New York Governor, Andrew Cuomo, Calls for Banishment of Pro-gun Opposition

Politicians seeking to diminish Second Amendment rights often couch their views in language that hides their true agenda. But, on January 17, pro-gun advocates were squarely confronted with the contempt in which they are held by some political elites. Speaking on "The Capitol Pressroom" public radio program, Governor Andrew Cuomo labeled gun rights supporters who are "pro-assault weapon" and critical of his so-called safe Act as "extreme conservatives" who "have no place in the state of New York." Ironically, this statement says more about Cuomo himself than those he attacks.

Besides being arrogant and dismissive, these comments ignore reality in the Empire State. The safe Act was passed under cover of night, and bypassed normal legislative procedures. Its own proponents obviously knew it would be controversial. Indeed, opposition to the law has been widespread, including among law enforcement groups such as the New York State Sheriffs' Association. Further, the constitutionality of the act is still being litigated. As noted elsewhere in this issue, a case supported by NRA and the New York State Rifle and Pistol Association challenging the law is progressing through the federal courts, and parts of the law have already been blocked by a federal judge.

One likely reason Cuomo considers those who defend the Second Amendment to be extreme is that he does not believe the amendment protects an individual right at all. As attorney general of New York, Cuomo signed onto a brief defending the District of Columbia's handgun ban in the landmark Supreme Court case District of Columbia v. Heller. The brief argued the Second Amendment did not protect an individual right but instead "was intended to protect state sovereignty by restricting the federal government's ability to regulate gun ownership in ways that would interfere with state militias." Following the court's affirmation of the individual right interpretation, a Gallup poll showed that 73 percent of Americans agreed with the decision, leaving Cuomo in a small minority.

In 1998, as the Secretary of the U.S. Department of Housing and Urban Development (HUD) for the Clinton administration, Cuomo's radical push to have the federal government support frivolous lawsuits against the gun industry faced resistance even from within the decidedly anti-gun White House. One White House insider opined that the scheme "smells like Cuomo" and that the Justice Department wouldn't want to pursue the case. "How can you blame gun manufacturers for illegal weapons brought into public housing by tenants and non-tenants," he asked. "Where is the conspiracy?"

Other gun control supporters agreed. In a Dec. 17, 1999, editorial, the Washington Post described the Cuomo supported lawsuits as "disquieting even for those who, like us, strongly support rigorous controls on handguns." The piece went on to explain it "seems wrong for an agency of the federal government to organize other plaintiffs to put pressure on an industry … to achieve policy results the administration has not been able to achieve through normal legislation or regulation."

Congress itself implicitly condemned Cuomo's tactics by passing the Protection of Lawful Commerce in Arms Act in 2005, which effectively barred these sorts of suits against gun manufacturers.

Even before Cuomo's latest outburst, on May 21, 2013, the Albany Times Union reported that a source told them Cuomo "threatened to remove sheriffs from office" if the law enforcement officials did not keep quiet about their opposition to the safe Act. This is consistent with Cuomo's attempt in 2000 to bully gun makers into signing an agreement supporting several gun control proposals by threatening to exert his influence as HUD secretary to sway municipal law enforcement contracts.

Most tellingly, the so-called "assault weapons" and "large capacity" magazines banned by Cuomo's "SAFE" Act are among the most popular, fastest-selling arms in the United States. Law-abiding Americans are expressing their disagreement with him with their hard-earned dollars.

Based on Cuomo's long history of thuggish tactics to advance a radical anti-gun agenda, his recent comments striking at the core of New York's pluralism are merely the latest example that he is the true extremist. This November, we encourage all NRA members and Second Amendment supporters in the Empire State to deliver just as strong a message that he is not welcome as their governor.

Courtesy of Chris Cox, NRA-ILA Executive Director

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Railroaders: Jack Delano’s Homefront Photography Hosted by @ChicagoMuseum

In 1942, the Office of War Information issued photographer Jack Delano a new assignment: document “railroads and their place in American life.” During the next several months, Delano captured three thousand images, two-thirds of them in the nation’s rail hub—Chicago.

The opening of Railroaders is finally here! Railroaders features the photography of Jack Delano, whose portraits of Chicago railroad workers rallied support for the war effort during World War II. Enjoy boxcar music from the Sanctified Grumblers acoustic trio and family activities in celebration of the opening. NPR’s StoryCorps will be on hand to record your transportation stories (space is limited).

Railroaders: Jack Delano’s Homefront Photography
Exhibition Opening Celebration
Saturday, April 5, 10:00 a.m.–3:00 p.m.
Chicago History Museum
1601 North Clark Street
Chicago, IL 60614

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Mario and Gladys Fuertes Arrested for Operating Clinic to Defraud Medicare #HealthCareFraud

United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Miami residents Gladys Fuertes (40) and her husband Mario Fuertes (38) with conspiracy, health care fraud, aggravated identity theft, and obstructing a healthcare investigation. The Fuerteses were arrested on in Miami. If convicted, each faces a maximum penalty of 10 years in federal prison on each of the conspiracy and health care fraud counts and five years on each of the obstruction counts, as well as mandatory sentences of two years in prison for each of the aggravated identity theft counts. The indictment also notifies the couple that the United States is seeking a money judgment in the amount of $266,423.20, which is traceable to the proceeds of the alleged criminal conduct.

According to the indictment, Gladys and Mario Fuertes established and operated a sham clinic in Coral Gables, Florida, for the purpose of committing health care fraud. The clinic was called Gables Medical and Therapy Center. The Fuerteses allegedly employed unlicensed medical professionals and misused the Medicare billing numbers of other medical professionals, without their knowledge, in order to claim that they rendered medical treatment to Gables patients. Gladys and Mario Fuertes also paid a co-conspirator to recruit Medicare beneficiaries for Gables and to drive patients to the clinic for basic and sham medical services.

Once recruited, Gladys and Mario Fuertes urged the Gables patients to enroll in Universal’s Medicare Part C and Part D plans. They believed Universal paid a relatively high percentage of its claims. Gladys and Mario Fuertes fraudulently billed Universal and caused Universal’s Medicare Part C plan to be billed for Gables patients’ supposed treatments. The treatments included expensive HIV-related treatments that patients never actually received. Gladys and Mario Fuertes also billed Universal and caused Universal to be billed for services that required a physician’s presence when no licensed physician was present or rendered the service.

The defendants and their co-conspirators paid the Medicare beneficiaries, who were recruited to come to Gables for their Medicare identification numbers, to allow Gables to bill Universal for services that were never rendered. In addition, Gladys and Mario Fuertes facilitated the provision of fraudulent prescriptions for controlled substances, including oxycodone, to Gables patients. In some cases, the signatures on the prescriptions were forged. The patients who received these oxycodone prescriptions were assisted in filling them by a co-conspirator. The co-conspirator also purchased the pills from some of the patients and sold them on the street.

Once they learned of the federal health care fraud investigation into their actions, Gladys and Mario Fuertes instructed Gables patients to lie to law enforcement agents and otherwise obstruct a federal investigation into health care fraud at Gables. The Fuerteses also provided altered Medicare billing documentation to federal agents investigating their activities.

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Richard Zanco Pleads Guilty to Illegally Laundering More Than $343,000

Richard Zanco, age 44, of Slidell, Louisiana, plead guilty as charged before United States District Judge Susie Morgan to money laundering, announced United States Attorney Kenneth Allen Polite, Jr.

According to court documents, in about May 2012, Zanco learned that someone had opened a brokerage account in his name and used that account to acquire collateralized mortgage obligations (CMOs), a type of bond that bore value from interest generated upon its sale by fraudulent means. Even though he knew that the CMOs did not belong to him, Zanco gained control of the accounts and arranged for the interest proceeds of the CMOs to be diverted to other financial accounts under his control. Between about March 11, 2013 and September 19, 2013, Zanco used the funds, totaling approximately $343,998.82, to engage in a variety of financial transactions for his personal use, including purchasing multiple automobiles and at least one boat.

Zanco faces a maximum penalty of 10 years, followed by up to three years of supervised release, and a $250,000 fine. Sentencing has been scheduled before Judge Morgan for July 2, 2014.

This case is being investigated by agents from the Federal Bureau of Investigation and the Internal Revenue Service. The prosecution of this case is being handled by Assistant United States Attorneys Jordan Ginsberg and Dan Friel.

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John Silvia, Disbarred Attorney, Indicted on Fraud Charges

A disbarred Somerset attorney was indicted on fraud charges arising out of his promotion of various fraudulent investments.

John Silvia, 55, purportedly the “managing member” of Richardson Consulting LLC, was charged with securities, mail, and wire fraud. He was arrested on February 7, 2014.

Silvia, who was licensed to practice law in Massachusetts in 1975, has been disbarred since 2003. He was charged based on his promotion of various fraudulent investments, including investments in real estate and Advance Space Monitor LLC (ASM), a technology company with which he was affiliated. According to the indictment, Silvia obtained money from various individuals based on false representations regarding certain real estate transactions and his purported ability to transfer interests in ASM. Specifically, Silvia issued promissory notes based on the false representation that he was investing the money in real estate transactions that would yield profits within a short amount of time, thereby allowing him to re-pay the notes. In fact, Silvia was not engaged in such transactions. Silvia also falsely represented that he was entitled to receive shares in ASM in exchange for investment money. In fact, Silvia was not entitled to receive shares of ASM, as he had represented, and was not permitted to assign any interests in ASM.

If convicted, Silvia faces the statutory maximum penalties for the securities fraud charges are 20 years in prison, five years of supervised release, and a $5 million fine. The statutory maximum penalties for the mail and wire fraud charges are 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gain to the defendant or loss to the victim.

United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. The Massachusetts Securities Division, which filed an administrative complaint charging Silvia with violation of Massachusetts securities laws, referred this case to the U.S. Attorney’s Office and cooperated with the criminal investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah E. Walters of Ortiz’s Economic Crimes Unit.

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Investigative Journalist Mel Ayton Pens #JusticeDenied about Intrigue, Assassinations and Black Power in Bermuda

Justice Denied - Bermuda’s Black Militants, the “Third Man,” and the Assassinations of a Police Chief and Governor is the first full account of the 1972/1973 assassinations of Bermuda’s governor, Richard Sharples, and police chief, George Duckett. The book includes a Foreword by Dr. Carol Shuman, a former journalist with the Bermuda Sun and Mid Ocean News.

During the 1970s, a black power organization in Bermuda, which modeled itself on the American Black Panthers, conspired to bring about social change “by any means necessary,” including assassination. The struggle for equal rights in Bermuda during this period both imitated events in the United States and was heavily influenced by them. This is especially true for the role American black militants played in encouraging Bermuda’s youth to challenge the white power structure on the island. Bermuda became the first nation to suffer the violent effects of the importation of 1960s-style American Black Power militancy. As a result, Governor Sharples, Police Chief George Duckett and others were murdered.

Justice Denied points the finger of guilt at a faction of the black militant group led by the ‘Third Man’, who controlled the convicted assassins. The author names the Bermuda businessman, a convicted drug dealer who assisted the assassins in financing their political aims through drug deals and bank robberies. Ayton also concludes that the real story about the assassinations was ‘whitewashed’ by consecutive Bermudian governments in the interests of racial harmony.

This investigative book is based on interviews with police officers involved in the investigation into the assassinations and murders, as well as interviews with prison officers familiar with two members of the assassination team. Additional material for the book was gleaned from the previously secret Scotland Yard murder files, British Foreign Office files, court records, newspaper archives and interviews with the Bermudian governor’s widow.

Paul Donnelley, author of 501 Most Notorious Crimes, says of Justice Denied, "Murders in paradise... Mel Ayton has proved in previous books that he has a consummate skill for unraveling the facts behind conspiracies or debunking them where they don't exist (JFK, RFK, MLK to name but three). His latest book is no exception. It reads like a thriller, but every word is true and his telling of racism, riots, murders, and cover-ups on Bermuda makes this an unputdownable page-turner."

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Attorney General Eric Holder Issues Statement on Same-Sex Marriages in Michigan

Attorney General Eric Holder issued the following statement today on the status of same-sex marriages performed in the state of Michigan:

“I have determined that the same-sex marriages performed last Saturday in Michigan will be recognized by the federal government.  These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages. The Governor of Michigan has made clear that the marriages that took place on Saturday were lawful and valid when entered into, although Michigan will not extend state rights and benefits tied to these marriages pending further legal proceedings.  For purposes of federal law, as I announced in January with respect to similarly situated same-sex couples in Utah, these Michigan couples will not be asked to wait for further resolution in the courts before they may seek federal benefits to which they are entitled.

“Last June’s decision by the Supreme Court in United States v. Windsor was a victory for equal protection under the law and a historic step toward equality for all American families.  The Department of Justice continues to work with its federal partners to implement this decision across the government.  And we will remain steadfast in our commitment to realizing our country’s founding ideals of equality, opportunity, and justice for all.”

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6 Individuals Associated with the Newspaper and Mail Deliverers’ Union Arrested

A criminal complaint was unsealed in federal court in the Eastern District of New York charging Benjamin Castellazzo, Jr.; Rocco Giangregorio; Glenn LaChance, Rocco Miraglia, also known as “Irving,” and Anthony Turzio, also known as “the Irish Guy,” with conspiring to defraud the Newspaper and Mail Deliverers’ Union (NMDU) and Hudson News in order to obtain a union card and employment at Hudson News for Castellazzo, Jr.

In addition, a three-count indictment was unsealed in United States District Court for the Eastern District of New York charging Thomas Leonessa, also known as “Tommy Stacks,” with wire fraud, wire fraud conspiracy, and theft and embezzlement from employee benefit plans in an unrelated scheme. The indictment was returned under seal by a federal grand jury sitting in Brooklyn, New York, on March 6, 2014, and relates to Leonessa’s alleged “no show” job as a delivery driver for the New York Post.

Castellazzo, Jr., Giangregorio, LaChance, Miraglia, Turzio, and Leonessa were arrested earlier today, and their initial appearances are scheduled for this afternoon before United States Magistrate Judge Robert M. Levy at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.

The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office.

As alleged in the complaint, the NMDU is an independent union that represents approximately 1,500 employees involved in the newspaper industry in New York, New Jersey, and Connecticut. NMDU members deliver newspapers for the New York Times, The Wall Street Journal, the New York Daily News, the New York Post, and El Diario. Hudson News, which also employs members of the NMDU, is a retail chain of newsstands mainly located in major transportation hubs, including airports and train stations.

Between June 2009 and October 2009, Miraglia, who was a foreman at the New York Daily News—as well as an alleged associate of the Colombo organized crime family of La Cosa Nostra and the son of a deceased soldier in the Colombo family—conspired with officials of the NMDU and with Turzio, who was an employee of El Diario, to get an NMDU union card for Castellazzo, Jr. and place him in a job at Hudson News. Castellazzo, Jr. is the son of Benjamin Castellazzo, the alleged underboss of the Colombo family. Giangregorio and LaChance, who were business agents for the NMDU, also are charged with participating in this scheme.

As alleged in the indictment, Leonessa was employed by the New York Post to deliver newspapers by truck from a New York Post warehouse in the Bronx, New York, to New Jersey. He was also a member of the NMDU, which maintained offices, including offices for its welfare and pension funds, in Queens, New York. From about December 2010 to about September 2011, Leonessa had a “no show” job at the New York Post, that is, a job for which he was paid wages and benefits but which he did not perform. When Leonessa did not complete his required deliveries, he was nevertheless, based on his fraudulent representations, paid wages by the New York Post and accorded benefits from employee pension and welfare funds managed by the NMDU.

“Today’s arrests indicate that the NMDU and the newspaper delivery industry are, sadly, still subject to the influence of organized crime,” stated United States Attorney Lynch. “We cannot tolerate corruption in that industry, which is relied on by newspaper readers throughout New York City and beyond. We will prosecute anyone who seeks to obtain employment—or to maintain “no show” employment—in that industry by trading on the power of organized crime. Such acts not only lead to ill-gotten gains, but they also displace innocent, hard-working union members and would-be union members from jobs they have rightfully earned. We thank our partners at the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, for their tremendous efforts to identify and root out these corrupt practices.” Ms. Lynch also extended her grateful appreciation to the New York City Police Department, the New York County District Attorney’s Office, and Waterfront Commission of New York Harbor for their assistance.

“As alleged, a paycheck in exchange for a hard day’s work was a foreign concept to these defendants. Instead, they engaged in a scheme to defraud the NMDU and Hudson News for easy money and personal gain. The FBI, along with its law enforcement partners, will continue to pursue allegations of corruption and fraud all levels,” stated FBI Assistant Director in Charge Venizelos.

The defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn. The charges in the complaint and indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being prosecuted by Assistant United States Attorneys Elizabeth A. Geddes and Allon Lifshitz and by Trial Attorney Joseph Wheatley of the Department of Justice’s Organized Crime and Gangs Section.

Defendants:

Benjamin Castellazzo, Jr.
Age: 48
Manahawkin, New Jersey

Rocco Giangregorio
Age: 39
Dumont, New Jersey

Glenn LaChance
Age: 50
Oceanside, New York

Rocco Miraglia
Age: 43
Staten Island, New York

Anthony Turzio
Age: 78
New York, New York

Thomas Leonessa
Age: 52
High Bridge, New Jersey

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5 Charged with Conspiring to Fraudulently Obtain Union Job for Organized Crime Underboss

Five men have been charged in the Eastern District of New York with conspiring to defraud the Newspaper and Mail Deliverers’ Union (NMDU) and Hudson News newsstands to obtain a union card and employment at Hudson News newsstands for the son of the alleged underboss of the Colombo family of La Cosa Nostra.

A criminal complaint was unsealed charging Benjamin Castellazzo Jr., Rocco Giangregorio, Glenn LaChance, Rocco Miraglia, aka “Irving,” and Anthony Turzio, aka “the Irish Guy,” with mail fraud conspiracy.  The five men were arrested and their initial appearances are scheduled before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn.

In addition, a three-count indictment was unsealed charging Thomas Leonessa, aka “Tommy Stacks,” with wire fraud, wire fraud conspiracy and theft and embezzlement from employee benefit plans in an unrelated scheme.   The indictment was returned by a federal grand jury sitting in Brooklyn, N.Y., on March 6, 2014, and relates to Leonessa’s alleged “no show” job as a delivery driver for the New York Post.

The charges were announced by Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division, United States Attorney Loretta E. Lynch of the Eastern District of New York Acting Special Agent in Charge Cheryl Garcia of the New York region of the U.S. Department of Labor’s Office of Labor Racketeering and Fraud Investigations and Assistant Director in Charge George C. Venizelos of the FBI’s New York Field Office.

As alleged in the complaint, the NMDU is an independent union that represents approximately 1,500 employees involved in the newspaper industry in New York, New Jersey and Connecticut.   NMDU members deliver newspapers for The New York Times, The Wall Street Journal, the New York Daily News, the New York Post and El Diario.  Hudson News, which also employs members of the NMDU, is a retail chain of newsstands mainly located in major transportation hubs, including airports and train stations.

Between June 2009 and October 2009, Miraglia, who was a foreman at the New York Daily News – as well as an associate of the Colombo organized crime family and the son of a deceased soldier in the Colombo family – conspired with officials of the NMDU and with Turzio, an employee of El Diario, to get an NMDU union card for Castellazzo Jr. and place him in a job at Hudson News.   Castellazzo Jr. is the son of Benjamin Castellazzo, the alleged underboss of the Colombo family.   Giangregorio and LaChance, who are business agents for the NMDU, also participated on this scheme.

As alleged in the indictment, Leonessa was employed by the New York Post to deliver newspapers by truck from a New York Post warehouse in the Bronx, N.Y., to New Jersey.   He was also a member of the NMDU, which maintained offices, including offices for its welfare and pension funds, in Queens, N.Y.   From about December 2010 to about September 2011, Leonessa had a “no show job” – a job for which he was paid wages and benefits for services he did not perform – at the New York Post.   When Leonessa did not complete his required deliveries, he was nevertheless, based on his fraudulent representations, paid wages by the New York Post and accorded benefits from employee pension and welfare funds managed by the NMDU.

Leonessa is scheduled to be arraigned before United States Magistrate Judge Robert M. Levy at the federal courthouse in Brooklyn, N.Y.

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Dr. Naeem Mahmood Kohli, of the Kohli Neurology and Sleep Center, Indicted on Charges of Health Care Fraud and Illegal Dispensation of Controlled Substances

A federal grand jury sitting in East St. Louis, Illinois returned a 15-count indictment against an Effingham County doctor, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. The indictment was opened upon the arrest and arraignment of the doctor in Benton, Illinois.

Naeem Mahmood Kohli, 59, of Effingham, Illinois, operated the Kohli Neurology and Sleep Center, located on North Maple in Effingham, Illinois. The indictment alleges that, for some patients, Kohli did not operate a legitimate medical practice but instead was engaged in a scheme to illegally distribute controlled substances by running what was in essence a prescription service for drug addicts, commonly known as a pill mill. The indictment also alleges that Kohli defrauded Health Care Benefit Programs, namely, Medicare, Medicaid, and Blue Cross Blue Shield of Illinois, by billing for services not provided.

In the indictment, Kohli is charged with the following offenses: (1) health care fraud in counts one through three, which carry penalties of a maximum of 10 years in prison, a maximum fine of $250,000, a maximum of three years’ supervised release; (2) illegal distribution of a Schedule II controlled substances (oxycodone, hydromorphone, and methadone) in counts four through 13, which carry penalties of a maximum of 20 years in prison, a maximum fine of $1,000,000, no less than three years’ supervised release; and (3) money laundering in counts 14 and 15, which carry penalties of a maximum of 10 years in prison, a maximum fine of $250,000, and one year of supervised release. A $100 special assessment must be imposed on each count.

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