Yonkers Bus Company Owner Pleads Guilty to Participating in False Bus Route Scheme

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 WPCNR WHITE PLAINS LAW JOURNAL. From the Westchester County District Attorney. October 29, 2016:

Acting Westchester County District Attorney James A. McCarty announced today that William Ahern (DOB 05/01/56) of 28 High Street, Armonk, New York pled guilty as charged to all counts against him, namely:

  • one count Grand Larceny in the Second Degree, a class “C” Felony,
  • one count of Rewarding Official Misconduct in the Second Degree, a class “E” Felony.

The defendant as part of his plea must return in restitution $179,203 on the day of his sentence.

Over the period of nearly two years, between September 24, 2012 and April 11, 2014, Ahern, the owner of A Plus Transportation, located at 57 Alexander Street in Yonkers, while aiding and abetting and acting in concert, with co-defendant Anna Sollozzo, Transportation Supervisor for the City of Yonkers Board of Education, allegedly stole approximately $313,825 from the City of Yonkers for bus services that were never provided for the Nepperhan Community Center.

The defendant created a false bus route by invoicing bus pickups at the Nepperhan Community Center, when in fact no buses ever were dispatched.

Ahern then would submit these false invoices for the services that were never provided to Sollozzo who would knowingly approve these invoices for payment, notwithstanding the fact that these services were never provided.

During this same time period, Ahern was secretly depositing monies into Sollozzo’s personal bank account totaling $107,250.

A Plus Transportation had contracts for bus services with the City of Yonkers totaling approximately $2,805,612 for the period from September 24, 2012 through February 7, 2014.

Sollozzo, who was a Yonkers City public servant, in turn approved invoices for the buses that were intended to be provided for the Nepperhan Community Center, with full knowledge that the bus services were never provided by A Plus Transportation.

In addition, Sollozzo, from March 8, 2011 to April 14, 2014 neglected to remit a total of $282,398 to New York State Income Tax.

The fraud came to light as the Yonkers Inspector General was investigating an unrelated complaint.

Sentencing for Ahern will be on February 16, 2017.

He faces a maximum of fifteen years in prison.

Anna Sollozzo (DOB 05/06/62) of 101 Highland Avenue, Yonkers, New York after having previously pled guilty to:

  • one count Grand Larceny in the Second Degree, a class “C” Felony and
  • one count of Criminal Tax Fraud in the Third Degree, a class “D” Felony, was sentenced on June 1, 2016 to two to six years in state prison where she is currently remanded.

Assistant District Attorney Stephen Ronco of the Public Integrity Bureau and Assistant District Attorney Brian Conway, Deputy Chief of the Public Integrity Bureau are prosecuting the case.

 

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Taste of Westchester Benefitting Cerebral Palsy of Westchester November 7

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WPCNR MAIN STREET JOURNAL From Cerebral Palsy of Westchester. October 29, 2016:

Join Cerebral Palsy of Westchester for A Taste of Westchester; A Food and Wine Tasting Event that will feature over 25 of the area’s finest restaurants & top chefs noted for their cuisine as well as a worldly selection of wine, beer and spirits from different beverage establishments. The event will take place at the Renaissance Westchester Hotel in West Harrison, NY on Monday, November 7 2016 at 6:15pm.

Chefs from Hive Living Room + Bar and Crabtree’s Kittle House Restaurant & Inn will be hosting a cooking demonstration and Aries Wine & Spirits will be hosting a wine and food pairing at their table for all event attendees. 

Participants include: Albanese’s Chocolate Fantasies • Angelina’s Ristorante • Antipasti diNapoli at The Briarcliff Manor • Antonees Gourmet Catering, Inc. • Aries Wine and Spirits BLT Steak • Blue Moon Mexican Café • Captain Lawrence Brewing Company •Chocolations Coffee Labs • Crabtree’s Kittle House Restaurant & Inn • Don Coqui • Emma’s Ale House — EQUUS Restaurant • Grapes and Greens • Greenwich Cheese Company • Hive Living Room Bar • Longford’s Own-Made Ice Cream • Lulu Cake Boutique • Mionetto USA • Nestor NoMa Social • Opici • Polar Beverage • Quenas Restaurant • Quintessential • Texas De Brazil –The Gourmet Taste Catering • The Olde Stone Mill • Van Gogh • Walter’s Hot Dogs • Wine Worldwide • Zero Otto Nove

All of the proceeds from this event will benefit CPW’s mission to ensure that children and adults with
disabilities receive need services and enjoy activities regardless of the level of their abilities.

 All of the proceeds from this event will benefit CPW’s mission to ensure that children and adults with disabilities receive need services and enjoy activities regardless of the level of their abilities.

Ways to Participate:
Tickets can be purchased at https://www.ticketriver.com/event/20435
Prices: $125 per person

 

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WHITE PLAINS WEEK THE OCT. 28 PROGRAM ON YOUTUBE AND www.whiteplainsweek.com NOW

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WHITE PLAINS WEEK FOR OCTOBER 28

PETER KATZ, JOHN BAILEY, JIM BENEROFE

WORLDWIDE NOW

RKOTower

ON

THE LIBRARY GALA–ITS ROLE IN WHITE PLAINS EDUCATION FOR THE FUTURE

FRANK BRUNI ON WHAT’S WRONG WITH TODAY’S COLLEGE STUDENTS.

THE FINAL EPISODE OF TRUMP TODAY AND HILLARY AND FRIENDS–THE FINAL SCARY WEEK.

THE JOURNAL NEWS DOWNSIZES AGAIN–BIG HOUSEHOLD NAME REPORTERS LET GO — WHY?

THE REASON 1 MILLION APPLICANTS FOR CITIZENSHIP WON’T BE ABLE TO VOTE IN THE NOV. 8 ELECTION.

THE HUDSON VALLEY PET FOOD PANTRY CELEBRATES ITS 5TH ANNIVERSARY

AND MORE

NOW ON YOUTUBE INSTANTLY AT

AND
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Bob Hoover — Aviation Pioneer — Remembered. The Pilot’s Pilot.

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Bob Hoover, Air Combat Legend, Test Pilot died at 94 Tuesday

WASHINGTON – National Air Traffic Controllers Association (NATCA) President Paul Rinaldi, commenting on the news today of the passing of aviation legend Robert A. “Bob” Hoover, at the age of 94:

“All of us at NATCA join the aviation community in mourning the passing of this extraordinary, legendary figure in our nation’s aviation history. He was widely regarded as the greatest stick-and-rudder man who ever lived.

Through his incredible flying skills over so many decades, he became a larger-than-life figure and helped raise our levels of imagination and excitement about the beauty of flight. And as we have heard from those who knew him best, he was also a great person, which stands as a testament to his graciousness and generosity.”

“I was honored to join NATCA Executive Vice President Trish Gilbert and several of our members in honoring Bob at both the Aero Club of Washington’s 2014 Wright Brothers Memorial Trophy dinner and at the 2014 celebration in Los Angeles which marked the creation of the Hoover Hall of Honor. To be in his presence was absolutely awe-inspiring. He left us a legacy of inspiration for pilots and aviation professionals and will forever be remembered as one of the world’s greatest aviation legends.”

The Aviation Hall of Fame Writes:

After three failed attempts to flee from his German captors, World War II fighter pilot and prisoner-of-war Bob Hoover was running out of escape options. When a staged fight among the other prisoners diverted the attention of the prison guards, the former Stalag Luft I resident hopped a barbwire fence and went looking for the refuge of Allied territory. While he didn’t quite make it to Allied land on foot, Hoover did manage to find an abandoned FW-190, which he cautiously flew to the then-recently-liberated Holland.

    Learned to fly at Nashville’s Berry Field and taught himself aerobatics.
    First World War II assignment was in Casablanca testing planes before going into combat.
    Assigned to the 52nd Fighter Group in Corsica.
    Flew 58 missions before being shot down and spent 16 months as a POW.
    After the war, was in the Flight Evaluation Group at Wright Field, Ohio where he flew captured aircraft and the latest USAF aircraft.
    Alternate pilot for the Bell X-1, Hoover flew the chase plane as close friend Chuck Yeager broke the sound barrier, October 14th, 1947.
    In 1950 he began a 36 year association with North Aviation and Rockwell International.
    Experimental flight tested the Navy FJ-2 jet fighter and the USAF F-86 and F-100.
    Only person to serve two terms as president of the Society of Experimental Test Pilots.
    Captain of the 1966 U.S. Acrobatic Team at the international competition in Moscow.

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    World renown aerobatic pilot and his P-51 in a main attraction at the Reno Air Races. “Ole Yeller” Mr. Hoover’s P-51 Mustang is shown outside Paramount Studios in Los Angeles.
    In 1985 established a coast-to-coast record flying a P-51 form Daytona Beach to Los Angeles in 5 hours and 20 minutes.

 

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Investment firm Senior Managing Director Sentenced to 2 Years for Fraud in Ponzi Scheme

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. October 26,2016:

Preet Bharara, the United States Attorney for the Southern District of New York, announced that GREGORY W. GRAY, JR., was sentenced today in Manhattan federal court to two years in prison for securities fraud and perjury charges stemming from his scheme to defraud an investor of approximately $5 million to cover up his mismanagement of other investor funds.

GRAY pled guilty on December 23, 2015, and was sentenced today by United States District Judge Sidney H. Stein.

Manhattan U.S. Attorney Preet Bharara said:

“Gregory Gray deceived investors, claiming he would use their funds to buy shares of high-flying technology companies like Twitter and Uber.  In reality, Gray did not make the investments he said he would, and later used new investor funds to pay back earlier investors.  In an attempt to cover his tracks, Gray then lied about his investments to the SEC.  Today, his federal crimes have led to a sentence of imprisonment.”

According to the allegations contained in the Information, the underlying criminal Complaint, and other statements made during court proceedings:

From at least in or about April 2014 through in or about February 2015, GRAY engaged in a Ponzi scheme to defraud investors who believed they had invested in funds GRAY controlled at Archipel Capital, LLC (“Archipel”), where GRAY was the Senior Managing Director.

Previously, from in or about June 2012 through in or about November 2013, GRAY raised over $5.2 million, from approximately 52 investors, for four Archipel “Social Media Funds.”  GRAY promised to use that capital to purchase shares of Twitter before the company’s initial public offering (“IPO”).  Based on GRAY’s representations to investors, GRAY promised to purchase over 200,000 pre-IPO Twitter shares.

GRAY frequently comingled funds between the various Archipel investment vehicles that he managed.  Ultimately, GRAY’s withdrawals from the Social Media Funds left those funds with insufficient money to purchase the full complement of pre-IPO Twitter shares he had promised investors.

On or about November 6, 2013, Twitter had its IPO and began trading on the New York Stock Exchange.  At that time, contrary to his representations to investors, GRAY had purchased only 80,000 pre-IPO Twitter shares for a total cost of $1,875,000.  GRAY accordingly owed his investors millions of dollars’ worth of Twitter shares.

In an attempt to make up the shortfall of Twitter stock, in or about April 2014, GRAY persuaded Investor-1 to invest $5 million in Archipel’s “Late Stage Fund,” which GRAY also controlled.

GRAY promised that, through that fund, he would use Investor-1’s $5 million investment to purchase a purported multimillion-dollar, privately held allotment of Uber shares.

However, instead of using the $5 million as promised, GRAY instead used the money to make cash payments to investors in the Social Media Funds and to purchase post-IPO Twitter shares for those same investors, including Investor-1 himself.

When Investor-1 requested documentation of the purchase of Uber shares as promised, GRAY provided Investor-1 with a fabricated stock transfer agreement (the “Uber Stock Transfer Agreement”) that purported to show that the Late Stage Fund had purchased 175,438 Uber shares.  In truth and in fact, and as GRAY well knew, the fund had not purchased any Uber shares.

On or about February 24, 2015, GRAY gave sworn testimony to the SEC.  During his testimony, GRAY falsely stated, in substance and in part, that the Uber Stock Transfer Agreement reflected a bona fide purchase of Uber shares by the Late Stage Fund.

*                      *                      *

In addition to the prison sentence, GRAY, 41, was sentenced to three years of supervised release.  The Court further ordered that GRAY forfeit $5,000,000 and pay $5,000,000 in restitution.

Mr. Bharara praised the work of the Federal Bureau of Investigation, and thanked the SEC for its assistance.

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force.  The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.  Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations.

Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.  For more information on the task force, please visit www.StopFraud.gov.       

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorneys Damian Williams and Michael Ferrara are in charge of the prosecution.

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GEDNEY ASSOCIATION IN LETTER TO MEMBERSHIP CHARGES CITY IS CHANGING RIDGEWAY COUNTRY CLUB CLASSIFICATION TO ALLOW SIMPLE MAJORITY APPROVAL OF FASNY CAMPUS PLAN.

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WPCNR LETTER TICKER. From the Gedney Association Annual Report shared with The CitizeNetReporter. October 23, 2016:

Another year has passed and yet regrettably the FASNY (French American School of New York) saga continues.   As many of you are aware FASNY filed a lawsuit against the City when it was unsuccessful in its efforts to have the City transfer a portion of Hathaway Lane to the school, thereby essentially killing their application for a massive school complex on the former golf course.  The City’s attorney put forward a strong preliminary defense and there was a general belief by legal observers that FASNY would not prevail.

As such it came as an enormous and disappointing surprise that the City’s Corporation Counsel, John Callahan, recommended a “Stipulation of Agreement” whereby FASNY would put its suit on hold if the City would consider a new plan.  FASNY said its “New Plan” would be for a smaller school of 640 students and a significantly smaller amount of acreage reserved for the so-called “Conservancy”, much of it comprising the undevelopable ponds, wetlands and watercourses.  The entrance to the school would be via Ridgeway which the City had strenuously rejected earlier.

The “New Plan” is in reality essentially Phase I of the earlier plan.  Phase II was always contingent on Phase I not exceeding traffic limitations imposed by the City.

The “Stipulation of Agreement” was put on the Common Council Agenda on the Thursday before the Labor Day weekend leaving almost no time for public notice.  Despite this City Hall was overflowing with residents opposed to the action.  Councilman Krolian offered a resolution to postpone any decision on the Stipulation for at least 30 days stating that there was not enough time to adequately review the matter affecting this major property.  Mayor Roach and Council members Kirkpatrick, Martin and Smayda without any discussion immediately denied his resolution and voted to enter into the Stipulation of Agreement with Council members Lecouna, Krolian and Hunt-Robinson voting against it.

If the above doesn’t concern you enough we also understand the City administration is formulating a plan, in conjunction with FASNY, to remove the parcel of land in which FASNY hopes to build from the City’s list of Environmentally Sensitive Sites.  Such an attempt would be a very transparent effort to get around the super-majority vote required for any such sites.  Incredibly, the “Stipulation of Agreement” requires the City to make such a decision prior to any Public Hearing on the “New Plan” thereby frustrating the public input and comment required under the State Environmental Quality Review Act (SEQRA).  Frankly, we will be shocked if the Mayor and Common Council supporters of FASNY follow through on this very questionable and risky attempt to de-designate part of the property.  We expect such a decision would ultimately be overturned.

The recent actions by the Mayor and Common Council members Kirkpatrick, Martin and Smayda should give all citizens of White Plains grave concern regardless of one’s position on the FASNY project.  It brings into question the manner in which our City is being governed.  The outrage is not limited to residents in Gedney Farms alone but has spread throughout the City.

The Board of the Gedney Association is committed to continue the fight which was won last year when the FASNY proposal was rejected. We have already lined up the requisite land use experts, including environmental consultants, traffic engineers, and special environmental counsel. We have been joined by the major neighborhood associations in the south end of the City as well as receiving support from other neighborhoods in other parts of town.

We have been very grateful for the continued support both financial and otherwise by the residents of Gedney Farms.  We need your involvement and support even more now given how the Mayor and aforementioned Council members have completely turned their backs on us who elected them to office and pay the taxes that provide their compensation.

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Former Greenburgh Assistant High School Principal Sentenced to 1 to 3 years for Embezzling $794,865 from Teachers Union Fund

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WPCNR WHITE PLAINS LAW JOURNAL. From the Office of the Westchester District Attorney. October 19, 2016:

Acting Westchester County District Attorney James A. McCarty announced Wednesday that

FrankGluberman

Frank Gluberman (DOB 08/16/47) of 47 Waters Edge, Congers, New York was sentenced today to one to three years in state prison after previously pleading guilty to:

  • one count of Grand Larceny in the Second Degree, a class “C” Felony.

The defendant also paid full restitution to the victims in the amount of $794,865.19.

Gluberman was an the Assistant Principal at Woodlands High School in the Hamlet of Hartsdale and former Treasurer of the Greenburgh Teacher’s Federation (GTF) and the Greenburgh Teacher’s Welfare Fund.

The GTF Welfare Fund receives taxpayer money, which is negotiated by the GTF, to pay for benefits such as dental, optical and legal services for school teachers and administrators of the school district.

Over a period of seven years, from 2006 to 2013, the defendant wrote checks to himself from the Greenburgh Teacher’s Fund checking account and GTF Welfare Fund totaling $794,865.19.

The defendant forged the signature of the president of the GTF, as he needed dual signature authorization to make payments.

The checks written by the defendant were to himself, his two daughters, and to pay property taxes on two homes that he owns.

The larceny came to light when in September 2012, the defendant was promoted to Assistant Principal and had to relinquish his position as the treasurer of the union funds.

Greenburgh Police and the District Attorney’s office were contacted and initiated an investigation.

 

 

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Plaza Construction –Giant NYC Construction Firm– CHARGED WITH FRAUD–AGREES TO $9 MILLION RESTITUTION AGREEMENT

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WPCNR FBI WIRE. From the Southern District of New York. October 18, 2016:

Projects Included the Empire State Building, Brooklyn Navy Yard, Bronx Terminal Market, Federal Reserve Bank of New York, and New York University

Early Monday, the U.S. Attorney’s Office for the Eastern District of New York (the Office) filed fraud charges in Brooklyn federal court against Plaza Construction LLC, successor to Plaza Construction Corp. (Plaza Construction), one of the largest construction firms in New York City.

Plaza Construction is charged with mail and wire fraud conspiracy for improperly billing its clients more than $2.2 million over a thirteen-year period for hours not worked and for inserting a hidden surcharge into its bills for the purpose of obtaining payments to offset administrative costs.

As a result, Plaza Construction has entered into a deferred prosecution agreement with the Office in which it admitted to fraudulently overbilling clients and agreed to pay more than $9 million in restitution to victims, and forfeiture and penalties to the federal government.  The company has additionally instituted far-reaching corporate reforms designed to eliminate future problems and enforce best industry practices.

Today’s deferred prosecution agreement marks the fourth resolution by the Office aimed at rooting out fraud in the construction industry.

In April 2012, Lend Lease (US) Construction LMB Inc. (formerly Bovis Lend Lease LMB Inc.) was charged with defrauding its clients, entered into a deferred prosecution agreement, and paid $56 million in restitution and penalties for engaging in a ten-year overbilling scheme.

In May 2015, Hunter Roberts Construction Group, LLC entered into a non-prosecution agreement and agreed to pay more than $7 million in restitution and penalties for engaging in an eight-year fraudulent overbilling scheme.

In December 2015, Tishman Construction Corporation was charged with defrauding its clients, entered into a deferred prosecution agreement, and paid more than $20 million in restitution and penalties for engaging in a ten-year overbilling scheme.

The charges and disposition were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Michael Nestor, Inspector General, Port Authority of New York and New Jersey (PANYNJ); William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Carol Fortine Ochoa, Inspector General, General Services Administration (GSA), Office of Inspector General; Scott S. Dahl, Inspector General, U.S. Department of Labor (DOL), Office of Inspector General; and Mark G. Peters, Commissioner, New York City Department of Investigation (DOI).

“For more than a decade, Plaza Construction overbilled its clients by charging them for unworked time and by fraudulently inserting a hidden surcharge to help offset its administrative costs.  By doing so, the company defrauded its clients and abused the trust placed in it to provide construction services at some of New York’s most storied sites.  Today’s criminal charges and resolution, the fourth resolution in this area, demonstrate our steadfast efforts in combating and eliminating fraud in New York City’s construction industry,” stated U.S. Attorney Capers.  Mr. Capers thanked the investigative agencies for their outstanding commitment and dedication over the course of this multi-year industry investigation.

“Plaza’s conduct that perpetuated an industry-wide fraud for more than a decade has come to an end.  Government contracting agencies, and private clients alike, deserve to be billed strictly for what they bargained for, not duped into overpaying for gratuitous or phantom services.  Responsible for overseeing one of the largest government contracting agencies in the region, the Port Authority Office of Inspector General will continue to uproot fraud and corruption within the area’s construction industry,” stated PANYNJ Inspector General Nestor.  Mr. Nestor thanked his law enforcement partners for their dedication and professionalism in investigating these practices.

“Fraudulent business practices put consumers, employees, and other industry competitors at a significant disadvantage.  Trust, once broken, is difficult to restore.  Companies, no matter how large or small, are reminded to exercise due diligence in alerting authorities about crimes of this nature.  We, along with our partners, take crimes of fraud seriously, and we will continue to seek justice to the full extent of the law,” stated FBI Assistant Director-in-Charge Sweeney.

“Plaza Construction used deceitful practices to bilk the American taxpayers.  The GSA OIG is committed to working with our law enforcement partners to hold accountable contractors who defraud the United States,” said GSA Inspector General Ochoa.

“Plaza Construction defrauded their clients by charging them for work that was not performed and by charging them prohibited fees.  Today’s resolution holds Plaza accountable for their actions and deters those who would contemplate similar misconduct in the future.  We will continue to work with our law enforcement partners to vigorously pursue fraud in the construction industry that has a negative impact on the American workforce,” stated DOL Inspector General Dahl.

DOI Commissioner Peters said, “These fraudulent overbilling schemes involved some of the highest profile construction projects in New York City, driving up costs, exploiting overtime, and siphoning millions of dollars in unearned, ill-gotten gains.  DOI will continue to work with its law enforcement partners to expose and stop this type of corruption, and ensure construction sites and companies are following the rules and operating lawfully.”

The Overbilling Scheme

As alleged in the felony information, Plaza Construction engaged in a fraudulent overbilling scheme that impacted a number of its projects for at least a thirteen-year period.  These projects included the Brooklyn Navy Yard, Bronx Terminal Market, Federal Reserve Bank of New York, New York University, and Empire State Building.

Plaza Construction’s role on construction projects was typically that of a construction manager, which often required it to supply workers from certain trade unions and to supervise the work done by subcontractors or trade contractors.  From at least 1999 through approximately February 2012, Plaza Construction submitted bills to clients, including government contracting and funding agencies, that contained numerous false statements and material misrepresentations and omissions.  From August 2004 through February 2012, Plaza Construction systemically inserted a hidden surcharge in its bills to clients that was specifically prohibited and secretly generated additional revenue to offset certain administrative costs.

Additionally, from at least 1999 until 2009, Plaza Construction also billed its clients for hours not worked by labor foremen from Local 79 Mason Tenders’ District Council of Greater New York and carried out this fraudulent overbilling by: (a) allowing labor foremen to be absent from work for major holidays and certain vacation days; (b) providing between five and seven hours of guaranteed overtime per day, whether worked or not, for a particular senior labor foreman; and (c) adding one to two hours of unworked or unnecessary “guaranteed” overtime per day to the time sheets for certain labor foremen.  In furtherance of this overbilling scheme, Plaza Construction completed and submitted time sheets to its clients as though the labor foremen had actually worked.

The Deferred Prosecution Agreement

Pursuant to the deferred prosecution agreement filed today, Plaza Construction accepted responsibility for its fraudulent billing practices and agreed to offer restitution to its clients in the amount of $2,226,270.19 and pay a penalty of $5,619,269.92 and forfeit $1,350,317.43 to the government over a two-year period.  In consideration of Plaza Construction’s remedial actions to date and its commitment to, among other actions: (a) accept and acknowledge responsibility for its conduct; (b) continue its cooperation; (c) make restitution available to victims; and (d) make the payment of forfeiture and a financial penalty to the government; the government agreed to defer the prosecution for a period of 24 months and to obtain an exclusion of time to allow Plaza Construction to demonstrate good conduct and compliance with the terms of this agreement.[1]  Plaza Construction’s remedial measures include the creation of the positions of General Counsel, Associate General Counsel and Compliance Director at the company; establishing a Compliance Committee; instituting annual training for all officers and non-union employees regarding its Code of Business Ethics; establishing an ethics hotline for employees to report ethics violations or concerns; and the revision of time sheet recording and client billing policies.

*          *          *

The government’s case is being handled by the Office’s Business and Securities Fraud Section.  Assistant United States Attorneys Whitman Knapp and Jonathan P. Lax are in charge of the prosecution, with assistance from Assistant United States Attorney Brian Morris of the Office’s Civil Division, which is responsible for the forfeiture of assets.

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15 Arrested For Drug Trafficking Through Music Company “Front”

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WPCNR FBI WIRE. From the Southern District of New York. October 18, 2016:

Preet Bharara, the United States Attorney fo the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Division of the Federal Bureau of Investigation (“FBI”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), Adrian H. Anderson, Sheriff of Dutchess County, and Thomas Pape, Acting Chief of City of Poughkeepsie Police Department, Monday announced the unsealing of an indictment and a complaint charging 15 defendants with allegedly engaging in the distribution of cocaine throughout southern and central New York.  Twelve defendants were taken into custody today, and will be presented in White Plains federal court this afternoon before U.S. Magistrate Judge Paul E. Davison.  MALCOLM KINYON was previously arrested on the complaint, and DAVION McADAMS and ANTON MILLER remain at large.

U.S. Attorney Preet Bharara said:  “The defendants charged today allegedly used a music company, ‘Outta They League,’ as a front to run their drug trafficking business.  These arrests take ‘Outta They League’ out of the business of drugs and violence.  We thank the FBI, the New York State Police, the U.S. Attorney’s Office for the Northern District of New York, and our many local law enforcement partners for their extraordinary partnership on this case.”

FBI Assistant Director-in-Charge William F. Sweeney said:  “The average drug dealer can’t peddle his wares on the street anymore without someone seeing it, so they’ve found ways to hide their drugs and money using legitimate businesses.  The one thing this group of defendants allegedly didn’t take into consideration, bank accounts don’t lie.  The bad guys may think they’re being smarter than law enforcement, but our Hudson Valley Safe Streets Task Force is made up of investigators and detectives who are skilled at finding all methods of criminals hiding their crimes.”

NYSP Superintendent George P. Beach II said:  “This investigation and the charges brought today against these 15 individuals are evidence of the commitment we share with our law enforcement partners in keeping  dangerous drugs off our streets. I commend the members of our Special Investigations Unit, the FBI and the U.S. Attorney’s Office for their outstanding efforts to shut down this dangerous drug trafficking operation.”

Dutchess County Sheriff Adrian H. Anderson said:  “Today was a great victory for law enforcement in Dutchess County and elsewhere by the taking of these allegedly dangerous individuals off of our streets. This country faces an ongoing drug epidemic, and being able to contribute towards ending that epidemic by helping remove some of those allegedly responsible is very gratifying. This is a perfect example of what can be achieved when Federal, State, and local law enforcement work together and I look forward to doing so again in the future.”

City of Poughkeepsie Acting Police Chief Thomas Pape said:  “We are grateful for the coordinated efforts of our partners in law enforcement in bringing a successful indictment against these individuals. Mr. Bharara has once again shown that criminal activity will not be tolerated and that he will successfully coordinate efforts between federal, State and local law enforcement agencies to arrest and prosecute those responsible for crimes committed in our communities.”

As alleged in the Indictment and Complaint unsealed today in White Plains federal court[1]:

“Outta They League,” or “OTL,” is a registered corporation that has engaged in the production of music, but in recent years has served primarily as a front used by its owner, MALCOLM KINYON, a/k/a “M.A.,” to facilitate wholesale cocaine transactions, and help launder the proceeds of those drug sales.

Those drug sales were made by KINYON and his associates, members of a criminal drug-trafficking organization that also called itself OTL.  Each month, OTL distributed multiple kilograms of cocaine in and around Poughkeepsie, New York, and to other locations in southern and central New York.  Individual OTL members and associates, including BRIAN BOWMAN, a/k/a “Pony,” AARON HARDY, ANDREW HARDY, NICHOLAS LEYVA, a/k/a “Stay High,” a/k/a “Stay,” DAVION McADAM, a/k/a “Goat,” DANTE McNAIR, a/k/a “Tay,” JAQUAN McNAIR, a/k/a “Quannie,” a/k/a “Drugs,” ANTON MILLER, a/k/a “Anton Singleton,” a/k/a “Nord,” DANIEL SPOTARDS, a/k/a “D,” VAUGHN STOKES, a/k/a “Qua,” and BRYAN WHITTLE, a/k/a “B,” a/k/a “Tall B,” obtained wholesale quantities of this cocaine typically on a consignment basis from OTL’s leader, KINYON.  These cocaine distributors would resell the cocaine they obtained from KINYON, and use the bulk of the proceeds from those sales to pay KINYON for the cocaine KINYON provided.  KINYON would then reinvest those proceeds in further supplies of cocaine, which he would again provide to the other OTL members and associates.

Despite the negligible amounts of income derived from music, a bank account maintained by OTL received in excess of one million dollars from between in or around June 2013 through in or around January 2016.

Most of the funds that passed through that account represented proceeds of narcotics transactions that were ultimately used to facilitate the purchase of additional quantities of cocaine for additional narcotics transactions.   Numerous OTL members and associates, including MALCOLM KINYON, a/k/a “M.A.,” ERIC ANTONMARCHI, a/k/a “Powerful,” a/k/a “P,” STAR BERMUDEZ, DERRICK ENSLEY, a/k/a “Dirk,” ANTON MILLER, a/k/a “Anton Singleton,” a/k/a “Nord,” and DANIEL SPOTARDS, a/k/a “D,” have made large cash deposits to the OTL Account.

In addition to trafficking narcotics, the OTL organization maintained discipline through the threatened use of violence.  OTL members and associates have been recorded discussing the use of violence, including the use of firearms and physical assaults, to ensure repayment for drug debts and to deter co-conspirators from providing information to law enforcement, among other purposes.  OTL’s leader, KINYON, is further charged with trafficking firearms purchased in Virginia and trafficked to New York for resale to OTL members and associates.

*                      *                     *

These arrests were coordinated with an investigation in the Northern District of New York, targeting Bloods gang members operating in and around Kingston, New York.  As a result of that investigation, 31 defendants were indicted for narcotics and other charges in five indictments also unsealed today in Albany federal court.  Many of these defendants were trafficking in cocaine and other drugs obtained from OTL.

 

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the Complaint, and the description of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

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