SHEEPSHEAD BAY'S ONLY INDEPENDENT NEWS BLOG

A grand jury indicted Officer Diego Palacios – formerly of the 61st Precinct – on felony charges for locking up an apparently innocent Sheepshead Bay man who the officer claimed tried to run him over in his car.

Brooklyn District Attorney Charles Hynes revealed the grand jury’s decision yesterday, indicting the officer on five types of lying: offering a false instrument for filing, falsifying business records, making an apparently sworn false statement, perjury and making a punishable false written statement. He was also charged with official misconduct, the New York Times reports.

Falsifying business records is a felony offense for which Palacios was charged with two counts.

Palacios arrested East 23rd Street resident John Hockenjos in February, saying on a police report that he drove his car at “a high rate of speed” towards the officer in an attempt to hit him, forcing him “to jump out of the way.” Hockenjos was charged with felony reckless endangerment and spent several days behind bars.

But surveillance video provided by Hockenjos showed that the officer was standing in his driveway when he pulled in, slowly, and that the officer never budged.

After the surveillance footage surfaced, Palacios, an 8-year veteran of the NYPD, was transferred to a different precinct and placed on desk duty. He has now been suspended.

All charges against Hockenjos have been dropped. His wife, Irena, who faced a summons for disorderly conduct, has also been cleared.

In March, Hockenjos confronted the 61st Precinct Deputy Inspector about the incident at a Community Council meeting, telling him that he now feared to call the police.

“I feel unprotected. I’m now afraid to call 911 … I’m afraid for my life,” Hockenjos said. “I can’t protect myself, commander. I can’t do it. All I can do is take pictures.”

Hockenjos’s wife Irena has called Sheepshead Bites on numerous occasions since the arrest, expressing her frustrations and fears that she cannot call police when she feels in danger around the home, and especially not for disputes emerging from their ongoing feud with a neighbor they claim is building on their property. The police have been called to the scene many times by both the Hockenjoses and the neighbor, and it was the neighbor who had summoned Palacios to the scene in February.

Sachakov

Witnesses testified on Thursday against a proctologist accused of bilking Medicare and private healthcare programs out of $22.5 million through his Colon and Rectal Care of New York in Brighton Beach.

Federal agents arrested Dr. Boris Sachakov in October 2010, initially charging him with Medicare fraud to the tune of $3.5 million over two years. The investigation turned up additional charges, however, after authorities discovered more improper billing through private insurers.

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Source: madamepsychosis/Flickr

While Carl Kruger has requested to be locked up in Otisville, a prison serving kosher meals and known as a haven for white collar criminals, the bag man responsible for funneling nearly $200,000 to the pol is getting his sentence slashed on account of his obesity.

Solomon Kalish was sentenced to two years in prison yesterday, half the standard for his deeds. The judge said his weight-related health problems was the deciding factor.

“I’m very mindful of Mr. Kalish’s health problems, and that in and of itself warrants a non-guidelines sentence,” said Judge Jed Rakoff, according to the New York Post.

Kalish, 62, weighs 270 pounds and suffers from diabetes and coronary-artery disease. He had open-heart surgery last year.

Kalish’s role in the bribery scheme that led to the conviction of Kruger, hospital execs, and a prominent lobbyist among others was that of the bag man. He brought $197,000 from the hospital execs to Kruger in exchange for favorable deals with Albany and a job for Kalish’s son in Kruger’s office.

After last week’s decision by a New York Supreme Court judge that the allegedly fraudulent ballots in the 27th State Senate District race were, in fact, legitimate, the Board of Elections has completed their canvas – Republican David Storobin is in the lead by 27 votes.

The current count, according to a statement released by Councilman Lew Fidler’s campaign, Storobin’s Democratic opponent, is as follows:

• Storobin: 11,082
• Fidler: 11,055

That leaves a 0.12 percent difference between the two candidates, triggering a provision in BOE procedures that states that any race in which the margin between the two candidates is less than one-half percent of the total votes cast (in this race, 110 votes), a full hand recount of each and every vote cast must be done.

Regardless of who wins the seat, their influence has already been stunted in Albany. The legislative session ends in June, and, due to redistricting, the seat is slated to be eliminated come January. It’s possible that the winner will never cast a single vote.

However, at the very least, the race is a learning opportunity for the Board of Elections. The new electronic scanner machines implemented citywide in 2010 have never been saddled with a full hand recount. The BOE told Sheepshead Bites they’re not even sure how long the process will take.

“We have to open everything; every paper ballot [including paper returns from the electronic scanners]. It’s over 22,000 ballots,” said BOE spokesperson Valerie Vazquez. “We just have to make sure that there’s confidence in the election and that every vote that was cast was in fact counted.”

The Supreme Court judge overseeing the ballot disputes in the State Senate District 27 campaign threw out Councilman Lew Fidler’s allegations that a member of David Storobin’s campaign committed voter fraud, ordering the Board of Elections to count 119 disputed ballots likely to fall in favor of the GOP.

The Fidler campaign contended Storobin’s team committed voter fraud when a paid Storobin consultant intentionally gathered 119 absentee ballots for Russian voters who were capable of reaching the polls. In New York, voters can only cast absentee ballots if they are physically unable to get to the polls. However, at least 16 of those “permanently disabled” voters cast a vote in person on election day. After failing to appear in court on April 26, the consultant – Alla Pometko – was subpoenaed by the judge last week, when she declared her innocence.

The judge determined that Fidler’s evidence came up short, and that Pometko’s testimony appeared credible.

“The court finds that petitioner has failed to meet his burden of establishing, by clear and convincing evidence, that Ms. Pometko or Storobin are chargeable with knowledge of any fraud with respect to the procurement of absentee ballots,” Judge Larry Martin wrote. “In fact, the evidence adduced at trial falls far short of the allegations contained in the petition and bill of particulars.”

Following the decision, the campaigns issued the following statements (published in order that they were issued):

Campaign spokesman David Simpson said, “We were right all along. Everything the Storobin campaign did to encourage voter participation in this election, especially our outreach efforts into the Russian community, was done in accordance with the law and 100% above board. Today the court affirmed that. The Fidler campaign has wasted time and taxpayer money trying to steal this election and disenfranchise Russian voters. But all they succeeded in doing was to delay the outcome of the election for another month. Once these ballots are counted, we are confident that David Storobin will regain his lead and will be declared the winner.”

From Lew Fidler:

We respect, but respectfully disagree with, the Court’s decision. Over 100 otherwise healthy people spontaneously declared themselves to be disabled in the presence of no one other than David Storobin’s staffer. This is a proven fact. The Storobin campaign knows exactly what it did here and purposefully set out to do it.

This election – and this count – are far from over. While we await the actual opening of these ballots, a hand recount of more than 22,000 ballots will undoubtedly follow. At the very least, as this will be a first manual recount since the use of the new scanners, we will find out if the new machines are in fact giving us all an accurate count. When all the ballots are double-checked for accuracy, we will know who will be entitled to take the oath of office.

In the interim, I will continue to work as hard as ever representing the people of my district in the City Council.

Stay tuned.

See the judge’s written decision after the jump.

The following is a press release from the offices of State Senator Marty Golden:

State Senator Martin J. Golden (R-C-I, Brooklyn) today is alerting local residents to two scam attempts brought to his attention which sought to obtain personal information for the purposes of fraud.

One resident yesterday reported a phone call from someone claiming to work for the Kings County Clerk’s Office threatening that failure to provide personal information would result in the termination of their Social Security benefits. Personal information requested included a marriage license, and when the local resident refused to give information, the person left a telephone number to return the call which was affiliated with the County Clerk’s office.

Senator Golden’s office has reported this matter to the Kings County Clerk’s Office and the Inspector General of the Office of Court Administration will be notified about this incident.

Another area resident reported today door to door visits from people claiming to be part of the Verizon preparation for FIOS. These individuals also are requesting significant personal information under the guise of Verizon, who states the company never sends people soliciting door to door. Verizon has been notified of this incident by Senator Golden’s office.

“I bring these two incidents to the attention of the neighborhood in an effort to alert people and prevent identity theft and fraud. The alarming reality is that there are people looking to prey on our residents, especially our seniors, in an attempt to open fake credit card accounts, withdraw money from banking accounts, and more. Identity theft has become the number one financial and consumer crime, causing individuals to lose their good financial standing and credit ratings,” said Senator Marty Golden.

Senator Golden has pamphlets available in his office entitled, “Special Report to Consumers, Protect Yourself From Identity Theft”. To obtain a copy, please contact Senator Golden’s District Office at (718) 238-6044 or via email at golden@nysenate.gov

It has been a while since we wrote about the ongoing election boondoggle surrounding the race to replace Carl Kruger. That’s primarily because new developments have pretty much teetered off, as both the campaigns – Republican David Storobin and Democrat Lew Fider – are duking it out in court, with only a three vote difference between them.

Our last update detailed allegations coming from the Fidler campaign that Storobin’s team committed voter fraud when a paid Storobin consultant intentionally gathered 119 absentee ballots for Russian voters who were capable of reaching the polls.

After failing to appear in court on April 26, the consultant – Alla Pometko – was subpoenaed by the judge to appear or face contempt of court. On Tuesday, she finally faced the judge.

“I did nothing wrong,” Pometko told City & State. “I’m here to fight for my name.”

The site reported:

Pometko, who spoke through an interpreter on the stand, was briefly questioned by ex-State Sen. Marty Connor, an election lawyer who is serving as an attorney for Fidler. But after a couple minutes, before Connor made much headway, court was adjourned until 9:30 a.m. Wednesday morning.

Pometko, who showed up in court only after being subpoenaed, did not come alone: She was accompanied by an attorney, Arthur Gershfeld, there to tend to Pometko’s own legal situation.

In New York, voters can only cast absentee ballots if they are physically unable to get to the polls. However, at least 16 of those “permanently disabled” voters cast a vote in person on election day.

The Fidler camp also says every one of the absentee ballots appeared to be written in the same handwriting, and the voter signed the envelope with a mark instead of a signature – with Pometko again named as the witness to the mark.

Pometko, herself not a registered voter, was paid at least $1,470 for her work as a consultant to the Storobin campaign, financial disclosure reports indicate.

Former State Senator Carl Kruger was sentenced to seven years behind bars for accepting hundreds of thousands of dollars in bribes. His “intimate associate,” Michael Turano of Mill Basin, who benefited from the bribes and helped launder the money through shell companies under his control, was sentenced to two years.

Below is the press release from the District Attorney’s office:

Preet Bharara, the United States Attorney for the Southern District of New York, announced that New York State Senator CARL KRUGER was sentenced today to seven years in prison for engaging in bribery schemes in which he accepted hundreds of thousands of dollars in bribes in exchange for taking official actions. As part of the schemes, the corrupt payments intended for KRUGER were directed to bank accounts controlled by MICHAEL TURANO, a Manhattan-based gynecologist, who was sentenced today to two years in prison for his role in the schemes. KRUGER and TURANO were sentenced by U.S. District Judge Jed S. Rakoff.

Manhattan U.S. Attorney Preet Bharara stated: “Today’s sentencing of Carl Kruger and Michael Turano takes us one step closer to closing this sorry chapter in the continuing story of public corruption in New York State and City government. And the moral is that when elected officials violate their oaths of office and betray their constituents by putting personal interests and enrichment above their duty as public servants, they will be brought to justice.”

According to the Indictment, other documents filed in the case, and statements made during plea proceedings,

From 1994 to 2011, KRUGER served as a member of the New York State Senate, representing Bergen Beach, Flatlands, Mill Basin and other Brooklyn communities in the 27th Senate District. From 2009 to the beginning of 2011, he was chairman of the Senate Finance Committee. KRUGER had a close relationship with TURANO and was effectively a member of his family.

From 2007 through March 2011, lobbyist Richard Lipsky directed approximately $260,000 of his lobbying fees to Olympian Strategic Development Corporation and Bassett Brokerage, two entities controlled by TURANO. In exchange for the payments made to Olympian and Bassett, KRUGER undertook official action to benefit Lipsky and his lobbying clients. Further, from 2007 through March 2011, healthcare consultant Solomon Kalish directed approximately $197,000 to Olympian that had been paid to Adex by third parties, including Robert Aquino, the Chief Executive Officer of Parkway Hospital in Queens, New York, through his marketing/consulting firm, Adex Management, Inc. Aquino caused the hospital to make $60,000 in payments to Adex. In exchange for the payments made to Adex, KRUGER undertook official action to benefit Kalish, Adex, and the third parties paying Adex.

At his plea proceeding, KRUGER admitted that from 2007 through March 2011, he agreed to undertake action, in connection with his official position as a member of the New York State Senate, to benefit Lipsky, Kalish, Aquino, and TURANO, in exchange for payments that he directed to Olympian, Bassett, Adex, and the individuals who had an interest in those entities.

TURANO admitted that from late 2007 through February 2011, his consulting business received payments from Lipsky, Kalish, Aquino and associated entities knowing that the money was paid, in part, in exchange for KRUGER taking acts in his official capacity as a member of the New York Senate to benefit those individuals and entities.

In addition to their prison terms, KRUGER, 62, of Brooklyn, New York, and TURANO, 50, of Brooklyn, New York, were each sentenced by Judge Rakoff to two years of supervised release, and each ordered to forfeit $223,534.

KRUGER and TURANO were initially charged on March 10, 2011, along with six others, including Lipsky, Kalish, Aquino, David Rosen, the former CEO of MediSys Health Network, real estate developer Aaron Malinsky, and New York State Assemblyman William Boyland, Jr.

Rosen, 64, of Harrison, New York, was convicted at a bench trial on September 12, 2011 for his involvement in schemes to bribe KRUGER, former New York State Assemblyman Anthony Seminerio, and Boyland. He is scheduled to be sentenced on May 7, 2012 at 3:30 p.m.

Aquino, 55, of Glen Head, New York, pled guilty on January 3, 2012 and is scheduled to be sentenced on May 1, 2012 at 4:00 p.m.

Lipsky, 65, of New York, New York, pled guilty on January 4, 2012 and is awaiting sentencing.

Kalish, 61, of Rockville Centre, New York, pled guilty on January 18, 2012 and is scheduled to sentenced on May 22, 2012 at 4:00 p.m.

Boyland, 41, of Brooklyn, New York, was acquitted by a jury on November 10, 2011.

The Government entered into a deferred prosecution agreement with Malinsky, 63, of New York, New York, on November 22, 2011.

Mr. Bharara praised the investigative work of the Federal Bureau of Investigation.

Petr Murmylyuk, a.k.a. Dmitry Tokar, is having a bad day. Murmylyuk has been slapped with a slew of federal charges in two different states.

First came a federal indictment in Newark, New Jersey, in which the 31-year-old is identified as the alleged leader of a $1 million securities fraud scheme that involved hacking into the online trading account of unsuspecting individuals, and forcing them to engage in losing trades that benefited a network of phony accounts he and his cohorts set up.

Then, in Manhattan, the expansion of an earlier federal indictment in which Murmylyuk is charged with stealing the identities of more than 300 unemployed people, then collecting phony tax returns in their names.

Both cases involve preying on internet users and employing a network of Eastern European student visa-holders he helped recruit.

Read details about the schemes, and the charges Petr Murmylyuk, a.k.a. Dmitry Tokar faces.

We missed it when we wrote on Monday that the campaigns of State Senate hopefuls David Storobin and Lew Fidler are going to court this week to settle their neck-and-neck race for Carl Kruger’s seat, but an eagle-eyed reader noted an interesting bit in the court documents: Councilman Lew Fidler alleged that a paid consultant for David Storobin’s campaign submitted at least 120 fraudulent votes.

According to the court documents, which we’ve embedded below (allegations begin on page 6), Fidler’s team claims Alla Pometko – a resident of Brighton Beach’s Oceana condos – submitted 177 absentee ballot applications to the Board of Elections. Almost all of them claimed to represent disabled home-bound voters, and named Pometko as their agent to submit their ballots.

So far, that’s fine and dandy. Where it starts to get really suspicious, according to the campaign, is that of the 120 that were completed, every one of them appeared to be written in the same handwriting, and the voter signed the envelope with a mark instead of a signature – with Pometko again named as the witness to the mark.

And of those 120 “home-bound” voters, 16 still managed to show up on election day and cast a vote in person. According to the court documents, Fidler’s campaign thinks this is a sign that those voters were not aware that the document they signed was a ballot.

Pometko, herself not a registered voter, was paid at least $1,470 for her work as a consultant to the Storobin campaign, financial disclosure reports indicate.

The court documents also indicate Fidler is considering suing the Board of Elections for not returning up to 200 unsigned absentee ballots to the voter for a correction, despite receiving them with ample time to do so, and thereby disenfranchising them of their vote.

View the documents.