in prison for a series of attacks on women in East Williamsburg, selecting his victims based on their gender and skin color.

District Attorney Gonzalez said, “Today’s lengthy prison sentence holds this predator accountable for his terrifying spree of violent attacks on women and sends a strong message that we will not tolerate hate crimes in Brooklyn. My office remains committed to seeking justice for all hate crime victims, and I thank these very strong women for their courage and cooperation.”

The District Attorney identified the defendant as Khari Covington, 31, who resided in an East Williamsburg transitional housing center. The defendant, who was deemed a mandatory violent persistent felony offender, was today sentenced by Brooklyn Supreme Court Justice Danny Chun to 12 to 24 years in prison. He pleaded guilty on September 7, 2022 to third-degree burglary as a hate crime, second-degree attempted strangulation as a hate crime and third-degree assault as a hate crime.

The District Attorney said that, according to the investigation, between August 5, 2020 and January 4, 2021, the defendant assaulted seven women, whom he targeted because they were women and light-skinned, according to his statements to investigators.

The incidents include the following:

• An assault on August 5, 2020 at approximately 9:45 a.m., inside 20 Morgan Avenue.
• An assault on November 17, 2020, at approximately 8 p.m., inside the Morgan Avenue train station.
• An assault on December 11, 2020 at approximately 9:15 p.m. at the Morgan Avenue train station.
• An assault on December 28, 2020, at approximately 5 p.m., inside the Morgan Avenue train station.
• An assault on January 1, 2021, at approximately 8:35 p.m., inside the Morgan Avenue train station.
• An assault on January 2, 2021, at approximately 9:50 p.m., inside the Morgan Avenue train station.
• An assault on January 4, 2021, at approximately 5:10 p.m., inside a smoke shop located at 12 Wilson Avenue.

Paralegal Michael Chung of the District Attorney’s Hate Crimes Bureau assisted in the case.

The case was prosecuted by Assistant District Attorney Adriana Rodriguez, Deputy Chief of the Blue Zone Trial Bureau (formerly of the District Attorney’s Hate Crimes Bureau) and Senior Assistant District Attorney Sharmalee Brooks-Gordon, of the Hate Crimes Bureau, under the supervision of Assistant District Attorney Kelli Muse, Chief of the Hate Crimes Bureau.

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FOR IMMEDIATE RELEASE

Thursday, October 13, 2022

 

 

Brooklyn Man Charged with Murder and Assault for Killing Woman and Injuring Four Others While Allegedly Driving Recklessly, Evading Police

Was Allegedly Speeding and Weaving into Oncoming Traffic;

Decedent’s 8-year-old Grandson Suffered Serious Brain Injuries

  

            Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been indicted for depraved indifference murder, assault, and related charges for causing the death of a woman, seriously injuring her grandson, and wounding three others when he allegedly fled a police officers’ car stop at a high rate of speed, ran red lights and crashed into a cyclist, pedestrians, another vehicle and a bodega, before fleeing the scene on foot.

           District Attorney Gonzalez said, “This defendant’s alleged recklessness behind the wheel of a stolen vehicle cost a beloved grandmother her life and injured others as he fled from a traffic stop. Everyone in Brooklyn deserves to feel safe on our streets, and we will now seek to hold this defendant accountable for his horrific alleged crimes.”

            The District Attorney identified the defendant as Tyler Green, 22, of Bedford-Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Dena Douglas on a 35-count indictment in which he is charged with second-degree murder, first- and second-degree assault, second-degree manslaughter and other related counts. The defendant was ordered held without bail and to return to court on November 2, 2022. He faces a maximum sentence of 25 years to life in prison if convicted of the top count.

            The District Attorney said that, according to the investigation, on June 25, 2022, at about 7:10 p.m., the defendant was driving a stolen Honda HR-V when police officers stopped him at the corner of Ralph Avenue and Chauncey Street in Bedford-Stuyvesant after observing him run a stop sign and determining that the license plate did not match the vehicle.

            The defendant allegedly took off at a high rate of speed and drove four blocks, to the intersection of Ralph Avenue and Macon Street, where he weaved around cars that were stopped at a red light and entered the intersection against the light and against traffic. He then struck a 28-year-old cyclist who was going in the opposite direction, causing the cyclist to suffer a fracture to his leg.

            The defendant also struck Lyn Christopher, 68, who was crossing Ralph Avenue with the light, along with her 8-year-old grandson who was visiting from Atlanta. The grandmother died at the scene and the boy suffered traumatic head injuries and is still hospitalized. The defendant kept going, allegedly running another red light one block away, T-boning a vehicle and injuring its 24-year-old driver who suffered a fractured collar bone. His car then jumped the curb and crashed into a bodega, causing minor injuries to a 43-year-old bodega employee who was standing outside.

            The defendant then allegedly jumped out of the car, along with his passenger, and fled on foot. The entire incident was captured on video and additional videos showed the defendant running back to his home on Gates Avenue, about a mile away. DNA matching the defendant was recovered from the deployed airbag of the Honda.

            The case is being prosecuted by Senior Assistant District Attorney Sarah Jafari, of the District Attorney’s Homicide Bureau and formerly of the District Attorney’s Grey Zone Trial Bureau, with the assistance of Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Street Safety Bureau, and under the supervision of Assistant District Attorney Courtney Hogg, Deputy Chief of the Grey Zone, and Assistant District Attorney Robert Walsh, Bureau Chief.

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

 

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FOR IMMEDIATE RELEASE

Thursday, October 6, 2022

 

Brooklyn Mother Indicted for Killing her Three Children

Allegedly Drowned Children in the Ocean off the Coney Island Boardwalk

 

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn woman has been indicted on first-degree murder and related charges for allegedly drowning her three children – who were 3 months old, 4-years-old, and 7-years-old – in the ocean near their home in Coney Island.

District Attorney Gonzalez said, “These innocent young children had their entire lives ahead of them when their own mother allegedly drowned and left them on a Coney Island beach. This is a shocking and unspeakable crime, and with this prosecution, we will seek justice.”

The District Attorney identified the defendant as Erin Merdy, 30, of Coney Island, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with three counts of first-degree murder and nine counts of second-degree murder. The defendant is facing a maximum sentence of life without the possibility of parole if convicted of the top count. She is being held without bail and was ordered to return to court on November 30, 2022.

The District Attorney said that, according to the investigation, on September 12, 2022, at approximately 12:37 a.m., the defendant allegedly took her three kids – Zachary Merdy, 7, Liliana Stephens Merdy, 4, and Oliver Bondarev, 3 months – to the beach near West 35th Street in Coney Island and drowned them in the ocean.

At approximately 1:25 a.m., she began walking from the beach, alone, towards the apartment of the father of the youngest child, located in Brighton Beach, over two miles away. The defendant called family members upset, and when she would not answer questions regarding the whereabouts of her children, relatives and the father went to look for her and called 911.

The police initiated a search and, at about 4:30 a.m., located the children, who were unresponsive and wet, on the shoreline near West 35th Street. They were pronounced dead at Coney Island Hospital. When the defendant’s family members found her in Brighton Beach wet and barefoot, she repeatedly said that the children were gone and that she was sorry, according to the investigation.

The case is being prosecuted by Assistant District Attorney Ernest Chin, Deputy Bureau Chief of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Jhounelle Cunningham, also of the 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

Tuesday, September 27, 2022

 

 

Flatbush Landlord Sentenced to Jail and Probation
in Connection with Fatal Fire that Left One Tenant Dead

Defendant Rented Out Illegally Subdivided Apartments Leading to Unsafe Conditions

 

            Brooklyn District Attorney Eric Gonzalez, New York City Department of Investigation Commissioner Jocelyn E. Strauber, New York City Fire Department Acting Commissioner Laura Kavanagh and New York City Buildings Department Commissioner Eric Ulrich, announced today that the owner of an illegally subdivided Flatbush apartment building has been sentenced to six months in jail and five years’ probation in connection with a fatal two-alarm fire in 2019 that left one tenant dead and six others injured.

 

            District Attorney Gonzalez said, “This landlord’s unconscionable negligence cost an innocent man his life and left six others injured when a horrific fire broke out in his illegal apartments. Today’s sentence holds him accountable and sends a strong message to landlords who put profit over the health and safety of their tenants that violations of our housing laws and regulations can come with serious consequences.”

 

            Commissioner Strauber said, “The City’s housing laws and regulations protect tenants’ safety, including in the event of a fire.  This defendant broke those laws, renting out four illegally-subdivided apartments and creating other hazardous conditions that led to the death of one tenant and injuries to the others when a two-alarm fire broke out in his property.  Mr. Leon’s conviction and sentence for criminally negligent homicide reflects his utter disregard for his tenant’s lives and his legal obligations.  I thank the Brooklyn District Attorney’s Office, the City Department of Buildings and Fire Department for their commitment and partnership on this investigation.”

 

            Acting Commissioner Kavanagh said, “This landlord forced his residents to live in incredibly unsafe conditions which led to a fire that claimed the life of one innocent New Yorker, and needlessly risked the lives of other occupants and dozens of Firefighters who bravely responded to fight the fire. The outstanding efforts of our Fire Marshals to determine the cause and origin of this fire were critical to the investigation. Thank you to the members of the Department of Investigation and the Department of Buildings for their close collaboration with our Marshals and thank you to District Attorney Gonzalez for his office’s work to bring justice in this case.”

 

            Commissioner Ulrich said, “The defendant carved up a building into illegal apartments without regard for fire-safety protections – causing the death of one tenant, injuring six others, and even putting his own family at risk. I commend District Attorney Gonzalez for his swift prosecution in this case. He is sending a strong message to New Yorkers that we will not tolerate landlords who act recklessly and disregard the law.”

 

            The District Attorney identified the defendant as Evener Leon, 63, of Flatbush, Brooklyn. He was sentenced today to six months in jail and five years’ probation by Brooklyn Supreme Court Justice Danny Chun. The defendant was convicted of criminally negligent homicide on May 23, 2022, following a bench trial.

 

            The District Attorney said that, according to the evidence, Leon owned 1776 Nostrand Avenue, a three-story, two-family dwelling with a commercial space on the first floor. The defendant’s family lived in the second-floor apartment and the third-floor apartment was divided into four illegal apartments occupied by a total of seven adults and four children.

 

            Furthermore, according to the evidence, the building did not have gas or heat because the defendant stopped paying his utility bills years before the fire. Instead, he provided tenants with space heaters and some of the tenants used hot plates to cook their meals.

 

            On December 2, 2019, at approximately 4:00 a.m., a two-alarm fire erupted on the second floor and spread to the third floor, according to the evidence. Most of the tenants suffered some smoke inhalation and other injuries as they crowded onto a rear fire escape to get out of the building.

 

            A tenant who lived in a small room in the front of the building, Jean Yves Lalanne, 70, was trapped in what firefighters refer to as a “dead man’s room” because once the fire engulfed the stairwell, he had no way to safely exit the property. There was no fire escape in the front of the building and at least one of the rear illegal apartments was locked, which prevented him from reaching the fire escape in the rear. Lalanne jumped from his third-floor window and fell to his death.

 

            Fire Marshals determined that it was an electrical fire that started in the vicinity of the insulation of a cord connected to a space heater in the rear bedroom on the second floor.

            Additionally, there were no sprinkler heads on the second or third floors, and there were no fire-proof or self-closing doors on the third floor, all of which were violations of provisions of the New York State Multiple Dwelling Law.

 

            The District Attorney thanked the New York City Department of Investigation, the New York City Department of Buildings and the New York City Fire Department for their assistance in this investigation.

 

            The case was prosecuted by Special Counsel to the Frauds Bureau Frank Longobardi and Senior Assistant District Attorney Rina Lee, also of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Gregory Pavlides, Chief of the Frauds Bureau, and the overall supervision of Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and Assistant District Attorney Patricia McNeill, Chief.

 

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FOR IMMEDIATE RELEASE
Friday, February 4, 2022

 

Brooklyn Man Sentenced for Stealing or Attempting to Steal Over
$1 Million in Credit Fraud Scheme Targeting Pentagon Federal Credit Union

Stole Identities of More Than 178 Individuals to Apply for
Loans and Credit Cards in Massive Scheme

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been sentenced to three to nine years in prison following his guilty plea to grand larceny for stealing or attempting to steal over $1 million from Pentagon Federal Credit Union. The defendant used stolen personal information of more than 178 individuals to apply for loans and credit cards in their names and then transfer money to his own accounts. The defendant stole over $320,000 from Pentagon Federal Credit Union and attempted to steal additional funds totaling over $870,000 over the course of the fraudulent scheme.

District Attorney Gonzalez said, “This defendant had no regard for the impact of his crimes on those whose identities he stole or the financial institutions he defrauded. This prison sentence sends a strong message that cybercrimes such as this massive identity theft scheme will be prosecuted vigorously and that those who victimize others online face serious consequences.”

The District Attorney identified the defendant as Joseph Batrony Jr., 31, of Crown Heights, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to three to nine years in prison. The defendant pleaded guilty to second-degree larceny on August 5, 2021.

The District Attorney said that, according to the investigation, from approximately September 2017 to May 2018, the defendant engaged in a scheme to defraud Pentagon Federal Credit Union (PenFed), a federal credit union headquartered in McLean, Virginia. He used stolen personal information of more than 178 individuals to open PenFed membership accounts and apply for loans and credit cards in their names before transferring the money to his own accounts or accounts of people related to or associated with him.

The identity theft victims are primarily residents of Western states whose personal information—including names, dates of birth and Social Security numbers—appear to be among those stolen in past “data breaches” targeting various institutions. Batrony allegedly obtained and used this information in his criminal scheme but has not been implicated in the commission of the data breaches.

Between September and October 31, 2017, the defendant filled out hundreds of online applications and made or attempted transfers of money, including 59 applications or transfers on October 27, 2017 and 42 applications made on September 29, 2017. After October 31, 2017, PenFed blocked the remainder of his attempted money transfers, including several online applications Batrony filled out in his own name, or that of an alias, “Aaron Green.” The accounts the defendant attempted to set up in his own name and that of his alias used a Kingston Avenue, Brooklyn address and telephone number associated with Batrony. Investigators with the Brooklyn District Attorney’s Office found that Batrony also used a mail drop service on Albany Avenue to receive mail and packages in the name of “Aaron Green.”

In April 2018, PenFed contacted the United States Secret Service regarding the account application made in the name of “Aaron Green,” as well as the connections PenFed had discovered among the hundreds of other fraudulent account applications. Secret Service agents determined the information “Aaron Green” submitted to open an account and apply for a $24,000 loan from PenFed included a fake New York State driver’s license with a photo that matched Batrony and a counterfeit Social Security card that belonged to a juvenile in Idaho.

Batrony transferred or attempted to transfer funds to 10 financial accounts in his name, in the name of Aaron Green or into accounts in the names of relatives, friends or “money mules”— people who would allow the defendant to use their account in exchange for a payment.

District Attorney Gonzalez offered the following tips for avoiding cybercrime and identity theft:

1. Use strong passwords and change them frequently
2. Enable two-factor authentication whenever available
3. Keep software up to date and use anti-virus and anti-malware tools
4. Only connect to the internet using trusted and secure networks
5. Set all social media settings to private
6. Do not provide sensitive personal or financial information in response to unsolicited emails or calls
7. Shred documents containing financial information
8. Educate family members about online safety and identity theft
9. Review your credit reports regularly and set up alerts for changes
10. Report suspected identity theft to financial institutions and law enforcement

For additional tools, go to IdentityTheft.gov

The case was investigated by the United States Secret Service.

Supervising Financial Investigator Deborah Wey of the District Attorney’s Investigations Division assisted in the investigation.

The case was prosecuted by Assistant District Attorney Samantha Magnani, former Chief of the Construction Crimes and Labor Frauds Unit, and Senior Assistant District Attorney Rina Lee, of the Frauds Bureau, under the supervision of Assistant District Attorney Gavin Miles, of the Frauds Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

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

 

FOR IMMEDIATE RELEASE
Tuesday, February 1, 2022

 

Suspended Lawyer Indicted for Embezzling $400,000 from Brooklyn Clients

Defendant Allegedly Stole Settlement Money from Nine Clients and Represented
A Plaintiff in A Civil Case In Brooklyn While Suspended

Brooklyn District Attorney Eric Gonzalez today announced that an attorney, who was suspended from practicing law in March 2021, has been charged with embezzling approximately $400,000 from nine clients in Brooklyn and practicing law while suspended.

District Attorney Gonzalez said, “Attorneys have a special duty to protect their clients’ interests, but this defendant allegedly betrayed that trust and his oath by stealing hundreds of thousands of dollars in settlements owed to those he represented. The criminal misconduct alleged in this indictment cannot be tolerated in the legal profession, and we are committed to holding this defendant accountable and vindicating the rights of his alleged victims.”

The District Attorney identified the defendant as Raleigh Douglas Herbert, 60, of Chatham, New Jersey. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree and third-degree grand larceny, first-degree scheme to defraud, second-degree criminal contempt, and practicing law as an attorney while being suspended. The defendant was released without bail and ordered to return to court on April 5, 2022.

The District Attorney said that, according to the investigation, from 2015 to 2021, the defendant, who handled wrongful arrests and personal injury cases against New York City, embezzled approximately $400,000 from nine of his clients in Brooklyn by depositing checks received from negotiated settlements into his attorney escrow account.

To conceal these thefts, the defendant allegedly lied to his clients about why they did not receive the money, which included blaming COVID-19 related court closures or claiming that the victims had liens that prevented him from paying them when no such liens existed. The defendant is alleged to have spent much of the embezzled funds on various personal expenses and unrelated debts.

It is further alleged that, despite being suspended from practicing law in New York State as of March 5, 2021, the defendant continued to represent a client in a wrongful death lawsuit against the New York City Police Department. The defendant allegedly did not tell the client – who was set to receive a $750,000 settlement – he had been suspended.

During District Attorney Gonzalez’s tenure, the Office has prosecuted more than twelve attorneys for misconduct related to their work.

People who believe they have been victimized by this defendant are encouraged to contact the District Attorney’s Action Center at 718-250-2340.

The case is being prosecuted by Senior Assistant District Attorney Jake A. Nasar of the District Attorney’s Organized Crime and Racketeering Bureau and Assistant District Attorney Adam Libove, Deputy Chief of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Chief of the Public Integrity Bureau, and Assistant District Attorney Christopher Blank, Chief of the Organized Crime and Racketeering Bureau, 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.