New
York Traffic Ticket Defense Attorney
If you have received a summons, ticket or moving violation in New York
or New Jersey, wherever it is in NY State, you have come to the right
place. My offices have handled over 13,000 moving violations
in courts all over NYC, Upstate New York, Long Island and New Jersey. Scan and email me your ticket to NY Traffic Ticket Defense
Attorney or fax it to 845-818-3905 and make sure
include your email address on your fax so that I can respond
ASAP. Or call 800- 768-3234.
THE TVB - TRAFFIC VIOLATIONS BUREAU TICKETS
If you received the Ticket and it states anywhere on the ticket "TVB -
Traffic Violations Bureau" then you must appear in Staten Island TVB,
or Suffolk County TVB or Brooklyn South TVB or Brooklyn North TVB or
Queens South TVB or Queens North TVB or Manhattan South TVB or,
Manhattan North TVB or Bronx TVB, or Rochester TVB or Buffalo TVB. If
so, I am afraid that I am the bearer of a little bad news, because
there is no plea bargaining in NY TVB. That means in the NY
TVB DMV Hearing Offices, it is win or lose all or nothing. If
we beat the ticket, you get no points, no fines, and no surcharges, if
we lose you get hit with everything. The good news is that if
you hire us you will get among the best in the business at fighting
tickets in the TVB, where we are very successful and we have a good
chance of beating the ticket. And you don't have to miss a
day of work to show up to court in the TVB. Scan and email me your ticket to NY Traffic Ticket Defense
Attorney or fax it to 845-818-3905 and make sure
include your email address on your fax so that I can respond
ASAP. Or call 800- 768-3234.
Upstate New York - Nassau County and Eastern Suffolk County TICKETS If you received
the ticket in upstate New York, Nassau County or Eastern Suffolk
County, for example in Cortlandville Town Court, Tuxedo Town Court,
Athens Town Court, Ramapo Town Court, Plattekill Town Court, Greenburgh
Town Court, Albany City Court, Yonkers Traffic court or Orangetown Town
Court, the good news is that we can plea bargain. That means that we can go to court and get the
points and fines and surcharges reduced or in some cases eliminated
altogether, without you even having to show up. Scan and
email me your ticket to NY
Traffic Ticket Defense Attorney or fax it to
845-818-3905 and make sure include your email address on your fax so
that I can respond ASAP. Or call 800-768-3234.
New Jersey Municipal Court
Tickets If you received the ticket in Ne Jersey, such as in
the Palisades Interstate Police Court, Bergen County Municipal Court,
Newark Municipal Court, Fort Lee, Jersey City or Mahwah Municipal Court
to name a few, we can help you out. Unfortunately, unless you
live very far away from the New Jersey Municipal court in question, you
usually have to show up in person with us. Usually we can
work out a plea bargain whereby you will pay a fine but get no or less
points. Scan and email me your
ticket to NY Traffic
Ticket Defense Attorney or fax it to 845-818-3905
and make sure include your email address on your fax so that I can
respond ASAP. Or call 800-768-3234.
The
New York Driver Violation Point System
The NY DMV driver violation point system is used by the State of New
York to identify bad drivers.
Someone who gets convicted of three speeding violations within an
18-month period, regardless of how many driver violation points you
have. Also, if someone gets 11 points within 18 monts, they
are
also suspended. Other reasons to be suspended are for failure
to
answer a ticket, or pay a fine, or for failure to pay the Driver
Responsibility
This table lists the number of points given for specific traffic
violations:
Violation Points Violation Points
Speeding (MPH over speed limit not indicated) 3 Following too closely 4
Speeding (MPH over speed limit): Passing improperly, changing lanes
unsafely, driving to the left of center, driving in the wrong direction
3
1 - 10 MPH 3
11 - 20 MPH 4 Failed to obey a traffic signal, a Stop sign, or a Yield
sign 3
21 - 30 MPH 6 Railroad crossing violation 3
31 - 40 MPH 8 Failed to yield the right-of-way 3
More than 40 MPH 11 Passenger safety violation, including seat belt and
child safety seat violations for passengers under the age of 16 3
Reckless driving 5 Left the scene of an accident that includes property
damage or the injury of a domestic animal 3
Failed to stop for a school bus 5 Other moving violations 2
Inadequate brakes 4 Inadequate brakes (vehicle of an employer) 2
How the DMV Calculates Your Point Total
The DMV computer system automatically calculates your point total as
follows:
You must be convicted of the traffic violation for the points to be
added to your point total, but the calculation of your point total is
based on the date of the violation, not the date of the conviction.
The points for violations that all occurred within the last 18 months
of one another are added together to calculate your point total.
The record of the conviction, and the points, are listed on your driver
record for as long as the conviction remains on your record. The
information about the conviction and points is not removed after 18
months from the violation date. Only the calculation of your point
total changes. Learn more about convictions and your driver record.
Point Total Example
You are convicted of a 3-point violation and the violation occurred on
January 1, 2009. You are later convicted of a 4-point violation that
occurred on July 1, 2010. Your point total includes the points from
both violations, because they both occurred with a single 18-month
period. Your point total is 7 points.
In about 2005, there was a change to the law, adding a new tax known as
the Driver Responsibility Program. The Law now requires
drivers
who are convicted of specific traffic violations to pay an assessment
to the DMV. The Driver Responsibility Program applies to all drivers
who operate, or operated, a motor vehicle in the State of New York,
regardless of the state the motorist is licensed in. The purpose of the
Driver Responsibility Program is to gain revenue for the State of New
York and to encourage good driving. Failure to pay
the DRA,
leads to suspension and if you are caught driving after that, you can
be arrested and charged with aggravated unlicensed driver, which is a
misdemeanor - a crime in NY punishable by up to 30 days in jail.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
So, if you have received one or more of the
following moving violations in New York State or NYC or New
Jersey: a
11 Point School Zone Speeding ticket in Queens North TVB, a 11 Point
Speeding ticket in Ramapo Town Court, a 2 Point Blocking Driver's view
ticket in Manhattan South TVB, a 2 Point Careless Driving ticket in
Manhattan North TVB, a 2 Point Careless Driving ticket in Brooklyn
South TVB, a 2 Point Crossing over Double Yellow Line ticket in Bronx
TVB, a 2 Point Driving on Shoulder ticket in Orangetown Town Court, a 2
Point driving on sidewalk ticket in Spring Valley Village Court, a 2
Point Fail to signal ticket in Staten Island TVB, a 2 Point Fail to
signal (which may not show up on your Canadian record at all) ticket in
Clarkstown Town Court, a 2 Point Failed to use care ticket in Suffolk
County TVB, a 2 Point Failure to comply with lawful order ticket in
NCTPVA, a 2 point Failure to obey a lawful order ticket in Greenburgh
Town Court, a 2 Point Failure to signal ticket in Queens South TVB, a 2
Point Failure to yieled to pedestrian (NJ) ticket in Bedford Town
Court, a 2 Point improper Turn ticket in Yonkers City Court - Traffic
Part, a 2 point speeding ticket in Brooklyn North TVB, a 2 Unsafe
Backing ticket in Fine, a 3 Drove to the left of pavement markings
ticket in East Fishkill Town Court, a 3 Point Child not ticket in
seatbelt ticket in Tuxedo Town Court, a 3 point disobey green arrow
ticket in Wallkill Town Court, a 3 Point driving wrong way on one-way
street (VTL 1127A) ticket in Woodbury Town Court, a 3 point Failure to
keep right ticket in Cortlandville Town Court, a 3 Point Failure to
Yield ticket in Harrison Town Court, a 3 point improper Passing ticket
in Mamakating Town Court, a 3 Point interfering with safe operation
ticket in Liberty Town Court, a 3 Point non-work zone Speeding ticket
in Chestnut Ridge Village Court, a 3 point Red Light ticket in
Palisades Interstate Park Police Court, a 3 Point Speeding ticket in
Manhattan Criminal Court (346 Broadway), a 3 Point Speeding ticket
ticket in Southeast Town Court, a 3 Point Stop Sign ticket in AuSable
Town Court, a 3 Point Stop Sign ticket in White Plains City Court, a 3
point Unsafe Lane Change ticket in Athens Town Court, a 3 point Unsafe
Passing ticket in Schroon Town Court, a 3 Point Unsafe U-Turn ticket in
Haverstraw Town Court, a 3 Point Work Zone Speeding ticket in Barker
Town Court, a 3 Points ticket in Canada Speeding ticket in Cornwall
Town Court, a 39:4-97.2 (No Point Unsafe Driving) ticket in
Chesterfield Town Court, a 4 Point Following too closely ticket in
Schuyler Town Court, a 4 Point Improper Passing ticket in Amherst Town
Court, a 4 Point School Zone Speeding ticket in Avoca Town Court, a 4
Point Speeding ticket in Newburgh Town Court, a 4 Point Work Zone
Speeding ticket in Lewis Town Court, a 5 Point Following too Closely
ticket in Stony Point Town Court, a 5 Point Passing School Bus ticket
in Chester Town Court, a 5 Point Racing on Highway (39:4-52) ticket in
Bronx Criminal Court, a 5 Point Reckless Driving ticket in Thompson
Town Court, a 5 Point Speeding ticket in Chenango Town Court, a 6 Point
School Zone Speeding ticket in Ulster Town Court, a 6 Point Speeding
ticket in Mount Pleasant Town Court, a 6 Point Work Zone Speeding
ticket in Suffern Village Court, a 8 Point School Zone Speeding ticket
in Plattsburgh Town Court, a 8 Point Speeding ticket in Catskill Town
Court, a 8 Point Work Zone Speeding ticket in Goshen Town Court, a
Adult Seatbelt ticket in New Rochelle City Court, a Aggravated
Unlicensed Driver 2nd ticket in Monroe Town Court, a Aggravated
Unlicensed Driver ticket in Kirkwood Town Court, a Avoiding an
intersection ticket in Glen Town Court, a Broken Speedometer (no Point)
ticket in Yorktown Town Court, a Cell-phone ticket in Queens Criminal
Court, a Code Violation ticket in Stanford Town Court, a Dangerous
Driving ticket in Claverack Town Court, a
Dismissed ticket in Sloatsburg Village Court, a disobey green arrow
ticket in Albany City Court, a Disorderly Conduct ticket in Suspension
lift fee, a driving ticket in center lane ticket in South Nyack Village
Court, a driving on shoulder ticket in Chazy Town Court, a Driving on
the wrong way ticket in North Castle Town Court, a Driving too Slowly
ticket in Highlands Town Court, a Driving with ability impaired ticket
in Pembroke Town Court, a Drove across hazard markings ticket in Putnam
Valley Town Court, a Drove to the left of pavement markings ticket in
Hancock Town Court, a Drunk Driving ticket in Of Counsel Fee
Adjustment, a Expired license ticket in Orleans Town Court, a Expired
Registration ticket in Kent Town Court, a Facilitating Aggravated
Unlicensed Driver (non-criminal) ticket in Southampton Town Court, a
Failed to remove debris from highway ticket in Colonie Town Court, a
Failed to use designated lane ticket in Islandia Village Court, a
Failure to dim high-beams 2 point ticket in Brutus Town Court, a
Failure to notify DMV of change of address ticket in Dickinson Town
Court, a Failure to Obey a traffic control device -VTL 1110a (2 point)
ticket in Bethlehem Town Court, a Failure to Obey a traffic control
device -VTL 1110a (2 point) ticket in Blooming Grove Town Court, a
Failure to produce documentation ticket in Windsor Town Court, a
Failure to use designated lane ticket in Pamelia Town Court, a Failure
to use flashers ticket in Rockland Town Court, a Failure to use hand
signals (should be no points ticket in Canada) ticket in Wesley Hills
Village Court, a Harassment ticket in North Hudson Town Court, a High 4
Point Speeding ticket in LaGrange Town Court, a High 5 Point Speeding
ticket in New Paltz Town Court, a High 6 Point Speeding ticket in Lisle
Town Court, a High 8 Point Speeding ticket in Chester Village Court, a
HOV lane violation ticket in Hillburn Village Court, a Improper Plates
ticket in Tonawanda Town Court, a Imprudent speed ticket in Champlain
Town Court, a Lane Violation ticket in Lewiston Town Court, a leaking
unwholesome substance ticket in Rotterdam Town Court, a leaving an
abandoned vehicle (no points) ticket in Saugerties Town Court, a
Leaving Scene Accident Personal Injury ticket in Queens North TVB, a
Leaving Scene Accident Property Damage ticket in Queens North TVB, a
Littering (no points) ticket in Ramapo Town Court, a Local violation
(not likely to appear on your record) ticket in Manhattan South TVB, a
Log Book Violation (criminal) ticket in Manhattan North TVB, a No
Commercial Vehicle on Highway ticket in Ramapo Town Court
a No Helmet ticket in Bronx TVB, a No HUT permit ticket in Orangetown
Town Court, a No Passing ticket in Spring Valley Village Court, a No
Point Administrative Code ticket in Staten Island TVB, a No Point
Cell-phone ticket ticket in Clarkstown Town Court, a No point equipment
violation ticket in Suffolk County TVB, a No Point leaving car
unattended ticket in NCTPVA, a No point leaving vehicle unattended
ticket in Greenburgh Town Court, a No Point Seatbelt ticket in Queens
South TVB, a No point unsafely opening a car door ticket in Bedford
Town Court, a No Points ticket in Canada ticket in Yonkers City Court -
Traffic Part, a No Safety Chain (misd) ticket in Brooklyn North TVB, a
No U-Turn ticket in East Fishkill Town Court, a Non Criminal No Points
License Violation ticket in East Fishkill Town Court, a Non-Criminal
administrative section ticket in Tuxedo Town Court, a Non-Speeding Sign
Violation ticket in Wallkill Town Court, a Obstructed windshield ticket
in Woodbury Town Court, a Obstructing Government Administration ticket
in Cortlandville Town Court, a Obstructing Traffic (should be no points
ticket in NJ) ticket in Harrison Town Court, a Obstructing windshield
for vision ticket in Mamakating Town Court, a Off Truck Route ticket in
Liberty Town Court, a open container of alcohol ticket in Chestnut
Ridge Village Court, a Operating out of Class ticket in Palisades
Interstate Park Police Court, a Operating while Registration Susp or
Revoked ticket in Manhattan Criminal Court (346 Broadway), a Overweight
Vehicle ticket in Southeast Town Court, a Palisades Interstate Park
Sign Violation (which will probably never show up on your abstract)
ticket in AuSable Town Court, a Parking (no points) ticket in White
Plains City Court, a Speeding ticket in Athens Town Court, a Spill back
- blocking the box ticket in Schroon Town Court, a Suspended Driver
ticket in Haverstraw Town Court, a Suspended Registration ticket in
Barker Town Court, a Trespassing ticket in Cornwall Town Court, a
Unauthorized use of trailer ticket in Chesterfield Town Court, a
Unclear Plates ticket in Schuyler Town Court, a Uninspected Vehicle
ticket in Amherst Town Court, a Uninsured ticket in Avoca Town Court, a
Unlawful Possession of Marijuana ticket in Newburgh Town Court, a
Unlicensed Driver (VTL 509) ticket in Lewis Town Court, a Unregistered
motor vehicle ticket in Stony Point Town Court, a Unsafe Merge ticket
in Chester Town Court, a Unsafe Passing ticket in Bronx Criminal Court,
a Unsafe start ticket in Thompson Town Court, a Village ordinance (not
likely to appear on your record) ticket in Chenango Town Court, a
Violation not affecting your CDL ticket in Ulster Town Court, a VTL
1175 ticket in Mount Pleasant Town Court, a VTL 1175 - Obstructing an
intersection (2 point) ticket in Suffern Village Court, a VTL 1201(a)
Stop/Park Violation ticket in Plattsburgh Town Court, a Weaving between
lanes ticket in Catskill Town Court, we can handle it.
Florida:
A Florida man who was arrested for drunk driving had to deal with
getting arrested and attacked by his pet squirrel at the same time so
he says.
Warren Thomas Michael 23 said "he had a squirrel eating him" when
officers pulled him over on Saturday night in Fleming Island Fla.
according to the arrest report.
"The defendant pointed out a small squirrel he had wrapped under his
shirt " Police Officer JC Saunders wrote.
Michael talked about his squirrel with slurred mumbled and
profanity-laden speech. His bloodshot eyes appeared glassy above his
red cheeks the report describes.
"After some discussion about the squirrel " Officer Saunders
explained why he pulled Michael over.
Earlier Michaels car allegedly swerved in and out of lanes ran off the
road and almost hit someone. That person called the authorities. When
Saunders arrived he reportedly witnessed Michaels car weave back and
forth and cross the fog line onto the grass.
Michael could not answer the officers simple questions while looking
for his license and registration. The police also smelled alcohol so he
had "the defendant secure the squirrel" and go through sobriety tests.
The defendant Michael was arrested and taken to Clay County Jail
where he was charged with driving under the influence and driving
without a seat belt. He also received a written warning for driving a
vehicle in unsafe conditions.
Michaels pet squirrel and vehicle were released to his girlfriend.
CAMDEN NJ USA—A Camden County man today admitted concealing from
law enforcement authorities information about a home invasion and
kidnapping that led to the death of an Atlantic City woman U.S.
Attorney Paul J. Fishman announced.
Ronnie Ruffin 43 of Lindenwold New Jersey pleaded guilty before U.S.
District Judge Joseph H. Rodriguez in Camden federal court to in
information charging him with one count of misprison of a felony.
According to documents filed in this case and statements made in court:
Ronnie Ruffin was arrested October 18 2011. Prior to his arrest he had
learned that on March 26 2011 Nadirah Ruffin (no relation) was the
victim of a home invasion and was kidnapped from Atlantic City New
Jersey. Ronnie Ruffin also learned Nadirah Ruffin was driven to
Philadelphia shot and killed. Her body was found in the Schuylkill
River on April 19 2011. Ronnie Ruffin admitted that before his arrest
that he had learned the home invasion and kidnapping of Nadirah Ruffin
were orchestrated to retaliate for an assault on another individual.
After Ronnie Ruffin was arrested he gave a statement to an FBI special
agent and a Atlantic City Police Department detective in which he
concealed and failed to immediately make known that he knew the
identities of the individuals involved in the home invasion and
kidnapping.
The charges to which Ronnie Ruffin pleaded guilty carry a maximum
potential penalty of three years in prison and a fine of $250 000.
Sentencing is scheduled for January 10 2013.
U.S. Attorney Fishman credited special agents of the FBI under the
direction of Special Agent in Charge Michael B. Ward; investigators
from the Atlantic County Prosecutor’s Office under the direction of
Acting Prosecutor James P. McClain; and detectives from the Atlantic
City Police Department under the direction of Deputy Chief Ernest
Jubilee Commander of the Atlantic City Police Department for the
investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Jason M.
Richardson and Matthew T. Smith of the U.S. Attorney’s Office Criminal
Division in Camden.
Medicare Fraud Strike Force operations in seven cities have led to
charges against 91 people—including doctors nurses and other licensed
professionals—for their alleged participation in Medicare fraud schemes
involving $429.2 million in false billing. FBI Associate Deputy
Director Kevin Perkins joined Attorney General Eric Holder Health and
Human Services Secretary Kathleen Sebelius and other government
officials at a Washington D.C. press conference announcing the
takedown.
The largest number of defendants were charged in Miami—a total of 33
for their alleged participation in various fraud schemes involving a
total of $204.5 million in false billings for home health care mental
health services occupational and physical therapy and durable medical
equipment. Other defendants were charged in Los Angeles (16) Brooklyn
(15) Dallas (14) Baton Rouge (4) and Chicago (2).
According to court documents defendants were charged in schemes to
submit claims to Medicare for treatments that were medically
unnecessary and often never provided. In many cases patient recruiters
Medicare beneficiaries and others were allegedly paid kickbacks in
return for supplying beneficiary information to the providers who
submitted the fraudulent claims.
Perkins who called the strike force’s partnerships “a critical piece of
our strategy” to “protect the integrity of Medicare and the health care
system at large ” also offered steps that the public—especially
Medicare and Medicaid beneficiaries and their family members—can take
to help prevent fraud:
Beware of suspicious activity including marketers offering money gifts
or free services to patients;
Review explanation of benefits forms sent by your insurance company
(and contact your company immediately if you see any suspect billings);
Protect your insurance card information the same way you would protect
your credit card information;
NEWARK—A Newark New Jersey man made his initial court appearance
today following his arrest in connection with two bank robberies U.S.
Attorney Paul J. Fishman announced.
Alfred Ferguson 55 is charged by complaint with two counts of bank
robbery. The defendant appeared today before U.S. Magistrate Judge
Madeline Cox-Arleo in Newark federal court. He was ordered detained
without bail.
According to the complaint:
Ferguson allegedly robbed the Garden State Community Bank in Newark on
September 17 2012 and October 9 2012. Ferguson used a similar procedure
for both robberies: after entering the bank wearing a red bandana over
the lower part of his face Ferguson would verbally threaten the bank
teller vault over the glass partition and empty money from bank
tellers’ drawers. Following the latest robbery officers of the Newark
Police Department spotted Ferguson fleeing the scene on a bicycle.
If convicted on the bank robbery charges Ferguson faces a maximum
potential penalty of 20 years in prison and a fine of $250 000 or twice
the gross gain or loss from the offense for each count with which he is
charged.
U.S. Attorney Fishman credited special agents of the FBI under the
direction of Special Agent in Charge Michael B. Ward with the
investigation leading to charges. He also thanked the Newark Police
Department for their contribution to the case.
The government is represented by Assistant U.S. Attorney David M. Eskew
of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely
accusations and the defendant is presumed innocent unless and until
proven guilty.
Fort Dix Inmate Sentenced to 10 Years in Prison for Death of
Another Inmate Connecticut Man Pushed Victim Down Flight of Stairs
During Argument
U.S. Attorney’s Office
October 12 2012 District of New Jersey
(973) 645-2888
CAMDEN NJ—A Connecticut man serving a prison sentence at the Ft. Dix
Federal Correctional Institution was sentenced today to an additional
120 months in prison for pushing a fellow inmate to his death during an
argument U.S. Attorney Paul J. Fishman announced.
David Besaw 27 of Newington Connecticut previously pleaded guilty
before District Court Judge Noel L. Hillman to an information charging
him one count of voluntary manslaughter in the November 4 2010 death of
an inmate identified only as “F.F.” Judge Hillman imposed the sentence
today in Camden federal court.
According to documents filed in the case and statements made in court:
Besaw said he was sleeping when F.F. punched the back of his bunk. The
two men had an argument after which F.F. left their cell. Besaw
followed F.F. into a nearby stairwell saw F.F. standing at the top of
the stairwell and deliberately pushed him from behind causing him to
fall down the stairs. F.F. died as a result of the injuries he suffered
in the fall.
In addition to the prison term Judge Hillman sentenced Besaw to three
years of supervised release and ordered him to pay $9 577 to the
victim’s family for funeral expenses.
U.S. Attorney Fishman credited the warden of Fort Dix Federal
Correctional Institution Donna Zickefoose; and special agents and
investigators of the FBI under the direction of Special Agent in Charge
Michael B. Ward for the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorney Diana Carrig
of the U.S. Attorney’s Office Criminal Division in Camden.
Preet Bharara United States Attorney for the Southern District of New
York and George Venizelos the Assistant Director in Charge of the New
York Field Office of the Federal Bureau of Investigation (FBI)
announced today the unsealing of a complaint charging New York State
Senator Malcolm Smith New York City Council Member Daniel Halloran and
four others with bribery extortion and fraud charges. The charges
against the defendants arise from an undercover investigation of three
distinct but related bribery schemes involving public corruption. In
the first scheme Smith allegedly arranged for cash bribes totaling $40
000 to be paid to Vincent Tabone and Joseph Savino two New York City
Republican county leaders as part of an effort by Smith who is a
Democrat to appear on the Republican primary ballot as a mayoral
candidate in the 2013 election. Halloran is alleged to have received
approximately $20 500 in cash bribes to act as an intermediary with
Tabone and Savino on Smith’s behalf. In the second scheme Halloran
allegedly received approximately $18 300 in cash bribes and $6 500 in
straw donor campaign contribution checks in exchange for agreeing to
steer up to $80 000 of New York City Council discretionary funding to a
company he believed was controlled by those who paid him the bribes.
The final scheme involved Noramie Jasmin and Joseph Desmaret the mayor
and deputy mayor of the Village of Spring Valley in Rockland County and
their alleged receipt of financial benefits including Jasmin’s receipt
of a hidden interest in a real estate project and Desmaret’s receipt of
approximately $10 500 in cash bribes in exchange for official acts. All
six defendants were arrested this morning and will be presented later
today in White Plains federal court before U.S. Magistrate Judge Lisa
Margaret Smith.
Manhattan U.S. Attorney Preet Bharara said “Today’s charges demonstrate
once again that a show-me-the-money culture seems to pervade every
level of New York government. The complaint describes an unappetizing
smorgasbord of graft and greed involving six officials who together
built a corridor of corruption stretching from Queens and the Bronx to
Rockland County and all the way up to Albany itself. As alleged Senator Malcolm Smith tried to
bribe his way to a shot at Gracie Mansion-Smith drew up the game plan
and Councilman Halloran essentially quarterbacked that drive by finding
party chairmen who were wide open to receiving bribes. After the string
of public corruption scandals that we have brought to light many may
rightly resign themselves to the sad truth that perhaps the most
powerful special interest in politics is self-interest. We will
continue pursuing and punishing every corrupt official we find but the
public corruption crisis in New York is more than a prosecutor’s
problem.”
FBI Assistant Director in Charge George Venizelos said “Elected
officials are called public servants because they are supposed to serve
the people. Public service is not supposed to be a shortcut to
self-enrichment. People in New York in Spring Valley—in any city or
town in this country—rightly expect their elected or appointed
representatives to hold themselves to a higher standard. At the very
least public officials should obey the law. As alleged these defendants
did not obey the law; they broke the law and the public trust. There is
a price to pay for that kind of betrayal.”
According to the allegations in the complaint unsealed today in White
Plains federal court:
Scheme to Bribe New York City Republican Party Committee Leaders
Under New York State law a person seeking to run for a citywide
position in New York City may not have his or her name listed as a
candidate on the ballot if he or she is not a registered member of the
party having the primary contest unless he or she receives the approval
of at least three of the five chairmen of the county committees for
that party. The approval is given in the form of what are known as
Wilson Pakula certificates which are signed by the approving chairmen.
Smith a Democrat was first elected to the New York State Senate in
March 2000 and represents the 14th Senatorial District in Queens New
York. He is chairman of the Independent Democratic Conference of the
State Senate and among other positions has served as the State Senate’s
minority and majority leader. Smith has spoken publicly about his
desire to run for mayor of New York City in 2013.
Halloran a Republican was elected to the New York City Council in 2009
and represents the City Council’s 19th District in Queens New York.
Halloran ran unsuccessfully for the United States Congress in 2012.
Tabone and Savino are New York City Republican Party officials. Savino
is the chairman of the Bronx County Republican Party and Tabone is the
vice chairman of the Queens County Republican Party. Their duties
include endorsing candidates for public office and voting on Wilson
Pakula certificates.
In November 2012 Smith agreed with Halloran an undercover FBI agent
posing as a wealthy real estate developer (the UC) and a cooperating
witness (CW) to bribe New York City Republican Party county leaders in
exchange for their issuance of Wilson Pakula certificates that would
enable Smith to run as a Republican candidate for New York City mayor
in 2013. When asked by the UC what he wanted in exchange for his help
securing the certificates Halloran said that he wanted to get his
“mortgage situation resolved ” and that if Smith was elected mayor he
would expect to be named deputy police vommissioner if he asked for the
job. He also solicited and received from the UC and the CW
approximately $20 500 in cash for himself.
In furtherance of the scheme Halloran arranged for the UC and the CW to
meet Tabone and Savino and negotiated the amounts of the cash bribes to
be paid by the UC and the CW to Tabone and Savino on Smith’s behalf.
Halloran told the UC and the CW that “You gotta get [Savino] business
but put 25 in an envelope....Tabone is 25 up front 25 when the Wilson
Pakula is delivered.” After his meeting with the UC and the CW Savino
accepted $15 000 in cash and agreed to accept another $15 000 after he
formally approved Smith’s appearance on the 2013 Republican ballot for
New York City mayor. After meeting with the UC and the CW Tabone
accepted $25 000 in cash and agreed to accept another $25 000 after his
committee approved Smith’s appearance on the 2013 Republican ballot for
New York City mayor.
In exchange for the payment of bribes to Tabone and Savino by the UC
and CW in his capacity as a New York State Senator Smith agreed to help
obtain $500 000 in New York State funds for road work that would
benefit a real estate project in Spring Valley that Smith understood
was being developed by a company controlled by the UC and CW (the
company).
Bribery of Halloran to Steer City Council Discretionary Funding
Since August 2012 to the present Halloran accepted approximately $18
300 in cash bribes and approximately $6 500 in straw donor campaign
contribution checks from the UC and the CW in exchange for agreeing to
steer up to $80 000 in New York City Council discretionary funding to
the company.
For example at a meeting on September 7 2012 at which Halloran and the
UC discussed Halloran’s need to raise money for his congressional
campaign Halloran agreed to hire someone of the CW’s choosing for a
congressional staff or some equivalent position and to help him raise
money for his campaign. During the discussion Halloran said “That’s
politics that’s politics it’s all about how much. Not whether or will
it’s about how much and that’s our politicians in New York they’re all
like that....And they get like that because of the drive that the money
does for everything else. You can’t do anything without the f—ing
money.” During the meeting the CW paid Halloran $7 500. Near the end of
the meeting Halloran remarked “Money is what greases the wheels—good
bad or indifferent.”
In furtherance of this scheme Halloran wrote two letters on New York
City council letterhead about this funding one to civic organizations
and the other to the company. Despite suggesting in these letters that
work would be done by the company to support the allotment of up to $80
000 Halloran agreed with the UC and the CW that the company would
provide no services.
Bribery of the Spring Valley Mayor and Deputy Mayor
Noramie Jasmin and Joseph Desmaret were sworn in as mayor and deputy
mayor of the Village of Spring Valley New York in December 2009. From
September 2011 through the date of the complaint Jasmin and Desmaret
accepted financial benefits from the UC and the CW in exchange for
official acts. Desmaret accepted approximately $10 500 worth of cash
bribes from the UC and the CW in exchange for among other things his
vote in favor of a sale of land owned by Spring Valley to the company a
company he believed was controlled by the UC and that would be used to
build a community center (the “real estate project”).
In exchange for her vote awarding the real estate project to the
company Jasmin demanded a partnership interest in the company stating
“So for me it’s better for us to partner that’s what I said to you
before; a partnership will be best.” When the CW later suggested that
Jasmin have a 20 percent stake in the project she replied “Partnership
is 50-50 right?”
In support of the scheme Jasmin coached the UC on how to make his
presentation to the Spring Valley Village Board of Trustees about why
the board should award the real estate project to his company. She also
coached two other individuals whom she understood were associates of
the UC and who would pose as competing developers but who were actually
undercover FBI agents on how to make their presentation to the Village
Board. In addition both Jasmin and Desmaret agreed to steer to the UC’s
company the New York State funding for road work that Smith agreed to
help the CW and the UC obtain.
* * *
Charts containing the names ages residences charges and maximum
penalties for the defendants are below.
Mr. Bharara praised the investigative work of the FBI. He also thanked
the Rockland County District Attorney’s Office and the Spring Valley
Police Department for their invaluable assistance to the investigation.
This case is being handled by the Office’s White Plains Division and
Public Corruption Unit. Assistant U.S. Attorneys Douglas B. Bloom and
Alvin Bragg are in charge of the prosecution.
The charges contained in the complaint are merely accusations and the
defendants are presumed innocent unless and until proven guilty.
* * *
United States v. Malcolm A. Smith et al.
Defendant Residence Age
Malcolm Smith Queens New York 56
Daniel Halloran Queens New York 42
Vincent Tabone Queens New York 46
Joseph Savino Rockland County New York 45
Noramie Jasmin Spring Valley New York 49
Joseph Desmaret Spring Valley New York 55 Count Charge Defendants
Maximum Penalty
One Wire fraud and Travel Act bribery
conspiracy Malcolm Smith Daniel Halloran Vincent Tabone Joseph Savino
Five years in prison
Two Wire fraud Malcolm Smith Daniel Halloran Vincent Tabone Joseph
Savino 20 years in prison
Three Hobbs Act Malcolm Smith 20 years in prison
Four Wire fraud Daniel Halloran 20 years in prison
Five Mail fraud Noramie Jasmin 20 years in prison
Six Mail fraud Joseph Desmaret 20 years in prison Google + Google Plus
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