In the News

November 16, 2011

Brooklyn DA: Former Stockbroker Yearns to Rejoin the 1% by Allegedly Defrauding Investors Out of $200,000

According to Brooklyn District Attorney Charles Hynes, a scamming former stock broker managed to cheat and lie his way back into the 1% at the expense of fellow one percenters and on the backs of the 99% as well. While the arrest and indictment of Boris Shteyngart will likely not stop the #OWS from disrupting lower Manhattan on Thursday, it may send a strong message to would be thieves in Kings County. It is alleged in a multi-count indictment that Shteyngart defrauded a dentist from the “Show Me State” out of $142,000 and an 84 year old retiree out of $10,00 which consisted of a significant portion of the latter’s life savings. All of this, according to Brooklyn prosecutors, was stolen and used to support Shteyngart’s lifestyle.

DA Hynes claims that Shteyngart perpetrated his criminal scheme by “cold calling” potential investors. At some point after his alleged victims began to trust him, Shteyngart would convince these “investors” to send him money by wire transfer or check payable to “Bori.” Once he received these checks, prosecutors allege that Shteyngart merely added an “s” next to “Bori.” Not rocket science, “Bori” became “Boris” and Shteyngart was able to deposit the checks in his own account. In total, prosecutors believe the scheme netted the defendant approximately $200,000.

August 23, 2011

A Former Manhattan Prosecutor’s View of the DSK Indictment, Dismissal & Debacle

by Jeremy Saland

In the end, the Dominique Strauss Kahn case ended where it all began…the gutter. Detectives with the New York City Police Department arrested the former IMF leader and paraded him before the media. Manhattan District Attorney Cyrus Vance, Jr. obtained an indictment only to dismiss it months later. The press published their “gotch-ya'” photographs while tarring and feathering the accused Frenchman. A sixty-two year old French presidential candidate was exposed as an apparent womanizer possessing an overactive libido and a lifestyle that skirted criminality. A sympathetic immigrant woman who cried rape, but was caught in a web of half-truths and inconsistencies, may be more of a perjurer and victimizer than an actual victim. And lastly, an attorney, who stood to personify the protector of the voiceless victims of sex crime while simultaneously pocketing millions in a civil suit, looked at best ill prepared to manage the intensity of what may be the most sensational criminal case of the decade. At worst, this same attorney may have been a co-conspirator in his clients now debunked claims.

It is likely that one could ask fifty criminal lawyers their respective opinions about whether or not prosecutors rushed into the Grand Jury. It is equally likely that you would, or at least could, get fifty differing and reasonable responses. When asked by various news reporting agencies, I have always maintained that the case should not have been presented to the Grand Jury. Instead, prosecutors should have sought a bail package to avoid having their legal hand forced (it is interesting to note in the extensive Dismissal on Recommendation (DOR) filed by the Manhattan District Attorney’s Office, a detailed analysis of the complainant’s failings is given, but no reference whatsoever to the bail discussions). A bail package, similar to the one agreed to post-indictment, would have absolutely circumvented this P.T. Barnum affair that will forever scar a man with a wrongful indictment. Moreover, at no point in the DOR, or to my knowledge in any statement, did prosecutors assert that they believed the witness or the evidence in the case beyond a reasonable doubt prior to stepping into the Grand Jury. Clearly this is now the case, but the omission from the time of the indictment is concerning. Prosecutors should not be presenting evidence before that body in any case unless they subjectively and objectively believe the evidence will reach this level of certainty.

August 4, 2011

Testwell Reincarnated: Manhattan DA Declares War on Construction Industry & American Standard Testing and Consulting Laboratories

by Jeremy Saland

After a string of high profile defeats, Manhattan District Attorney Cyrus Vance is going back to the well with the hope that a tested formula will deliver a conviction to public eyes. Like its predecessors, Testwell Laboratories and V. Reddy Kancharla, American Standard Testing and Consulting Laboratories Inc. (ATSC), along with its president Alan Fortich, was indicted by a New York Grand Jury and charged with Enterprise Corruption, Scheme to Defraud in the First Degree, Offering a False Instrument for Filing in the First Degree, and Falsifying Business Records in the First Degree. Additionally, professional engineers Michael Rabkin, Shamim Akond, Richard Kasparian and Bruce Pumo were also charged in the extensive indictment. A “B” felony, Enterprise Corruption is punishable by up to 25 years in state prison for a first time offender while each of the other crimes are “E” felonies punishable by up to four years in prison.

Replicating the factual allegations and ultimate conviction against the Testwell group, Manhattan prosecutors claim that ATSC fudged, altered and manipulated lab results concerning concrete used in numerous public and private jobs. In fact, the indictment alleges that the defendants “regularly skipped vital safety tests and created false reports to create the impression that the tests were performed.” Of great concern for prosecutors is that the buildings where the concrete was poured include such iconic and critical New York venues and structures such as Yankee Stadium, Memorial Sloan-Kettering Cancer Center, the Javits Center, the Port Authority Bus Terminal, the Intrepid Sea, Air & Space Museum and even sections of the Second Avenue Subway. Additionally, ATSC, Fortich and others are alleged to have filed false documents not only associated with testing procedures, but also with government agencies as to eligibility for certain programs. According to DA Vance, Fortich defrauded the “MTA through the Disadvantaged Business Enterprise (“DBE”) program…designed to help businesses owned by women or a member of a designated minority group” by falsifying the paperwork that was the foundation of eligibility.

July 21, 2011

AG: Non-Accredited New York Nursing Schools Defrauded Students Out of $6 Million

by Jeremy Saland

Attorney General Eric T. Schneiderman has a long way to go to fill his predecessor Andrew Cuomo’s shoes, but he announced an indictment today that will certainly keep a crew of criminal defense attorneys busy over the next few months. The indictment, the culmination of a significant investigation where undercover investigators posed as potential nursing students, accuses eleven defendants of operating a fraudulent nursing school and college scheme. The defendants are charged with Grand Larceny in the Third Degree (NY PL 155.35) as well as Scheme to Defraud in the First Degree (NY PL 190.65). A “D” felony, Grand Larceny in the Third Degree is punishable by up to seven years in state prison while Scheme to Defraud in the First Degree is an “E” felony punishable by up to four years in state prison.

It is alleged that the defendants, Robinson Akenami (owner and operator of Helping Angels Foundation of America (HAFA)), Jocelyn Allrich (owner and operator of Hope-VTEC Hope-VTEC a/k/a J. Allrich Productions, Inc., Hope Nursing Tutorial Services, and Tutorial Nursing Prep), Nadege Auguste (owner and operator of VTEC-NY, Inc. a/k/a Life-VTEC), Andre Castage (an Administrator and Admissions Director at International Language and Professional Network, Inc. (ILPN)), Carline D’Haiti (operator of Envision Review Center), Salavatrice Gaston (a second operator of Envision Review Center), Anthony Myers (an administrator and ILPN’s Admissions Director), Rodye Paquiot (an executive at ILPN), Carl Lee Sellers (the Administrator of Hope-VTEC), Frantz Simeon (owner and Executive Director of ILPN) and Jude Valles (established the VTEC franchise) each perpetrated various frauds on unsuspecting students. It is claimed that these men and women lied to students about critical educational issues such as the schools accreditations and that students would be eligible to sit for the New York State Nursing Board Exam (NCLEX).

July 20, 2011

High Class NY Escort & Prostitution Ring Busted: Brooklyn DA Indicts 17 Individuals in an Alleged $7 Million Online “Model” Service

by Jeremy Saland

Although not arrested by Detective Frank Drebin, for seventeen individuals indicted in Brooklyn because of their alleged involvement in High Class NY, a New York City escort ring, this certainly is “some kind of a bust.” Unfortunately for them, however, there is nothing funny about the predicament they face. According to Charles Hynes, Kings County’s top prosecutor, “[th]ere is no such thing as a high-class pimp, and as we do with all other pimps, my office will prosecute these defendants and seek the maximum sentences available under the law.” Charged in the 144 count indictment, seventeen individuals, including Mikhail Yampolsky; his wife, Bronislava Yampolsky; his son, Alexander Yampolsky; his step-son, Jonathan Yampolskaya and alleged investors Efim Gorelik and Yakov Maystrovich, face some of the highest degree felonies in the New York Penal Code. In addition to these defendants, detectives also arrested Valerii Loboda, Irina Pobukovsky, Ilya Olshansky, Angelo Pascacello, Meredith Harford, Boris Ratovsky, Yury Gorelik, Pinia Ashkinadze, Alexey Senenov and Oleg Lechko. These men and women, as well as five corporations, face a multitude of crimes such as Enterprise Corruption, Promoting Prostitution, Money Laundering, and Criminal Sale of a Controlled Substance.

If it is not overwhelming clear through DA Hynes’ statement, the Brooklyn District Attorney’s Office firmly believes that this alleged crew of pimps and prostitutes, who also dabbled in narcotics and drug trafficking, is being treated not merely as individuals, but as an organized criminal institution. Enterprise Corruption, a “B” felony punishable by a mandatory minimum of one to three years in prison and a maximum of eight and one third to twenty five years in state prison for a first time offender, is New York’s version of the federal RICO statute. In charging this crime and arresting these individuals, prosecutors believe and must prove beyond a reasonable doubt that High Class NY operated with a structure that was both ascertainable in nature, ie, different levels of workers, with a common goal or purpose.

July 15, 2011

Jeremy Saland Interviewed in Wall Street Journal Article About the Use of Social Media in Lawyer Marketing

by Jeremy Saland

Jeremy Saland, a New York criminal defense attorney and former Manhattan prosecutor, was interviewed for a Wall Street Journal article published today addressing the intersection of modern day lawyering and social media. An interesting article, one of the main themes of the piece was how social media – blogs, twitter and facebook – can help an attorney’s marketing and client generation.

Make no mistake. If done the right way, utilizing social media can certainly help drive business to your law practice. The article made this very clear. However, equally important in generating business over time is not only getting the phone to ring, but to be able to service your clients and to do so ethically and diligently. After all, establishing a career that will span decades is not about merely getting a high profile case or one “big fish” client, but in assisting all clients in all matters with the highest degree of professionalism.

July 15, 2011

Oscar Fuller, the One Punch Bandit, and Second Degree Assault: A New York Criminal Lawyer’s Analysis of a Potential Overcharge

by Jeremy Saland

Oscar Fuller, the man accused by prosecutors of obliterating the petite Lana Rosa with one punch, was arraigned on an indictment charging Assault in the Second Degree in Manhattan Supreme Court earlier this April. According to District Attorney Cyrus Vance, Jr., what began as a dispute over a “trivial matter – a parking spot – turned into a vicious and senseless act of violence with dire consequences.”

While I do not believe anyone can credibly argue that Ms. Rosa, who recently awoke from a coma after fracturing her skull, was not hurt catastrophically, legal minds can certainly debate whether or not DA Vance made the wrong (or right) charging decision in this case. Make no mistake, DA Vance had “no choice” but to present this matter to a Grand Jury. If he did not present the case to the Grand Jury, the jury of public opinion would not embrace the top prosecutor well. If the case was presented to the Grand Jury and they did not indict, then DA Vance could always explain that he must respect the process whether he agreed or not with the outcome. Regardless, the Manahttan District Attorney’s Office is now saddled with proving a one punch felony that may not merit such a prosecution based on the actions of the accused as opposed to the end result.

July 10, 2011

James Whittemore Fails to Make Letterman’s Top Ten After Allegedly Trashing Ed Sullivan Theater: Criminal Charges & Potential Punishment

by Jeremy Saland

James Whittemore, the twenty-something Manhattan man arrested for an alleged drunken rampage at the fabled Ed Sullivan Theatre in New York City, is going to a get a sobering reality check when he sees a criminal court judge for the first time. It is alleged by police that Mr. Whittemore trashed the Ed Sullivan Theatre be smashing out windows and tossing garbage pails and other items around David Lettermen’s home stage. While not as disturbing as the crimes perpetrated by Robert Halderman, the actions of Whittemore certainly have left the gapped toothed comedian unhappy to say the least.

Assuming the reports are true, what are the potential crimes that young James may face? As I note in most of my blog entries, I am only privy to the facts set forth in the media, but the following are some of the more serious criminal offenses I believe may be charged based on the limited information that I have:

June 29, 2011

An Undeserved Rap: Raymond Velasquez Charged with Reckless Endangerment & Other Crimes in NYC Court

by Jeremy Saland

Make no mistake. 34 year old wannabe rapper, Raymond Velasquez, is a little past his “aspiring” years, but deserves some credit for his energy and ambition. While his arrest for disrupting NYC traffic and intentionally disregarding the police may not be worth the attention he has brought upon himself, prosecutors in Cyrus Vance’s Manhattan District Attorney’s Office may have been equally ambitious in their charging decisions. Certainly, it appears that Mr. Velasquez, aka, “CI Joe” was disorderly and there is a strong argument that he trespassed when he climbed the utility pole, but is the Alicia Keys lover boy guilty of Reckless Endangerment?

According to New York Penal Law section 120.20, one is guilty of Reckless Endangerment in the Second Degree when he or she acts so recklessly that his or her conduct creates a substantial risk (not just any risk) of serious physical injury (not just any injury). Now, digging a little deeper, let’s examine some critical definitions here. First, “substantial” is obviously more likely than a mere “chance” or “possibility.” More importantly, “serious physical injury,” according to the New York Penal Law, is not just any injury, but one that could cause death.

May 31, 2011

Mahmoud Abdel-Salam Omar & Dominique Strauss Kahn: Two Financial Titans & Two Distinct Sex Crimes

by Jeremy Saland

If true, Mahmoud Abdel-Salam Omar and Dominique Strauss-Kahn, both arrested in Manhattan after allegedly making sexual advances (and then some) on two members of hotel staff at NYC’s Pierre and Sofitel respectively, are both in serious criminal trouble. While the two men have much in common, both are top financial leaders and businessmen, foreign nationals and have an alleged libido that is likely slightly smaller than their egos, the outlook on their cases from purely a legal standpoint are drastically different. In other words, the former head of the International Money Fund and the current chairman of El-Mex Salines Company and former president of the Egyptian American Bank and the Federation of Egyptian Banks, are really in two different camps as far as what District Attorney Cyrus Vance, Jr. and his league of prosecutors may have in store.

Putting aside the provability and strength of each case (this is not something a criminal defense attorney would put aside, but for the sake of analyzing the charges) and keeping in mind that the information I have is from what I have read in press reports, the conduct of the two men appears drastically different. That is, Mr. Strauss-Kahn, known as DSK, allegedly had some form of oral sex and penetration in the mouth and attempted to rape the complainant maid. The basis behind the top offense charged against him is not the attempted rape, but that there was alleged oral sexual conduct as a result of forcible compulsion. This crime, Criminal Sexual Act in the First Degree (New York Penal Law 130.50), is a “B” felony punishable by up to twenty five years in state prison.