Articles Posted in In the News

What can only be described as a horrendous result from the eyes of the prosecution and a tremendous result from the eyes of Police Officers Kenneth Moreno and Franklin Mata, a Manhattan jury acquitted the accused NYPD officers of rape and every other felony. What was once a bleak outlook where each man faced mandatory state prison, is now a significantly less dire situation. At the time of sentencing, both Mr. Moreno and Mr. Mata “merely” face up to one year in jail on Rikers Island. Official Misconduct: New York Penal Law 195.00

According to the New York Penal Law, Official Misconduct occurs when a person who is a public servant (such as a police officer), with intent to obtain a benefit, commits an act relating to his office but constituting an unauthorized exercise of his official functions. The accused must also know that such act is unauthorized.

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Known more for civil enforcement as opposed to handling significant criminal prosecutions like their local District Attorney counterparts, the New York State Attorney General’s Office announced the arrest of 19 people in an international car theft ring. Attorney General Eric Schneiderman, trying to step from the shadow of his incredibly popular predecessor Andrew Cuomo, announced that this alleged New York City based theft ring stole hundreds of vehicles worth in the neighborhood of $10 million. It’s alleged leader, William Cruz, determined what cars were needed on the black market and in turn advised his crew. Because prosecutors believe that Mr. Cruz and his alleged cohorts were part of a criminal enterprise with a true and viable structure, the men of this alleged gang are all being prosecuted for Enterprise Corruption.

A “B” felony, Enterprise Corruption is New York States version of the Federal RCO statute. While often utilized as a statute in the context of organized mob type crimes, as long as prosecutors can establish the existence of a criminal enterprise where the members are in an ascertainable structure sharing the same goal, then prosecutors can charge this offense. Obviously, an indictment such as this is significantly more complex than as it is described. Assuming prosecutors are successful in establishing the elements of this crime, a defendant with no record faces a minimum of one to three years and a maximum of eight and one third to twenty five years in state prison.

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I know Staten Island…and it ain’t no Vegas…Whether its cards, ponies, or the pigskin classic, Staten Island (Richmond County, New York) District Attorney Dan Donovan doesn’t want any of it in his county. Unfortunately for 28 people allegedly involved in a gambling ring, this lesson was learned the hard way. Charged with Enterprise Corruption, Money Laundering and Promoting Gambling in the First Degree, many of the defendants face up to 25 years in prison as well as a mandatory minimum term of up to three years incarceration if they are convicted of being a part of the fraud scheme. While not out of the woods, more than half of the alleged co-conspirators are charged with Promoting Gambling in the Second Degree. This “A” misdemeanor is punishable by up to one year jail on Rikers Island.

According to prosecutors, over $5.5 million was seized in law enforcement raids and search warrants executed in New York and New Jersey. The investigation, which culminated in the arrests today and earlier indictments, began two years ago when police began to use wire taps and surveillance to track their targets. These targets, now defendants charged with the more serious felonies, include:

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According to news reports, the Dutchess County District Attorney’s Office has announced the indictment of Arthur Fisher, Jennifer Fisher and Christopher DeSanto, all of Ossining. A Grand Jury indicted the trio for Grand Larceny after they were alleged to have stolen in excess of $2,000,000 from Vassar College in Poughkeepsie. More specifically, Both Fishers are now charged with Grand Larceny in the First Degree, a “B” felony punishable by a minimum of one to three years and a maximum of eight and one third to twenty five years in state prison. Mr. Fisher and Mr. DeSanto are also charged with Grand Larceny in the Second Degree, a “C” felony, punishable by no mandatory minimum term of incarceration, but a maximum of five to fifteen years. Additionally, the Grand Jury indicted Mr. Fisher with eight counts of Forgery in the Second Degree and Criminal Possession of a Forged Instrument in the Second Degree. “D” felonies, these crimes are punishable with no mandatory term in prison but up to two and one third to seven years “upstate.” Although not charged, if the allegations are true it is likely that the Grand Jury could have easily voted a true bill (indictment) against these defendants for Falsifying Business Records in the First Degree. This crime is an “E” felony punishable by up to one and one third to four years in state prison.

According to reports, C&R Construction Services, a fake company created by Mr. and Mrs. Fisher, was alleged to have completed construction related jobs at the college, but never did so. Instead, it is alleged that Mr. Fisher, a project manager at Vassar College, allowed fraudulent invoices to be submitted for jobs that were never done. In total, it is alleged that the Fishers were paid just shy of $2,000,000. Just like C&R Construction, it is further claimed that Mr. Fisher had another bogus company, Good Shepherd Construction, that was involved in a similar scheme netting in excess of over $350,000. Completing the trifecta, the indictment also accuses Mr. Fisher and Mr. DeSanto of allegedly submitting invoices for work that was not completed. As a result, Mr. DeSanto received in excess of $140,000. Although not a defense to the allegations if true, one must wonder or question the oversight, or lack thereof, at Vassar College that would allow someone to steal nearly $2,500,000.

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Unfortunately for a man from Grand Junction Colorado, a lesson in New York State gun laws did not come early enough. Far from an atypical story, Dustin Forsling was jailed and lost his gun after he attempted to check his firearm with an airline attendant in Queens’ LaGuardia Airport. The unfortunate reality for Mr. Forsling, and anyone who carries a loaded firearm in the streets of New York City who is not specifically licensed in New York State to do so, prosecution has become more common. Compounding matters, the crime he or she will face, New York Penal Law 265.03 (Criminal Possession of a Weapon in the Second Degree) is a “C” violent felony. Irrespective of your ignorance of the law or whether or not you had the intent to use the pistol or revolver in a violent way, the minimum sentence should you be convicted is three and one half years in state prison and the maximum is fifteen years in prison. This is the sentence for a first time offender.

Fortunately for Mr. Forsling, it is likely that his counsel convinced Queens prosecutors that although violent intent is not a necessary element of the crime charged, Mr. Forsling was and is a legitimate man with a legitimate out of state permit. There was no “evil” motive. Moreover, Mr. Forsling was not trying to conceal the weapon, but had it locked away properly and was attempting to check it with the airline. These factors certainly mitigated his otherwise innocent conduct (it is important to note, however, in New York State a firearm is considered loaded by law if it is capable of being loaded and the ammunition is not actually loaded into the weapon).

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Dominique Strauss-Kahn, head of the International Monetary Fund and potential candidate of the Socialist Party against French President Nicolas Sarkozy in the 2012 election, is to be arraigned in Manhattan Criminal Court on the charges of Attempted Rape in the First Degree (New York Penal Law 130.35), Criminal Sexual Act in the First Degree (New York Penal Law 130.50) and Unlawful Imprisonment in the Second Degree (New York Penal Law 135.05). Detectives had tugged Mr. Strauss-Kahn out of first class minutes before his Paris bound flight was to leave from JFK Airport. Depending the sources, it is alleged that Mr. Strauss-Kahn, also known as “DSK,” was in his room at the Sofitel in Manhattan when a maid entered the room believing nobody was there. It is further claimed through various media outlets that Mr. Strauss-Kahn forced a women into a room and attempted to lock her inside. During this time, Mr. Strauss-Kahn allegedly attempted to have intercourse and sex with the woman and successfully forced the maid to give him oral sex.

The Crimes Dominique Strauss-Kahn Faces in New York While Mr. Strauss-Kahn may be the biggest individual “fish” caught by the recently christened District Attorney Cyrus Vance, Jr., the crimes the accused faces are no different than if he was the average denizen of Gotham. Assuming the information above is accurate (this is an assumption as there has been no press release fired off by the Manhattan District Attorney’s Office as of yet), the crimes and potential punishment are as follows:

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The Rockland County District Attorneys Office has announced the arrest of Joyce Bidnick, a New City Little League volunteer. It is alleged that Ms. Bidnick, the league’s treasurer, had embezzled in excess of $100,000 over the course of nearly eight years. It is further claimed by prosecutors that Ms. Bidnick hid her alleged theft by falsifying records and invoices. Although it is not clear as to all the charges Ms. Bidnick is facing, a theft exceeding $50,000 is considered Grand Larceny in the Second Degree. Additionally, it would not be surprising if Ms. Bidnick was charged with other crimes including Falsifying Business Records in the First Degree. These two crimes are “C” and “E” felonies punishable by up to fifteen and four years in state prison respectively.

According to reports, Ms. Bidnick is being held in custody with bail in the amount of $100,000. It is not apparent at this time whether or not a Grand Jury has indicted her. The Grand Jury must indict her within six days of her arrest or a preliminary hearing must be held. If not, the court must release Ms. Bidnick if her attorney has not consented to certain legal procedures. Whether or not Ms. Bidnick is released, the District Attorney’s Office has six months to have a Grand Jury indictment and answer ready for trial (subject to many legal qualifications).

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Manhattan District Attorney Cyrus Vance, Jr. continues to pursue white collar crime with equal passion as his predecessor, Robert Morgenthau. According to the New York County District Attorney’s Office, four Lehr Construction executives, as well as the company itself, were indicted by a New York County Grand Jury in connection to allegedly rampant fraud netting those executives in excess of $30 million. Approximately 14 months after Lehr Construction offices were raided, the police arrested Jeffrey Lazar, Todd Phillips, Steven Halper and Steven Wasserman to face a multi-count indictment that includes the “B” felony charge of Enterprise Corruption.

DA Vance and his lieutenants claim that Mr. Lazar, Mr. Phillips, Mr. Halper and Mr. Wasserman bilked subcontractors and clients by increasing alleged construction costs between 10 to 13 percent. This “over-invoicing” scheme was allegedly concocted by Lehr executives. According the the District Attorney’s Office:

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Rapper and singer Chris Brown, equally known for his crooning as he is for his felony assault plea for punching Rihanna, allegedly freaked out and smashed a window at Good Morning America’s Time Square studio in Manhattan. According to at least one report, Brown is alleged to have flipped out in New York City after he was questioned about the past incident with Rhianna by a GMA interviewer. He then allegedly smashed a window with a chair. Shards of glass from the broken window fell dozens of stories to the New York City street below. Adding a little more drama to the alleged incident, Brown allegedly stormed off the set, confronted a producer and took off his shirt (its merely in the mid 40s in New York today so one must assume taking off the shirt was for effect).

Assuming the above allegations are true, what, if any criminal charges could Chris Brown face for breaking a glass window at the GMA studio and getting “in the face” of an ABC producer?

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In what appears to be a tragic case, Brooklyn prosecutors have alleged that a young high school girl and member of the ROTC, Zhanna Smsarian, attacked a fellow classmate, Albina Eshimbaeva, with diluted acid. It is alleged that Ms. Smsarian poured the solution over a 15 year old girl’s head out of jealousy stemming from a relationship with a 22 year old man. According to reports, Ms. Smsarian admitted to police that she wanted to burn out her classmate’s eyes. Fortunately, it appears as if she was not successful.

According to Web Crims, the Brooklyn District Attorney’s Office has charged Ms. Smsarian with numerous felonies including Attempted Assault in the First Degree (New York Penal Law 110/120.10). She is also charged with numerous misdemeanors including Criminal Possession of a Weapon in the Fourth Degree (New York Penal Law 265.01(2)). The felony is punishable by up to fifteen years in prison while the misdemeanors are punishable by up to one year in jail.

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