PRESS RELEASE FROM ROCKLAND DA’S OFFICE
Rockland County District Attorney Thomas P. Zugib has announced that Atif Ali (DOB 11/24/82) of 264 North Main Street, Apartment 1-D, Spring Valley, New York has pled guilty to:

One count of Petit Larceny, a class “A” Misdemeanor, relating to a lottery ticket scam.

On February 3, 2011, at approximately 11:30 p.m., the victim, an immigrant worker, purchased several scratch-off lottery tickets at a Village of Spring Valley convenience store, in which Ali was employed as a clerk.

One of scratch-off games purchased by the victim, “$3,000,000 Richer,” carried $3,000,000 in cash winnings.

As a jackpot winner, the victim was set to receive twenty annual payments of $150,000 each.

Even before the victim left the store, Ali contacted his friends, Riaz Khan (DOB 01/01/66) of 21 Barr Lane, Monroe, New York and Mubeen Ashraf (DOB 08/18/88) of 27 Barr Lane, Monroe, New York. Khan is the owner of the convenience store.

Ali, Khan and Ashraf persuaded the victim that cashing the winning ticket would jeopardize his immigration status, leading New York State Lottery officials to invalidate his winning game and push for his deportation.

Ali later presented himself to the New York State Lottery as the owner of the winning ticket and received an initial payment totaling $150,000.

Four subsequent payments, advanced through a funding company, were deposited directly into Ali’s bank account in June, 2011.

The defendants received over $500,000 in ill-gotten lottery winnings, leaving the victim who purchased the ticket with a windfall of zero dollars.

Ali, Khan and Ashraf were charged following an investigation conducted by the Rockland County Special Investigations Unit and members of the Spring Valley Police Department.

As a result, the $520,000 in winnings was frozen in the bank due to the forfeiture action brought by the District Attorney’s Office.

The case went to trial in September, 2012, ending with a deadlocked jury and the judge declaring a mistrial. The defendants had been scheduled to face a retrial this month.

After lengthy discussions between prosecutors, the attorneys for the defendants and the victim, an agreement was reached to settle both the criminal case against the three defendants, as well as the civil forfeiture action the District Attorney’s Office had commenced in Rockland County Supreme Court.

As part of the plea agreement, Ali was sentenced today to time served after having spent four months in the Rockland County jail. He also agreed to give up any claim to the remaining fifteen annual payments to be made by the New York State Lottery on the winning ticket.

The victim will receive over $218,000 in cash that had been held in the defendant’s bank account.

The charges against defendants Ashraf and Khan were dismissed.

Supervising Assistant District Attorney Anthony Dellicarri prosecuted the case.

Cops say Rockland has a Bonnie and Clyde pair on its hands

On February 19, 2013 at approximately 5:25 p.m. the Clarkstown Police responded to Freemont Ave in Nanuet for a report of a dispute between a taxi driver and his passengers over the fare amount. The driver states that he picked the parties up at their residence on Fremont Ave. and drove them to a fast food restaurant located in Nanuet. He waited while they received their order then drove them back to their residence.

Upon arrival on Fremont Ave. an argument ensued over the amount of the fare. The male passenger, identified as Mario Grasso, 33, began to yell and bang on the taxi cab window. The female passenger, identified as Jacqui Marcos, 27, left the scene and returned with an unknown-type long gun (shotgun or rifle). Marcos handed the gun to Grasso who reportedly “pumped it” and pointed it at the driver. The taxi driver drove away and called 911. He was uninjured.

Upon officer arrival, a perimeter was established around the residence. Contact was made with the residents via telephone and Grasso and Marcos exited the residence under police direction without incident. A check of the interior of the residence produced three rifles and one shotgun. Grasso and Marcos were arrested and transported to police headquarters. They were both charged with menacing 2nd (misdemeanor) and issued appearance tickets returnable to Clarkstown Justice Court on March 6, 2013.

Public speculates possible Muslim on Christian hate crime, while most of the media avoids the story

It appears the Arab custom of beheading enemies has been imported to the United States.

In Jersey City, less than an hour from Rockland County, 28-year-old Yusuf Ibrahim is accused of shooting and killing two men he knew, and then beheading and cutting off their hands before burying them in south Jersey.

The two men were Egyptian Coptic Christians in their 20s, Hany F. Tawadros and Amgad A. Konds. Since Coptics are often subject to such abuse in their native land of Egypt, it has been speculated that the crime might be a Muslim on Christian hate crime.

It has not yet been established that Ibrahim is indeed Muslim and if he is, if that is what motivated the attacks. He was born in Indiana, reports say. Ibrahim is facing two counts each of murder and desecration of human remains. His bail was set at more than $3 million cash.

The gruesome story is the sort that would normally earn bold headlines in regional and national media, but most outlets have avoided the story. WABC-7 did dedicate a segment on the crime, however. The Coptic Christian community in Jersey City reacted with dismay to the events.

Although beheading ceased to be a common practice in most of Europe centuries ago, France continued to use the guillotine for capital punishment until it was finally outlawed in the early 1980s. Convicted murderer Hamida Djandoubi was the last man to be guillotined in 1977 and the practice was officially abolished in France by 1981.

For the second time in the past week a taxi driver has allegedly been attacked in Rockland County.

The first incident was in Nanuet on February 19 when cops allege that Mario Grasso and Jacqui Marcos got into a scuffle with a driver and Jacqui left the scene to retrieve a longgun which they claim Mario pumped and pointed at the cabbie.

Then on Thursday, February 21 Ramapo police officers responded to the area of 63 Williams Avenue, in the Hillcrest area of the town, for a report of a taxi driver being attacked. A female taxi driver and her sister who had been seated in the front seat of the taxi claimed they were victims of an assult.

Police determined that at least four men and women physically attacked the female who had been seated in the front passenger seat of the taxi and also determined the female taxi driver was physically attacked by one of the female perpetrators.

Also present at the scene of the incident was a 4-year-old boy who was in the care of the below listed defendants.

The following people were arrested and charged with Attempted Gang Assault in the second degree (a class B felony) and Endangering the Welfare of a Child (a class A misdemeanor):

Nefertia Curry, a 26-year-old female, of 63 Williams Ave, Spring Valley, NY 10977

Bryan C. Quashie, a 30-year-old male, of 63 Williams Ave, Spring Valley, NY 10977

Jeremiah Williams, a 18-year-old male, of 18 Barclay Rd, New Windsor, NY 12553

Jada A. Williams, a 22-year-old female, of 17 Gardner St, Newburgh, NY 12550

(Jada A. Williams was also charged with attempted assault in the third degree)

A 45-year-old Stony Point man is in police custody in connection with a traffic accident that left the daughter of Judge William Sherwood, former Supreme Court justice and town supervisor, in serious but stable condition.

Repeat offender---this is not the first time that Stony Point resident Michael Coyle has been arrested for DWI. This time an accident caused serious injury to an innocent victim.

Michael Coyle of 156 N. Liberty Dr., Stony Point has been charged with aggravated vehicular assault (felony), DWI (felony), reckless driving & numerous V&T offenses. Police say Coyle, driving south on 9W in Stony Point, crossed into the northbound lane and struck a 2012 Hyundai driven by Alysoun J. Sherwood, 48, of Highland Falls.

Sherwood is currently undergoing surgery at Westchester County Medical Center. She is Judge Sherwood’s daughter and a former Stony Point resident. Coyle is still in custody as he awaits arraignment. Recommended bail is $100,000. Coyle has a prior conviction for DWI in the last 10 years, making the offense an automatic felony.

The Stony Point Police Accident Reconstruction team conducted the accident investigation. The Stony Point Police Department was assisted at the scene by Rockland County BCI, the NYS PIP Police,Rockland Paramedics, the Stony Point Fire Department and the Stony Point Volunteer Ambulance Corp.

Immediately following the incident, Sherwood was taken to Nyack Hospital before being transferred to Westchester County Medical Center.

Nicole Lynn Baumann, age 25, residing at 349 E. Union St., Tamaqua, PA, was arrested on February 19, 2013 for grand larceny in the fourth degree x2, CPSP in the fourth degree x2, petit larceny and criminal possession of stolen property in the fifth degree. The defendant was arrested following an investigation by the Stony Point Police Detective division where she is accused of stealing assorted jewelry from the victim and pawning same for cash. The victim was initially unaware of the thefts until contacted by the Stony Point Police Department Detective division inquiring about “pawned” jewelry recovered by this Department during investigation. The defendant was arrested, processed, and remanded to the Rockland County Correctional Facility in lieu of $7500 cash bail. The defendant is due back in the Stony Point Justice Court on February 21, 2013 at 1:30 p.m.

Clarkstown police say the reckless actions of one woman led to minor injuries for four people and damage to their cars on Saturday night.

On Saturday, February 23 at approximately 11:50 p.m. the Clarkstown Police responded to a multi-vehicle accident on southbound Rt 304 approximately 3/4 mile north of the Middletown Road exit.

The police determined that a 2007 Ford Mustang driven by Kristina Gaddish, 31, from West Milford, NJ was travelling northbound in the southbound passing lane (lane closest to the guard rail). Gaddish struck a 2006 Saturn which was travelling in the driving lane.

After impact, a tire from the Saturn came off and struck a 2001 Mercury which was travelling behind the Saturn. The Mustang continued on for a short distance and struck a 2007 Acura which was travelling in the passing lane.

None of the vehicles had any passengers. Each driver sustained minor injuries and all four were transported to Nyack Hospital. No further information is available regarding their condition or injuries. Southbound RT 304 was reopened at approximately 1:25 a.m. on Sunday, February 24.

Gaddish had the odor of an alcoholic beverage on her breath, police said. She was arrested and submitted to a blood test to determine her blood alcohol concentration. She was charged with driving while intoxicated and reckless driving (both misdemeanors), improper entrance or exit from a controlled highway and failure to obey a traffic control device (both traffic infractions).

She was issued an appearance ticket to appear in Clarkstown Justice Court on March 11, 2013.

No photo available for Gaddish or of the vehicles.

Lawrence Mulqueen

A 49-year-old Nanuet man accused of illegally possessing firearms and a metal knuckle knife, as well as making threats on Facebook to kill state and federal officials, has been indicted by a Rockland County Grand Jury on the charge of criminal possession of a weapon. The FBI and U.S. Attorney’s Office have announced they will be handling the death threats portion of the case.

Mulqueen is a convicted felon and thus not allowed to own firearms. The metal knuckle knife is an illegal weapon in New York State. The police found a small cache of weapons in Mulqueen’s Nanuet home when they searched the premises last week.

Mulqueen had in his possession:

• 1 10.62×54 Bolt Action Rifle
• 1 Remington 35 Pump Action Rifle loaded with 6 rounds
• Approximately 100 rounds of ammunition, including 27 rounds of .50 caliber armor piercing bullets (tank buster)
• 1 Sword
• 2 Rifle bayonets
• 1 Rifle scope
• 1 Metal knuckle knife
• 1 Bulletproof body armor

Mulqueen had been posting incindiery threats on the Internet site Facebook in recent weeks under the pseudonym Lawrence Henry. Authorities revealed some of the messages.

According to authorities Mulqueen had threatened to kill mostly Democratic politicians and officials including Governor Andrew Cuomo, Mayor Michael Bloomberg, Senator Charles Schumer, Rep. Nita Lowey, and national political figures like Sens. Harry Reid Diane Feinstein, Barbara Boxer and Rep. Nancy Pelosi, the “every Congressional Black Caucus member” and several other congressmen and women.

Mulqueen also surmised that any supporter of President Obama should be considered a traitor and shot, police said.

“I can’t wait to start killing the scum,” was one quote of Mulqueen’s released by authorities.

Other remarks he is said to have uttered on Facebook include a promise to some local Dem politicians, “Your dirt nap is coming very soon.”

He exclaimed in one status update “I want these scumbags DEAD!!!” And added, “That traitor scum, Obama subserviant eunichs, f–k them and death to them all.”

Mulqueen was outed to authorities by his landlord Fran Pillersdorf, 63. She had grown concerned that Mulqueen was going beyond venting to actually representing a threat.

Pillersdorf said she’s been in arguments with Mulqueen in recent weeks and she found him to be unstable. She also said he was a drunk.

Police believe Mulqueen is part of the so-called “sovereign citizens” movement, which is comprised of persons who believe they are not subject to any outside authority. The FBI considers this to be a terrorist movement.

Clarkstown police said Mulqueen had a felony DWI on his record as well as harassment and criminal contempt charges.

Mulqueen was charged with third- and fourth-degree criminal possession of a weapon, a Class D felony and a Class A misdemeanor respectively, making terroristic threats, a Class D felony under NY State law, and harassment.

The FBI and US Attorney’s Office are also interested in pursuing Mulqueen’s terror threats under federal law.

DA’S PRESS RELEASE
Rockland County District Attorney Thomas P. Zugibe today announced that Marleny Fernandez (DOB 09/07/81) of 2B Kensington Circle, Garnerville, New York has been arrested and arraigned on one count of Grand Larceny in the Third Degree, a class “D” Felony.

According to the charges, Fernandez, a recipient of food stamps through the Rockland County Department of Social Services, withheld information relating to her employment.

It is alleged that the defendant falsely reported that she was unemployed when recertifying eligibility for benefits.

It is further alleged that Fernandez was, in fact, gainfully employed by two separate lawn and tree maintenance companies during the recertification period.

Between April, 2010 and June, 2011, Fernandez illegally received $4,676 in food stamp benefits.

The defendant was arrested by the Rockland County Special Investigations Unit following a probe conducted jointly with the Rockland County Department of Social Services.

Fernandez was arraigned in the Town of Haverstraw Justice Court before the Honorable John Grant and released on her own recognizance.

The defendant is due to return to court on April 1, 2013.

She faces up to seven years in state prison, if convicted.

The case is being prosecuted by Supervising Assistant District Attorney Anthony Dellicarri.

FROM DA’S OFFICE

Rockland County District Attorney Thomas Zugibe and Rockland County town supervisors will announce a major initiative designed to eliminate sweeping fraud and abuse of the New York State STAR program.

A recent audit of local homeowners has identified hundreds of cases of improperly or fraudulently claimed STAR exemptions in each of Rockland’s five towns.

Suspected misuse and those who knowingly “double-dip” STAR exemptions cost New York taxpayers millions each year and will be targeted.

Daniel J. Shea, age 19, residing at 12 Georgian Dr., Stony Point, NY, was arrested on February 24, 2013 for driving while intoxicated and numerous vehicle and traffic offenses. Stony Point Police arrested the defendant after investigation into an auto accident on Central Highway involving injuries. The defendant was arrested, processed and released on numerous traffic tickets returnable March 5, 2013 at 9 a.m.

Michael Vitale, age 25, residing at 6 Lake Rd., Stony Point, NY, was arrested on February 26, 2013 for resisting arrest and violation town noise ordinance The defendant was arrested following an investigation into a noise complaint. The defendant did also resist his lawful arrest and was charged accordingly. The defendant was arrested, processed and arraigned. The defendant was released after posting $500 cash bail. He is due back in the Stony Point Justice Court at a later date to answer said charges.

Dr. David Brizer admits selling millions of dollars worth of Rx narcotics and underreporting his income taxes by nearly $500K, faces state prison time. Schneiderman: “Doctors who profit by feeding Rx drug crisis will be prosecuted”

PRESS RELEASE FROM NY AG’S OFFICE 

NEW YORK – Attorney General Eric T. Schneiderman today announced the guilty plea of Dr. David Brizer on charges he sold prescriptions for oxycodone and other powerful pain medications to drug dealers from his Rockland County and Midtown Manhattan offices. Brizer also admitted to illegally possessing controlled substances and underreporting his income by at least $490,000 on his New York State personal tax returns in 2010 and 2011. He faces a sentence of 1 to 3 years in prison.

“Instead of caring for the sick, Dr. Brizer used his medical license to place powerful addictive narcotics in the hands of drug dealers and feed a prescription drug epidemic that is devastating communities and families across New York,” Attorney General Schneiderman said. “My office will use every means available to prosecute doctors who feed this corrosive drug epidemic in order to line their own pockets.” 

Brizer, 60, of Manhattan, pleaded guilty in Rockland County Court before Judge William K. Nelson to four felony charges, Criminal Sale of a Prescription of a Controlled Substance, Criminal Possession of a Controlled Substance in the Fourth Degree, Criminal Tax Fraud in the Third Degree and Conspiracy in the Fourth Degree.

He admitted that between May 2011 and August 2012 he conspired to sell and sold prescriptions for up to 240 oxycodone pills and other painkillers to drug dealers and other individuals knowing there was no medical reason to dispense the drugs. He also admitted that as early as February 2010, he sold prescriptions to reputed drug dealer Franklin Walker.

Brizer charged his customers up to $300 each time he sold them prescriptions in the name of fake patients, ultimately selling prescriptions for several million dollars worth of pills. The doctor first sold prescriptions out of his Nyack office, at 48 Burd Street. More recently, he sold prescriptions out of his Manhattan office at 244 West 54th Street.

He also admitted to illegally possessing methylphenidate (speed) and failing to report at least $240,000 on his 2010 New York State Personal Income Tax Returns and at least $250,000 on his 2011 returns. As part of his plea agreement, Brizer will be required to pay $42,712 as restitution for the total in unpaid income taxes he owes for those two years. The Attorney General is recommending he serve 1 to 3 years in prison. Brizer’s sentencing is set for June 11.

Walker was arrested in December on drug possession charges and grand larceny for causing Medicaid to pay thousands of dollars to pharmacies for narcotics he illegally obtained and resold. Walker, 52, of Westtown, faces up to nine years in prison. His case is pending.

In 2012, the New York State legislature unanimously passed Attorney General Schneiderman’s landmark Internet System for Tracking Over-Prescribing Act, or I-STOP. I-STOP requires doctors to review a patient’s prescription drug history and update it in real time when writing prescriptions for certain controlled substances. Had such a system been in place at the time Brizer and his associates committed their crimes authorities could have more quickly detected these crimes.

Attorney General Schneiderman thanked the New York State Police; the New York State Department of Health, Bureau of Narcotics Enforcement; the New York State Department of Taxation and Finance; the Orange County District Attorney’s Office; the Rockland County District Attorney’s Office; and the Town of Clarkstown Police Department for their assistance in this investigation.

The case is being prosecuted by Regional Director Anne Jardine and Special Assistant Attorney General Christopher Borek of the Attorney General’s Medicaid Fraud Control Unit and supervised by Special Deputy Attorney General Monica Hickey-Martin and Executive Deputy Attorney General for Criminal Justice Kelly Donovan. The investigation was conducted by Special Investigator Michael Mataraza, Special Investigator Timothy Connolly and Special Auditor Investigator Christopher Giacoia, who are supervised by Chief Regional Auditor John Regan, Supervising Special Investigator Paul Greenspan and Chief Investigator Thaddeus Fisher.

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One of 30 or so cop cars involved in the chase

Rockland Sheriff’s patrol officers were greeted with a surprise chase this morning as a man decided to hit the gas at a routine road block.

A winding chase led officers from New Hempstead Rd. to the Palisades Parkway, all the way to downtown West Nyack.

Perp's car

Asked how often a chase occurs in Rockland County, Sgt. Johnston said, “You’d be surprised, in fact, I just heard a report of one in Ramapo.”

Muddied Sheriff's patrol vehicle and damaged parked vehicle. The damaged car had been knocked clear across the street by the impact of the perp's collision

It was a morning for the races in Rockland as two separate police pursuits took place on opposite ends of the county one after the other.

The first chase led cops from New Hempstead Rd. in New City down the Palisades Parkway onto Rt. 59 and then into the downtown and the backstreets ofWest Nyack.

Less than an hour after that chase began another one started at approximately 10:55 a.m. Ramapo officers observed a 2008 Red BMW, travelling north on the NYS Thruway in an erratic manner.  The officers behind the car observed the car to be tailgating, frequently switching lanes and passing unsafely.  

Police said they attempted to stop the vehicle and at first the driver responded cooperatively but then suddenly accelerated across all lanes at an excessive speed and continued northbound in the left lane. The vehicle failed to yield to the emergency lights and sirens that were activated and the officers temporarily lost sight of the suspect vehicle, before seeing it exit at 15A (Sloatsburg exit) and proceed north on State Route 17.  

The officers were able to catch up with the suspect vehicle, which slowed down significantly in traffic. The car was pulled over in the parking lot of Davis Sport Shop without further incident.

The driver of the vehicle was identified as Elon R. Valentine, of 20 E. 3^rd Street, Apt 3K, Mount Vernon, NY.  He was subsequently charged with reckless driving, driving while ability impaired by drugs, and was given multiple summonses for various traffic violations. 

The sole passenger was identified as Paul K. Small, of 145 South 1^st Ave, apt 4D, Mount Vernon, NY.  He was charged with unlawful possession of marijuana.   

DA REPORT:

DRIVING WHILE INTOXICATED
Kevin Amiri, age 62, residing at 71st Avenue, Flushing, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crime of driving while intoxicated, as a felony. District Attorney Thomas P. Zugibe stated that on or about September 11, 2012 at approximately 8:53 a.m., the defendant involved in a motor vehicle accident in Ralph Blvd in the Town of Ramapo. The defendant admitted to drinking and failed five field sobriety tests. The defendant’s blood alcohol content revealed a .17. The defendant had a previous DWI in Nassau County in August, 2004.

CRIMINAL POSSESSION OF STOLEN PROPERTY
Christopher Bihari, age 29, residing at 17 Pinebrook Road, Monsey, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crimes of criminal possession of stolen property in the fourth and fifth degrees. District Attorney Thomas P. Zugibe stated that on or about September 26, 2012 at approximately 9:30 a.m., the Stony Point Police Department responded to a wooded area around Sergeant Schwartz Drive on a report of a suspicious male sleeping in the woods. The officers observed the defendant sleeping in a make-shift shelter next to a camp fire with numerous articles of drug paraphernalia and other property around his sleeping area. After a search of the defendant, he was found to be in possession of a stolen credit card and jewelry.

ROBBERY
Jonathan Desamour, age 15, residing at 15 Hickory Avenue, Spring Valley, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crime of robbery in the second degree. District Attorney Thomas P. Zugibe stated that on or about February 21, 2013 at approximately 6:45 p.m., the defendant along with another person, forcibly stole a cellular phone from the victim. The defendant and the other person held the victim and searched his pockets before stealing his cell phone.

ASSAULT
Segundo Loja-Llivicota, age 27, residing at 25 Lafayette Street, Spring Valley, NY, was sentenced February 26, 2013, before Rockland County Court Judge William K. Nelson to a state prison term of six years and three years post release supervision after a jury found him guilty of assault in the second degree. District Attorney, Thomas P. Zugibe stated that on August 23, 2011, the defendant approached the victim in the basement of 25 North Madison Avenue in the Village of Spring Valley. Loja-Llivicota attacked the victim with a knife, causing wounds to his left arm, chest, face and head. The victim was rushed to Nyack Hospital for treatment. Executive Assistant District Attorney Stephen Moore prosecuted the case.

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE
Kirk Murray, age 33, residing at 432 E55th Street, Brooklyn, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crimes of criminal possession of a controlled substance in the third degree (two counts). District Attorney Thomas P. Zugibe stated that on or about February 22, 2012 at approximately 3:58 p.m., while traveling on the NYS Thruway in the Town of Clarkstown, when the defendant was stopped for vehicle and traffic violations. The defendant was found to be in possession of approximately 358 oxycodone pills and 238 pills labeled “A 215.”

GRAND LARCENY & CRIMINAL POSSSSION OF STOLEN PROPERTY
Jonathan Rios, age 25, residing at 941 Faile Avenue, Bronx, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crimes of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree. District Attorney Thomas P. Zugibe stated that on or about February 21, 2013, the defendant was observed by the Loss Prevention Officer at Lord and Taylor in West Nyack, attempting to run out of the store with a few pocketbooks, valued at $2,884.

BURGLARY
Michael Rooney, age 34, residing at 47 Church Street, Spring Valley, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crime of burglary in the third degree. District Attorney Thomas P. Zugibe stated that on or about February 14, 2013 at approximately 9:50 p.m., the defendant unlawfully entered the building located at 56 N. Myrtle Ave in the Village of Spring Valley with several other persons. While inside the location the defendant, while acting in concert with the others, stole property, including but not limited to, a laptop computer, a computer monitor, a charity change jar, and assorted food items.

CRIMINAL POSSESSION OF A CONTROLLED SUBSTNACE & ASSAULT
Preston Santiago, age 29, residing at 24 Pine Street, Nyack, NY, was indicted on February 22, 2013 by a Rockland County Grand Jury for the crimes of criminal possession of a controlled substance in the third degree and assault in the third degree. District Attorney Thomas P. Zugibe stated that on or about June 24, 2012 at approximately 1:26 a.m., the Orangetown Police Officers were patrolling the Village of Nyack when the defendant was standing on Franklin Street and caused the officers to drive around him. The officer exited the vehicle and the defendant shoved the officer. The defendant refused to comply with the officers’ instructions and a struggle ensued. One of the officers sustained a laceration to his hand that required stitches. The defendant was found to be in possession of 15 small bags of crack cocaine.

BURGLARY
William Sanchez, age 23, residing at 103 Tomkins Avenue, Stony Point, NY, and Michael Poulard, age 24, residing at 250 5th Avenue, Nyack, NY, were indicted on February 27, 2013 by a Rockland County Grand Jury for the crimes of burglary in the second degree. Defendant William Sanchez was additionally indicted on burglary in the second degree in two counts. District Attorney Thomas P. Zugibe stated that on or about November 13, 2012, both defendants unlawfully entered a residence on Hillside Drive in the Town of Stony and stole various items. The stolen items were two TVs, laptop, jewelry and a Wii game console. The jewelry was located at a pawn shop. On or about November 12, 2012, defendant William Sanchez unlawfully entered a residence on Strawberry Hill Lane in the Village of West Nyack and stole various items of jewelry. He also unlawfully entered another residence on Deer Run in the Town of Stony Point and stole US Savings Bonds and jewelry.

WELFARE FRAUD & OFFERING A FALSE INSTRUMENT FOR FILING
Samuel Sisco, age 30, residing at 32 Highview Court, Central Nyack, NY, was indicted on February 22, 2013 by a Rockland County Grand Jury for the crimes of welfare fraud in the third degree and offering a false instrument for filing in the first degree. District Attorney Thomas P. Zugibe stated that on or about and between April, 2011 and June, 2012, the defendant received Medicaid Assistance, Public Assistance and Food Stamps. The defendant lied about his residence. The defendant stated that he was not living with his son and that his son received benefits at the defendant’s mother’s home. In fact, the defendant, his son and defendant’s mother all resided in the same home. The defendant stole $5,992 in benefits to which he was not entitled.

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE & UNLAWFUL POSSESSION OF MARIJUANA
Todd Walker, age 47, residing at 4932 Huntington Camp Road, Eaton, NY, was indicted on February 22, 2013 by a Rockland County Grand Jury for the crimes of criminal possession of a controlled substance in the third degree (two counts) and unlawful possession of marijuana. District Attorney Thomas P. Zugibe stated that on or about January 28, 2013, the defendant was stopped for various vehicle and traffic violations by while traveling northbound on the NYS Thruway. The defendant was found to be in possession of approximately 1.2 ounces of cocaine and 14 grams of marijuana.

DWI & AGGRAVATED UNLICENSED OPERATION
Alphonso Wilkes, age 29, residing at 14 Suffern Place, Monsey, NY, was indicted on February 22, 2013 by a Rockland County Grand Jury for the crimes of driving while intoxicated as a felony (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree. District Attorney Thomas P. Zugibe stated that on or about February 20, 2011 at approximately 4:48 a.m., the defendant was observed by a Ramapo police officer drive into a closed gas station located on Route 59 in the Town of Ramapo. The defendant got out of his vehicle and kicked and pulled at the door to the gas station when the officer approached to investigate. The officer observed the defendant to be in an intoxicated state as evinced by the odor of an alcoholic beverage, glassy eyes and impaired motor coordination. The defendant blood alcohol content revealed a .11%. Further investigation revealed that defendant’s driver’s license was revoked. The defendant had a previous DWI in the Village of Spring in 2006.

CRIMINAL MISCHIEF
Robert Williams, age 25, residing at 1A Franka Place, Spring Valley, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crime of criminal mischief in the third degree. District Attorney Thomas P. Zugibe stated that on or about January 14, 2013 at approximately 8:25 a.m., while an inmate in the Rockland County Jail, the defendant picked up a chair and violently throw it to the ground. The defendant damaged the chair beyond repair, the chair was valued at approximately $250.

FAILURE TO REGISTER OR VERIFY ADDRESS
Shikile Williamson, age 41, residing at 24 South Street, Haverstraw, NY, was indicted on February 27, 2013 by a Rockland County Grand Jury for the crime of failure to register or verify address, correction law. District Attorney Thomas P. Zugibe stated that on or about February 1, 2013, the defendant failed to report his change of address as a result of his Level 2 Sex Offender registry. Upon his release from prison he had registered with DC JS as residing at 36 Columbus Avenue in the Village of Spring Valley. After further investigations from the Spring Valley Police Department, they learned that the defendant in fact does not reside at the registered address and was subsequently arrested.

PRESS RELEASE FROM THE NY ATTORNEY GENERAL’S OFFICE

NEW YORK – Attorney General Eric T. Schneiderman announced today that his office has filed a lawsuit against two companies for illegally selling contraband cigarettes without paying the required state excise taxes. The lawsuit, which is the result of an ongoing investigation into contraband cigarette sales across the state, was filed in U.S. District Court for the Eastern District of New York against Grand River Enterprises based on Six Nations land in Ohsweken, Ontario and its wholesaler, Native Wholesale Supply, located in Perrysburg, New York. 

The lawsuit charges that Grand River Enterprises avoided state taxes by illegally selling its products to Native Wholesale Supply instead of a New York State licensed stamping agent who would prepay the New York State cigarette excise tax and affix the state tax stamp, as required under the law. During the eight month period from November 2011 to July 2012, Native Wholesale Supply paid $85 million to Grand River Enterprises for its cigarettes, which accounts for more than three million cartons of cigarettes and a potential tax loss to the state of more than $13.2 million. Under federal law, Grand River Enterprises could face a civil penalty of up to two percent of the gross sales of cigarettes for the year. Based on 2011-2012 sales, the company’s civil penalty could be tens of millions of dollars. 

“The illegal sale of contraband cigarettes violates both state and federal laws, robs New Yorkers of the funds to pay for essential state services, places legitimate businesses that play by the rules at a competitive disadvantage, and makes it easier for young people to take up a deadly habit,” said Attorney General Schneiderman. “My office is committed to taking action to stop the illegal sale of contraband cigarettes to protect our state’s fiscal and physical health, and ensure all businesses in New York are playing by one set of rules.” 

According to the complaint filed today in federal court, Grand River has sold and distributed its tobacco products in New York without shipping its cigarettes to a New York State licensed stamping agent who would pre-pay the New York State cigarette excise tax and affix the state tax stamp, as required by state tax laws. Licensed stamping agents are the only entities in the State authorized by the New York Department of Taxation and Finance to affix a tax stamp and collect the excise tax due. On-reservation cigarette sales to tribal members can be made tax-free, but those cigarettes must nonetheless have the tax stamp affixed by a licensed stamping agent. 

The lawsuit is the result of an ongoing investigation into contraband cigarette sales across the state. The lawsuit charges Grand River Enterprises and Native Wholesale Supply with selling illegal cigarettes in New York and is based on several incidents that establish the companies are selling and trafficking large quantities of illegal, untaxed cigarettes.

• On November 6, investigators from the Attorney General’s office purchased unstamped Grand River Seneca brand cigarettes from a smoke shop on the Poospatuck Reservation in Mastic on Long Island. The purchases came as investigators spotted over 50 cartons of Seneca brand cigarettes on display in the store. 

• On January 16, 2013, as part of Attorney General Schneiderman’s investigation, ATF agents raided the Skydancer smoke shop in Seneca Falls where they seized, among other items, over 16,230 cartons of unstamped Seneca brand cigarettes. With 10 packs in each carton, and 20 cigarettes in each pack, ATF agents seized over 3 million contraband Seneca brand cigarettes at that one location.

The federal Contraband Cigarette Trafficking Act (CCTA) makes it unlawful to possess, sell or distribute over 50 cartons of untaxed cigarettes in a state, such as New York, that requires tax stamps and tax collection. Defendants also violated the federal Prevent All Cigarette Trafficking (PACT) Act and New York State tax and public health laws by not reporting these sales to the Department of Taxation and Finance, as required. 

In December of 2012 Attorney General Schneiderman filed a lawsuit against King Mountain Tobacco Company for selling hundreds of thousands of its cigarettes in New York each year without paying the required state excise tax. 

The matter is being litigated by Tobacco Compliance Bureau Assistant Attorney General Sarah Evans under the supervision of Tobacco Compliance Bureau Chief Dana Biberman and First Deputy of Affirmative Litigation Janet Sabel.

On March 3 at approximately 9:35 a.m. Ramapo Police were called by a neighbor to an unoccupied building at 66 Main St. Monsey, NY. The witness advised that a male white was observed going into the back door of the building. The witness also advised that they did not recognize the male and that they heard loud banging noises from inside the building. Officers arrived at the scene and found a 55-year-old male by the name of Benjamin Huntoon, of Monsey, inside the building. Investigation revealed that Mr. Huntoon was removing copper piping and scrap metal from the abandoned building to be sold as scrap. Mr. Huntoon was arrested and charged with Burglary in the third degree,  classa D felony, criminal mischief in the third degree, a class E felony, petit larceny, a class A misdemeanor and possession of burglar tools, a class A misdemeanor. Mr. Huntoon was processed at Ramapo Police Department and was held at Rockland County Jail on $2,500 bail.

From the Clarkstown PD Office of Public Information

On Saturday, March 9, 2013 at approximately 1 p.m. units were dispatched to Middletown Road at intersection with West Clarkstown Road for a motor vehicle accident.

Police said Donna Weldon, 45, from Congers, was driving a 2007 Hyundai north on Middletown Road when she rear-ended a 1991 Pontiac. In Weldon’s car was a passenger less than 16 years of age.

According to police Weldon had the odor of an alcoholic beverage on her breath and was administered field sobriety tests, which she failed.  Weldon was transported to the Clarkstown Police Headquarters where she submitted to a breathalyzer test in which she also failed.  Weldon was also administered a urine test, the results are pending, police said.

Weldon was charged with one count of aggravated driving while intoxicated with a passenger less than 16 (felony), one count aggravated driving while intoxicated with a blood alcohol concentration greater than .18 (misdemeanor), driving while ability impaired by combined influence of drugs and alcohol, driving while intoxicated (common law), and endangering the welfare of a child (all misdemeanors).

Weldon is currently being held for arraignment.  No injuries were sustained.  No photo of Weldon is available at this time.

PRESS RELEASE FROM AG’S OFFICE

AG Schneiderman says two pharmacists (one from Rockland and one from Westchester) illegally steered Medicaid bills through another company for pharmacies barred from doing business with program

PEARL RIVER – Attorney General Eric T. Schneiderman on March 12 announced the arrest and arraignment of two Rockland and Westchester County pharmacists on charges of stealing more than $500,000 from New York State’s Medicaid program. According to the charges filed today in County Court, Rockland County, New City, New York Shaheen Begum, 57, of New City and Syed Rahman, 62, of Briarcliff Manor conspired to use Rahman’s pharmacy to bill the Medicaid program for prescriptions filled by Begum after Begum’s Kwik Aid Pharmacy was barred by the State from doing business with Medicaid. The defendants face imprisonment of up to 5 to 15 years if convicted of the top charge of grand larceny in the second degree.

In addition to issuing indictments for Rahman and Begum as individuals, the Attorney General’s office also filed charges against the pharmacies they owned and operated: Kwik Aid Pharmacy, Inc. of New City, Haverstraw Pharmacy Inc. of Garnerville, and Prescription Plus Corporation, a pharmacy in Briarcliff Manor.

“My office has zero tolerance for pharmacists who rip off the taxpayers by defrauding New York’s Medicaid program,” said Attorney General Schneiderman. “When unscrupulous operators scam the system, they are stealing from the taxpayers and threatening programs that are intended to provide vital health services to low income individuals and families. My office will use every tool at our disposal, including criminal prosecutions like this, to weed out waste, fraud and abuse in our State’s Medicaid program.”

In January 2008, the state agency that regulates pharmacies in New York determined that both Shaheen Begum and Kwik Aid Pharmacy were guilty of professional misconduct. In addition, they were also kicked out of the Medicaid program. This exclusion from Medicaid prohibited either Begum or Kwik Aid Pharmacy from serving Medicaid patients or seeking payment from Medicaid.

Schneiderman said that ather than complying with the penalty, Begum conspired with Syed Rahman, the owner of Prescription Plus, to submit claims for payment under Prescription Plus’ Medicaid provider number for prescriptions that Begum continued to accept and process at Kwik Aid. Begum and Rahman engaged in the same scheme with Haverstraw Pharmacy, which was also operated by Begum and which had never been approved as a Medicaid provider. This scheme cost more than $500,000 in prescriptions that were improperly paid for by Medicaid, the AG’s Office said.

In 2011, Attorney General Schneiderman launched an initiative to bolster his office’s Medicaid Fraud Control Unit (MFCU) and create a Taxpayer Protection Bureau to crack down on fraud. At no cost to taxpayers, Schneiderman added dozens of additional prosecutors, investigators and auditors to the team charged with investigating, penalizing, and prosecuting individuals and companies responsible for improper or fraudulent Medicaid billing schemes. The MFCU utilizes a team-based approach to identify and investigate frauds committed by hospitals, nursing homes, pharmacies, doctors, dentists, nurses, and other health care entities billing the Medicaid Program. In the last two years, MFCU has charged dozens of health care professionals and corporations, including doctors, pharmacists and nurses, with defrauding the Medicaid program and recovered more than $478 million in money stolen from New Yorkers.

The case is being prosecuted by Special Assistant Attorney General William McClarnon of the Attorney General’s Medicaid Fraud Control Unit, under the supervision of Regional Director Anne Jardine, Special Deputy Attorney General Monica Hickey-Martin and Executive Deputy Attorney General for Criminal Justice Kelly Donovan.

The investigation was led by Senior Special Investigator Frank DiChiaro, under the supervision of Supervising Special Investigator Paul Greenspan and Chief Investigator Thaddeus Fisher, and Principle Special Auditor Investigator Jean Moss and Associate Special Auditor Investigator David Lee, under the supervision of Regional Chief Auditor John Regan.

The charges filed in this case are accusations. The defendants are presumed innocent until proven guilty in a court of law.