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


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 66th 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 62nd 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.

 

#

 

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

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.

 

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


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 79th 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.

                                                           #

 

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

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.

#

 

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


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.

#

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 26th 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 55th 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 100th Street, Canarsie, Brooklyn. Released without bail.
  8. Neon Orridge, 21, 939 East 100th 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.

 

 

Twenty-Two Defendants – Including Eight Doctors – Charged With Enterprise Corruption in Massive $7 Million Medicaid Fraud


FOR IMMEDIATE RELEASE
Tuesday, March 31, 2015

 

Twenty-Two Defendants – Including Eight Doctors – Charged With Enterprise Corruption in Massive $7 Million Medicaid Fraud

Defendants Preyed on Low-Income and Homeless People; Offered Free Sneakers in Exchange For Unnecessary Medical Tests, Treatment

Brooklyn District Attorney Ken Thompson, together with United States Health and Human Services Office of the Inspector General New York region Special Agent in Charge Scott J. Lampert, New York City Human Resources Administration Commissioner Steven Banks and the New York State Acting Medicaid Inspector General Dennis Rosen, today announced that eight doctors are among 22 defendants named in a 199-count indictment that alleges they participated in a massive scheme in which they lured people recruited from low-income neighborhoods, homeless shelters and welfare offices to corrupt medical clinics for unnecessary tests with the promise of free footwear such as sneakers, shoes and boots.

District Attorney Thompson said, “These defendants allegedly exploited the most vulnerable members of our society and raked in millions of dollars by doing so. The many poor people who were allegedly targeted at homeless shelters, welfare offices and soup kitchens and referred to as ‘guinea pigs’ by the defendants were exploited for hours, if not days, just because they needed a pair of shoes. That so many doctors allegedly participated in this elaborate scheme to defraud a health care system designed to help the poor is truly disgraceful.”

Special Agent in Charge Lampert said, “Arresting eight physicians today should be a warning that when you commit health care fraud and compromise patient care, we will arrest you. Justice doesn’t discriminate. HHS OIG commends the Brooklyn District Attorney’s Office for their diligent work in this case. Our offices will continue to work together to combat health care fraud in Kings County.”

Commissioner Banks said, “The alleged conduct here is disgraceful. Clients were misled, the Medicaid system was exploited, and government funding for medical care for clients was diverted. I thank the Kings County District Attorney’s Office, the Office of the Medicaid Inspector General, the Health and Human Services Office of the Inspector General for their excellent work and also the HRA staff who assisted in this successful investigation. ”
Acting IG Dennis Rosen said, “Health care fraud compromises the integrity of the Medicaid program as well as the health care delivery system, and it wastes tax payer dollars. Today’s indictment, which is the result of the collaborative efforts of the Brooklyn District Attorney, Health and Human Services, New York City Human Resources Administration and OMIG, sends a clear, unmistakable message that those who commit health care fraud will be identified and held accountable for their actions.”

The District Attorney identified Eric Vainer, 43, of 220 Riverside Boulevard, New York, New York, as the alleged mastermind and leader of the scheme, and his mother, Polina Vainer, 66, of 189 Keating Place, Staten Island, New York, as his second in command. Some of the defendants were arraigned before Brooklyn Supreme Court Justice Danny Chun this morning on an indictment in which they are variously charged with enterprise corruption, first-degree money laundering, first-degree scheme to defraud, first-degree health care fraud, first-degree falsifying business records, first-degree offering a false instrument for filing, fourth-degree grand larceny, fourth-degree attempted grand larceny, fourth-degree conspiracy, social service law, petit larceny and attempted petit larceny. The defendants are being arraigned throughout the day and bail set in varying amounts.

They are ordered to return to court on May 19, 2015. If convicted, they face up to 25 years in prison on the top count. See addendum for identities of other defendants charged in this indictment.

The District Attorney said that the investigation began in July 2012 after a Brooklyn resident reported her concerns to the DA’s Action Center. She said she was approached by recruiters and taken to one of the clinics, where she met with a podiatrist and was given a knee brace and sneakers. When she said she did not need the knee brace, she was told she had to take it to get the sneakers.

The District Attorney said that, according to the indictment, between October 1, 2012 and September 30, 2014, the defendants – including 22 men and women (eight of whom were doctors) and eight companies – engaged in a criminal enterprise by intentionally participating in a pattern of criminal activity through the fraudulent operation of medical clinics and the submission of fraudulent claims to Medicaid, Medicaid-managed health care organizations and Medicare. In addition to doctors, the defendants include nurse practitioners, physician’s assistants, technicians, office staff, recruiters, managers and billers.

The District Attorney said that, according to the indictment, the Enterprise fraudulently billed for more than $6.9 million over the period covered by the indictment in a scheme in which recruiters for the Enterprise went out to low-income areas and approached people on the street, including outside of homeless shelters and welfare offices, and offered them free sneakers if they could produce a Medicaid card and would agree to have their feet examined at a medical clinic. The recruiters operated throughout the City, including in the Bronx; Richmond Hill and Jamaica, in Queens; a Men’s shelter in Chelsea; and in Brooklyn, in Bushwick, Brownsville and East New York, among other places. If the person agreed, they were immediately taken to one of Vainer’s clinics, which were located in Williamsburg and the Bronx. Once there, a podiatrist performed a cursory, if any, examination. The clinic would then provide the client with footwear and additional medical equipment such as an ankle brace or orthotic insole, for which it could then bill the insurers. It is alleged that these devices were medically unnecessary.

It is further alleged, according to the indictment, that clients were then frequently referred for a battery of other medically unnecessary tests and procedures, including vein tests, pain management evaluations, physical therapy and cardiograms with other members of the criminal enterprise. Eric Vainer allegedly decided what medical tests, procedures and durable medical equipment would be ordered, dispensed and billed, and sometimes, even, how the medical providers would be compensated.

The alleged purpose of the tests was to bill Medicaid, Medicaid managed care organizations and Medicare. It is alleged that some of the medical providers paid Vainer a kickback and others split with him the money generated from insurance billings. Vainer allegedly ensured that he was properly compensated by tracking the number of patients seen by the different doctors by computer and daily reports from office managers.

As part of the Enterprise, Vainer and his mother owned a durable medical equipment business, T.W. Capital dba West 5th Medical Supply, which worked with the corrupt clinics to carry out the fraud. Polina Vainer also allegedly assisted her son in managing the entire operation, overseeing the billing and payroll departments for several of the clinics and medical professionals.

Furthermore, according to the indictment, among the medical providers that Vainer maintained relationships with were podiatrists, a vascular surgeon, cardiologists, pain management specialists, psychiatrists, and others.

Podiatrists included Benny Ogorek, DPM, at Vainer’s Bronx clinic, Avia Jackson, DPM, and Simeon Isaacs, DPM, at Vainer’s Williamsburg clinics, and Nemaan Ghuman, DPM, at the East Tremont Avenue clinic. The podiatrists allegedly saw patients, fabricated symptoms and created false diagnoses. They then allegedly prescribed unnecessary DME and vein or artery tests. In some cases, the patients were referred for psychiatric care or pain management. These referrals would then generate recurring visits for which they could bill.

It is alleged that the enterprise also used the services of vascular surgeon David Glass, MD, and cardiologist Joseph Grossman, MD, who either billed Medicaid and other insurance carriers for medical services never performed or for reviewing medically unnecessary vein and artery ultrasounds performed by technicians at Vainer’s clinics, or both.

Glass was the owner of The Center for Surgery dba New York Vein Center. Yelena Korsunskaya was his office manager and the alleged liaison between Glass and Vainer. She allegedly tracked the number of vein tests Vainer and other members of the enterprise sent to Glass for review, and the payments Glass sent to Vainer. Although she worked for Glass, her salary was paid by both Glass and Vainer.

Grossman was the owner of Treating Physician Medical Care P.C., and Vainer had access to Treating Physician Medical Care P.C.’s bank account.

It is also alleged that the Vainer clinics offered pain management services, run by Henry Sardar, DO, the owner of Hyland Boulevard Physical Medicine and Rehabilitation, PLLC. Sardar employed Susan Nutakor-Doh, NP, and Hoda Abdelaziz, NP, and physician’s assistant Taesoo Kim, and oversaw their prescribing and providing medically unnecessary services such as office visits, physical therapy and DME. Sardar alleged paid Vainer a monthly fee for the patients he steered to Sardar.

It is further alleged that Herbert Meadow, MD, Renee Denobrega, NP, and physician’s assistant Matthew Jordan provided psychiatry services to patients, and charged inflated fees for abbreviated patient visits. They also referred patients to others in the enterprise for costly, frequent and unnecessary tests and procedures. Meadow was the owner of record for Community Medical Disorder P.C., and Vainer opened and was the sole signer of its bank account initially. Meadow is presently the sole signer, and both shared the profits generated by the billings.

Finally, the Enterprise used a network of recruiters to entice individuals covered by Medicaid or other insurers to become “patients” at the corrupt clinics. The recruiters provided patients with transportation to the clinics. Bernard Rorie is alleged to be the Enterprise’s chief recruiter, and he had associates working with him. Vainer paid the recruiters for each patient they brought in.

The case was investigated by Detective Investigator Michael Sidlowski, Supervising Detective Investigator Glenn Kenny and Supervising Detective Investigator Robert Addonizio, under the supervision Deputy Chief Edwin Murphy and the overall supervision of Chief Richard Bellucci, of the District Attorney’s Investigations Bureau.

Senior Financial Investigators Arthur Criscone and Elliot Gallub and Paralegal Charles Machado of the District Attorney’s Office assisted in the investigation.

In connection with today’s charges, the United States Attorney’s Office for the Eastern District of New York obtained warrants to seize 13 bank accounts into which payments from the defrauded federally funded programs could be traced.

The District Attorney thanked our partners in the investigation, including United States Health and Human Services Office of the Inspector General, New York City’s Human Resources Administration’s Office of Medicaid Provider Fraud and Abuse Investigation, New York State Office of the Medicaid Inspector General, New York State Department of Health, and the United States Attorney’s Office for the Eastern District of New York.

The case is being prosecuted by Assistant District Attorney Debra Jaroslawicz, Assistant District Attorney Joel Greenwald and Deputy Chief Dana Roth, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Felice Sontupe, Chief, 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.
#
DEFENDANT ADDENDUM:
1. Eric Vanier, 43, of 220 Riverside Boulevard, New York, New York.
2. Polina Vainer, 66, of 189 Keating Place, Staten Island, New York.
3. Igor Marmulevskiy, 30, of 88 East End Avenue, New York, New York.
4. Melissa Gonzalez, 31, of 210 Roebling Street, Williamsburg, Brooklyn.
5. Shawn Mayo, 38, of 192 Sand Street, Vinegar Hill, Brooklyn.
6. Kirill Shakhov, 26, of 1522 West Fourth Street, Bensonhurst, Brooklyn.
7. Marina Vargas, 49, of 3620 Coney Island Avenue, Brighton Beach, Brooklyn.
8. Dr. Henry Sardar, DO (pain management) 39, of 2376 East 4th Street, Gravesend, Brooklyn.
9. Susan Nutakor-Doh, 48, of 7502 Austin Street, Forest Hills, Queens.
10. Taesoo Kim, 28, of 32-02 37th Avenue, Long Island City, New York.
11. Hoda Abdelaziz, 48, of 6006 168th Street, Fresh Meadows, Queens,
12. Dr. David Glass, MD (vascular medicine) 65, of 333 Rector Place, New York, New York.
13. Yelena Korsunskaya, 60, of 7902 19th Avenue, Bensonhurst, Brooklyn.
14. Dr. Benny Ogorek, DPM (podiatrist), 64, of 67-15 102nd Street, Forest Hills, Queens.
15. Dr. Avia Jackson, DPM (podiatrist) 43, of 146-18 Liberty Avenue, Jamaica, New York.
16. Isaacs, DPM (podiatrist) 63, of 141-19 71st Road, Flushing, Queens.
17. Dr. Neeman Ghuman, DPM (podiatrist) 40, of 78 70th Street, Bay Ridge, Brooklyn.
18. Dr. Herbert Meadow, MD (psychiatrist) 79, of 1025 5th Avenue, New York, New York.
19. Matthew Jordan, 33, of 365 Oscawana Lake Road, Putnam Valley, New York.
20. Renee Denobrega, 32, of 188 Dorchester Drive, Bushkill, Pennsylvania.
21. Dr. Joseph Grossman, MD (cardiologist) 82, 6 Elizabeth Court, Briarcliff Manor, New York.
22. Bernard Rorie, 59, of 211 Malcolm X Boulevard, Brooklyn, New York.
23. Assist Medical Supplies, Corp.
24. T.W. Capital Corp. dba West 5th Medical Supply
25. Ned Mgmt. Corp.
26. NYC Podiatry P.C.
27. Community Medical Disorder P.C.
28. Hylan Boulevard Physical Medicine And Rehabilitation, PLLC.
29. Treating Physician Medical Care P.C.
30. The Center for Surgery dba New York Vein Center, LLC.

MEDICAL CLINICS OWNED BY OR AFFILIATED WITH ERIC VANIER:
1. 721 Flushing Avenue, Williamsburg, Brooklyn.
2. 741 Flushing Avenue, Williamsburg, Brooklyn.
3. 953 Southern Boulevard, Bronx, New York.
4. 1396 Myrtle Avenue, Bushwick, Brooklyn.
5. 471 East Tremont Avenue, Bronx, New York.

OTHER ENTITIES OWNED BY OR AFFILIATED WITH ERIC OR POLINA VANIER:
1. Assist Medical Supplies, Corp., a durable medical equipment company that billed for medically unnecessary DME, located at 67 35th Street, Sunset Park, Brooklyn. Eric Vanier served as its Chief Executive Officer.
2. Ned Mgmt Corp., of which Eric Vanier was the owner and President (same location as above), and was allegedly used by Vanier to operate the Enterprise and to launder funds.
3. T.W. Capital Corp., dba, West 5th Medical Supply, owned Polina Vanier. Durable Medical Equipment company that billed for medically unnecessary DME.

Brooklyn Man Who Shot NYPD Emergency Service Officers Convicted of Aggravated Assault Of a Police Off


FOR IMMEDIATE RELEASE
Thursday, April 2, 2015

 

Brooklyn Man Who Shot NYPD Emergency Service Officers Convicted of Aggravated Assault Of a Police Officer

Officers Shot After Defendant Barricaded Himself Inside An Apartment He Shared With His Pregnant Girlfriend And 10-Month-Old Son

District Attorney Ken Thompson today announced that a 36-year-old man was convicted last night of two counts of aggravated assault upon a police officer and other charges for shooting at and injuring five members of the New York City Police Department’s Emergency Service Unit when they responded to a call at the defendant’s Sheepshead Bay apartment. The police were called after reports that the defendant had pointed a gun at someone during an earlier altercation.

District Attorney Thompson said, “Police officers put their lives on the line every day to keep us all safe. This defendant not only had the audacity to fire at our police officers, he recklessly put the pregnant mother of his baby in harm’s way. The jury has spoken and now the defendant will spend many well-deserved years behind bars.”

The District Attorney said that the defendant, Nakwon Foxworth, 36, of 3301 Nostrand Avenue in Sheepshead Bay, Brooklyn, was convicted of two counts of aggravated assault upon a police officer, three counts of attempted aggravated assault upon a police officer, three counts of second-degree criminal possession of a weapon, one count of third-degree criminal possession of a weapon and second-degree menacing, following a jury trial before Brooklyn Supreme Court Justice Neil Firetog, who set sentencing for April 23, 2015, at which time the defendant faces up to life in prison. The defendant is a mandatory persistent violent felony offender.

The District Attorney said that, according to trial testimony, on April 8, 2012, the defendant got into a verbal dispute with movers in his building over items left in a hallway. The defendant pulled a gun on the workers and the police were called. The defendant then returned to the apartment he shared with his girlfriend, Jessica Hickling, and their 10-month-old son, armed with a gun.

Approximately an hour after police arrived, the defendant allowed Hickling and the baby to leave the apartment. The defendant then opened fire on the responding officers, injuring three of them. The officers then returned fire and struck the defendant. Three guns were recovered from the defendant’s apartment.

The District Attorney said that Officer Matthew Granahan was shot in the leg, Officer Michael Keenan was shot in the knee and Officer Kenneth Ayala was shot in the pelvic area and the foot. All of the officers were hospitalized and have recovered from their injuries.

The case was prosecuted by Senior Assistant District Attorney Andres Palacio of the District Attorney’s Homicide Bureau and Assistant District Attorney Thomas Teplitsky under supervision of Deputy District Attorney Kenneth Taub, Chief of Homicide Bureau.

 

City Adult Protective Services Employee Charged In $214,000 Theft


FOR IMMEDIATE RELEASE
Friday, April 3, 2015

 

City Adult Protective Services Employee Charged In $214,000 Theft From 94-Year-Old Woman in Her Care

Case Manager Used Online Banking To Steal From Greenpoint Woman’s Accounts

Brooklyn District Attorney Ken Thompson and Philip R. Bartlett, the Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service, today announced that a case manager with the city’s Adult Protective Services has been charged with looting her 94-year-old client’s bank accounts of more than $214,000.

District Attorney Thompson said, “This defendant was entrusted by the city to help an elderly woman live safely at home. Instead, she allegedly defrauded the victim in a shameful act of greed and deception against a 94-year old woman.”

Inspector-in-Charge Bartlett said, “The defendant used her position of trust as a Case Worker for Adult Protective Services to allegedly steal from the very person placed in her care. Her alleged conduct is heartless, despicable and will not be tolerated. She will be held accountable for her actions.”

District Attorney Thompson identified the defendant as Cecile Davidson, 50, of 117-21 164th Street in Jamaica, Queens, and of Conyers, Georgia. She was arrested in Georgia, returned to New York and arraigned today before Brooklyn Supreme Court Justice Jo Ann Ferdinand. In the 51-count indictment the defendant is charged with second-degree grand larceny, second-degree criminal possession of a forged instrument and first-degree identity theft. The defendant was remanded. She is to return to court on May 8, 2015. She faces up to 15 years in prison if convicted.

District Attorney Thompson said that, according to the indictment, Davidson has been employed since July 9, 2012 as a case manager for Village Care of New York, a sub-contractor for Adult Protective Services, a program run by the city’s Human Resources Administration.

The District Attorney said that, according to the investigation, the victim was a client of APS at Village Care from January 10, 2013 to September 13, 2013 and from January 24, 2014 to September 8, 2014, and Davidson was her case manager during both periods.

The District Attorney said that, according to the investigation, online banking was established to access the victim’s accounts at Capital One Bank on July 23, 2013 and a debit card was sent to the residence in Greenpoint. After online banking was established, it is alleged, $105,851.34 in online checks were issued from the account in the name of Davidson and a day care center in Georgia where Davidson previously worked, and mailed to Davidson’s Post Office box in Brooklyn.

Davidson allegedly also used the debit card to withdraw cash from ATMs and purchase Postal Service money orders at U.S. Post Office locations in transactions totaling $67,366.43. The money orders were made out to Davidson’s relatives and other people connected to her in Georgia.

Investigators at Capital One alerted the Postal Service to the debit card purchases of money orders, and a Postal Inspector reviewed surveillance recordings at Post Offices and stores where the victim’s debit card was used and determined that Davidson had used it.

The District Attorney would like to thank Major Case Investigator at Capital One Peter D’Angelo, U.S. Postal Inspector Joseph Marcus and the U.S. Marshals Service Fugitive Task Force for their assistance.

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

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

 

Former Reception Hall Waiter Sentenced To Prison For Stealing Donation Box From Borough Park Synagogue


FOR IMMEDIATE RELEASE
Tuesday, April 7, 2015

 

Former Reception Hall Waiter Sentenced To Prison For Stealing Donation Box From Borough Park Synagogue

Defendant Received Two to Four Years in Prison for Burglarizing Former Employer

Brooklyn District Attorney Ken Thompson today announced that a Bensonhurst man has been sentenced to two to four years in prison for burglarizing a Borough Park synagogue which had once employed him as a waiter at its reception hall.

District Attorney Thompson said, “This defendant used his position as a former employee to steal from a house of worship. He will now pay the price for his shameful conduct.”

The District Attorney identified the defendant as Peter Podziewski, 23, of 1818 79th Street, in Bensonhurst, Brooklyn. The defendant was today sentenced to an indeterminate term of two to four years in prison by Brooklyn Supreme Court Justice John Ingram. The defendant pleaded guilty to one count of third-degree burglary before Justice Ingram on March 17, 2015.

The District Attorney said that, according to the investigation, on March 23, 2014, the defendant and another man, Daniel Roscher, entered Congregation Beth Jacob located at 5610 12th Avenue, in Borough Park, and stole a donation box by ripping it off of a wall. Both men had formerly worked as waiters at a reception hall affiliated with the synagogue.

Roscher, 25, of 1491 Shore Parkway, in Bensonhurst, pleaded guilty to third-degree burglary for his part in the incident last July and was sentenced to one to three years in prison. That sentence is to run concurrent to a five-year sentence he received at the same time for an unrelated case in which he pleaded guilty to second-degree robbery.

The case was prosecuted by Assistant District Attorney Mark Berkowitz, of the District Attorney’s Trial Bureau V – Orange Zone, under the supervision of Thomas C. Ridges, Chief.

 

#

 

Brooklyn Man Sentenced to 22 Years to Life in Prison for Raping 13-Year-Old Girl In Basement Laundry Room in Gravesend


FOR IMMEDIATE RELEASE
Wednesday, April 8, 2015

 

Brooklyn Man Sentenced to 22 Years to Life in Prison for Raping 13-Year-Old Girl In Basement Laundry Room in Gravesend

Brooklyn District Attorney Ken Thompson announced that a 42-year-old Brooklyn man has been sentenced to 22 years to life in prison for first-degree rape and other charges for the 2013 attack of a 13-year-old girl in the basement laundry room of her Gravesend apartment building after threatening her with scissors.

District Attorney Thompson said, “This young girl’s innocence has been lost and her life forever changed as a result of this vicious attack. This defendant will now likely spend the rest of his life behind bars, where he belongs.”

The District Attorney said that the defendant, Bennett Castello, 42, of East 29th Street, in Midwood, Brooklyn, was sentenced yesterday to 22 years to life in prison by Brooklyn Supreme Court Justice Danny Chun. The defendant was convicted in February of two counts of predatory sexual assault, two counts of first-degree rape, one count of first-degree sexual abuse and one count of first-degree burglary as a sexually motivated felony, following a jury trial.

The District Attorney said that, according to trial testimony, on April 29, 2013, at approximately 3:30 p.m., in the vicinity of West 2nd Street in Gravesend, Brooklyn, the victim, a 13-year-old girl, entered her apartment building and was followed inside by the defendant. He then followed her into the elevator, pressed the button for the basement and forced her out while threatening her with scissors.

The District Attorney said that, according to trial testimony, the defendant then forced the girl into the laundry room where he groped and raped her, then threatened to kill her if she told anyone. After the defendant fled, the victim ran upstairs to her apartment, told her parents what happened and they called 911.

The case was prosecuted by Senior Assistant District Attorney Deborah Cohen of the District Attorney’s Sex Crimes Bureau, under the supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

#