Year: 2015

FOR IMMEDIATE RELEASE
Wednesday, March 25, 2015

 

Eleven Defendants Indicted for Scam in Which They Allegedly Used Stolen Credit Card Numbers to Purchase Target Gift Cards

Defendants Arrested After Pattern of Purchases Was Detected by Store, Bank Security

Brooklyn District Attorney Ken Thompson today announced that 11 men have been indicted for using forged credit cards to purchase Target gift cards – in increments of $45 in an effort to evade detection – at the Gateway Mall in Spring Creek. The men were arrested after security for Target and J.P. Morgan Chase Bank discovered the pattern and set up a joint surveillance operation.

District Attorney Thompson said, “This case is disturbing in that the defendants were allegedly able to systematically – and swiftly – swipe their way into the bank accounts of innocent Chase customers by using forged credit cards. Our Cybercrimes Unit will continue to work closely with the New York City Police Department to remain vigilant in the face of changing technology.”

The District Attorney said that the defendants (see addendum), who range in age from 20 to 27 and all live in Brooklyn, have been variously charged in eight separate indictments with second-degree criminal possession of a forged document, fourth-degree grand larceny, fourth-degree criminal possession of stolen property and petit larceny. Most of the defendants were arraigned earlier this week in Brooklyn Supreme Court. One remaining defendant will be arraigned tomorrow.

The District Attorney said that, according to the indictments, between late 2014 and early 2015, Chase Bank became aware of a large number of identical $45 fraudulent authorizations being made against its debit cards at the Gateway Target. Target security personnel were also aware of the fraudulent transactions, but Target’s protocol provided that employees should not inspect payment cards for purchases under $50. The $45 purchases were all being made for Target gift cards. None of the purchases was authorized and Chase assumed the loss. Chase and Target alerted the New York City Police Department and a joint operation was conducted on January 7, 2015.

The District Attorney said that, according to the one of the indictments, on January 7, 2015, at approximately 8 a.m., just after the store opened defendants Terquan Oliver and Courtney Cooper, entered the Gateway Target and went to the Electronics section. They immediately began making $45 purchases of Target gift card store credits, loading the gift cards through successive purchases. All of the debit card purchases were processed as credit card purchases and did not require a personal identification number.

It is alleged that in less than 15 minutes, Oliver used two stolen debit cards to make 39 incremental $45 purchases of Target gift card store credit. Of the transactions, 24 were made against a Chase account that did not belong to him and 15 were made against another Chase account that did not belong to him. Oliver switched accounts only after the first card was declined. The total value loaded onto the gift card was $1,755.

Meanwhile, during the same time period, it is alleged that Courtney Cooper made 18 incremental $45 purchases of Target gift card store credit against a Chase account that did not belong to him, 17 were made to load value onto one gift card, while one purchase was for a single $45 gift card. In total, $810 in charges was made against a Chase Bank debit card that did not belong to Courtney Cooper.

It is alleged that the defendants then purchased seven iPods using Oliver’s card. They were arrested upon leaving the store.

The District Attorney further said that the other seven indictments filed in this case reveal that the other nine defendants engaged in a similar scam, loading up Target gift cards using fraudulent debit cards, leading to a total of $6,750 in losses which were sustained by Chase Bank in less than an hour. In all, the defendants are alleged to have swiped 51 separate forged credit cards inside of an hour, switching to new cards as cards were declined.

The case was investigated by New York City Police Department Detective Jackson Todd of the Special Frauds Squad and Detective Miguel Marte of the Identity Theft Squad, under the supervision of Lieutenant Gregory Besson of the Financial Crimes Task Force, and the overall supervision of Deputy Inspector Kenneth Gray, Commanding Officer of the Financial Crimes Task Force.

The District Attorney thanked Target and J.P. Morgan Chase for their cooperation.

The case is being prosecuted by Assistant District Attorney Adam Zion, of the District Attorney’s Cybercrimes Unit, under the supervision of Felice Sontupe, Chief of the District Attorney’s Frauds Bureau, and Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division.

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

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DEFENDANT ADDENDUM: 

1. Terquan Oliver, 25, 2364 Batchelder Street, Sheepshead Bay, Brooklyn. Released without bail.
2. Courtney Cooper, 25, 2344 Bragg Street, Sheepshead Bay, Brooklyn. Released without bail.
3. Justin Justiniani, 26, 600 East 26^th Street, Flatbush, Brooklyn. Released without bail.
4. Johansson Smith, 27, 175 Utica Avenue, Crown Heights, Brooklyn. Bail set at $15,000 bond or $7,500 cash.
5. John Charles, 27, 1639 East 55^th Street, Mill Basin, Brooklyn. Released on $10,000 bond or $$5,000 cash.
6. Andrew Andujar, 22, 1440 Freeport Loop, Starrett City, Brooklyn. Released without bail.
7. Matthew McQueen, 25, 959 East 100^th Street, Canarsie, Brooklyn. Released without bail.
8. Neon Orridge, 21, 939 East 100^th Street, Canarsie, Brooklyn. Released without bail.
9. Fabrice Brimm, 20, 10501 Flatlands Avenue, Canarsie, Brooklyn. Released without bail.
10. Bill Dorrelus, 22, 50 Vandalia Avenue, East New York, Brooklyn. Bail set at $5,000 bond or $2,500 cash.
11. Rubens Jeannot, 22, 1201 Pennsylvania Avenue, East New York, Brooklyn. To be arraigned on March 26, 2015.

 

 

FOR IMMEDIATE RELEASE Monday, March 23, 2015

 

Former Attorney Who Stole Nearly $500,000 From Clients To Spend From Six to 18 Years in Prison

Defendant Convicted In Two Separate Incidents, Sentences Ordered to Run Consecutively

Brooklyn District Attorney Ken Thompson today announced that a South Orange, New Jersey, man has been sentenced to two to six years in prison for stealing $70,000 from a client’s real estate sale. The sentence was ordered to run consecutive to a sentence of four to 12 years he received last year for stealing $411,082.50 from another client whom he represented in a property sale.

District Attorney Thompson said, “This defendant disgraced the legal profession when he stole money from the estates of his clients. Now he will pay a serious price for his misconduct. This should serve as a warning to others who let greed get the best of them.”

The District Attorney identified the defendant as Stephen Mitchell, 48, of 542 Hartford Court, in South Orange, New Jersey. The defendant was sentenced last Friday to two to six years in prison by Brooklyn Supreme Court Justice William Garnett following his conviction earlier this year on one count of second-degree grand larceny following a jury trial. The judge ordered the sentence to run consecutive to a sentence he handed down last year in a similar case.

The District Attorney said that, according to trial testimony, in 2006, the defendant was hired by the property manager for the estate of Jacques Montrevil to remove the estate’s administrator and to complete the sale of property located at 3215 Church Avenue in Brooklyn that was owned by the estate.  On November 6, 2006, an amended contract of sale for that property was executed between representatives of the estate and Stephen Falcone, the prospective purchaser. The defendant was present at the signing of the contract and accepted the $70,000 down payment from the buyer, made payable to himself.

The next day, the defendant deposited the check into his escrow account and wrote a check for $65,500 from the account. At the closing of the property in 2008, the defendant did not turn over the funds to complete the sale on that day or any point thereafter.

The defendant was previously convicted in 2013 of second-degree grand larceny for stealing more than $400,000 from another client. In that case, he was hired in December 2005 to represent the estate of Charles Brown for the sale of his property located at 302 St. James Place, in Brooklyn. The defendant sold the property for $650,000, netting $411,082.50, which belonged to Mr. Brown’s estate.  The defendant deposited the money into his own escrow account, and then into three of his own bank accounts through March 2006.

Justice Garnett, who presided over both of the defendant’s jury trials, ordered his sentences to run consecutively and ordered him to pay $70,000 and $411,082.50 in restitution to both victims.

The defendant surrendered his law license prior to his first trial.

Assistant District Attorney Patrick F. Cappock, Deputy Bureau Chief of the District Attorney’s Frauds Unit prosecuted the case, under the supervision of Assistant District Attorney Felice Sontupe, Bureau Chief and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Bureau.

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FOR IMMEDIATE RELEASE
Wednesday, March 18, 2015

 

Brooklyn Man Sentenced to 47 Years to Life in Prison For Quadruple Shooting in Gang Dispute at Basketball Tournament

Defendant Shot Four Teens at Marcy Houses, Killing One and Injuring Three

Brooklyn District Attorney Ken Thompson today announced that a 21-year-old man has been sentenced to 47 years to life in prison for the gang-related shooting death of an 18-year-old boy and for shooting and injuring a 15-year-old and two 13-year-olds during a basketball tournament at the Marcy Houses in Bedford-Stuyvesant.

District Attorney Thompson said, “Today’s sentence should serve as a warning that shooting and killing people on the streets of Brooklyn will not be tolerated. An 18-year-old boy is dead and three other teens were shot all because this defendant decided to commit senseless and terrible acts of violence. Now he will pay for what he did by being locked up for most of his life.”

The District Attorney identified the defendant as Brandon Reese, 21, of Brooklyn. He was today sentenced by Brooklyn Supreme Court Justice Sheryl Parker to 47 years to life in prison following his conviction earlier this month on one count of second-degree murder, one count of second-degree attempted murder, one count of first-degree assault, one count of first-degree attempted assault, one count of second-degree assault, one count of second-degree attempted assault, one count of first-degree reckless endangerment, and two counts of second-degree criminal possession of a weapon following a jury trial.

The District Attorney said that, according to trial testimony, on July 6, 2013, at approximately 6:30 p.m., at the Marcy Houses, located at 472 Marcy Avenue, in Bedford-Stuyvesant, during a basketball tournament two rival crews engaged in a dispute which ultimately resulted in a shooting.

The District Attorney said that, according to trial testimony, a number of gang members from Bushwick Houses, who belong to a crew named Young Stackers (YS), were hanging out in front of Marcy Houses. A member of Stack Money Goonz (SMG) walked by and realized that one of the YS’s had previously pulled a gun on him. He then called his older brother, the defendant, Brandon Reese, for back-up.

The District Attorney further said that, according to trial testimony, after an argument ensued between his brother and the YS kids, the defendant pulled his gun from his waistband and fired approximately nine shots. Mario Lopez was shot approximately eight times and pronounced dead later that evening. Three others were injured: A 13-year-old shot in the neck with the bullet exiting his nose was left with permanent partial paralysis of his face; a second 13-year-old was shot in the knee; a 15-year-old was grazed on the hip and suffered minor injuries.

The case was investigated by now retired New York City Police Detective James Tischler and other detectives assigned to the NYPD’s 79^th precinct.

The case was prosecuted by Assistant District Attorney Nicole Chavis, Chief of the District Attorney’s Violent Criminal Enterprises Bureau, with the assistance of Assistant District Attorney Iris Das, under the supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of Investigations.

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FOR IMMEDIATE RELEASE
Tuesday, March 17, 2015

 

Bookkeeper Indicted For Stealing Approximately $325,000 From Carroll Gardens Plumbing Supply Company

Allegedly Used Funds to Travel to Disney World and Poconos Resort, Pay for Airline Tickets, Motel Stays And Restaurant Meals

Brooklyn District Attorney Ken Thompson today announced a 159-count indictment charging a former bookkeeper with stealing almost $325,000 from a family-owned plumbing supply business in Carroll Gardens by repeatedly writing checks from the company’s bank account to pay her credit card bills instead of paying vendors.

District Attorney Thompson said, “This defendant almost ruined a hardworking family’s small business by allegedly stealing a huge amount of money to fund her travels and pay her bills. Luckily her alleged scheme was uncovered before that could happen. She will now be held accountable.”

The District Attorney said that the defendant, Elizabeth Nero, a.k.a., Elizabeth Leone, 55, of 45-30 Pearson Street, in Long Island City, Queens, was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with one count of second-degree grand larceny, 79 counts of first-degree falsifying business records and 79 counts of second-degree forgery. She was ordered held on bail of $20,000 bond or $10,000 cash and to return to court on May 20, 2015.

The District Attorney said that, according to the indictment, in approximately December 2010, the defendant was hired to work as a bookkeeper for Hicks Street Plumbing and Heating Supply, Inc., located on Hicks Street, in Carroll Gardens, which is owned by Matthew Ruggiero. It is alleged that between July 2011 and October 2013, the defendant used the company’s checking account to pay her own bills, specifically forging the name of Mr. Ruggiero or his wife, on company checks and using them to pay her credit card bills, instead of paying the company’s vendors and suppliers.

The District Attorney said that, according to the investigation, among other things, the defendant used the money to pay for airplane tickets, accommodations at a resort in the Poconos, travel to Disney World, motel stays and restaurant meals.

The District Attorney said that, according to the investigation, in order to conceal her alleged theft the defendant “whited out” the designated payee, i.e., her Chase, Discover or American Express account, after the checks were cashed and an image of the cancelled check appeared on the company’s bank statement. After “whiting out” her payee, the defendant would allegedly write in the name of a vendor or supplier.

The case was investigated by Brooklyn District Attorney Financial Investigator Rosa Velasquez and New York City Police Department Detective John Munari, of the NYPD Financial Crimes Task Force.

The case is being prosecuted by Assistant District Attorney Elizabeth Kurtz, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Felice Sontupe, Chief of the Frauds Bureau, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division.

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

 

FOR IMMEDIATE RELEASE
Tuesday, March 17, 2015

 

Four Teenagers Indicted in Connection With Early Morning Assault Of Two Off-Duty Police Officers in Bensonhurst

Four Teenagers Indicted in Connection With Early Morning Assault
Of Two Off-Duty Police Officers in Bensonhurst

Brooklyn District Attorney Ken Thompson today announced that four teenagers have been indicted in connection with an attack on two members of the New York City Police Department outside of a Bensonhurst residence last month, leaving one of the victims, an off-duty detective, badly beaten.

District Attorney Thompson said, “These teenagers allegedly attacked two off-duty Police Officers who identified themselves and simply asked the teens – in the early hours of a Sunday morning – to stop jumping on cars and making a lot of noise in a residential neighborhood. We will now seek to hold them accountable for their conduct.”

The District Attorney identified the defendants as Joseph Nacmias, 17, of 274 Mayfair Drive North; Jason Chalhon,17, of 2672 East 66^th Street; Vito Morgera, 17, of 2725 Mill Avenue; and Michael Peterson,17, of 6623 Avenue T, all of Mill Basin, Brooklyn. The defendants are variously charged in a six-count indictment with second-degree assault, third-degree assault, resisting arrest and unlawful possession of marijuana. They will be arraigned in Brooklyn Supreme Court at a later date. The top count carries a penalty of up to seven years in prison.

The District Attorney said that, according to the investigation, on February 8, 2015, at approximately 12:20 a.m., in the vicinity of 15th Avenue, in Bensonhurst, NYPD Detective Daniel Alessandrino heard a rowdy group of teenagers creating a disturbance outside of his home. Alessandrino, who was off-duty, went outside to check on the situation and saw a group of about 15 to 20 teenagers, mostly males, making a lot of noise and banging and jumping on cars.

Alessandrino, who was followed out of the house by his girlfriend, off-duty NYPD Officer Jaline Bernier, told the teens he didn’t want any trouble and asked them to leave the area, to which defendant Nacmias allegedly replied: “What are you going to do? Call a cop?” Alessandrino then identified himself and Officer Bernier as members of the NYPD. Nacmias then allegedly replied: “I don’t care. I’ll kill a cop. A cop is going to die tonight.”

The District Attorney said that, according to the investigation, Nacmias then lunged at Alessandrino and began punching him about the head and body. When Alessandrino pushed Nacmias away, he allegedly attacked Bernier. When Alessandrino tried to intervene, he was allegedly pushed to the ground and surrounded by the teens, who then kicked, punched and stomped on him, including kicking him in the head. They were arrested shortly thereafter.

Alessandrino suffered swelling and lacerations about the eye, nose, jaw, head, arm and knee, broken teeth and bruising of his chest and shoulder. Bernier suffered swelling of the eye and pain in her face.

The case was investigated by Detective Natalya Edelshteyn of the New York City Police Department’s 62^nd Precinct Detective Squad, under the supervision of Captain William Taylor, Commanding Officer.

The case was additionally investigated by Detective Investigator Kolawole Olosunde, under the supervision of Chief Investigator John Bilich, of the District Attorney’s Investigations Bureau.

The case is being prosecuted by Assistant District Attorneys Farin Chasin and James Slattery of the District Attorney’s Trial Bureau V – Orange Zone, under the supervision of Assistant District Attorney Thomas C. Ridges, Chief.

 

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FOR IMMEDIATE RELEASE
Monday, March 16, 2015

 

Former Executive Director Indicted For Stealing $85,000 From North Flatbush Business Improvement District

Allegedly Used Funds to Buy Beyonce Tickets, Jewelry, Clothing and Shoes;
Additionally Charged With Collecting Unemployment While Working at BID

Brooklyn District Attorney Ken Thompson, together with New York City Department of Investigation Commissioner Mark G. Peters, today announced an indictment charging the former executive director of the North Flatbush Business Improvement District with siphoning off approximately $85,000 from the group’s budget to pay for personal expenses, such as food, clothing and entertainment. She also is alleged to have collected unemployment insurance benefits when in fact she was employed by the BID and not eligible to collect.

District Attorney Thompson said, “The 150 small business owners who joined the North Flatbush BID paid into it with the expectation that those funds would be used to promote their businesses. Instead, the defendant allegedly used the BID’s accounts as her own personal piggy bank, spending non-stop on everything from airline tickets to chocolates. She will now be held accountable. ”

Commissioner Peters said, “This individual is accused of stealing public funds from neighborhood businesses for personal gain. This type of charged conduct sabotages an entire community. DOI was pleased to work with the Brooklyn District Attorney on this important investigation. ”

The District Attorney said that the defendant, Sharon Davidson, 63, formerly of 318 Flatbush Avenue and currently residing in Riverhead, in Suffolk County, was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with one count each of second- and third-degree grand larceny, three counts of second-degree criminal possession of a forged instrument, one count of first-degree scheme to defraud, and 17 counts of first-degree offering a false instrument for filing. He released her without bail and ordered the defendant to return to court on May 13, 2015.

The District Attorney said that, according to the indictment, between February 2, 2010 and December 16, 2013, the defendant engaged in a scheme to steal approximately $90,000, including about $85,000 from the North Flatbush BID and about $5,000 in unemployment insurance benefits.

The District Attorney said that, according to the investigation, Davidson was employed by the North Flatbush BID from June 2009 to January 2014. As executive director she was entrusted with access to all of the BID’s bank accounts, debit cards and checks, and was responsible for maintaining its financial books and records and paying expenses associated with the BID’s activities, such as economic development, street maintenance, and neighborhood promotion and enhancement programs to benefit its approximately 150 retail members.

It is alleged that between February 2, 2010 and December 16, 2013, Davidson repeatedly made unauthorized withdrawals from the BID’s bank accounts, including withdrawing cash from automated teller machines, deposited checks intended for the BID into her personal bank accounts, wrote checks to herself out of the BID’s accounts, and used BID debit cards to make hundreds of unauthorized purchases. Among the charges to the BID’s debit card were: $3,000 at Fresh Direct, $4,000 at Talbots, $600 for Beyonce concert tickets, $600 at Weight Watchers, $400 on manicures and pedicures, $13,000 paid through Paypal for items such as shoes, clothing, jewelry and makeup, and numerous purchases from restaurants. As a result, the defendant allegedly stole $85,691.36.

It is additionally charged that the defendant, whose salary was $30,000 a year and who was in charge of maintaining the BID’s third-party payroll service to issue her paychecks, caused the payroll service to end on October 14, 2011. Then, a few weeks later, on November 2, 2011, she allegedly applied to the New York State Department of Labor for unemployment insurance benefits. Davidson subsequently received benefits for nearly four months, during which time she was still gainfully employed by the BID. Davidson thus allegedly received $5,190 in unemployment benefits to which she was not entitled.

The District Attorney said that the alleged theft was discovered during an audit conducted by New York City’s Department of Small Business Services, which oversees the City’s BIDs and which subsequently alerted the New York City Department of Investigation.

The case was investigated by Chief Forensic Auditor Ivette Morales and Special Investigator Nicole Clyne, under the supervision of Inspector General Andrew Sein and Associate Commissioner William Jorgenson of the New York City Department of Investigation.

The District Attorney thanked the New York State Department of Labor and the New York City Department of Small Business Services for their assistance in the investigation.

The case is being prosecuted by Assistant District Attorneys Sabrina Thanse and Meredith Weill, under the supervision of Assistant District Attorney Emily Bradford, Deputy Chief of the District Attorney’s Public Integrity Bureau, and the overall supervision of Executive Assistant District Attorney William E. Schaeffer, Chief of the District Attorney’s Investigations Division.

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