001 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF CEO OF CEMENT COMPANY THAT POLLUTED THE WATERS OF NEWTOWN CREEK  QUALITY CONCRETE OF NEW YORK, INC. IGNORED NUMEROUS WARNINGS FROM ENVIRONMENTAL WATCHDOG GROUP              Brooklyn, January 11, 2005 --  Kings County District Attorney Charles J. Hynes today announced the indictment of Quality Concrete of New York, Inc. and their CEO Constantine Quadrozzi on various felony and misdemeanor violations of the Environmental Conservation Laws.  Quality, a cement company located at 46-73 Metropolitan Avenue on Newtown Creek (within 500 yards of Kings County), has been polluting the waters of Newtown Creek since at least June, 2003.                  Since June 9, 2003, there has been a cloudy discharge emanating from an underwater pipe coming off the Quality site.  The water was being polluted with industrial waste.  This discharge violated four sections of the New York State Environmental Conservation Law (ECL) because the discharge contravened the water quality standards set by the New York State Department of Environmental Conservation (DEC) for Newtown Creek.  Before October, 2004, Quality did not even have a permit to discharge any water at all.                    Representatives from Riverkeeper, an environmental watchdog group, observed the discharge.  Riverkeeper served Quality with a notice of intent to sue under the Clean Water Act (a federal statute).  Riverkeeper also alerted the DEC to the situation and the DEC initiated its own investigation.  Subsequently, Quadrozzi admitted to Basil Seggos, the lead Riverkeeper investigator, that Quadrozzi’s company owned the site and keeps dolomite (an aggregate used in concrete production) there. On November 25, 2003, Riverkeeper again observed the discharge. Despite Riverkeeper’s threat of a federal suit and the possibility of administrative enforcement from the DEC, the discharge continues.  On September 22, 2004, Seggos and Detective Jose    Caban of the DA’s office collected a sample of the discharge and sent it to a lab recommended by Riverkeeper.  Analysis showed large amounts of calcium (a component of dolomite and concrete), an extremely alkaline pH and extreme turbidity (cloudiness), all of which are harmful to the ecology of the creek, which remains polluted.                On October 19, 2004, Quadrozzi, acting under the corporate name of Maspeth Concrete Loading, obtained a permit to discharge non-polluted storm water from the Quality site.  Investigators from Riverkeeper and the DEC observed the discharge on 11 distinct occasions, and photographed it on many of these occasions.                District Attorney Hynes said, “Quality Concrete ignored numerous warnings to stop polluting the waters of Newtown Creek.  This company is carelessly destroying our water supply.  This indictment sends a message that we will not tolerate these actions.  I would like to commend Riverkeeper, Urban Divers and the Department of Environmental Conservation for their role in uncovering this criminal activity.”  Riverkeeper Executive Director Alex Matthiessen said, “Crimes against the environment are crimes against our society.  Those who chose to illegally dump are not only despoiling the environment, but are stealing precious water resources from all of us.  We thank the District Attorney for recognizing this and bringing these criminals to justice.”              Quadrozzi and Quality Concrete, Inc. were indicted on 22 felony counts and 20 misdemeanor counts which make it unlawful to use an outlet to discharge sewage, waste, or any pollutant into the waters of the state.              The felonies are E felonies punishable by fines ranging from $5,000 to $50,000 per day and up to 4 years in jail.  The misdemeanors are unclassified misdemeanors punishable by fines ranging from $2500 to $25,000 per day and up to one year in jail.                 Urban Divers, Riverkeeper and the Department of Environmental Conservation all played a significant role in the investigation              The case is being prosecuted by Executive Assistant District Attorney Anne Seely and Richard Farrell, Counsel to the Rackets Division.  Contact:   Sandy Silverstein                 718-250-2300 002 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND NEW YORK CITY POLICE COMMISSIONER RAYMOND KELLY ANNOUNCE THE ARRESTS AND INDICTMENTS OF TOMMY SALEH AND JAMES PETRILLO FOR INTIMIDATING A WITNESS IN THE MARK FISHER INVESTIGATION              Brooklyn, January 21, 2004 – Kings County District Attorney Charles J. Hynes and New York City Police Commissioner Raymond Kelly today announced the arrests of Tommy Saleh, 22, of 540 Ocean Parkway, Brooklyn, New York, and James Petrillo, 21, 1477 Bay Ridge Avenue for the intimidation of and tampering with a witness in the investigation surrounding the murder of Mark Fisher, a Fairfield University student who was shot to death in Brooklyn, on October 12, 2003.  The Kings County Grand Jury voted, Thursday January 20, 2005, to indict Saleh and Petrillo on charges including Intimidating a Witness in the Third Degree, Tampering with a Witness in the Third Degree, and Attempting Hindering Prosecution in the First Degree. Additionally, Petrillo was indicted on two counts of Perjury in the Third Degree, concerning his testimony before the investigative Grand Jury.                        Petrillo and Saleh are both long-term friends of John Guica, who is currently under indictment with Antonio Russo for the murder of Mark Fisher. Besides being uncooperative witnesses, together they further attempted to stymie the investigation by threatening an individual they believed to be cooperating with the authorities. These actions are indicative of the apparent agreement in existence by Guica’s and Russo’s close-knit circle of friends, who dub themselves “GM” or the “Ghetto Mafia”, to obstruct the ongoing investigation.              Additionally, Petrillo falsely gave sworn statements before the investigative Grand Jury.               “Every single person who was part of or otherwise involved in the murder of Mark Fisher should be on notice that this investigation continues and will not be completed until every person is given their measure of justice,” said District Attorney Charles J. Hynes.              Police Commissioner Kelly said: “The wall of silence in this case continues to crumble. I want to commend the detectives and prosecutors for their persistence.”  The murder investigation thus far has revealed that on the night before the murder, Mark Fisher was in Manhattan with a group of friends from Fairfield University. Subsequently, in the early morning hours of October 12, 2003, Fisher went to an impromptu party at a house located at 152 Stratford Road in Brooklyn, New York.  Mark Fisher met Antonio Russo at that party. Russo decided to rob Fisher and in the commission of that robbery, Russo shot and mortally wounded Fisher.  Shortly after 6:30 a.m. on October 12, 2003 in front of 150 Argyle Road, Brooklyn, New York, Fisher’s  lifeless body was found lying on a blanket in a pool of blood.  Fisher’s body had sustained five fatal gunshot wounds. The blanket upon which Russo was lying was taken from the house where the party had convened on Stratford Road. Fisher’s wallet was subsequently recovered from a sewer located between the party location and Russo’s residence.              Saleh and Petrillo were arraigned this morning before Judge Alan Marrus.  Bail was set at $25,000 each.  Defendants Anthony Russo and John Guica also appeared in the courtroom today for a hearing.  Russo will undergo a psychiatric evaluation, which was requested by his attorney.  Russo and Guica remain held without bail.  Saleh and Petrillo will be back in court on February 23rd.  Russo will be back in court on February 24th and Guica will be back in court on February 8th.                  The investigation is ongoing. If convicted, Saleh and Petrillo face one-and-a-third to four years imprisonment.              The case is being prosecuted by Senior Trial Attorney Anna-Sigga Nicolazzi from the Homicide Bureau, Senior Trial Attorney Josh Hanshaft from the Rackets Division, and Deputy Bureau Chief Patricia McNeill from the Rackets Division.  Michael Vecchione is Chief of the Rackets Division.  Ken Taub is Chief of the Homicide Bureau.   Contact:    Sandy Silverstein                   718-250-2300 003 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND NORMAN SEABROOK, PRESIDENT OF CORRECTIONS OFFICERS BENEVOLENT ASSOCIATION REPORT EXTRADITION OF  2002 MURDER SUSPECT  JAMES JOHNSON WAS ARRAIGNED TODAY FOR SHOOTING CORRECTIONS OFFICER               Brooklyn, February 2 2005 – Kings County District Attorney Charles J. Hynes and Norman Seabrook, President of 9000 member Corrections Officers Benevolent Association today reported the extradition of James Johnson, 33, for the shooting of Corrections Officer Andrew Morgan, 35, in April 2002.  Johnson was arraigned today on charges of Murder in the Second Degree and Criminal Possession of a Weapon in the Second and Third Degrees.  He was held without bail.  If convicted, he faces 25 years to life in prison.              Johnson’s wife was a Corrections Officer who worked in the same Rikers Island facility as Officer Morgan.  Johnson and his wife had been separated.  Morgan started seeing Johnson’s wife, and on April 9, 2002, Johnson spotted Morgan leaving his wife’s apartment building.  When Morgan got into his car, Johnson approached him from the driver’s side window of the car and shot him four times.  Morgan was transported to Long Island College Hospital where he died later that evening.                Johnson immediately fled New York City.  Detectives from the 60th Precinct and the Brooklyn South Homicide Task Force  were  able to use phone records, financial information and a variety of tips to eventually located Johnson in Alabama where he has extended family members.  In November 2004, Johnson was apprehended in Alabama where he was incarcerated on a local Alabama narcotics possession charge.  Johnson was extradited to New York where he was arraigned today.              District Attorney Hynes said, “This case goes to show that we will make every effort in apprehending a suspect and making sure that justice is served.  You can not run away from a crime.  You will be held accountable for your actions.  I would like to thank Elmore County District Attorney Randall Houston and Chief Assistant Sam Partridge for their assistance.”              COBA President Norman Seabrook said, “We are very relieved that the alleged killer has finally been apprehended.  The entire city was horrified by the barbaric killing of veteran Correction Officer Andrew Morgan.  Justice must and will be served.  I’d like to commend Brooklyn District Attorney, Joe Hynes, for his continuous support in pursuing justice in Kings County.    And on behalf of the entire Correction Officers’ Benevolent Association, I’d also like to commend the Detectives from the 60th Precinct and the Brooklyn Homicide Task Force.  We are truly grateful for their unrelenting efforts to track down this callous thug.”                Johnson has one prior arrest in New York from 1990 for Criminal Possession of a Controlled Substance, which resulted in a felony conviction.  He was sentenced to five years probation.                 The case is being prosecuted by Senior Trial Attorney Mark Hale and Executive Assistant District Attorney John Besunder of the Homicide Bureau.  Contact:  Sandy Silverstein                 718-250-2300 004 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES, RICHMOND COUNTY DISTRICT ATTORNEY DANIEL M. DONOVAN, AND POLICE COMMISSIONER RAYMOND W. KELLY ANNOUNCE TAKEDOWN OF 12 SUSPECTS FOR RUNNING ILLEGAL SUPER BOWL BETTING OPERATIONS AS PART OF OPERATION “KINGS FLUSH”  DISTRICT ATTORNEYS HYNES AND DONOVAN AND POLICE COMMISSIONER KELLY SCORE TOUCHDOWN IN SUCCESSFUL RAIDS ON NINE LOCATIONS IN BROOKLYN, STATEN ISLAND, QUEENS, AND MANHATTAN  DISTRICT ATTORNEY HYNES BELIEVES THERE ARE GOOD ARGUMENTS IN SUPPORT OF LEGALIZING SPORTS GAMBLING              Brooklyn, February 6, 2005 – Kings County District Attorney Charles J. Hynes, Richmond County District Attorney Daniel M. Donovan and Police Commissioner Raymond W. Kelly today announced the arrests of 12 suspects for running illegal gambling operations for Super Bowl Sunday.  As part of Operation “Kings Flush”, nine search warrants were executed simultaneously yesterday at various locations throughout Brooklyn, Staten Island, Queens and Manhattan.  Two of the defendants are charged with Promoting Gambling in the Second Degree, which is a Class A misdemeanor, punishable by a maximum of one year in prison.  The rest of the suspects are charged with Promoting Gambling in the First Degree, which is a Class E felony.  If convicted, those suspects can face a maximum of 1 1/3 – 4 years in prison.               Most raids took place in private homes or apartments, and one successful raid took place in a commercial social club in Brooklyn. Six of the locations were run by Asian suspects and the other three locations were operated by more traditional organized crime suspects.  Many of the locations that were raided were wire rooms.  These NYC operations were bringing in over $100 million per year.                        Illegal gambling is a big business.  Law enforcement officials estimate that illegal gambling generates as much as $15 billion a year in New York City alone and $100 billion nationally.  Approximately, $4 billion is bet just on the Super Bowl nation-wide.  Estimates of between 75-80 million dollars is wagered in the legal sports books in Nevada on the Super Bowl.              Obviously, according to the statistics, Super Bowl Sunday is the biggest betting day of the year.  This is the biggest day for organized crime, and provides them with their greatest source of cash for the year, which in turn, funds their other illegal activities.  Organized crime’s presence , through bookmakers at high schools and colleges throughout the U.S., contributes to the number one adolescent gambling problem, which is sports betting.              District Attorney Hynes’ office has been very successful in recent years in closing down these illegal gambling operations.  Hynes said, “It is foolish to continue to have these illegal gambling operations set up in Brooklyn because we always make moves to shut them down.”  Hynes believes that legalizing sports gambling should be considered an option.  “There are good arguments why the state should legalize sports gambling,” continues Hynes.  “Sports gambling is a $30 billion a year business.  Legalizing sports gambling will not increase customer base.  It is foolhardy to avoid opportunities to enhance tax space.”  Kathryn S. Wylde, President and CEO of Partnership for New York City, is looking into this issue of legalizing sports gambling as well.              District Attorney Donovan said, “I would like to commend District Attorney Hynes for continuing to lead the fight against illegal sports betting in the City of New York. Working with his office, we were able to shut down this illegal betting enterprise, the profits of which can often go to fund other illicit activities. As a result of yesterday’s takedown, “bookies” and gamblers alike have been put on notice that Staten Island is no safe haven for their corrupt business.”              The suspects arrested in Operation “Kings Flush” and the locations where they were arrested are as followed:   1.         618 Metropolitan Avenue, Brooklyn N.Y.             Arrested for Promoting Gambling (PL 225.05)             Alexander J. Noce        DOB 12/14/32  2.         12 Campus Place, Brooklyn N.Y.             Arrested for Promoting Gambling (PL 225.10)             Poon Hoong Chak         DOB 12/28/57          3.         346 Cortelyou Avenue, Staten Island                     Arrested for Promoting Gambling (PL 225.10)                     Vincent Maiorano        DOB 02/10/70          4.         11 Ridgecrest Avenue, Staten Island                     Arrested for Promoting Gambling (PL 225.05)                     Frank Pepe            DOB 11/04/70                                5.          61-17 159th Street, Flushing N.Y.                     Arrested for Promoting Gambling (PL 225.10)                     Chochun Sze       DOB 04/01/52                     Richard Zee      DOB 08/19/65                                6.           57-35 156th Street, Flushing N.Y.                       Arrested for Promoting Gambling (PL 225.10)                      Kit Cheng         DOB 07/26/54                      Patrick Q. Tran DOB 09/22/65                                7.          62-01 Main Street, Flushing N.Y.                      Arrested for Promoting Gambling (PL 225.10)                      Fattsoon Wong   DOB 02/14/57                                8.          209 Bay 22nd Street, Brooklyn N.Y.                       Arrested for Promoting Gambling (PL 225.10)                      Gui Hui Jiang             DOB 08/24/73                                9.          55 Bayard Street, Manhattan N.Y.                       Arrested for Promoting Gambling (PL 225.10)                      Hui'Yan Wang           DOB 03/14/60                      Da'Qi Zhao    DOB 09/10/57              There were many detectives from the Kings County District Attorney’s Office who were instrumental in this crackdown.  They worked under the leadership of Supervising Investigator Gregory Deboer.  Joseph Ponzi is Chief Investigator for the Kings County District Attorney’s Office.  Investigators who played a key role in the crackdown from the Richmond County District Attorney’s Office include Detective Squad Lt. Frank DeBenedetto, Sgt. James Burke, supervising Det. Robert Nestel and Det. James Masiello.             Executive Assistant District Attorney Christopher Blank from the Rackets Division will prosecute the case for the Kings County District Attorney’s Office.  Michael Vecchione is Chief of the Kings County District Attorney’s Office’s Rackets Division.  Assistant District Attorney Louis C. Annunziata will be prosecuting the case under the supervision of Timothy Koller, Chief of the Supreme Court Bureau for the Richmond County District Attorney’s Office.  Contact:   Sandy Silverstein                  718-250-2300 005 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES, NYC DEPARTMENT OF INVESTIGATION COMMISSIONER ROSE GILL HEARN AND NYC HUMAN RESOURCES ADMINISTRATION COMMISSIONER VERNA EGGLESTON ANNOUNCE ARREST AND INDICTMENT OF HRA EMPLOYEE WHO STOLE EMERGENCY FUNDS  DEFENDANT RICHARD BROWN TRANSFERRED MONEY INTO FOUR ACQUAINTANCES’  PUBLIC ASSISTANCE ACCOUNTS              Brooklyn, February 17, 2005 – Kings County District Attorney Charles J. Hynes, New York City Department of Investigation Commissioner Rose Gill Hearn and New York City Human Resources Administration Commissioner Verna Eggleston today announced the arrest and indictment of Richard Brown, 44, for electronically stealing $15,896 in Immediate Needs funds from NYC HRA’s Greenwood Job Center located at 275 Bergen Street in Brooklyn.  The arrest of the other four co-defendants are imminent.  All five defendants will be charged with Grand Larceny.  If convicted, Brown could face a maximum of seven years in prison.  The other defendants face either a maximum of four years or seven years in prison.              For the past six years (since July 1998), Brown has worked as a supply room clerk at the Greenwood Center.  Investigations revealed that in September 2003, Mr. Brown offered his data entry skills to help process welfare cases.  For the next eight months, Brown made over 50 electronic transfers into the four co-defendants’ public assistance accounts, the indictment charges.                Brown’s scheme began with a few unauthorized electronic issuances of $51, later growing to numerous transfers of $500 in funds.  In January 2004, Brown’s illicit data entry work was transferring $254 every three or four days to his female co-defendants.  In a single week in May 2004, Brown transferred $4,000 of public funds to co-defendants. Ultimately, each codefendant pocketed between $1,700 and $6,300 in cash, in addition to their legitimate public assistance monies.                  Typically an active welfare recipient like these codefendants would only qualify for a small amount of Immediate Needs funds after personally explaining their dire circumstances,  and have an additional $20 or $30 placed in their individual public assistance accounts to be withdrawn similar to a common Bank Debit Card by the recipient.                   Brown’s role in this plot involved keying in a co-defendant’s HRA ID number along with varying issuance amounts into the HRA computer that electronically transfers funds from the HRA general funds into each co-defendant’s welfare account.  To coordinate the scheme, Brown called co-defendants after making the transfers and detailed the amounts and time of day their ill-gotten funds would become available for withdrawal.  Then, the co-defendants would withdraw the funds almost always within 12 hours of the transfer and convert it to cash at an ATM or a check cashing establishment.  In exchange, it is charged that the co-defendants would give cash gifts to Brown.  DOI’s investigation began after HRA reported that the amounts of Immediate funds were excessively larger than normal to one particular client.  DOI determined that the clients who were receiving the monies were not clients of that particular center where Brown worked.  When the scheme was unraveled, Brown was relieved of his computer duties.  He was arrested this morning.              District Attorney Charles J. Hynes said, “It was obvious that there was fraudulent activity in this case based on the exorbitant funds that were received.  This is another case of greedy individuals trying to defraud the system and take away money from people who need it.  These suspects have been stealing money from the public.  The arrests demonstrate our commitment to cracking down on scams that rip off the honest taxpayers.”              DOI Commissioner Rose Gill Hearn said, “By taking money they didn’t deserve, all of the defendants in this case took money that could have gone to others who needed it even more. They should have known that public assistance is for the needy but not the greedy.  DOI and its partners in government will make every effort to ensure that tax payers’ money will go to those who need more not those who want more.  Congratulations to the investigators and all those involved for putting together a great case.”                  HRA Administrator/Commissioner Verna Eggleston said, “In the extremely rare cases where Human Resources Administration/Dept.of Social Services employees breach the public trust, we have the techniques and technology to find out quickly and report it immediately to the proper authority,"              The case is being prosecuted by Senior Investigative Attorney Frank Dudis and Bureau Chief Lauren Mack from the Public Assistance Crimes Unit of the Kings County District Attorney’s Office. Contact:    Sandy Silverstein                   718-250-2300 006 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF HIT AND RUN DRUNK DRIVER WHO KILLED OFF-DUTY POLICE OFFICER AND HIS OWN DAUGHTER IN CRASH  DEFENDANT GARY WILKERSON HAS BEEN IN A COMA SINCE THE DATE OF INCIDENT              Brooklyn, February 28, 2005 – Kings County District Attorney Charles J. Hynes today announced the indictment of Gary Wilkerson, 39, for the deaths of his daughter Shanay Branch, 19, and off-duty police officer Jehova Delgado, 27, as a result of the February 13th drunk driving collision.  Wilkerson, who is currently in a coma, faces a top charge of Manslaughter in the Second Degree, which is punishable by a maximum of 5 - 15 years in prison.              In the early morning hours of February 13th, Wilkerson was driving his Ford Exhibition back from a party celebrating his daughter’s birthday.  He admittedly was drinking and got into the car with seven passengers.  At the Corner of Putnam and Central Avenues in Bushwick, Wilkerson sped through a stop sign and collided with Delgado’s 2002 Honda Civic. Officer Delgado was on his way to work at the 75th precinct when Wilkerson crashed into his vehicle, causing Delgado to ram into a utility pole and eject from his car.  He was pronounced dead on the scene.  Wilkerson’s daughter, Shanay Branch, was also ejected from her father’s vehicle and died at the scene.  Meanwhile, Wilkerson’s other passengers suffered various injuries and were treated at local hospitals.              Following the crash, Wilkerson fled the scene.  He showed up five hours later at Brookdale Hospital where he collapsed, and later fell into a coma.  When he arrived at the hospital, he was observed to be exhibiting signs of intoxication including red, watery eyes and a strong odor of alcohol on his breath.  At the present time, Wilkerson is still in a coma.                District Attorney Hynes said, “Gary Wilkerson put not only himself but his family and friends in jeopardy when he got behind the wheel of that vehicle after he had been drinking.  He showed utter disregard for the lives of others.  You have to take responsibility for your actions.  Wilkerson is responsible for the deaths of two lives, one of which is his own daughter.  Hopefully, this indictment will demonstrate the repercussions and ramifications of drunk driving and make others reconsider getting into a car after they’ve been drinking.”              Wilkerson is charged with two counts of Manslaughter in the Second Degree, two counts of Vehicular Manslaughter in the Second Degree, Reckless Endangerment in the Second Degree, Reckless Driving, three counts of Operating a Motor Vehicle While Under the Influence of Alcohol, Leaving the Scene of an Incident Without Reporting, Unlicensed Operator, two counts of Assault in the Second Degree, two counts of Vehicular Assault in the Second Degree, and four counts of Assault in the Third Degree.             The case is being prosecuted by Executive Assistant District Attorney Maureen McCormick of the Vehicular Crimes Bureau.  Contact:  Sandy Silverstein                       718-250-2300 007 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES COMPLETION OF FRAUD INVESTIGATIONS INVOLVING FOUR ATTORNEYS WHO MISAPPROPRIATED FUNDS FROM THEIR CLIENTS  VICTIMS CAN APPLY FOR RESTITUTION FROM LAWYERS FUND FOR CLIENT PROTECTION              Brooklyn, March 8, 2005 – Kings County District Attorney Charles J. Hynes today announced the takedown of four attorneys who swindled their clients out of thousands of dollars.  Defendants Jeruchom “Jerry” Bergstein, Shelley Miller, Richard Sbeglia and Valerie Simuro were all arrested for stealing money from their clients.  Valerie Simuro is an attorney who was arrested on March 8, 2005 for stealing from her client escrow funds.  She represented many Trust and estate clients, primarily in the Bay Ridge area.  She invaded eight of these escrow accounts to support her casino gambling addiction, losing her clients’ money.  She admitted to taking more than $2 million from client funds. The case was investigated by Financial Investigators Eugene Brozen and Vincent Verlezza from the District Attorney’s Office.  Postal Inspector Anthony Piazza and agents from the U.S. Secret Service, N.Y. Field Office also played a significant role in this investigation. This case in being prosecuted by Executive Assistant District Attorney Charles Guria of the Rackets Division.  Robin M. Dalgleish, Postal Inspector-in-Charge, New York Division said, “People shouldn’t feel they are gambling when choosing an attorney.  In this case, however, it was the attorney who gambled…with her clients’ money.  Although large sums of money were lost because of (Ms. Simuro’s) selfishness, it’s the emotional scars, caused by her betrayal, these victims will always remember.  The Postal Inspection Service was proud to work with Brooklyn DA Hynes and his staff and will continue to aggressively investigate arrest and seek prosecution of anyone attempting to defraud the public.”              Jerry Bergstein, 45, was an attorney who was disbarred in November of 2002, yet he illegally continued to pose as an attorney and dupe clients.  He offered to assist clients in various legal matters, but did not deliver on his promises.  The most serious accusation in the indictment against Bergstein involved the proffering of forged court documents to a bank in an attempt to unfreeze personal assets that were the subject of litigation.  He also swindled clients by taking fees from them and promising to represent them in various cases including bankruptcy, landlord-tenant disputes, estates, and in one case, he was paid to get a client a tax number for incorporation of a business.  He stole thousands of dollars from his clients.  The top charge in this case in Criminal Possession of a Forged Instrument in the Second Degree, a Class D Felony, which is punishable by a maximum of 2 1/3 – 7 years.  Bergstein was also indicted on charges of Criminal Possession of a Forged Instrument in the Third Degree, Scheme to Defraud in the First Degree, Falsifying Business Records in the First Degree, Petit Larceny, Practicing or Appearing as Attorney-At-Law Without Being Admitted and Registered, and None But Attorneys to Practice in the State.  The case is being prosecuted by Unit Chief Eileen Ayvazian of the Rackets Division.                  Shelley Miller, 44, was an attorney who stole over $600,000 from her client Fatema El-Bilal.    Ms. Miller and her employee Satwan Mohammed persuaded Ms. El-Bilal to transfer her savings to Ms. Miller’s clients’ account.  From there, Ms. Miller told Ms. El-Bilal that she would use this money to buy Ms. El-Bilal a house for her and her five children, run a business for Ms. El-Bilal and provide her with $3,000 every month for expenses.  Instead, Ms. Miller transferred the money into an account which only Ms. Miller and Mr. Mohammed had access to.  Miller and Mohammed paid themselves in checks, nearly $200,000 of the client’s money.  They also used Ms. El-Bilal’s money to buy an apartment building located at 298 Atlantic Avenue, which they put in Mr. Mohammed’s name.  Ms. Miller and Mr. Mohammed later moved into an apartment in that building where they lived rent-free for several years.  As for the client, Ms. Miller and Mr. Mohammed refused her repeated requests for some of her own money and an apartment at 298 Atlantic Avenue.  On January 14th, 2005,  Ms. Miller and Mr. Mohammed were convicted after a jury trial, of Grand Larceny in the Second Degree.  Ms. Miller was disbarred for her conduct prior to the commencement of the trial.  Ms. Miller was sentenced on March 7th to 2 ½ - 7 ½ years in prison by Justice Gustin Reichbach.  Mr. Mohammed is scheduled to be sentenced on April 7th.  The case was investigated by Chiel Financial Investigator Roy Weinstein from the District Attorney’s Office.  The case was prosecuted by Senior Trial Attorney Michael Spanakos of the Rackets Division.              Richard Sbeglia, 52, was arrested for his conduct involving the alleged theft of client funds entrusted to him, primarily in real estate matters.  He represented one particular client in real estate transactions where he would take hundreds of thousands of dollars from him, and when the deals fell through, despite numerous requests, Sbeglia did not return the money to his client. Among his other crimes, Sbeglia forged documents to his name to take out second mortgages on various properties. He has admitted to taking over $500,000.  He is charged with top counts of Grand Larceny in the Second Degree and Criminal Possession of Stolen Property in the Second Degree, both Class C felonies, punishable by a maximum of 5 – 15 years.  He also faces charges of Forgery in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree and Falsifying Business Records in the First Degree.  The case is pending.    The next court date is March 18th.  This case is being prosecuted by Senior Investigative Attorney Valerie Forbes of the Rackets Division.                District Attorney Hynes said, “These attorneys were retained to assist, protect and advise their clients.  They betrayed their clients’ trust by stealing from them.  You have a responsibility as an attorney.  The arrests should ensure clients that they can retain an attorney and that these attorneys would perform the tasks that they were paid to do, without fear of deception.  If an attorney does decide to act irresponsibly and steal money from their clients, they will be brought to justice.”              These clients can apply for reimbursement from The Lawyers Fund for Client Protection.  This is a state-run program set up in Albany, which gives money back to victims who were swindled by attorneys if these attorneys can not pay the money back.  Every attorney registered with the Bar pays $350 every two years to the Office of Court Administration.  Part of that money goes into the fund.  Clients who were victimized can make a claim up to $300,000.  District Attorney Hynes is a member of the Board.  Contact:   Sandy Silverstein                   718-250-2300 008 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES TAKEDOWN OF SEVEN SCAMMERS WHO FRAUDULENTLY COLLECTED WORKERS’ COMPENSATION  SUSPECTS REPORTED INJURIES AT WORK BUT TOOK ON OTHER JOBS OR PERFORMED EXTENSIVE PHYSICAL ACTIVITY  SUSPECTS CAUGHT ON VIDEOTAPE SURVEILLANCE!!!  JOINT INVESTIGATION CONDUCTED BY DISTRICT ATTORNEY’S OFFICE, NYS WORKERS’ COMP BOARD, NYC TRANSIT AUTHORITY, NYS INSURANCE DEPARTMENT, U.S. DEPARTMENT OF LABOR AND  U.S. POSTAL INSPECTION SERVICES              Brooklyn, March 10, 2005 --  Kings County District Attorney Charles J. Hynes today announced the takedown of seven suspects who collected benefits from Workers’ Compensation for injuries suffered on the job, while taking on other jobs or in one case, performing extensive physical activity on house repairs.  They defrauded the system by receiving these benefits which included intermittent payments to settle their claims for lost wages.  Six of the seven defendants were arrested and there is an arrest warrant for the last defendant.  They all face top charges of Grand Larceny in the Third Degree and Insurance Fraud in the Third Degree, both Class D felonies, punishable by a maximum of 2 1/3 – 7 years.  Other charges include Falsification of Business Records in the First Degree and Offering a False Instrument for Filing in the First Degree.    A condition of the suspects receiving benefits was that the defendants were, and remained, unable to work. In order to continue to collect benefits, the targets were required to file documentation attesting to the fact that they remained injured and unable to work.  They falsely attested that they remained unemployed.               Investigations which included videotape surveillance was initiated by several agencies including the Kings County District Attorney’s Office, NYS Workers’ Compensation Board, NYC Transit Authority, NYS Insurance Department, the U.S. Department of Labor and the U.S. Postal Inspection Services.              One of the defendants, Cynthia Fields, was a bus driver who allegedly sustained an injury when a bus that she was driving hit a pothole.  She filed documentation with the New York City Transit Authority claiming that she was unable to work because of her injury, yet at the