Archive for the tag 'courts'

The Midwood building where Hussein beat his wife to death. (Source: Google Maps)

The Midwood building where Hussein beat his wife to death. (Source: Google Maps)

Noor Hussein, 75, was sentenced yesterday to 18 years to life for beating his 66-year-old wife to death in their Midwood home in 2011 after she cooked him the wrong meal.

Hussein was convicted of second degree murder last month, when a jury found him guilty of viciously beating his wife Nazar as she lay in bed, most likely asleep. The assault caused massive head trauma that led to a fatal brain hemorrhage, according to expert testimony during the trial. The medical examiner determined she had been struck more than 20 times.

When he was arrested, Hussein told police that he “disciplined” his wife earlier in the night because she cooked a meal that wasn’t to his satisfaction, but that she went to bed unharmed. Neighbors, however, testified that they had witnessed Hussein abuse his wife for years.

“This defendant viciously attacked his wife as she lay in bed, unable to defend herself. The judge has spoken and now the defendant has been held accountable for this brutal and cowardly act,” said Brooklyn District Attorney Ken Thompson in a press release.

Are you a victim of domestic violence, or believe you have friends, family or neighbors who may be? The Mayor’s Office to Combat Domestic Violence has a number of resources to assist victims. Get help now.

Source: smokershighlife/Flickr

Brooklyn District Attorney Ken Thompson announced Tuesday that his office will no longer prosecute first-time offenders arrested for low-level misdemeanor marijuana possession charges, suggesting it’s been a waste of resources that unfairly targets young men of color.

The DA laid out the new policy in a press release, saying that he will decline to prosecute marijuana cases where the defendent has no prior arrests or a minimal criminal record, and has given authorities a verifiable name and address. However, his office also provided a list of exceptions that may be prosecuted. The exceptions include cases where a defendant is nabbed smoking in public, is a sex offender, has an open warrant or the marijuana is found as a result of search warrant.

Here’s Thompson’s full statement:

“My office and the New York City Police Department have a shared mission to protect the public and we will continue to advance that goal. But as District Attorney, I have the additional duty to do justice, and not merely convict, and to reform and improve our criminal justice system in Brooklyn,” District Attorney Thompson said.

“This new policy is a reasonable response to the thousands of low-level marijuana arrests that weigh down the criminal justice system, require significant resources that could be redirected to more serious crimes and take an unnecessary toll on offenders. Pursuant to this policy, we will use our prosecutorial discretion to decline to prosecute, and dismiss upfront, certain low-level marijuana possession cases based on criteria concerning the particular individual and the circumstances of the case. For example, cases will be dismissed prior to arraignment for those with little or no criminal record, but we will continue to prosecute marijuana cases which most clearly raise public health and safety concerns.

“This policy does not express approval for the use of marijuana and should not be interpreted as such. The policy will not apply to those who smoke marijuana in public, or in the presence of children. It will not apply to 16 and 17-year-old offenders, who instead will be redirected on to a healthier path through a diversion program. It will not apply to those with a serious criminal history, to those who are known to act in a dangerous manner while under the influence, or to those who have a history of selling drugs to children,” District Attorney Thompson said.

“If the conduct in which the offender has engaged is the mere possession of a small amount of marijuana in public, it would not, under most circumstances, warrant saddling that offender with a new criminal conviction and all of its attendant collateral consequences related to employment, education and housing,” the District Attorney said.

“Furthermore, in 2013, this office processed well over 8,500 cases where the top charge was a class ‘B’ misdemeanor marijuana possession. More than two-thirds of those cases ended up being dismissed by judges, most often because the defendant was offered an adjournment in contemplation of dismissal at his or her criminal court arraignment. The processing of these cases exacts a cost on the criminal justice system and takes a toll on the individual. Given that these cases are ultimately — and predictably — dismissed, the burdens that they pose on the system and the individual are difficult to justify. We are pouring money into an endeavor that produces no public safety benefit,” the District Attorney added.

The news of Thompson’s decision will not mean a policy shift for the New York Police Department. Regardless of prosecution, possessing marijuana remains illegal, and NYPD Commissioner Bill Bratton said the announcement “will not result in any changes” at the department, suggesting cops will still make the bust.

Meanwhile, state lawmakers proposed the Fairness and Equity Act yesterday, which seeks to implement the spirit of Thompson’s decision statewide. The act aims to address racial disparities in the arrests by slashing the penalty for possession from a misdemeanor to a violation that carries a fine. It would also allow those previously convicted of possession to clear their record.

faberge

Faberge Lounge at 2007 Emmons Avenue is being sued by the 159-year-old luxury jewelry company of the same name for using its image and trademarked name in a “shameless” attempt to misappropriate the brand.

The suit, filed in Brooklyn Federal Court, alleges that the restaurant is using the name without permission to get a “free-ride” on their reputation. In addition to using the name, the restaurant has duplicated the jewelry business’ iconic purple and gold storefront stylings.

Faberge, the jewelry company born of the House of Faberge in 1855 that invented the famed ornamental eggs for Tsar Alexander III, claims that the restaurant is also flooding search engine results with ads for the restaurant, according to the Daily News.

The restaurant’s owners say it’s much ado about nothing, since they’re clearly not selling anything connected to the jewelry company.

They told the New York Post:

But owner [Vladislav] Yusufova ripped the lawsuit as ridiculous.

“We don’t sell eggs here,” he said. “We don’t sell jewelry. We sell French food in Sheepshead Bay. I don’t know why they are coming after us. I haven’t broken any laws here in America.”

Yusufova, originally from Azerbaijan, said that his lawyers would soon be in contact with Faberge’s legal team to sort out the mess. “We have this name legally, and we have nothing to do with them,” he said, noting that he’s been open for a year.

The restaurant opened in September 2013, replacing Fusion. It’s owned by the same people behind Signature, the restaurant next door that replaced Tzar. Tzar and Fusion were both shuttered after Superstorm Sandy ravaged the property.

grimm2

Grimm

Congressman Michael Grimm faces a 20-count indictment for tax evasion and illegal employment practices stemming from a restaurant he operated before running for Congress, charges he said are because the nation’s commander-and-chief wants to see him gone.

Grimm made the allegations against the Obama administration on Tuesday before a gathering of Republican supporters rallying for gubernatorial candidate Rob Astorino. He also compared the United States to oppressive regimes in Iran and North Korea.

New York Observer reported on the statements:

“They change policy, they use regulation to legislate, they circumvent the Congress–this is now the norm for the Obama administration,” Mr. Grimm fumed at the Bay Ridge Manor in Bay Ridge, Brooklyn.

“And when you look and see why they come after me so hard, every day another negative story [against] the only Republican in New York City, it becomes obvious: they don’t want any opposition. This administration wants to do what it wants to do and they want you to forget about the America that you grew up in,” he said.

… “Sometimes I wake up in the morning and I’m not sure what country I’m living in,” he said. “Four Americans are killed and murdered in Benghazi–no one’s held accountable …. The IRS, arguably the most feared agency in our entire government targeting people because of their political views. Now this happens in Iran, this happens in North Korea, but this is the United States of America.”

The site reported that the statements “drew loud cheers.”

Grimm has long maintained that the investigation against him, which began as a probe into his 2010 campaign fundraising, was a “political witch hunt” by Democrats looking to see the city’s lone Republican congressman unseated. Prosecutors, however, have submitted paperwork to the court suggesting that Grimm’s own documents show he kept two sets of books and paid employees – some of which were undocumented immigrants – in cash to avoid taxes.

Grimm’s assertion that he is the subject of political retaliation has sparked snark from colleagues, including State Senator Diane Savino. The pol, whose district is largely within Grimm’s, let forth a tirade on Facebook about Grimm’s conspiracy theory back in April:

[G]et a grip folks, Mikey is not that important, he is no threat to the power structure, he is a slick talker with a nice resume who seems to be in trouble. he was not on track for greatness as a national leader, not on track to upset the national scene. Conspiracy, please….

Grimm pleaded not guilty to the charges.

Grimm

Congressman Michael Grimm kept a cell phone registered to his undercover, mob-connected FBI alter-ego years after leaving the job, and continued to use the phone while in Congress, according to a Daily News report.

The paper cites documents released by the U.S. Attorney earlier this week that outlines their evidence in their case against Grimm, who is accused of a $1 million tax fraud scheme, as well as illegal hiring and employment practices.

The paper reports:

Rep. Michael Grimm, who posed as a mobbed-up stockbroker named Michael (Mikey Suits) Garabaldi while working undercover for the FBI, kept his wise-guy alter ego even after entering Congress, newly unsealed federal documents show.

Grimm’s cell phone was listed under a “Michael Garibaldi of Centurian Consulting” as recently as 2012, when prosecutors sought a court order for permission to track all his calls, the documents show.

The embattled Staten Island Republican, who is now under federal indictment, used the phone as his primary number as recently as last year, and even received mail addressed to a Michael Garibaldi, a source told The Daily News.

Grimm, his spokesman and his lawyer did not respond to questions Wednesday about why he used the alias more than six years after leaving the FBI — and for at least two years after entering the U.S. House in January 2011.

The story also reveals the extent of the investigation into Grimm’s 2010 campaign fundraising. That investigation came to light shortly after it began in 2012, first noted by the New York Times, yet it was unclear how far-reaching it was. The new documents show that not only were Grimm’s phone lines were being monitored by authorities, but also that of gal pal Diana Durand, who has been indicted for her alleged role in funneling illegal funds to the Republican pol, and Grimm associates Ofer Biton and Ronn Torossian, who they believed, along with Grimm, has attempted to extort money from prominent Orthodox Rabbi Yosef Pinto.

Biton has also been arrested, and is cooperating in the government’s case against Grimm.

Grimm did not respond to the paper’s requests for comment, or those of the Staten Island Advance.

In fact, he appears to be dodging questions about the investigation, having made headlines yet again this week for jumping into a car and making a getaway from this FOX Detroit reporter:

grimm2

Grimm

Federal prosecutors have released documents outlining the government’s case against Congressman Michael Grimm, revealing that Grimm’s own texts and e-mails are being entered as evidence alongside testimony from former employees and business associates.

The Daily News reports:

The preliminary list of evidence includes emails between Grimm and a “Healthalicious manager,” “documents provided by a cooperat[ing] witness,” and “records provided by a Healthalicious employee.” Also listed are “text messages between Grimm and a cooperating witness.”

The list of evidence indicates a seemingly straightforward federal case. Prosecutors plan to prove Grimm maintained a false set of books and lied in financial filings. They will contrast the phony forms with material provided by cooperating witnesses, and with Grimm’s own statements in texts and emails.

Prosecutors are turning over an extensive list of financial documents. Those include years of tax, health and labor filings by Healthalicious and its parent company, Granny Sayz, records of Grimm’s personal finances, the restaurant’s accounts, bank account and credit card records and financial disclosure forms Grimm filed in Congress from 2009 to 2012.

Prosecutors are also offering as evidence the IRS 1040 forms filed by Bennett Ofraly, Grimm’s partner in the restaurant who prosecutors say has ties to the Gambino crime family, which Grimm once investigated while an FBI agent.

Grimm pleaded not guilty to the 20-count indictment alleging the local pol hid more than $1 million in sales at a business he owned to avoid paying taxes, as well as illegally employing undocumented immigrants.

The charges surround the operations of Upper East Side eatery Healthalicious, a venture he ran from 2007 to 2010. However, he’s also charged with perjury for lying to investigators about the business’ operations when he was questioned in 2013, while already serving in the House of Representatives.

It appears the case will not be resolved until after the November 4 elections, in which he faces a challenge from Democrat Domenic Recchia.

Source: Facebook

Congressman Michael Grimm continues to face fallout from the criminal charges levied against him on Monday, with New York Republican leadership seeking ways to kick him off the ballot, and the national party booting him from programs to aid his reelection bid.

Grimm turned himself in to authorities Monday morning to respond to a 20-count federal indictment alleging tax fraud, systematically hiring undocumented immigrants and hiding more than $1 million in revenue from the government during his time as a restaurant owner before he became congressman. Grimm pleaded not guilty, and is portraying the investigation as a “political witch hunt” to unseat New York City’s only Republican in Congress.

While the congressman vowed to continue his reelection campaign, where he faces an aggressive bid from former Councilman Domenic Recchia, it seems Republican leadership in both his home borough and in Washington are reconsidering their support.

The Wall Street Journal reports that Staten Island GOP leadership are looking for ways to boot Grimm from the ballot altogether:

The road to replacing the Staten Island congressman on the ballot is narrow and complicated because the deadline for a challenger to get on the ballot passed earlier in April. Election-law experts and Republican Party officials said the sole viable option under New York law appears to be to nominate the Staten Island congressman for another office, such as running for an open judge position.

… Potential GOP candidates to run in Mr. Grimm’s place include state Sen. Andrew Lanza and state Assemblywoman Nicole Malliotakis, a person familiar with the matter said.

The paper reports that a judgeship might be the only route available, but there are no open positions at the moment. Leadership told the paper that could change by September. A defense attorney who has worked on other federal tax evasion charges noted that it’s a tough rap to beat since the prosecution builds its case on documentation as opposed to witness testimony.

Meanwhile, in D.C., Grimm’s Republican colleagues are cooling on his prospects, according to the Daily News. He’s been removed from the National Republican Congressional Committee’s “Patriot Program,” which helps candidates in swing district raise money and receive other support from the national party. He’s also been dis-invited from a fundraiser, and House Speaker John Boehner declined to defend the Congressman when questioned about the case.

The change in fortune for one of the GOP’s more charismatic candidates has him speaking in the third person:

“There are people that don’t like Michael Grimm because Michael Grimm is outspoken,” Grimm said. “I’m a Marine. I don’t relent.”

The congressman also took his message straight to supporters, posting a somewhat lengthy update on Facebook yesterday thanking them for their continued support and claiming that the “trumped-up charges against me are false.”

grimm

After turning himself into authorities yesterday morning, Republican Congressman Michael Grimm, a former FBI agent, pleaded not guilty to a 20-count indictment alleging the local pol hid more than $1 million in sales at a business he owned to avoid paying taxes, as well as illegally employing undocumented immigrants.

The charges surround the operations of Upper East Side eatery Healthalicious, a venture he ran from 2007 to 2010. However, he’s also charged with perjury for lying to investigators about the business’ operations when he was questioned in 2013, while already serving in the House of Representatives.

“Grimm made the choice to go from upholding the law to breaking it. In so doing he turned his back on every oath he had ever taken. Even after his return to public service, when called to account for his actions and questioned under oath Grimm went for the cover up, and lied about his role in his own business,” said U.S. attorney Loretta E. Lynch, who is prosecuting the case.

Lynch accused Grimm of under-reporting workers’ wages, many of whom were illegally working in the U.S., and also underreported the amount of money earned through the business – dodging local and federal tax liabilities by hundreds of thousands of dollars.

When Grimm was questioned by authorities representing Healthalicious employees suing him in 2013 as part of a federal lawsuit, he allegedly lied under oath hide the company’s questionable practices, including denying that he paid workers cash.

The entire indictment can be read here [pdf]. He is charged with perjury, wire fraud, mail fraud, obstruction of justice, employment of illegal immigrants, obstructing and impeding tax laws, and conspiracy to defraud the United States – among others. He faces up to 257.5 years in prison.

The pol, who represents all of Staten Island as well as a large swath of Southern Brooklyn that includes Bay Ridge, Bensonhurst, Gravesend and Sheepshead Bay, was released on $400,000 bail after pleading not guilty yesterday.

The charges were somewhat surprising, as many believed that Grimm would eventually be the target of an indictment for campaign fundraising violations following an investigation that has been ongoing for at least two years. Although several associates of the pol have been busted in relation to that investigation, it appears the government seized on his business dealings after failing to connect fundraising improprieties directly to the elected official.

But Lynch said yesterday that the current charges could be expanded as the investigation continues.

The New York Times reports:

Loretta E. Lynch, the United States attorney for the Eastern District of New York, did not detail why the investigation had changed. “Whenever there’s an investigation into someone’s business activities, it is usually very broad-reaching,” she said, adding that a larger investigation was continuing.

But, she said, Mr. Grimm had a sophisticated understanding of the law and finance, thanks in part to his background as an F.B.I. agent, where he did undercover work on Wall Street.

Aside from his work at the FBI, Grimm was an accountant.

Grimm remained defiant after appearing in court, holding a press conference where he described the investigation as a “political witch hunt” and vowed to continue his campaign for reelection.

The congressman did forfeit his seat on the House Financial Services Committee as a result of yesterday’s indictment.

Lynch said that her office will now also begin reviewing the cases he worked while at the FBI for potential malfeasance.

grimm

Congressman Michael Grimm turned himself into authorities this morning and will face federal charges. While the Republican politician has been dogged by a federal probe into his campaign fundraising for several years, it appears the charges to be unveiled today are connected to a restaurant he operated before entering Congress, and is separate from the campaign investigation.

The Washington Post reports:

While the investigation has focused on Grimm’s fundraising, U.S. Attorney Loretta Lynch is expected to announce an indictment centered on his restaurant business, which Grimm launched after leaving the FBI in 2006, according to officials familiar with the investigation who spoke on the condition of anonymity to discuss the pending charges.

The state fined the Upper East Side restaurant, Healthalicious, $88,000 for not providing workers compensation. In a lawsuit against the company, workers accused the owners of not paying proper wages and sometimes giving out cash payments to skirt tax and business laws.

It is unclear whether federal prosecutors will eventually expand the charges to encompass Grimm’s campaign activities, but investigators have been moving on that side of the case against several key players, some with ties to the restaurant.

The company itself appears to have ties to persons involved in the fundraising probe. The operating company run by Grimm was connected to a company affiliated with Ofer Biton, the Israeli national who pleaded guilty to visa fraud. Biton not only helped raise hundreds of thousands of dollars for Grimm, he reportedly sought the politician’s help in obtaining a green card.

Biton also served as the middle man between Grimm and popular Rabbi Yoshiyahu Yosef Pinto, who helped raise money for Grimm’s 2010 campaign, and who is now facing allegations of bribing Israeli law enforcement officials and looting his charities.

The business’ accountant was also the accountant for Grimm’s campaign, and was a key witness before the federal grand jury in the case. While the indictment is expected to surround the business, the Daily News reports that the alleged financial irregularities are also linked to the campaign.

The Daily News reports:

Wayne Muratore answered questions about suspicious expense claims and tax documents just days before the panel opted to charge Grimm after a two-year federal probe, the sources said.

… The charges against Grimm are linked to alleged financial irregularities in the ex-FBI agent’s 2010 congressional run and to the eatery Healthalicious.

Muratore faces no criminal charges, but was visited several weeks ago by FBI officials and eventually grilled by prosecutors, the sources said.

He reportedly told the feds that certain expenses and tax documents linked to Grimm were not his work, the sources said.

Grimm, through an attorney, said that, ultimately, his name would be cleared, and he is expected to continue his campaign. New York Times reports:

Since word of his indictment emerged on Friday, Mr. Grimm has shown no sign of curbing his campaign. A lawyer for Mr. Grimm said he was the victim of a “politically driven vendetta.” And for now, party leaders are sticking with Mr. Grimm, whose district includes Staten Island and part of southern Brooklyn.

John Antoniello, the Staten Island Republican chairman, said he spoke to Mr. Grimm on Friday, and Mr. Grimm said he definitely planned to continue his campaign.

Meanwhile, on Friday, prosecutors indicted Grimm’s former girlfriend, Diana Durand, on charges of using straw donors to make illegal campaign contributions to Grimm and other Republican politicians.

Grimm represents Staten Island, Bay Ridge, Bensonhurst, Gravesend, Coney Island and parts of Sheepshead Bay.

The face of God (via Facebook)

The face of God (via Facebook)

A Brighton Beach man with the first name “God” is suing credit-reporting agency Equifax because their system reject his first name, and claims he has no financial history.

The New York Post reports:

God Gazarov — a Russian native who was named after his grand­father — claims that the company has stubbornly refused to correct the glitch after more than two years of anguished calls and correspondence, according to a Brooklyn federal lawsuit [filed Friday].

Despite having scores of more than 720 with the two other major credit agencies, TransUnion and Experian, Gazarov said the Equifax snag prevented him from purchasing an Infiniti car last year.

Gazarov, 26, owns a jewelry store in Brighton Beach. He said an Equifax representative told him to change his first name.

He further elaborated on his unusual name to Huffington Post:

“I am who I am,” God said. The Brooklyn man explained that he’s proud to be named after his grandfather, who was a war veteran in Russia.

“It’s my real name. It’s my legal name,” God told HuffPost. Besides a few jokes in high school, he said, he’s never run into any issues with his name before. In fact, he said, most people just tell him it’s a cool name.

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