Articles Posted in In the News

Manhattan District Attorney Cyrus Vance, Jr. announced the arrest and indictment of Stephanie Brown, a rare coin expert (numismatist) broker and dealer, on 83 charges including Burglary in the Second Degree, Grand Larceny in the Second Degree, Scheme to Defraud in the First Degree and Forgery in the Second Degree. It is alleged that after Ms. Brown duped a mother-daughter pair into investing $1 million dollars into gold and silver coins during a three year period. Ms. Brown, an Arizona native, allegedly came to New York and stole $430,000 worth of those coins back from the pair after they allowed Ms. Brown to come to their apartment.

According to the Manhattan District Attorney’s Office, since 2007, Ms. Brown, at one time an an independent broker for ITM Trading, Inc “made numerous misrepresentations and omissions in order to induce the mother and daughter to purchase coins. For example, [Ms. Brown] advised both mother and daughter to liquidate all financial investments they held and to invest their life’s savings in gold coins.”

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In the decade or more that I have been involved in the criminal justice system as a criminal defense attorney and Manhattan prosecutor, I have heard some real doozies from people attempting to get out of jury duty. This passion to get out of jury duty is rarely, if ever, matched by those willing to put their own lives to the side to serve as jurors. Yet, a woman in Staten Island clearly has bucked that trend. In fact, she was arrested earlier today and is awaiting arraignment for desperately trying to get on jury duty (well, sort of…).

According to the New York Post, police arrested Rebecca Thybulle after she missed eight days of work at her government job. Wanting to take some time off, it is alleged that she created a jury summons as well as proof of jury service for her employer in order to answer for her eight day absence. It is alleged that Ms.Thybulle went as far as to tell her boss that she was on a vehicular homicide case. As happy as her fellow New Yorkers may have been to hear she enthusiastically embraced her civic duty, it is alleged that her boss found evidence of the forged summons and proof of jury service on Ms. Thybulle’s desk. With a slight twist of irony, Ms. Thybulle may be sitting for jurors, but not for jury duty. Instead, she may be sitting to pick jurors to hear her case and the two counts of Forgery in the Second Degree she now faces. If convicted, Ms. Thybulle is looking at up to seven years in prison on each count (it would likely run concurrent).

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Tyco, BCCI, Barclays…the storied tradition of the Manhattan District Attorney’s Office continues to this very day. Ranging from a few sheckles to over $10,000, 59 taxi cab drivers have been arrested by law enforcement in an unparalleled scheme after they finished working their twelve hours shifts for cranky New Yorkers. According to District Attorney Cyrus Vance, the alleged evil offenders bilked passengers out of a collective $235,000. Despite these allegations, according to at least one individual with knowledge of the case, it is plausible that some of the accused may be victims of an imperfect system that did not properly calibrate, calculate or maintain the correct fees. Others, including a man alleged to have stolen over $10,000, may not have such a defense or the sympathy of any New Yorker who has been scammed by a cabbie.

Facing the charges of Scheme to Defraud in the First Degree, an “E” felony punishable by up to four years in prison, and Petit Larceny, an “A” misdemeanor punishable by up to one year in jail, many of these cab drivers have bigger and greater collateral issues to be concerned about. Not only do they run the risk of forfeiting their ability to drive a cab and provide for their families, but if they are not citizens they will certainly have immigration consequences as well.

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According to various reports, David Mejias, the Democrat New York State Senate candidate running against Republican Senator Kemp Hannon in Long Island’s 6th Senate District, was arrested earlier today after an alleged “domestic type” incident involving an ex-girlfriend. Mr. Mejias is charged with multiple misdemeanors including Menacing in the Second Degree (New York Penal Law 120.14), Reckless Endangerment in the Second Degree (New York Penal Law 120.20) and Stalking in the Third Degree. These crimes are all “A” misdemeanors punishable by up to a year in jail. While bail was set at $1000, District Attorney Kathleen Rice appointed a special prosecutor due to her relationship with the defendant.

It is alleged that Mr. Mejias, the defendant, drove past his ex-girlfriend and abruptly stopped his vehicle. This caused the ex-girlfriend, the alleged victim / complainant, to do the same with her car. At that point it is further alleged that Mr. Mejias exited his vehicle and and yelled and screamed as he approached the alleged victim. The complainant was able to drive away, but the defendant is alleged to have followed her. After she was able to elude the accused, the ex-girlfriend reported the case to the police and the police arrested Mr. Mejias.

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Elizabeth Crotty, a New York criminal defense attorney and former Manhattan prosecutor at Saland Law PC, was a key contributor in a New York Times article regarding the Manhattan District Attorney’s Office’s Early Case Assessment Bureau (ECAB). Often called the “Complaint Room,” ECAB is staffed by prosecutors who assess police arrests in Manhattan and make the ultimate charging decisions. The author of the article addressed some of the issues associated with ECAB and the interactions with prosecutors, police and detectives when cases are being drafted. More specifically, the article addressed recent criminal charges against two police officers and the apparent communication problems when interviews and debriefings are done over the phone as opposed to in person. The article and Ms. Crotty further examined whether problems were based in “miscommunication” or whether, at times, the police give the wrong information or even lie.

Saland Law PC is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal defense lawyers at Saland Law PC represent clients throughout the New York City region.

According to reports, Francisco Rodriguez, a/k/a “K-Rod,” a New York Mets’ pitcher and closer, was arrested at Citi Field (Mets Stadium) and charged with Assault in the Third Degree (New York Penal Law 120.00). Police arrested K-Rod after he allegedly struck his father-in-law who ultimately suffered a scrape on is face and swelling above his eye. Rodriguez was kept in police custody and held over night. He is scheduled to be arraigned sometime today. This is the second high profile case handled by the Queens District Attorney’s Office in the past few days after the arrest of Steven Slater, the JetBlue flight attendant.

Assault in the Third Degree is an “A” misdemeanor punishable by up to one year in jail. Generally, one is guilty of this crime if one intentionally causes physical injury or substantial pain to another person. Often time in cases where the injury is minor, police will issue a New York Desk Appearance Ticket as opposed to putting someone through the system. However, in criminal cases involving family members (“domestic violence”), Desk Appearance Tickets are not issued.

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I previously assessed, albeit briefly, the possible criminal charges that JetBlue flight attendant Steven Slater might face in Queens County for opening the emergency door and sliding onto the tarmac. These offenses included the misdemeanors of Reckless Endangerment in the Second Degree, Criminal Mischief in the Fourth Degree and Criminal Trespass in the Third Degree. Unfortunately for Mr. Slater, it appears as if the Queens District Attorney’s Office has not merely charged him with misdemeanors after his arrest stemming from the JFK incident. Instead, they have thrown something more serious against the wall hoping that it will stick. Mr. Slater now faces Reckless Endangerment in the First Degree and Criminal Mischief in the Second Degree. Both of these crimes are “D” felonies punishable by up to seven years in prison.

Reckless Endangerment in the First Degree Charged with Reckless Endangerment in the First Degree (New York 120.25), Mr. Slater’s actions must be more wanton than Reckless Endangerment in the Second Degree (New York Penal Law 120.20). In fact, the standard for that crime is that Mr. Slater must have acted with “depraved indifference to human life” and recklessly created a “grave risk of death to another person.”

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Jet Blue flight attendant (or possibly former flight attendant) Steven Slater was arrested yesterday after he allegedly insulted passengers on a Jet Blue flight from Pittsburgh. After allegedly having a heated conversation with a passenger, Slater popped open a cabin door, grabbed a beer, tossed his luggage down the inflatable shoot and slid down after them. Prior to his departure it is further alleged that he had some choice words for the JetBlue Passengers. The plane was in the process of unloading.

Although Mr. Slater’s actions, if true, are certainly peculiar at a minimum and hazardous at worst, what is the crime here? Is the Queens County District Attorney’s Office fishing for a serious offense to send a message to future would be felonious flight attendants?

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