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Eric Gonzalez

Acting District Attorney
Kings County

April 24, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

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

Acting Brooklyn District Attorney Eric Gonzalez today announced that his Office is implementing a new policy aimed at minimizing immigration consequences of criminal convictions, particularly for misdemeanor and other low-level offenses.

This new policy stems from the recognition that non-citizen defendants may face harsh immigration penalties as a result of criminal convictions, even for minor offenses. Further, even 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.

The new policy aims to minimize such consequences through the following measures:

• When reviewing a case, whether at the initial stages or further along, all DA’s Office 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 a 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 consequences – 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. 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.
  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 draconian consequences like deportation, which can be unfair, tear families apart and destabilize communities and businesses. In Brooklyn, we have been proactive in protecting immigrants from fraud and hate crimes and now, with the 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 fair and just for everyone.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

April 21, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Disbarred Lawyer Sentenced to up to 22 Years in Prison for
Stealing Over $1 Million through Fraudulent Real Estate Deals

Acting Brooklyn District Attorney Eric Gonzalez today announced that a disbarred lawyer from Staten Island was sentenced to 11 to 22 years in prison for running long-term frauds in connection with two distressed properties in Brooklyn. The defendant, who graduated from Georgetown Law in 1987 and was disbarred after being charged of felony larceny in 2001, stole over $1 million in the present case from a number of different victims, sometimes pretending to be a legitimate attorney when it suited his schemes.

Between February 15, 2011, and June 29, 2015, the defendant, Domenick Crispino, 53, of Tottenville, Staten Island, executed long-term frauds for personal profit, using two private homes in Brooklyn that were subject to foreclosure: 35 Bay 7th Street in Bath Beach and 1848 West 7th Street in Gravesend.

In the case of the Bay 7th Street property, the defendant represented himself as an attorney and offered to help the elderly owner keep the house despite missed mortgage payments. The homeowner, who was a frail 95-year-old and knew the defendant through a late son, was desperate to remain in the house he had lived in for many decades. The defendant eventually stole $597,750 from the owner’s friends in funds the defendant said were being held in escrow. Further, after the owner’s death, the defendant stole a down payment of $86,800 from sisters who were trying to buy the property.

In the case of the West 7th Street property, which also was in a foreclosure proceeding, the defendant forged a deed in 2011, transferring ownership of the house — worth about $385,000 — to his company for $10. In 2012, he went on to steal yet another down payment — this time $47,500 from a husband and wife interested in buying the home – and in 2014, the defendant “sold” the same house, which he had never owned, to a different couple, stealing $252,461.27.

Acting District Attorney Gonzalez said, “This defendant can only be described as a financial predator, stealing as much money as he could from as many victims as he could find. Using his knowledge of the law, he repeatedly exploited the victims to enrich himself. I will not allow con artists to profit from Brooklyn’s rising home values, and my Office will continue to target shameful frauds like these.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

April 20, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Attorney Sentenced to Prison for Stealing Almost $600,000
From the Estate of Deceased NYC Civil Court Judge John L. Phillips, Jr.

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Howard Beach attorney was sentenced to one to three years in prison for siphoning off approximately $600,000 from an estate that he was hired to represent and using the funds for his personal expenses. The stolen funds include proceeds from the sale of historic Slave Theater in Bedford-Stuyvesant.

The defendant, Frank Racano, 54, of Howard Beach, Queens, was sentenced today to one to three years in prison and required to sign a judgment order or restitution for $587,160.56 payable to the estate of John Phillips, at the request of the District Attorney’s Office. Racano pleaded guilty to second-degree grand larceny in January for stealing $587,160.56 from the estate of New York City Civil Court Judge John L. Phillips, Jr., who died in 2008, unmarried, childless and without a will.

In 2010, Racano was hired by the administrator of the estate to assist in the sale of the estate’s real estate holdings, which included the Slave Theater. Following the sale of the theater in February 2013, Racano proceeded to write and cash over 300 checks to himself without authorization from the estate or the Court.

Acting District Attorney Gonzalez said, “This defendant disregarded his duty to his client, stealing nearly all of the proceeds due to the estate of the beloved Hon. Judge Phillips, including from the sale of the historic Slave Theater. He’s now been held accountable for his brazen theft and shameful conduct.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

April 13, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Seven Brooklyn Residents Charged in Fraud Scheme Involving
More Than 150 Illegally Deposited Money Orders, Over $100,000 in Losses

Acting Brooklyn District Attorney Eric Gonzalez today announced that seven Brooklyn residents have been indicted for their role in an alleged scheme to fraudulently deposit the same United States Postal Service money orders into multiple bank accounts and cashing the physical money orders while failing to disclose the prior deposits.

The Acting District Attorney said that, according to the indictment, from approximately June 2014 to March 2016, the defendants purchased USPS money orders in amounts ranging from $700 up to $1,000 at post offices throughout Brooklyn. In one instance, $12,000 in money orders was purchased. It is also alleged that the defendants recruited a total of 47 bank account holders to relinquish control of their accounts—including their debit cards and Personal Identification Numbers—to the defendants for a promised sum of money. The account holders held accounts at TD Bank, Santander and Bancorp.

According to the indictment, the defendants would deposit the purchased money orders into the bank accounts through the institutions’ electronic deposit mobile application. Many times, the postal money orders were electronically deposited into more than one compromised bank account. The defendants, it is alleged, would write the respective account holder’s name as the money order payee and erase the information afterwards to facilitate another fraudulent deposit.

Electronic deposit mobile applications allow customers to deposit checks or money orders directly to their bank account using a smart phone or other electronic device. Many financial institutions immediately release a portion of the deposited funds making cash available for withdrawal.

The Acting District Attorney said that, according to the indictment, the defendants would withdraw money from the accounts and then cash the money orders at United States Post Office locations throughout Brooklyn, without disclosing that the money orders had previously been deposited into a bank account. It is alleged that the names of the account holders previously written in pencil were erased and money orders were written out—in ink—to the individual cashing the item.

The defendants allegedly stole approximately $74,951; $36,369; and $7,300 from TD Bank, Santander Bank and Bancorp, respectively.

Acting District Attorney Gonzalez said, “These defendants allegedly engaged in an intricate scheme to steal thousands of dollars from financial institutions and exploited a loophole in mobile electronic bank deposit applications. These loses turn into financial costs are ultimately passed onto bank customers. My Office will continue to work closely with the United States Postal Service to remain vigilant in the face crime which capitalizes on changing technology.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

March 29, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Thirty-Four Defendants Charged with Operating Sprawling Narcotics
Distribution Ring that Sold Furanyl Fentanyl, Heroin and Cocaine

Acting Brooklyn District Attorney Eric Gonzalez today announced that 34 people have been variously charged in a 357-count indictment with criminal sale of a controlled substance, conspiracy and other crimes for their alleged roles in a narcotics trafficking operation that sold heroin and cocaine, both in Brooklyn and beyond. The case also involves alleged sales of furanyl fentanyl, a relatively new and potent opiate analog.

The Acting District Attorney said that, according to the indictment, between June 2016 and March 2017, the defendants participated in a narcotics distribution operation that spanned all of New York City, some upstate New York counties, and Phoenix, Arizona.

The primary supplier of the ring was allegedly Nigel Maloney, who was based in Phoenix and would mail heroin and cocaine to Warren Appolon, who operated out of his home in Jamaica, Queens. Appolon is accused of supplying the narcotics to Willie Billingslea, who worked on behalf of the head of the Brooklyn-based distribution operation, Jerome Horton.

Furanyl fentanyl is a highly potent opiate that can be stronger than similar drugs and is often cheaper than heroin. Based on its slightly different chemical composition, it is not currently a controlled substance under New York State law, although the federal government listed it as a Schedule I controlled substance in November 2016.

It is alleged that Horton, Billingslea and their co-conspirators stored narcotics and sales proceeds under floor boards, in storage rooms and other locations. They also used vehicles equipped with elaborate hiding spaces (or “traps”) to store and transport the drugs. Customers contacted members of the operation by making phone calls or sending text messages to arrange transactions. The sales were typically completed during hand-to-hand transactions in vehicles, in buildings or on the street, throughout New York City, according to the indictment.

During the course of the investigation, a total of 2.455 kilograms of cocaine, 1.704 kilograms of heroin and 4.581 kilograms of furanyl fentanyl were recovered. In addition, 17 operable firearms were seized in the course of the investigation.

Acting District Attorney Gonzalez said, “The indictment describes a sprawling narcotics ring that operated from Brooklyn across the city, the state and the country. Those who push these deadly poisons on our streets, concerned only with their own lucrative profits, devastate the communities where they operate and feed the disease of addiction, which ultimately touches all of us. Drug analogs, like the furanyl fentanyl in this case, highlight a dangerous gap in our narcotics laws that we will work to address with our partners in Albany.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

March 22, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brooklyn Man Charged for Posing as U.S. Immigration Employee,
Stealing $5,000 from Three People Seeking Services

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been charged with scheme to defraud, grand larceny and petit larceny for posing as an employee of U.S. Citizenship and Immigration Services (USCIS) and stealing $5,000 from three individuals for immigration-related services he promised but never delivered.

The Acting District Attorney said that, according to the investigation, from March to April 2015, the defendant, Israel Torres, 57, of East New York, allegedly met three people — all immigrants or with immigrant family members — and told them that he was an employee of USCIS and could help with a range of immigration-related services for a fee. In one instance, the defendant allegedly approached a woman and asked if she wanted help bringing any family members into the country. The woman allegedly paid the defendant $800 to help get her relative to the U.S. and obtain a green card. In another instance, the defendant allegedly promised a woman that he could get her husband a green card, charging her $3,200. The defendant allegedly told a third woman that he could expedite her citizenship application, for which he charged her $1,000.

In none of the instances did the defendant deliver promised services nor did he return his victims’ money, save for one, to whom he gave a partial refund upon her demand. The investigation revealed that no green card application, citizenship application or related paperwork was filed with USCIS by the defendant on behalf of any of the victims or their family members, nor was the defendant employed by USCIS.

Acting District Attorney Gonzalez said, “Not only is this defendant alleged to have stolen money, he betrayed immigrants who needed help. We will not allow scammers to take advantage of the current climate of fear and confusion in the immigrant community to line their own pockets while making false promises. Now more than ever, immigrants in our city must feel safe and know that law enforcement agencies are here to protect them. I am committed to preserving that trust and to prosecuting anyone who preys upon vulnerable members of this – and any other – community in Brooklyn.”

Steven Choi, Executive Director of the New York Immigration Coalition, said, “The New York Immigration Coalition commends District Attorney Gonzalez and his office for the arrest and charges against yet another unscrupulous provider of immigration services. In these terrifying times for immigrants we have seen a sharp rise in schemes that seek to prey on their fears of deportation. The Brooklyn District Attorney’s office has been a tremendous ally to the New York Immigration Coalition and New York’s immigrant communities for many years. They are a key member of the Protecting Immigrant New Yorkers (PINY) Task Force, and we look forward to continuing this close collaboration to ensure that our city remains a safe space for all.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

March 22, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Former City Tax Auditor Indicted for Allegedly
Stealing over $243,000 from Sheriff’s Office Trust Accounts

Acting Brooklyn District Attorney Eric Gonzalez yesterday announced that a former tax auditor who was employed by the New York City Sheriff’s Office has been charged with grand larceny and related counts for allegedly stealing over $243,000 from Trust Accounts that were under her authority. She allegedly used the money on a host of extravagant personal expenses, including plastic surgery, travel, car leases, Louboutin products and Raymour & Flanigan furniture.

It is alleged that between July and December 2013, the defendant, Kasara Wilson, 30, of Bedford-Stuyvesant, deposited checks written from the Queens County Sheriff’s Trust Account in the amounts of $4,871, $7,800, $104,804 and $38,585 into her personal accounts with Municipal Credit Union and JP Morgan Chase. In September 2014, she allegedly deposited an $87,593 check from the Kings County Sheriff’s Trust Account into her personal account. The total of all five checks was $243,654. In May 2016, the defendant allegedly deposited a $19,686 check from the Richmond County Sheriff’s Trust Account into her Chase account, but the bank returned that check. The defendant was suspended and subsequently resigned in June 2016.

The investigation found that money from the accounts into which the checks were deposited was spent on a host of personal expenses, including a trip to Miami and the leasing of a Nissan vehicle that was later upgraded to an Infiniti. In addition, the defendant made dozens of purchases at various businesses, such as: $1,950 at a plastic surgeon’s office, $1,600 at Christian Louboutin, over $3,500 at Diamond Hut Jewelry, over $400 at Gucci, over $1,500 at Michael Kors and over $9,500 at Raymour & Flanigan.

Acting District Attorney Gonzalez said, “What this defendant allegedly did was the ultimate betrayal of trust, taking money she was charged with safekeeping and spending it on her own lavish lifestyle. I will remain vigilant in prosecuting any form of public corruption.”

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

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

March 21, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brooklyn District Attorney’s Office Creates First-in-the-City
Comprehensive Campus Sexual Assault Response Initiative

Acting Brooklyn District Attorney Eric Gonzalez yesterday announced his Office’s creation of a Campus Sexual Assault Response Initiative that will work proactively with college students and administrators to raise awareness of sexual assaults on campus, protect and support student survivors and foster cooperation among schools and law enforcement.

As part of the initiative, the DA’s Office and the campuses will partner with campus officials in a coordinated response to campus sexual assaults, enhancing reporting and investigation while ensuring an appropriate, comprehensive response. Representatives of the Office, in partnership with community organizations, will speak directly to new students arriving on campus during orientation and back-to-school activities. The Office will also offer training programs for campus staff.

The initiative’s task force will work to connect every campus survivor to the services of the Office’s Victim Services Unit, even in cases which do not result in criminal prosecution. Early access to complete services will enhance the investigative process while minimizing any additional trauma from involvement with the criminal justice system and ensuring that victims are fully and accurately informed as early as possible.

Finally, the Office will designate a staff member as a single point of contact for campus officials and law enforcement seeking guidance on issues related to campus sexual assault.

The Office launched the initiative last week, hosting representatives of 14 institutions of higher education to provide an overview of its vision and resources. The representatives, including Title IX coordinators, also heard from some of our partners, including: a member of the New York City Police Department’s Special Victims Squad; a social worker from our Victims Services Unit; and representatives of the New York City Alliance Against Sexual Assault, the New York City Health and Hospitals Corporation Sexual Assault Response, and the New York City Anti-Violence Project. Finally, the audience heard a survivor story from an advocate at Day One, which provides education and training to youth under age 24.

Acting District Attorney Gonzalez said, “Every student who enjoys our borough’s rich educational resources should learn and grow free from the threat of campus sexual assault and dating violence. We are the first District Attorney’s Office in New York City to dedicate specific resources to these crimes in the campus setting. Brooklyn joins this important national conversation, not only with our unequivocal commitment to every person affected by this conduct, but also with concrete action.”

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Eric Gonzalez

Acting District Attorney
Kings County

March 21, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brooklyn District Attorney’s Office is Accepting Applications
For Summer High School Internship

Acting Brooklyn District Attorney Eric Gonzalez today announced the open application period for a summer internship program for high school students who live or attend school in the borough. Students with an interest in criminal justice or public service will participate in the comprehensive five-week program.

Selected students will be assigned to units within the DA’s office to support the work of Assistant District Attorneys and other members of the DA’s staff. They can expect to assist with legal research and analysis using the Internet, news articles and legal periodicals; assist attorneys on pretrial matters; work on case preparation, discovery, file maintenance and organizing court documents; participate in trial zone workshops; participate in judicial, legal and law enforcement-related field trips; and observe criminal proceedings including trials, guilty pleas and sentencings.

The program is open to qualifying sophomores, juniors and rising seniors who must be able to commit to the entire duration of the program. It will run from July 10, 2017 to August 11, 2017, Monday through Thursday from 9 a.m. to 4 p.m. and on Friday from 9 a.m. to 12:30 p.m.

Students will receive a $150 weekly stipend and commuting costs. Applicants are required to supply their most recent school transcripts, a one-page resume, two letters of recommendation and evaluation forms from either a teacher, coach or mentor, and must submit a 300 word typed essay (12 pt. font and double-spaced) on why they are interested in interning with the Brooklyn District Attorney’s office and what impact they think it will have on their future personal and professional endeavors.

Acting Brooklyn District Attorney Gonzalez said, “We are excited to host this hands-on and interactive internship program offering high school students the chance to work directly with Assistant District Attorneys and gain valuable real world experiences. Participating students will receive an insider’s view of the criminal justice system and the chance to be mentored in a professional workplace setting. We are proud to partner with the United Federation of Teachers to provide this opportunity for Brooklyn students.”

To apply, please visit www.brooklynda.org/internships, no later than May 5, 2017.

For further information, please contact us at hsinternships@brooklynda.org.

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Eric Gonzalez

Acting District Attorney
Kings County

March 8, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Largest Gun Bust in Brooklyn History: 24 People Indicted
For Gun Trafficking, with 217 Weapons Purchased in Virginia
To be Sold on the Streets of Brooklyn

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner James P. O’Neill, today announced that 24 individuals — 22 of whom are residents of Virginia — have been charged in a 627-count indictment with weapons offenses and conspiracy for trafficking guns purchased in Virginia to be sold on the streets of Brooklyn.

According to the indictment, 10 of the defendants brought anywhere from two to 12 guns at a time to Brooklyn or Manhattan from Virginia. The defendants allegedly traveled by car or bus to New York with the firearms and met the purchaser to complete the sale. Other defendants are accused as so-called ‘straw purchasers,’ individuals who, while legally entitled to purchase firearms under Virginia law, allegedly did so in this case only in order to give them to other defendants for illegal resale.

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

The weapons recovered during the course of the investigation include assault weapons such as AK-47s, AR-15s, Thomson Industries (a.k.a. Tommy guns), Mossberg 715Ts, and MAC-10s. The handguns include a .45 caliber Desert Eagle 1911, Glocks with extended ammunition magazines and 50 round ammunition drums, and handguns of various calibers including .45 caliber, .40 caliber, .380 caliber, and 9mm.

Acting District Attorney Gonzalez said, “In this unique case, we charged more defendants and recovered more firearms than in any other case in Brooklyn’s history. We will go wherever we must, including other states, to continue fighting the scourge of firearms trafficking. We will not rest until every individual allegedly importing illegal guns into our borough – and with them death and violence – has seen their names on an indictment like this one.”

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

Read the full press release here.