Uncategorized

Eric Gonzalez

Acting District Attorney
Kings County

May 10, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Construction Company Owner Indicted for Manslaughter

Acting Brooklyn District Attorney Eric Gonzalez today announced that the owner of a Bedford-Stuyvesant construction company and his businesses have been indicted on manslaughter and other charges after a wall collapsed at an excavation site, killing one construction worker and injuring two others.

The Acting District Attorney identified the defendants as Michael Weiss, 47, of Throop Avenue in Williamsburg and his companies, RSBY NY Builders Inc. and Park Ave Builders Inc., both in Bedford-Stuyvesant, Brooklyn.

The Acting District Attorney said that, according to the indictment, on September 3, 2015, employees of Weiss and his companies were working at a construction site at 656 Myrtle Avenue in Bedford-Stuyvesant, where they were replacing a one-story building with a five-story building. Weiss ordered several of his employees to excavate in the rear of the lot in an area not permitted by the approved Department of Buildings plans.

Furthermore, it is alleged, despite repeated requests from his workers in the months, and even just hours before the collapse, Weiss refused to provide any material for shoring or underpinning of the excavation and adjacent exposed walls – despite OSHA regulations requiring him to do so – and refused to listen to the safety concerns of his workers, insisting they continue working in an unsafe area. At approximately 11:30 a.m., the wall of the adjacent building collapsed, and masonry blocks and other debris fell on three of the workers, killing one man, Fernando Vanegaz, 18, and severely injuring two others.

Furthermore, according to the indictment, Weiss failed to maintain workers’ compensation insurance coverage while employing seven construction workers at the site, then applied for coverage hours after the collapse. He also allegedly committed tax fraud by failing to report $75,000 in income on his state tax returns. Based on this unreported income he owed state taxes of $4,310 and unlawfully received a refund of $3,686. He thereby stole $7,996 from the NYS Department of Taxation and Finance.

Additionally, a co-conspirator has been charged, who was the owner of a construction company that had a safety registration with the DOB, allowing his company to obtain permits from DOB to perform construction work in New York City. It is alleged that since Weiss did not have the appropriate licenses with DOB to apply for the necessary permits to perform the work, he paid the co-defendant $10,000 to sign the work permit applications and insurance certificates as general contractor.

Acting District Attorney Gonzalez said, “Fernando Vanegaz should be alive today. Construction site deaths such as his are becoming all too common as builders ignore safety protocols and hire untrained workers to maximize profits. Even worse, we allege, is that in this case the builder went ahead with this illicit excavation even after the Department of Buildings explicitly prohibited it. I vow to continue investigating and prosecuting these unscrupulous builders whose practices endanger their workers and anyone near their sites.”

Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 9, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

Brooklyn Man Indicted for Deed Fraud in Connection
With Six Properties, Including Landmarked Residence in Fort Greene

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been indicted for allegedly stealing a 19th century mansion in Fort Greene, as well as attempting to steal five other properties in a brazen scheme in which he transferred title of others properties to himself.

The Acting District Attorney said that, according to the indictment, between February 2015 and December 2016, the defendant, Aderibigbe Ogundiran, 36, of 123 Albany Avenue in Crown Heights, engaged in a scheme to steal title to or the economic benefit from six residential properties in Brooklyn, targeting properties whose title holders were deceased or properties that no one seemed to be taking care of.

It is alleged that the defendant took advantage of the apparent inattention to the properties by filing fraudulent deeds or other instruments against the properties in an effort to gain control of them. In fact, he gained control or attempted to gain control of them in a variety of ways that included using aliases, corporate alter-egos, impostors, forged driver’s licenses, misuse of personal identifying information, and forged notarizations.

The indictment charges the defendant with committing crimes involving the following properties:

• 176 Washington Park in Fort Greene
• 123 Albany Avenue in Crown Heights
• 42 Albany Avenue in Bedford-Stuyvesant
• 1024 Hendrix Street in East New York
• 1424 Fulton Street in Bedford-Stuyvesant
• 49 Albany Avenue in Bedford-Stuyvesant.

The Acting District Attorney said that in at least one instance, involving 42 Albany Avenue, the defendant collected rent from a tenant after leasing out an apartment. In another instance, involving 1424 Fulton Street, he was captured on videotape filing a Power of Attorney at the City Register’s office, after the actual owner of the property received an email alert of a document filed against the property.

Acting District Attorney Gonzalez said, “Escalating real estate values in Brooklyn unfortunately make frauds like this inviting to thieves. We vow to continue to vigilantly prosecute scam artists such as this defendant, but at the same time I would urge homeowners to protect themselves by registering with the Automated City Register Information System (ACRIS) so that they are automatically informed of changes made to documents associated with their property – as happened with one of the victims in this case – which would alert them to potential theft and fraud related to their property.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 5, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

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

Acting Brooklyn District Attorney Eric Gonzalez today announced that the operator of three Brooklyn daycare centers has been convicted 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.

The Acting District Attorney said that, between 2007 and 2011, the defendant, Owen Larman, 44, of Prospect-Lefferts Gardens, 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.

In August 2011, the New York City Department of Health and Mental Hygiene (DOHMH) found that one of the defendant’s centers, located at 1159 Flatbush Avenue, was grossly overcrowded with inadequate staff to supervise the children. DOHMH issued a new permit allowing only seven children of school age to be on the premises. Prior to this date, the defendant had over 78 children at the site.

Following the issuance of the new permit, the defendant attempted over the next several months to open a new center at another location, 5566 Kings Highway. He was unable, however, to secure a lease for this location and therefore was never able to open a center there.

Despite this, 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, as well as for some children who were not receiving services at any of the defendant’s centers.

As a result of these falsified forms, Next to Home received approximately $51,667 from ACS, which was deposited in the defendant’s account. Further, the defendant was able to accomplish the theft by bribing an ACS employee for almost three years, from May 2011 to January 2014.

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.”

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Read the full press release here.

Eric Gonzalez

Acting District Attorney
Kings County

May 4, 2017

COMMUNITY PARTNER IN JUSTICE NOTIFICATION

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

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 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 various Brooklyn neighborhoods, including Brownsville, Bushwick, Flatbush and Fort Greene.

The Acting District Attorney said that the defendants were arrested yesterday and are being arraigned. 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. These defendants and others were also charged with possession and sale of controlled substances and related counts.

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.

Rivera allegedly 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. 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.

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.”

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

Read the full press release here.

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.