Eastern District of New York

Michael Wustrow, the former musical director at St. Agnes Cathedral in Rockville Centre, New York, pleaded guilty today in federal court in Central Islip to receipt of child pornography.  The proceeding was held before United States Magistrate Judge Gary R. Brown.  When sentenced, Wustrow faces up to 20 years’ imprisonment.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

“The Eastern District will continue to bring to justice those like Wustrow who contribute to the victimization of innocent children,” stated United States Attorney Richard P. Donoghue.

On September 11, 2017, Wustrow was found to be in possession of multiple images of children engaged in sexually explicit conduct on his cell phone.  Among these images was a picture of a toddler being abused by an adult male, which Wustrow received from the messaging app, Kik.  Through the messaging app, Wustrow also claimed to have had sexual contact with with an underage teenage boy and stated that he wanted to sexually abuse a 12- or 13-year-old boy. Wustrow has been incarcerated since his arrest on February 20, 2019.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorney Oren Gleich is in charge of the prosecution.

The Defendant:

MICHAEL WUSTROW
Age:  56
Freeport, New York

E.D.N.Y. Docket No. 19-CR-87 (SJF)

Earlier today, at the federal courthouse in Central Islip, Josue Portillo, a member of the Leeward Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, was sentenced by United States Circuit Judge Joseph F. Bianco to 55 years’ imprisonment, following his guilty plea to racketeering charges for his participation in the April 11, 2017 murders of Justin Llivicura, Michael Lopez, Jorge Tigre and Jefferson Villalobos.  Upon completion of his sentence, Portillo, an illegal alien from El Salvador, faces deportation from the United States.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.

“Portillo and his co-defendants slaughtered four young men on behalf of the MS-13,” stated United States Attorney Donoghue.  “Nothing can bring back the young lives lost, and no sentence imposed by a court can truly bring justice in this situation, but the Eastern District and our partners in the FBI’s Long Island Gang Task Force will continue to work relentlessly to eliminate the scourge of MS-13 violence.”

“MS-13 and the actions of the gang members in this case defy comprehension.  These are teenagers who think human life is some sort of game, viciously murdering other teenagers because they were disrespected,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI Long Island Gang Task Force is working closely with our law enforcement partners and the community to prevent more attacks and murders from happening. We encourage anyone who may know something about MS-13 members to call us so we can stop the violence before it takes place.”

“The murders of four people during a single incident shows how vicious MS-13 members are,” said SCPD Commissioner Hart. “The department will continue its partnership with the Long Island Gang Task Force to ensure gang violence ceases as we remain steadfast in our commitment to dismantle this transnational gang.”

“The arrest and sentencing of defendant Josue Portillo is a clear example of numerous dedicated law enforcement agencies and their investigators working cohesively to bring the individuals responsible for these vicious and brutal murders to justice,” stated NCPD Commissioner Ryder.  “All law enforcement must stand together with a zero tolerance approach to eliminate the threat of illegal gangs, their violence against communities and the people who reside in them.”   

On the evening of April 11, 2017, two female associates of the MS-13 lured five young men, including the four victims, to a community park in Central Islip at the direction of Portillo and other MS-13 members.  The men were believed to be members of a rival gang who had offended the MS-13.  Portillo and numerous other MS-13 members and associates met in the park where they distributed weapons and discussed the plan to kill the victims.  When the female MS-13 associates led the men to a wooded area, Portillo and the other MS-13 members and associates killed Llivicura, Lopez, Tigre and Villalobos, using machetes, knives, wooden clubs and an ax.  The fifth intended victim escaped.  The victims’ bodies were discovered the following evening.

Portillo was under 16 years of age at the time of the murders, and was initially charged by a juvenile information.  Thereafter, the government filed a motion to transfer him to adult status for prosecution.  Following an evidentiary hearing, the Court granted the government’s transfer motion, and ordered that Portillo be prosecuted as an adult.  In August 2018, Portillo waived indictment and pleaded guilty.

Today’s sentence is the latest result of a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization.  The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America.  With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in this district.  A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in this district, and has convicted dozens of MS-13 leaders and members in connection with those murders.  These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Office, Rockville Centre Police Department, New York State Police, and Bureau of Alcohol, Tobacco, Firearms and Explosives.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys John J. Durham, Paul G. Scotti, Justina L. Geraci and Michael T. Keilty are in charge of the prosecution.

The Defendant:

JOSUE PORTILLO (also known as “Sparky” and “Curioso”)
Age:  18
Central Islip, New York

E.D.N.Y. Docket No. 17-CR-366 (S-1)(JFB)

Earlier today, in federal court in Brooklyn, Mark Weissman, an attorney licensed to practice in the State of New York since 1989, pleaded guilty to conspiring to obstruct an official proceeding.  Specifically, Weissman engaged in a scheme to impede the enforcement of another individual’s obligation to pay millions of dollars in court-ordered restitution to victims in an unrelated securities fraud case.  When sentenced, Weissman faces up to 20 years in prison and a fine in an amount to be determined by the court.  The guilty plea was entered before United States District Court Chief Judge Dora L. Irizarry.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.

“With today’s guilty plea, Weissman has been held responsible for attempting to impede the execution of a restitution judgment that was to be paid to victims of a massive fraud,” stated United States Attorney Donoghue.  “This Office will vigorously prosecute corrupt attorneys who assist in violations of the law.”  Mr. Donoghue thanked the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation for their assistance with the investigation.

According to Court filings, in 2011 and 2012, two individuals (Individual A and Individual B) pleaded guilty in federal court in Brooklyn to securities fraud, conspiracy to commit securities fraud, and money laundering conspiracy.  At their sentencing proceedings in 2014, they were ordered to pay approximately $12.7 million in restitution to the victims of their securities fraud scheme.  Thereafter, in February 2017, Weissman advised Individual A that incriminating information about him would be provided to law enforcement, unless he paid $6 million to Individual B.  At his guilty plea proceeding today, Weissman admitted that he believed this payment would impede the enforcement of the restitution judgment against Individual B.  

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorney Nathan Reilly is in charge of the prosecution.

The Defendant:

MARK WEISSMAN (also known as “Meyer Weissman”)
Age:  55
Lawrence, New York

E.D.N.Y. Docket No. 18-CR-524 (DLI)

Earlier today, in federal court in Central Islip, Joseph Falcone, who formerly operated a wine and liquor distribution business known as 3G’S VINO LLC (3G’S), pleaded guilty to wire fraud for his scheme to solicit investors.  When sentenced, Falcone faces up to 20 years in prison, as well as restitution, criminal forfeiture and a fine.  The guilty plea was entered before United States Magistrate Judge Steven I. Locke.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea. 

“Falcone lured investors into believing that they were funding an up-and-coming business and then used their money to purchase his Florida home and to finance his online securities trading,” stated United States Attorney Donoghue.  “This Office will continue to protect the investing public by prosecuting to the fullest extent of the law those who use deceptive practices to enrich themselves.”

“Mr. Falcone didn’t use the money his investors gave him on the actual investment he sold to them,” stated FBI Assistant Director-in-Charge Sweeney.  “Investing in other people’s ideas can be a risky venture because most backers can’t see the details that would show the fraud.  That’s where the FBI and our law enforcement partners come in.  We can see the numbers that don’t add up and we can hold the fraudsters accountable.”

According to court filings and facts presented at the guilty plea proceeding, in December 2012, Falcone established 3G’S, based in Bethpage and Farmingdale, New York, which among other products, distributed a single-serving, wine in a sealed glass that was featured on the television program “Shark Tank.”  Between September 2014 and November 2015, Falcone solicited investments and promised potential investors that he would use their money to fund 3G’S, such as by purchasing the single-serving wine product.  Relying on those promises, investors wired funds from bank accounts in New York to bank accounts in Florida controlled by Falcone.  Rather than invest the money as promised, Falcone used about $527,064 of the investors’ money to purchase a residence in Florida and to support his online securities trading. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Bradley T. King and Madeline M. O’Connor are in charge of the prosecution.

The Defendant:

JOSEPH FALCONE
Age:  59
Melbourne, Florida

E.D.N.Y. Docket No. 19-CR-257 (SJF)

A criminal complaint was filed today in federal court in Brooklyn charging Ashiqul Alam with knowingly receiving two firearms with obliterated serial numbers in Brooklyn, New York.  Alam was arrested yesterday and is scheduled to be presented this afternoon before United States Magistrate Judge Cheryl L. Pollak.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the arrest.

 “As alleged, Ashiqul Alam bought illegal weapons as part of his plan to kill law enforcement officers and civilians in a terrorist attack on Times Square,” stated United States Attorney Donoghue.  “What he did not know was that he was buying weapons from government agents, who were monitoring his plans and intervening to prevent those plans from escalating into deadly violence.  This Office, together with our law enforcement partners, will continue to exercise extreme vigilance to prevent terrorists from attacking our city and our country.”

“There is more to this case than just talk and the desire to carry out a terrorist attack. Individuals who believe in the distorted and deadly propaganda of terrorist organizations and work toward acting on those deadly impulses are incredibly dangerous and unpredictable,” said FBI Assistant Director-in-Charge Sweeney.  “Mr. Alam allegedly then took the steps to follow through on his deadly impulse, purchasing weapons to kill New Yorkers, target an elected official and attack police officers.  The FBI New York Joint Terrorism Task Force and the NYPD Intelligence Bureau will simply not allow individuals to execute their plots, and our team will use every legal tool available to us to protect our community and remain ahead of the threat individuals like Alam pose to our communities.”

“Mr. Alam discussed guns, suicide vests, hand grenades, and surveilled crowded New York targets such as Times Square”, said Police Commissioner O’Neill. “Our job is to prevent these terrorist attacks whenever we can before they are carried out. This case is another example of the tightly-knit teamwork of the JTTF and the NYPD’s Intelligence Bureau. Mr. Alam is charged with illegally purchasing untraceable firearms from undercover officers. That was a clear indicator of his intent to move his plot forward.” 

As alleged in the complaint, between August 2018 and the present, Alam repeatedly expressed a desire to purchase firearms and explosives for use in a terrorist attack.  Alam identified two targets, either Times Square or Washington, D.C., in order to kill a senior government official.  In January 2019, Alam conducted several “recon” trips to Times Square, using his cellular telephone to make a video recording of the area as he searched for potential targets.  Alam considered multiple ways to conduct such an attack, including by using a “suicide vest” and by obtaining AR-15 assault rifles to kill law enforcement officers. 

Alam conducted research about firearms on the internet and discussed purchasing firearms with an undercover law enforcement officer (“UC-1”).  In March 2019, Alam told UC-1 that he would be interested in buying a Glock 9mm pistol.  UC-1 introduced Alam to an “associate,” who offered to help Alam procure two illegal Glock G19 pistols.  In April 2019, Alam underwent Lasik eye surgery, a procedure whose value he explained: “Let’s say we are in an attack, right, say that my glasses fall off.  What if I accidentally shoot you?  You know what I mean.  Imagine what the news channel would call me the ‘Looney Tunes Terrorist’ or the ‘Blind Terrorist.’” 

In May 2019, Alam was told that the firearms he wanted to buy would have obliterated serial numbers, and he replied “Oh, that’s good man.”  Alam then had repeated conversations and meetings with individuals he believed were going to sell him firearms, including one meeting in which he was shown hand grenades for purchase.  Alam subsequently discussed buying grenades because a grenade could “take out at least eight people.”  Alam also asked to order ammunition as well as weapons because, he said, “What is the point of getting a gun without ammo?” 

 On June 6, 2019, Alam met the individual he believed was going to sell him firearms and was shown two Glock 19 semiautomatic pistols with obliterated serial numbers.  The defendant provided $400 towards the purchase of the two pistols and asked whether he could also buy a silencer.  The defendant was arrested shortly thereafter.    

The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. 

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States Attorneys David K. Kessler, Michael Keilty and Jonathan Algor are in charge of the prosecution, with assistance from Trial Attorney Jacqueline L. Barkett of the Department of Justice’s Counterterrorism Section.

The Defendant:

Ashiqul Alam
Age: 22
Queens, New York

E.D.N.Y. Docket No. 19-M-0531

Earlier today, in federal court in Central Islip, Emin L. Cohen, a cold-caller and account executive at My Street Research and its predecessors located in Melville, New York (the “boiler room”), was sentenced by United States District Judge Joanna Seybert to two years in prison and ordered to pay $86,168 in forfeiture.  The amount of restitution will be determined by the court at a later date.  Cohen pleaded guilty in June 2018 to conspiracy to commit securities fraud in connection with a multi-defendant, $147 million scheme to defraud investors in publicly traded companies. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.

“Cohen played key roles in the boiler room, luring the victims, many of them elderly and vulnerable, into the fraudulent scheme with lies and subjecting them to high-pressure tactics to seal the deals,” stated United States Attorney Donoghue.  “With today’s sentence, Cohen has been held accountable for taking advantage of victims of his telemarketing con job, designed solely to enrich himself and his co-conspirators.” 

Between January 2014 and July 2017, Cohen and 15 co-defendants participated in a “pump and dump” stock fraud scheme that defrauded investors in publicly traded companies (the “manipulated companies”).  As part of the scheme, the defendants artificially inflated the price and trading volume of stock of the manipulated companies, and made material misrepresentations and omissions in their communications with the victim investors, concerning the advisability of purchasing the stock and its potential profitability.  The defendants, who controlled much of the stock of the manipulated companies, profited handsomely, while the victim investors lost millions of dollars when the price stock plummeted.  Taped to the wall of the boiler room was a sign that read, “WE’LL POUND THE PHONE AND WITH A LITTLE BIT OF LUCK, WE’LL MAKE A TON OF MONEY AND WON’T GIVE A F---.”  Ten of Cohen’s co-defendants have pleaded guilty and are awaiting sentencing.  Five other co-defendants are scheduled for trial.

The government’s case is being prosecuted by Assistant United States Attorneys Whitman G.S. Knapp, Alicyn L. Cooley and Patrick T. Hein.  Assistant United States Attorney Tanisha R. Payne of the Office’s Civil Division is handling the forfeiture aspect of the case. 

The Defendant:

EMIN L. COHEN (also known as “Ian Grant”)
Age:  35
Coram, New York

E.D.N.Y. Docket No. 17-CR-372-10 (JS)

John Derounian was sentenced today in federal court in Central Islip by United States District Judge Joan M. Azrack to 51 months’ imprisonment for mail fraud and 70 months’ imprisonment for possession of child pornography, to run consecutively, for a total sentence of 121 months’ imprisonment.  The Court also ordered him to pay $1,403,209.17 in restitution for his theft of more than $1.2 million from the estate of a deceased victim (Jane Doe), and a $10,000 fine.  Derounian pleaded guilty to the charges in June 2018.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the sentence.

“Derounian’s crimes were unconscionable and today’s sentence is well deserved,” stated United States Attorney Donoghue. 

“When it comes to evil deeds, there is nothing more despicable than preying on children and robbing the dead. Today’s sentence is a lesson in karma and justice; when you break the law, your crimes will eventually be exposed,” stated USPIS Inspector-in-Charge Bartlett. 

On November 12, 2015, Derounian claimed to have found the body of his tenant, Jane Doe, inside her Sea Cliff residence.  He then telephoned and emailed employees at Morgan Stanley, in an attempt to obtain over $200,000 from Doe’s account.  As a further part of the scheme, Derounian forged a will naming himself executor and sole beneficiary of Doe’s estate, had the body of Doe cremated, sold Doe’s real property for over $1 million, and transferred the proceeds into bank accounts he controlled.            

The government’s case is being handled by the Office’s Long Island Criminal and Civil Divisions.  Assistant United States Attorney Mark E. Misorek is in charge of the prosecution, and Assistant United States Attorney Robert W. Schumacher of the Office’s Civil Division is handling matters relating to forfeiture.

The Defendant:

JOHN DEROUNIAN
Age:  51
Sea Cliff, New York

E.D.N.Y. Docket No. 16-412 (S-1) (JMA)

CENTRAL ISLIP, N.Y. – Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against Genesis Petroleum, Inc., and 20 of its associated companies, (collectively, “Defendants”), for violating the Resource Conservation and Recovery Act (“RCRA”) at 13 separate gas stations within the Eastern District of New York and the  District of New Jersey.  The violations alleged in the complaint involve Defendants’ improper management of 38 underground storage tanks at 13 of Defendants’ gas stations.  These tanks typically contain gasoline and diesel fuel and can cause serious environmental damage if allowed to leak. 

The lawsuit seeks injunctive relief to assure Defendants’ future compliance with RCRA and an order imposing civil penalties for Defendants’ violations of up to $16,000 per tank for each day of violation. 

As alleged in the complaint filed today in federal court in Central Islip, New York, Defendants repeatedly violated RCRA and its related regulations at various times from 2012 to 2016.  These violations included failing to install spill and overfill prevention equipment, failing to perform release (i.e., leak or spill) detection and failing to maintain and provide records of release detection monitoring.  In some instances, Defendants failed to secure underground storage tanks that were temporarily closed, and failed to investigate or report suspected releases.  In another instance, EPA inspectors observed a visibly corroded storage tank at one of Defendants’ stations.  At times, Defendants also failed to cooperate with the EPA by refusing to permit station inspections and by failing to respond to the EPA’s requests for information about the underground storage tanks that they owned and/or operated.

“The Defendants’ repeated violations of the Resource Conservation and Recovery Act put groundwater at risk of contamination, potentially endangering the health and safety of residents of Nassau and Suffolk Counties in New York as well as residents of New Jersey,” stated United States Attorney Donoghue.  “We are committed to enforcing the laws protecting our residents from hazardous wastes and the dangers they pose.”

 “Failure to monitor and maintain tanks to prevent leaks can pose a serious safety risk, as the leaking underground tanks can release toxic components that can seep into the soil and the groundwater,” said EPA Regional Administrator Peter D. Lopez.  “These violations are all too common, and EPA is working to ensure that we hold the companies responsible for properly managing their tanks to reduce these risks where these gas stations are located.”

While the violations alleged in the complaint do not pose an immediate threat to the drinking water of the areas’ residents, compliance with the RCRA’s leak prevention regulations for underground storage tanks is vital to ensure the integrity of tanks and prevent the release of petroleum product to soil and groundwater.  Petroleum products such as gasoline contain chemical compounds that pose substantial threats to human health.  When operated conscientiously and monitored closely, underground storage tanks are a safe and effective means to store gasoline.  But when tanks are not subjected to basic operational safeguards, they can endanger the public and the environment, for example by leaking petroleum into the water supply, discharging toxic vapors into the air, or even triggering fires or explosions.  EPA’s regulations under RCRA are designed to protect the public by requiring underground storage tank operators to reduce the likelihood of leaks and monitor for leaks so they can promptly be addressed.

The matter is being handled by Assistant U.S. Attorney Jolie Apicella of the United States Attorney’s Office for the Eastern District of New York, working with Lee Spielmann, Assistant Regional Counsel, EPA Region 2, and Paul Sacker, Senior Enforcement Officer, EPA Region 2.

The Defendants:

Genesis Petroleum, Inc.

Technic Management, Inc.

Gulden Inc.

2664 RT 112 Realty Corp.

607 Station Road Realty Inc.

1000 Motor Parkway Central Islip LLC

616 Broadway LLC

Freeport Realty LLC

199 E. Sunrise Highway Realty Corp.

465 Nassau Road Realty Corp.

Camlica, Inc.

Kucukbey Corp.

North Country Road Realty LLC

Elizabeth NJPO LLC

Elizabeth NJPG LLC

Perth Amboy NJPO LLC

Perth Amboy NJPG LLC

Newark NJPO LLC

Newark NJPG LLC

North Bergen NJPO LLC

North Bergen NJPG LLC

Gas Station Locations:

• 2664 Route 112, Medford, New York
• 607 Station Road, Bellport, New York
• 87 North Country Road, Miller Place, New York
• 616 Route 110, Amityville, New York
• 6077 Jericho Turnpike, Commack, New York
• 199 E. Sunrise Highway, Freeport, New York
• 131 West Merrick, Freeport, New York
• 465 Nassau Road, Roosevelt, New York
• 261 East Merrick Road, Freeport, New York
• 507 Bayway Avenue, Elizabeth, New Jersey
• 163 Fayette Street, Perth Amboy, New Jersey
• 66-80 Bloomfield Avenue, Newark, New Jersey
• 8012 Tonnelle Avenue, North Bergen, New Jersey

Ali Saleh pleaded guilty today at the federal courthouse in Brooklyn to assaulting a federal correctional officer and possessing contraband at the Metropolitan Detention Center (MDC) in Brooklyn, New York.  The proceeding took place before United States District Judge William F. Kuntz, II, on the day a jury was scheduled to be selected for Saleh’s trial.  When sentenced, Saleh faces up to 25 years’ imprisonment on the assault and prison contraband charges.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

 “Saleh viciously attacked a correctional officer performing routine duties at the MDC, causing the officer serious injury,” stated United States Attorney Donoghue.  “Correctional officers place themselves on the front line every day and all inmates should know that we will relentlessly prosecute those who threaten or assault them.”

On July 13, 2018, Saleh was an inmate at the MDC for charges related to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS).  At approximately 12:35 p.m., while a senior correctional officer was retrieving trash through an access slot of Saleh’s cell, Saleh reached through the slot and slashed the officer with an improvised knife, seriously lacerating the officer’s right forearm.  Saleh smiled at the officer and said, “I hope you die.”  The correctional officer subsequently underwent surgery for his wound.

Saleh’s potential sentence of up to 25 years on the assault and possession of contraband charges is in addition to the sentence he faces for his conviction, pursuant to a guilty plea on July 24, 2018, to attempting to provide material support to ISIS.

The government’s case is being prosecuted by Assistant United States Attorneys Phil Selden and Douglas M. Pravda.

The Defendant:

ALI SALEH
Age:  26
Queens, New York

E.D.N.Y. Docket No. 18-CR-468 (WFK)

Earlier today, at the federal courthouse in Central Islip, Ronald DeRisi was sentenced by United States Circuit Judge Joseph F. Bianco to 18 months’ imprisonment for threatening to assault and kill two sitting United States Senators in retaliation for their support of the nomination and confirmation of Justice Brett Kavanaugh to the U.S. Supreme Court.  As part of his sentence, DeRisi was ordered to forfeit two firearms to the United States.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Acting Chief Steven Sund, United States Capitol Police, announced the sentence.

“Our political process allows for vigorous debate, but not destruction.  Threatening to harm or kill elected officials because one disagrees with their public positions goes far beyond the scope of the First Amendment and will not be tolerated,” stated United States Attorney Donoghue.  “We will not allow individuals to influence political decision-making through criminal threats.”  Mr. Donoghue thanked the Federal Bureau of Investigation and the Suffolk County Police Department for their assistance in the case.    

“I also want to thank our USCP investigators, and all of our partners in successfully investigating and prosecuting this case,” said Acting Capitol Police Chief Sund.

In September and October of 2018, DeRisi telephoned and left approximately 12 anonymous, threatening voice-messages at the offices of two United States Senators, both of whom were publicly supporting the nomination and confirmation of Justice Kavanaugh to the U.S. Supreme Court.  DeRisi’s threats, which were made both before and after Justice Kavanaugh’s confirmation, included threatening to shoot one of the Senators in the head with a 9mm firearm.  When DeRisi was arrested on October 19, 2018, members of law enforcement recovered live 9mm ammunition during the execution of a search warrant at his residence.     

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorney Justina L. Geraci is in charge of the prosecution.

The Defendant:

Ronald DeRisi
Age: 75
Smithtown, New York

E.D.N.Y. Docket No. 19-CR-090 (JFB)

Earlier today, a federal grand jury in Brooklyn returned an indictment charging Mamunar Khan with the February 3, 2019 arson of the Premium Supermarket in East New York.  Khan was previously arrested on a complaint on May 6, 2019, and will be arraigned at a later date.  If convicted, Khan faces a mandatory minimum sentence of five years’ imprisonment, and a maximum of 20 years’ imprisonment.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and John B. DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives, James P. O’Neill, Commissioner, New York City Police Department (NYPD), and Daniel A. Nigro, Commissioner, New York City Fire Department (FDNY), announced the charge.

“As alleged in the indictment, Khan set fire to a supermarket while it was open for business, demonstrating total disregard for the safety of employees, customers and the firefighters who responded to the blaze,” stated U.S. Attorney Donoghue.  “Attempting to burn down your competition is an extremely serious and violent crime and we and our law enforcement partners will ensure that such crimes are punished.”

“The alleged violent acts of the defendant against a fellow business owner could have resulted in substantial loss of property and cost the lives of innocent people to include first responders,” stated ATF Special Agent-in-Charge DeVito.  “The ATF/NYPD/FDNY Strategic Explosive and Arson Response Task Force will continually work to prevent violent acts like this from occurring and to swiftly bring the perpetrators of such acts when they do occur, to justice. I would like to thank the United States Attorney’s Office for their work in prosecuting the case.”

“Mamunar Khan put personal profit before public safety and put people’s lives at risk,” said NYPD Commissioner O’Neill. “The NYPD and its law enforcement partners will never tolerate the kind of recklessness and brazen criminality that was committed in this case.”

 “The use of fire as a weapon to injure and intimidate is a callous crime, one that senselessly puts the lives of New Yorkers and FDNY members in danger,” stated FDNY Commissioner Nigro.  “Thanks to our Fire Marshals, NYPD Detectives, ATF agents, and the US Custom and Border Patrol agents who brought to justice an alleged arsonist who sought to avoid responsibility for this crime.”

Khan is the co-owner of Deshi Bazaar, located in Ozone Park, Queens.  On February 3, 2019, video footage recovered from the Premium Supermarket, located at 1196 Liberty Avenue in Brooklyn, showed Khan pushing a cart filled with unknown flammable material down an aisle in the store.  Khan, wearing blue latex gloves, used a lighter to ignite the material, and then exited the store.  As the fire spread through the store, a second video camera recorded Khan driving away in a Mercedes-Benz SUV.  The fire caused substantial damage to Premium Supermarket and the structure of the building. 

A witness told law enforcement agents that Khan had previously complained that the low prices at Premium Supermarket hurt business at his own nearby market.   Khan was then interviewed by law enforcement agents.  The following day, he left the country and traveled to Bangladesh.  Khan was arrested three months later upon returning to the United States.

The charge in the indictment is an allegation, and the defendant is presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s General Crimes Section.  Assistant United States Attorney Andrew D. Grubin is in charge of the prosecution. 

The Defendant:

MAMUNAR KHAN (also known as “Mumunar Khan”)
Age:  59
Ozone Park, Queens

E.D.N.Y. Docket No. 19-CR-247 (LDH)

Richard “Rob” Walker, the former Chief Deputy County Executive of Nassau County, pleaded guilty today in federal court in Central Islip to obstruction of justice in connection with a federal grand jury investigation of a cash payment that Walker received from a contractor while in office.  The proceeding was held before United States District Judge Joan M. Azrack.  When sentenced, Walker faces up to 20 years’ imprisonment.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

“While holding public office, Walker attempted to conceal his corrupt conduct by urging a witness to lie to the grand jury,” stated United States Attorney Donoghue.  “Those who swear an oath to serve the public are expected to promote transparency, not obstruct justice.  The Eastern District will hold officials accountable when they violate the public trust.”  Mr. Donoghue expressed his thanks to Internal Revenue Service Criminal Investigation Division for its help during the investigation.

According to court filings and facts presented at the guilty plea proceeding, in 2014, Walker accepted a $5,000 cash payment from a contractor who was performing work for the county.  In 2017, after learning that the United States Attorney’s Office had opened a grand jury investigation into potential corruption in Nassau County government, including the circumstances surrounding the $5,000 payment, Walker spoke to the contractor on several occasions, and attempted to persuade him to conceal the existence of the payment from the grand jury, or to provide a false explanation concerning the transaction, for example, as repayment of a loan.  Thereafter, Walker met the contractor in a Hicksville park and handed him an envelope containing $5,000 in cash.     

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Artie McConnell and Catherine M. Mirabile are in charge of the prosecution.

The Defendant:

Richard Walker (also known as “Rob Walker”)
Age:  43
Hicksville, New York

E.D.N.Y. Docket No. 18-CR-087 (JMA)

BROOKLYN, N.Y. – Earlier today, at the federal courthouse in Brooklyn, a six-count indictment was unsealed charging Wesley Blake Barber, the owner of Surgical Assistance Inc. and Medical Funding Consultants LLC, and Christopher Walker, a licensed urogynecologist and owner of MedSurg Holdings LLC, for their roles in an alleged scheme to defraud women across the United States in connection with surgeries to remove transvaginal mesh (TVM) implants.

Barber and Walker are each charged with committing wire fraud, violating the Travel Act and related conspiracies.  Both defendants were arrested this morning.  Barber is expected to appear this afternoon before U.S. Magistrate Judge Rebecca Rutherford of the Northern District of Texas at the federal courthouse in Dallas, and Walker is expected to appear before U.S. Magistrate Judge Gregory Kelly of the Middle District of Florida at the federal courthouse in Orlando.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the indictment.

“As alleged in the indictment, the defendants and their co-conspirators exploited and defrauded women, misrepresenting health risks from TVM implants to pressure the women to undergo procedures to the defendants’ economic advantage,” stated United States Attorney Donoghue.  “This Office, the Department of Justice and the FBI will continue to investigate and prosecute medical professionals and others who prey on the vulnerable to line their own pockets.”

“Barber and Walker convinced their victims to subject themselves to surgical procedures based on misrepresentations of fact, as alleged, causing them to incur a financial loss, and likely presenting them with a significant emotional burden,” stated FBI Assistant Director-in-Charge Sweeney.  “They used the bodies of women as a conduit for their greedy behavior, and that is simply not allowed. Medical professionals play a vital role in our society, and they're required to adhere to a strict set of standards. As evidenced today, those who don't will be held accountable.”

According to the indictment, Barber and Walker sought to profit in connection with lawsuits filed throughout the United States relating to alleged harm that TVM implants had caused women.  The alleged scheme sought to take advantage of settlements in these lawsuits in which women who had their TVM implants surgically removed were entitled to receive larger settlements than women whose inserts remained implanted.  As part of the scheme, the conspirators allegedly persuaded women around the country to undergo removal surgeries by fraudulently misrepresenting both the health risks associated with the TVM implants and the need to travel long distances to use pre-selected doctors for the surgeries, including Walker, rather than their local doctors.  Barber’s companies allegedly coordinated the removal surgeries and then purchased and resold for profit the medical debts incurred by the women.  In addition, Walker and others paid kickbacks and bribes to Barber in exchange for the referral of these women for their surgeries.

The charges in the indictment are allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

If convicted of all the charges, Barber and Walker each face up to 90 years’ imprisonment.

The investigation was conducted by the FBI.  Assistant U.S. Attorney Elizabeth Geddes of the Eastern District of New York and Trial Attorney Andrew Estes of the Criminal Division’s Fraud Section are prosecuting the case.

The Defendants:

WESLEY BLAKE BARBER
Age:  49
Detroit, Michigan

CHRISTOPHER WALKER
Age:  49
Orlando, Florida

E.D.N.Y. Docket No. 19-CR-239 (RJD)

A surgical funding facilitator and a licensed urogynecologist were charged in a six-count indictment unsealed today for their roles in an alleged scheme to defraud women across the United States in connection with surgeries to remove transvaginal mesh (TVM) implants related to mass tort litigation.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue of the Eastern District of New York and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office made the announcement.

Wesley Blake Barber, 49, of Detroit, Michigan, the owner of Surgical Assistance Inc. and Medical Funding Consultants LLC, and Christopher Walker, M.D., 49, of Orlando, Florida, and owner of MedSurg Holdings LLC, were charged in an indictment filed in the Eastern District of New York with one count of conspiracy to commit wire fraud, three counts of wire fraud, one count of conspiracy to violate the Travel Act and one count of violating the Travel Act.  Both defendants were arrested this morning.  Barber is expected to appear this afternoon before U.S. Magistrate Judge Rebecca Rutherford of the Northern District of Texas at the federal courthouse in Dallas, and Walker is expected to appear before U.S. Magistrate Judge Gregory Kelly of the Middle District of Florida at the federal courthouse in Orlando.  The case has been assigned to U.S. District Judge Raymond J. Dearie of the Eastern District of New York.

According to the indictment, Barber and Walker sought to profit in connection with lawsuits filed around the country relating to alleged harm that TVM implants caused women.  The alleged scheme sought to take advantage of settlements in these lawsuits in which women who had their TVM implants surgically removed were entitled to receive larger settlements than women whose inserts remained implanted.  As part of the scheme, women around the country were allegedly enticed into agreeing to undergo removal surgeries after scheme participants allegedly fraudulently told the women, among other things, about the risks of the TVM implants and the need to travel long distances and incur significant debt in order to undergo the surgeries.  In addition, Walker and others allegedly paid kickbacks and bribes to Barber in exchange for the referral of these women for surgeries.

The charges in the indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

The investigation was conducted by the FBI.  Trial Attorney Andrew Estes of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Elizabeth Geddes of the Eastern District of New York are prosecuting the case.

The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.

Earlier today, in federal court in Brooklyn, Michael Brogan pleaded guilty to threatening to assault and murder a United States Senator.  The proceeding was held before United States Magistrate Judge Robert M. Levy.  When sentenced, Brogan faces up to 10 years in prison.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Matthew R. Verderosa, Chief, United States Capitol Police, announced the guilty plea.

“Brogan threatened to assault and murder a sitting United States Senator to silence the Senator and interfere with the performance of the Senator’s official duties,” stated United States Attorney Donoghue.  “The Department of Justice stands ready to vigorously prosecute those who seek to subvert our constitutional system and intimidate elected officials through threats of violence.”

“I greatly appreciate the hard work of our investigators for addressing these threats so quickly, and that of the U.S. Attorney’s staff for prosecuting this case,” stated Chief Verderosa.

On December 4, 2018, Brogan telephoned and left a threatening voice-message at the Washington, D.C. office of a United States Senator.  The threats were made to discourage the Senator from criticizing the President, as well as in retaliation for the Senator’s position regarding reproductive rights.  In the voice-message Brogan stated, “you watch your [expletive] cause . . . .  I’m going to put a bullet in ya.”  Brogan said when he traveled to Washington, “. . .  I got your [expletive] mark you stupid [expletive].  You and your constant lambasting of President Trump.  Oh, reproductive rights, reproductive rights.”  Brogan concluded with, “you watch your [expletive].  If I see you on the streets, I’m gonna [expletive] light you up with [expletive] bullets.” 

The government’s case is being prosecuted by Assistant United States Attorney Phil Selden. 

The Defendant:

MICHAEL BROGAN
Age: 51
Brooklyn, New York

E.D.N.Y. Docket No. 19-CR-207 (NGG)

CENTRAL ISLIP, N.Y.  – The United States filed a civil complaint against defendants Confidence USA Inc., of Port Washington, New York, the company’s president Helen Chian, and manager Jim Chao to prevent the distribution of adulterated dietary supplements in violation of federal law, the Department of Justice announced today.  The defendants make and distribute more than 50 dietary supplements under brand names that include Confidence USA, American Best, USA Natural and The Herbal Store.  

The complaint, filed in U.S. District Court for the Eastern District of New York, seeks a permanent injunction to prevent the defendants from marketing dietary supplements without following current good manufacturing practices (cGMPs).  The complaint alleges that multiple inspections by the U.S. Food and Drug Administration (FDA) repeatedly showed that the defendants failed to verify the identity of each dietary ingredient used in the manufacture of their supplements, and also failed to verify that their products met specifications for purity, strength, composition and contamination limits.

Dietary supplements not prepared, packed and held in conformance with cGMP regulations are adulterated in violation of the Federal Food, Drug, and Cosmetic Act. According to the Department of Justice’s complaint, FDA issued a warning letter to Confidence USA in 2011 regarding deficiencies at the company.  United States Marshals previously seized certain Confidence USA products in connection with a 2012 complaint alleging that the products were adulterated.

“Millions of Americans take dietary supplements and trust that these products are safe,” stated United States Attorney Richard P. Donoghue of the Eastern District of New York.  “This Office is committed to protecting those consumers and holding dietary supplement manufacturers and distributors to current safety standards.  Today’s filing demonstrates that we will take action to enforce those standards and keep the public safe.”

“Dietary supplement makers put consumers’ health at risk by distributing products without first verifying that those products actually are what they claim to be,” stated Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The Department of Justice will continue to work with the FDA to make sure that dietary supplement manufacturers meet the legal standards necessary to ensure the quality of such products.” 

“Ensuring product integrity is a priority for the FDA,” stated Melinda Plaisier, Associate Commissioner for Regulatory Affairs at the Food and Drug Administration. “Consumers should be able to expect that the dietary supplements they purchase meet quality standards and contain only what they are supposed to, in the correct amounts.  The FDA will continue to take swift action against companies that sell adulterated dietary supplements.”

A complaint is a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

The case is being handled by Trial Attorney Douglas Ross of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant United States Attorneys Robert Schumacher and John Vagelatos from the U.S. Attorney’s Office for the Eastern District of New York, and Associate Chief Counsel for Enforcement Jennifer Argabright of the FDA’s Office of General Counsel.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.

E.D.N.Y. Docket No. 19-CV-3073 (JMA)

John Scarpa, Jr., an attorney admitted to practice law in the State of New York since 1982, was convicted today by a federal jury in Brooklyn of both counts of use of interstate facilities in aid of racketeering and conspiracy to do the same, stemming from his scheme to bribe a witness in a double homicide trial in State Supreme Court in Suffolk County.  The verdict followed a four-day trial before United States District Judge Carol Bagley Amon.  When sentenced, Scarpa faces up to 10 years’ imprisonment. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the verdict.

 “The jury saw through Scarpa’s corrupt scheme to help his client avoid responsibility for murder by bribing a witness to give false testimony,” stated United States Attorney Donoghue.  “With today’s verdict, the defendant will now face prison and disbarment for attempting to undermine the criminal justice system and violating the law he was sworn to uphold as an attorney.”  Mr. Donoghue thanked the Queens County District Attorney’s Office for its assistance during the investigation.

The evidence at trial established that in early 2015, Scarpa plotted with co-conspirator Charles Gallman to bribe a convicted murderer to testify in support of Scarpa’s client, Reginald Ross, who was charged with the execution-style killings of two men.  Court-authorized intercepted communications, obtained during an investigation conducted by the Queens County District Attorney’s Office, revealed that Scarpa and Gallman planned to bribe Luis Cherry to testify falsely at trial that he alone had committed the second of the two murders, and that Ross was innocent.  Gallman promised to help Cherry with the appeal of his own murder conviction, and to spread word in the prison system that Cherry had not informed against Ross.  After meeting with Cherry at Downstate Correctional Facility, Gallman reported to Scarpa, “Anything we need, he’s willing.”  Scarpa asked, “So this guy is willing to do whatever?” Gallman replied, “Whatever you need, John. Whatever you need….  I got a bunch of stuff I wrote down that he wants.”  Scarpa called Cherry as a witness at Ross’s trial, and Cherry testified falsely.  Notwithstanding that false testimony, the judge returned guilty verdicts on both murders.

Gallman pleaded guilty in November 2018 to conspiring to violate the Travel Act by bribing a witness to testify falsely, and conspiring to make false statements to the Bureau of Prisons in a separate scheme.  He was sentenced on March 7, 2019 to three years’ imprisonment. 

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Lindsay K. Gerdes, Andrey Spektor and Keith D. Edelman are in charge of the prosecution.

The Defendant:

JOHN SCARPA, JR.
Age:  66
Hauppauge, New York

E.D.N.Y. Docket No. 18-CR-123 S1 (CBA)

A federal jury in Central Islip returned a guilty verdict today against Jose Suarez, an associate of the Sailors Locos Salvatruchas Westside (Sailors) clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization.  Suarez was convicted of racketeering, murder, assault and related conspiracy, firearms and accessory after the fact charges in connection with the January 30, 2017 murder of Esteban Alvarado-Bonilla and the shooting of a female employee at a deli in Central Islip, and the December 18, 2016 assault of a man outside a restaurant in Brentwood.  The verdict followed a three-week trial before United States Circuit Judge Joseph F. Bianco.  When sentenced, Suarez faces a mandatory sentence of life in prison.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the verdict.

“Suarez has been held responsible for the execution-style murder of a suspected gang rival and violent assaults, ruthless crimes that reflect the danger to our communities posed by MS-13,” stated United States Attorney Donoghue.  “By his actions the defendant sought status within the gang, and with today’s verdict, what he has found instead is a mandatory sentence of life in prison.  I commend our prosecutors and the FBI Long Island Gang Task Force for their outstanding work bringing the defendant to justice and their commitment to eradicating MS-13.” 

“MS-13 attacks, assaults and murders simply to be as violent as they can.  The gang members associated with this case and Mr. Suarez didn’t give a second thought to the life they took, the harm they caused or the terror they created in a community,” stated FBI Assistant Director-in-Charge Sweeney.  “The partners of the FBI Long Island Gang Task Force are fully committed to collaborating and dedicating all necessary resources as we continue to eradicate violent gang members from our communities.”  

“This guilty verdict ensures that a violent MS-13 associate will face life in prison for his heinous crimes dating back to 2016,” stated SCPD Commissioner Hart.  “This case highlights the dangers this gang poses and reinforces our need to continue to work with our law enforcement partners to rid our communities of gang violence.  I would like to thank the Eastern District of New York and our partners at the FBI Long Island Gang Task Force for their partnership and perseverance in holding gang members and their associates accountable for their crimes.”

“The combined efforts of associated law enforcement agencies and its dedicated investigators bring to justice defendant Jose Suarez, thus ending a wave of terror by way of the murder of one individual and assaults of two others,” stated NCPD Commissioner Ryder.  “This conviction removes another MS-13 gang member from the streets of Nassau County and its communities, thus making them a safer place.  We will continue our zero tolerance approach to end all illegal gang activity.  Congratulations to all for a job well done.”

The evidence at trial established that, on January 30, 2017, a member of the Sailors clique saw Alvarado-Bonilla inside El Campesino Deli in Central Islip.  Believing that Alvarado-Bonilla was a rival gang member, the Sailors clique devised a plan to kill him.  Suarez drove MS-13 member Mario Aguilar-Lopez and an MS-13 associate to a street near the deli and parked.  The MS-13 associate entered the deli and confirmed that Alvarado-Bonilla was there. Aguilar-Lopez then entered the deli, approached Alvarado-Bonilla from behind and shot him multiple times, killing him.  One of the bullets traveled through Alvarado-Bonilla’s head and struck, in the chest, a female employee of the deli who was standing directly in front of him.  Aguilar-Lopez ran out of the deli and back to the car where Suarez was waiting, and the two then fled the scene.  The store employee was taken to a local hospital for treatment and survived. 

Aguilar-Lopez pleaded guilty to the murder of Alvarado-Bonilla and wounding of the female deli employee, and is awaiting sentencing.

The government’s evidence at trial also established that on December 18, 2016, Suarez and several other MS-13 members and associates assaulted two men outside the Super Taco restaurant in Brentwood, seriously injuring one of the men.  The victims were attacked because one of them had disrespected the MS-13. 

Today’s trial conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization.  The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America.  With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted of federal felony charges in the Eastern District of New York.  A majority of those MS-13 members have been convicted of federal racketeering charges for participating in murders, attempted murders and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders.  These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Bureau of Alcohol, Tobacco, Firearms and Explosives, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Office, Rockville Centre Police Department and the New York State Police.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Raymond A. Tierney and Michael T. Keilty are in charge of the prosecution.  

The Defendant:

JOSE SUAREZ (also known as “Chompira”)
Age:  24
Central Islip, New York

E.D.N.Y. Docket No. 16-CR-403 (JFB)

The United States filed a civil complaint to stop a Long Island company from marketing adulterated dietary supplements, the Department of Justice today announced. 

The complaint, filed May 23, seeks a permanent injunction against defendants Confidence USA Inc., of Port Washington, New York, company president Helen Chian, and company manager Jim Chao to prevent the defendants from marketing dietary supplements without following current good manufacturing practices (cGMPs). The complaint alleges that multiple inspections by the U.S. Food and Drug Administration (FDA) repeatedly showed that the defendants failed to verify the identity of each dietary ingredient used in the manufacture of their supplements and also failed to verify that their products met specifications for purity, strength, composition, and contamination limits.

According to the complaint, the defendants make and distribute more than 50 dietary supplements under brand names that include Confidence USA, American Best, USA Natural, and The Herbal Store. The Justice Department filed the complaint in U.S. District Court for the Eastern District of New York at the request of the FDA.

“Dietary supplement makers put consumers’ health at risk by distributing products without first verifying that those products actually are what they claim to be,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice will continue to work with the FDA to make sure that dietary supplement manufacturers meet the legal standards necessary to ensure the quality of such products.” 

“Millions of Americans take dietary supplements and trust that these products are safe,” stated United States Attorney Richard P. Donoghue of the Eastern District of New York. “This Office is committed to protecting those consumers and holding dietary supplement manufacturers and distributors to current safety standards. Today’s filing demonstrates that we will take action to enforce those standards and keep the public safe.”

“Ensuring product integrity is a priority for the FDA,” said, Melinda Plaisier, Associate Commissioner for Regulatory Affairs at the Food and Drug Administration. “Consumers should be able to expect that the dietary supplements they purchase meet quality standards and contain only what they are supposed to, in the correct amounts. The FDA will continue to take swift action against companies that sell adulterated dietary supplements.”

Dietary supplements not prepared, packed, and held in conformance with cGMP regulations are adulterated in violation of the Federal Food, Drug, and Cosmetic Act. According to the Department of Justice’s complaint, FDA issued a warning letter to Confidence USA in 2011 regarding deficiencies at the company. U.S. Marshals previously seized certain Confidence USA products in connection with a 2012 complaint alleging that the products were adulterated.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

The case is being handled by Trial Attorney Douglas Ross of the Civil Division’s Consumer Protection Branch, with the assistance of the Assistant United States Attorney Robert Schumacher from the U.S. Attorney’s Office for the Eastern District of New York, and Associate Chief Counsel for Enforcement Jennifer Argabright of the FDA’s Office of General Counsel.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.

Joseph Zanco, a teacher at Massapequa High School, pleaded guilty today at the federal courthouse in Central Islip to transportation and possession of child pornography.  The proceeding was held before United States District Judge Joseph F. Bianco.  When sentenced, Zanco faces a mandatory minimum of five years’ and a maximum of 20 years’ imprisonment, as well as forfeiture and a fine of up to $250,000.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York, announced the guilty plea.

In April 2018, while a teacher at Massapequa High School, Zanco began uploading hundreds of images of child pornography to the cloud-based Google Drive storage feature of his Google account.  In accordance with its policies and federal law, Google flagged these uploads, suspended the defendant’s account, and notified law enforcement authorities.  Federal prosecutors and agents then obtained search warrants and recovered from Zanco’s Google account the same child pornography Google had reported, as well as additional images and videos containing child pornography from Zanco’s laptop computer and cell phone. 

“Zanco now faces years in prison for victimizing children by possessing and transporting images of minors being sexually abused, at the same time he was employed as a teacher and entrusted with the safety and well-being of students,” stated United States Attorney Donoghue.  “The protection of innocent children is a priority for this Office and our law enforcement partners.  We will continue to make every effort to ensure that those who contribute to the victimization of children are brought to justice.”  Mr. Donoghue extended his grateful appreciation to ICE-HSI’s Child Exploitation Group for its investigative work and assistance. 

This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and the Department of Justice Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorney Michael R. Maffei is in charge of the prosecution. 

The Defendant:

JOSEPH M. ZANCO
Age:  44
Massapequa, New York

E.D.N.Y. Docket No. 18-CR-412 (JFB)

A second defendant charged with operating a multimillion mass-mailing fraud scheme pleaded guilty on Tuesday, May 14, in federal court on Long Island, the Department of Justice announced.

Shaun Sullivan, 37, of Merrick, New York, pleaded guilty to conspiracy to commit mail fraud for sending prize-promotion mailings that led recipients, many of whom were elderly and vulnerable, to believe that they could claim a large cash prize in exchange for a modest fee. This was false; victims who submitted fees, which in total exceeded $30 million, did not receive large sums of money. 

Sullivan worked with others, including Tully Lovisa of Huntington Station, New York, who operated the prize-promotion mailing scheme in violation of court orders that resulted from a lawsuit against him by the Federal Trade Commission. Lovisa pleaded guilty in October 2018. 

“The Department of Justice will bring to justice those who exploit elderly consumers in violation of federal law,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We are actively working with our law enforcement partners at the U.S. Postal Inspection Service to stop and punish schemes that harm consumers."

“Sullivan preyed on consumers, many of them vulnerable and elderly, by sending fraudulent mailings designed to trick them into believing they had won a cash prize; he then lined his own pockets with the fees he extracted from the victims,” stated United States Attorney Donoghue. “Protecting the community from mass mailing fraud schemes remains a priority of this Office and the Department of Justice.” 

“Today’s plea is an example of the coordinated efforts of law enforcement to protect the vulnerable and older Americans, who were specifically targeted to receive bogus solicitations to lure the unsuspecting ‘prize winner’ to send money that was subsequently used for Mr. Sullivan and his co-conspirators own enrichment;” said Inspector in Charge Philip R. Bartlett of the U.S. Postal Inspection Service.

Tuesday’s plea took place before United States District Judge Joanna Seybert. When sentenced, Sullivan faces up to 20 years in prison, forfeiture, and a fine of up to $250,000 or twice the gross gain or gross loss from the offense.

The case is being prosecuted by Trial Attorneys Daniel Zytnick and Timothy Finley of the Department of Justice’s Consumer Protection Branch and Assistant U.S. Attorney Charles P. Kelly of the Eastern District of New York. Assistant United States Attorney Tanisha R. Payne is in charge of issues related to forfeiture.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, this past February the Department announced the largest elder fraud enforcement action in American history, charging more than 200 defendants in a nationwide elder fraud sweep.  The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.   

For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.

Earlier today, in federal court in Central Islip, Shaun Sullivan pleaded guilty before United States District Judge Joanna Seybert to conspiracy to commit mail fraud by sending fraudulent prize-promotion mailings that led recipients, many of whom were elderly and vulnerable, to believe that they could claim large cash prizes in exchange for a modest fee.  None of the victims who submitted fees, which in total exceeded $30 million, received a substantial cash prize. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Joseph H. Hunt, Assistant Attorney General for the Justice Department’s Civil Division, and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the guilty plea.

“Sullivan preyed on consumers, many of them vulnerable and elderly, by sending fraudulent mailings designed to trick them into believing they had won a cash prize; he then lined his own pockets with the fees he extracted from the victims,” stated United States Attorney Donoghue.  “Protecting the community from mass mailing fraud schemes remains a priority of this Office and the Department of Justice.”

 “The Department of Justice will bring to justice those who exploit elderly consumers in violation of federal law,” said Assistant Attorney General Hunt. “We are actively working with our law enforcement partners at the U.S. Postal Inspection Service to stop and punish schemes that harm consumers.”

“Today’s plea is an example of the coordinated efforts of law enforcement to protect the vulnerable and older Americans, who were specifically targeted to receive bogus solicitations to lure the unsuspecting ‘prize winner’ to send money that was subsequently used for Mr. Sullivan and his co-conspirators own enrichment,” said USPIS Inspector-in-Charge Bartlett.

Between December 2010 and July 2016, Sullivan and others sent fraudulent prize-promotion mailings to thousands of victims throughout the United States.  The mailings appeared to be personally addressed to thousands of individuals whose names were on consumer lists obtained by Sullivan and his coconspirators.  Sullivan and co-defendant Tully Lovisa rented and maintained private mailboxes in the Eastern District of New York to receive return mailings sent by the victims.  They created various shell companies for the purported senders of the mailings, and hid their involvement in the business by using straw owners and aliases.  Lovisa pleaded guilty to conspiracy to commit mail fraud in October 2018, and is awaiting sentencing.

When sentenced, Sullivan faces up to 20 years in prison, as well as $550,000 in forfeiture, and a fine of up to $250,000 or twice the gross gain or gross loss from the offense.  The government’s case is being prosecuted by Assistant United States Attorney Charles P. Kelly and Trial Attorneys Daniel Zytnick and Timothy Finley of the Justice Department’s Consumer Protection Branch.  Assistant United States Attorney Tanisha R. Payne is in charge of the forfeiture.

The Defendant:

SHAUN SULLIVAN
Age:  37
Merrick, New York

E.D.N.Y. Docket No. 18-CR-349 (JS)

Earlier today, in federal court in Brooklyn, a nine-count indictment was unsealed charging Semeo Doe, the former Executive Director of the Action Center for Education and Community Development, Inc. (Action Center) in Far Rockaway, Queens, with embezzling, and conspiring to embezzle, hundreds of thousands of dollars from that charity for his personal use.  Doe was also charged with aggravated identity theft, wire fraud and wire fraud conspiracy in connection with misrepresentations he made to the New York City Department of Youth and Community Development.  Doe was arrested this morning and is scheduled to be arraigned this afternoon before United States Magistrate Judge Peggy Kuo.          

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.

 As is alleged in the indictment, between 2010 and May 2019, Doe served as a Director, and as the Executive Director, of Action Center, a not-for-profit organization that provided services to children and young adults, and provided meals to individuals in need.  Doe allegedly embezzled hundreds of thousands of dollars of Action Center funds to pay for personal expenses including international vacations, jewelry, luxury cars and cosmetic surgery.  As part of the scheme, he also caused Action Center to submit reimbursement requests for costs that were not incurred — including financial compensation for two employees for work allegedly performed after their deaths.  Doe concealed his scheme in part by forging the signatures of Action Center employees on checks he had issued in the employees’ names, and then endorsed the checks and deposited them into his personal bank account. 

“As alleged, Doe stole money that was supposed to feed the hungry and provide children with after-school services, and used it to finance his lavish lifestyle,” stated United States Attorney Donoghue.  “Today’s indictment serves notice that those who steal from charities to line their pockets will pay the price in the end.”  

“It’s difficult to imagine a justification for embezzling money slated to provide services for children and adults in need, but Doe was able to excuse this behavior—at least in some part—in exchange for luxurious personal items and international travel,” stated FBI Assistant Director-in-Charge Sweeney.  “Corrupting city-funded nonprofits isn’t just disgraceful, it’s also a federal crime.”

“This defendant allegedly diverted funds meant for youth and adult programming in Queens into his own pockets, using hundreds of thousands of public dollars he funneled through a shell corporation to pay for expenses for himself and his family, according to the charges,” stated DOI Commissioner Garnett.  “Fraud involving City nonprofits robs New Yorkers of programming that enriches lives and provides opportunity.  DOI is proud to work with the U.S. Attorney for the Eastern District of New York and the Federal Bureau of Investigation to investigate these crimes and hold accountable individuals who corrupt City-funded nonprofits for personal gain.”

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted of the embezzlement charge, the defendant faces a maximum sentence of 10 years’ imprisonment.  If convicted of conspiracy to embezzle public funds, the defendant faces a maximum sentence of five years’ imprisonment.  If convicted of wire fraud or conspiracy to commit bank fraud, the defendant faces a maximum sentence of 20 years.  If convicted of aggravated identity theft, the defendant faces a mandatory sentence of two years’ imprisonment.

 The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorney Nicholas J. Moscow is in charge of the prosecution.

The Defendant:

SEMEO DOE
Age: 57
Far Rockaway, New York

E.D.N.Y. Docket No. 19-CR-218 (JBW)

Earlier today, at the federal courthouse in Brooklyn, Robert Santos, a member of a Bronx-based drug trafficking ring, was sentenced by United States District Judge Frederic Block to 60 months’ imprisonment, to be followed by four years’ supervised release, based on his February 2018 guilty plea to participating in a conspiracy to distribute 100 grams or more of heroin, 500 grams or more of cocaine, and marijuana.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, Angel M. Melendez, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Keith M. Corlett, Acting Superintendent, New York State Police (NYSP), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentence.

“Robert Santos has been deservedly punished with prison time for playing a critical role in a drug trafficking operation, delivering dangerous drugs on our streets and lining his pockets with the illicit proceeds,” stated United States Attorney Donoghue.  “This Office and our law enforcement partners will continue to work vigorously to stop the flow of illegal and dangerous drugs onto our streets.”

Between July 2016 and March 2017, Santos and other members of the drug ring distributed large amounts of heroin, cocaine and marijuana throughout New York City, including to out-of-state customers.  At the time of Santos’s arrest, DEA special agents seized quantities of those controlled substances, a kilogram press and other drug paraphernalia in his Bronx apartment.

Two co-defendants, John Santos and Kevin Brito, previously pleaded guilty.  John Santos was sentenced to 121 months’ imprisonment on January 18, 2019.  Kevin Brito is awaiting sentencing.

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorney Ryan C. Harris is in charge of the prosecution.  

The Defendant:

ROBERT SANTOS
Age:  40
Bronx, New York

E.D.N.Y. Docket No. 17-CR-147

Earlier today, defendant Steven Bynum was arrested and charged with firing a handgun into a group of people in furtherance of a drug distribution conspiracy on September 10, 2017, when he shot a pregnant innocent bystander in the head during a drug dispute.  Bynum’s initial appearance is scheduled for this afternoon before United States Magistrate Judge Peggy Kuo.  If convicted of the charges, Bynum faces up to life imprisonment.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.

“As alleged in the complaint, Bynum showed no regard for human life when he opened fire in the middle of the day on a group of people standing on Dean Street in Brooklyn, severely wounding a pregnant bystander,” stated United States Attorney Donoghue.  “The Eastern District will continue working tirelessly with our local and federal partners to hold violent drug traffickers responsible for their activities that put the entire community in danger.”

“As alleged, Bynum committed a brazen act of violence that showed a reckless disregard for his fellow citizens,” stated ATF Special Agent-in-Charge Devito.  “He is an example of the type of violent individual that presents a clear and present danger to the law abiding people in the community. The ATF-NYPD Joint Robbery Task Force stands committed to protecting the public from individuals like Bynum that spread violence and fear in their community. I would like to thank the United States Attorney’s Office for their work on this case.”

“Gun violence has no place in New York City. In working to reduce crime past already record-lows in New York City, the NYPD is relentless in our pursuit of the relatively small percentage of the population driving the violence and disorder. I commend the NYPD detectives, U.S. Attorney for the Eastern District, and the members of ATF, involved in this investigation whose work resulted in this arrest. Together, we are making the safest large city in America even safer,” stated NYPD Commissioner O’Neill.

According to the complaint, on September 10, 2017 at 12:40 p.m., Bynum was driving a silver Nissan Altima when he fired shots toward a group of people standing in front of 2065 Dean Street in Brownsville.  A bystander, who was five-months pregnant at the time, was shot in the head, but survived.  A witness to the shooting told members of law enforcement that Bynum was attempting to murder another individual in the group because of a dispute over drugs.

The charges announced today are merely allegations, and the defendant is presumed innocent unless and until proven guilty. 

The government’s case is being handled by the Office’s International Narcotics & Money Laundering Section.  Assistant United States Attorneys Tyler J. Smith and Francisco J. Navarro are in charge of the prosecution.

The Defendant:

STEVEN BYNUM (also known as “Nitty”)
Age:  37
Brooklyn, New York

E.D.N.Y. Docket No. 18-MJ-427

Earlier today, at the federal courthouse in Brooklyn, Tea Kaganovich and Ramazi Mitaishvili, the co-owners of diagnostic testing facilities in Brooklyn, each pleaded guilty to one count of health care fraud and one count of conspiracy to defraud the lawful functions of the Internal Revenue Service (IRS). The pleas took place before United States Magistrate Judge Steven M. Gold.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General, New York Region (HHS-OIG), and Jonathan D. Larsen, Acting Special Agent-in-Charge, IRS Criminal Investigation (IRS-CI), announced the guilty pleas.

Kaganovich and Mitaishvili, a married couple, were the co-owners of several diagnostic testing facilities, including Sophisticated Imaging Inc., East Coast Diagnostics Inc., East Shore Diagnostics Inc., East West Management Inc. and RM Global Health Inc.  As part of their guilty pleas, Kaganovich and Mitaishvili admitted that they submitted fraudulent health care claims for diagnostic testing services.  The defendants admitted that they paid approximately $18.5 million in kickbacks for the referral of beneficiaries who submitted themselves to diagnostic testing and other purported medical services.  Kaganovich and Mitaishvili falsely reported to the IRS that the illegal kickback payments were legitimate business expenses, which caused relevant tax forms to falsely under-report business income and claim deductions.      

The FBI, HHS-OIG and IRS-CI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of New York.  Trial Attorneys Debra Jaroslawicz and Sarah Wilson Rocha of the Fraud Section are prosecuting the case.  Assistant United States Attorney Tanisha Payne of the Eastern District of New York’s Civil Division is handling the forfeiture matters.         

The Medicare Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.

The Defendants:

TEA KAGANOVICH
Age: 47
Brooklyn, New York

RAMAZI MITAISHVILI
Age: 58
Brooklyn, New York

E.D.N.Y. Docket No. 17-CR-649 (MKB)

Two New York diagnostic testing facility owners pleaded guilty today for their roles in a more than $18.5 million health care fraud scheme.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue of the Eastern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office, Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) New York Region and Acting Special Agent in Charge Jonathan Larsen of IRS Criminal Investigation (IRS-CI) New York made the announcement.

Tea Kaganovich, 47, and Ramazi Mitaishvili, 58, a married couple, both of Brooklyn, New York, each pleaded guilty to one count of health care fraud and one count of conspiracy to defraud the lawful functions of the IRS before U.S. Magistrate Judge Steven M. Gold of the Eastern District of New York.  Sentencing has been scheduled for July, 18, 2019, before U.S. District Judge Margo K. Brodie of the Eastern District of New York.  

The defendants were the co-owners of several diagnostic testing facilities in Brooklyn, including Sophisticated Imaging Inc., East Coast Diagnostics Inc., East Shore Diagnostics Inc., East West Management Inc. and RM Global Health Inc. As part of their guilty pleas, Kaganovich and Mitaishvili admitted that they executed a scheme in which they submitted fraudulent health care claims for diagnostic testing services.  The defendants admitted that they paid approximately $18.5 million in kickbacks for the referral of beneficiaries who submitted themselves to diagnostic testing and other purported medical services. Kaganovich and Mitaishvili falsely reported to the IRS that the illegal kickback payments were legitimate business expenses, which caused relevant tax forms to falsely under-report business income and claim deductions, they further admitted.

The FBI, HHS-OIG and IRS-CI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of New York.  Trial Attorneys Debra Jaroslawicz and Sarah Wilson Rocha of the Fraud Section are prosecuting the case.  Assistant U.S. Attorney Tanisha Payne is handling the forfeiture in the case.

The Medicare Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS-OIG to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. 

Earlier today, at the federal courthouse in Brooklyn, Kevin Paniagua, a member of the Centrales Locos Salvatruchas (CLS) clique of La Mara Salvatrucha, also known as MS-13, a transnational criminal organization, was sentenced by United States District Judge Roslynn R. Mauskopf to 308 months in prison for the October 23, 2016 attempted murder of a 16-year-old victim suspected of being a member of the rival 18th Street gang.  Paniagua pleaded guilty to the charges in June 2018.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentence.

“With today’s sentence, Paniagua has been held responsible for wanton violence he committed on behalf of of the MS-13 gang that left a teenager paralyzed,” stated United States Attorney Donoghue.  “The Department of Justice and its law enforcement partners will continue working tirelessly to eradicate the MS-13 and all gangs that threaten the safety of our communities.”

“These gangs require violence of new recruits, and Mr. Paniagua did all he could to live up to their dangerous and warped initiation process.  Our communities get caught in the middle of these deadly attacks and fear the harm that could come from stray bullets intended for a rival gang,” stated FBI Assistant Director-in-Charge Sweeney.  “The FBI New York Metro Safe Streets Task Force won't rest until we stop these criminal organizations from filling their ranks with members willing to kill for acceptance.” 

“Gang violence will not be tolerated, and the message of this sentencing is clear – the NYPD and our law enforcement partners will hold responsible any violent gang members such as MS-13 for their criminal acts.  I thank our colleagues at the Eastern District and the FBI for their unceasing professionalism and dedicated work in removing from our streets anyone who would commit crime and disorder,” stated NYPD Commissioner O’Neill.

In the early morning hours of October 23, 2016, Paniagua and his co-conspirators confronted the victim in Jamaica, Queens.  There, they punched and kicked him, and Paniagua pulled out a handgun and shot the victim in the face.  Paniagua then attempted to shoot the victim a second time as he lay on the sidewalk, but the gun jammed.  The victim is a paraplegic as a result of the attack. 

Today’s sentencing is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of MS-13, a violent international criminal organization.  MS-13’s leadership is based in El Salvador and Honduras, and the gang has thousands of members across the United States, comprised primarily of immigrants from Central America.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York.  A majority of those gang members have been convicted of federal racketeering charges for participating in murders, attempted murders and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district, and has convicted dozens of MS-13 leaders and members in connection with those murders.  These prosecutions are the product of investigations led by our law enforcement partners, including the FBI’s Safe Streets Task Force, comprising agents and officers of the FBI and NYPD.

The government’s case is being handled by the Office’s Organized Crime & Gang Section.  Assistant United States Attorney Nadia Moore is in charge of the prosecution.

The Defendant:

KEVIN PANIAGUA
Age:  20
Queens, New York

E.D.N.Y. Docket No. 17-CR-307 (RRM)

Earlier today, in federal court in Brooklyn, Michael Crumble was sentenced by United States District Judge Allyne R. Ross to nine years’ imprisonment for kidnapping conspiracy, kidnapping and committing physical violence in furtherance of an extortion relating to the December 2017 abduction, assault and extortion of a victim.  On May 3, 2019, co-defendant Ramell Markus was sentenced to 15 years’ imprisonment for his role in the same crimes.  The defendants were convicted by a federal jury in May 2018 following a one-week trial.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentences.

 “The defendants were seeking cash and drugs when they brutally assaulted the victim, but what they ultimately received as a result of their vicious conduct were lengthy prison sentences,” stated United States Attorney Donoghue.  “I commend our FBI and NYPD partners in the New York City Safe Streets Task Force for their outstanding investigative work in this case.”

“The primary mission of the NYPD and our law enforcement partners is to arrest, prosecute, and send away with a meaningful prison sentence anyone who commits violent crime, and instills fear in New Yorkers through their criminal actions,” stated NYPD Commissioner O’Neill.  “I want to thank the Eastern District and the investigators from the FBI and NYPD who worked on this case. Their hard work helps ensure that those who engage in serious crimes like kidnapping, extortion and assault will face justice.”

On December 17, 2017, Crumble, Markus, and a co-conspirator kidnapped the victim outside his residence in Queens and forced him into a vehicle.  Markus pistol-whipped the victim in a futile attempt to force him to give up narcotics believed to be in the victim’s home.  The defendants and their co-conspirator then drove the victim to another location in Brooklyn, and during the next several hours tortured him – smashing a glass into his face and burning his arms with a hot iron – until the drugs and cash were given to them. 

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Keith D. Edelman and Lindsay K. Gerdes are in charge of the prosecution. 

The Defendants:

MICHAEL CRUMBLE
Age:  35
Residence: Brooklyn, New York,

RAMELL MARKUS (also known as “Rah,” “Dollah” and “Smooth”)
Age:  36
Residence: Brooklyn, New York

E.D.N.Y. Docket No. 18-CR-32 (ARR)

A criminal complaint was unsealed today in federal court in Brooklyn charging Nalerton Charles, also known as “Lite,” with conspiring to distribute and distributing more than 40 grams of fentanyl and heroin in Staten Island, New York.  Charles was arrested earlier today and is scheduled to be arraigned this afternoon before United States Magistrate Judge Peggy Kuo.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.  

 “As alleged, Charles sold heroin laced with fentanyl, and on occasion fentanyl alone, without regard for the potentially deadly consequences of the narcotics to users,” stated United States Attorney Donoghue.  “This Office will continue to work tirelessly with our law enforcement partners to save lives by arresting and prosecuting those who contribute to the opioid epidemic by pushing these dangerous drugs.”

“This arrest underscores the dangers posed by opioid traffickers,” said DEA Special Agent-in-Charge Donovan.  “Fentanyl is the leading killer among street drugs because of its fatal potency of 2-3 milligrams. Every time you use, you put your life in the hands of a drug dealer.  Law enforcement’s tireless effort to safeguard our communities from drug traffickers will continue.”

“Anyone who deals in illegal narcotics, including opioids, should understand that the nation’s best investigators will stop at nothing to fight crime, target traffickers, and keep safe everyone we serve,” stated NYPD Commissioner O’Neill.  “I would like to thank the U.S. Attorney for the Eastern District, the DEA, and the investigators involved in this investigation for their efforts which resulted in this arrest.”

As alleged in the complaint, between July 2018 and April 2019, Charles sold at least 40 grams of fentanyl and heroin laced with fentanyl.  On September 9, 2018, a 43-year-old individual (Victim-1) died of a drug-related overdose at his residence on Staten Island.  Drug packaging found near Victim-1’s body was consistent with the packaging that Charles used for the narcotics he sold.  Law enforcement officers obtained video from surveillance cameras outside Victim-1’s residence recorded shortly before his death.  The video showed Victim-1 and Charles together.  On April 23, 2019, a 29-year-old individual (Victim-2) died of a drug-related overdose at his residence on Staten Island.   A search of Victim-2’s phone revealed text messages between Charles and Victim-2.  On the morning of Victim-2’s death, he texted Charles, “Is it mix w fentonal…Just wanna know to be careful”.  Shortly before Victim-2’s body was discovered, Charles texted Victim-2: “U good”. 

Additionally, Charles sold pure fentanyl to a confidential source and an undercover NYPD officer in doses that could have been lethal if consumed.

According to the Centers for Disease Control and Prevention (CDC) and the Department of Justice, drug overdoses have become the leading cause of death for Americans under the age of 50.  The increase in overdose deaths has been driven in large part by fentanyl ­­– a drug that has been described as 50 to 100 times more potent than morphine.  In New York, from 2014 to 2015, fentanyl overdose deaths rose 135 percent, while heroin overdose deaths rose 28 percent.  According to the CDC, in 2016 synthetic opioid overdose deaths — which include fentanyl — more than doubled from 9,580 in 2015 to 19,413.   

The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted, the defendant faces a mandatory minimum sentence of five years’ imprisonment and up to 40 years’ imprisonment.

The government’s case is being prosecuted by Department of Justice Trial Attorney Miriam L. Glaser Dauermann of the Criminal Division’s Fraud Section under the supervision of the U.S. Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section. 

The Defendant:

NALERTON CHARLES (also known as “Lite”)
Age: 38
Staten Island, New York

E.D.N.Y. Docket No. 19-MJ-418

A Malaysian national, Ng Chong Hwa, 46, also known as “Roger Ng,” has been extradited from Malaysia to the United States to face charges of conspiring to launder billions of dollars embezzled from 1Malaysia Development Berhad (1MDB), Malaysia’s investment development fund, conspiring to violate the Foreign Corrupt Practices Act (FCPA) by paying bribes to multiple government officials in Malaysia and Abu Dhabi, and conspiring to violate the FCPA by circumventing the internal accounting controls of a major New York-headquartered financial institution (Financial Institution).

Assistant Attorney General Brian A. Benczkowski of the U.S. Department of Justice’s Criminal Division, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director in Charge William F. Sweeney Jr., of the FBI’s New York Field Office and Acting Special Agent in Charge Ryan L. Korner of the IRS Criminal Investigation (CI), Los Angeles Field Office announced the extradition.

In a three-count indictment unsealed last year, Ng, of Kuala Lumpur, Malaysia, was charged with crimes he allegedly committed while employed as a Managing Director at the Financial Institution, which underwrote more than $6 billion in bonds issued by 1MDB in three separate bond offerings in 2012 and 2013.  Ng was arrested in Malaysia on Nov. 1, 2018, pursuant to a provisional arrest warrant issued at the request of the United States, later waived extradition to the United States, and is scheduled to make his first appearance today before U.S. Magistrate Judge Peggy Kuo in federal court in Brooklyn, New York. 

As alleged in the indictment, between approximately 2009 and 2014, Ng conspired with others to launder billions of dollars misappropriated and fraudulently diverted from 1MDB, including funds 1MDB raised in 2012 and 2013 through three bond transactions 1MDB executed with the Financial Institution.  As part of the scheme, Ng and others conspired to bribe government officials in Malaysia and Abu Dhabi to obtain and retain lucrative business for the Financial Institution, including the 2012 and 2013 bond deals.  They further conspired to launder the proceeds of their criminal conduct through the U.S. financial system.

Court filings further allege that Ng, Low Taek Jho, also known as  “Jho Low,” and the co-conspirators used co-defendant Low’s close relationships with high-ranking government officials in Malaysia and Abu Dhabi to obtain and retain business for the Financial Institution through the promise and payment of hundreds of millions of dollars in bribes.  In the course of executing the scheme, Ng and others at the Financial Institution conspired to circumvent the Financial Institution’s internal accounting controls.  Through its work for 1MDB during that time, the Financial Institution received approximately $600 million in fees and revenues along with increased reputational prestige.  At the same time, Ng and other co-conspirators at the Financial Institution received large bonuses and enhanced their own reputations at the Financial Institution.  In total, more than $2.7 billion was misappropriated from the 1MDB bond proceeds.  Low remains at large.

The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The investigation was jointly conducted by the FBI’s International Corruption Unit and IRS-CI.  The government’s criminal case is being handled by the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) and Fraud Section and the Business and Securities Fraud Section of the U.S. Attorney’s Office for the Eastern District of New York.  MLARS Trial Attorneys Jennifer E. Ambuehl, Woo S. Lee, Mary Ann McCarthy and Kyle Freeny, Fraud Section Trial Attorneys Katherine A. Nielsen and Nikhila Raj and Assistant U.S. Attorneys Jacquelyn M. Kasulis, Alixandra E. Smith and Drew G. Rolle are prosecuting the case.  The Criminal Division’s Office of International Affairs provided critical assistance in this case.  Additional Criminal Division Trial Attorneys and Assistant U.S. Attorneys within U.S. Attorney’s Offices for the Eastern District of New York and Central District of California have provided valuable assistance with various aspects of this investigation, including with civil and criminal forfeitures. 

The Department also appreciates the significant cooperation and assistance provided by the U.S. Securities and Exchange Commission, and the Board of Governors of the Federal Reserve System along with the Federal Reserve Bank of New York.  The Department also appreciates the significant assistance provided by the government of Malaysia, including the Attorney General’s Chambers of Malaysia, the Royal Malaysia Police and NCB Interpol Malaysia.  The Department also appreciates the significant assistance provided by the Attorney General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Division, the Office of the Attorney General of Switzerland, the Judicial Investigating Authority of the Grand Duchy of Luxembourg and the Criminal Investigation Department of the Grand-Ducal Police of Luxembourg.

The International Unit of the Criminal Division’s MLARS is home to the Kleptocracy Asset Recovery Initiative—a team of dedicated prosecutors working to prosecute individuals and forfeit the proceeds of foreign official corruption that has affected the U.S. financial system and, where appropriate, return those proceeds to benefit the people harmed by these acts of corruption and abuse of office.  MLARS’s Bank Integrity Unit investigates and prosecutes banks and other financial institutions, including their officers, managers, and employees, whose actions threaten the integrity of the individual institution or the wider financial system.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters.  Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to kleptocracy@usdoj.gov.

BROOKLYN, NY – Ng Chong Hwa, also known as “Roger Ng,” a citizen of Malaysia, has been extradited to the United States from Malaysia to face charges of conspiring to launder billions of dollars embezzled from 1Malaysia Development Berhad (1MDB), Malaysia’s investment development fund, conspiring to violate the Foreign Corrupt Practices Act (FCPA) by paying bribes to multiple government officials in Malaysia and Abu Dhabi, and conspiring to violate the FCPA by circumventing the internal accounting controls of a major New York-headquartered financial institution (Financial Institution). In a three-count indictment unsealed last year, Ng, was charged with crimes he allegedly committed while employed as a Managing Director at the Financial Institution, which underwrote more than $6 billion in bonds issued by 1MDB in three separate bond offerings in 2012 and 2013.  Ng was arrested in Malaysia on November 1, 2018, pursuant to a provisional arrest warrant issued at the request of the United States, later waived extradition to the United States, and is scheduled to be arraigned today before U.S. Magistrate Judge Peggy Kuo in federal court in Brooklyn, New York. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian A. Benczkowski, Assistant Attorney General of the Department of Justice’s Criminal Division, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Ryan L. Korner, Acting Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, Los Angeles Field Office (IRS-CI), announced the extradition.

 As set forth in the indictment, between approximately 2009 and 2014, Ng conspired with others to launder billions of dollars misappropriated and fraudulently diverted from 1MDB, including funds 1MDB raised in 2012 and 2013 through three bond transactions it executed with the Financial Institution.  As part of the scheme, Ng and others conspired to bribe government officials in Malaysia and Abu Dhabi to obtain and retain lucrative business for the Financial Institution, including the 2012 and 2013 bond deals.  They also conspired to launder the proceeds of their criminal conduct through the U.S. financial system by funding major Hollywood films and purchasing, among other things, artwork from a New York-based auction house and luxury residential real estate in New York City and elsewhere. 

As alleged, Ng, co-defendant Low Taek Jho (also known as “Jho Low”), and their co-conspirators used Low’s close relationships with high-ranking government officials in Malaysia and Abu Dhabi to obtain and retain business for the Financial Institution through the promise and payment of hundreds of millions of dollars in bribes.  In the course of executing the scheme, Ng and others at the Financial Institution conspired to circumvent the Financial Institution’s internal accounting controls. Through its work for 1MDB during that time, the Financial Institution received approximately $600 million in fees and revenues along with increased reputational prestige.  At the same time, Ng and other co-conspirators at the Financial Institution received large bonuses and enhanced their own reputations at the Financial Institution.  In total, Ng and the other co-conspirators misappropriated more than $2.7 billion from 1MDB.  Low remains at large.

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

The investigation was jointly conducted by the FBI’s International Corruption Unit and IRS-Criminal Investigation.  The government’s criminal case is being handled by the Business and Securities Fraud Section of the United States Attorney’s Office for the Eastern District of New York and the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) and Fraud Section.  Assistant United States Attorneys Jacquelyn M. Kasulis, Alixandra E. Smith and Drew G. Rolle and Trial Attorneys Jennifer E. Ambuehl, Woo S. Lee, Kyle Freeny, Mary Ann McCarthy, Katherine A. Nielsen and Nikhila Raj are prosecuting the case.  The Criminal Division’s Office of International Affairs provided critical assistance in this case.  Additional Criminal Division Trial Attorneys and Assistant U.S. Attorneys within U.S. Attorney’s Offices for the Eastern District of New York and Central District of California have provided valuable assistance with various aspects of this investigation, including with civil and criminal forfeitures. 

The Department also appreciates the significant cooperation and assistance provided by the U.S. Securities and Exchange Commission, and the Board of Governors of the Federal Reserve System along with the Federal Reserve Bank of New York.  The Department also appreciates the significant assistance provided by the government of Malaysia, including the Attorney General’s Chambers of Malaysia, the Royal Malaysia Police and NCB Interpol Malaysia.  The Department also appreciates the significant assistance provided by the Attorney General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Division, the Office of the Attorney General of Switzerland, the Judicial Investigating Authority of the Grand Duchy of Luxembourg and the Criminal Investigation Department of the Grand-Ducal Police of Luxembourg.

The Defendant:

NG CHONG HWA
Age: 51
Kuala Lumpur, Malaysia

E.D.N.Y. Docket No. 18-CR-538 (MKB)

Martin Tesher, a former family medical doctor, was sentenced today by United States District Judge Raymond J. Dearie to 20 years’ imprisonment for nine counts of unlawful distribution of oxycodone without a legitimate medical purpose and one count of unlawful distribution of oxycodone and fentanyl that resulted in the death of a patient.  The Court also ordered Tesher to pay $3,700 in restitution and forfeit $2,725 in criminal proceeds.  Tesher was convicted by a federal jury in July 2018 following a nearly two-week trial.    

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the sentence.

Between June 2013 and January 2017, Tesher prescribed oxycodone tablets and fentanyl patches without a legitimate medical purpose to five patients after learning, or had reason to believe, that these patients were addicted to drugs.  None of these patients had verified medical conditions that would require the prescription of Schedule II opioids.  While under Tesher’s care, Nicholas Benedetto, 27, tested positive for cocaine, heroin, methadone, oxycodone and fentanyl.  Nonetheless, Tesher prescribed oxycodone and fentanyl patches for Benedetto.  On March 5, 2016, Benedetto was found dead of a fatal combination of oxycodone and fentanyl, two days after he had been prescribed those drugs by Tesher.    

“In the midst of an unprecedented opioid epidemic, Dr. Tesher used his medical skills to harm, not heal and in doing so he cost a young man his life,” stated United States Attorney Donoghue.  “Such criminal conduct is an utter betrayal of the trust our society places in doctors and it warrants the severe sentence imposed today.”

 “Today’s sentence demonstrates how DEA, EDNY and their many law enforcement partners have come full circle to eliminate the threat of rogue doctors, like Tesher who posed a threat to the public health of the citizens of New York City, Staten Island, and beyond,” stated DEA Special Agent-in-Charge Donovan.  “DEA and its law enforcement partners will continue to seek justice for patients like Nicholas Benedetto, as well as the countless other families and friends who have suffered greatly at the hands of this opioid epidemic.”

The government’s investigation was led by the DEA’s Long Island Tactical Diversion Squad, comprising agents and officers of the DEA, Internal Revenue Service, Nassau County Police Department (NCPD), Suffolk County Police Department (SCPD), Port Washington Police Department and Rockville Centre Police Department.  The DEA Tactical Diversion Squad also worked in conjunction with officers and agents of the New York City Police Department (NYPD), Criminal Enterprise Investigations, the Department of Health & Human Services, Office of Inspector General and NCPD’s Asset Forfeiture and Intelligence Bureau. 

This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative.  In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the NCPD and SCPD, the NYPD and the New York State Police, along with other key federal, state and local government partners, launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Centers for Disease Control and Prevention called an epidemic increase in the abuse of so-called opioid analgesics.  To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 20 health care professionals; taken civil enforcement actions against a hospital, a pharmacy and pharmacy chain; removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers.  The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorneys Jennifer M. Sasso and Penelope Brady are in charge of the prosecution.

The Defendant:

DR. MARTIN TESHER
Age:  83
Manhattan, New York

E.D.N.Y. Docket No. 17-CR-523 (RJD)

Earlier today in federal court in Brooklyn, an indictment was returned charging Anton P. Bogdanov, a citizen of Russia, with wire fraud conspiracy, aggravated identity theft and computer intrusion in connection with a scheme in which he and others used stolen personal information to file federal tax returns and fraudulently obtain more than $1.5 million in tax refunds from the Internal Revenue Service.   

Bogdanov was arrested on Phuket, Thailand, on November 28, 2018 pursuant to a provisional arrest request.  He was extradited to the United States in March 2019.  Bogdanov will be arraigned at a later date.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Jonathan D. Larsen, Acting Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI), announced the charges.

 “As alleged in the indictment, Bogdanov and his co-conspirators combined sophisticated computer hacking and identity theft with old-fashioned fraud to steal more than $1.5 million from the U.S. Treasury,” stated United States Attorney Donoghue.  “This Office, together with our law enforcement partners, will use all our available resources to target and bring cybercriminals to justice, wherever they are.” 

“In the digital age, many of us either fear having our personal information stolen, or have had it stolen.  This investigation revealed a major scheme to defraud the federal government and victimize tax payers.  Mr. Bogdanov allegedly thought he could escape justice by hiding outside of our jurisdiction, but working together with our international partners, the FBI has the ability to capture and extradite criminals for their day in court,” stated FBI Assistant Director-in-Charge Sweeney.

"IRS-CI special agents remain committed to working closely with our law enforcement partners around the globe in bringing these cybercriminals to justice," stated IRS-CI Acting Special Agent-in-Charge Larsen.

Between June 2014 and November 2016, Bogdanov and his co-conspirators misappropriated personally identifiable information (“PII”), such as Social Security numbers and dates of birth of identity theft victims, by gaining unauthorized access to the computer systems of private tax preparation firms in the United States.  They then changed the information on the tax returns so that the refunds were paid to prepaid debit cards that he and his co-conspirators controlled.  Bogdanov and his co-conspirators also used misappropriated PII to obtain prior tax filings of victims from an IRS website, and filed new tax returns, purportedly on behalf of the victims, so that refunds were paid to prepaid debit cards under their control.   The debit cards were cashed out in the United States, and a percentage of the proceeds was wired to Bogdanov in Russia.  Since discovering this scheme, the IRS has added additional layers of security to its website.

If convicted of the charges, Bogdanov faces up to 27 years’ imprisonment.

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States Attorneys Michael T. Keilty and Jonathan E. Algor are in charge of the prosecution.   

The Justice Department’s Office of International Affairs, the FBI’s Legal Attaché abroad and foreign authorities provided critical assistance in securing and coordinating Bogdanov’s arrest and extradition.  The Office extends its appreciation to the Royal Thai Police, particularly the Crime Suppression Division, and the FBI’s Legal Attaché for their assistance in apprehending the defendant.

The Defendant:

ANTON P. BOGDANOV (also known as “Kusok”)
Age:  33
Russia

E.D.N.Y. Docket No. 19-CR-197 (MKB)

A complaint was unsealed today in federal court in Brooklyn charging Akmal Narzikulov and Sherzod Mukumov with kidnapping.  Narzikulov and Mukumov were arrested this morning, and are scheduled to make their initial appearances this afternoon before United States Magistrate Judge Vera M. Scanlon.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges. 

“As alleged, seeking to collect a debt, Narzikulov and Mukumov, kidnapped the victim off the street in Brooklyn and forced him to open a bank account and give them money,” stated United States Attorney Donoghue.  “Now, this Office and our FBI partners will ensure that these defendants pay their debt to society.”

 “Narzikulov and Mukumov set out to settle a debt by allegedly kidnapping and assaulting their victim. There’s no place in society for those who handle conflict in this way. Because of their alleged conduct, they will now face serious consequences,” stated FBI Assistant Director-in-Charge Sweeney. 

The charged abduction was motivated by an attempt to recover a debt purportedly owed to Narzikulov by the victim.  On the morning of March 28, 2019, Narzikulov and Mukumov, along with a third co-defendant who has not been apprehended, assaulted the victim outside an apartment building in Brooklyn.  While the victim was clinging to the front door of the building, he felt multiple shocks that were administered from a device that the third individual was holding and lost consciousness.     

The victim regained consciousness inside a vehicle with his hands bound.  The defendants took the victim to the deserted area of a parking garage where they stripped off his clothes, and took his telephone and other personal items.  The defendants later drove the victim to a bank where they forced him to open an account and write them a check in partial payment of the debt.  The victim was released later that day, but Narzikulov kept the victim’s phone, driver’s license, green card and bank card.

The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty. 

If convicted of all counts, Narzikulov and Mukumov face a maximum of life imprisonment.   

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorneys Michael H. Warren and Virginia Nguyen are in charge of the prosecution.

The Defendants:

AKMAL NARZIKULOV
Age:  34 
Brooklyn, New York

SHERZOD MUKUMOV
Age:  26
Brooklyn, New York

E.D.N.Y. Docket No. 19-MJ-358

Earlier today, in federal court in Brooklyn, Djevair Ametovski, a Macedonian citizen, was sentenced by United States District Judge Eric N. Vitaliano to 90 months’ imprisonment after previously pleading guilty to access device fraud and aggravated identity theft.  Those crimes related to Ametovski’s operation of “Codeshop,” a website he created for the sole purpose of selling stolen credit and debit card data, bank account credentials and personal identification information.  Judge Vitaliano also ordered the defendant to forfeit $250,000 and to pay restitution in an amount to be determined by the Court at a later date.  Ametovski was arrested in Ljubljana, Slovenia, in January 2014, and was extradited to the United States in May 2016.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and David E. Beach, Special Agent-in-Charge, United States Secret Service, New York Field Office (USSS), announced the sentence.

“Ametovski and his co-conspirators were merchants of crime, stealing victims’ information and selling that information to other criminals,” stated United States Attorney Donoghue.  “This Office and our law enforcement partners will tirelessly pursue cybercriminals who seek to profit at others’ expense.”  Mr. Donoghue thanked the Slovenian Ministry of the Interior and Ministry of Justice, the United States Marshals Service, the U.S. Department of State Regional Security Officers in Slovenia and the Netherlands, and the Justice Department’s Office of International Affairs, for their assistance with the investigation and prosecution of the defendant. 

“The sentencing of this transnational cybercriminal emphasizes the commitment of the Secret Service to disrupt and dismantle global criminal networks,” stated USSS Special Agent-in-Charge Beach.  “The Secret Service will continue to work closely with our network of law enforcement partners to dismantle criminal enterprises seeking to victimize innocent people, regardless of geographic distance or borders.”                    

Ametovski and his co-conspirators operated Codeshop between August 2010 and January 2014, victimizing hundreds of thousands of individuals around the world by hacking into the computer databases of financial institutions and other businesses and through “phishing” scams designed to induce accountholders to unwittingly surrender private identification information.  They packaged this stolen data for sale and posted it on the Codeshop website, a fully indexed and searchable website that allowed users to search by bank identification number, financial institution, country, state and card brand to find the data they wanted.  The stolen data could then be used to make online purchases and to encode plastic cards to withdraw cash at ATMs.  Ametovski used a network of online money exchangers and anonymous digital currencies, including Bitcoin, to reap revenues from the Codeshop website and to conceal all participants’ identities, including his own.  Over the course of the scheme, Ametovski obtained and sold stolen credit and debit card data for more than 1.3 million cards.                  

The government’s case is being handled by the Office’s National Security & Cybercrime Section.  Assistant United States Attorneys Saritha Komatireddy and David K. Kessler are in charge of the prosecution. 

The Defendant:

DJEVAIR AMETOVSKI (also known as “xhevo,” “codeshop,” “sindrom” and “sindromx”)
Age: 32

E.D.N.Y. Docket No. 16-CR-409 (ENV)

Earlier today, in federal court in Brooklyn, New York, Ying Lin pleaded guilty to acting as an agent of the People’s Republic of China (PRC), without notification to the Attorney General, by working at the direction and control of military officers assigned to the Permanent Mission of the People’s Republic of China to the United Nations.  Lin, a former manager with an international air carrier headquartered in the PRC (the Air Carrier), abused her privileges to transport packages from John F. Kennedy International Airport (JFK Airport) to the PRC aboard Air Carrier flights at the behest of the PRC military officers and in violation of Transportation Security Administration (TSA) regulations.  The proceeding was held before United States District Judge Ann M. Donnelly.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr of the FBI’s New York Field Office, and Special Agent in Charge Angel M. Melendez, Department of Homeland Security, Homeland Security Investigations (HSI) announced the guilty plea.

“This case is a stark example of the Chinese government using the employees of Chinese companies doing business here to engage in illegal activity,” said Assistant Attorney General Demers.  “Covertly doing the Chinese military’s bidding on U.S. soil is a crime, and Lin and the Chinese military took advantage of a commercial enterprise to evade legitimate U.S. government oversight.”

“The defendant’s actions as an agent of the Chinese government helped Chinese military officers to evade U.S. law enforcement scrutiny of packages that they sent from New York to Beijing,” stated United States Attorney Donoghue.  “This case demonstrates how seriously we address counterintelligence threats posed by individuals in the United States who work for foreign governments, such as China.” 

“The FBI and our law enforcement partners do all we can every day to protect this country from the threats we can see, and we work even harder to find the threats we can’t see,” said FBI Assistant Director-in-Charge Sweeney.  “Ms. Lin was secreting packages through some of the country's busiest airports, using her work with the Chinese government to thwart our security measures.  We believe this case isn’t unique and hope it serves as an example that the Chinese and other foreign governments can't break our laws with impunity.”

“Lin’s criminal actions exploited the international boundary of the United States as she used her position to smuggle packages onto planes headed to China,” said HSI Special Agent-in-Charge Melendez. “We are committed to ensuring the integrity of our international airports so they are not used as a front for illicit activities.”

Lin worked for the Air Carrier from 2002 through the fall of 2015 as a counter agent at JFK Airport and from the fall of 2015 through April 2016 as the station manager at Newark Liberty International Airport.  During her employment with the Air Carrier, Lin accepted packages from the PRC military officers, and placed those packages aboard Air Carrier flights to the PRC as unaccompanied luggage or checked in the packages under the names of other passengers flying on those flights.  As the PRC military officers did not travel on those flights, Lin’s actions were contrary to a security program that required that checked baggage be accepted only from ticketed passengers, thereby violating TSA regulations.  In addition, Lin encouraged other Air Carrier employees to assist the PRC military officers, instructing those employees that because the Air Carrier was a PRC company, their primary loyalty should be to the PRC.

In exchange for her work at the direction and under the control of PRC military officers and other PRC government officials, Lin received benefits from the PRC Mission and PRC Consulate in New York.  These benefits included tax-exempt purchases of liquor, cigarettes and electronic devices worth tens of thousands of dollars.  These benefits also included free contracting work at the defendant’s two residences in Queens, New York, by PRC construction workers who were permitted under the terms of their visas to work only on PRC government facilities.

When sentenced, Lin faces up to 10 years’ imprisonment.  As part of the guilty plea, Lin agreed to forfeit approximately $25,000 as well as an additional $145,000 in connection with her resolution of the government’s forfeiture verdict in United States v. Zhong, No. 16-CR-614 (AMD).

Mr. Demers and Mr. Donoghue expressed their appreciation to the Transportation Security Administration for their assistance on the case.  The government’s case is being handled by the National Security and Cybercrime Section.  Assistant United States Attorneys Douglas M. Pravda, Alexander A. Solomon, Ian C. Richardson and Sarah M. Evans are in charge of the prosecution, with assistance from Trial Attorney Matthew R. Walczewski of the Department of Justice’s Counterintelligence and Export Control Section.  The forfeiture aspect of the case is being handled by EDNY Assistant United States Attorney Brian Morris of the Office’s Civil Division.

Earlier today, in federal court in Brooklyn, Ying Lin pleaded guilty to acting as an agent of the People’s Republic of China (PRC), without notification to the Attorney General, by working at the direction and control of military officers assigned to the Permanent Mission of the People’s Republic of China to the United Nations.  Lin, a former manager with an international air carrier headquartered in the PRC (the Air Carrier), wrongly facilitated the transport of packages from John F. Kennedy International Airport (JFK Airport) to the PRC aboard Air Carrier flights at the behest of the PRC military officers and in violation of Transportation Security Administration (TSA) regulations.  The proceeding was held before United States District Judge Ann M. Donnelly.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, John C. Demers, Assistant Attorney General of the Justice Department’s National Security Division, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Angel M. Melendez, Special Agent-in-Charge, Department of Homeland Security, Homeland Security Investigations (HSI), announced the guilty plea.

“The defendant’s actions as an agent of the Chinese government helped Chinese military officers to evade U.S. law enforcement scrutiny of packages that they sent from New York to Beijing,” stated United States Attorney Donoghue.  “This case demonstrates how seriously we address counterintelligence threats posed by individuals in the United States who work for foreign governments, such as China.”  Mr. Donoghue expressed his grateful appreciation to the TSA for their assistance on the case.

“This case is a stark example of the Chinese government using the employees of Chinese companies doing business here to engage in illegal activity,” said Assistant Attorney General Demers.  “Covertly doing the Chinese military’s bidding on U.S. soil is a crime, and Lin and the Chinese military took advantage of a commercial enterprise to evade legitimate U.S. government oversight.”

“The FBI and our law enforcement partners do all we can every day to protect this country from the threats we can see, and we work even harder to find the threats we can’t see,” said FBI Assistant Director-in-Charge Sweeney.  “Ms. Lin was secreting packages through some of the country's busiest airports, using her work with the Chinese government to thwart our security measures.  We believe this case isn’t unique and hope it serves as an example that the Chinese and other foreign governments can't break our laws with impunity.”

 “Lin’s criminal actions exploited the international boundary of the United States as she used her position to smuggle packages onto planes headed to China,” said HSI Special Agent-in-Charge Melendez. “We are committed to ensuring the integrity of our international airports so they are not used as a front for illicit activities.”

Lin worked for the Air Carrier from 2002 through Fall 2015 as a counter agent at JFK Airport and from Fall 2015 through April 2016 as the station manager at Newark Liberty International Airport.  During her employment with the Air Carrier, Lin accepted packages from PRC military officers, and placed those packages aboard Air Carrier flights to the PRC as unaccompanied luggage or checked the packages under the names of other passengers on those flights.  Because the PRC military officers did not travel on those flights, Lin’s actions violated TSA regulations that required that checked baggage be accepted only from ticketed passengers.  In addition, Lin encouraged other Air Carrier employees to assist the PRC military officers, instructing them that because the Air Carrier was a PRC company, their primary loyalty should be to the PRC.

In exchange for her illegal acts, Lin received benefits from the PRC Mission and PRC Consulate in New York, including tax-exempt purchases of liquor, cigarettes and electronic devices worth tens of thousands of dollars, and free contracting work at her two residences in Queens, by PRC construction workers who were permitted under the terms of their visas to work only on PRC government facilities.

When sentenced, Lin faces up to 10 years’ imprisonment.  As part of the guilty plea, Lin agreed to forfeit approximately $25,000 as well as an additional $145,000 in connection with her resolution of the government’s forfeiture verdict in United States v. Zhong, No. 16-CR-614 (AMD).

The government’s case is being handled by the National Security and Cybercrime Section.  Assistant United States Attorneys Douglas M. Pravda, Alexander A. Solomon, Ian C. Richardson and Sarah Evans are in charge of the prosecution, with assistance from Trial Attorney Matthew R. Walczewski of the Department of Justice’s Counterintelligence and Export Control Section.  The forfeiture aspect of the case is being handled by Assistant United States Attorney Brian Morris of the Office’s Civil Division.

The Defendant:

YING LIN
Age:  48
Queens, New York

E.D.N.Y. Docket No. 15-CR-601 (AMD)

Earlier today, at the federal courthouse in Central Islip, Michael Smith, also known as “Bum Jew,” a high-ranking member of the Nine Trey Bloods street gang, was sentenced by United States District Judge Joseph F. Bianco to 20 years’ imprisonment for conspiracy to distribute crack cocaine, his participation in two shootings and possessing a firearm.  Smith had previously pleaded guilty on November 9, 2015.  

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.

“With today’s sentence, Smith has been held accountable for his ruthless conduct and for profiting from the human misery he perpetuated in Suffolk County by supplying crack to other Bloods gang members for re-sale as well as directly to addicts himself,” stated United States Attorney Donoghue.  “This Office, together with our law enforcement partners, will continue to work tirelessly to dismantle violent street gangs in our communities.”  Mr. Donoghue expressed his gratitude to the FBI’s Long Island Gang Task Force for their outstanding work on the case.    

“Michael Smith plagued Suffolk County with his distribution of this deadly drug to fellow dealers, gang members, and addicts,” stated FBI Assistant Director-in-Charge Sweeney.  “As if drug dealing wasn’t enough of a threat to the community, Smith then compounded this with his violent activity; involving himself in multiple shootings. Today’s sentencing not only brings Smith to justice, but also helps keep our community safe.”

According to court filings and statements made during the guilty plea, between January 2008 and January 2014, Smith utilized his leadership position within the Bloods to purchase, process and distribute kilograms of cocaine base in Suffolk County.  Smith sold narcotics to distribution-level drug dealers, some of whom were other Bloods gang members, and directly to drug users.  When distributing narcotics, Smith was typically armed with a gun.

On November 24,  2011, Smith engaged in a verbal dispute with one of his drug suppliers in front of a bar in Patchogue.  During the dispute, Smith shot the supplier in the chest.  On June 16, 2013, Smith and several fellow Bloods members drove to a home in Central Islip, where they confronted another Bloods member about his role in a prior shooting.  During the confrontation, Smith displayed a firearm and pointed it at the intended victim.  When a bystander restrained Smith, pointing out that there were many women and children present, Smith ordered a Bloods member to shoot the other Bloods member.  Both shooting victims survived their wounds.       

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Christopher C. Caffarone and Mark E. Misorek are in charge of the prosecution. 

The Defendant

MICHAEL SMITH (also known as “Bum Jew”)
Age: 33
Residence: Mastic, New York  

E.D.N.Y. Docket No. 14-CR-485 (S-3) (JFB)

Earlier today, in federal court in Brooklyn, the seventh and final defendant was sentenced in connection with a bribery conspiracy to smuggle narcotics and other contraband into New York City prisons.  Carl Noel, a former correction officer employed by the New York City Department of Correction, was sentenced today by United States District Judge Pamela K. Chen to six months’ home confinement for accepting bribes in exchange for smuggling narcotics into the Manhattan Detention Complex (MDC).  Previously, Noel’s six co-defendants received sentences ranging from six months in a residential facility to 26 months’ imprisonment.  

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), announced the sentences. 

“Our prison system relies upon the integrity of its employees.  For selling his integrity, undermining the security of the prison and endangering his fellow officers, Carl Noel will now go from guard to convicted felon,” stated United States Attorney Donoghue.  “All seven members of this smuggling conspiracy, including two correction officers, have now been held accountable for their crimes.”   Mr. Donoghue expressed his grateful appreciation to the Drug Enforcement Administration’s New York Drug Enforcement Task Force (DEA), consisting of agents and officers of the DEA, New York City Police Department and New York State Police for their assistance.

“Correction officers have a duty to enforce and abide by the rules of our city jails to protect the safety of their fellow officers and the incarcerated,” stated DOI Commissioner Garnett.  “The two correction officers involved in this contraband smuggling scheme violated that pledge, sold out their integrity by accepting bribes, and have now been held to account for their crimes.  DOI thanks the U.S. Attorney for the Eastern District for his partnership in stemming the flow of contraband in our City jails and for his office’s prosecution of this important matter.”

The defendants assumed a variety of roles in the conspiracy.  Noel and correction officer Christian Mizell, were responsible for smuggling the marijuana and other contraband into the MDC.  Their co-defendants, Warren Green and Patrick Johnson, both of whom were incarcerated at the MDC, arranged for marijuana and other contraband to be packaged and delivered covertly to Noel and Mizell, by co-defendants Robert Martino, Malik Holloway and Asha Patterson.  Noel and Mizell received thousands of dollars in bribes, among other benefits, to smuggle narcotics past prison security personnel for distribution inside the prison. 

Previously, Noel’s co-defendants were sentenced for their roles in the conspiracy.  In November 2018, Mizell, was sentenced to 19 months’ imprisonment; in December 2018, Martino was sentenced to six months in a residential facility and two years’ probation; in December 2018, Johnson was sentenced to 21 months’ imprisonment; in December 2018, Patterson was sentenced to one year and one day in prison; in January 2019, Holloway was sentenced to 14 months’ imprisonment; and in February 2019, Green was sentenced to 26 months’ imprisonment.

The government’s case is being handled by Assistant United States Attorney Erik Paulsen of the Office’s Public Integrity Section and Nomi Berenson of the Office’s International Narcotics and Money Laundering Section.

The Defendants:

CARL NOEL
Age: 32
New York, New York

Christian Mizell
Age: 49
Queens, New York

WARREN GREEN
Age: 41
Pine City, New York

PATRICK JOHNSON
Age: 27
Bronx, New York

ROBERT MARTINO
Age: 37
Queens, New York

MALIK HOLLOWAY
Age: 23
Bronx, New York

ASHA PATTERSON
Age: 44
Queens, New York

E.D.N.Y. Docket No. 18-CR-60 (PKC)

Earlier today, at the federal courthouse in Central Islip, Etienne Allonce, the former co-owner of Medical Solutions Management, Inc. (MSM), a medical equipment company in Hicksville, New York, pleaded guilty to health care fraud.  In September 2018, Allonce was expelled from Haiti where he had fled 11 years earlier following the filing of an indictment in the Eastern District of New York charging him with billing Medicare and Medicaid for medical supplies never delivered to patients and never ordered by MSM.  Prior to his return to the United States, Allonce was placed on the Most Wanted List of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG).  Allonce pleaded guilty before United States District Judge Joseph F. Bianco.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.

“With today’s guilty plea, Allonce will now pay the price for defrauding American taxpayers in order to benefit himself,” stated United States Attorney Donoghue.  “The defendant’s decision to flee to Haiti may have delayed holding him accountable for his crimes, but he could not escape the resolve of this Office and our law enforcement partners to prosecute those who steal from the Medicare and Medicaid benefit programs that serve our most vulnerable citizens, including the elderly.”  Mr. Donoghue expressed his grateful appreciation to the agents of the Federal Bureau of Investigation and the HHS-OIG, for their investigative work in the case.

According to court filings, MSM, formerly co-owned by Allonce and his wife, Helen Michel, provided durable medical equipment and supplies to nursing homes.  Between April 2003 and March 2007, Allonce and Michel submitted approximately $10 million in false claims to Medicare and Medicaid, seeking payment for medical supplies purportedly provided to patients at nursing homes when those medical supplies had not actually been provided.  Allonce fled the United States hours before federal agents arrested his wife.  Michel was tried and convicted by a jury in August 2012.  She was sentenced in April 2013 to 12 years’ imprisonment, and ordered to forfeit $1.3 million that had been seized by the government.   

When sentenced, Allonce faces up to 10 years in prison, as well as restitution and a fine.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Charles P. Kelly, Burton T. Ryan, Jr. and Madeline O’Connor are in charge of the prosecution.

The Defendant:

ETIENNE ALLONCE
Age:  55
Port au Prince, Haiti

E.D.N.Y. Docket No 07-CR-889 (JFB)

Earlier today, at federal court in Central Islip, United States District Judge Joan M. Azrack entered judgment holding liable Lawrence Aviation Industries, Inc. (LAI), a former defense contractor, and its long-time owner and CEO, Gerald Cohen, for environmental cleanup costs and penalties under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.  As proven at trial, LAI and Cohen, in violation of several environmental laws and regulations, discharged a number of hazardous substances at LAI’s Port Jefferson facility on Long Island that could pose threats to human health and the environment.  The Court found that, in addition to contaminating the LAI facility itself, LAI and Cohen were responsible for a mile-long contaminant plume in the groundwater beneath Port Jefferson.  The Court’s judgment found LAI and Cohen jointly liable for $48,116,024.31 in costs incurred by the U.S. Environmental Protection Agency (EPA) in cleaning up the site, and imposed civil penalties of $750,000 against both LAI and Cohen, individually, for their failure to comply with requests for information issued by EPA. 

“This case and the significant monetary penalties imposed by the Court should serve as a warning to would-be polluters, including individuals, that this Office and the EPA will use every tool at their disposal to protect Long Island’s groundwater and to ensure that those responsible for contamination will foot the bill for clean-up costs,” said Richard P. Donoghue, United States Attorney for the Eastern District of New York.

“EPA is pleased that our collaborative efforts with the United States Attorney’s Office in the Eastern District of New York have resulted in a victory for New Yorkers who have suffered for years with the environmental degradation inflicted by Lawrence Aviation and its owner, Gerald Cohen,” said U.S. Environmental Protection Agency Regional Administrator Pete Lopez.  “This judgment provides for the reimbursement of money spent on cleanup work and imposes penalties that act as a deterrent.  Our active engagement and work at this site will continue over the long-term, and we are proud that EPA’s Superfund continues to help revitalize this community and communities across the nation.”

In a separate, 37-page Memorandum and Order, the Court detailed the evidence establishing LAI’s and Cohen’s long history of disregard for federal, state and county environmental laws.  In the early 1980s, for example, after the Suffolk County Department of Health issued a series of recommendations for LAI to come into compliance with various pollution control laws, LAI used a front-end loader to crush 55-gallon drums containing hazardous substances (among more than 1,600 of such drums identified on the property), resulting in a massive discharge of waste directly onto the ground.  Samples taken from those drums revealed impermissibly high levels of trichloroethylene (TCE), among other pollutants.  Nearly two decades later, in 1999, testing performed by the New York State Department of Environmental Conservation revealed contamination of groundwater and surface water at the site.  Thereafter, in March 2000, the site was placed on the National Priorities List.  For these and other reasons, the groundwater in the vicinity of the site is not currently used for drinking water.

EPA’s clean-up of the site, now into its 19th year, has included an exhaustive remedial investigation into the nature and scope of the contamination, various hazardous waste removal and stabilization activities, and the implementation and maintenance of two groundwater treatment systems designed to capture and treat contaminated groundwater.  As noted in the Court’s decision, EPA’s activities at the LAI site have resulted in a decrease in size of the groundwater TCE plume and the removal of over 18,000 tons of soil contaminated with polychlorinated biphenyls, among other hazardous substances, including asbestos containing materials.  

Various creditors have asserted claims against LAI and Cohen properties based on their respective liens.  Those claims remain pending before the Court.

Previously, in 2008, Cohen and LAI pleaded guilty to violating the Resource Conservation and Recovery Act for storing hazardous wastes at the LAI Facility without a permit issued by the EPA or New York State. Cohen was sentenced to a term of imprisonment of one year and a day, and supervised release of thirty-six months.  He and LAI were ordered to pay restitution to the EPA of $105,816. 

The government’s case is being handled by Assistant United States Attorneys Richard K. Hayes, Robert B. Kambic, Clayton P. Solomon, and Special Assistant United States Attorney James F. Doyle, with assistance from EPA Assistant Regional Counsel Elizabeth Leilani Davis and Andrea L. Leshak.  The government’s trial team also included former Assistant United States Attorneys Sandra L. Levy and Morgan J. Brennan.

Earlier today, at the federal courthouse in Central Islip, Alexis Laguerra and Raymond Soto, Sr. pleaded guilty to bank larceny involving the theft of an armored car and over $500,000 from the car on November 2, 2018 in Valley Stream.  Laguerra was an employee of GardaWorld, the owner of the armored car.  Today’s pleas took place before United States Magistrate Judge Anne Y. Shields.  An additional defendant, Raymond Soto, Jr., pleaded guilty on March 18, 2019 to bank larceny.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the guilty pleas.

As admitted at the plea proceedings, Laguerra used his insider’s knowledge of GardaWorld to plot and carry out the theft.  Laguerra was the assigned GardaWorld driver of the armored car for the overnight shift, and left it unoccupied and unguarded outside a bank.  Soto Jr. then arrived, entered the armored car, and drove it a short distance from the bank.  He then removed three bags of cash, totaling $510,000, from the armored car.  Soto Sr., driving the getaway car, picked up Soto Jr. and the cash, and together they fled the scene.  Law enforcement recovered $130,000 of the stolen money from Soto Sr.’s home.

“This inside job will now land these three defendants inside prison for long enough for them to realize, over and over, what a stupid idea this was,” stated United States Attorney Donoghue.  “We commend the Nassau County Police Department and the FBI for quickly solving this crime and demonstrating, once again, that crime doesn’t pay.” 

When sentenced, all three defendants face up to 10 years in prison, as well as forfeiture of $300,000, restitution of $510,000, and a fine of up to $250,000. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor are in charge of the prosecution.

The Defendants:

ALEXIS LAGUERRA
Age:  30
Brooklyn, New York

RAYMOND SOTO, SR. (also known as “Razor”)
Age:  48
Richmond Hill, Queens

RAYMOND SOTO, JR. (also known as “Rambo”)
Age: 30
Richmond Hill, Queens

E.D.N.Y. Docket No. 18-CR-678 (SJF)

A criminal complaint was unsealed today in federal court in Brooklyn charging Allan Floyd and Edward Gotay, alleged members of the Paybacc Crips street gang, and alleged gang associates Barin Brown and Jason Crowder with an armed kidnapping and Hobbs Act robbery involving three victims, including a 16-month-old child.  Crowder was arrested this morning, and is scheduled for his initial appearance this afternoon before United States Magistrate Judge Lois Bloom.  Brown, Floyd and Gotay were previously arrested, and have been detained pending trial. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges and arrests.  

“As alleged in the complaint, the defendants brazenly committed a gunpoint kidnapping and robbery in broad daylight, with complete disregard for the well-being of a child caught in the middle of the violent crime,” stated United States Attorney Donoghue.  “This Office and our partners in the ATF and the NYPD Joint Robbery Task Force will continue to target criminal gangs and their members who threaten the safety of our communities.” Mr. Donoghue expressed his thanks to the United States Marshals Service for their assistance in the case.

“As alleged, the defendants committed brazen acts of violence that victimized several individuals including a 16-month-old child,” stated ATF Special Agent-in-Charge Devito.  “ATF along with its partners remain singularly focused on eliminating the threat to public safety that violent gangs and armed violent offenders pose for their communities.  I would like to thank the members of the ATF/ NYPD Joint Robbery Task Force who work tirelessly each day to bring the most violent individuals to justice.  I would also like to thank the United States Attorney’s Office for their work in prosecuting this case.”

“Identifying and dismantling gangs and crews, and preventing the violence they cause, is paramount to the NYPD’s mission to ensure that New Yorkers in every neighborhood are not only safe, but feel safe too,” said NYPD Commissioner O’Neill.  “I thank and commend the NYPD investigators, as well as our partners at the ATF and the Office of the U.S. Attorney for the Eastern District, for their efforts in bringing these individuals to justice.”

According to court documents, Brown, Crowder, Floyd and Gotay surprised their victims who believed they were meeting Brown for a marijuana sale at Slaight Street and Nicholson Avenue on Staten Island.  After arriving at the location, the defendants ordered Victim-1 and his fiancée (Victim-2) out of their car at gunpoint, and demanded money and jewelry.  Victim-2 then explained that a child was in the back seat of the car.  Floyd ordered the victims, “Get in the back seat we are not doing this here.”  While Floyd continued to point his gun at the Victim-1’s head, Gotay entered the car and drove to the couple’s shared residence.   Once at the residence, Crowder, Floyd and Gotay donned latex gloves and robbed the victims of money, marijuana, jewelry and collector Michael Jordan sneakers. 

The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.  If convicted of the kidnapping charges, Brown, Crowder, Floyd and Gotay face up to life in prison, and a mandatory minimum of 20 years’ imprisonment for the kidnapping of a minor.

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorney Phil Selden is in charge of the prosecution.

The Defendants:

BARIN BROWN (also known as “Scruff”)
Age: 28
Staten Island, New York

JASON CROWDER (also known as “Jason Ortiz”)
Age: 29
Staten Island, New York

ALLAN FLOYD (also known as “Rugar Richmond Ace”)
Age: 28
Staten Island, New York

EDWARD GOTAY (also known as “Younggod Edde”)
Age: 28
Staten Island, New York

E.D.N.Y. Docket No. 19-MJ-181 (SLT); 19-MJ-198 (JO)

Earlier today, at the federal courthouse in Brooklyn, Douglas Singer, Leroy Wilson and Marianne Wood each pleaded guilty to a Hobbs Act extortion conspiracy in connection with their extortion of the former owner of a pizzeria in Sheepshead Bay, Brooklyn.  Today’s plea took place before United States Magistrate Judge Steven M. Gold.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the plea.

“The defendants carefully scripted an intimidation plot, even using an actor as muscle, all in an effort to extort the victim into giving them $198,000,” stated United States Attorney Donoghue.  “Protecting business owners from shake downs will always be a priority of this Office and our law enforcement partners.”

“A group of people doing their best to act like a group of mobsters, shaking down a pizzeria owner, will now face a steep price for what they described as ‘kinda fun.’  Business owners who are trying to make an honest living, shouldn’t have to fear someone with no legal power over them, extorting and threatening their livelihoods,” stated FBI Assistant Director-in-Charge Sweeney.

As described in court documents and proceedings, in early 2018 the victim sold Singer a pizzeria business located in a building the victim owned on Coney Island Avenue for $60,000, a $15,600 security deposit and monthly rent payments of $5,200.  In November 2018, Singer, Wilson and Wood met the owner at the restaurant.  Wood explained that she was Singer’s business partner and worked for an organization handling Singer’s business relating to the pizzeria.  She told the owner that he owed the organization $198,000, calculating the figure by adding the sales price of the pizzeria to the security deposit, and to costs for equipment and renovations, and purported operating losses incurred by Singer, and demanded payment that day.  Wood then produced photographs of the victim, his spouse and children and explained that it would be in the best interest of everyone for the owner to pay up.  Wilson, an actor who had been recruited to play the role of a bodyguard, leaned forward toward the owner during the threatening conversation, revealing a pistol holstered on his hip.  After the meeting concluded, the victim reported the threats to law enforcement.  The pistol was later determined to be a theatrical prop.

Prior to the November 2018 meeting at the pizzeria, messages between the defendants show that they scripted the planned extortion.  Singer wrote to Wilson, “Is it possible for you to wear a dark suit but no tie? Maybe a white shirt? And dark sunglasses?”  Singer also wrote to Wilson via Facebook Messenger:  “I was wondering if you might be interested in a kind of acting gig.  I need a couple of guys to escort my associate [Wood] while she delivers a demand to my landlord...  You will simply have to stand in the background and appear to be muscle.”  Later, Singer and Wood shared the following exchanges:

Singer: We are confirmed for 11:30 AM at the pizzeria with [the victim].

Wood: Yay

Singer: Let the games begin!

Wood: Oh yeah baby!!

On December 14, 2018, FBI special agents executed a search warrant at Wilson’s residence and recovered a black theatrical prop pistol and a leather jacket that Wilson was seen wearing on surveillance footage during the meeting at the pizzeria.

When sentenced, the defendants each face up to 20 years in prison.

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorney Andrey Spektor is in charge of the prosecution.

The Defendants:

DOUGLAS SINGER
Age: 54
Brooklyn, New York

LEROY WILSON
Age: 47
Haskell, New Jersey

MARIANNE WOOD
Age: 61
Madison, Connecticut

E.D.N.Y. Docket No. 19-CR-147 (LDH)

Scott Brettschneider, an attorney admitted to practice in the state of New York since 1987, was convicted today by a federal jury in Brooklyn of conspiring to make a false statement and making a false statement.  Specifically, Brettschneider wrote a false letter to the U.S. Bureau of Prisons (BOP) to assist an inmate in gaining entry to a substance abuse program in order to fraudulently obtain an early release from prison.  The verdict followed a five-day trial before United States District Judge Carol Bagley Amon.  When sentenced, Brettschneider faces up to five years in prison.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the verdict.

“Brettschneider, a longtime attorney, has been found guilty by a jury of brazenly violating the law he was sworn to uphold by scheming to write a phony letter to help his client get into a drug treatment program and become eligible for early release from prison,” stated United States Attorney Donoghue.  “This Office is committed to protecting the integrity of federal programs for drug abuse treatment, to ensure that help is available for those truly in need and not those merely looking for a get-out-of-jail card.”  Mr. Donoghue thanked the Federal Bureau of Investigation, New York Field Office, and the Queens District Attorney’s Office for their outstanding assistance on the case.

The evidence at trial proved that between October 2014 and January 2015, Brettschneider, Charles Gallman and Reginald Shabazz-Muhammad conspired to make false statements in a letter to a BOP employee regarding inmate Richard Marshall’s treatment for substance and alcohol abuse in an effort to help Marshall fraudulently gain entry to the Residential Drug Abuse Program (RDAP) at United States Penitentiary Lewisburg in Pennsylvania.  In an October 24, 2014 call on Gallman’s phone that was intercepted by law enforcement, Marshall explained to Brettschneider that he needed a letter from a “drug program” to which Brettschneider responded, “alright, alright, we’ll work on that Monday. Ok, I know who to talk to.”  Brettschneider, Marshall and Shabazz-Muhammad, who claimed to be the director of program services at Muhammad Mosque No. 7, falsely stated that Marshall had previously been enrolled in the Mosque’s treatment program between 2003 and 2010 to reduce his purported “active drug dependence.”  An inmate who is accepted into the RDAP and successfully completes the treatment program is eligible to receive up to a year off his sentence.

Marshall pleaded guilty to conspiracy to make false statements, and was sentenced on October 6, 2018 to three years’ probation and a fine of $1,500.  Shabazz-Muhammad pleaded guilty to making false statements, and was sentenced on January 30, 2019 to two years’ probation and a fine of $1,000.  Gallman pleaded guilty to conspiracy to make false statements and to violating the Travel Act for bribing a witness, and was sentenced on March 20, 2019 to three years’ imprisonment.

The government’s case is being handled by the Office’s Organized Crime & Gangs Section.  Assistant United States Attorneys Andrey Spektor, Lindsay K. Gerdes and Margaret Gandy are in charge of the prosecution.

The Defendant: SCOTT BRETTSCHNEIDER (also known as “Mighty Whitey”)
Age:  62
Mint Hill, North Carolina

Defendants Who Previously Pleaded Guilty and Were Sentenced: CHARLES GALLMAN (also known as “T.A.”)
Age:  57
Queens, New York

RICHARD MARSHALL (also known as “Love”)
Age:  57
Charlotte, North Carolina

REGINALD SHABAZZ-MUHAMMAD
Age:  63
Queens, New York

E.D.N.Y. Docket No. 18-CR-123 (CBA)

Earlier today, at the federal courthouse in Brooklyn, Yevgeniy Braziler was sentenced by United States District Judge Ann M. Donnelly to 36 months’ imprisonment for his role in a scheme targeting investors, including numerous elderly victims, by selling them partnerships in fraudulent real estate companies.  The amount of restitution will be determined by the Court at a later date.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the sentence.

“Braziler has now been held accountable for fleecing the victims of his fraudulent scheme, many of whom were elderly when they were targeted, and nearly half of whom are now deceased,” stated United States Attorney Donoghue.  “The Department of Justice and this Office are committed to protecting investors, especially the most vulnerable, from predators like the defendant.”

“The day of reckoning has finally arrived for Mr. Braziler who lacked the moral compass to do the right thing for his investment clients,” stated USPIS Inspector-in-Charge Bartlett.  “In many of these cases, he stole from seniors who worked their entire lives saving for a brighter future. Mr. Braziler will have plenty of time in prison to consider the impact his crimes have had on the victims in this case.”

Braziler and his associates promised potential investors, many of whom were elderly and some of whom suffered from dementia, that real estate companies in Brooklyn that he managed would use investments to purchase, renovate, rent and re-sell residential real estate in and around Buffalo and Niagara Falls, promising high returns for the investors.  In response, investors sent him over $1.8 million.  Instead of using the money for the promised purposes, Braziler stole most of it.  For example, investors sent one of Braziler’s investment vehicles, Buffalo Housing, at least $978,000, but Braziler purchased only one property for approximately $12,000, and kept most of the money for himself and others.  In all, Braziler kept at least $323,510 of investors’ money for his own use, which he spent on credit card bills, pet supplies, alcohol, restaurants and his child’s school tuition.  The investors lost nearly all of their money.

The government’s case is being handled by the Office’s Business and Securities Fraud Section.  Assistant United States Attorney Matthew S. Amatruda is in charge of the prosecution.

The Defendant:

YEVGENIY BRAZILER
Age: 40
Staten Island, New York

E.D.N.Y. Docket No. 17-CR-385 (AMD)

Earlier today, in federal court in Brooklyn, Stanley Fuller pleaded guilty to two heroin distribution conspiracies before United States Magistrate Judge Lois Bloom.  The conspiracies, charged in two indictments, detail Fuller’s role as a supplier of substantial quantities of heroin to co-conspirators who trafficked the drugs in Jamaica, Queens.  When sentenced, Fuller faces a statutory maximum of life in prison for the first conspiracy, and up to 20 years’ imprisonment for the second conspiracy. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Angel M. Melendez, Special Agent-in-Charge, Department of Homeland Security, Homeland Security Investigations, New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division, and James P. O’Neill, Commissioner, New York City Police Department, announced the guilty plea.

Between April 2013 and July 2015, law enforcement agents intercepted telephone communications during which Fuller discussed the quality of heroin being sold under the brand names “Sweet Dreams,” “Pepsi” and “Coca Cola.”  In May 2017, following his arrest and indictment for heroin distribution conspiracy, Fuller was released on bond and placed on home confinement.  Notwithstanding, Fuller continued supplying heroin to street-level dealers for distribution.  Law enforcement agents again intercepted numerous telephone communications during which Fuller discussed heroin being sold under the brand names “9 & 1/2” and “Tom & Jerry.”  In January 2019, Fuller was charged in a second indictment with heroin distribution conspiracy while on pre-trial release.

Fuller is the last of 12 defendants in the first indictment to plead guilty, nine of whom have been sentenced. 

The government’s case is being prosecuted by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorneys Marcia M. Henry, Alicia N. Washington, Erin Reid, Jonathan Algor, Michael Robotti and Lauren Elbert are in charge of the prosecution.

The Defendants:

STANLEY FULLER (also known as “We,” “Webo” and “Morty”)
Age: 43
Valley Stream, New York

E.D.N.Y. Docket Nos. 15-CR-382 (S-2) (JBW) and 19-CR-21 (JBW)

Earlier today, at the federal courthouse in Central Islip, Edward Ambrosino, a Town of Hempstead Councilman, pleaded guilty to tax evasion before United States District Judge Joanna Seybert.  When sentenced, Ambrosino faces up to five years in prison, as well as restitution to the Internal Revenue Service and the New York State Department of Taxation and Finance for taxes owed for the tax years 2011 through 2014.  In addition, Ambrosino agreed to pay restitution in the amount of $700,000.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Jonathan D. Larsen, Acting Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI), announced the guilty plea.

 “Just like the people who put him in office, Ambrosino owed it to his fellow citizens to pay his fair share of taxes,” stated United States Attorney Donoghue.  “This Office and our law enforcement partners are committed to holding accountable public officials who violate the law.”

Ambrosino was an attorney licensed to practice in New York State, specializing in economic and industrial development and financings, and formerly was “Of Counsel” at a law firm in Uniondale, New York.  In addition, since March 2003, Ambrosino has served as a Councilman for the Town of Hempstead. 

In 2011, Ambrosino incorporated Vanderbilt Consulting Group, Inc., and was the company’s sole shareholder.  Ambrosino subsequently opened and controlled a bank account in the name of Vanderbilt, and was the sole authorized signer on that account.  From 2013 through 2015, Ambrosino diverted more than $800,000 in legal fees from clients, including the Nassau County Industrial Development Agency and the Nassau County Local Economic Assistance Corporation, that he was required to provide to his law firm, and deposited them into the Vanderbilt bank account.  Ambrosino neither admitted nor denied wrongdoing regarding this conduct, but as part of his guilty plea earlier today, he agreed to pay $700,000 in restitution to the law firm.

Ambrosino also evaded substantial income tax, and filed false and fraudulent corporate tax returns on behalf of Vanderbilt for the 2011, 2012 and 2013 tax years.  Ambrosino evaded the assessment of income tax by claiming false and fraudulent business expense deductions, and failing to report funds he diverted from his former law firm.  As a result, the IRS suffered a tax loss of approximately $254,628, which will be recouped by the IRS via restitution.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Catherine M. Mirabile and Raymond A. Tierney are in charge of the prosecution.

The Defendant:

EDWARD AMBROSINO
Age:  54
North Valley Stream, New York

E.D.N.Y. Docket No. 17-CR-162 (JS)

Earlier today, at the federal courthouse in Brooklyn, Sean Jack was sentenced by United States District Judge Ann M. Donnelly to 176 months’ imprisonment, to be followed by two years’ supervised release, for his participation in the gunpoint robberies of six gas stations and a convenience store in Queens, New York.  In July 2018, Jack pleaded guilty to all charges pending against him. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the sentence.

“Six times in two weekends, Sean Jack and his co-defendant terrorized store employees by pointing a gun in their faces,” stated United States Attorney Donoghue.  “Today’s sentence punishes the defendant for his crimes and should serve as a lesson to others that this Office and our law enforcement partners are committed to protecting the community from violent predators.”

“The defendant and his co-conspirator engaged in a brazen robbery spree that terrorized and threatened the safety of many innocent store workers and patrons,” stated ATF Special Agent-in-Charge Devito.  “ATF and its partners will continue to work every day to ensure that violent individuals like Mr. Jack are brought to justice. Upon removal from society at large, they will be able to contemplate the effects of their crimes while serving substantial time in federal prison. I would like to thank the United States Attorney’s Office for their work on this case.”

“With violence and disorder reduced to historically low levels, the NYPD and our law-enforcement partners have further strengthened our focus on violent crime in our communities. By precisely targeting the small percentage of people responsible for committing much of the violence in New York, we are making the safest large city in America even safer.  I commend the NYPD detectives, ATF agents and the prosecutors for the Eastern District of New York whose relentless hard work resulted in this arrest and sentencing,” stated NYPD Commissioner O’Neill.

 Between September and October 2017, Jack and co-defendant Brandon Commack entered gas stations and a convenience store and shopped.  After bringing their selections to the counter, one of the robbers would brandish a firearm, while the second robber would take money from the cash register.  In each of the robberies, one or both of the robbers wore a wig.  Commack pleaded guilty in August 2018 to one robbery and one count of brandishing a firearm during crimes of violence, and was sentenced on April 2, 2019 to nine years’ imprisonment.  

The superseding indictment charged Jack with the following robberies in Queens:

• BP Gas Station, 59-36 Maurice Avenue, on September 24, 2017
• Mobil Gas Station, 69-08 Eliot Avenue, on September 24, 2017
• Shell Gas Station, 92-10 Astoria Boulevard, on September 24, 2017
• Speedway Gas Station, 134-15 Cross Bay Boulevard, on September 30, 2017
• 7-Eleven Convenience Store, 224-01 Merrick Boulevard, on October 1, 2017
• Sunoco Gas Station, 243-02 South Conduit Avenue, on October 1, 2017

The government’s case is being handled by the Office’s General Crimes Section.  Assistant United States Attorneys Nicholas Moscow and Erin Reid are in charge of the prosecution.

The Defendant:

SEAN JACK
Age: 36
Jamaica, New York

E.D.N.Y. Docket No. 17-CR-569 (AMD)