Westchester County District Attorney

Details

Created: 09 December 2020

Dec. 9, 2020 -- Westchester County District Attorney Anthony A. Scarpino, Jr. announced the takedown of Operation Sledgehammer, an enterprise insurance fraud scheme operating in lower Westchester and the Bronx, following a nearly two-year long investigation. Five registered businesses and nine defendants (listed below) were charged with Enterprise Corruption for defrauding insurance companies by enhancing motor vehicle damage and falsifying insurance claims. Additionally, three other individuals (listed below) were charged on separate felony complaints with other crimes relating to this scheme.

Four of the defendants Joseph S. Cermele, Rangee Jawahir, Georgette S. Sloley, and Wayne M. Scott were arrested on Tuesday, December 1, 2020, and arraigned in New Rochelle City Court. The remaining individuals, Ronnie Lee-Andros Jawahir, Allan Ramdeo Ramiah, Ronald Jawahir, Danesh Singh, and Andrew Arjune, were arrested Tuesday, December 8, 2020, and also arraigned in New Rochelle City Court. All individuals were released without bail and are to return to court on different dates throughout December and January.

All individual defendants and companies named below have been charged with Enterprise Corruption, a class B felony, and other felony offenses listed in the felony complaint including Grand Larceny in the Second Degree, a class C felony; Money Laundering in the Fourth Degree, a class E felony; Insurance Fraud in the Third Degree, a class D felony; and Grand Larceny in the Third Degree, a class D felony.

The following additional individuals were arrested and charged on separate complaints with related crimes:

• Latoya Shonta Turner (DOB 11/23/1987) (Grand Larceny in the Third Degree, Insurance Fraud in the Third Degree, and Scheme to Defraud in the First Degree)
• Reiluis Medina (DOB 05/15/89) (Grand Larceny in the Third Degree and Insurance Fraud in the Third Degree)
• Andrea Thompson (DOB 02/07/86) (Grand Larceny in the Third Degree and Insurance Fraud in the Third Degree)

Operation Sledgehammer was a collaborative investigation led by the District Attorney’s Investigations Division and Criminal Investigators (Auto Crimes Unit)with the assistance of the following agencies and law enforcement partners:

• City of New Rochelle Police Department
• New York State Police Special Investigations – Auto Theft Unit
• City of Yonkers Police Department
• New York State Department of Motor Vehicles Division of Field Investigations
• New York State Department of Financial Services
• New York State Environmental Conservation Police
• National Insurance Crime Bureau (NICB)

Westchester County District Attorney Anthony A. Scarpino, Jr., stated, “Auto insurance theft affects every one of us. Insurance fraud is not a victimless crime. When false claims are made and money is stolen from insurance companies, it forces all of our insurance rates to increase and costs each of us hard-earned money. This important collaborative investigation into an egregiously blatant enterprise, whose members used their skills and time to steal from insurance companies, was accomplished with the assistance of many agencies and partners. This investigation could not have been done without this cooperation. These arrests send two messages. To all fraudsters: know that this type of illegal conduct will not be tolerated in this County and will be fully investigated and prosecuted. And to the people of Westchester: know that we actively seek out and bring to justice those enterprises which seek to gain illegal monies to the detriment of all insurance policy holders.”

Kevin Gallagher, Regional Director of the Northeast Region of the National Insurance Crime Bureau stated, “The National Insurance Crime Bureau would like to applaud the staff of the Westchester County District Attorney’s Office for their continued efforts in addressing insurance fraud in Westchester County.The cost of insurance fraud is shared by all
Consumers; and this investigation sends a strong message to others who may be contemplating engaging in insurance fraud. We look forward to our continued partnership in combatting insurance fraud for all New Yorkers.”

New Rochelle Police Commissioner Joseph F. Schaller stated, "During the early part of 2019, the National Insurance Crime Bureau began noting a disproportional number of “high-end” claims being submitted by Lee’s Auto Body located in New Rochelle for repairs to customer’s vehicles. Suspecting that the claims had some sort of fraudulent aspect, they then forwarded their initial findings to the Westchester County District Attorney’s Office. A year-long investigation was then launched by the Westchester County D.A.’s Investigators in conjunction with the City of New Rochelle, City of Yonkers, New York State Police Special Investigations-Auto Theft Unit, New York State Department of Motor Vehicles Division of Field Investigations, New York State Department of Financial Services, New York State Environmental Conservation Police and the National Insurance Crime Bureau. I want to recognize the hard work and collaborative efforts of the detectives assigned to the New Rochelle Police Department’s Property Theft Unit, and members of the all of involved Law Enforcement agencies. Through numerous investigative techniques, and unparalleled cooperation amongst members of all agencies, 'Operation Sledgehammer' is being brought to a successful conclusion. It is the largest Enterprise Corruption case ever prosecuted in Westchester County."

Yonkers Police Deputy Chief of Investigations Joseph Monaco stated, “When unscrupulous individuals commit fraud, we are all victimized. Let these arrests be a warning to those who would cheat the system that law enforcement in Westchester County will vigilantly pursue you and use every available resource to deliver you into the Criminal Justice System. I applaud the efforts of all the investigators and prosecutors involved in this multi-agency collaboration.”

Background
From on or about and between May 31, 2019 and March 3, 2020, the defendants, while aiding and abetting and acting in concert with each other and others, in the City of New Rochelle, in other parts of Westchester County, in Bronx County, and elsewhere in the State of New York, intentionally conducted and participated in a pattern of criminal activity in the form of auto insurance fraud via auto repair shops.

The defendants and uncharged and unnamed others were members of the “Jawahir Enterprise,” which operated and furthered an enhanced motor vehicle damage and automobile insurance fraud. The Jawahir Enterprise focused on the defrauding of insurance companies by the submission of claims that evidenced (1) enhancing damage to a vehicle either with or without knowledge of the vehicle owner and/or (2) intentionally inflicting damage to vehicles that were not previously damaged.

Several schemes were used to defraud insurers. In some cases, defendants strategically enhanced vehicle damage so the body shop could increase the billed repair cost while keeping the actual cost of repair to a minimum. The insurer would be charged the higher amount. Another scheme involved staging accidents between two or more vehicles, at least one of which was owned by a person who had insurance.

An additional scheme involved members of the enterprise strategically striking insured vehicles with heavy objects such as sledgehammers or rubbing light assemblies alongside a vehicle. The damage was created to simulate collisions with stationary vehicles. At times, members of the Jawahir Enterprise created no new damage to their vehicles, but instead submitted claims to multiple insurance companies under different policies in an attempt to receive money.

To ensure the success of the Jawahir Enterprise, the members of the larger operation included:

• defendant auto body shops at which the damage to vehicles was performed;
• defendant auto body shops that legally exist and are used as shops of record on claims, but that are not operational in fact;
• owners and managers of the shops who arranged for the body work to be performed and orchestrated the distribution of the shops across the claims;
• the shops’ employees, working under the direction of the owners and managers, who assisted in damaging the vehicles;
• vehicle owners who offered their vehicles and insurance in exchange for a portion of the insurance payout as remuneration;
• individuals who called insurance companies and posed as vehicle owners filing a claim;
• individuals wo located additional claimants to bring into the enterprise;
• individuals who received criminal proceeds from the fraudulent insurance payouts in order to launder the funds; and others.

The insurance companies primarily issued claim payments in the form of physical checks. In some instances, the proceeds of the fraudulently obtained insurance claim checks were laundered through a series of orchestrated deposits, transfers, and cash withdrawals throughout bank accounts controlled by members of the Jawahir Enterprise.

The investigation is continuing and more arrests are expected.

The case is being prosecuted by Investigations Division Assistant District Attorneys Laura Forbes and Emily Rowe-Smith.

Watch the Dec.19, 2019 surveillance video felony complaint by Jawahir Enterprise at City Autro Repair, Bronx.

Watch the Dec. 20, 2019 surveillance video felony complaint by Jawahir Enterprise at City Auto Repair, Bronx.

In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

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Media contact:
media@westchesterda.net
(914) 995-3586

Details

Created: 08 December 2020

Dec. 8, 2020 -- January began with new criminal justice laws in New York State-among them major changes in how pre-trial discovery materials were shared with defense counsel. The law required our prosecutors to disclose extensive evidence to the defense earlier in case proceedings.

After more than eight months’ preparation organized and conducted by our internal Discovery Working Group coordinated by Professional Responsibility, we successfully began 2020 operating under the new criminal procedure discovery laws. Our Office launched an electronic portal to allow documents and supporting multimedia to be digitally uploaded and downloaded creating a seamless transfer of materials from police agencies to our trial teams and then made available to the defense in a timely manner. This digital system became even more important as COVID-19 arrived. As December began 558 criminal defense attorneys have access to our Criminal Defense Attorney Portal; and from Jan.1 to Dec. 1, the Office sent out more than 17,500 electronic discovery packages.

Our multi-year School Safety Commission held a February event for school administrators and other stakeholders to share best practices and Commission recommendations to continue the work of keeping students and staff safe in hundreds of school facilities here in the County. In March, when the world turned upside down because of the raging coronavirus pandemic and Westchester became a hot spot, all of our lives and how we worked would change by necessity. School closures and remote education put other Commission events on pause but our staff continued the other essential work of the DA’s Office. With law enforcement and the state court system, we initiated ways to protect our staff, witnesses and defendants from this insidious disease. Consolidated courtrooms were opened. Proceedings were limited to the most critical. Virtual court systems were put in place which allowed many proceedings to be conducted via video conferences. Even now, our prosecutors are in courtrooms throughout the County daily conducting in-person calendar calls, non-jury trials, and hearings.

Jury trials and grand juries were paused for several months from spring into summer. In the meantime, our grand jury room was enlarged while courtrooms were renovated to meet safety protocols. When the backlog of cases to be presented to the grand jury surged, with the support of the Administrative Judge and the County, we quickly found an offsite location for a second grand jury panel. Our first grand jury after COVID was empaneled mid-July and trials resumed Oct. 20; but again, in November, jury trials were paused for the foreseeable future. As the result of safe-distancing measures, court calendars take longer but they continue.

In early April, with the help of the Corrections Department and in consultation with the Legal Aid Society, our Office undertook a comprehensive review of every person incarcerated in the Westchester County Jail to assess whether, without compromising public safety, they were appropriate for early release. That move reduced the jail population.

With concerns that COVID isolation and school closings would exacerbate domestic violence and child abuse issues, our Special Prosecutions Division continued to focus on our most vulnerable, joining the Governor’s Task Force on Domestic Violence which was launched earlier this year. In addition, they have enhanced their work with community partners and advocacy organizations to identify and support special victims, and they have continued training and outreach to police departments and others. The number of cases opened in 2020 has dipped only slightly from last year and our staff, along with networks of advocates and social services, are supporting child, intimate partners and elder victims during this unprecedented time.

Investigations and prosecutions have continued unabated into gang activity and violence, pattern burglaries, rising car thefts, and auto insurance fraud, as well public integrity cases to name a few. Appeals processes continued and our FOIL commitments were met. In addition to continuing a comprehensive training program for our newer prosecutors, our Training and Education Bureau quickly transitioned during the pandemic to online learning and provided 539 hours of continuing legal education to prosecutors throughout our office.

In the fall, we welcomed Lewis, our first “facility dog” to our staff. He is specially trained to work with victims and witnesses to help relieve their stress during the criminal justice process. Lewis was raised and trained by the nonprofit Canine Companions for Independence and has been granted to our Office free of charge.

During my four-year tenure, I placed a premium on diversity and inclusion, pushing our staffing to more closely represent the communities we serve. As of this month, 27.6 percent of prosecutors contributed to staff diversity. Women make up 54.5 percent of our prosecutors. Since 2017, 35.7 percent of ADAs hired contributed to our diverse staff.

In addition, we took a proactive stance on a number of criminal reform issues. We changed how marijuana offenses are prosecuted, implemented bail reform ahead of the state legislation, expanded reentry programs and specialty courts because simply prosecuting criminals is not enough. We have tried to address the root causes of crime and the societal conditions that exacerbate criminal activity. We created a program to help buyers of illegal drugs get support instead of incarceration as they were caught in investigations into drug trafficking rings. We continued to educate residents to the use of Red Flag Laws, where a person with access to guns and in danger of hurting themselves or others can have those weapons taken away through extreme risk protection orders. These programs have made a difference in the equity and safety of Westchester County.

As 2020 comes to an end, I wish to express my thanks and appreciation for our outstanding staff. Our talented attorneys, supported by our dedicated criminal investigators and committed support staff, have ensured the success of this Office during difficult times and guaranteed we have met our obligations to our victims, witnesses and to those accused of crimes. As this is my last newsletter as District Attorney of Westchester County, I’d like to say I am proud of having held this position and all the work done by the 200-plus staff of the DAO during my four years. Together we were true to the same mission–a dedication to creating a safer and more secure community through the pursuit of truth and a commitment to justice.

Meanwhile, best wishes for a Happy New Year!

Anthony A. Scarpino, Jr.
Westchester County District Attorney

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Media contact:
media@westchesterda.net
(914) 995-3586

Details

Created: 08 December 2020

Defendant: Kristen Lynn (DOB 02/08/85)

Dec. 8, 2020 -- Westchester County District Attorney Anthony A. Scarpino, Jr. announced Kristen Lynn of Yonkers pleaded guilty in the death of a 28-year-old Yonkers woman on the Saw Mill River Parkway in Hastings-on-Hudson in July 2019. She appeared in Westchester County Court before State Supreme Court Justice Barry Warhit.

Specifically, Lynn pleaded guilty to Aggravated Vehicular Homicide, a class B felony, and Vehicular Homicide in the Second Degree, a class C felony.

Lynn was indicted by a Westchester County Grand Jury in October 2019. Sentencing is scheduled for March 11, 2021.

Background
Just after midnight July 21, 2019, Kristen Lynn, driving a Lexus southbound on the Saw Mill River Parkway at Hastings-on-Hudson, rammed into the rear of a Honda driven by Danielle Gore-Johnson, 28, of Yonkers. By the impact of the crash and the speed at which the Lexus was traveling, Gore-Johnson’s car was pushed off the road into the shoulder, spinning the car sideways. The Honda landed on impact against a tree where it split in half. The driver, Gore-Johnson, was killed.

Lynn was driving in a reckless manner, at high speeds and with a blood alcohol count well above the legal limit. After crashing into the rear of the victim’s vehicle, Lynn’s car began skipping and spinning along the road. It then flipped over, slid for another several hundred feet and landed in the wooded shoulder. Lynn had been ejected from the vehicle before it came to a stop. Other motorists called 911. She was alive but semiconscious and unresponsive. Lynn was taken by ambulance to the hospital where she underwent surgery and treatment for serious injuries.

An extensive investigation was conducted into the crash by the Westchester County Police Accident Investigation and Reconstruction team, and detectives from the General Investigations Unit. Assistant District Attorney Daniel Flecha, Deputy Chief in the Trial Division, is prosecuting the case.

In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

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Media contact:
media@westchesterda.net
(914) 995-3586