In
NYPD Gun License Scandal Espinel
Gets 366 Days From Judge Ramos
Less Than Dean
By Matthew
Russell Lee, Scope, @SDNYLIVE
SDNY COURTHOUSE,
April 26 – When Robert Espinel
who pled guilty in the NYPD
gun license scandal appeared
for sentencing on April 26,
the U.S. District Court for
the Southern District of New
York courtroom of Judge
Edgardo Ramos was full of
Espinel supporters, some of
whom cried.
Espinel spoke,
but much shorted than his
co-defendant Paul Dean who
received an 18 month sentence
from Judge Ramos back in
January. Espinel did however
mention both Nine Eleven and
super storm Sandy.
Judge Ramos
praised Espinel for attending
his daughters' sports events -
something he said he wished
he'd made time to do - but
called Espinel's betrayal of
his position "confounding"
before imposing a sentence of
a year and a day, followed by
two years of supervised
release.
Here's from the
US Attorney's January press
release (for some reason the
Office did not publicize
Friday's Espinel sentencing)
-- "Robert Espinel was a
member of the NYPD from 1995
through his retirement in
2016, and was assigned to the
License Division from 2011
through 2016. From
at least 2013 through 2016,
multiple NYPD officers in the
License Division serving under
DEAN’s command, including
David Villanueva and Richard
Ochetal, solicited and
accepted bribes from gun
license expediters – including
Frank Soohoo, Alex
Lichtenstein, a/k/a “Shaya,”
and co-defendant Gaetano
Valastro, a former NYPD
detective – in exchange for
providing assistance to the
expediters’ clients in
obtaining gun licenses quickly
and often with little to no
diligence. In 2015 DEAN
and Espinel decided to retire
and go into the expediting
business themselves. In
order to ensure the success of
their business, DEAN and
Espinel planned to bribe
Villanueva and Ochetal, who
were still in the License
Division, to enable their
clients to get special
treatment. They also
agreed with Valastro to run
their expediting and bribery
scheme out of Valastro’s gun
store. According to the
plan, Valastro would benefit
from the scheme because DEAN
and Espinel would steer
successful applicants to
Valastro’s store to buy
guns. They also tried to
corner the expediting market
by forcing other expediters to
work through them.
Specifically, DEAN and Espinel
attempted to coerce Frank
Soohoo, another gun license
expediter, into sharing his
expediting clients with them
by threatening to use their
influence in the License
Division to shut down Soohoo’s
expediting business if Soohoo
refused to work with, and make
payments to, DEAN and Espinel.
"
As if in a
parallel universe, Roberto
Sanchez pled guilty to
narcotics offensed in the U.S.
District Court for the Central
District of Pennsylvania in
2017 and was to appeared to
sentenced, with a mandatory
five year minimum.
Then he
disappeared.
On April
24 he reappeared in the U.S.
District Court
for the
Southern
District of
New York
arraignments
courtroom,
presided over
by this
week by retiring
Magistrate
Judge Henry Pitman.
Unlike
most here,
including
Michael
Avenatti, he
was not asking
for a free
lawyer. His retained
counsel Angelo
Antonio
Castro III
told Judge Pitman
that Sanchez is
supporting
three children
in The Bronx
and had never,
in reality,
fled.
Judge Pitman
said that one
can as surely
flee in a
metropolitan area
as to
Timbuktu, and
that in any
event, remand
to the MCC was
mandatory.
But
Sanchez'
lawyer simply
would not give
up, insisted
first that the
Pennsylvania
plea was been
based on
coersion -
Judge Pitman
said the
warrant was
valid on its
face - then
finally asking
that under
Rule 20 of the
Federal
Rules of Civil
Procedure
the delayed
sentencing now
be moved to
the SDNY.
Chaos ensued.
Judge Pitman
to his credit
- we say
this in light
of yesterday's
reporting -
did not
dismiss this
Hail Mary out
of hand,
saying it was
a case of
firs impression.
The AUSA said
there was
no consent;
Judge Pitman
replied that neither
Office has
been asked. Finally
reference was
made to "Part
I" as an
appellate
remedy,
something about
which Inner
City Press the
only media in
the courtroom
asked about on
the way out.
Watch this
site, and @SDNYLIVE.
The day before on
April 23, two defendants
arrested at Newark
International Airport for an
advance fee scheme,
essentially predatory lending,
were presented before Judge
Pitman. One
of them, Omar
Young of 107 West
Fourth Street,
Granton,
Wisconsin, was
given a free /
publicly
funded lawyer
despite having
$215,000 in
a business
checking
account. The
other, a
Mister Perlman
of northern
Georgia, has
$161,000 in
the bank but
his counsel,
from the white
shoe firm of
Sullivan &
Cromwell,
argued
that he should
be given a
free lawyer - and
that the whole
proceeding
should be
sealed. But it
was held in
open court,
and Inner City
Press was
there, albeit
the only media
present. Why
is a corporate
law firm
like Sullivan
& Cromwell
representing a
predatory
lender --
alleged, of
course -- and
arguing
they should be
paid, and it
should be
sealed? Inner
City Press aims to
have more on
this case. For
now we note
that in the
open court
proceeding it
was said that
no hotel can
be found in or
around
New York City
for less
than $250 to
$300 a night,
and each
defendant was
allowed while
getting publicly
funded
counsel to
spend $2000 a
week while in
New York.
That's
$102,000 a
week, deemed
reasonable by
the court and
Sullivan &
Cromwell, in a
District
where many
families
don't make
that in a decade. Inner
City Press
will have more
on this.
Earlier on April 23, also by
Judge Pitman, a defendant
accused of selling fake IDs
over the Dark Net was told to
stop using that platform while
given bail on April 23. The
defendant,
apparently
also an
Italian
citizen and a
restaurant
consultant,
has social
media showing
his shooting
guns and has,
according to
the government, purchased
"SWAT-ing"
services
(Google it).
But Judge
Pitman told
him not to use
the TOR net,
while asking rhetorically
if they
even make
phones anymore
without the
Internet,
other than
those
advertised in
the back pages
of AARP
Magazine.
Indeed.
Earlier on April
23 a man was denied bail after
naming his Instagram account
"Catch Me If You Can." A
Mister
Crowder,
wearing a
"World Sacrifice Tour"
t-shirt, was
requesting
bail. But
Judge Pitman
asked about
the naming of
his Instagram
account, and
the two
excuses given, that
it was named
after a Leo
DiCaprio movie
("I've seen
it," Judge
Pitman said)
and that he
later changed
"if you
can" to "if
you could," were unavailing.
The marshals
took him back
into the cell
block Judge
Pitman
said to close
the door to,
less than an
hour before
affluent
opioids
distributor
Laurence Doud was
released on
$500,000 bail
and walked
with his
lawyer Mister
Gottlieb
across Foley
Square with
Inner City
Press asking
questions,
Periscope video here. We'll
have more on
this.
Back on
April 18 a
defendant pled
guilty to
selling marijuana and
having
a gun in
Manhattan, to
a plea
agreement
specifying 37
to 46
months. Magistrate
Judge Moses
asked the defendant
if he had
written his
allocation himself.
Sporting an
ACE bandage on
his right wrist, he
said Yes. Moments
later a Mr.
Butler, with
neck tattoo,
stepping up with a
financial
affidavit and
a lawyer, to
be appointed
as he is a
material witness.
So you work
construction?
Judge Moses asked. The
answer was
yes, and that
it was
seasonal - he was
not going to
work tonight
because it was
going to pour
rain. Judge
Moses asked,
Is it? And by
6 pm, there was
still no rain.
But her week
was over, and
not uninteresting,
including
disputes with
both the
Federal Defenders
and, less so,
with the
government. We
will continue
to cover this.
A defendant
accused in New York courts of
attempted murder but released
because not indicted in six
days was denied bail
on April 17
by
SDNY
Magistrate
Judge
Moses after
a contentious 5
p.m.
proceeding with
Inner City
Press the only media
present. The
Federal Defender
argued that
the NY ADA's
inability
to indict
within the six
day time frame
of NY CPLR 3030
meant there
really is no
evidence. The
Federal
Assistant
U.S. Attorney
said she had
called her
state
counterpart who
assured they
are
investigating.
Federal
Magistrate
Judge Moses said
she would not
credit
anything not
actually
before the
court - but
that attempted
murder sounds
serious. The defendant
is being
remanded and
held, it
seems, until a
hearing before
U.S.
District Court
Judge
Keenan.
Inner City
Press will
cover that as
well.
***
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