About Ernest Johnson

FOR IMMEDIATE RELEASE
Thursday, April 20, 2017

Attorney Sentenced to State Prison for Stealing Almost $600,000
From the Estate of Deceased New York City Civil Court Judge

Stolen Funds Include Proceeds from Sale of Historic Slave Theater in Bedford-Stuyvesant

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Howard Beach attorney was sentenced to one to three years in state prison following his guilty plea earlier this year to second-degree grand larceny for siphoning off approximately $600,000 from an estate that he was hired to represent and using the funds for his personal expenses.

Acting District Attorney Gonzalez said, “This defendant disregarded his duty to his client, stealing nearly all of the proceeds due to the estate of the beloved Hon. Judge Phillips, including from the sale of the historic Slave Theater. He’s now been held accountable for his brazen theft and shameful conduct.”

The Acting District Attorney said that the defendant, Frank Racano, 54, of Howard Beach, Queens, was sentenced today by Brooklyn Supreme Court Justice Danny Chun to one to three years in prison and required to sign a judgment order or restitution for $587,160.56 payable to the estate of John Phillips, at the request of the District Attorney’s Office. Racano pleaded guilty to second-degree grand larceny in January.

The Acting District Attorney said that between February 2013 and May 2015, the defendant stole approximately $587,160.56 from the estate of New York City Civil Court Judge John L. Phillips, Jr., who died unmarried, childless and without a will on February 16, 2008.

The Acting District Attorney said that, according to the investigation, on January 16, 2009, Samuel Boykin, a nephew by marriage, successfully petitioned the Kings County Surrogate to be appointed administrator of the estate.

In early 2010, Boykin hired Racano, a licensed attorney, to assist in the sale of the estate’s real estate holdings, which included the Slave Theater, located at 1215-1217 Fulton Street in Bedford-Stuyvesant and 10 Halsey Street, a vacant lot behind the theater. In 2012, the properties went into contract for a total of $2.2 million and the buyer paid the estate a down payment of $220,000. That check, payable to “Frank Racano, as attorney,” was deposited into the defendant’s attorney trust checking account.

Kings County Surrogate Diana Johnson approved the sale of the properties on December 19, 2012. On February 25, 2013, at the closing for the properties, the buyer’s attorney paid closing expenses and taxes that were owed on the property. The net proceeds of the sale, $517,339.65, were paid to the estate in two checks payable to “Frank Racano, as attorney.”

Racano deposited those two checks into his trust account, thus the total proceeds from the sale of the properties credited to the estate should have been $737,339.65. Between February 2013 and May 2015, Racano paid estate expenditures for tax assistance and other services totaling $150,179.09. During this same period, he wrote and cashed over 300 checks to himself in amounts ranging from $45 to $7,500, without authorization from the estate or the Court and completely depleted the account, stealing a total of $587,160.56.

The case was prosecuted by Senior Assistant District Attorney Frank Dudis, of the District Attorney’s Real Estate Fraud Unit, under the supervision of Assistant District Attorney Richard Farrell, Unit Chief, and Assistant District Attorney Felice Sontupe, Chief of the District Attorney’s Frauds Bureau, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Wednesday, April 19, 2017

Midwood Travel Agent Sentenced to State Prison for Stealing
More Than $350,000 From Over 25 Pakistani Customers

Victims Missed Pilgrimages to Mecca and Family Visits When Defendant Failed to Book Trips

Acting Brooklyn District Attorney Eric Gonzalez today announced that a travel agent in Midwood has been sentenced to two to six years in prison for stealing more than $350,000 from Pakistani immigrants for whom he was supposed to make travel arrangements. Instead, he pocketed their money.

Acting District Attorney Gonzalez said, “Many of the victims of this defendant were hardworking Pakistani immigrants who were cheated out of a lifelong dream of taking a pilgrimage to Mecca. Today’s prison sentence is a small measure of justice for them, but represents my Office’s commitment to protecting the immigrant community from con men who seek to prey on them.”

The Acting District Attorney said that the defendant, Junaid Mirza, 51, of Brooklyn, was sentenced today to two to six years in state prison today by Brooklyn Supreme Court Justice Danny Chun following his guilty plea earlier this month to one count of third-degree grand larceny.

The Acting District Attorney said that, according to the investigation, between July 2011 and September 2015, the defendant, at various times, owned and operated travel agencies, doing business as Travel Treat and Pearl Travel, that specialized in the sale of travel packages to Mecca, Saudi Arabia, and airline tickets to Pakistani immigrants. He advertised discounted trips and tickets in widely-read Urdu language newspapers such as the Pakistan Post and Urdu Times, and in pamphlets distributed in mosques.

All physically and financially capable Muslims must make at least one Hajj, or trip to Mecca, in the fall, once in their lifetime. A Muslim cannot incur debt for their Hajj, making this for many a once-in-a-lifetime event. An Umrah is a pilgrimage to Mecca that can be taken at any time of the year. Among the victims are taxi cab drivers, home health aides, postal workers and Uber drivers.

It is alleged that the defendant stole amounts ranging from approximately $1,075 to $14,000 from his victims, many of whom he spoke to in Urdu, gaining their trust. The victims paid more than $6,000 per person for a Hajj package, which was supposed to include round-trip airfare, hotels and visas.

The Acting District Attorney said that, according to the investigation, Mirza defrauded his customers in various ways, including guaranteeing low fares in exchange for payment by cash or check, which he would deposit the same day, but failed to provide airline tickets, or in some instances provided victims with receipts and printouts, which he claimed were tickets.

Some of the victims realized he had not purchased tickets when they called the airline to arrange a special meal or to change a seat number or when they arrived at the airport.

The Acting District Attorney thanked United States Citizenship and Immigration Services and Homeland Security Investigations for their assistance in the investigation.

The case was prosecuted by Assistant District Attorney Jose Interiano, Deputy Chief of the District Attorney’s Immigrant Fraud Unit, under the supervision of Assistant District Attorney Kin Ng, formerly Chief of the Immigrant Fraud Unit and currently Chief of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE
Tuesday, April 18, 2017

Four Gang Members Sentenced to 25 Years to Life in Prison for
Attacking Two Bedford-Stuyvesant Brothers, Killing One

Stabbed and Robbed Victims, Who Were Coming Home from Work

Acting Brooklyn District Attorney Eric Gonzalez today announced that four known gang members have each been sentenced to 25 years to life in prison following their conviction on charges of robbery and murder. The defendants fatally stabbed a 23-year-old man and injured his brother while the victims were returning home from work in the early morning hours.

Acting District Attorney Gonzalez said, “These defendants – who robbed and stabbed two innocent brothers, killing one of them – are clearly a danger to society and should be incarcerated. The long prison sentences imposed today ensure just that and hopefully bring some small measure of closure to the victims’ family.”

The Acting District Attorney identified the defendants as Carmello Bello, 28, and Miguel Bello, 34, of Bedford-Stuyvesant, Javier Ortiz, 35, and Martin Carillo, 36 of Sunset Park, Brooklyn. All four defendants were convicted last month of second-degree murder and first-degree robbery (some were convicted of related, lesser offenses) following a jury trial before Brooklyn Supreme Court Justice Evelyn Laporte.

Each of the defendants was sentenced to 25 years to life in prison.

The Acting District Attorney said that, according to trial testimony, on September 7, 2014, at approximately 1:50 a.m., on Myrtle Avenue between Marcy and Tompkins Avenues in Bedford Stuyvesant, the defendants approached and demanded money from the victims, Juan Carlos Luna-Juarez, 23, and his 27-year-old brother as they returned home from work.

When the victims did not comply, the defendants, acting together, repeatedly punched, kicked, and stabbed the two victims. The defendants then stole a bike and backpack, according to trial testimony. During the attack, Juan Juarez was stabbed approximately 10 times and died as the result of a puncture wound to the heart. His brother suffered stab wounds to his leg and back and survived the injuries.

The defendants, all members of the Ninos Malos gang, were apprehended near the crime scene shortly after the attack. When they were arrested, two defendants had blood on their clothing, which was later determined to belong to the victims, and officers found a knife in the pocket of one defendant. Two additional knives were recovered from the crime scene. Defendant Miguel Bello subsequently admitted to being at the crime scene and stabbing someone, the evidence showed.

The case was prosecuted by Senior Assistant District Attorneys Yaniris Urraca and Leila Rosini, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Nicole Chavis, Bureau Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the District Attorney’s Investigations Division.

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FOR IMMEDIATE RELEASE
Thursday, April 13, 2017

Seven Brooklyn Residents Charged in Fraud Scheme Involving
More Than 150 Illegally Deposited Money Orders, Over $100,000 in Losses

Defendants Allegedly Took Control of 47 Bank Accounts,
Manipulated Electronic Check Deposit Feature to Execute Scheme

Acting Brooklyn District Attorney Eric Gonzalez, together with United States Postal Inspector in Charge Philip R. Bartlett, today announced that seven Brooklyn residents have been indicted on charges of second-degree grand larceny, first-degree scheme to defraud and related charges for their role in an alleged scheme to fraudulently deposit the same United States Postal Service money orders into multiple bank accounts and cashing the physical money orders while failing to disclose the prior deposits.

Acting District Attorney Gonzalez said, “These defendants allegedly engaged in an intricate scheme to steal thousands of dollars from financial institutions and exploited a loophole in mobile electronic bank deposit applications. These loses turn into financial costs are ultimately passed onto bank customers. My Office will continue to work closely with the United States Postal Service to remain vigilant in the face crime which capitalizes on changing technology.”

Inspector in Charge Bartlett said, “Mobile check deposit schemes are one of many fraud schemes gaining popularity in recent years. These schemes present a real challenge for financial institutions and law enforcement. Customer convenience is easily exploited by fraudsters. Postal Inspectors and their law enforcement partners aggressively investigate crimes that steal money from financial institutions and damage the USPS brand.”

The Acting District Attorney identified the defendants as Jermel Belfast, 30, Kadeem Bryan, 23, and Juvaun Clarke, 25, each of Flatbush-Ditmas Park, Brooklyn; Chevelle Gordon, 20, and Brian McIntosh, 23, each of Flatbush, Brooklyn; Steven Leger, 23, of East Flatbush and Dakim Willis, 25, of Flatlands, Brooklyn. The defendants were variously charged with fourth-degree conspiracy, fifth-degree conspiracy, second-degree grand larceny, third-degree grand larceny and first-degree scheme to defraud. Defendants Belfast, Clarke, Leger and Gordon were arraigned Wednesday before Brooklyn Supreme Court Justice Alexander Jeong and defendants Bryan and McIntosh were arraigned yesterday and Willis was arraigned today.

The Acting District Attorney said that, according to the indictment, from approximately June 2014 to March 2016, the defendants purchased United States Postal Service money orders in amounts ranging from $700 up to $1,000 at post offices throughout Brooklyn. In one instance, $12,000 in money orders was purchased. It is also alleged that the defendants recruited a total of 47 bank account holders to relinquish control of their accounts—including their debit cards and Personal Identification Numbers—to the defendants for a promised sum of money. The account holders held accounts at TD Bank, Santander and Bancorp.

The Acting District Attorney said that, according to the indictment, the defendants would deposit the purchased money orders into the bank accounts through an electronic deposit mobile application offered by the financial institutions. Many times, the postal money orders were electronically deposited into more than one compromised bank account. The defendants, it is alleged, would write the respective account holder’s name as the money order payee and erase the information afterwards to facilitate another fraudulent deposit.

Electronic deposit mobile applications allow customers to deposit funds, such as a check or a money order, directly to their bank account using a smart phone or other electronic device. Many financial institutions immediately release a portion of the deposited funds making cash available for withdrawal. The account holder is not required to send their bank the physical deposited item.

The Acting District Attorney said that, according to the indictment, the defendants would withdraw money from the compromised accounts and then subsequently cash the money orders at United States Post Office locations throughout Brooklyn, without disclosing that the money orders had previously been deposited into a bank account. It is alleged that the names of the account holders previously written in pencil were erased and money orders were written out—in ink—to the individual cashing the item.

Based on the face value of the money orders, the defendants allegedly stole approximately $74,951; $36,369; and $7,300 from TD Bank, Santander Bank and Bancorp, respectively.

The case was investigated by United States Postal Inspection Service Inspector Gonzalo Gonzalez, New York City Detective Adrienne Jones, of the District Attorney’s Office Investigation’s Bureau, under the supervision of Sergeant Dominick Longo and Captain Dawit Fikru.

The case is being prosecuted by Senior Assistant District Attorney Vivian Joo, of the District Attorney’s Frauds Bureau, under the supervision of Dana Roth, Deputy Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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

FOR IMMEDIATE RELEASE
Thursday, April 13, 2017

Brooklyn Woman Indicted for Allegedly
Stealing over $23,000 from Insurance Company

Falsely Claimed Insured Jewelry was Lost or Stolen;
Presented Company with False Receipts for Replacement Jewels

Acting Brooklyn District Attorney Eric Gonzalez, together with New York State Department of Financial Services Superintendent Maria T. Vullo, today announced that a Brooklyn woman has been charged with grand larceny and related counts for allegedly stealing over $23,000 and attempting to steal an additional $24,500 from Jewelers Mutual Insurance. The investigation commenced following an anonymous tip to the insurance company.

Acting District Attorney Gonzalez said, “Insurance fraud is not a victimless crime. False claims such as those allegedly committed by this defendant are responsible for driving up the premiums of honest consumers, not to mention notable losses for this insurance company which issued these policies in good faith. We will now seek to hold her accountable for her actions.”

Superintendent Vullo said, “The Department of Financial Services is committed to protecting consumers by rooting out insurance fraud and bringing perpetrators who commit these types of scams to justice. I applaud the dedicated work of our insurance investigators and appreciate the opportunity to have worked on this case with the Brooklyn District Attorney’s office.”

The Acting District Attorney identified the defendant as Daniela Richardson, 32, of Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Alexander Jeong on a nine- count indictment in which she is charged with third-degree grand larceny, third-degree attempted grand larceny, third-degree insurance fraud and first-degree falsifying business records. She was ordered to return to court on May 3, 2017. The defendant faces up to 15 years in prison if convicted of the top count.

The Acting District Attorney said that the defendant allegedly filed three fraudulent claims between October 20, 2012 and September 15, 2014 falsely alleging the theft or loss of jewelry insured in three separate Jewelers Mutual Insurance policies.

It is alleged that on January 9, 2012, Richardson made an online purchase of a one-year insurance policy from JMI using a Visa credit card in her name. The policy covered “the repair and replacement with like kind and quality” of three items: a ring, a pair of earrings and a white gold pendant.

On October 23, 2012 to January 7, 2013, Richardson filed a claim with JMI alleging that she had been robbed of the three pieces of jewelry. She submitted to JMI a purported bill from Wonderland Jewelry, in the Bronx, in the amount of $10,944 for the cost of replacement jewelry. She also included a signed and notarized statement alleging that she had been robbed. On January 9, 2013, JMI issued a $9,944.08 check payable to Wonderland Jewelry as reimbursement for the replacement items (less the $1,000 deductible). On January 18, 2013, the check was deposited into Richardson’s bank account.

On January 9, 2012, JMI issued a one-year replacement policy for a yellow gold chain with a diamond and a diamond ring to an individual who had a relationship with Richardson, paid for with the same Visa card as the previous claim, but with a different cardholders name. The policy was renewed for another year on January 10, 2013. Between June 12, 2013 and October 21, 2013, Richardson caused a claim to be filed alleging that the jewelry had been left in a taxi. An invoice purporting to be from Blue Diamond Jewelry for the replacement of the jewels was also submitted, along with a signed and notarized letter attesting to the loss. On October 29, 2013, JMI issued a check to Blue Diamond in the amount of $13,296 to cover the cost of the replaced jewelry. The check was deposited in Richardson’s account on November 14, 2013.

Finally, on January 3, 2014, JMI issued a one-year replacement value policy in the name of a second individual with a relationship to Richardson. That policy covered a diamond engagement ring and was secured by Visa cards associated with Richardson. Between July 9, 2014 and September 26, 2014, Richardson caused a claim for $24,500 to be filed with JMI alleging the loss of the diamond ring. In support of the claim she submitted two signed and notarized letters. JMI declined to pay this claim after receiving an anonymous tip that all three claims were fraudulent. The company launched an investigation and referred the case to DFS, who then referred it to KCDA for prosecution.

The investigation was conducted by a Senior Investigator of the Department of Financial Services, Detective Adrienne D. Jones, of the NYPD Kings County District Attorney’s Office Squad, and with the assistance of Inspector Joseph Marcus of the United States Postal Inspection Service.

The case is being prosecuted by Assistant District Attorney Paul Wooten of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Dana Roth, Deputy Bureau Chief, and the overall supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.

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

FOR IMMEDIATE RELEASE
Tuesday, April 11, 2017

Brooklyn Man Convicted of Murdering His Ex-Girlfriend

Defendant and Victim Had Two Children in Common, Argued over Child Support;
Faces up to 25 Years to Life in State Prison

Acting Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man has been found guilty of second-degree murder for killing his ex-girlfriend following an argument over child support inside of her apartment in the Roosevelt Houses in Bedford-Stuyvesant.

Acting District Attorney Gonzalez said, “Not only did he selfishly and senselessly take the life of a young mother, this defendant left his children essentially without any parents as he will inevitably be sentenced to a very long and well-deserved term behind bars. He has now been held accountable for this senseless murder.”

The Acting District Attorney identified the defendant as Tristan Anderson, 30, of East New York, Brooklyn. He was convicted yesterday of second-degree murder and first-degree manslaughter following a jury trial before Brooklyn Supreme Court Justice Matthew Sciarrino. The defendant will be sentenced on May 1, 2017, at which time he faces up to 25 years to life in prison.

The Acting District Attorney said that, according to trial testimony, on July 22, 2014, at approximately 2:00 a.m., the defendant and his ex-girlfriend, Shawntell Davis, 25, who had two children, now ages three and eight, were engaged in an argument over child support, according to the defendant, inside of her apartment, located at 953 DeKalb Avenue, in Bedford-Stuyvesant.

The defendant told police that he pushed the victim to the floor and she may have banged her head and that she was lying on the floor gurgling and wheezing when he left the apartment.

The evidence proved that the victim died as a result of ligature strangulation with blunt impact injury to the head.

The case was prosecuted by Senior Assistant District Attorney Sabeeha Madni and Assistant District Attorney Asia Watson of the District Attorney’s Domestic Violence Bureau, under the supervision of Assistant District Attorney Michele Kaminsky, Bureau Chief.

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FOR IMMEDIATE RELEASE
Monday, April 10, 2017

Brooklyn District Attorney’s Office Announces First
Begin Again Event of 2017

Community Initiative that has Helped Thousands of New Yorkers
Clear Open Summons Warrants will be Held for Two Days in Bedford-Stuyvesant

Acting Brooklyn District Attorney Eric Gonzalez today announced that his office will host its first Begin Again event for the year and fifth overall. This summons warrant adjudication initiative – aimed at helping residents address their open summons matters and clear the staggering backlog of warrants in the New York City summons court system – will take place on Friday, April 14, and Saturday, April 15, 2017, from 9 a.m. to 3 p.m., at Mount Pisgah Baptist Church, located at 212 Tompkins Avenue, in Bedford-Stuyvesant, Brooklyn.

Acting District Attorney Gonzalez said, “Our Begin Again initiative has been a tremendous success in helping thousands of New Yorkers resolve their outstanding summonses. I am committed to giving the people of Brooklyn a new start by helping them remove the threat of an arrest and other negative consequences associated with an open summons warrant. I encourage everyone, including members of our immigrant communities, to take advantage of this program, which also fosters trust between law enforcement and the communities we serve.”

Congressman Hakeem Jeffries said, “Everybody deserves a second chance at life. Acting District Attorney Gonzalez and all involved should be commended for their vision and commitment in making this happen for thousands of deserving individuals across Brooklyn.”

New York City Public Advocate Letitia James said, “In New York City, a simple non-violent offense can snowball into an arrest, and reduce the chance of getting work and access to public housing. Begin Again offers New Yorkers the chance to wipe the slate clean and reclaim their lives by clearing up open summons warrants. I wholeheartedly support this initiative and urge anyone eligible to participate, particularly undocumented immigrants.”

New York City Council Speaker Melissa Mark-Viverito said, “Summons warrants the vast majority of people don’t even know they have can turn an otherwise normal day into a nightmare trip into custody. I applaud the Brooklyn DA’s Office for providing an opportunity for New Yorkers to resolve these warrants for low-level offenses without wasting law enforcement resources. Between the Begin Again program and the City Council’s recent initiative to clear summons warrants issued more than a decade ago, our communities can look forward to a fairer criminal justice system.”

Council Member Robert Cornegy said, “We know an open summons or warrant may impede one’s ability to obtain employment, housing, or affect their immigration status. In Brooklyn, these warrants accumulate at a rate of approximately 16,000 per year. The opportunity to clear one’s name will greatly reduce these numbers and bring people out of the shadows. The Begin Again event is a valuable way of providing a second chance for low-level offenders, fosters better community relations with the NYPD, while reducing an overcrowded jail population. We appreciate the Brooklyn DA’s office for returning to Bedford-Stuyvesant to help all New Yorkers.”

Since its launch in June 2015, Begin Again has been held in Clinton Hill, East New York, Bedford-Stuyvesant and Bushwick. Nearly 2,600 people attended those previous events and over 1,700 warrants were cleared. Everyone who showed up received help and no one was arrested. Following the initiative’s success in Brooklyn, similar events have been held in other boroughs.

The District Attorney’s Office is partnering with the Office of Court Administration, the Legal Aid Society, the Kings County Criminal Bar Association and the New York City Police Department to once again provide on-site legal counsel and give New Yorkers a chance to clear their outstanding warrants.

Individuals who appear for Begin Again will first consult with on-site attorneys to make sure only eligible summons warrants are heard. All participants will then enter a makeshift courtroom, where a judge will be on hand to address the outstanding summons and bench warrants that resulted from the failure to respond to summonses for a multitude of low-level infractions, including walking a dog without a leash or being in a park after closing.

There are approximately 1.5 million open summons warrants citywide. These summons warrants, when left unresolved, subject those who have them to an automatic arrest when questioned by police on the street or during a traffic stop. They also carry a number of negative consequences, including impeding one’s ability to apply for citizenship, secure employment or obtain public housing. In today’s immigration enforcement environment by the federal government, an open warrant can be particularly risky to undocumented immigrants.

The Brooklyn District Attorney’s Office is committed to keeping Brooklyn safe and fair for all and will continue to expand its Begin Again event to other locations throughout the borough and to offer other solutions that would relieve the staggering backlog of outstanding summons warrants.

More information about the event is available at http://brooklynda.org/begin-again/

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FOR IMMEDIATE RELEASE
Wednesday, April 5, 2017

Long Island Man Indicted for
Stealing Canarsie Home from 65-Year-Old Woman

Defendant Allegedly Transferred Ownership to Himself and Resold Property for a Profit

Acting Brooklyn District Attorney Eric Gonzalez, together with New York City Sheriff Joseph Fucito, today announced that a Nassau County man has been indicted for illegally transferring the title of a multi-occupancy Canarsie home from its true owner to himself— then selling the property to an unaware buyer. The defendant’s limited liability company is also named in the indictment.

Acting District Attorney Gonzalez said, “This defendant allegedly stole valuable Brooklyn real estate from its rightful owner and brazenly resold it to an unsuspecting buyer. Thanks to the diligence and hard work of our prosecutors and investigators, we were able to expose this defendant’s shameful conduct of alleged fraud and deceit.”

Sheriff Fucito said, “We are pleased with our investigation into the deed fraud activities of Kenneth Pearson. Property in NYC is a major investment for our citizens and this arrest sends a message that deed fraud crimes are being aggressively pursued and offenders will be prosecuted to the full extent of the law.”

The Acting District Attorney identified the defendant as Kenneth Pearson, 56, of Nassau County, New York. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree grand larceny, second- degree criminal possession of a forged instrument, first-degree falsifying business records and first-degree offering a false instrument for filing. He faces up to 7 ½ to 15 years in prison if convicted on the top count. The company, Jean Swilling, LLC, is also variously charged in the indictment. Bail was set at $75,000 bond or $25,000 cash.

The Acting District Attorney said that, according to the indictment, in May 2016, the defendant stole a two-story residential building located on East 85th Street in Canarsie, Brooklyn, by filing—with the Office of the City Register—a real property deed transfer containing the forged signature of the property’s rightful owner. The deed and title were transferred to Jean Swilling, LLC, a limited liability company owned and operated by the defendant.

In July 2016, once the title was transferred, the defendant negotiated and completed a deal to sell the home to an unsuspecting buyer for approximately $265,000. Neither the buyer nor his attorney was aware of the property’s fraudulent title.

The Acting District Attorney said that, according to the investigation, the fraudulent transfer was discovered by the property’s rightful owner, who filed then a complaint with the Brooklyn District Attorney’s Action Center.

The case was investigated by Sheriff Detectives Michael Trano and Richard Leblond of the New York City Department of Finance, Office of the Sheriff, Bureau of Criminal Investigation.

The case is being prosecuted by Senior Assistant District Attorney Patrick Cappock, of the District Attorney’s Frauds Bureau and Assistant District Attorney Richard Farrell, Chief of the District Attorney’s Real Estate Fraud Unit, under the supervision of Assistant District Attorney Dana Roth, Deputy Chief of the District Attorney’s Frauds Bureau and 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 and Assistant District Attorney Patricia McNeill, Deputy Chief.

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

FOR IMMEDIATE RELEASE
Tuesday, April 4, 2017

Queens Man Convicted of Shooting Two Brownsville Security Guards,
Killing One and Paralyzing the Other, after Invading Nearby Home

Defendant Shot Victims from Behind, Outside of Housing Complex Where They Worked

Acting Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old Queens man has been convicted of second-degree murder, attempted murder, burglary and other charges for shooting two security guards – killing one and paralyzing the other – outside of a housing complex in Brownsville, after invading a nearby home and threatening two other people earlier that morning.

Acting District Attorney Gonzalez said, “Two hardworking young men were the victims of a tragic and unconscionable act of gang-related violence. When the defendant chose to shoot them in broad daylight, one of the men, a father of three, was ripped from his family forever. The other was lucky enough to survive, but his life will never be the same.”

The Acting District Attorney identified the defendant as Antonio Mahon, 22, of Queens, New York. The defendant was convicted yesterday of second-degree murder, second-degree attempted murder, first-degree assault, first-degree burglary, second-degree burglary, two counts of second-degree criminal possession of a weapon, two counts of second-degree assault, criminal possession of a firearm and second-degree menacing following a jury trial before Brooklyn Supreme Court Justice ShawnDya Simpson. The defendant will be sentenced on April 21, 2017, at which time he faces a maximum of 75 years-to-life in prison.

The Acting District Attorney said that, according to trial testimony, on November 28, 2014, at approximately 8:45 a.m., near Rockaway Avenue and Livonia Avenue in Brownsville, Brooklyn, the defendant, a member of the Bloods street gang, was walking down the sidewalk and approached two on-duty security guards employed at the nearby Riverdale Towers housing complex, home to several of the defendant’s rival gang members. The defendant passed the guards, turned around and fired two shots at point-blank range, striking one guard in the head and the other in the back.

The guard who was shot in the head, 30-year-old Aaron Locklear, died five days later, on December 3, 2014 at Brookdale Hospital. The guard shot in the back was treated at Kings County Hospital and is partially paralyzed from the waist down as a result of the shooting.

According to trial testimony, the shootings followed a home invasion and threats the defendant committed nearby earlier that morning. At approximately 2:30 a.m., the defendant chased a man associated with a rival gang into an apartment on Dumont Avenue. The defendant pointed a black and silver handgun at the man’s head and threatened to kill him. Then, shortly before the shootings, at approximately 8:30 a.m., at 330 Bristol Street, video surveillance recorded the defendant pointing a gun at another victim’s head.

A New York City Police Department investigation recovered two shell casings near the crime scene at Riverdale Towers, along with a loaded black and silver .40 caliber pistol in a garbage can less than a block away. Two shell casings were also recovered a block away from 330 Bristol Street. Ballistic analysis determined that all the recovered shell casings had been fired from the recovered pistol.

The defendant was arrested on January 9, 2015 inside a relative’s home in Queens. In a subsequent statement to NYPD detectives, he admitted to shooting two men with a black and silver handgun. He also was identified in a line-up by three witnesses.

The case was investigated by New York City Police Department Detective James Tillman of the 73rd Precinct Detective Squad.

The case was prosecuted by Assistant District Attorney Patrick O’Connor, Deputy Chief of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Nicole Chavis, Bureau Chief.

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