Evan Inlaw, Esq.

Yonkers City Court – 9th Judicial District

YONKERS, NY – December 31, 2014 – Evan Inlaw, Esq., with be sworn to the Yonkers City Court on Friday, January 2, 2015, at 4:00 p.m., at Yonkers City Hall, in the Ceremonial Courtroom on the 4^th Floor. Mr. Inlaw, a Yonkers resident and attorney is the first Democratic African-American judge to be sworn to the bench in Yonkers.

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Consumer Protection umbrella.

The New York Department of State’s Division of Consumer Protection (DCP) today issued tips advising consumers to shop smart this holiday season, and encouraging them to be proactive in fully understanding the terms and conditions of purchases.

“We want to make sure the public is mindful of their purchases and their rights as consumers,” stated Secretary of State Cesar A. Perales. “The New York Department of State’s Division of Consumer Protection has assembled valuable tips that will help make this holiday season less stressful and more rewarding for New Yorkers.”

Last holiday season, the most frequent complaints received by the Division of Consumer Protection included (1) returns/refunds; (2) defective merchandise; (3) incorrect, late, or lost mail orders; (4) gift cards; and (5) cellular/wireless phone purchases.

In response, the Division of Consumer Protection has provided the following tips for shoppers this holiday season:

• Returns and Refunds – The law requires stores to conspicuously post their return and refund policy. Review these terms before making a purchase. Check for any restocking fees or other fees you may be charged for a return. If a store does not post any return policy the store must accept your return within 30 days, and provide the refund in your choice of a cash or credit. However, you must provide the store a receipt or other proof of purchase. In short, keep your receipts!

• Rebates – When buying items that were advertised with a rebate, look for the actual selling price of the item and how the rebate will be returned to you. Keep copies of all correspondence and any documents sent to redeem a rebate, such as the UPC code and proof of purchase. The law requires retailers to advertise truthfully. Retailers cannot use a rebate to hide the actual selling price, unless the advertised price clearly and conspicuously includes the rebate terms and conditions.

• Defective Merchandise – Before you buy, research the product warranties or guarantees, and the store policies to return defective merchandise. Look out for any additional fees you may be charged to correct or return defective merchandise.

• Order and Deliveries – Each holiday season, the Division of Consumer Protection receives numerous complaints about wrong merchandise delivery, late arrival of orders and lost articles. Plan ahead to allow for time to receive your items in time for the holidays. Get tracking information from the retailer and track your purchases online until they arrive. Prior to purchase, read all the shipping and handling, return, and refund policies. Always inspect the merchandise upon delivery. Contact the retailer as soon as possible if you discover a problem and memorialize any communication in writing. Be clear: state the defect or problem, and request a specific response. If the item was damaged during delivery, contact the shipping company immediately. They may owe you repair or replacement costs.

• Gift Cards and Certificates – Gift cards are always popular holiday gifts, but they may lose their value if they are lost or are not redeemed on time. The law requires gift cards/certificates clearly and conspicuously state all terms and conditions on the product, so that consumers are aware prior to purchase. Look for usage restrictions and dormancy fees that can reduce or eliminate the value of the gift. Keep receipts or online confirmation information after buying the gift card. Make a copy of the card or certificate to keep with the receipt in the event the gift is lost or stolen. This information may be helpful to get a replacement. Only buy from reliable sources, some discount auction sites provide opportunities for scam artists to take advantage of consumers.

• Cellular/Wireless –Mobile phones and tablets are very popular gift items during the holidays. Wireless contracts are often long and filled with terms and conditions that effect your wallet. Identify your needs and then research which provider and/or plan will meet them. Consider your options and review the different plans available that are best suited for you and your family. Remember, it is easy to upgrade a plan so initially only obligate yourself to the features you really need. Once you chose a device and plan, and sign a contract, it is legally binding. There are finite time periods before you can change plans or end the contract, and fees often apply.

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Two New York City Party Leaders and Two Elected Officials in the Village of Spring Valley Also Charged in Bribery Schemes

Charges Include Cash Bribes of More Than $100,000 Changing Hands in Connection With Republican Mayoral Ballot, City Council Discretionary Funds, and Spring Valley Development Project

Preet Bharara, the United States Attorney for the Southern District of New York.

United States District Court for the Southern District of New York.

Preet Bharara, United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a Complaint charging New York State Senator Malcolm Smith, New York City Council Member Daniel Halloran, and four others with bribery, extortion, and fraud charges. The charges against the defendants arise from an undercover investigation of three distinct but related bribery schemes involving public corruption. In the first scheme, Smith allegedly arranged for cash bribes totaling $40,000 to be paid to Vincent Tabone and Joseph Savino, two New York City Republican county leaders, as part of an effort by Smith, who is a Democrat, to appear on the Republican primary ballot as a mayoral candidate in the 2013 election. Halloran is alleged to have received approximately $20,500 in cash bribes to act as an intermediary with Tabone and Savino on Smith’s behalf. In the second scheme, Halloran allegedly received approximately $18,300 in cash bribes and $6,500 in straw donor campaign contribution checks in exchange for agreeing to steer up to $80,000 of New York City Council discretionary funding to a company he believed was controlled by those who paid him the bribes. The final scheme involved Noramie Jasmin and Joseph Desmaret, the Mayor and Deputy Mayor of the Village of Spring Valley in Rockland County, and their alleged receipt of financial benefits, including Jasmin’s receipt of a hidden interest in a real estate project and Desmaret’s receipt of approximately $10,500 in cash bribes, in exchange for official acts. All six defendants were arrested this morning and will be presented later today in White Plains federal court before U.S. Magistrate Judge Lisa Margaret Smith.

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Preet Bharara, the United States Attorney for the Southern District of New York.

WHITE PLAINS, NY – December 16, 2014 — Preet Bharara, the United States Attorney for the Southern District of New York, Shantelle P. Kitchen, the Acting Internal Revenue Service Special Agent in Charge of the New York Office – Criminal Investigation (“IRS”), George Venizelos, the Assistant Director-in- Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Christy Romero, the Special Inspector General of the Troubled Asset Relief Program (“SIGTARP”), announced today that Westchester businessman Selim Zherka, 46, of Somers, New York, was indicted by a federal grand jury in White Plains for submitting multiple false loan applications to banks, tax fraud, wire fraud, and witness tampering. Zherka was arrested this morning by agents of the FBI and is expected to be arraigned in federal court in White Plains this afternoon.

Selim “Sammy” Zherka.

U.S. Attorney Bharara stated: “Selim Zherka, while running his various businesses, allegedly engaged in a string of crimes. Zherka, the owner of commercial real estate and other businesses, stands accused of filing multiple false bank loan applications, engaging in tax fraud, and witness tampering. He is also charged with defrauding a businessman of his right to collect a court judgment against Zherka for assault and breach of contract.”

Acting IRS Special Agent in Charge Kitchen stated: “The Internal Revenue Service is committed to ensuring that everyone pays their fair share of taxes. The public should not have to pick up the tab for those who willfully choose to not file correct and accurate returns. IRS- Criminal Investigation investigates individuals who allegedly corruptly violate the tax laws to further their business and personal interests, at the expense of other businesses and individual taxpayers who play by the rules.”

Assistant FBI Director Venizelos stated: “As alleged, Zherka’s entrepreneurship got a little too creative when he began fabricating loan applications, among many other things, and Zherka’s web of deception knew few bounds. Today he finds himself under arrest and on the wrong side of the law.”

Special Inspector General of TARP Christy Romero stated: “Following an extensive criminal investigation by SIGTARP and our law enforcement partners, this morning federal agents apprehended Selim Zherka without incident in Westchester County, New York. Zherka is charged with falsifying information on commercial loan applications submitted to North Fork Bank – later purchased by TARP recipient Capital One – to obtain more than $36.5 million in loans from the bank.”

According to the Indictment, from November 2005 through 2008, Zherka obtained a total of over $146 million in loans from three banks – North Fork Bank (now Capital One), Sovereign Bank (now Santander), and Signature Bank – for the purchase and/or refinancing of apartment house complexes in New England, Tennessee, New Jersey, and New York by lying about the purchase prices of the real estate he was acquiring, the amount of the down payments he was making toward the purchases in question, his assets, his income, his tax returns, and the nature and circumstances of a 2000 court judgment against him for assault and breach of contract (which, to date, he has not paid).

Additionally, the Indictment charges Zherka with engaging in a decade-long tax fraud scheme. The Indictment alleges that Zherka repeatedly submitted fraudulent tax returns to the IRS that overstated depreciation expenses and understated his capital gains on tax returns for the real estate holding companies in which he was a partner and which, in turn, owned the above apartment house complexes, thereby reducing their tax liabilities. The Indictment also charges that Zherka obstructed the Internal Revenue Service by, among other means, failing to file personal tax returns for over a decade.

The Indictment also charges that Zherka schemed to defraud the judgment creditor in connection with the above-referenced 2000 case of that individual’s right to receive payment of the judgment. Zherka had been found liable by a New York State Supreme Court jury in Manhattan for assaulting that individual and for breaching a contract with him.

Finally, the Indictment charges Zherka with tampering with witnesses in this investigation.

*     *     *

If convicted on the charges in the Indictment, Zherka faces the following maximum penalties: for each of the 11 counts of submitting a false loan application with which he is charged, 30 years in prison and a $1 million fine or twice the gross gain or loss resulting from the crime; for the count of wire fraud and the count of witness tampering, 20 years in prison and a $250,000 fine or twice the gross gain or loss resulting from the crime on each count; for the count of conspiracy to obstruct the IRS and violate tax laws, 5 years in prison and a $250,000 fine or twice the gain or loss resulting from the crime; and for each of the 10 counts of making/subscribing to false returns, the 10 counts of aiding/assisting in the preparation of false tax returns, and the count of attempting to interfere with the administration Internal Revenue laws, 3 years in prison and a $250,000 fine or twice the gross gain or loss resulting from the crime. Additionally, he faces potential criminal forfeitures totaling $146 million, restitution, and the costs of prosecution. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant and any forfeiture would be determined by the Court.

Mr. Bharara praised the work of the IRS, the FBI, and the Special Inspector General for the Troubled Asset Relief Program in this investigation.

This case is being handled out of the White Plains Division. Assistant United States Attorneys Elliott B. Jacobson and Perry A. Carbone are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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Mount Vernon Mayor Ernest Davis

Mount Vernon City Hall

MOUNT VERNON, NY and YONKERS, NY – December 15, 2014 – Mount Vernon residents engage legal counsel of Michael J. Khader, P.C. to represent them “concerning alleged violations of the Mount Vernon City Charter by Mayor Ernest Davis”. The assertion is that upon Davis having pleaded guilty to tax related crimes and pursuant to Article IV of the Mount Vernon City Charter,” clearly states:

Article IV: Officers and Elections

 § 25 Penalty for violation of duty.

“Any officer or employee who willfully violates or evades any provision of law, or of this chapter, or by culpable neglect of duty allows any public property to be lost to the City, shall be deemed guilty of a misdemeanor and, in addition to the penalties imposed by law, shall on conviction forfeit his office or employment.”

“Accordingly, it strongly appears that Mayor Ernest Davis became ineligible to serve in the capacity of Mayor of the City of Mount Vernon upon his guilty plea in October 2014. Further it is our understanding that your office is aware of the above provisions and willfully ignored public inquiries / statements at City run public meetings, and possibly official requests, seeking an opinion on this matter, writes Michael J. Khader, Esq.

Khader suggests the Office of Mayor of Mount Vernon, and all other city officials, “have an obligation and fiduciary duty to uphold and enforce the U.S. Constitution, New York State Constitution, and Charter of the City of Mount Vernon.” Counsel suggests the “question regarding the eligibility of Ernest Davis to continue as Mayor of Mount Vernon is one that must be answered.”

A response is requested so as to explore and ascertain all remedies to enforce the City Charter.

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New York State Inspector General Catherine Leahy Scott.

ALBANY, NY – December 13, 2014 — New York State Inspector General Catherine Leahy Scott on Friday, December 12, 2014 released a report, which found that a contractor hired by the New York State Division of Criminal Justice Services (DCJS), working at the New York State Police Forensic Investigation Center (FIC) intentionally made inaccurate entries in his laboratory notes regarding the results of a firearms analysis of a criminal case.  The Inspector General and State Police, however, found that the contractor’s misconduct did not affect the outcome of the criminal case because it was discovered prior to a report being issued and disclosed to all parties involved in the criminal case, including the defendant.

New York State I.G. Catherine Leahy Scott’s purview.

Inspector General Scott found that the contractor analyzed a test fire casing provided by the submitting police agency and determined that it did not match either the crime scene evidence or test fire casings generated by the State Police.  Despite this finding, the contractor falsely entered into his laboratory notes that he had only inventoried and did not examine the police agency submitted test fire casing.  The contractor’s conduct violated State Police policy requiring the results of all examinations to be accurately and completely recorded.  The Inspector General further found that the contractor’s motive for this action was to avoid adversely affecting the prosecution’s case.

“Forensic scientists have a professional and ethical responsibility to completely and accurately report all of their findings regardless of the consequences,” said Inspector General Scott.  “This individual failed to uphold that responsibility – and even more troubling was his motive to protect the prosecution’s case in this matter.  Such misconduct undermines the faith and credibility of forensic science and the criminal justice system. Fortunately it was discovered and he was held accountable for his actions.”

The Inspector General determined that the State Police and DCJS took prompt and appropriate action concerning the contractor’s misconduct, which resulted in the termination of his contract.  The State Police discovered the discrepancy prior to an official report being issued, and referred the matter to Inspector General Scott.  The State Police thoroughly reexamined the evidence in the case to ensure the integrity of the investigation and issued a report, which properly included the full results of its firearms analysis.  The contractor had not drafted any other case reports during his brief time as a consultant in the Forensic Investigation Center.  In addition, the State Police retained an outside laboratory to reanalyze cases handled by the contractor during his previous employment as a State Police firearms examiner.  The outside laboratory found no instances of misidentification or incorrect elimination.

As a result of the Inspector General’s investigation, the State Police have fully rewritten their procedures relating to firearms evidence analysis and reinstructed staff to ensure compliance with recording and reporting requirements.

Forensic labs in New York State are subject to accreditation requirements established by the Forensic Commission and must be accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB). Pursuant to federal law, the New York State Inspector General’s Office is designated to conduct independent investigations into allegations of serious negligence or misconduct affecting the integrity of crime labs in New York State.

The Inspector General has referred her findings to the New York State Attorney General’s Office.

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Federal Bureau of Investigation

NEW YORK, NY and YONKERS, NY — December 11, 2014 — The FBI and the Yonkers Police Department are seeking the public’s assistance in identifying the whereabouts of two members of a violent Yonkers street gang wanted on various federal charges to include firearms and narcotics offenses.

According to the allegations in the superseding indictment unsealed on December 10, 2014, in White Plains federal court, Ronnie King and Chris Grebinger are members of the “Grimy Motherfuckers” (“GMF”), a violent criminal enterprise operating in and around the Schlobohm Housing Projects in Yonkers, New York.

Ronnie King, aka “Banga,” date of birth 09/15/1992, is described as a black male, 5’10” tall, 170 lbs, with black hair and brown eyes, and a tattoo on the right side of his neck.

Chris Grebinger, aka “Briscoe” and “Bang Boogs,” date of birth 06/26/1986, is described as a Hispanic male, 6’5” tall, 170 lbs, with brown hair and brown eyes.

Anyone with information as to the whereabouts of King and Grebinger is urged to contact law enforcement immediately. The FBI can be reached 24 hours a day at 212-384-1000. Tipsters may remain anonymous.

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Westchester County District Attorney Janet DiFiore.

WHITE PLAINS, NY – December 11, 2014 — Westchester County District Attorney Janet DiFiore announced today that a total of 5 individuals have pled guilty as a result of a multi-agency, multi jurisdictional takedown of a major narcotics trafficking ring that operated in the Hudson Valley and New York City.

“Law enforcement from all levels, federal, state and local, collaborated in a multi-jurisdictional effort that stretched from New York City to the Hudson Valley. This coordinated effort resulted in the takedown of a major narcotics trafficking operation resulting in long prison sentences for its leaders. Our efforts were a model of collaborative law enforcement and its results,” said Westchester County District Attorney Janet DiFiore.

Between November 25^th, 2014 and December 11^th, 2014:

• Juan Nieto (DOB 3/21/83) of 452 Olmstead Avenue and 2310 Holland Avenue, Bronx, New York;
• Jason “J-Hova” Nieto (DOB 11/30/84) of 104 Patmor Avenue, Yonkers, New York;
• Louis Crespo, (DOB 2/6/83) of 12 New Place, Yonkers, New York;
• Michael “EZ” Figueroa (DOB 5/5/85) of 2323 Walton Avenue, Bronx, New York;
• Braulio Rosa (DOB 4/15/81) of Easton, Pennsylvania,

all pled guilty to:

• one count of Attempted Conspiracy in the 2nd Degree, a class “C” Felony,

Juan Nieto, Michael Figueroa, Braulio Rosa and Louis Crespo also pled guilty to:

• one count of Criminal Possession of a Controlled Substance in the 3rd Degree, a class “B” Felony,

Jason Nieto also pled guilty to:

• one count of Criminal Sale of a Controlled Substance in the 3rd Degree, a class “B” Felony.

Sentencings will be on January 27^th, 2015.

On May 8, 2014, over 250 investigators, police officers and special agents from the Westchester County District Attorney’s office, the US Attorney’s Office for the Southern District of New York, the FBI, New York State Police, Greenburgh Drug and Alcohol Task Force, ICE-Homeland Security Investigations, Yonkers Police, Village of Ardsley Police, NYPD and the DEA were involved in the arrests

The arrests were the result of a nine month long investigation that involved electronic surveillance, undercover buys, pole cameras and GPS devices attached to some of the subjects’ vehicles that culminated in the execution of 11 search warrants issued in New York State Supreme Court and approximately 20 federal search warrants.

As a result of the search warrants or throughout the investigation, police seized approximately $1.5 million in cash (drug proceeds), 6.5 kilograms of cocaine, over 40 pounds of marijuana, 10 guns and several vehicles.

Assistant District Attorney Thomas Luzio, Chief of the Narcotics Bureau and Assistant District Attorney Craig Cecchini of the Narcotics Bureau are prosecuting the case.

The post Guilty Pleas In Major Narcotics Trafficking Ring appeared first on Yonkers Tribune.

Preet Bharara, the United States Attorney for the Southern District of New York.

United States District Court for the Southern District of New York.

WHITE PLAINS, NY and YONKERS, NY – December 10, 2014 — Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Charles Gardner, the Commissioner of the Yonkers Police Department, announced today the unsealing of a Superseding Indictment charging 13 members and associates of a Yonkers-based street gang, the “Grimy Motherfuckers” (“GMF”), with racketeering, violent crimes, narcotics conspiracy, and firearms offenses.  The original Indictment, filed in July 2014, alleged that GMF operated as a Racketeer Influenced and Corrupt Organization (RICO) and charged three GMF affiliates with offenses related to the murder of Tyrone Arthur on December 27, 2013.  Today’s Superseding Indictment charges 10 additional GMF members and associates (as well as the three defendants previously charged) with a variety of crimes, including charges related to the March 27, 2010, maiming of a rival gang member.

Eleven of the 13 defendants charged in the Superseding Indictment unsealed today were arrested today or have previously been taken into custody.  The defendants arrested today were presented in White Plains federal court this afternoon.  The case is assigned to U.S. District Judge Cathy Seibel.

U.S. Attorney Preet Bharara stated:  “As alleged, this Yonkers-based gang plagued the community of the Schlobohm Housing Projects with drug dealing and lethal violence.  With today’s Indictment and arrests, we are another step closer to making the streets and citizens in this neighborhood safer.”

FBI Assistant Director-in-Charge George Venizelos stated:  “As alleged, this investigation targeted violent individuals who used murder, threats and intimidation to further their criminal agenda.  The charges demonstrate our continued effort to work closely with our law enforcement partners to strike at gang-related criminal enterprises and to eliminate the terror these groups inflict on our communities.  Dismantling violent gangs remains a priority for the FBI.”

Yonkers Police Commissioner Charles Gardner stated:  “Once again we have worked with our federal partners the FBI and the US Attorney’s Office for the Southern District of NY to target violent gang members who choose to do business here in Yonkers.  These particular suspects failed to recognize our determination in ridding our community of violence.  They will now be held accountable for their actions and I would like to thank all of the investigators who were involved in this morning’s arrests.”

According to the allegations in the Superseding Indictment and other documents in the public record:

From at least 2008 through 2014, the GMF has been a criminal enterprise operating in and around the Schlobohm Housing Projects in Yonkers, New York.  At its inception, GMF was aligned with the Strip Boyz, a different street gang that was likewise based in the Schlobohm Housing Project in Yonkers and was made up of members one generation older than most GMF members.  GMF and the Strip Boyz controlled crack cocaine and marijuana sales in and around the Schlobohm Housing Project and were allied in disputes with rival gang members, including members of the Cliff Street Gangsters and the Elm Street Wolves, two gangs from the east side of Nepperhan Avenue in Yonkers.  In late June and early July 2012, law enforcement authorities arrested 20 members of the Strip Boyz on charges of narcotics distribution and/or firearm offenses in a federal case captioned United States v. Mark David, S1 12 Cr. 214 (ER).  All 20 defendants have pled guilty in connection with those charges.

The 2012 arrests of the Strip Boyz left GMF the dominant gang in the area around the Schlobohm Housing Project, and GMF members have continued to engage in acts of violence and intimidation to preserve their dominance of the Schlobohm Housing Project and the surrounding areas that they previously shared with the Strip Boyz.  In order to protect their territory and enhance the reputation of the gang, GMF members have committed numerous acts of violence, including murder, attempted murders, stabbings, and assaults.

*               *               *

The 10-count Superseding Indictment, United States v. Da’Quan Johnson, et al., charges Da’Quan Johnson, James Johnson, Kenneth Moore, Jameke Brown, Daquan Couch, Darin Fields, Anthony Ford, Floyd Gilham, Christopher Grebinger, Ronnie King, Gerald Martin, James McCallum, and Wilbur Randolph with conspiring to violate the RICO statute and with using, carrying, possessing, and discharging firearms during and in relation to their participation in the conspiracy.   As in the initial Indictment, Da’Quan Johnson and Moore are also charged with racketeering murder, conspiracy to commit the same, and a firearms offense in connection with the December 27, 2013, shooting death of Tyrone Arthur.  James Johnson is charged with serving as an accessory after the fact to the December 27, 2013, murder and with attempted murder, maiming, and a firearms offense in connection with the March 27, 2010, shooting of a rival gang member that left the victim paralyzed.  Defendants Da’Quan Johnson, James Johnson, Brown, Couch, Gilham, King, McCallum, and Randolph are also charged with conspiring to distribute marijuana.

Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the FBI’s Westchester Violent Crimes Task Force, which comprises agents and detectives of the FBI, Homeland Security Investigations, the City of Yonkers Police Department, the Westchester County Police, and the Westchester County District Attorney’s Office.  He also thanked the Westchester County District Attorney’s Office.  He added that the investigation is continuing.

The prosecution is being handled by the Office’s White Plains Division.  Assistant U.S. Attorneys Scott Hartman and Douglas Zolkind are in charge of the prosecution.

The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

The post Thirteen Members and Associates of Violent Yonkers Street Gang Charged in White Plains Federal Court with Racketeering, Violent Crimes, Narcotics Conspiracy, and Firearms Offenses appeared first on Yonkers Tribune.