Former NYPD Officer Sentenced in Manhattan Federal Court for Conspiring to Distribute Firearms and Stolen Goods

Preet Bharara, the United States Attorney for the Southern District of New York, announced that GARY ORTIZ, a former New York City Police Department (NYPD) officer, was sentenced today to one year and one day in prison for engaging in a scheme involving the illegal interstate transport of firearms and stolen goods. ORTIZ was sentenced in Manhattan federal court by U.S. District Judge Paul G. Gardephe.

Manhattan U.S. Attorney Preet Bharara said: “Justice has been served today against Gary Ortiz, who tarnished his badge, violated the laws he swore to uphold, and betrayed his fellow officers, the NYPD, and the residents of New York City he swore to protect.”

According to the court filings and statements made in court:

From December 2010 to October 2011, ORTIZ, who joined the conspiracy in February 2011, and his co-conspirators, transported firearms and stolen goods, including cigarettes and other merchandise, across state lines. ORTIZ was an active duty NYPD officer at the time he committed the offenses.

ORTIZ helped steal hundreds of cases of cigarettes from trucks parked outside a warehouse and then transported the stolen cigarettes from Virginia to New York. He also participated in a scheme to transport 20 firearms, including three M-16 rifles, one shotgun, and 16 handguns—the majority of which had been defaced to remove or alter the serial number, and all of which had been disabled—from New Jersey to New York. The total street value of the goods ORTIZ helped transport across state lines was approximately $1 million. In total, ORTIZ was paid $18,000 for his role in the schemes.

In addition to the prison term, Judge Gardephe sentenced ORTIZ, 28, of Brooklyn, New York, to two years of supervised release and ordered him to pay a $200 special assessment fee. ORTIZ also has agreed to a money judgment of $18,000 representing his share of the crime proceeds, and has relinquished his interests in guns that were seized from him at the time of his arrest.

ORTIZ was originally charged in a four-count complaint along with 11 co-conspirators, many of whom were fellow NYPD officers. All of the defendants have now pled guilty, except Ali Oklu, an active duty NYPD officer at the time he allegedly committed the offenses. The charges and allegations against Oklu are merely accusations and he is presumed innocent unless and until proven guilty.

A chart containing the status of each defendant is below.

Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Internal Affairs Bureau of the NYPD.

This case is being handled by the Office’s Public Corruption and Complex Frauds Units. Assistant United States Attorney Carrie H. Cohen is in charge of the prosecution.

Customs and Border Protection Officer Arrested by Border Corruption Task Force Agents

Daphne Hearn, Special Agent in Charge of the San Diego FBI Office, and Chris Maston, Director of Field Operations, Customs and Border Protection (CBP), announce the arrest of CBP Officer Thomas Silva, age 33, a nine-year veteran with the CBP. Silva was arrested on Friday, September 7, 2012, at approximately 8:30 a.m., at the San Ysidro Port of Entry (SYPOE). Silva was taken into custody without incident by CBP and FBI agents assigned to the FBI Border Corruption Task Force (BCTF).

Silva was arrested pursuant to a federal arrest warrant based upon a complaint filed with the United States District Court, Southern District of California, case number 12MJ3305. The complaint charges Silva with wire fraud and concealing a person from arrest. The specific charges are Title 18, United States Code (U.S.C.) Section 1343, wire fraud; and Title 18, U.S.C., Section 1071, concealing a person from arrest.

The charges in this matter emanate from a multi-agency investigation conducted by the BCTF. The BCTF investigation was initiated in November 2010, after the CBP detected irregularities with Silva’s work. Specifically, the CBP reported that Silva was allowing individuals with imposter immigration documents to pass through the SYPOE. Subsequent investigation by the BCTF revealed that Silva was involved in a variety of criminal activity, some of which related to his position as a CBP officer.

The complaint alleges that in April 2012, Silva knowingly allowed Julio Cesar Landaverde Valdez, a federal fugitive, to enter the United States from Mexico through the SYPOE. Landaverde Valdez was convicted in 2006 for alien smuggling. In this matter, Landaverde Valdez and an associate tried to enter the United States through the SYPOE with an undocumented alien concealed in a dashboard compartment of the vehicle. Landaverde Valdez is Silva’s brother-in-law.

The complaint also alleges that in 2011, Silva engaged in a scheme to defraud Farmers Insurance Company by filing a false claim concerning the theft of his personal vehicle. Silva was paid $7,329.37, as a result of this false claim.

Silva has been booked into the Bureau of Prisons (BOP), Metropolitan Correctional Center (MCC) and expected to have his initial appearance before U.S. Magistrate Judge William V. Gallo, on Monday, September 10, 2012.

This matter is being prosecuted by Assistant United States Attorneys (AUSAs) from the U.S. Attorney’s Office (USAO), Southern District of California, San Diego, California.

The BCTF is composed of the CBP-Internal Affairs, CBP-Field Operations, Transportation Security Administration (TSA), U.S. Border Patrol, Drug Enforcement Agency (DEA), USAO, and the FBI.

An arrest itself is not evidence that the defendants committed crimes charged. The defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.

NYPD Officer Sentenced in Manhattan Federal Court to 40 Months in Prison for His Role in Conspiracies to Distribute Firearms and Stolen Goods

Preet Bharara, the United States Attorney for the Southern District of New York, announced that Joseph Trischitta, a former New York City Police Department (NYPD) officer, was sentenced today to 40 months in prison for engaging in a scheme involving the illegal interstate transport of firearms and stolen goods. Trischitta was sentenced in Manhattan federal court by U.S. District Judge William H. Pauley, III.

Manhattan U.S. Attorney Preet Bharara said, “Joseph Trischitta’s sentencing today is the latest reminder of the consequences of public corruption. It does a disservice to the overwhelming majority of public servants who conduct themselves so honorably and to the people they serve.”

According to the court filings and statements made in court:

From December 2010 to October 2011, Trischitta transported firearms and what he believed to be stolen goods, including slot machines, cigarettes, and other merchandise, across state lines. Trischitta, who was on payroll as a retired NYPD officer at the time he committed the offenses, was recruited to join the conspiracy in December 2010 by its leader and organizer, NYPD officer William Masso. Trischitta helped transport firearms, including three M-16 rifles, one shotgun, and 16 handguns—the majority of which had been defaced to remove or alter the serial number, and all of which had been disabled. Trischitta and his co-conspirators also transported slot machines, thousands of cartons of cigarettes, and other counterfeit merchandise. The goods carried a street value of approximately $1 million.

The trips in which Trischitta participated included a trip to transport purportedly stolen slot machines from Atlantic City to New York, multiple trips to transport hundreds of cases of purportedly stolen cigarettes from New Jersey to New York, and the trip in which the 20 firearms were transported interstate. In total, Trischitta was paid $11,500 for his role in the schemes.

Trischitta specifically discussed with his co-conspirators using their credentials and knowledge as law enforcement officers in preparing for and carrying out the schemes. For example, in a meeting in March 2011, Masso explained that the men should carry their law enforcement badges during the operation and, if stopped, say they were police officers working off-duty to deliver items that had been purchased at an auction. When the group was discussing which vehicle to rent to transport the stolen goods, Trischitta used his knowledge as a law enforcement officer to recommend against using certain types of vehicles that law enforcement often inspect.

In addition to the prison term, Judge Pauley sentenced Trischitta, 43, of Staten Island, New York, to two years of supervised release and ordered him to pay a $50,000 fine and a $200 special assessment fee. Trischitta also has agreed to a money judgment of $11,500 representing his share of the crime proceeds and has relinquished his interests in guns seized from him at the time of his arrest.

Trischitta was originally charged in a four-count complaint along with 11 co-conspirators, many of whom were fellow NYPD officers. All the defendants have now pled guilty, except Ali Oklu, an active duty NYPD officer at the time he allegedly committed the offenses. The charges and allegations against Oklu that are contained in the complaint and the information are merely accusations and he is presumed innocent unless and until proven guilty.

A chart containing the status of each defendant is attached.

Mr. Bharara praised the investigative work of the FBI and the Internal Affairs Bureau of the NYPD.

This prosecution is being handled by the Office’s Public Corruption and Complex Frauds Units. Assistant United States Attorney Carrie H. Cohen is in charge of the prosecution.

Former NYPD Officer Who Led Conspiracy to Distribute Firearms and Stolen Goods Sentenced in Manhattan Federal Court to 57 Months in Prison

Preet Bharara, the United States Attorney for the Southern District of New York announced that William Masso, a former New York City Police Department (NYPD) officer, was sentenced today to 57 months in prison for leading a group of active and retired NYPD officers and others in a scheme involving the illegal interstate transportation of firearms and stolen goods. Masso, who was an NYPD officer on active duty at the time he committed the offenses, pled guilty in February 2012 to one count of conspiracy to transport firearms interstate, one count of conspiracy to transport defaced firearms interstate, one count of conspiracy to sell a firearm to an out-of-state resident, and one count of conspiracy to transport and receive stolen goods interstate. He was sentenced in Manhattan federal court by U.S. District Judge John G. Koeltl.

Manhattan U.S. Attorney Preet Bharara said, “William Masso chose to abuse the power conferred on him by the badge he wore and to encourage others to do the same. His sentencing today brings this sorry tale of corruption that disserved the NYPD and the people of New York City one step closer to conclusion.”

According to the complaint, the plea agreement, the four-count information to which Masso pled guilty, sentencing submissions, and statements made in court:

In late 2009, Masso met a confidential informant (“CI”) who was working for the Federal Bureau of Investigation (FBI). During conversations over the next several months, Masso expressed an interest in obtaining and selling cigarettes and other contraband. At the direction of law enforcement, the CI began to supply Masso with cigarettes he said were stolen out of state. Masso subsequently sold the cigarettes he received from the CI.

In the spring of 2010, the CI and Masso discussed whether Masso could assist him and his boss, who was really an undercover law enforcement agent (“UC-1”), with the transportation and sale of stolen goods. Masso agreed to do so, saying that he could recruit both active and retired police officers to ensure safe transport of the goods. Thereafter, Masso recruited fellow NYPD officers and other members of law enforcement to join the conspiracy. He told the CI that he had set up “a good army” ready to help transport the stolen goods.

From September 2010 to October 2011, the FBI supplied Masso and his team of co- conspirators with goods that they were led to believe were stolen. Masso and his co- conspirators transported the goods, including three M-16 rifles, one shotgun, and 16 handguns—the majority of which had been defaced to remove or alter the serial numbers, and all of which had been rendered inoperable—12 slot machines, thousands of cartons of cigarettes, and other counterfeit merchandise across state lines into New York. In total, the goods that Masso and his team illegally transported carried a street value of approximately $1 million.

In preparing for and carrying out this scheme, the defendants specifically discussed using their credentials and knowledge as law enforcement officers. For example, in a meeting in March 2011, Masso explained that the men should carry their law enforcement badges during the operation and, if stopped, say they were police officers working off-duty to deliver items that had been purchased at an auction. Masso and his team also used their specialized knowledge as law enforcement officers in determining the ideal vehicle to rent to transport the goods; they wanted one that was least likely to get pulled over for inspection.

In addition, in July 2011, Masso conspired to sell a shotgun to UC-1 for $2,000. He was assisted by two other co-conspirators, Anthony Santiago and Michael Gee. After providing the shotgun, Masso told UC-1 that the gun was just a “sample” and that they could get anything “from A to Z.” A few months later, in September 2011, Masso, again with the assistance of some of his other co-conspirators, transported firearms—all of which had been rendered inoperable by the FBI—from New Jersey to Long Island. After inspecting the guns and viewing the defaced serial numbers, Masso drove the guns in his car with his NYPD jacket displayed in the car window during the trip.

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In addition to the prison term, Judge Koeltl sentenced Masso, 48, of Brooklyn, New York, to three years of supervised release and ordered him to pay a $400 special assessment fee. Masso has also agreed to a money judgment of $50,000, representing the amount of the crime proceeds, and has relinquished his interest in guns seized from him at the time of his arrest.

Masso was originally charged in a four-count complaint along with 11 co-conspirators: Eddie Goris and John Mahoney, who were also active-duty NYPD officers in the 68th precinct at the time they engaged in the conspiracy; Ali Oklu, who was an active-duty NYPD officer working as a member of the Brooklyn South Task Force; Gary Ortiz, who was an active-duty NYPD officer working in Brooklyn’s 71st precinct; Marco Venezia, who was a retired NYPD officer who had worked in community affairs during part of the time he engaged in the conspiracy; and Joseph Trischitta and Richard Melnik, both of whom were retired NYPD officers who had worked in Brooklyn’s 68th precinct. Also charged in the complaint were former NYC Department of Sanitation Police Officer Anthony Santiago, then active-duty New Jersey Corrections Officer David Kanwisher, and associates Michael Gee and Eric Gomer. Kanwisher pled guilty in February 2012 and was sentenced in June 2012 to 27 months in prison. All of the remaining co-conspirators, except for Oklu, have pled guilty and await sentencing. The charges against Oklu are merely accusations, and he is presumed innocent unless and until proven guilty.

Mr. Bharara praised the investigative work of the FBI and the Internal Affairs Bureau of the NYPD.

This prosecution is being handled by the Office’s Public Corruption and Complex Frauds Units. Assistant United States Attorney Carrie H. Cohen is in charge of the prosecution.

Former NYPD Auxiliary Sergeant Sentenced in Manhattan Federal Court to 127 Months in Prison for Conspiring to Distribute Narcotics

Preet Bharara, the United States Attorney for the Southern District of New York, announced that Rafael Jimenez, a former auxiliary police sergeant with the New York City Police Department (NYPD), was sentenced today in Manhattan federal court to 127 months in prison for participating in a conspiracy to distribute cocaine. Jimenez pled guilty in November 2010. He was sentenced today by United States District Judge Katherine B. Forrest.

Jimenez’s co-defendant Alfredo Rivera, a retired NYPD officer, was found guilty following a four-day jury trial in February 2012 of one count of participating in a conspiracy to distribute cocaine and one count of using, carrying, and possessing a firearm in connection with that conspiracy.

According to the indictment, other documents filed in the case, and statements made in court during the guilty plea and sentencing proceedings:

During a meeting with a government informant (the “First Informant”) in January 2010, Jimenez said he would use an armed retired NYPD officer to assist in the transportation of cocaine. In February of 2010, Jimenez and Rivera met with a second government informant (the “Second Informant”), whom Jimenez and Rivera believed to be a large-scale cocaine distributor. During the meeting, Rivera—who was armed with an NYPD-issued 9mm handgun—told the Second Informant that if stopped by the police, “I just show my I.D. and my shield...they always say, ‘Get out of here.’” Jimenez and Rivera subsequently agreed to transport a 10-kilogram load of cocaine from a warehouse in Long Island to a narcotics customer in the Bronx, New York. Rivera agreed to be paid $1,200 per kilogram of cocaine transported, for a total of $12,000, and further agreed to use a portion of that money to pay Jimenez for his role in the transaction. On March 23, 2010, while armed with the handgun, Rivera drove to a warehouse in Long Island, where he was observed by law enforcement agents picking up a duffel bag that contained approximately 10 kilograms of a white substance consistent with the appearance of cocaine. Rivera then drove the bag from the warehouse to the Bronx.

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In addition to the prison term, Judge Forrest sentenced Jimenez, 58, of New York, New York, to five years of supervised release and ordered him to pay a $100 special assessment fee.

Rivera, 53, of the Bronx, New York, is scheduled to be sentenced by Judge Forrest on May 18, 2012. He faces a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison.

Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation and the NYPD’s Internal Affairs Bureau.

This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Brian A. Jacobs and Howard S. Master are in charge of the prosecution.