Bradley Pleads Not Guilty to Contempt Charge Free on Bail.

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WPCNR WHITE PLAINS LAW JOURNAL. November 22, 2011 UPDATED NOVEMBER 23, 2011:


Adam Bradley, former Mayor of White Plains who resigned in February of this year, after being convicted in December, 2010 of attempted assault on his wife, Fumiko Bradley appeared in City Court Wednesday and pled not guilty to a charge of contempt of court in the second degree for violating his probation conditions where he was instructed not to contact his wife. City Judge Brian Hansbury allowed Bradley to stay free on bail in his own recognizance until his return date of December 12. 


Bradley allegedly called his wife four times by contacting her, he said accidentally with his cellphone which dialed his wife inadvertently.


The specific complaint refers to only one call on November 12. The District Attorney’s Office asked Bradley be held on $10,000 bail until his next court appearance,December 13.


Bradley turned himself last Friday evening at 7  P.M.at White Plains Police Headquarters after his whereabouts was unknown throughout Friday, sparking two White Plains police searches (authorized by court-obtained search warrants) of premises of acquaintances Bradley knows, in hopes that Bradley was there.

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City Schedules Meeting at 6 PM on Eve of Holiday Getaway: FASNY on Tap

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WPCNR CITY HALL CIRCUIT. November 21, 2011:


The city has announced a Special Meeting of the Common Council to discuss Resident Parking Permits;  Water Rates and the controversial French American School of New York Scoping Document regarding issues to be considered as part of the Environmental Review of the school plan to build a 7-building campus on the grounds of the former defunct Ridgeway Country Club.


The meeting will be held in City Hall, Mayor’s Conference Room at 6 P.M. Tuesday evening — the night before the busiest travel day of the year. The Agenda: 1. Resident Parking Permits; 2. Water Rates; 3. FASNY Scoping Document.


 

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Madoff Senior Trader Pleads Guilty to Making Fake Trades

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WPCNR FBI WIRE. Special to WPCNR From the Federal Bureau of Investigation. November 21, 2011:


David L. Kugel, a former senior trader in the Market Making and Proprietary Trading operations of Bernard L. Madoff Investment Securities LLC (BLMIS), pleaded guilty today in Manhattan federal court to a six-count superseding information related to his conduct while employed at BLMIS, announced Preet Bharara, the U.S. Attorney for the Southern District of New York.


Kugel admitted that, beginning in the early 1970s, he helped create fake, backdated trades for the purpose of defrauding BLMIS’s investment advisory (IA) clients. Kugel pleaded guilty Monday before U.S. District Judge Laura Taylor Swain to two counts of conspiracy, as well as substantive counts of securities fraud, falsifying books and records of a broker-dealer, falsifying books and records of an investment adviser, and bank fraud. In addition to pleading guilty, Kugel agreed to cooperate with the government in its ongoing investigation of the fraud that occurred at BLMIS.


According to the superseding Information, plea agreement and other documents filed in connection with the case:


Kugel was employed at BLMIS from 1970 through Dec. 11, 2008. Beginning in 1970, Kugel was a trader in BLMIS’s Proprietary Trading and Market Making operations. In the late 1990s, he assumed a managerial position on the trading floor and later took on the role of “trading floor compliance analyst.”


From the 1970s through the collapse of BLMIS, Kugel provided historical trade information to other BLMIS employees, including Annette Bongiorno and Joann Crupi, which allegedly enabled them to create fake trades. Beginning in the early 1970s, Kugel provided certain historical information to Bongiorno so that she could select particular stocks and purchase prices to be used for each IA client, in order to meet the rate of return pre-determined by Bernard Madoff for that client.


The information that Kugel provided included stock names; the buy and sell dates of potential trades; as well as the historical price ranges of those stocks for the respective dates that Bongiorno could allegedly use to make a profit. Kugel’s information often mimicked trades previously executed in connection with BLMIS’s proprietary trading operation.


Beginning in the early 1990s, Kugel similarly provided Crupi with historical price information to enable her to allegedly create false, backdated trades for IA clients. These false, backdated trades were used to defraud IA clients because, when included on their account statements and trade confirmations, they gave the appearance of profitable trading when none, in fact, had occurred.


In addition, Kugel, and allegedly Crupi and others, defrauded numerous banks by using false financial information to obtain loans. On multiple occasions, Kugel and allegedly Crupi, submitted false and misleading information to banks concerning Kugel’s assets and the assets of others, in order to obtain loans for the purchase and construction of homes. With the assistance of Crupi and others, Kugel obtained multiple million-dollar loans based on the submission of this fraudulent information.


Kugel, 66, faces a total statutory maximum sentence of 85 years in prison. A chart identifying the maximum penalties for each of the charged offenses is attached to this release.


Kugel is also subject to mandatory restitution and criminal forfeiture and faces criminal fines up to twice the gross gain or loss derived from the offense. According to the agreements entered into with the government, Kugel has agreed to forfeiture of more than $170 billion, including his interests in homes, a luxury car, various accounts at financial institutions and other specific assets. The net proceeds from the sale of the forfeited property will be used to compensate victims of the fraud, consistent with applicable Department of Justice regulations.


Following the guilty plea, Judge Swain released Kugel on a $3 million bond on the condition that the bond be co-signed by six financially responsible individuals and secured by $900,000 in cash and property. In addition, Kugel’s travel is restricted to the Southern and Eastern Districts of New York and the District of New Jersey. He will be subject to strict pretrial supervision. Kugel has surrendered his passport.


Judge Swain set a sentencing date for Kugel of May 4, 2012, at 11:00 a.m.


Charges against Bongiorno and Crupi remain pending and are merely accusations. They are presumed innocent unless and until proven guilty.


Mr. Bharara praised the investigative work of the FBI. He also thanked the U.S. Securities and Exchange Commission for its assistance.


 


The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Lisa A. Baroni, Julian J. Moore, Arlo Devlin-Brown, Barbara A. Ward and Matthew L. Schwartz are in charge of the prosecution.


United States v. David L. Kugel, S4 10 Cr. 228 (LTS)
































COUNT


CHARGE


MAXIMUM PENALTIES


1


Conspiracy to (1) Commit Securities Fraud; (2) Falsify Books and Records of a Broker-Dealer; and (3) Falsify Books and Records of an Investment Adviser


Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


2


Conspiracy to Commit Bank Fraud


Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


3


Securities Fraud


20 years in prison; three years of supervised release; fine of the greatest of $5,000,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


4


 


Falsifying Books and Records of a Broker-Dealer


20 years in prison; three years of supervised release; fine of the greatest of $5,000,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


5


Falsifying Books and Records of an Investment Adviser


Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


6


Bank Fraud


30 years in prison; five years of supervised release; fine of the greatest of $1,000,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.









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Union Leaders Protest Cutbacks at Westchester Medical Center

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WPCNR COUNTY CLARION-LEDGER. Special to WPCNR from Nancy King, County Roving Correspondent. November 21, 2011:


Members of the New York State Nurses Association and members of CSEA local 9201 staged a demonstration Monday on the grounds of the Westchester Medical Center.   Union leaders state that they are fed up with hospital CEO Michael Israel and claim that over the past several years, he has quietly cut many of the vital services that the hospital once provided.  These cuts have included the Taylor Care Facility that once housed long term and rehabilitative care.  Most recently, Israel and the board eliminated the Comprehensive Psychiatric Emergency Program, a mobile mental health crisis unit that responded to the community with first responders. 


According to NYSNA President Sam Caquias, the Medical Center intends to lay off as many as 250 nurses and is intending to bring in nurses from private agencies to provide basic patient care.  These “traveling” nurses require no fringe benefits and work at a reduced pay rate.   The nursing staff is already countering that there are too few nurses on staff and that patient care is currently being compromised by a bare bones staff.


Also joining in today’s demonstration were members of CSEA local 9201.  These employees range from ancillary medical staff, facilities engineers and clerical help.   At stake for this local are approximately 350 jobs.  John Staino, President of Westchester County CSEA states that:


“We have top-heavy, over-paid administration making all of these decisions at WMC without any oversight or transparency. At one time, the elected county Board of Legislators had some oversight but we’re now faced with hospital board that seems made up largely by pre-selected insiders who rubber stamp everything that Michael Israel wants.”


Both unions are in the process of negotiating new contracts with the Westchester Medical Center.  Both unions have been asked to contribute heavily to their health and pension benefits.  Currently, both unions do not contribute to their health care benefits. 


 At the time of the demonstration which included two large blow up rats, both union officials claimed that Mr. Israel has claimed that there will be massive layoffs even if those budgetary concessions are made. 


Despite a large police presence from the Westchester County Police Department, demonstrators were orderly if not spirited as they marched around the large oval just outside the emergency room. 


No matter what, 2011 and 2012 will prove to be a difficult year for union members here in Westchester County.  Earlier this month, County Executive Rob Astorino laid out his prospective budget that includes the layoffs of 250 county union employees.  He as well as hospital administrators claim that even if concessions are made, layoffs are likely. 

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Mayor Joseph Delfino’s wife passes away.

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WPCNR MILESTONES. November 20, 2011:



Elvira  Delfino


1933-2011


WPCNR has been informed by a spokesperson for McMahon, Lynon & Hartnett Funeral Home in White Plains that Elvira A. Delfino,78, wife of former White Plains Mayor Joseph Delfino for fifty-eight years has died.


She died in White Plains Hospital Medical Center today after a long illness. She was born November 27, 1933. She and Mr. Delfino were married in 1953. Mrs. Delfino is survived by her husband and two children, a son, Joseph, and a daughter Cynthia Rubino, and her husband, John.


Elli was born on November 27, 1932, to Paul and Emily Trapp of Elmsford and spent most of her life in White Plains .After graduation from Alexander Hamilton High School she worked for many years as an administrator at several of Westchester’s corporate headquarters.



In 1953 she married former White Plains Mayor Joseph Delfino. She was a great support to him in his work to make White Plains the great city that it is today. She is survived by her son Joseph and daughter Cynthia Rubino and her husband John. Elli was known for her kindness and generous spirit. An accomplished floral arranger and crafter, she made others smile through her work.


A wake for Mrs. Delfino will be held Monday evening from 5  to 9 P.M. at the McMahon Lyon & Hartnett funeral home in White Plains, and Tuesday afternoon from 3 to 9 P.M. A mass will be held 10 A.M. Wednesday at St. Anthony of Padua church, West Harrison. Interment will be at Mount Calvary Cemetary.


For more details visit http://mcmahonfh.frontrunnerpro.com/runtime/70664/runtime.php?SiteId=70664&NavigatorId=269034&op=moreinfo&viewOpt=dpaneOnly&ItemId=1039357


 

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Man Theatening Police Officers with Hatchet, Butcher Knife at Winbrook Shot,Dies

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WPCNR POLICE GAZETTE. By John F. Bailey. November 19, 2011 (Updated 3:47 P.M. E.S.T.: 


 A Winbrook resident died after receiving two gunshot wounds fired by a White Plains Police officer responding with about 5 or 6 other officers to a call for help via a Lifeline service at 135 South Lexington Avenue  in White Plains Saturday morning.


Commissioner of Public Safety David Chong announced the shooting this morning at a news conference at police headquarters. A full investigation of the incident is now under way, the Commissioner said.


“Hearing screams inside,” the officers, Chong said, attempted to breach the locked metal door.


After police succeeded  in breaching the locked door,they discovered a second lock on the interior. The individual inside, identified as Kenneth Chamberlin, 68, (Chong said), swung a hatchet through the opening of the door at the police officers attempting to breach the second lock keeping the lock from opening. 


A police officer succeeded in taking the hatchet out of Mr. Chamberlin’s hand and police were able to breach the second lock.


Chamberlin, Chong said, in a sequence that took up “only a matter of seconds,” approached officers with a butcher knife in his hand, as they entered the apartment after breaching the second lock. 


Police, Chong said, discharged a Taser to attempt to calm the individual, but the taser had no effect on him.


A non-lethal bean bag shotgun discharge (discharging four bean bags at once), was next discharged by police to attempt to subdue Mr. Chamberlin still armed with the butcher knife but “it (the bean bag blast) had no effect,” Chong reported.


Despite this Mr.Chamerlin persisted, Chong said


Chamberlin closed in close proximity with a butcher knife to one of the police officers Chong said who discharged two rounds from his service revolver striking Mr. Chamberlin. Chong noted this was “very close quarters” in which the action was taking place.


(Editor’s note, added to first report of this incident after reviewing reporter notes: After Mr. Chamberlin was shot, while first aid was being attempted, Mr. Chamberlin attempted to slash his own throat with the butcher knife. Toxology reports will be checked after an autopsy by the medical examiner.)


Chamberlin was given first aid at the scene by EMS workers, Chong said, he was taken to White Plains Hospital where Chamberlin died at  7:09 A.M.


The police officer, an eight-year veteran of the White Plains Police Department is being treated for chest pains and trauma at White Plains Hospital, as are two other police officers who responded.


White Plains Housing Authority Executive Director Mack Carter (appearing at the news conference)which manages the 135 South Lexington Building told WPCNR,  federal law prohibits denying any potential tenant residency due to personal conditions. Carter did say the only condition in which the Housing Authority could deny residency to a potential tenant was if the applicant had a criminal record within the last five years.


Commissioner Chong said in the news conference that Mr. Chamberlin, the deceased, was “known to the police.” Mr. Chong declined to tell WPCNR what the police “knew” of the deceased.

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Adam Bradley Turns Self In to Police. Charged. Released in His Own Recognizance

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WPCNR POLICE GAZETTE. Special to WPCNR. November 18, 2011:


Former Mayor Adam Bradley has turned himself in at White Plains Police Headquarters Friday evening for alleged violations of his probation terms when he was sentenced for being convicted of Attempted Assault of his wife in December 2010.


Bradley reportedly had contacted his former wife four times by phone in violation of his probation arrangements.


Commissioner of Public Safety David Chong issued this statement to WPCNR:


“Former Mayor Adam Bradley was charged tonight at approximately 7 PM at Police  Headquarters with Criminal Contempt 2 a Misdemeanor.  He was booked in the  company of his attorney, arraigned, before White Plains City Judge Eric Preiss,  and Released on his own recognizance.”

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City Releases Costs of Bengal Tiger Parking Lot. $100,000 per Space.

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WPCNR CITY CIRCUIT. Special to WPNCR from the Mayor’s Office.  November 18, 2011:


The Mayor’s Office has released the costs involved in purchasing and constructing the new Bengal Tiger parking lot at Court Street and East Post Road, to confirm WPCNR’s report stated the cost to be $1.1 Million for land acquisition of the site from the Bengal Tiger owners and $550,000 for construction, for a cost of $91,666 per parking space.


However the cost is actually $100,000 per parking space, according to the Mayor’s Office. Karen Pasquale, Senior Advisor to Mayor Tom Roach furnished the details today:


“Regarding the East Post Road parking lot, the property was acquired for $1,400,000 (approved by the Common Council on December 6, 2010)(Editor’s note during the Adam Bradley administration) and construction costs were approximately $400,000.

 

This included LED lighting for the lot, multi-space meters, landscaping, new sidewalk, curbing, curb cuts on the two adjacent streets, relocation of the existing bus stop, state-of-the-art storm water treatment system, connection ramp to the existing Court Street lot (not anticipated in the original cost estimates), etc. Some of these were general improvements to the public right-of-way which were done in conjunction with the lot to take advantage of the economies of scale. As you know, the lot is now open and providing a needed service to nearby businesses.

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Adam Bradley May Turn Himself in to WP Police for Violating Probation

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WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Nancy King. November 17, 2011 UPDATED 12:20 A.M.November 18, 2011 UPDATED 2:20 P.M. E.S.T. UPDATED 4:15 P.M. E.S.T.  UPDATED 4:35 P.M. E.S.T.:


Nancy King reported Thursday evening that Adam Bradley, after appearing before Judge Susan Capeche Thursday afternoon, may turn himself in to White Plains police Friday morning at for alleged violations of his terms of probation.


Since her report, four hours later WPCNR has learned from Mr. Bradley that his coming to the White Plains Police Department may or may not take place depending on how the matter is handled Friday morning by the White Plains Police. Adam Bradley, speaking to WPCNR at midnight, when asked would neither confirm nor deny that he was committed to go in to the police Friday.


Lucien Chalfen, spokesman for the Westchester District Attorney advised WPCNR Friday afternoon at 4:30 P.M., that at the present time, whether or not Adam Bradley is arrested is up to the White Plains Police. He said he had no knowledge of whether Family Court has asked for Mr. Bradley to be investigated for violating the terms of his probation. He said it is up to the White Plains Police to make the investigation 


As of 2:30 P.M., asked for an update on the Adam Bradley situation, Commissioner Chong wrote in a statement,


“Not yet, probably later.”


Commissioner of Public Safety David Chong issued this statement to WPCNR Friday morning:


“As of this writing 0850 AM Friday, the Police Department has not received formal charges, instructions or requests from the District Attorney or the Court to pick up Mr. Bradley.

The Court could, within its own right, ask Mr. Bradley to appear to face any violations of existing court orders or conditions of probation and so could the Department of Probation.

The police would be involved if and when there were any new charges filed or if Mr. Bradley failed to appear as ordered in court. “


Mr. Bradley was convicted December 9,2010 of attempted assault, contempt, and three charges of harassment involving his wife. Mr. Bradley was also subject to an order of protection prohibiting him from seeing his wife, Fumiko Bradley for five years, subject to modification for custody and visitation purposes.


King reported Thursday evening that Bradley was reported by his wife, Fumiko Bradley as having called her by cellphone three times, a violation of  Bradley’s term of probation. King reports that Bradley said the calls  were made on his cellphone three times in a short period of time and were accidental while exercising. King says that Bradley may face 60 to 90 days in jail.


Mr. Bradley, Mayor of White Plains from January 2010 to February 2011, when he resigned after being convicted of attempted assault on his wife among other charges, was under probation terms forbidding him any contact with his wife.


King says that Fumiko Bradley reported the calls being made to her.

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Bengal Tiger Lot Opens.

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WPCNR CITY CIRCUIT. November 17, 2011:


Mayor Thomas Roach, Councilwoman Beth Smayda and Council President Benjamin Boykin officially opened a new parking lot at the corner of East Post Road and Court Street today just off Mamaroneneck Avenue. The new facility was created on the site of the Bengal Tiger fire that took place in July, 2010, that gutted half a city block. 


 



Bengal Tiger Lot Opens


Mayor Roach said that for now the lot would remain a parking lot, and would not say whether negotiations were taking place between the city and the owners of the vacant building between the new lot and the Court Street city municipal lot. Asked if the building being in the Urban Renewal Area might be acquired by eminent domain, Roach said there were a lot of things the city could do, but did not commit to saying the city wanted to acquire the building.



Council President Benjamin Boykin (L), Mayor Thomas Roach, and Councilwoman Beth Smayda open up the Court Street/East Post Road Lot


At the time when the lot was acquired from the former owners of the Bengal Tiger for $1.1 Million, the city stated that the lot was acquired to prevent a similar situation to that of the old railroad station which for years was known as a “the hole in the ground.”


The city needed parking in that area, Roach said today, and that was why the lot was converted into a parking lot. WPCNR awaits the exact cost of the lot construction from city hall. WPCNR recalls the construction cost to be estimated at $550,000. If that is correct, the cost of the 18 spaces per space (including purchase of the land) is about $91,666.



First Parkers arrive 11:05 A.M.


The lot has 18 parking spaces, (1 handicapped space), and connects with the Court Street lot, making it accessible two ways. Multi-space meter parking is in use in the new lot, and the Court Street lot will be converted to multi-space meters in the future.



New Lot has a cut through to access Court Street Municipal Lot.


 

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