Last edited on Friday, October 30, 2020, at 4:36 PM.
Welcome to The Blanch Law Firm’s weekly digest of New New York Criminal Cases. Our goal is to keep the public informed as to recent events in federal courts around the country.
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Friday, October 30, 2020
I. Individual Charged with Cyberstalking Three Victims
A criminal complaint was unsealed in Brooklyn federal court on October 23, 2020, charging Kenneth Kurson, a/k/a “Jayden Wagner” and “Eddie Train,” 52, of Maplewood, New Jersey, with stalking and harassing three people. Kurson surrendered to authorities earlier the same day and made his initial appearance that afternoon before U.S. Magistrate Judge Ramon E. Reyes. The charges were announced by Seth D. DuCharme, the Acting U.S. Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge of the FBI’s New York Field Office.
As alleged in the complaint, between approximately November 2015 and December 2015, Kurson engaged in a pattern of stalking and harassment against three victims. As part of this pattern, Kurson used multiple aliases to file false complaints about two of the victims with their employer, post false negative reviews about one victim’s professional conduct on crowd-sourced review websites and made unsolicited contact with two of the victims.
Kurson traveled on multiple occasions to the workplace of two of the victims, taking photographs and inquiring about one victim’s work schedule. During the investigation, the FBI gathered evidence that Kurson simultaneously engaged in a similar pattern of harassment against two other individuals. As a result of Kurson’s conduct, an employer of two of the victims hired a security guard.
Source: https://www.justice.gov/usao-edny/pr/individual-charged-cyberstalking-three-victims
II. Eight Charged with Conspiring to Act as Illegal Agents of the People’s Republic of China
A complaint and arrest warrants were unsealed in Brooklyn federal court on October 28, 2020, charging eight defendants with conspiring to act in the United States as illegal agents of the People’s Republic of China (PRC). Six defendants also face related charges of conspiring to commit interstate and international stalking. The defendants, allegedly acting at the direction and under the control of PRC government officials, conducted surveillance of and engaged in a campaign to harass, stalk and coerce certain residents of the United States to return to the PRC as part of a global, concerted and extralegal repatriation effort known as “Operation Fox Hunt.”
Zhu Yong, Hongru Jin and Michael McMahon were arrested October 28, 2020 and made their initial appearances via teleconference the same day, before U.S. Magistrate Judge Peggy Kuo. Rong Jing and Zheng Congying were arrested in the Central District of California, and their initial appearances will take place in that district later today. Zhu Feng, Hu Ji and Li Minjun remain at large.
Seth D. DuCharme, Acting U.S. Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; Christopher Wray, Director, Federal Bureau of Investigation (FBI); George M. Crouch, Jr., Special Agent-in-Charge, FBI, Newark Field Office (FBI); Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); and Keith Byrne, Special Agent-in-Charge, U.S. Department of State’s Diplomatic Security Service, New York Field Office, announced the arrests and charges.
III. Cayuga County Man Charged with Possessing a Firearm as a Felon
On October 27, 2020, James Workman, 32, of Conquest, New York, was arrested and charged by criminal complaint with unlawfully possessing a firearm as a felon on October 6, 2020. The announcement of the arrest and charges was made by the Acting U.S. Attorney for the Northern District of New York Antoinette T. Bacon, along with Thomas F. Relford, Special Agent in Charge of the FBI’s Albany Field Office and; John B. DeVito, Special Agent in Charge of the New York Field Division of the ATF; as well as Cayuga County Sheriff Brian Schenck.
The criminal complaint alleges that Workman, a felon, possessed and discharged a .30-06 caliber rifle at his residence in Conquest, on October 6, 2020. Authorities also located several rounds of ammunition at his residence. If convicted, Workman faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.
Source: https://www.justice.gov/usao-ndny/pr/cayuga-county-man-charged-possessing-firearm-felon
IV. Afghan National Arrested for 2008 Abduction of American Journalist, Two Afghanis
The Department of Justice announced on October 28, 2020 the unsealing of a federal indictment charging Haji Najibullah, a/k/a “Najibullah Naim,” a/k/a “Abu Tayeb,” a/k/a “Atiqullah” with six counts related to the 2008 kidnapping of an American journalist and two Afghan nationals. Najibullah, 44, was arrested and transferred to the United States from Ukraine to face the charges in the indictment.
Najibullah will be presented today before U.S. Magistrate Judge Ona T. Wang. The case is assigned to U.S. District Judge Katherine Polk Failla. According to the Indictment, on or about November 10, 2008, Najibullah and his co-conspirators, armed with machine guns, kidnapped an American journalist (Victim-1) and two Afghan nationals who were assisting Victim-1 (Victim-2 and Victim-3) at gunpoint in Afghanistan.
Approximately five days later, on or about Nov. 15, 2008, Najibullah and his co-conspirators forced the three hostages to hike across the border from Afghanistan to Pakistan, where Najibullah and his co-conspirators detained the hostages. For the next seven months, Najibullah and his co-conspirators held the hostages captive in Pakistan.
Source: https://www.justice.gov/opa/pr/afghan-national-arrested-2008-abduction-american-journalist
V. Bronx Man Charged in Connection with Arson Of An NYPD Vehicle In Manhattan
On October 29, 2020, Audrey Strauss, the Acting U.S. Attorney for the Southern District of New York, along with John B. DeVito, the Special Agent-in-Charge of the New York Field Division of the ATF; Dermot Shea, NYPD Commissioner; and Daniel A. Nigro, FDNY Commissioner, announced the arrest of Shawn Jenkins in connection with his attempted arson of police vehicles in the Bronx, New York.
Jenkins was arrested on October 28, 2020 and was presented in Manhattan federal court before U.S. Magistrate Ona T. Wang on October 29, 2020. According to the allegations in the Complaint, on June 1, 2020, at approximately 11:30 p.m., Jenkins approached two NYPD vehicles located in front of the NYPD 42nd Precinct in the Bronx, New York. Jenkins threw a glass bottle containing a wick that was lit with a gas accelerant at the NYPD vehicles.
The incendiary device hit the ground short of its intended target and spread a fire, damaging an adjoining vehicle, which is privately owned by an NYPD officer. Jenkins, 33, of the Bronx is charged with one count of attempted arson, which means he faces at least five years and up to 20 years in prison.
Source: https://www.justice.gov/usao-sdny/pr/bronx-man-charged-connection-arson-nypd-vehicle-manhattan
VI. Jamestown Felon Arrested On Gun Charge After Traffic Stop
On October 29, 2020, the U.S. Attorney for the Western District of New York James P. Kennedy, Jr. announced that Walter S. Duprey a/k/a Spoons a/k/a Waldo, 36, of Jamestown, NY, was arrested and charged by criminal complaint with being a felon in possession of ammunition. If convicted, the charge carries up to 10 years in prison and a $250,000 fine.
According to the complaint, on April 30, 2020, the defendant and two other individuals in a vehicle were pulled over by Jamestown Police Officers. During the traffic stop, it was determined that the license plates on the vehicle actually belonged to another vehicle. In addition, officers observed three hypodermic needles in the driver side door panel in plain view.
After stepping out of the vehicle at the request of officers, Duprey was patted down for weapons. Officers retrieved a green leafy substance from the defendant’s pocket, along with a 12-gauge shotgun shell. A search of the vehicle recovered a 12-gauge shotgun, ammunition, several digital scales, a red ski mask, a quantity of heroin, several cell phones, two laptop computers, an iPad, a bag containing flashlights, a paintball mask, and black dct tape.
As a result, officers believed that the defendant and the two other individuals either had conducted an armed home invasion or were about to conduct an armed home invasion. Duprey was previously convicted of felony charges in 2005, 2006, and 2012 in Dunkirk City Court, and as a result is legally prohibited from possessing ammunition.
Source: https://www.justice.gov/usao-wdny/pr/jamestown-felon-arrested-gun-charge-after-traffic-stop
VII. Disbarred Attorney Admits Stealing 9/11 Victim Compensation Funds
On October 29, 2020, the U.S. Attorney for the Western District of New York James P. Kennedy, Jr. announced that Walter S. Duprey a/k/a Spoons a/k/a Waldo, 36, of Jamestown, NY, was arrested and charged by criminal complaint with being a felon in possession of ammunition. If convicted, the charge carries up to 10 years in prison and a $250,000 fine.
According to the complaint, on April 30, 2020, the defendant and two other individuals in a vehicle were pulled over by Jamestown Police Officers. During the traffic stop, it was determined that the license plates on the vehicle actually belonged to another vehicle. In addition, officers observed three hypodermic needles in the driver side door panel in plain view.
After stepping out of the vehicle at the request of officers, Duprey was patted down for weapons. Officers retrieved a green leafy substance from the defendant’s pocket, along with a 12-gauge shotgun shell. A search of the vehicle recovered a 12-gauge shotgun, ammunition, several digital scales, a red ski mask, a quantity of heroin, several cell phones, two laptop computers, an iPad, a bag containing flashlights, a paintball mask, and black dct tape.
As a result, officers believed that the defendant and the two other individuals either had conducted an armed home invasion or were about to conduct an armed home invasion. Duprey was previously convicted of felony charges in 2005, 2006, and 2012 in Dunkirk City Court, and as a result is legally prohibited from possessing ammunition.
VIII. 19 Charged in Manhattan For Multimillion-Dollar Fraud Scheme
On October 29, 2020, Audrey Strauss, the Acting United States Attorney for the Southern District of New York, along with several law enforcement officials, announced the unsealing of a criminal Indictment and Complaint charging 19 defendants with conspiracy to steal government funds, conspiracy to commit bank fraud, and aggravated identity theft. Twelve defendants were arrested that day and the day before in the Southern and Western Districts of New York and Northern District of Georgia, and were to be presented yesterday and today in those districts’ federal courts. Seven defendants remain at large.
Strauss said, “As alleged, these defendants engaged in schemes to steal millions of dollars by cashing fraudulent checks and stolen postal money orders, falsifying their identities, and taking advantage of multiple national financial institutions. They must be held accountable for their brazen conduct.”
According to the allegations contained in the Indictment and Complaint, from January 2019 up to and including the present, defendants Ahmad Akbar, a/k/a “Meech,” Tyrell Beecher, a/k/a “Shae,” Christopher Bovain, a/k/a “Cleko,” Winnis Brito, a/k/a “Flaco,” Darnell Green, a/k/a “Nellz,” Dominique Green, a/k/a “Domo,” Maurice Hargrow, a/k/a “Moe Tally,” Charles Hewitt, a/k/a “Young Cee,” Kevin Lewis, a/k/a “Mula,” Jama Mohamoud, a/k/a “JFK Jay,” Javian Moore, a/k/a “Julio,” Jordan Russelll, a/k/a “J Rozay,” Devon Smith, George Thompson. Louis Williams, Isaiah Wise Fordham, a/k/a “ZayBands,” and Jahnico Harvey, conspired to defraud the United States by cashing postal money orders that had been stolen from post offices in Manhattan, the Bronx, Brooklyn, Queens, Long Island, New Jersey, and Arkansas.
The postal money orders cashed by the members of the conspiracy originated from 18 post offices. In total, more than 15,000 postal money orders have been stolen from those 18 post offices. At a face value of up to $1,000 per postal money order, the theft results in a potential loss to the USPS of up to $15 million.
Friday, October 23, 2020
I. Ten Charged in $50 Million Russian Smuggling Scheme
On October 19, 2020, an indictment and a complaint were unsealed in Brooklyn federal court variously charging 10 defendants with transportation of stolen property, failure to file export information, illegal exportation of electronic devices and conspiracy to commit these offenses. The defendants allegedly participated in the illegal smuggling of electronic devices, particularly Apple products, from the United States to Russia using couriers, many of whom were current and former employees of Aeroflot Airlines.
Akmal Asadov, Sayuz Daibagya, Anton Perevoznikov, Shohruh Saidov, Marat Shadkhin, Kirill Sokhonchuk and Zokir Iskanderov were arrested and arraigned via teleconference October 19, 2020 before United States Magistrate Judge Vera M. Scanlon. Azamat Bobomurodov was arrested in the Northern District of Illinois and was arraigned in that district later that same day. Two additional defendants are fugitives.
Source: https://www.justice.gov/usao-edny/pr/ten-individuals-charged-50-million-russian-smuggling-scheme
II. Schenectady Woman Charged with Supplemental Security Income Fraud
Jenelle L. Plumadore, 39, of Schenectady, New York, was arraigned last week on an indictment charging her with concealing her assets and resources, and making false statements, in connection with obtaining Supplemental Security Income (SSI) benefits for her and a relative. The announcement was made by Acting U.S. Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.
The indictment alleges that Plumadore failed to disclose her assets and resources to the SSA from March through September 2016, and that as a result she and a relative in her care were able to receive SSI benefit payments to which they were not entitled. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses.
Plumadore was arraigned on October 14 in Albany before United States Magistrate Judge Christian F. Hummel and ordered released pending trial. If convicted, Plumadore faces up to 5 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.
Source: https://www.justice.gov/usao-ndny/pr/schenectady-woman-charged-supplemental-security-income-fraud
III. 36 Associates of the Bully Gang Charged with Narcotics Conspiracy, Firearms Offenses and Money Laundering
On October 21, 2020, a 21-count superseding indictment was unsealed in federal court in Brooklyn charging 36 defendants—including members, associates and co-conspirators of the New York City-based street gang known as the “Bully Gang”—with conspiring to distribute drugs, firearms trafficking and money laundering, among other crimes. Twelve defendants were arrested today in the New York area and will be arraigned today before United States Magistrate Judge Lois Bloom.
Four defendants were arraigned that afternoon in the District of Maine, and one each in the Northern District of New York and the Northern District of Georgia. Three defendants were in custody in Maine and will be arraigned at a later date. Several members of the conspiracy were previously arrested and charged in June 2020. Two defendants are expected to report to Brooklyn for arraignment next week, and three additional defendants remain at large.
The announcement of the charges was made by Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, John B. DeVito, Special Agent-in-Charge, ATF’s New York office, and Dermot F. Shea, NYPD Commissioner. According to the superseding indictment and other court filings, the defendants were members of a drug trafficking conspiracy responsible for trafficking large quantities of cocaine base (“crack”), heroin and fentanyl throughout the region from New York to Maine and elsewhere.
IV. Cheektowaga Man Arrested, Charged With Possessing Child Pornography, Growing Marijuana, And Illegally Possessing Guns
On October 21, 2020, the U.S. Attorney for the Western District of New York, James P. Kennedy, Jr. announced that John Stuart, 32, of Cheektowaga, NY, was arrested and charged by complaint with possession of child pornography, possession of a firearm by an unlawful user of a controlled substance, and manufacturing of marijuana plants. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
According to the complaint, on October 19, 2020, members of the FBI Buffalo Child Exploitation Task Force, and the Cheektowaga Police Department executed a search warrant at a residence in Cheektowaga, looking for evidence of the possession of child pornography. During the search, investigators seized two laptop computers, a cellphone, two hard drives, and a desktop computer tower from the residence. During the search, investigators also discovered a bedroom that was transformed into a marijuana growing operation.
The room consisted of a tent housing approximately five mature marijuana plants, and four smaller plants, being grown hydroponically. Approximately one pound of dried marijuana ready for use, approximately six pounds of wet marijuana, and a quantity of psilocybin mushrooms were also seized. Three firearms, including one loaded with nine rounds of ammunition, were also found in the residence.
V. Former Century 21 Employee Charged with Computer Tampering, Larceny for Breach of Company Data
On October 21, 2020, Manhattan District Attorney Cy Vance, Jr., announced the indictment of Hector Navarro, 30, a former Human Resources systems administrator at Century 21’s Manhattan department store, for breaching the company’s network to steal and alter data. Navarro is charged in a New York Supreme Court indictment with Attempted Grand Larceny in the Second Degree, Computer Tampering in the Third Degree, Computer Trespass, and Petit Larceny, among other charges.
According to the indictment and statements made on the record in court, beginning in 2012, Navarro worked as a systems administrator and manager in Century 21’s Human Resources Systems and Administration, where he had access to the company’s data management and timekeeping system. In October 2019, Navarro resigned from the company. Prior to his last day, he stole employee data from the company and created an unauthorized “superuser” account on the company’s network – which allowed him access to the network after his resignation.
VI. Goldman Sachs Charged in Foreign Bribery Case, Agrees to Pay Over $2.9 Billion
The Goldman Sachs Group Inc. (Goldman Sachs or the Company), a global financial institution headquartered in New York City, and Goldman Sachs (Malaysia) Sdn. Bhd. (GS Malaysia), its Malaysian subsidiary, have admitted to conspiring to violate the Foreign Corrupt Practices Act (FCPA) in connection with a scheme to pay over $1 billion in bribes to Malaysian and Abu Dhabi officials to obtain lucrative business for Goldman Sachs, including its role in underwriting approximately $6.5 billion in three bond deals for 1Malaysia Development Bhd. (1MDB), for which the bank earned hundreds of millions in fees.
Goldman Sachs will pay more than $2.9 billion as part of a coordinated resolution with criminal and civil authorities in the United States, the United Kingdom, Singapore, and elsewhere. Goldman Sachs entered into a deferred prosecution agreement with the department in connection with a criminal information filed today in the Eastern District of New York charging the Company with conspiracy to violate the anti-bribery provisions of the FCPA.
GS Malaysia pleaded guilty in the U.S. District Court for the Eastern District of New York to a one-count criminal information charging it with conspiracy to violate the anti-bribery provisions of the FCPA.
Friday, October 16, 2020
I. Mexican Citizen Arrested for Smuggling
On October 3, 2020, Rey David Jimenez-Lopez, 20, a citizen of Mexico, was arrested and charged by criminal complaint with alien smuggling in connection with a failed smuggling event. The announcement was made on October 10, 2020, by Acting U.S. Attorney for the Northern District of New York Antoinette T. Bacon and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
The criminal complaint alleges that Jimenez-Lopez was arrested while transporting six illegal aliens, five of whom had illegally crossed into the United States through the woods near Churubusco, New York. Border Patrol Agents from the Burke Station stopped the vehicle that was being operated by Jimenez-Lopez and detained the occupants. Jimenez-Lopez appeared before United Magistrate Judge Gary L. Favro on October 6 and was detained. If convicted, Jimenez-Lopez faces up to 5 years in prison.
Source: https://www.justice.gov/usao-ndny/pr/mexican-citizen-arrested-smuggling
II. Dominican Republic Official Extradited to the United States to Face Narcotics Trafficking Charges
Yamil Abreu Navarro was arraigned on October 9, 2020, before United States Magistrate Judge Vera M. Scanlon at the federal courthouse in Brooklyn on an indictment charging him with international heroin distribution. Abreu Navarro was arrested in the Dominican Republic on an extradition arrest warrant based on an indictment and extradition request from the Eastern District of New York.
Abreu Navarro was extradited to the United States the day before. Seth D. DuCharme, Acting U.S. Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge of the DEA’s New York Division, Dermot F. Shea, Commissioner, NYPD, and Keith M. Corlett, Superintendent, NYSP, announced the extradition and charges.
According to DuCharme, “As alleged in the indictment, Abreu Narvarro betrayed his elected office and the people he represented in the Dominican Republic by directing an international drug trafficking enterprise that imported kilogram quantities of heroin into the United States. The United States will continue to work with its international partners to dismantle such organizations and prosecute its members regardless of their rank or official status.”
Mr. DuCharme extended his grateful appreciation to the DEA’s offices in Santo Domingo, the U.S. Marshals Service, the Department of State, the Department of Justice’s Office of International Affairs, and the Government of the Dominican Republic.
III. Newburgh Man Charged With Drug Trafficking And Firearms Offenses
Audrey Strauss, the Acting U.S. Attorney for the Southern District of New York, along with William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the FBI, and Arnold Amthor, Chief of the City of Newburgh Police Department, announced on October 13, 2020 that Alberto Rivera, a Newburgh resident, had been arrested and charged with possession with intent to distribute narcotics, possessing a firearm during and in relation to a drug trafficking crime, and being a felon in possession of a firearm.
The charges were in connection with an incident that occurred in the City of Newburgh on October 1, 2020. Rivera appeared before U.S. Magistrate Judge Paul E. Davison in White Plains federal court later that day. According to the allegations contained in the Complaint, on October 1, 2020, around 1:24 p.m., a City of Newburgh detective, who was familiar with Rivera and who knew a warrant had been issued for Rivera for absconding on parole, spotted Rivera riding a bicycle on Broadway in the City of Newburgh.
When the detective stopped his vehicle in Rivera’s path, Rivera fled the scene, tossing a backpack containing a firearm and large quantity of narcotics as he ran from the detective. The detective gave chase and apprehended Rivera in the backyard of a nearby pizzeria. Detectives recovered the backpack from the same backyard.
Source: https://www.justice.gov/usao-sdny/pr/newburgh-man-charged-drug-trafficking-and-firearms-offenses
IV. Amy Cooper Charged in Criminal Court for False Report in Central Park
Manhattan District Attorney Cy Vance, Jr. today filed charges against Amy Cooper, 41, in New York County Criminal Court. Cooper is charged with Falsely Reporting an Incident in the Third Degree, a misdemeanor, for falsely reporting an assault in the Central Park Ramble on May 25, 2020.
As alleged in the Complaint and as stated on the record in court by Executive Assistant D.A. Joan Illuzzi, Ms. Cooper called 911 and told a NYPD dispatcher that a Black male was threatening her inside the Central Park Ramble. In a previously unreported second phone call, Ms. Cooper repeated the accusation and added that the man “tried to assault her.” When responding officers arrived, Ms. Cooper admitted that the male had not “tried to assault” or come into contact with her.
V. Leader of 18th Street Gang Arrested for Murder and Racketeering Conspiracy
A superseding indictment was unsealed on October 15, 2020 in Brooklyn federal court against Walter Fernando Alfaro Pineda, a/k/a “Clever,” a Houston-based national leader of the 18th Street gang. The superseding indictment, which was unsealed as to 11 co-defendants in March 2020, charges Alfaro with racketeering conspiracy, conspiracy to commit murder and murder in-aid-of racketeering for criminal activity between September 2016 and February 2018.
Alfaro was arrested October 15 by federal agents in Houston, Texas, and the government will seek his removal to the Eastern District of New York. Seth D. DuCharme, Acting U.S. Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge of the FBI’s New York Field Office, announced the arrest and charges. As alleged in the superseding indictment and detailed in other court filings, Alfaro allegedly authorized the murder of Jonathan Figueroa in October 2017.
Alfaro’s order to New York-based 18th Street members set a series of events into action to effectuate the brutal murder of Figueroa. On the night of October 24, 2017, Figueroa was lured by another 18th Street member to travel with him by bus from New York City to Kingston, New York. When they arrived in Kingston, the victim met other 18th Street members and hiked into Turkey Point State Forest, a 140-acre wooded park and swamp bordering the western bank of the Hudson River in Ulster County, New York.
There, Figueroa was stabbed more than 100 times. After the murder, 18th Street members buried him in a make-shift grave in the forest. One gang member recorded the killing to disseminate among other 18th Street members as a warning to those who considered disrespecting the gang.
VI. More Members Of 59 Brims Gang Charged with Narcotics, Racketeering, Firearms Offenses
A superseding indictment was unsealed on October 15, 2020 in Brooklyn federal court against Walter Fernando Alfaro Pineda, a/k/a “Clever,” a Houston-based national leader of the 18th Street gang. The superseding indictment, which was unsealed as to 11 co-defendants in March 2020, charges Alfaro with racketeering conspiracy, conspiracy to commit murder and murder in-aid-of racketeering for criminal activity between September 2016 and February 2018.
Alfaro was arrested October 15 by federal agents in Houston, Texas, and the government will seek his removal to the Eastern District of New York. Seth D. DuCharme, Acting U.S. Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge of the FBI’s New York Field Office, announced the arrest and charges. As alleged in the superseding indictment and detailed in other court filings, Alfaro allegedly authorized the murder of Jonathan Figueroa in October 2017.
Alfaro’s order to New York-based 18th Street members set a series of events into action to effectuate the brutal murder of Figueroa. On the night of October 24, 2017, Figueroa was lured by another 18th Street member to travel with him by bus from New York City to Kingston, New York. When they arrived in Kingston, the victim met other 18th Street members and hiked into Turkey Point State Forest, a 140-acre wooded park and swamp bordering the western bank of the Hudson River in Ulster County, New York.
There, Figueroa was stabbed more than 100 times. After the murder, 18th Street members buried him in a make-shift grave in the forest. One gang member recorded the killing to disseminate among other 18th Street members as a warning to those who considered disrespecting the gang.
Friday, October 02, 2020
I. Correctional Officer Who Demanded Bribe in The Form of Sex from A Female Prison Visitor Charged
On September 28, 2020, Audrey Strauss, the Acting U.S. Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director in Charge of the FBI’s New York Field Office, announced the unsealing of an indictment charging Robert Adams with bribery and blackmail. Adams was arrested the same day and was presented before U.S. Magistrate Judge Robert W. Lehrburger. The case is assigned to U.S. District Judge Paul G. Gardephe.
According to the allegations contained in the Indictment, Adams is a correctional officer employed by the United States Bureau of Prisons (BOP) at the Metropolitan Correctional Center (MCC), a federal prison located in New York City. Between June 2019 and August 2019, Adams was, among other responsibilities, assigned to work in the visit area of the MCC. Among his official responsibilities in that capacity, Adams was required to conduct searches, deny entry, detain visitors, and make reports when, among other things, he believed a visitor was smuggling contraband into the MCC.
Adams allegedly abused his official position as a correctional officer by blackmailing and corruptly demanding that a visitor, whom he had caught smuggling contraband into the MCC (Visitor-1”), engage in sexual acts with him, or else be arrested and denied future entry to the MCC. Specifically, on or about July 5, 2019, while working as a correctional officer in the MCC’s visit area, Adams escorted an inmate away from a visit with Visitor-1, who was still in the visit area.
After discovering that the inmate was carrying contraband, Adams confronted Visitor-1 and told her that he had caught the inmate with contraband she had provided to him. Adams further told Visitor-1 that she would be in trouble unless she met him at a nearby pizzeria, so she left the MCC – without being reported or arrested for smuggling contraband – and walked to the nearby pizzeria. Soon after, Adams met Visitor-1 there, where he requested that Vistor-1 travel with him to a motel to have sex.
Adams conveyed to Visitor-1 that, unless she had sex with him, she would be prohibited from visiting the MCC and would be arrested. After arriving at the motel, Adams and Visitor-1 had sex. Visitor-1 did not want to have sex with Adams but agreed to it in exchange for not being reported to law enforcement or having her visiting privileges at the MCC revoked.
II. New Rochelle Man Charged with Attempted Murder of FBI Task Force Officer During Shooting In Yonkers
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the FBI’s New York Office, and John J. Mueller, Commissioner of the Yonkers Police Department, announced charges on September 28, 2020 against Darren Smith for attempting to murder a federal law enforcement officer. The defendant was presented in White Plains federal court later that day before Chief United States Magistrate Judge Paul E. Davison.
As alleged in the Complaint, on September 25, 2020, after law enforcement officers attempted to stop Smith’s car, he fled on foot with a handgun. As officers, including a FBI Task Force Officer, attempted to arrest him, Smith fired his handgun into Getty Square in Yonkers. As the FBI Task Force Officer attempted to control Smith’s hand to prevent him firing again, Smith struggled to turn the gun in the Task Force Officer’s direction and continued to fire. In the course of the struggle, the Task Force Officer fractured his finger, sprained his knee, and suffered several abrasions to his right hand.
Smith, 24, of New Rochelle, New York, is charged with one count of attempting to murder a federal officer, one count of using a deadly weapon to interfere with the performance of a federal officer’s official duties. If convicted, Smith faces at least 10 years, and much more, as the charge of discharging a firearm in the course of a crime of violence, carries at least 10 years and up to life in prison and must run consecutive to any other sentence imposed.
III. California Man Charged with Transporting Large Quantity of Fentanyl
On September 29, 2020, Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Raymond P. Donovan, Special Agent in Charge of the New York Division of the DEA, announced that Richard Mendoza, 50, of Desert Hot Springs, California, was charged in an indictment with conspiring to distribute fentanyl on behalf of a drug trafficking organization.
Mendoza was charged by complaint and arrested in Arizona on September 23, 2020, after law enforcement found approximately nine kilograms of fentanyl packaged and hidden inside of the exhaust system of the vehicle that Mendoza was driving. Mendoza will be presented and arraigned at a later date upon his arrival in this district.
According to the allegations in the Complaint and Indictment, beginning in or about June 2020, law enforcement identified Richard Mendoza as an individual who was working to coordinate shipments of fentanyl to New York on behalf of a drug trafficking organization. On or about September 16, 2020, law enforcement intercepted phone calls on which Mendoza was preparing to receive a truck that had been pre-loaded with narcotics by other members of the drug trafficking organization.
On or about September 17, 2020, Mendoza was the driver and sole occupant of a truck that was ultimately stopped and searched by law enforcement. During the search, law enforcement found approximately nine kilograms of fentanyl that were packaged and hidden inside the vehicle’s exhaust system. Mendoza is charged with one count of conspiring to distribute fentanyl and faces at least 10 years and up to life in prison.
Source: https://www.justice.gov/usao-sdny/pr/california-man-charged-transporting-large-quantity-fentanyl
IV. Former Officers of Temp Staffing Company Charged with Scheme to Defraud Bank, Investors
On September 30, 2020, Audrey Strauss, the Acting U.S. Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the FBI’s New York Office, announced the unsealing of an Indictment in Manhattan federal court charging Louis Lluberes, a/k/a “Luis Lluberes,” Moises Lluberes, Maria Aguilar, a/k/a “Maria Hewitt,” and Maria Lopez with conspiracy to commit wire and bank fraud, wire fraud, bank fraud, and conspiracy to commit money laundering stemming from their years-long scheme to fraudulently boost the revenues of their temporary staffing company (Company-1) and launder funds through a series of shell companies before mischaracterizing the money as collections from customers.
According to the indictment, the scheme allowed Company-1 to fraudulently obtain more than $500 million on its line of credit from a U.S. bank (Bank-1) and supported the sale of Company-1 to a group of investors (the “Investor Group”) at a grossly inflated price. Louis Lluberes, Moises Lluberes, Maria Aguilar, and Maria Lopez were arrested that morning in the Middle District of Florida and were presented that afternoon in that district. The case is assigned to U.S. District Judge Vernon S. Broderick.
The Indictment alleges that Louis Lluberes founded Company-1 in 1995 and served as Company-1’s chief executive officer until March 2020. Company-1 served as a staffing company, supplying other businesses with temporary and permanent labor. Moises Lluberes, Louis Lluberes’s brother, served as Company-1’s chief financial officer. Maria Aguilar, who was Moises Lluberes’s romantic partner, and Lopez, who was Louis Lluberes’s daughter, served in Company-1’s accounting department. Company-1 had established a revolving line of credit with Bank-1.
Under the terms of the line of credit, Company-1 could only borrow up to a designated ratio of Company-1’s eligible accounts receivable (the Borrowing Base). By its terms, invoices that had gone more than 90 or 120 days without being paid were no longer eligible to be considered as part of Company-1’s Borrowing Base. Beginning in or about 2017, after losing significant business from major clients, the defendants began creating fraudulent invoices (the Fictitious Receivables). The Fictitious Receivables, which were recorded on Company-1’s books, created the appearance that Company-1 was engaged in more business and would be receiving more client payments than was the reality.
All told, the defendants created more than 2,000 Fictitious Receivables. Lopez was responsible for recording the vast majority of Fictitious Receivables onto Company-1’s books. By inflating Company-1’s Borrowing Base through the creation of Fictitious Receivables, Company-1 and the defendants were able to borrow more than $520 million from Bank-1, while Company-1 was not actually entitled to borrow these funds.
V. Charges Filed in Brooklyn as Part of National Health Care Fraud Takedown
Fifteen individuals, including two doctors, two licensed physical therapists, a licensed clinical social worker, a pharmacist and four pharmacy owners and operators, have been charged for their participation in schemes that fraudulently billed the Medicare and Medicaid programs for more than $15 million. The charges filed in federal court in Brooklyn, New York are part of a nationwide health care fraud takedown led by the Medicare Fraud Strike Force, which resulted in criminal charges against more than 300 individuals for their alleged participation in health care fraud schemes involving approximately $6 billion in fraudulent claims.
The charges were announced on September 30, 2020 by Seth D. DuCharme, Acting U.S. Attorney for the Eastern District of New York; Brian C. Rabbitt, Acting Assistant Attorney General of the Justice Department’s Criminal Division; William F. Sweeney, Jr., Assistant Director-in-Charge of the FBI’s New York Field Office and other law enforcement officials.
As alleged in the charging documents, the defendants took advantage of programs established for the benefit of those less fortunate, illegally profiting by ripping off the rest of the law abiding public. Schemes charged in the Eastern District of New York, detailed in three indictments, five complaints and three criminal information, include charges that Dr. Delmacio Francisco and Michael Othman engaged in oxycodone distribution.
In addition, the charges include those against Anand Kalepu, a medical doctor, who was charged with conspiracy to commit health care fraud. The charges stem from Dr. Kalepu’s work with a telemedicine company through which he allegedly caused the submission of false and fraudulent claims for durable medical equipment (DME) to Medicare.
Between 2018 and 2019 the amount billed to Medicare for Dr. Kalepu’s DME prescriptions was in excess of $1.3 million. Dr. Kalepu pleaded guilty to the information before United States District Judge Ann M. Donnelly at the Brooklyn federal courthouse, and the guilty plea was unsealed on September 30, 2020. The case is being prosecuted by Trial Attorney Miriam Glaser Dauermann of the Criminal Division’s Fraud Section.
VI. Union Officials Charged with Racketeering, Fraud, And Bribery Offenses
On October 1, 2020, Ilan Graff, the U.S. Attorney for the Southern District of New York, and Timothy D. Sini, Suffolk County District Attorney, announced the return of an indictment charging James Cahill, Christopher Kraft, Patrick Hill, Matthew Norton, William Brian Wangerman, Kevin McCarron, Jeremy Sheeran, a/k/a “Max,” Andrew McKeon, and Robert Egan with racketeering, fraud, and bribery offenses, in connection with their acceptance of payments in their roles as current and former union officials to corruptly influence labor-management relations in the construction industry.
In addition, Scott Roche and Arthur Gipson are charged with fraud and bribery offenses. The defendants are current and former union officials. As alleged, since in or around October 2018, the defendants agreed to accept dozens of bribes, totaling over $100,000, in exchange for which they used their authority to corruptly influence the construction industry at the expense of labor unions and their members.
All defendants were arrested either the day before or earlier that day and appeared before U.S. Magistrate Judge Robert W. Lehrburger. The case is assigned to Chief United States District Judge Colleen McMahon.
VII. Founders, Execs of Cryptocurrency Derivatives Exchange Charged with Bank Secrecy Act Violations
On October 1, 2020, Audrey Strauss, the Acting U.S. Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the FBI’s New York Field Office, announced the indictment of Arthur Hayes, Benjamin Delo, Samuel Reed, and Gregory Dwyer, charging the four with violating the Bank Secrecy Act and conspiring to violate the Bank Secrecy Act, by willfully failing to establish, implement, and maintain an adequate anti-money laundering (AML) program at the Bitcoin Mercantile Exchange or “BitMEX.”
The case is assigned to United States District Judge John G. Koeltl. Reed was arrested in Massachusetts that day and will be presented in federal court there. Hayes, Delo, and Dwyer remain at large. According to the allegations in the indictment, Hayes, Delo, and Reed founded BitMEX in or about 2014. Dwyer became BitMEX’s first employee in 2015 and later its head of business development.
BitMEX, which has long serviced and solicited business from U.S. traders, was required to register with the Commodity Futures Trading Commission (CFTC) and to establish and maintain an adequate AML program. AML programs ensure that financial institutions, such as BitMEX, are not used for illicit purposes, including money laundering. Despite those obligations, Hayes, Del, Reed, and Dwyer knew by no later than in or about September 2015 that, because BitMEX served U.S. customers, it was required to implement an AML program that included a “know your customer” or “KYC” component, but chose to flout those requirements.
VIII. White Plains Financial Adviser Arrested for Embezzlement
On October 29, 2020, Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced that Gustavo L Vila, a disbarred lawyer in Westchester County, pled guilty in White Plains federal court to stealing government funds. Vila’s plea results from his theft of approximately $1 million that the Department of Justice’s 9/11 Victim Compensation Fund (VCF) had awarded to a client, a 9/11 first responder. Vila was arrested on September 3, 2020 and pled guilty on October 29 before U.S. District Judge Vincent L. Briccetti.
According to the Complaint and other statements made in open court, in the wake of the September 11 terrorist attacks, Congress created the VCF to provide compensation to any individual who suffered physical harm or was killed as a result of the terrorist attacks, or as a result of the debris removal efforts that took place in the immediate aftermath of those attacks. The original VCF operated from 2001 to 2004. President Obama and President Trump reactivated the VCF, authorizing it to operate through October 2016, and December 2020, respectively.
Claimants seeking compensation from the VCF were authorized to work with an attorney and have the attorney, on the claimant’s behalf, submit a claim to, and receive the claimant’s award from, the VCF. Attorney’s fees were limited to 10% of a VCF award. Despite that, on or about October 12, 2016, the VCF deposited the full amount of Victim-1’s award – over $1 million – into a Bank Account created by Vila, which Vila was required to distribute to Victim-1, less 10 percent for his purported attorney’s fees.
Vila, however, did not inform Victim-1 about this deposit, and kept more than 90% percent for himself, and used it for his own personal benefit, including to pay his own taxes.
Source: https://www.justice.gov/usao-sdny/pr/white-plains-financial-adviser-arrested-embezzlement
