Articles Posted in In the News

Michael Archer, better known as D’Angelo, was arrested over the weekend and charged with Patronizing a Prostitute in the Third Degree, pursuant to New York Penal Law 230.04. Cops arrested the R&B star after he allegedly solicited an undercover cop posing as a prostitute in Manhattan and offered her $40 (yup, forty bucks) for her services. Although it is an “A” misdemeanor punishable by up to one year in jail, it is highly unlikely D’Angelo will serve any time.

While D’Angleo will probably end up steering clear of this rap, Lil Wayne, a/k/a, Dwayne Carter, was not so lucky. Earlier today he was finally sentenced to jail in connection to his plea for possessing a firearm in New York without the requisite permit. Unlike state prison where one does more time before one is eligible for parole, it is likely that Lil Wayne will get out of jail well before his year sentence is up. In fact, with good behavior he may get out in time for Thanksgiving 2010 where D’Angelo could spot him $40 for a turkey.

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The Queens County District Attorney’s Office keeps churning out high profile white collar fraud cases. Unfortunately for Matthew McEntee and Mariwa M. Mora, two Flushing residents, these two defendants are awaiting arraignment after they were arrested in connection to an alleged fraud scheme involving $16 million in assets.

According to the Queens District Attorney’s Office press release, Mr. McEntee, wrongfully portraying himself to be an attorney, and Ms. Mora, allegedly scammed twelve property owners out of $16 million in assets including properties in New York, Pennsylvania, Texas and California. “[A] ccording to the criminal charges, an unapprehended individual introduced McEntee to the victims as an investor who was looking to buy properties for his corporations – Clarity Corporate Trust and Conveyance Corporate Trust. During the introductions, McEntee allegedly claimed to be an attorney, an accountant and a banker and introduced Mora as either his fiancee or wife. In some cases, it is alleged, while negotiating the cash sales of the properties, McEntee also offered to buy the victims’ high-end vehicles – such as Mercedes Benzs, Mustangs and SUVs – and expensive house furnishings. McEntee also allegedly told some of the victims that for corporate tax reasons if they brought money or other valuables to the closing, he would issue them a check for double the value which would be in the payment check for the properties. In each instance, the certified corporate checks drawn on an HSBC bank account that the defendants allegedly provided to the victims at the closings were deemed forged.”

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According to a Manhattan District Attorney’s Office press release, the New York County District Attorney has announced the formation of another “new” bureau. District Attorney Vance’s Cybercrime and Identity Theft Bureau technically ratchets up the current Identity Theft Unit to formally add the investigation and prosecution of cybercrime. In reality, many of the prosecutors assigned to the Major Case Section of the Identity Theft Unit had already been investigating and prosecuting these crimes. However, District Attorney Vance is taking the necessary steps to expand the unit into a bureau. Additionally, District Attorney Vance is increasing the number of prosecutors who will “specialize” in this area while further training them in this dynamic area of criminality and law.

From the perspective of law enforcement, a bureau such as this is a much needed arm of the District Attorney’s Office. The original unit, founded by two outstanding attorneys and prosecutors no longer with the office, was on the forefront of cybercrime and identity theft investigations when it was created in 2004. Having been one of the original prosecutors assigned to the Identity Theft Unit and the Major Case Section upon their respective creations, I not only learned from these two prosecutors and obtained training in forensics and the investigation of computer crimes, but witnessed firsthand the ease by which these crimes were perpetrated and the creativity of those who sought to benefit from this criminality. The transition of this unit into the new bureau not only displays District Attorney Vance’s recognition of the magnitude of these types of crimes, but is a testament to the dedication, work and efforts of the two founders of the unit as well as those currently working there, to bring the Manhattan District Attorney’s Office into the new era of identity theft and cybercrime investigations.

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According to various media sources, White Plains Mayor and former Assemblyman Adam Bradley has been arraigned in White Plains City Court after he was arrested for the crime of Assault in the 3rd Degree pursuant to New York Penal Law section 120.00. It is alleged that the politician got into a dispute with his wife, grabbed her arm, put her finger in the area of the door frame and closed the door. As a result, it is alleged that his wife sustained an injury to her finger.

Although the reports do not appear to indicate Mrs. Adams suffered a serious injury, as I noted in a previous blog entry, when one uses a dangerous instrument (a door can constitute as such) to perpetrate the crime of Assault in the Third Degree, the offense can be elevated to a “D” felony of Assault in the Second Degree, pursuant to New York Penal Law section 120.05(2). This crime is punishable by up to seven years in state prison as opposed to the misdemeanor which carries a maximum sentence of one year.

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According to Manhattan District Attorney Cyrus Vance, Jr., Marvell Scott, a former WABC newsman and sportscaster in New York, has been arrested and indicted by a New York County Grand Jury for the alleged rape of a runaway 14 year old girl.

It is alleged that Scott, who recently left the world of television to focus on his medical studies, paid a possible pimp to take a 16 year old and 14 year old to his apartment after meeting them in Times Square. It is further claimed that Scott raped the 14 year old girl as the 16 year old was present in the bedroom.

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Attorney General Andrew Cuomo has announced the arrest of David Cohen, the owner of seven popular Manhattan (New York County) clothing stores including Mystique Boutique (547 Broadway, 324 Fifth Avenue, and 412 Broadway), Madness Boutique (305 Canal Street), Exstaza (491 Broadway) and Amsterdam (454 Broadway and 365-367 Canal Street). Beyond the arrest, AG Cuomo is seeking $1.5 Million in unpaid wages and damages due to Mr. Cohen’s alleged scheme of failing to pay proper wages to his employees and failing to report proper taxes.

A defiant AG Cuomo stated:

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According to Brooklyn (Kings County) District Attorney Charles Hynes, Robert Delvicario, Lennox Johnson, Shanda Bruce and Thermine Remy, and three corporations, Adonis Abstract LLC, LBW Corporation, and Robo Capital Securities, Inc., have all been indicted by a Grand Jury for crimes including, Enterprise Corruption, Mortgage Fraud, Grand Larceny, Identity Theft, and Falsifying Business Records. Prosecutors began the investigation into the defendants after the unsolved 2008 murders of attorney Mark Schwartz and his wife Christina Petrowski.

According to the District Attorney’s Office, it is alleged that “between 2006 and 2009, the defendants participated in a series of financial and real estate scams in order to steal and launder money from the clients of Schwartz’ law firm, as well as clients of Adonis Abstract.” The total amount of these alleged frauds exceeded $1 million.

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Cyrus Vance, Jr., the District Attorney of New York County (Manhattan), has announced one of what will likely be numerous changes to the office run by Robert Morgenthau since the early 1970s. According to a press release issued by the Manhattan District Attorney’s Office, District Attorney Vance has created the Major Economic Crimes Bureau. In doing so, the Manhattan District Attorney’s Office is combining both the Frauds Bureau and Investigation Division Central (IDC). Richard Weber, currently the Chief of the Asset Forfeiture and Money Laundering Section (AFMLS) of the United States Department of Justice, will be the lead prosecutor and chief of the newly created bureau.

Both the Frauds Bureau and IDC, formerly called DANY (District Attorney New York) Over Seas, is staffed by exceptionally experienced and seasoned prosecutors. Although IDC has had more involvement in international crimes and has had some of the largest settlements and forfeitures in recent history, both of these bureaus already were at the forefront of white collar prosecutions. Now, the Major Economic Crimes Bureau will specialize in prosecutions relating to securities, commodities, and investment fraud, mortgage fraud and financial institution fraud commercial, bribery and kickbacks, bank fraud, structured investment schemes, internet fraud, international money laundering and terror financing.

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Manhattan District Attorney Cyrus Vance, Jr. announced the arrest and indictment of Steven Mandala, a former stockbroker with the Maxim Group and Merrill Lynch. According to the District Attorney’s Office, Mr. Mandala stole $780,000 from Merill Lynch after he allegedly told Merrill Lynch that he was not only a partner at Maxim Group (he was merely an employee stockbroker making $100,000), but that he was in charge of managing $300 million of clients’ assets. As a result of his work with Maxim Group, prosecutors allege that Mr. Mandala claimed he generated $1.5 million in revenue. Due to Mr. Mandala’s claims, alleged “improvements” to his resume, and his assertion he was compensated in the neighborhood of $765,000 a year by Maxim Group, Merrill Lynch hired the stockbroker and advanced Mr. Mandala $780,000. As a result of his chicanery, which was somewhat less successful, Mr. Mandala was charged with Grand Larceny in the Second Degree, Money Laundering in the Second Degree, Identity Theft in the First Degree, Criminal Possession of a Forged Instrument in the Second Degree and Falsifying Business Records in the First Degree.

Despite Mr. Mandala’s alleged claims that he managed $300 million and generated $1.5 million in revenue, it is alleged that Mr. Mandala not only rarely went to work, but that he brought in only $20,000 in new business. During he approximately two months as an employee at Merrill Lynch, it is alleged by prosecutors that Mr. Mandala deposited the $780,000 into his parents’ account and purchased a Ferrari under his father’s name. Mr. Mandala’s employment came to an end when he allegedly sent an email to Merrill Lynch indicating that he was not only resigning, but that all his personal effects should be discarded.

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Imam Zul-Qarnain Shahid, a New York City Jails Chaplin, was arrested yesterday after x-rays allegedly revealed he had three razors and a pair of scissors on his person when he attempted to enter a New York City Department of Corrections jail in lower Manhattan. Upon setting off an alarm, corrections officers allegedly recovered the razors and scissors from a bag held by Imam Sahid. There is no public information at this time whether or not he was scheduled to see a particular prisoner or prisoners. As a result of this alleged incident, law enforcement officials state that he is charged with Promoting Prison Contraband in the First Degree pursuant to New York Penal Law 205.25.

New York Penal Law 205.25(1) sets forth this crime as follows:

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