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21
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING IN TISSUE
HARVESTING CASE
MASTERMIND, MICHAEL
MASTROMARINO TO SERVE UP TO 54 YEARS
Brooklyn, June 27, 2008 – Kings County District Attorney Charles J. Hynes today announced the
sentencing of Michael Mastromarino, mastermind behind a
multi-million dollar human tissue theft conspiracy.
In accordance with a March 18 guilty plea,
Mastromarino was sentenced today to 18 to 54 years in
prison.
Mastromarino, 44, Joseph Nicelli, 52, Lee
Cruceta, 35, and Christopher Aldorasi, 36, were all charged
in February 2006, in a 122-count indictment, with
orchestrating a large-scale, criminal enterprise, in which
tissues were harvested from people who never consented
before they died, to be donors. Those tissues were then sold
to medical companies for use in surgical transplants, such
as bone and skin grafts.
Aldorasi was sentenced earlier this month to
nine to 27 years in prison. Nicelli’s and Cruceta’s cases
are still pending.
The cases are being prosecuted by Rackets
Division Bureau Chief Patricia McNeil, Deputy Bureau Chief
Josh Hanshaft, Rackets Division First Deputy Bureau Chief
Michael Perkins and Chief Counsel to the Rackets Division
Monique Ferrell. Michael Vecchione is Chief of the Rackets
Division.
Contact: Jonah
Bruno
718-250-2300
20
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY
PLEA AND SENTENCE IN DENTAL FRAUD CASE
BROOKLYN DENTIST FALSELY
BILLED MEDICAID FOR EXCESSIVE AMOUNT OF PROCEDURES INCLUDING
52 FILLINGS FOR ONE PATIENT IN ONE VISIT
Brooklyn, June 26, 2008
- Kings County District Attorney Charles J. Hynes today
announced the guilty plea of Brooklyn dentist Mohinder
Mayell for excessive billings to Medicaid for services that
were inappropriate including the billing for 52 fillings for
one patient on one date. He pled guilty to the indictment
charge of Offering a False Instrument for Filing in the
First Degree, a class E felony, which could have sent him to
prison for a maximum of four years.
As part of the plea deal, Mayell $75,000
restitution, surrendered his dental license and agreed never
to practice dentistry in New York State. He also was
required to surrender his Medicaid number and never apply to
participate as a provider in the Medicaid program in the
future.
District Attorney Hynes said,
“This individual was cheating taxpayers out of thousands of
dollars. It is unbelievable that he thought he could get
away with these excessive billings and not get caught. I
would like to commend the Office of the State Comptroller
for discovering this fraudulent activity and bringing it to
our attention.”
The Office of the State Comptroller (OSC)
completed an audit of Mayell that was released on September
28, 2007 and found that he fraudulently collected $78,000 in
Medicaid benefits. “This dentist tried to charge the state
for filling 52 teeth in one mouth in one day. Then he told
our auditors that it took him just an hour or two to
complete all 52 fillings,” said State Comptroller Thomas P.
DiNapoli. “Fortunately, our auditors uncovered this, and
Kings County District Attorney Charles J. Hynes made sure
that the dentist did not get away with it. My office will
continue to closely examine Medicaid costs and make sure
that no one gets away with cheating the taxpayers.”
Aside from billing Medicaid for 52 fillings for
one patient in one visit and claiming it took him less than
two hours, Mayell also billed Medicaid for two other
patients on the same day. Mayell also claimed to have
performed over 100 other dental procedures on each of eight
Medicaid recipients between April 2003 and March 2008. In
addition, auditors found 96 other instances in which Mayell
claimed to have provided Medicaid recipients with 24 of more
fillings in a single visit. In all of these cases, Mayell
did not have records to support the billings, therefore OSC
concluded that the entire amount was fraudulent. The DA’s
Office’s investigation revealed that services were performed
on each patient on the specified dates, however the billings
far exceeded the services performed.
The case was handled by John O’Mara, Deputy
District Attorney of Investigations.
Contact: Sandy
Silverstein
718-250-2300
19
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND NYPD
COMMISSIONER RAYMOND W. KELLY ANNOUNCE BUST IN BAY RIDGE
DRUG HOUSE
CONSPIRACY CHARGES FOR
CREW WHO TERRORIZED NEIGHBORHOOD
Brooklyn, June 25, 2008
– Kings County District Attorney Charles J. Hynes and Police
Commissioner Raymond W. Kelly today announced a 34-count
indictment against six drug dealers charged with selling
crack cocaine, heroin and prescription pills, out of two
homes on 93rd Street in Bay Ridge.
“These poison peddlers turned a quiet,
residential block into a crime-filled drug den where
families in the neighborhood were afraid to walk with their
children,” said District Attorney Hynes. “I’d like to thank
Commissioner Kelly and the NYPD for their outstanding work
in helping us bring these criminals to justice.”
Commissioner Kelly said, “These
indictments today helped crush more than drug dealing,
because when trafficking prospers, violence and other crimes
are sure to follow. I want to commend District Attorney
Hynes and his prosecutors along with our Narcotics Division
detectives for a job well done.”
DA Hynes and Commissioner Kelly were joined in
the announcement by State Senator Martin J. Golden,
Assemblywoman Janele Hyer-Spencer, Assemblyman Alec Brook-Krasny,
and City Councilman Vincent J. Gentile.
Senator Golden said, “I
applaud the Brooklyn District Attorney, Charles Hynes,
Deputy Inspector Eric Rodriguez and the 68th Precinct and
the Narcotics Division for doing what had to be done at this
location. People lived in fear on 93rd Street and in the
surrounding community. The community should be relieved to
know that these individuals have been taken off the streets.
Our community no longer has to deal with them and the
disruption they caused to the quality of life of neighbors.”
“Drug dealing in any part of the community
affects the quality of life in all parts of the community,”
said Councilman Gentile. “I'm grateful to the NYPD for
putting a stop to this heinous crime, and I offer thanks to
the dedicated police officers, to the Brooklyn DA's office,
and above all, to vigilant neighborhood residents who have
kept us all informed about their suspicions of illegal
activity in the area. We can all rest easier knowing that
these criminals have been caught, and that they will be
prosecuted to the full extent of the law.”
“For years the residents of
this community have informed us as to the activities that
they have observed at these two residences,” said
Assemblywoman Hyer-Spencer. “I want to thank the officers of
the 68 Precinct and Brooklyn South Narcotics for their
diligence in obtaining enough evidence to allow the District
Attorney’s Office to execute their raid last Friday. I
commend District Attorney Joe Hynes for continuing to be at
the forefront of keeping this community safe.”
Five defendants, Joseph Terrone, 54; Michael
Terrone, 47; Ross Terrone, 45; Erica Raffone, 31; and Alan
Reilly, 61, have been arrested and indicted. The indictments
were unsealed yesterday, when all five were arraigned in
Kings County Supreme Court. The Terrone brothers and Raffone
were remanded, and Reilly was held in lieu of $50,000 bail.
One defendant remains at large.
The top count against Joseph, Michael, and Ross
Terrone and Raffone is Conspiracy in the First Degree, which
carries a maximum sentence of 25 years to life in prison.
The top count against Reilly is Criminal Sale of a
Controlled Substance in the Fifth Degree, with a maximum
sentence of seven years in prison. The defendants also face
charges relating to drug sales and possession as well as
weapons possession.
The indictment charges that the defendants used
the Terrone brothers’ two adjacent homes, at 346 and 348 93rd
Street, to sell crack cocaine, heroin and prescription
pills. They also kept a semi-automatic pistol in one of the
houses, according to the indictment.
In conjunction with the criminal prosecution,
the Kings County District Attorney’s Office has initiated
civil proceedings to have the homes condemned and sold, with
a portion of the proceeds helping to fund state
substance-abuse programs.
An indictment is an accusatory instrument and
not proof of a defendant’s guilt.
The case was investigated by Kings County
District Attorney Detective Investigators Edwin Murphy, John
Beal and Philip Centrone and Supervising Detective
Investigators James Russell and Joseph Piraino. Joseph Ponzi
is Chief of Investigators.
The case is being prosecuted by Bureau Chief
Lawrence Oh, of the Narcotics Bureau. Suzanne Corhan is
Chief of the Narcotics Bureau.
Contact: Jonah
Bruno
718-250-2300
18
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND NEW YORK CITY
HUMAN RESOURCES ADMINISTRATION COMMISSIONER ROBERT DOAR
ANNOUNCE INDICTMENT IN WELFARE FRAUD CASE
Brooklyn, June 24, 2008 – Kings County District Attorney Charles J. Hynes and NYC Human
Resources Administration Commissioner Robert Doar today
announced the arrest and indictment of Farahnaz
Arghavanifard, 40, and Bijan Daneshpanahi, a/k/a Beny Levi,
50, on charges they fraudulently collected welfare benefits
for which they were ineligible.
The defendants were indicted
on charges of Welfare Fraud in the Second Degree, Welfare
Fraud in the Third Degree, Welfare Fraud in the Fourth
Degree, Grand Larceny in the Second Degree, Grand Larceny in
the Third Degree, Grand Larceny in the Fourth Degree, and
four counts of Offering a False Instrument For Filing in the
First Degree. If convicted of the top count they could each
could face up to 15 years in prison.
The indictment
charges that, from January 2001 through January 2008,
Arghavanifard concealed the fact that Levi, a New York City
Metropolitan Transit Authority electrician, was the father
of her two children, eight and nine years old and both
surnamed Levi. Arghavanifard and the children lived with
Levi at the home he owned, 1614 Avenue S. While living
there, the indictment charges, Arghavanifard collected over
$370,000 in welfare benefits from HRA for rental assistance,
public assistance, food stamps and Medicare coverage for
herself and the children.
Over the course of those same
years, Levi earned more than $490,000 working as an MTA
telephone repairman, according to the indictment.
Arghavanifard repeatedly claimed that she was a tenant in
Levi’s home and that the father of her children had left the
United States.
An indictment is an
accusatory instrument and not proof of a defendants’ guilt.
The case is being prosecuted
by Frank Dudis, Counsel in the DA’s Public Assistance Crimes
Unit. Lauren Mack is the Chief of the Public Assistance
Crimes Unit.
Contact: Sandy
Silverstein
718-250-2300
17
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
CONVICTION IN RETRIAL OF 1998 MURDER
Brooklyn, June 23, 2008
– Kings County District Attorney Charles J. Hynes today
announced the conviction of Guy Zappulla, for the 1998
murder of Jennifer Scarpati
When he is sentenced July 14, Zapulla, 42, faces
25 years to life in prison.
In March of 1998, Zapulla strangled Scarpati,
28, with her own underwear, at the Golden Gate Inn, in
Sheepshead Bay. Zapulla believed that Scarpati had stolen
jewelry from him.
Zappulla, a member of the
Gambino organized crime family, had recently been in the
federal Witness Protection Program, in connection with
testimony he gave against organized crime members in an
earlier, unrelated murder trial.
Zappulla was convicted in
1999 and sentenced to the maximum term, 25 years to life in
prison. However, he recently had that conviction overturned
on appeal, and a new trial was ordered.
The case was prosecuted by Counsel to the
Homicide Bureau Julie Rendelman. Kenneth Taub is Chief of
the Homicide Bureau.
Contact: Jonah
Bruno
718-250-2300
16
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES 10-YEAR
SENTENCE IN ROAD-RAGE SHOOTING
Brooklyn, June 23, 2008
– Kings County District Attorney Charles J. Hynes today
announced the sentencing of Renato Arcuri, to 10 years in
prison for shooting a driver, after a near collision with
his car at a Dyker Heights intersection.
Arcuri, 47, pleaded guilty to Attempted Murder
in the Second Degree, Attempted Assault in the First Degree
and Criminal Possession of a Weapon in the Second Degree, on
March 25.
In mid-afternoon December 22, 2006, 20-year-old
Georgiy Fattakhov, driving his father’s 2003 Lexus, almost
collided with Arcuri’s white Lincoln Navigator SUV, at the
intersection of 20th Avenue and 65th
Street. Arcuri then chased Fattakhov around the
neighborhood. While Fattakhov was stopped at a light at 66th
Street and 10th Avenue, Arcuri got out of his car
with a baseball bat in his hand and approached Fattakhov’s
car. Trapped in traffic, Fattakhov got out of the car.
Arcuri struck Fattakhov several times with the
baseball bat, before putting him in a headlock and shooting
him in the back. The bullet punctured both Fattakhov’s
lungs, shattered a vertebra, and narrowly missed his heart.
Arcuri then drove off.
The following day, the owner of a garage which
Arcuri rented, an NYPD Lieutenant, heard a news report about
the incident and recognizing the description of Arcuri and
his car, contacted the local precinct. The car was recovered
with the bat inside and the gun nearby in a hole in the
garage wall.
The case was prosecuted by Assistant District
Attorney Myles McKenna and Blue Zone Chief Jeffrey Levitt.
Contact: Jonah
Bruno
718-250-2300
15
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
INDICTMENT OF ENGINEER WHO CAUSED FRAUDULENT PLANS TO BE
FILED WITH DEPARTMENT OF BUILDINGS
Brooklyn, June 19, 2008
– Kings County District Attorney Charles J. Hynes and
Department of Investigation Commissioner Rose Gill Hearn
today announced the indictment of Abraham Hertzberg, for
causing fraudulent plans to be filed with the Department of
Buildings in connection with an application for permits to
excavate at 791-793 Glenmore Ave, a job site where a
building collapse would later kill a laborer.
Hertzberg, 84, is charged with Nine Counts of
Offering a False Instrument for Filing in the First Degree.
If convicted, he faces up to three years in prison for each
count.
The indictment charges that in 2005, William
Lattarulo hired an architect to design plans to build a
laundromat at 791-793 Glenmore Ave, in East New York,
Brooklyn. The architect in turn subcontracted the excavation
portion of the designs to Hertzberg who is a professional
engineer with Sanchez Associated. However, Hertzberg, who
had previously lost his authority to self-certify
architectural designs, used a stamp belonging to his
partner, Luis Sanchez, to certify them in Sanchez’s name. He
also placed Sanchez’s signature on several documents filed
in support of Lattarulo’s applications for building
permits.
At the time of the incident,
Sanchez was recovering from a severe brain injury and lacked
the physical ability to review or certify architectural
designs.
After acquiring the necessary building permits,
Lattarulo commenced construction in a reckless manner, which
ultimately lead to the death of a construction worker, when
the adjacent building collapsed, according to a separate
indictment announced June 11. In that indictment, Lattarulo
is charged with Manslaughter in the Second Degree.
An indictment is an accusatory instrument and not proof of a
defendant’s guilt.
Officials from the New York City Department of
Buildings participated in the investigation.
The case is being prosecuted by Assistant
District Attorney Joseph DiBenedetto. Michael Vecchione is
Chief of the Rackets Division.
Contact: Jonah
Bruno
718-250-2300
14
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
INDICTMENT IN $540,000 STOCK FRAUD
DEFENDANT PREYED ON SENIOR
CITIZENS
Brooklyn, June 19, 2008
– Kings County District Attorney Charles J. Hynes today
announced the indictments of Adam Heng for fleecing six
investors of a total of $540,000 they believed he was
investing in the stock market.
District Attorney Hynes said, “People gave Adam
Heng their life savings, and in his sick greed, he robbed
them blind. It takes a complete lack of conscience to commit
this type of cold-hearted crime. I want to thank the US
Securities and Exchange Commission’s New York Regional
Office, who referred this matter to my office.”
Heng, 30, is charged, in a 25-count indictment
with Three Counts of Grand Larceny in the Second Degree,
Money Laundering, Scheme to Defraud in the First Degree and
other charges. If convicted, he faces a maximum of 45 years
in prison.
The indictment charges that Heng created a phony
investment firm, Pershing Capital, LLC, and cold-called
potential investors, whose names he gathered at legitimate
brokerage houses where he worked for short periods. Five of
the six victims were senior citizens, one of whom, a
78-year-old Korean War veteran, lost $320,000 to Heng’s
scam.
Though the investors believed their money was
being used for stock purchases, Heng actually spent it
himself on a home in Binghamton, expensive restaurants,
jewelry, strip clubs and other luxury purchases, according
to the indictment. He sent the victims false investment
statements periodically, and even small returns, to keep
them from suspecting him, the indictment charges. The
returns usually prompted the victims, who live all across
the country in states as distant and far flung as
Washington, Wisconsin, Minnesota, Pennsylvania, Illinois,
and California, to invest more.
Financial Investigator
Vincent Verlezza investigated the case.
The case is being prosecuted by Assistant
District Attorneys Dennis Ring and Wojciech Jackowski, of
the Revenue Crimes Bureau. Michael Vecchione is Chief of the
Rackets Division.
Contact: Jonah
Bruno
718-250-2300
13
DA
CHARLES J. HYNES COMMEMORATES CARIBBEAN AMERICAN HERITAGE
MONTH, SALUTES SIX IN LAW ENFORCEMENT
Brooklyn, June 18, 2008
- Kings County
District Attorney Charles J. Hynes yesterday acknowledged
the contributions made by Caribbean-Americans in law
enforcement to mark the nationwide celebration of
Caribbean-American Heritage Month.
DA Hynes said there are many
distinguished Caribbean-Americans who have made significant
contributions to the United States, but they seldom get the
recognition they rightfully deserve.
He cited the contributions made by three
individuals with Caribbean ancestry, including Constance
Baker-Motley, a federal judge whose parents emigrated to the
U.S. from Nevis; Rep. Shirley Chisholm, whose mother was
from Barbados, and her father from Guyana; and Secretary of
State Colin Powell who was born of Jamaican parentage.
“They are just a few of the many great achievers
of Caribbean heritage in the U.S. and it’s time for us to
salute their legacies as both African-Americans and
Caribbean-Americans, as well as their accomplishments,” said
DA Hynes.
He also paid tribute to six law enforcement
officials from the New York City Police and Corrections
Departments, as well as from the court system. Two related
organizations including the Haitian American Police Officers
Organizations and the Association of Caribbean-Americans
were also saluted.
The six honorees are: Capt. Leighton Myrie,
Executive Officer of the 77th Pct. Det. Sgt.
Adrian A. Ashby, Executive officer, 63rd Pct.,
Parole Officer Carl McCoy, of the NYS Parole Borough of
Brooklyn, Det. Nivorse Duncan, Haitian American Law
Enforcement Organization, Correction Officer Elvin Soanes,
and Colvin Grannum, President, Bedford-Stuyvesant
Restoration Corp.
DA Hynes said the honorees have added to the
ever-widening sea of accomplishments of Americans of
Caribbean heritage. “Each has exhibited unwavering
dedication to the welfare of their community, both in, and
beyond, their professional commitments,” he said..
District Attorney Hynes also said the
honorees are following in the steps of giants, and easing
the way for others in the Caribbean community to become
involved in making Brooklyn and the nation a safer and
better place to live.
Contact:
J. Zamgba Browne
(718) 250-3850
12
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES NINE TO
27 YEAR SENTENCE IN HUMAN TISSUE THEFT CONSPIRACY CASE
Brooklyn, June 18, 2008
– Kings County District Attorney Charles J. Hynes today
announced the sentencing of Christopher Aldorasi, 36, to
nine to 27 years in prison, before Justice Albert Tomei. He
was convicted on April 28, on 20 of the 22 counts he was
charged with, in a multi-million dollar human tissue theft
conspiracy.
Aldorasi was convicted on the top charge of
Enterprise Corruption, a Class-B Felony. Other charges
Aldorasi was convicted of included Falsification of Business
Records in the First Degree, Grand Larceny in the Third
Degree and Reckless Endangerment in the Second Degree.
Aldorasi and four codefendants, Michael
Mastromarino, 44; Joseph Nicelli, 52; and Lee Cruceta, 35,
were all charged in February 2006, in a 122-count
indictment, with orchestrating a large-scale, criminal
enterprise, in which tissues were harvested from people who
either never consented before they died, to be donors, or
whose medical conditions or ages would have prevented them
from donating tissue. Those tissues were then sold to
medical companies for use in surgical transplants, such as
bone and skin grafts.
Mastromarino pleaded guilty in March and will be
sentenced June 27, to 18 to 54 years in prison. Cruceta
pleaded guilty and testified against Aldorasi. He will be
sentenced at a later date. Nicelli’s case is still
pending.
The cases were prosecuted by
Rackets Division Bureau Chief Patricia McNeil, Deputy Bureau
Chief Josh Hanshaft, Rackets Division First Deputy Bureau
Chief Michael Perkins and Chief Counsel to the Rackets
Division Monique Ferrell. Michael Vecchione is Chief of the
Rackets Division.
Contact: Sandy
Silverstein
718-250-2300
11
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
INDICTMENT IN DEATH OF THREE-YEAR-OLD
COUPLE CHARGED WITH
MANSLAUGHTER
Brooklyn, June 16, 2008
– Kings County District Attorney Charles J. Hynes today
announced the indictments of Nymeen Cheatham, 31, and Lemar
Martin, 25, for killing three-year-old Kyle Smith, who had
been living with them, in their care.
Cheatham and Martin are both charged with
Manslaughter in the First Degree, Manslaughter in the Second
Degree, Criminally Negligent Homicide, Assault in the Second
Degree and Endangering the Welfare of a Child. If convicted,
they face could face 25 years in prison.
Kyle was pronounced dead at 11:40 a.m. on June
6. A New York City Medical Examiner determined that he died
from blunt force trauma and that his injuries had been
inflicted within hours of his death.
An indictment is an accusatory instrument and
not proof of a defendant’s guilt.
The case is being prosecuted by Assistant
District Attorney Cary Fischer and Bureau Chief Cathy
Dagonese. Ama Dwimoh is Chief of the Crimes Against Children
Bureau.
Contact: Jonah
Bruno
718-250-2300
10
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCE
OF TWO TO SIX YEARS FOR FORMER ASSEMBLYWOMAN DIANE GORDON
WHO WAS CONVICTED FOR SOLICITING A $500,000 BRIBE
GORDON CAUGHT ON VIDEO
REQUESTING A HOME FROM DEVELOPER IN EXCHANGE FOR INFLUENCE
RESULT OF JOINT
INVESTIGATION BETWEEN KINGS COUNTY DISTRICT ATTORNEY’S
OFFICE AND DEPARTMENT OF INVESTIGATION
Brooklyn, June 12, 2008 –
Kings County District
Attorney Charles J. Hynes today announced the sentencing of
former Brooklyn Democratic Assemblywoman Diane Gordon to two
to six years in prison before Justice Robert McGann. She
received two to six years for Bribe Receiving in the Third
Degree. In addition, Gordon received one-and-a-third to
four years for each of the two counts of Receiving Reward
for Official Misconduct in the Second Degree to run
concurrently. She was convicted on April 8 on these
charges. Upon conviction, Gordon lost her Assembly seat.
District Attorney
Hynes said, “Diane Gordon violated her oath of office and
betrayed the trust of the people who she was elected to
serve. She will pay a heavy price for that betrayal."
"I also want to congratulate
Department of Investigation Commissioner Rose Gil Hearn for
the job her agency did in the development of this case,"
said Hynes. "And the prosecution team of Michel Spanakos,
Patrick Cappock and Monique Ferrell deserve special praise
for their excellent work."
The conviction in this case was a result of a
joint investigation between the District Attorney’s Office
and the Department of Investigation.
Gordon was found guilty of
seeking a $500,000 single-family home as a bribe from a
Brooklyn contractor for just one dollar. In exchange for the
home and the free installation of doors in her Assembly
offices, Gordon told the contractor she would use her
influence to have a $2 million city-owned vacant lot turned
over to him for development.
On the video recordings made by investigators
from the Brooklyn DA’s Office and the Department of
Investigation, Gordon explained to the contractor how he
could win favor with other elected and government officials
who would ultimately decide whether he would get the
property. She also wrote a letter recommending the
contractor for the project, in addition to obtaining
recommendations from other local elected officials.
Contact: Sandy
Silverstein
718-250-2300
09
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES, NEW YORK CITY
DEPARTMENT OF INVESTIGATION COMMISSIONER ROSE GILL HEARN AND
NEW YORK CITY DEPARTMENT OF BUILDINGS COMMISSIONER ROBERT
LIMANDRI ANNOUNCE INDICTMENT IN DEADLY CONSTRUCTION
COLLAPSE
CONTRACTOR CHARGED WITH
MANSLAUGHTER
Brooklyn, June 11, 2008
– Kings County District Attorney Charles J. Hynes, New York
City Department of Investigation Commissioner Rose Gill
Hearn, and New York City Department of Buildings Acting
Commissioner Robert LiMandri today announced the indictment
of William Lattarulo for his role in a construction collapse
that killed a 30-year-old laborer, Lauro Ortega.
Lattarulo is charged with Manslaughter in the
Second Degree, Criminally Negligent Homicide, Two Counts of
Reckless Endangerment in the First Degree and Two counts of
Reckless Endangerment in the Second Degree.
“If not for this defendant’s callous selfishness
and complete disregard for the safety of his workers, Lauro
Ortega would be alive today,” said District Attorney Hynes.
“In his hasty attempt to cut corners and reduce his own
expenses, William Lattarulo cost another man his life. I
would like to thank Commissioner Gill Hearn and Commissioner
LiMandri for their help in this case.”
“Today’s
indictment serves as a warning that there are serious
consequences for cutting corners by ignoring safety
regulations,” said Acting Buildings Commissioner Robert
LiMandri. “We do not tolerate builders who prioritize
expedient development over safe construction practices, and
we will continue to hold them accountable for threatening
New Yorkers’ safety.”
DOI Commissioner Gill Hearn said, “DOI’s
investigation shows that by ignoring the building code
William Lattarulo undermined the foundation of his building,
caused the death of his worker and put other lives at risk.
The harm he is charged with causing cannot be undone, but
the indictment announced today demonstrates that anyone who
acts so recklessly will be held accountable. I want to thank
District Attorney Hynes for pursuing this important
prosecution.”
On March 12, 2008, Lattarulo was having
laundromat built on a vacant lot, at 791-793 Glenmore Ave.,
in East New York, which he owned. The adjacent building,
which Lattarulo also owned, had a foundation that extended
several feet below ground, but the laundromat’s basement
would go down much deeper than the existing residential
building next door.
The indictment charges that, despite repeated
warnings from several people, including a consultant he was
required to hire to inspect the work, Lattarulo failed to
properly support the neighboring foundation, as the new
building’s foundation was being dug. As a result of that
failure, the indictment charges, Ortega, an undocumented
immigrant earning $100 a day, was crushed when the
building’s foundation buckled under its own, improperly
supported weight and pressure from the earth beneath it.
The charges against Lattarulo
stem from his lack of experience in construction, his
failure to properly establish “underpinning”, his failure to
hire someone with the proper expertise and experience in
constructing underpinning, and his failure to build braces
to support the underpins below the foundation wall of the
adjacent building. Underpinning involves digging narrow
trenches beneath a foundation – one at a time – building
support walls, or “underpins”, from the bottoms of the
trenches to the base of the foundation, and backfilling the
trenches. It is essential that underpinnings be braced,
because they are prone to buckling, under the weight of the
building above them and pressure from the earth beneath the
building.
An indictment is an accusatory instrument and
not proof of a defendant’s guilt.
DOI investigators working on the case included
DOI’s Inspector General for the Department of Buildings
Michael Carroll and members of his staff, including
Investigators Robert Miller, Nicholas Novellino, Sadie
Lopez, Assistant Chief Investigator James McElligott, and
Deputy Chief Investigator Crissy DeAngelo, under the
direction of DOI Associate Commissioner John B. Kantor.
The case is being prosecuted by Rackets Division
Deputy Bureau Chief Joseph DiBenedetto. Rackets Division
Bureau Chief Gavin Miles, Counsel to the Rackets Division
Monique Ferrell, and Deputy District Attorney Joseph
Petrosino also worked on the case. Michael Vecchione is
Chief of the Rackets Division.
Contact: Jonah
Bruno
718-250-2300
08
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES MAXIMUM
SENTENCE OF 25 TO LIFE FOR DEFENDANT WHO KILLED HIS
COMMON-LAW WIFE
Brooklyn, June 10, 2008
– Kings County District Attorney Charles J. Hynes today
announced the sentencing of Clifford Damon, 46, to a maximum
of 25 years to life for killing his common-law wife, Donna
Gomes, and stabbing his roommate, Courtney Gaskin. He was
convicted of Murder in the Second Degree on May 14 after a
two-week trial before Justice Albert Tomei.
On March 12, 2004, Damon stabbed Gomes multiple
times in the hallway of the Flatbush apartment building that
they shared with Gaskin, killing her. Then Damon returned
to the apartment and stabbed Gaskin in the arm and cut
Gaskin in the face and hand. Gaskin was taken to Kings
County Hospital and treated for his injuries.
The case was prosecuted by Director of Training
Kin Ng and Senior Trial Attorney Lauren Hersh from the
Domestic Violence Bureau.
Contact: Sandy
Silverstein
718-250-2300
07
DISTRICT
ATTORNEY CHARLES J. HYNES SALUTES 800 STUDENTS AT A CITATION
OF HONOR CEREMONY HELD AT BROOKLYN COLLEGE’S WALT WHITMAN
AUDITORIUM
Brooklyn, June 6, 2008
– Kings County
District Attorney Charles J. Hynes presented “Progress
Through Justice” Citations of Honor to over 800 elementary
and high school students during the 18th Annual
Citation of Honor awards ceremony held at Brooklyn College.
“These students epitomize the ideals and goals of the
Progress Through Justice Award,” said District Attorney
Hynes. “To me the Award stands for seeing and doing what is
right and using those ideals to move forward into the
future,” he added.
Each of the award recipients
has sung in school choirs, served on school safety patrols,
and has monitored, tutored and acted as a role model to
younger students. “They do all this with smiles on their
faces and while maintaining good grades and completing all
their school work,” DA Hynes said.
DA Hynes recalled that when
he conceived the idea of an award saluting Progress Through
Justice, he really gave a lot of thought to the meaning of
the expression.
“To me, it stands for seeing
and doing what is right and using those ideals to move
forward into the future. It also stands for learning from
our past and applying it to our future,” DA Hynes said.
DA Hynes later led the
recipients through the Progress Through Justice Pledge to
uphold the ideals and objectives of the Progress Through
Justice Citation of Honor and to incorporate these ideals
into their everyday activities and use them to make this
world a better place to
live.
Contact: J. Zamgba Browne
(718) 250-3850
06
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
INDICTMENTS IN CROWN HEIGHTS ROBBERY AND ASSAULT
Brooklyn, June 5, 2008
– Kings County District Attorney Charles J. Hynes today
announced the indictments of Namor Clarke, 17, and Basean
Parker, 15, in connection with a robbery and assault in
Crown Heights last month.
In the 16-count indictment, the top charges
against Parker and Clarke include Assault in the First
Degree, Robbery in the First Degree, Assault in the Second
Degree and Robbery in the Second Degree. If convicted, they
could face a maximum of 25 years in prison.
The indictment charges that, on May 15, Clarke
and Parker attacked Alon Sherman and stole his cell phone
and bicycle, while Sherman, 16, rode his bicycle along
Albany Avenue in Crown Heights, to buy his younger brother
baby formula. As a result of the attack, Sherman suffered a
broken jaw, contusions and lacerations around his left eye
socket and had to have his jaw temporarily wired shut.
An indictment is an accusatory instruments and
not proof of a defendant’s guilt.
The case is being prosecuted by Assistant
District Attorney David Klestzick, First Deputy Bureau Chief
of the Green Zone. Paul Burns is Chief of the Green Zone.
Contact: Jonah
Bruno
718-250-2300
05
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
SEX-CRIME CONVICTION OF CHURCH PASTOR
SODOMIZED 11-YEAR-OLD
PARISHIONER ON EIGHT SEPARATE OCCASIONS
Brooklyn, June 5, 2008
– Kings County District Attorney Charles J. Hynes today
announced the conviction of Dieuvais Surin, a pastor in the
Original Church of God of Prophesy, of repeatedly sexually
abusing an 11-year-old girl in 1998 and 1999.
Surin, 72, was convicted of all counts: 13
Counts of Criminal Sex Act in the Second Degree and nine
Counts of Sexual Abuse in the Second Degree.
When he is sentenced July 9, he could face up to
56 years in prison.
Surin sexually abused the girl, a parishioner in
the church, on eight separate occasions between April 1998
and September 1999. The first incident occurred in Surin’s
van, when he touched her breasts beneath her clothes. On
subsequent occasions, he forced her to perform oral sex and
other sex acts on him, in his apartment, the church basement
and in his van. On numerous he waited outside her middle
school for her and then brought her into his van and
sodomized her.
Assistant District Attorney Jennifer Ruben and
Assistant District Attorney Christopher Laline prosecuted
the case. Rhonnie Jaus is Chief of the Sex Crimes Bureau.
Contact: Jonah
Bruno
718-250-2300
04
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SEX
CRIMES CHARGES AGAINST CATHOLIC PRIEST
DIOCESE OF BROOKLYN
NOTIFIED KCDA OF ALLEGATION, IN ACCORDANCE WITH MEMORANDUM
OF UNDERSTANDING
Brooklyn, June 4, 2008
– Kings County District Attorney Charles J. Hynes today
announced the arrest of Father Augusto Cortez, 44, on sex
abuse charges.
Cortez, a priest who works with students at
Saint John the Baptist School, in Bushwick, is charged with
Sex Abuse in the Second Degree, Forcible Touching and
Endangering the Welfare of a Child. If convicted, he could
face up to a year in jail.
He is charged with touching a
12-year-old female student’s breast May 29.
District Attorney Hynes thanked the Diocese of
Brooklyn for quick action in alerting prosecutors about the
allegations, in accordance with the protocols of a
Memorandum of Understanding. Since the Memorandum of
Understanding was drafted by the Diocese and the Brooklyn
District Attorney’s Office, in 2002, sex-crimes charges have
been brought against five priests.
According to the Memorandum of Understanding,
the Diocese of Brooklyn has agreed to notify the Kings
County District Attorney’s Office whenever church officials
are accused of sexual misconduct. The District Attorney
agrees to keep the investigation confidential until – and
unless – formal charges are brought.
Senior Trial Attorney Jamila Cha-Jua-Lee is
prosecuting the case. Rhonnie Jaus is Chief of the Sex
Crimes Bureau.
Contact: Jonah
Bruno
718-250-2300
03
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES REAL
ESTATE FRAUD INDICTMENTS
ONE CASE SPAWNED FROM
CROWN HEIGHTS ARSON INVESTIGATION DA WARNS HOMEBUYERS TO
LOOKOUT FOR SCAMS
Brooklyn, June 4, 2008
– Kings County District Attorney Charles J. Hynes today
announced the indictment of several people involved in
unrelated mortgage and real estate frauds, and used the
opportunity to highlight some features of the real estate
industry that allow for such scams, and to help prevent
future homebuyers from being victims.
“These cases highlight the cracks in the system
that scam artists exploit to swindle over eager home buyers
and mortgage brokers and companies,” said DA Hynes. “In
shopping for a home, it is always important to watch out for
crooked dealers. If something seems amiss, trust your
instinct. Break off the deal and contact the authorities.
“If you’ve been the victim of a real estate
crime, call the Brooklyn District Attorney’s Action Center,
at
(718)250-2340.”
George Marks, 40, is charged with Grand Larceny
in the First Degree, Three Counts of Grand Larceny in the
Second Degree, Grand Larceny in the Third Degree, and Six
Counts of Falsifying Business Records in the First Degree.
In a separate, unrelated
indictment, Mavis Samuel, 40, and Carlyle Ebanks, 53, are
charged with Grand Larceny in the First Degree, Grand
Larceny in the Second Degree, Insurance Fraud in the First
Degree, Falsifying Business Records in the First Degree, and
Falsifying Business Records in the Second Degree.
The case against Ebanks and
Samuel originated with an investigation into a string of
arsons that occurred in Crown Heights in early 2006.
They are charged with selling
one building, 1162 Pacific Street, twice, to two different
straw buyers. The building was burned down between the two
sales.
The defendants are charged
with approaching a straw buyer and offering him $2,000 to
buy the building for $440,000, in September 2004. Though the
straw buyer held the deed, Ebanks and Samuel maintained
control of the building. When the straw buyer was recovering
from a traumatic brain injury in spring 2005, Samuel
convinced him to deed the property back to her, according to
the indictment.
Samuel and Ebanks are also charged with forging
the straw buyer’s name on an insurance claim, after the
building was burned in February 2006, and then illegally
collecting his benefits.
Then, in November 2006, Ebanks approached a
friend and offered him a business opportunity, according to
the indictment. Ebanks told him that if he bought the
building, they would make him a partner in his and Samuel’s
real estate investment company. The defendants are charged
with illegally inflating 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 $200,000 and $300,000, and maintained ownership,
according to the indictment.
DA Hynes said, “The case
against Marks shows how easy it can be to steal a house, but
there are several steps you can take to make sure that you
have not been victimized. People are entitled to three free
credit reports each year, so request one every four months.
That will let you know if anyone had stolen your identity or
taken out a mortgage in your name. And at least once a year
I would advise homeowners to visit the city’s Automated City
Register Information System (ACRIS) website, and check your
property records. Also be on the lookout for bills and
notices that you normally receive, such as property tax
statements and water bills. If those stop coming, contact
the authorities.”
The indictment against Marks charges that he
forged a deed claiming ownership of the deed to 243 E. 54
Street and 5501 Church Avenue, in East Flatbush, and then
tried to sell the building. The actual owner had died, and
her son was in the midst of sorting out her will and estate,
when, in 2006, Marks filed deeds claiming he was the actual
owner, according to the indictment. Supporting tax documents
discovered in the investigation showed that Marks claimed to
have paid $20.00 for both properties, then valued at more
than $1 million.
While the deed forms were backdated to show that
they had been filled out before the owner died, dates
printed in the margins showed that they were not created
until after her death. (Blank deed forms are available at
any legal stationery store, and information on who owns a
house is available on land records that can be accessed on
the Internet.)
Marks is also charged with trying to sell 243 E.
54 Street to a married couple, in December 2006. The
indictment alleges that he accepted a $10,000 down payment
from the couple, but when questions about the deed arose,
they requested their money back. Marks has not returned the
payment.
The indictment further
charges that, in December 2006, Marks sold 243 E. 54 Street
to a straw buyer, for $495,000, allowing Marks to keep the
money generated in the sale and maintain ownership of the
building.
Grand Larceny in the First Degree, the top
charge against all three defendants, carries a maximum
sentence of 25 years in prison.
An indictment is an accusatory instrument and
not proof of a defendant’s guilt.
DA Hynes also thanked the NYPD Arson and
Explosion Squad and Detectives Michael Cummings and Kevin
Parrett, who worked on the arson investigation, under the
supervision of Lt. Dennis Briordy and Sgt. Steven Alu.
Assistant District Attorney Laura Neubauer is
prosecuting the case against Samuel and Ebanks. Assistant
District Attorney Richard Farrell is prosecuting the case
against Marks. Michael Vecchione is Chief of the Rackets
Division.
Contact: Jonah
Bruno
718-250-2300
02
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
40-YEAR-SENTENCE FOR RAPE CONVICTION INVOLVING TWO VICTIMS
DNA LINKED THE DEFENDANT
TO THE VICTIMS
Brooklyn, June 3, 2008 – Kings County District Attorney Charles J. Hynes today announced the
sentencing of Antonio Lopez, 36, to 40 years for the sexual
and physical assault of two victims before Justice Cassandra
Mullen . He received 20 years on the conviction of Rape in
the First Degree for one victim and an additional 20 years
on the conviction of Criminal Sexual Act in the First Degree
for the second victim. Lopez was also sentenced to
additional time for the assaults which will run concurrent
to the 40 years. Lopez must also register as a sex offender
and will be deported to Guatemala.
In October 2003, Lopez took the first victim
behind a school in Coney Island where he repeatedly punched,
choked and raped her. After Lopez fled, the victim
immediately called police. The victim was taken to Victory
Memorial Hospital for numerous injuries and a rape kit was
conducted.
In February 2004, Lopez struck again. He took
this victim to an abandoned train yard in Bay Ridge where
she was beaten and sodomized. The victim in this incident
also immediately alerted police after the defendant fled.
She was taken to Lutheran Medical Center where a rape kit
was conducted.
Through the DNA database, it
was determined that both women were victimized by the same
defendant. They matched the DNA to Lopez and he was
subsequently arrested on August 28, 2007.
The case was prosecuted by
Senior Trial Attorney Elizabeth Doerfler and Assistant
District Attorney Ilana Silverglade from the Sex Crimes
Bureau. Rhonnie Jaus is Chief of the Sex Crimes Bureau.
Contact: Sandy
Silverstein
718-250-2300
01
KINGS COUNTY DISTRICT
ATTORNEY CHARLES J. HYNES ANNOUNCES 65 YEARS TO LIFE
SENTENCE OF GENERAL WAITERS
MURDERED A THREE-YEAR-OLD
GIRL AND INJURED SEVERAL OTHERS IN 2006 SHOOTING
Brooklyn, June 2, 2008
– Kings County District Attorney Charles J. Hynes today
announced the sentencing of General Waiters, 38, to 65 years
to life for shooting four people at a family gathering in
May 2006, killing a three-year-old girl.
Waiters was convicted on May 13 before Justice
Deborah Dowling of Murder in the Second Degree, Attempted
Murder in the Second Degree and two counts of Assault in the
First Degree.
On May 7, 2006, Waiters drew a .357 revolver and
opened fire at a gathering of his girlfriend, Jacqueline
Warren’s family, killing Warren’s three-year-old niece,
Tajmere Clark. Waiters also shot Warren’s aunt, Mary Lee
Clark – Tajmere Clark’s grandmother – twice, putting her
into a coma, which she remains in today. And he shot two of
Warren’s children in the leg.
Chief Counsel to the Homicide Bureau Mark Hale
prosecuted the case. Kenneth Taub is Chief of the Homicide
Bureau.
Contact: Sandy
Silverstein
718-250-2300
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