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11
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES
18-YEAR SENTENCE FOR WEAPONS POSSESSION AND SPRAY PAINTING
SWASTIKAS
Brooklyn, February 25, 2010
– Kings County District Attorney Charles J. Hynes today
announced an 18-year prison sentence for Ivaylo Ivanov, 39.
Ivanov pleaded guilty earlier this month to spray painting
swastikas on numerous locations in his neighborhood and
possessing a secret cache of weapons, including explosives,
in his Brooklyn Heights apartment.
Ivanov received 18 years for possessing numerous
pipe bombs in his home. He received an additional 15 years,
to run concurrently, for possessing a 9mm handgun, with
which he shot himself in the hand. In addition, Ivanov was
sentenced to one-and-a-third to four years for each count of
Criminal Mischief in the Fourth Degree as a Hate Crime,
which will also run concurrent to the 18 years.
He pleaded guilty to three
counts of Criminal Possession of a Weapon in the First
Degree, one count of Criminal Possession of a Weapon in the
Second Degree and four counts of Criminal Mischief in the
Fourth Degree as a Hate Crime.
On January 20, 2008, Ivanov shot himself in the
hand in his Remsen Street apartment. After police arrived
and questioned him, Ivanov consented to a search of his
apartment, where police found a cache of weapons, including
explosives, the 9mm handgun and other guns and ammunition.
On September 24, 2007, Ivanov
went around his neighborhood, spray painting swastikas on
cars, sidewalks and buildings including two synagogues. He
also papered cars in the neighborhood with flyers containing
swastikas and the words “Kill all the Jews”.
The case was prosecuted by
Bureau Chief Joseph Alexis and Assistant District Attorney
Damani Sims from the Rackets Division. Michael Vecchione is
Chief of the Rackets Division.
Contact: Sandy
Silverstein
(718) 250-2300
10
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION IN REAL
ESTATE FRAUD
Brooklyn, February 23, 2010
– Kings County District Attorney Charles J. Hynes today
announced the conviction of Mavis Samuel, 41, and Carlyle
Ebanks, 55, for selling the same Crown Heights building
twice, to two different straw buyers.
They were convicted of Grand Larceny in the
Second Degree and multiple counts of Falsifying Business
Records in the First Degree. When they are sentenced April
13, they will face up to 15 years in prison.
The defendants first sold 1162 Pacific Street in
September 2004. In that transaction, they paid a straw buyer
$4,000 to buy the building. Though the straw buyer held the
deed, Ebanks and Samuel maintained control of the building.
While the straw buyer was recovering from a traumatic brain
injury in spring 2005, Samuel convinced him to deed the
property back to her.
Then, in November 2006, Ebanks approached a
friend and told him that if he bought the building, Samuel
and Ebanks would make him a partner in their real estate
investment company. The defendants illegally inflated the
“partner’s” income and savings account balance on a $1
million mortgage application, to buy 1162 Pacific Street for
that price. With that “sale”, they paid off the mortgage on
the original straw purchase, pocketed between $300,000 and
$400,000, and maintained ownership.
In the time between the two sales, the building
burned down. The case originated with the investigation into
a string of suspected arsons in Crown Heights in early
2006.
Rackets Division Bureau Chief Laura Neubauer
and Assistant District Attorney Stephanie Cone
prosecuted the case. Michael Vecchione is Chief of the
Rackets Division.
Contact: Jonah
Bruno
718-250-2300
09
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES
432 1/3 to 437-YEAR SENTENCE FOR RAPE OF THREE VICTIMS AND
BURGLARY AND ROBBERY OF ADDITIONAL FIVE VICTIMS
Brooklyn, February 23, 2010
– Kings County District Attorney Charles J. Hynes today
announced the sentencing of Boker Thomas, 31, to 432 1/3 to
437 years in prison for the rape of three victims, the
burglary of four additional women, and the robbery of a male
livery cab driver. He was convicted on January 29 of six
counts of Rape in the First Degree, five counts of Criminal
Sexual Act in the First Degree, five counts of Burglary in
the First Degree, two counts of Burglary in the Second
Degree, three counts of Robbery in the First Degree and one
count of Robbery in the Third Degree. He was sentenced
today before Brooklyn Supreme Court Justice Vincent
DelGiudice.
In February and March 2008, Thomas followed
seven women into apartment buildings, in the Brownsville
neighborhood of Brooklyn. Five of the crimes occurred in
buildings within the Van Dyke Houses. The three women who
were raped were ages 15, 19 and 30. The defendant followed
each of these women into an elevator and as they were about
to exit, he grabbed them from behind and held a knife to
their throats. He then forced them into a stairwell and up
to a roof landing where he raped and robbed them before
fleeing.
In the other four cases where Thomas followed
his victims, he grabbed the women, but they managed to get
away. The eighth case involves a 45-year-old livery cab
driver who was dropping Thomas off at East 92nd
Street and Lenox Road. Thomas pointed a sawed-off shotgun
at the victim’s head and demanded his money and
identification. The defendant took the money but left the
ID on the floor of the back of the car. The victim chased
him, causing Thomas to drop his jacket containing the
shotgun.
Thomas was arrested after a DNA match to one
rape and a fingerprint match to another rape.
The case was prosecuted by Kevin O’Donnell, Unit
Chief of the Sex Crimes Bureau and Assistant District
Attorney Debra Jaroslawicz from the Sex Crimes Bureau.
Rhonnie Jaus is Chief of the Sex Crimes Bureau.
Contact: Sandy
Silverstein
(718) 250-2300
08
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCED THE INDICTMENT OF
REPUTED GANG MEMBER CHARGED WITH
SELLING FIVE GUNS TO UNDERCOVER OFFICER
Brooklyn,
February 22, 2010
– Kings County District Attorney Charles J. Hynes today
announces the indictment of Samuel Pina, on charges that he
sold five loaded, working handguns and one inoperable
handgun to an undercover police officer.
Pina, 21, is charged with Criminal Sale of a
Firearm in the Second Degree, Attempted Criminal Sale of a
Firearm in the Third Degree, Five Counts of Criminal
Possession of a Weapon in the Second Degree and 10 Counts of
Criminal Sale of a Firearm in the Third Degree. If
convicted, he faces up to 15 years in prison on each count
of CPW 2 and on the charge of Criminal Sale of a Firearm in
the Second Degree.
Pina, a reputed member of the violent East New
York street gang, Crime Family, is charged with selling two
nine millimeter pistols, two .38 caliber revolvers and one
.44 caliber revolver to an undercover NYPD officer, between
October 2008 and August 2009. The subject of an
investigation since 2008, Pina was arrested today, following
a shooting he was involved in, over the weekend.
Pina is expected to be arraigned on the
indictment tomorrow, Tuesday Feb. 23.
An indictment is an accusatory instrument and
not proof of a defendant’s guilt.
The case is being prosecuted by Executive
District Attorney Ed Carroll and Assistant District Attorney
McCarthy Hawkins.
Contact: Jonah
Bruno
(718) 250-2300
07
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF FOUR
INDIVIDUALS AND THREE CORPORATIONS FOR RUNNING A MONEY
LAUNDERING, MORTGAGE FRAUD AND IDENTITY THEFT RACKET
INVESTIGATION STEMMED FROM
JULY, 2008 MURDER OF ATTORNEY AND HIS WIFE INSIDE THEIR
MARINE PARK HOME
Brooklyn, February 22, 2010
– Kings County District Attorney Charles J. Hynes today
announced the indictment of Robert Delvicario, Lennox
Johnson, Shanda Bruce and Thermine Remy, and three
corporations, Adonis Abstract LLC, LBW Corporation, and Robo
Capital Securities, Inc., for Enterprise Corruption and
other charges. The indictment is a result of an 18-month
investigation that was initiated after the July 2008 murder
of attorney Mark Schwartz and his wife Christina Petrowski
in their Marine Park home. The perpetrator of that crime is
still unknown, however, the investigation into this murder
led prosecutors and investigators to uncover the large-scale
criminal conspiracy which Schwartz and Petrowski were also
involved in.
The investigation dubbed
“Operation Bankroll” involved a variety of schemes including
money laundering, identity theft, mortgage fraud and
larceny, to defraud victims of more than
$1
million. The indictment charges that between 2006 and 2009,
the defendants participated in a series of financial and
real estate scams in order to steal and launder money from
the clients of Schwartz’ law firm, as well as clients of
Adonis Abstract. The Operation reached as far as Queens,
Nassau, Suffolk, Westchester, New Jersey and Delaware.
District Attorney Hynes said, “These defendants
thought they could bankroll their extravagant lifestyles by
stealing from clients who trusted them, but as is often the
case, they eventually turned on each other, robbing their
own partners in crime, as well. My office will continue to
work with the NYPD to determine who killed Mark Schwartz and
Christina Petrowski.”
The defendants recruited acquaintances to act as
straw buyers in fraudulent real estate transactions. In
order to launder the stolen money, they would forge and
falsify documents and use stolen identities to open bank
accounts at various financial institutions. They would
continually open new accounts when they exhausted other
accounts through withdrawals and transfers of funds. Then
they would invest, and later re-invest, the illicit funds
into various business ventures, vehicles and properties.
One of the schemes involved the embezzlement of
more than $100,000 from various accounts from Schwartz’ law
firm, including $50,000 belonging to one client. After
demanding his money be returned, the defendants transferred
money stolen from Adonis Abstract clients into a Robo
Capital Securities bank account, which was then used to pay
back the client.
Another scheme involved using a straw buyer who
took a down payment from the defendants using stolen client
funds, to complete a fraudulent sale of an East Northport,
New York home owned by Delvicario’s wife. The straw buyer
falsified documents to obtain a mortgage, and the proceeds
from the mortgage were used by Delvicario to pay off a prior
mortgage on his home, and he and defendant Johnson pocketed
the rest of the money. The straw buyer never assumed
possession of the property, and Delvicario and his wife
still live there.
In 2007, one victim hired Schwartz’ law firm to
arrange for the bonding of several mechanics liens on a
property he had purchased in Williamsburg, so he could
refinance the property. He paid $133,000 to Adonis Abstract
to be held in escrow. After the liens were removed in
December 2008, the victim never got back the escrowed
money.
In many cases, the escrow money was laundered
through fake transfers, purchases and sales, including the
purchase of a car wash in Huntington Station, Long Island,
which Delvicario and Johnson sold for a profit in March
2009.
Tiffany Partners, LLC, another of Schwartz’ law
clients, was the principal investor in a real estate
development at 20 Tiffany Place in Carroll Gardens. To
close on the sale of several condominiums, Tiffany Partners
placed approximately $270,000 into the Adonis Abstract
escrow account to bond mechanics liens that had been filed
against the property by contractors. The enterprise emptied
and closed that account, leaving the mechanic liens active
on the Tiffany Place property.
The indictment charges that Delvicario, Johnson
and Bruce eventually turned on Schwartz and Petrowski, and
started stealing money from Schwartz’ law firm. In May
2008, they took several blank checks from the law office and
forged checks for hundreds of thousands of dollars. The
first check did not go through because the bank called
Petrowski to authorize the transaction. The second check
did go through because Schwartz and Petrowski were murdered
before the bank could verify that transaction.
If convicted, the defendants face up to 25 years
in prison. An investigation continues into the murders of
Schwartz and Petrowski.
An indictment is an
accusatory instrument and not proof of a defendant’s guilt.
The case was investigated by attorneys from the
Rackets Division and Financial Investigator Neil Gillon,
along with detectives from the 63rd Precinct and
the Brooklyn South Homicide Squad. The case is being
prosecuted by Laura Neubauer, Bureau Chief in the Rackets
Division and Assistant District Attorney Wojciech Jackowski
from the Rackets Division. Michael Vecchione is Chief of
the Rackets Division.
Contact: Sandy
Silverstein
(718) 250-2300
06
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES DISCUSSES FILM DOCUMENTARY ON GUN
VIOLENCE, SEEKS COMMUNITY HELP TO STEM THE PROBLEM,
ESPECIALLY AMONG YOUNG PEOPLE
Brooklyn, February 4, 2010
- Kings County District Attorney Charles J. Hynes yesterday
hosted the screening of a documentary film titled, “Charge
it to the Game,” created by his office’s YCP (Youth and
Congregation in Partnership) program.
Sponsored by the Girls
Re-entry Assistance Support Program youth and Global
Neighborhood Workshop, the film addresses the effects of gun
violence in Kings County, especially among young people.
“It is very important that we as a community
memorialize the victims of gun violence and urge others to
address this tragedy,” DA Hynes told the audience at the
screening held at the Brooklyn Public Library.
DA Hynes noted that gun
violence is generally talked about only after a shooting has
occurred and a life has been taken away. “This film gives us
an opportunity through our youth to speak about its
prevention,” he added.
While gun violence may take
away the life of a victim by the hands of the shooter, DA
Hynes said it has serious problems for the shooter as well,
who will spend a considerable period of his or her life in
prison.
“It
also has the devastating consequences for the families of
both victim and the shooter. Prison time for the guilty, no
matter how harsh, is sparse consolation for the victim’s
family or the community at large,” said DA Hynes.
“We
must do more to remove guns – the instruments of death in
Brooklyn – from the streets by whatever lawful means
possible,” said DA Hynes. He noted that in 2008, working
with some 22 churches in Brooklyn, his office was able to
take 1,500 guns off the streets.
First
and foremost, DA Hynes said, “we let those with guns know
that they could turn in these weapons at a site – no
questions asked – and receive $200.”
“Shifting the sites of Brooklyn’s churches, we collected
more guns than we had done in the past,” said DA Hynes,
adding that he is proud that every county in New York City
and Nassau County, as well as the City of Newark, adopted
his model, resulting in removal of thousands of guns from
their streets.
“Youth gun violence is a major problem in the United States
and a major problem in Brooklyn. Nearly 30 percent of all
homicide offenders are between the ages of 17 and 24,” said
DA Hynes.
The
District Attorney said in an attempt to deal with all
categories of violence, particularly gun-related violence,
his office created such programs as YCP. “Working with the
faith community and local community providers, the program
offers mentoring and comprehensive services for young
people,” DA Hynes.
“This
documentary and the coming together of the community, mark
your commitment as a community. Let us work together to
change this nightmare which takes too many young people from
us,” said DA Hynes.
Contact: J. Zamgba Browne
(718) 250-3850
05
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY PLEA FOR WEAPONS
POSSESSION AND SPRAY PAINTING SWASTIKAS
Brooklyn, February 4, 2010
– Kings County District Attorney Charles J. Hynes today
announced the guilty plea of Ivaylo Ivanov, 39, for spray
painting swastikas on numerous locations in his neighborhood
and possessing a secret cache of weapons, including
explosives, in his Brooklyn Heights apartment. He pled
guilty to three counts of Criminal Possession of a Weapon in
the First Degree, one count of Criminal Possession of a
Weapon in the Second Degree and four counts of Criminal
Mischief in the Fourth Degree as a Hate Crime. He will be
sentenced to 18 years in prison on February 25 before
Brooklyn Supreme Court Justice Neil Firetog.
Ivanov will receive 18 years for possessing
numerous pipe bombs in his home. He will also be sentenced
to an additional 15 years, to run concurrently, for
possessing a 9mm handgun, with which he shot himself in the
hand. In addition, Ivanov will be sentenced to
one-and-a-third to four years for each count of Criminal
Mischief in the Fourth Degree as a Hate Crime, which will
also run concurrent to the 18 years.
On January 20, 2008, Ivanov shot himself in the
hand in his Remsen Street apartment. After police arrived
and questioned him, Ivanov consented to a search of his
apartment, where police found a cache of weapons, including
explosives, the 9mm handgun and other guns and ammunition.
On September 24, 2007, Ivanov
went around his neighborhood, spray painting swastikas on
cars, sidewalks and buildings including two synagogues. He
also papered cars in the neighborhood with flyers containing
swastikas and the words “Kill all the Jews”.
The case was prosecuted by
Bureau Chief Joseph Alexis and Assistant District Attorney
Damani Sims from the Rackets Division. Michael Vecchione is
Chief of the Rackets Division.
Contact: Sandy
Silverstein
(718) 250-2300
04
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES, NEW YORK STATE SENATOR CARL
KRUGER AND UNITED STATES SENATOR CHARLES E. SCHUMER ANNOUNCE
CHARGES AGAINST 12 PEOPLE, FOR
REAL ESTATE AND MORTGAGE FRAUD
THE CHARGES STEM FROM
INVESTIGATIONS BY THE BROOKLYN DISTRICT ATTORNEY’S MORTGAGE
FRAUD AND REAL ESTATE CRIMES UNIT VICTIMS
SHARE STORIES
Brooklyn,
February 4, 2010 –
Kings County District Attorney Charles J. Hynes, New York
State Senator Carl Kruger and US Senator Charles E. Schumer
today announced charges against 12 people involved in
various, unrelated mortgage and real estate scams. The
charges are the results of investigations by the District
Attorney’s Mortgage Fraud and Real Estate Crimes Unit, which
was created within the Rackets Division, in February 2009,
with the assistance of an $875,000 federal grant secured by
Sen. Schumer. Joining the Senators and the District
Attorney, several victims of the announced scams shared
their stories.
District Attorney Hynes said, “The diversity of
crimes committed by all of these defendants shows the
lengths to which some unscrupulous people will go to enrich
themselves illegally. The arrests and indictments should
serve as a strong warning to all who still think that they
will devise some new scheme and get away with Real Estate
and Mortgage Fraud related crimes. No matter how creative
they think they are, no matter what lengths they go to avoid
detection, they will be caught and prosecuted. I would like
to thank Senator Schumer and Senator Kruger for their help
and support as we tackle this relatively new form of
crime.”
Sen. Kruger said, “With mortgage fraud gaining
status as the ‘crime of choice’ among those who prey on the
elderly and other vulnerable residents, I applaud the
efforts of District Attorney Hynes in aggressively pursuing
those who perpetrate this crime and prosecuting them to the
fullest extent of the law.”
Senator Schumer said, “This Mortgage Fraud and
Real Estate Crimes Unit at the Brooklyn DA’s Office has
proved yet again to be the perfect tool to prevent scam
artists from preying on Brooklyn residents during the
ongoing economic and housing crises. New Yorkers have
suffered for too long because of scam artists who feel they
can take advantage of people without any repercussions. I am
proud to have secured the federal funding needed to
establish this outstanding unit and I would like to
congratulate District Attorney Hynes and the first-rate
prosecutors in this unit for working so hard to make this
endeavor so successful.”
Victor Koltun and Jarrett Haber
In October 2009, Jean Kemp, a senior citizen,
received a phone call demanding payment on her mortgage.
However, Kemp and her husband, who lives in a nursing home,
have owned their home since 1975 and have not had a mortgage
on it since 1987. Kemp reported the call to the Brooklyn
office of State Senator Kruger, where attorneys, including a
former intern in the Brooklyn District Attorney’s Rackets
Division, discovered a new $225,000 mortgage on the home.
Sen. Kruger contacted the Brooklyn District Attorney’s
office, which investigated. Prosecutors and investigators in
the Mortgage Fraud and Real Estate Crimes Unit determined
that the Kemps’ Brooklyn home was one of several properties
defendants Koltun and Haber, an attorney, fraudulently used
to secure a $225,000 mortgage, according to the complaint.
The defendants are charged with using the money from the
mortgage to pay down a large debt related to another real
estate scam on Long Island.
Koltun and Haber are charged with Grand Larceny
in the Second Degree, Residential Mortgage Fraud, and
Possession of a Forged Instrument.
Joseph Nykian and Nitza Jones
Defendants Nykian and Jones are the first the
Mortgage Fraud and Real Estate Crimes Unit indicted on
charges of Residential Mortgage Fraud, which went into
effect Nov. 1, 2008.
Nykian and Jones are charged with forging power
of attorney in order to take out a $300,000 mortgage on a
Brooklyn home, 1234 St. Marks Ave., without the owner’s
consent.
In addition to Residential Mortgage Fraud, they
are charged with Grand Larceny in the Second Degree and
Forgery in the Second Degree.
Alexander Landy
Landy was an attorney admitted to the New York
State Bar Association in 2003, but by 2004, according to the
indictment, he had already become involved in real estate
fraud. In 2006, after he was accused of failing to properly
safeguard clients’ escrow funds, he resigned as an
attorney.
In December 2004, Landy purchased a home, in his
own name, funded by a Washington Mutual mortgage, for more
than $500,000. Though Landy ran the title agency responsible
for filing the deed and mortgage, he never filed either with
the Property Clerk’s Office and never paid the mortgage,
according to the indictment. With no deed or mortgage
recorded, Landy was able to sell the building without paying
Washington Mutual.
Landy is charged with Grand Larceny in the
Second Degree and Falsifying Business Records in the First
Degree. The investigation is continuing.
Margareth Blanc
Blanc, a New York City
Corrections Officer, is charged with fraudulently collecting
more than $30,000 in Section 8 rental subsidies, while
living in a home owned by her sister, and using an
unsuspecting straw buyer to mask her sister’s ownership of
the home. According to the complaint, the straw buyer
believed she was doing Blanc and her sister a favor, by
placing the title in her name. The defendant is charged with
forging Section 8 applications in the straw buyer’s name and
intercepting the subsidy payments, which she then kept. The
straw buyer transferred the title back to Blanc’s sister,
and though it was illegal for Blanc to receive rental
assistance while living in the home of a family member, she
continued to collect the subsidies, according to the
complaint.
On December 2, 2009, Blanc was arrested on
charges of Grand Larceny in the Third Degree.
Deric
Nelson
Nelson is charged with filing
a bogus deed in the Brooklyn Register’s Office, which made
it appear as though he owned a building he had previously
sold. This allowed him to attempt to rent apartments and
collect rent from unsuspecting tenants.
On January 21, 2004, Nelson
sold 467-469 Vanderbilt Avenue to a developer, who renovated
the dilapidated commercial property and turned it into a
residential condominium. In November 2009, Nelson filed a
fraudulent, back-dated deed, which made it appear as though
he had transferred the property from himself to himself, on
Jan. 21, 2004, according to the indictment. Though the
transfer actually transferred nothing, the City Register
listed Nelson as the new owner. He then demanded rent from
tenants, rented vacant units, and changed locks on some
common areas of the building, according to the indictment.
Nelson is charged with
Attempted Grand Larceny in the First Degree, Offering a
False Instrument for Filing in the First Degree and
Falsifying Business Records in the First Degree.
Alan Rocoff
Rocoff, an attorney, was the
court-appointed referee for the sale of a foreclosed church,
at 2525 Snyder Ave. Rocoff auctioned the church in 2005, for
more than $300,000, which included a profit, after paying
down all debts, of more than $200,000. Instead of turning
the remaining funds over to the court, for the previous
owners to claim, Rocoff pocketed the money himself,
according to the indictment. Rocoff has been suspended from
the practice of law in New York State.
Rocoff is charged with Grand
Larceny in the Second Degree.
Russell Pitt and Nathen
Farkas
The owner of 1316 Dumont
Ave., an old friend of Pitt, was in danger of falling into
arrears on her mortgage payments. Pitt offered to help, by
getting the mortgage refinanced, and introduced her to
Farkas. The defendants then convinced her to grant Farkas
power of attorney over the property, but promised it would
only be for the purposes of refinancing, according to the
indictment. Pitt and Farkas are charged with selling the
home and keeping the proceeds.
Both defendants were charged
in a similar scam in 2007, and in that case, Farkas pleaded
guilty and repaid his share of the proceeds, $60,000, but
Pitt’s case is still pending, while the court determines
whether he is competent to stand trial.
Earl Davis
Davis is charged in multiple
scams involving rental apartments.
In the first case, Davis is
charged with posing as the owner of 527 Macon St., to show
an apartment and collect $3,000 – first and last months’
rent – from an unsuspecting potential tenant. Davis had
access to the building because of a business relationship
with its actual owner, Thomas Lawson. In that case, Davis is
charged with Grand Larceny in the Third Degree.
The second case involving
Davis also includes Lawson. In this case, Davis was in
contract to purchase a Greene Avenue building from Lawson,
but when Lawson learned Davis would not be able to secure
funding, he took Davis to court to terminate their contract.
Nevertheless, according to the indictment, Davis rented out
an apartment in the building. When the tenant learned Davis
did not own the building, he refused to make rent payments
to Davis. Davis is charged with breaking into the apartment
and assaulting the tenant, in an attempt to collect rent. In
that case, Davis is charged with Burglary in the Second
Degree and Assault in the Third Degree.
In a third case, Davis is
charged with placing a Craigslist ad for a rental apartment
in a building he had formerly managed. He rented the
apartment and collected $16,250, for the entire year’s rent,
up front, and gave the tenant a forged lease, according to
the indictment. In this case, Davis is charged with Grand
Larceny in the Third Degree.
Todd Graham
Graham also placed an ad on
Craigslist for a rental apartment in a building he neither
owned nor managed, according to the indictment. Graham is
charged with collecting the first month’s rent and security
deposit from two different people, for the same apartment.
Graham is charged with
Attempted Grand Larceny in the Third Degree and Grand
Larceny in the Fourth Degree.
An indictment is an accusatory instrument and
not proof of a defendant’s guilt.
The cases were investigated by Detective
Investigator Kevin McAleese, Detective Investigator Michael
Seminara, and Supervising Detective Investigator Robert
Intartaglio. The investigation was supervised by Assistant
Chief Investigator George Terra and Chief Investigator
Joseph Ponzi.
The cases are being prosecuted by Assistant
District Attorneys Michelle Malone, Stephanie Cone and
Andrea Clarke, Executive Assistant District Attorney Kevin
Richardson and Richard Farrell, Chief of the Mortgage Fraud
and Real Estate Crimes Unit. Michael Vecchione is Chief of
the Rackets Division.
Contact: Jonah
Bruno
(718) 250-2300
03
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES RECEIVES 2010 CHAMPION FOR
CHILDREN AWARD FROM FIGHT CRIME INVEST IN KIDS
AWARD IS ORGANIZATION’S
HIGHEST RECOGNITION FOR SERVICE, HONORING DA’S WORK IN
KEEPING KIDS OUT OF THE CRIMINAL JUSTICE SYSTEM
Brooklyn, February 1, 2010
– Kings County District Attorney Charles J. Hynes was
honored on January 29 by Fight Crime Invest in Kids with
their 2010 Champion for Children award, the
organization’s highest recognition for service. DA Hynes
was presented the award by former District Attorneys
Association President and current Saratoga DA James A.
Murphy, III at the District Attorneys Association annual
Winter Conference, which was attended by most of the state’s
62 District Attorneys.
The award recognizes District
Attorney Hynes’ commitment to keeping children safe and out
of the criminal justice system through various prevention
initiatives. It also acknowledges District Attorney Hynes’
alternative to incarceration programs as well as his
innovative reentry and rehabilitation programs, which help
reduce recidivism.
District Attorney Hynes said,
“Too often a youth gets into trouble just because he or she
has no one to show them how to succeed. YCP (Youth and
Congregations in Partnership) gives them the helping hand
they need to get back on the right path. I believe we need
to harness the power of the faith community to reach out in
a caring spirit to guide and assist those in need.”
Fight Crime Invest in Kids is an anti-crime
organization consisting of over 5,000 police chiefs,
sheriffs, prosecutors, attorneys general, other law
enforcement leaders and violence survivors, committed to
putting dangerous criminals behind bars. District Attorney
Hynes has strongly supported their mission by calling for
legislation to support funding for programs aimed at
decreasing the risk of child abuse and neglect, and
supporting after school and Pre-K programs which provide
tutoring and mentoring.
YCP was established in 1997 by District Attorney
Hynes as a community-based intervention program, promoting
rehabilitation and the reduction of recidivism among
Brooklyn’s court-involved and at-risk youth. The youth
benefit by getting a second chance with the help of
volunteer mentors from Brooklyn’s faith-based communities.
They receive intense mentorship and comprehensive services
including anger management and conflict resolution, career
training, mental health and substance abuse counseling,
family counseling and educational support.
Contact: Sandy
Silverstein
(718) 250-2300
02
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES
30-YEAR-SENTENCE FOR ARMED ROBBERY OF RED HOOK BAR
Brooklyn, February 1, 2010
– Kings County District Attorney Charles J. Hynes today
announced the sentencing of Luis Rodriguez, 28, to 30 years
in prison before Brooklyn Supreme Court Justice James
Sullivan, for the 2007 armed robbery of a Red Hook bar. He
was also charged with robbing another Red Hook bar two weeks
earlier, but acquitted of those charges. He was convicted
after a four-and-a-half week trial on charges of Robbery in
the First Degree, Attempted Robbery in the First Degree and
Criminal Possession of a Weapon in the Second Degree.
On September 23, Rodriguez entered the Bait and
Tackle Bar, located at 320 Van Brunt Street, shortly after
2PM, and asked to use the restroom and left. The bartender
went into another bathroom to clean up before more customers
came in. When the bartender came out of the restroom,
Rodriguez was there wearing a bandana and his accomplice,
Jose Rivera, was wearing a ski mask. Rivera pointed a gun
at the female bartender, who was the only other person in
the bar and demanded her to get to the back of the bar.
They bound her mouth, arms and legs with duct tape and took
money out of the cash register before fleeing in a Chevy
Blazer. The bartender noticed a tattoo on Rodriguez’ neck.
She was eventually able to seek help and later reported the
incident to police.
Exactly one week later, on the afternoon of
September 30, Rodriguez entered the Moonshine Bar at 317
Columbia Street in Red Hook. He used the bathroom, left the
bar and returned with Rivera who was again wearing a ski
mask. This time, Rodriguez’ face was not covered. Rivera
displayed a gun towards the bartender and a customer, the
only other people in the bar at the time. They took money
from the cash register and the customer, and then fled. A
local eyewitness outside noticed the two men fleeing in a
hurry and made sure to get the license plate of the Chevy
Blazer that they escaped in. The eyewitness kept repeating
the license plate number so he would not forget it, and
rushed into the bar to find the victims tied up in the
back. The incident was captured on videotape surveillance.
They called police with the license plate number and traced
the vehicle back to Rodriguez’ common-law wife, Carmen
Garcia, who is also Rivera’s mother. The surveillance
camera and the victim’s description of the defendant
revealed a distinctive tattoo on the defendant’s neck as
well as a teardrop tattoo on his face.
A couple of weeks later, on October 15,
Rodriguez returned to the Bait and Tackle Bar with Garcia at
approximately 3AM. A different bartender was working this
time. He noticed the teardrop on Rodriguez’ face and
remembered his description from the first robbery. As
Rodriguez and his wife ordered drinks with Rivera waiting
outside, the bartender had his friend in the bar go outside
and call police. In the meantime, the bartender went to the
bathroom and also called police. Outside the bathroom door
was a wanted poster with a sketch of Rodriguez. When the
bartender left the bathroom, the defendant had already fled,
leaving his wife inside the bar. Police were called and
Rodriguez was found hiding underneath a car nearby. The
Chevy Blazer was found outside the bar with a gun inside.
Carmen Garcia was also arrested and has since
been indicted for Criminal Possession of a Weapon in the
Second Degree and Criminal Possession of a Weapon in the
Fourth Degree. She is awaiting trial.
Rivera was arrested earlier this year after his
DNA was found on the gun and mask. He has also been
indicted and is awaiting trial.
The case was prosecuted by Executive Assistant
District Attorney Jeffrey Levitt and Assistant District
Attorney Timothy Gearon of the Trial Bureau Blue Zone.
Contact: Sandy
Silverstein
(718) 250-2300
01
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES MURDER INDICTMENT
AGAINST MAN WHO KILLED WIFE AND HER TWO DAUGHTERS
Brooklyn, January 29, 2010
– Kings County District Attorney Charles J. Hynes today
announced the indictment of Jermaine Ruiz, 24, for killing
his wife and her two daughters. He is charged with three
counts of Murder in the First Degree, three counts of Murder
in the Second Degree, two counts of Criminal Possession of a
Weapon in the Fourth Degree and one count of Tampering with
Physical Evidence.
On January 20, Ruiz got into an argument with
his wife, Jessica Ybe, 22, and stabbed her and her two
daughters, ages two and five, more than a dozen times each,
in the Rogers Avenue apartment that he shared with them. He
spared the life of the infant twins that he shared with Ybe.
Ruiz told his father about the incident, who then alerted
police. When police showed up to the apartment, the two
daughters were found rolled up in a rug while their mother
was found under a sheet. Ruiz was arrested on January 22.
An indictment is an
accusatory instrument and not proof of a defendant’s guilt.
The case is being prosecuted
by Bureau Chief Elisa Paisner and Senior Trial Attorney Amy
Bedford from the Domestic Violence Bureau. Wanda Lucibello
is Chief of the Special Victims Division.
Contact: Sandy
Silverstein
(718) 250-2300
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