Issues: Crime

State Senator Peralta Targets 21st Century Gang Crime

With holiday shopping bills coming due, State Senator Jose Peralta is cautioning consumers to keep an eye out for unauthorized or suspicious transactions on their bank and credit card statements and is introducing legislation to help law enforcement crack down on “21st Century” organized crime activity.

 Identity theft and the confiscation of personal information, such as bank PINs, are not "seasonal" crimes, but they occur with greater frequency during periods of increased financial activity—like the Christmas shopping season.

 Gangs are becoming more involved in these and other white-collar crimes, such as bank fraud, credit card fraud, money laundering, counterfeiting and mortgage fraud, according to the FBI's National Gang Intelligence Center, which identifies New York and Florida as the twin epicenters of this troubling new development in organized crime.

“Despite the increasing prominence of these crimes, the law used in New York to prosecute gangs and organized crime organizations does not include a wide variety of cyber and identity crimes,” Senator Peralta said.  “That’s not surprising considering that when the Enterprise Corruption Statute was passed in 1986, pagers were the cutting-edge personal technology of the day and the identity theft law did not even exist.”

Queens District Attorney Richard A. Brown, who worked closely with Senator Peralta in drafting the legislation, said, “Those committing the crimes of identity theft are well-organized enterprises that inflict economic harm on a global scale, often leaving multiple victims and significant financial losses in their wake. My office has utilized the enterprise corruption statute in the past to pursue justice against those committing these crimes and this legislative fix to strengthen the law will allow us to do that more efficiently. I thank Senator Peralta for his leadership in introducing this legislation and for recognizing that the law must keep pace with emerging technology.”

Including crimes such as identity theft in the Enterprise Corruption Statute would also save the state money by eliminating duplicative legal proceedings, potentially saving hundreds of thousands of dollars per case.

When a defendant is charged with the crime of enterprise corruption by committing larceny through identity theft, for example, current law requires the defendant be indicted twice for the same underlying actions—one indictment for enterprise corruption and larceny and a second indictment for the identity theft charges.

In turn, a defendant must also be arraigned twice, have bail set twice and have two sets of motions.  In the end, a defendant is tried for the same conduct not once, but twice.

In addition to being needlessly costly to the state, the current law is inequitable to defendants, who also face duplicative costs stemming from needing to pay two retainers to defense counsel.

Here’s a small sampling of high-profile cases of new-age organized crime activity: U.S. Says Ring Stole 160 Million Credit Card Numbers; an identity theft ring spearheaded by the Crips, Bloods and a Brooklyn-based gang called the Outlaws stole more than $2 million from New York charities;  a cyber-theft of 10 million credit and debit card records was attributed to a New York City based street gang with ties to Central America; a Romanian man with ties to organized crime was charged with stealing at least $1.5 million by installing "skimmer" devices at ATM machines across New York City and Long Island.

“The bill would bring the law into the 21st Century,” Senator Peralta said.  “And it would make it easier for police and prosecutors to go after gangs and organized crime syndicates, in addition to saving the state money.”

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December 10, 2013
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State Leaders Developing Cybercrime Policies

By RICHARD MOODY, Legislative Gazette, December 02, 2013

December 10, 2013
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Public Hearing: Examination of the Laws Governing the Age of Adult Criminal Responsibility

Joint – Assembly Standing Committee on CodesChair: Assembly Member Joseph R. LentolAssembly Standing Committee on JudiciaryChair: Assembly Member Helene E. WeinsteinAssembly Standing Committee on Children and FamiliesChair: Assembly Member Donna LupardoAssembly Standing Committee on EducationChair: Assembly Member Catherine T. Nolanand New York State Black, Puerto Rican, Hispanic, and Asian Legislative CaucusChair: Assembly Member Karim CamaraPublic Hearing: Examination of the Laws Governing the Age of Adult CriminalResponsibilityPlace: Assembly Hearing Room, 250 Broadway, Room 1923, 19th Floor, New York, New YorkTime: 10:00 A.M.Contact: Rebecca Mudie (518) 455-4313Media Contact: Assembly Press Office (518) 455-3888ORAL TESTIMONY BY INVITATION ONLY

December 6, 9:45 AM - 12:45 PM
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SQUADRON, MOSLEY ANNOUNCE RETAIL ANTI-PROFILING ACT

Legislation Would Open Black Box of NYPD Policing at Private Businesses, Including Use of Racial Profiling

Squadron-Mosley Bill Would Also End MOU Requiring NYCHA to Pay $74 Million a Year for "Additional Police Services"

NEW YORK -- Today, State Senator Daniel Squadron and Assemblyman Walter Mosley announced the Retail Anti-Profiling Act, which would require transparency on additional policing provided to private businesses by the New York City Police Department -- such as the NYPD's role in potential racial profiling at Barneys and Macy's -- and end the 1994 MOU under which the New York City Housing Authority is charged for "additional police services."

November 26, 2013
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No Parole For Dart - Keep Convicted Killer Locked Up

ONEONTA, 11/22/13 – State Senator James L. Seward (R/C/I-Oneonta) today urged the new York State Parole Board to deny the release of David Dart, who murdered 18 year old Gillian “Jill” Gibbons in 1989 in Oneonta. 

“This horrendous crime remains fresh in the minds of the victim’s family, her friends, and the community at large,” said Senator Seward. “I see no reason why this confessed killer should be afforded the opportunity to roam free after taking a young woman’s life in cold blood.” 

November 22, 2013
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GENDA SPONSOR SQUADRON STATEMENT ON TRANSGENDER DAY OF REMEMBRANCE

NEW YORK -- State Senator Daniel Squadron, the Senate sponsor of the Gender Expression Non-Discrimination Act (GENDA), released the following statement to mark Transgender Day of Remembrance:

November 20, 2013
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New York Senate Hearing on Cybersecurity

Joint - Senate Standing Committee on BanksChair: Senator Joseph GriffoSenate Standing Committee on Veterans, Homeland Security and Military AffairsChair: Senator Greg BallSenate Standing Committee on InsuranceChair: Senator James SewardSenate Standing Committee on Commerce, Economic Development and Small BusinessChair: Senator David ValeskySenate Select Committee on Science, Technology, Incubation and EntrepreneurshipChair: Senator Martin GoldenSenate Standing Committee on Crime Victims, Crime and Correction

November 19, 2013
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GALLIVAN, FIVE SENATE COMMITTEE CHAIRS HOST STATE'S FIRST HEARING ON CYBER-SECURITY

ROME - Six Senate committees will held a joint hearing Monday to hear testimony from experts in law enforcement, finance and computer science about the state’s preparedness against cyber-attacks.

November 18, 2013
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NY SENATE TO CONVENE MASSIVE CYBERSECURITY HEARING IN ROME

ROME - Six Senate committees will hold a joint hearing at noon Monday to hear testimony from experts in law enforcement, finance and computer science about the state’s preparedness against cyber-attacks.

“Cyber crime is a major economic issue, resulting in more than $500 million in losses last year alone,” said Sen. Joseph A. Griffo, who chairs the Senate Banking Committee and is hosting the event. “There’s a reason why England considers it an even greater threat than nuclear war. We need to take a closer look at what our state is doing to prevent cyberattacks that could affect our security, our economy and our government.”

November 15, 2013
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SENATOR FUSCHILLO ANNOUNCES EXPANSION OF NEW YORK'S SEX OFFENDER REGISTRY TO INCLUDE MULTIPLE PHOTOS OF CONVICTED OFFENDERS

Additional photographs detailing changes in appearance will allow for enhanced monitoring by law enforcement and greater public awareness

     Senator Charles J. Fuschillo, Jr. (R-Merrick) is informing residents that the state’s Sex Offender Registry will now display multiple photographs of convicted sex offenders. The new change will help make offenders more recognizable to law enforcement personnel and the public.

November 12, 2013
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'Bronx Freedom Fund' pays bail so poor misdemeanor defendants can avoid jail time

Bronx residents who can’t make their bail now have a financial backer who can help them avoid jail time.

The Bronx Freedom Fund has already helped five cash-strapped defendants charged with misdemeanor crimes avoid pretrial detention since it launched last week.

Clients, many of whom have no prior arrests and face minor drug charges, are recommended to the fund through the Bronx Defenders, a nonprofit organization.

“It gives people the ability to post bail and to defend themselves better,” said state Sen. Gustavo Rivera (D-Tremont), who sponsored a bill that legalized the group’s work last year.”

The program — the first to be licensed in the state — aims to help indigent defendants charged with non-violent misdemeanors with bails set at $2,000 or less.

November 8, 2013
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Senator Stewart-Cousins Speaks at the WCA "Raise The Age" Town Hall Meeting

One of the leading advocates for children in Westchester, Senator Stewart-Cousins attended the WCA "Raise the Age" Town Hall Meeting as a panelist to raise awareness to "raise the age of criminal responsibility for juvenile offenders". The meeting was held on Wednesday evening, October 30th, at the White Plains Public Library.

November 4, 2013
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Senator Serrano Writes letter to 44th Precinct to Address Safety Concerns of Local Constituents

(Bronx, NY)- Senator José M. Serrano worked with the 44th Precinct to root out criminal activity near 157th St. in the Bronx.  Community members contacted Serrano to express concern about alarming criminal activities they claim has been taking place in the neighborhood.

October 29, 2013
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Senator Stavisky Reminds New Yorkers to put Safety First this Halloween

Flushing, NY—Senator Toby Ann Stavisky (D- Flushing) is urging children and parents to use caution this Halloween so that the day remains safe and enjoyable for all.

 

October 28, 2013
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An Important Message on Domestic Violence: "NO MORE!"

Since 1987, our nation has observed October as Domestic Violence Awareness Month.  This year, a number of celebrities, athletes, corporate leaders, and concerned advocates have joined forces in the battle against domestic violence with a dramatic new series of public service announcements that feature the NO MORE symbol, the first unified branding symbol (like the pink breast cancer ribbon) related to this important issue.

Along with raising public awareness, I wanted to let you know what I'm doing here in New York to help protect women and families, and to ensure that domestic violence offenders are appropriately punished for their crimes.  

October 16, 2013
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Senator Kennedy: October is Domestic Violence Awareness Month; Commitment to Domestic Violence Prevention Must Remain Strong Every Month, All Year.

To recognize Domestic Violence Awareness Month, Senator Kennedy reiterates urgent need to pass Jackie’s Law and enact new initiatives to “break the cycle” of domestic violence.

October 11, 2013
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New York State Senate Honors Men Who Helped Rescue 10-Year-Old Girl and Comfort Lori Bresnahan After a Brutal Assault in Clay

On September 30, State Senator David J. Valesky honored two Onondaga County men who helped rescue a 10-year-old girl, and comfort Lori Bresnahan, after a brutal assault in Clay.

October 1, 2013
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STATE ENACTS NEW MEASURE TO COMBAT BATH SALTS

A Column By Sen. Patrick M. Gallivan

Like everything in the United States, drug use and abuse has evolved alongside the ebb and flow of larger American culture. The sixties and seventies saw the rise in recreational use of marihuana and psychedelics like LSD. Later cocaine become a popular substance of choice, and along with it, the development of crack cocaine – a compound so addictive and destructive that many communities are still struggling to recover from the crack epidemic of the late eighties and early nineties that devastated neighborhoods and urban centers across the country. More recently, we have experienced an increase in heroin and synthetic opioid use along with designer drugs like ecstasy and methamphetamine.

September 27, 2013
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Public Hearing: Cybersecurity: Defending New York from cyber attacks

Joint - Senate Standing Committee on BanksChair: Senator Joseph GriffoSenate Standing Committee on Veterans, Homeland Security and Military AffairsChair: Senator Greg BallSenate Standing Committee on InsuranceChair: Senator James SewardSenate Standing Committee on Commerce, Economic Development and Small BusinessChair: Senator David ValeskySenate Select Committee on Science, Technology, Incubation and EntrepreneurshipChair: Senator Martin GoldenSenate Standing Committee on Crime Victims, Crime and CorrectionChair: Senator Patrick M. GallivanPublic Hearing: Cybersecurity: Defending New York from cyber attacksPlace: The Griffiss Institute, 725 Daedalian Drive, Rome, New YorkTime: 12:00 P.M. – 4:00 P.M.Contact: Dwight Evans (518) 455-3334Media Contact: Rayan Aguam (315) 793-9072ORAL TESTIMONY BY INVITATION ONLY

November 18, 12:00 PM - 4:00 PM
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