Another strange and captivating detail has emerged from the ongoing Jeffrey Epstein saga. According to the Department of Justice, one of the deceased and disgraced financier’s prison guards acted very suspiciously in the days leading up to the infamous murder suicide.

Investigators say the prison guard, who was in charge of Epstein’s unit, deposited $5,000 in cash into his bank account about 10 days before the inmate was found deceased. In November of 2019, Chase Bank flagged the deposits as “suspicious activity” and filed a report. Investigators found out that the $5,000 deposit was only the tip of the iceberg.

About 11 other large cash deposits were made into Tova Noel’s bank account. The first time this type of cash was deposited into the account was in December of 2018. In total, Noel made $11,880 in deposits. Noel just started working in Epstein’s unit weeks before the death.

While Noel should’ve been doing rounds every 30 minutes to check on Epstein and other inmates, she was instead browsing online. An investigation into her internet search history that night revealed Noel was shopping online for furniture. At around 5:42 A.M., she googled “latest on Epstein in jail.” Then, at 5:52 A.M., she allegedly searched for the same thing again. Eerily, Epstein was discovered deceased less than 40 minutes later.

Interestingly, the prison guard told FBI agents that she doesn’t remember looking up or Googling the inmate.

While nothing has been confirmed, an internal FBI briefing that was later released showed the agency suspected Noel might be the mysterious orange shape that’s spotted on the surveillance cam near Epstein’s cell that night. The report suggests that the blurry officer provided linens and extra inmate clothing to the unit, which were likely used by Epstein to finalize his story. No one has been able to clearly identify the blob, despite it being a huge source of debate within the FBI and the public.

Ultimately, Tova Noel was fired after the horrible incident. She was also arrested for falsifying records to claim she had checked on Epstein throughout the night of his suicide, but those charges were later dropped.

Falsifying Records as a Correctional Officer

In New York, correctional officers have historically faced serious, felony-level charges for falsifying records. When falsifying records leads to coverups for violent incidents like assaults, murders, or suicides, then the charges can result in up to 20 years in federal prison. Correctional officers can also face similar penalties if falsifying records leads to a coverup of misconduct, like not actually conducting rounds as is required.

On top of criminal consequences, these officers typically lose their jobs and whatever pensions, or retirement are associated with their position. In some cases, especially when convictions occur, the person can be permanently disqualified from working in law enforcement.

If you’ve been accused of falsifying records or committing another type of offense as a correctional officer, then it’s important to hire legal representation as soon as possible. Contact our office now to schedule a free consultation.

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23-year-old Christopher Miller was wanted by the New York Police Department after making a bold escape from Manhattan’s Bellevue Hospital last week. According to police, Miller was originally arrested on February 2nd after getting into a violent altercation at a McDonald’s restaurant in Manhattan. During the ordeal, Miller was stabbed in his thigh. Police transported the suspect to the hospital for treatment, but he was still considered to be under arrest.

While getting treatment for the stab wounds, the shackles were removed from the suspect. Unfortunately, a rookie police officer made a mistake and left the room. The suspect was unattended for a brief period of time.

At around 3:50 A.M. on February 3rd, Miller simply walked out of the hospital. He used a back door of the ICU unit and then used the front lobby entrance to fully escape. It remains unclear where the suspect went after, but police were not able to locate him all weekend. An open warrant for his arrest was made public.

Christopher Miller, who is currently a Harlem resident, is around 5 feet 6 inches tall. He’s around 160 pounds, and he has black hair. The last time Miller was seen, he was wearing a gray sweatsuit. He was also carrying a black cane. Police released surveillance footage of Miller’s escape, but that’s not what ultimately led to his capture.

In a totally unrelated incident, Miller was on probation for criminal possession of a firearm. The NYPD contacted the suspect’s probation officer and then asked that professional to attempt to reach out to the suspect. The probation officer didn’t inform the suspect about the open warrant but instead asked him to show up for a meeting.

Police say they’ve successfully located and apprehended the suspect after he showed up to his own probation meeting on February 5th. Right now, Miller is facing charges of both his original misdemeanor and third-degree escape.

Third-Degree Escape in New York

Under the law in New York, a person will be considered in custody when they are restrained by a public servant pursuant to an authorized arrest or an order of a court. A police officer would be considered a public servant. The law further specifies that an individual will be guilty of escape in the third degree when the person escapes from custody.

This type of crime is considered a class A misdemeanor. In New York, a conviction for a class A misdemeanor can result in up to one year in jail, fines of up to $1,000, and a probation period of up to three years.

Navigating your charges will likely be difficult. You’re only likely to get with this type of crime when you’re under arrest for a different crime. With that in mind, you’ll have multiple charges to balance.

If you’ve been accused of third-degree escape, resisting arrest, or a similar type of crime, then our team here at Bukh Law Firm can help you navigate your situation. Schedule a call and get your free case evaluation now.

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Eagle Feathers don’t match the high drama of Paul Manafort’s trial for bank fraud and money laundering. But a single eagle feather us topping the news in New York City today.

New York’s Governor, Andrew Cuomo, recently shared a story about picking up a feather lost by an eagle after it dived near his family’s canoe during a long weekend on an Adirondack lake.

The New York Democrat told reporters he still has the feather above his fireplace. That’s a major no-no.

The Bald and Golden Eagle Protection Act of 1940 forbids the possession of eagle feathers by non-Native Americans. Convictions mean a fine of up to a year in jail and a $100,000 fine.

Officials with the Fish and Wildlife Service decided not to comment on Cuomo’s possession of the feather and referred questions to the U.S. Department of Justice.

It’s a law most Americans don’t know about. According to Cuomo’s office, the governor didn’t either. When the federal law was passed, bald eagles had almost disappeared from the lower 48. Use of DDT, an insecticide, decimated eagle populations and by 1963 fewer than 500 nesting pairs remained. DDT was banned in 1972 by the then new Environmental Protection Agency. The EPA’s action is credited with saving bald eagles.

In New York, restoration efforts have brought the bald eagle population back from just a handful in 1960.

5 Really Strange Laws In New York

The ban against private individuals owning Eagle feathers makes sense. There are still other laws on the books which make no sense and a person is a criminal if they violate one.

1. No slippers past 10pm
2. A license is needed to hang clothes on a clothesline
3. Throwing a ball at someone’s head is illegal
4. Selling pet hair
5. People congregating in groups of two or more are banned from wearing masks

Ignorance of the Law Is No Excuse

Arkady Bukh, a noted New York defense attorney, said, “A person can’t defend their actions by claiming they didn’t know their actions were illegal. That is true if they didn’t even realize they broke the law.”

Under America’s justice system, people are expected to know what the law requires. That doesn’t mean everyone has to be a legal expect — that’s not realistic. Een attorneys don’t know every rule and law there is.

It simply means people can’t defend their actions by claiming ignorance.

If the principle were not in place, it would be easy for persons to break a contract, ignore a neighbor’s right to privacy or even sell drugs if they could get by with arguing they didn’t know it was illegal.

But good people often make mistakes even with good intentions. They may break the law since they didn’t realize they are doing something illegal. America’s legal system is complicated and when people with good intentions go to court, judges often are understanding — unless certain kinds of crimes are involved.

The Takeaway

After the Associated Press asked about the feather, Cuomo said he would either return it to the lake or give it to a U.S. Fish and Wildlife authority.

To get information about the law in general, there are several things a person can do:

• Contact an attorney
• Consult legal information websites
• Use services offered by the American Bar Association

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Okumou huddled at the monument’s base and had a four-hour standoff with law enforcement before two New York cops climbed up and took her into custody.

“She’s been taken into custody, peacefully,” said Sgt. David Somma, a National Park Service spokesman. “Thank God. It’s all over now.”

Okumou is an activist with the group ‘Rise and Resist’ which hung the banner protesting Trump’s ‘zero-tolerance’ immigration policy, but authorities still do not know if Okumou was acting under the group’s umbrella or was a renegade. She was wearing a Rise and Resist t-shirt.

The Statue of Liberty is a national monument and is administered by the National Park Service.

Who is Rise and Resist?

Rise and Resist is an American movement, primarily found in New York City, created in answer to the 2016 election of Donald Trump. The group has put together several marches and protests against Trump and his policies, as well as lent support for similar organizations’ protests, such as the 2017 Women’s March. In December 2017, Rise and Resist also joined in demonstrations against Trump’s Tax Reform Plan.

How To Legally Protest In New York City?

Okumou’s action fell under the National Park’s jurisdiction since it is federal property. There are several, although often overlapping, rules for protesting in the city.

New Yorkers, like everyone else, have the right to peacefully protest on public sidewalks, parks, plaza and streets. The right includes leaflet distribution, hold demonstrations or rallies. Each local government may dictate some restrictions on the time and location of protests while requiring a permit.

If the group, or someone who is protesting as an individual, does not plan to use amplified sounds, no permits are required. The police don’t have to be notified, but if a large group, or marching in the street, is planned a parade permit must be acquired.

Typically there are no fees to apply for a permit and the police don’t need to be notified. But if the group is big enough, the police can be counted on to have a presence. Law enforcement often provides an escort for a group marching in the streets and if contacted ahead of time, may even block off the street for the group.

Law Enforcement Seeks Information

If the group decides to contact law enforcement before the event, the police are allowed to ask questions about the event — but the caller doesn’t have to answer. Most local authorities in New York have standard guidelines for events at specific locations. A copy of the rules and guidelines is available when seeking a permit.

Banners & Signs

Groups are allowed to use banners or signs, but restrictions may be placed on the size of the banners and signs as well as the material used in the construction. Signs may not be fastened to wooden sticks, for example, so demonstrators often afix signs to cardboard tubing or simply hold them.

Neither signs nor banners are permitted to be attached to public property such as light posts or telephone poles.

The Don’ts

Keep in mind there is a list of ‘don’ts’ when protesting or demonstrating in the city. Be sure to:

• Not block a sidewalk
• Not block a businesses entrance or exit
• Not block traffic when crossing the street
• Not touch a police officer or get in their way
• Keep the permit handy during the protest
• Make sure the group spokesperson(s) introduce themselves to law enforcement

Arrested?

Try to obey law enforcement’s instructions, even if it seems their action violates your First Amendment rights. Comply with their guidance first and talk to the NYCLU and an experienced attorney later.

Never interfere with an officer who is approaching or arresting someone during the event. Doing so may lead to immediate arrest. You can always watch from a distance while writing down times, names, locations and witnesses.

The Takeaway

For any questions about protests, marches and rallies in New York City, contact an attorney experienced in civil disturbances.

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Simply put, no.

For individuals without a state-granted medicinal marijuana card, possessing pot, and use are prohibited both in New York State and New York City.

In the city, possession has been liberalized— but not sanctioned. Having up to 25 grams of pot can produce a $100 ticket for a first infraction. The second time around, the prize is a $200 penalty. Go for the third time, and the sanction jumps to $250 and a possibility of spending 15-days in jail.

“Burning” — public use — is a misdemeanor which brings a $250 hit and up to 90-days behind bars.

However…

If you’re white with a tiny amount of pot, you probably won’t have any difficulties. If you’re any other shade, the story changes.

The growing and selling of marijuana has generated billions in the nine states where it is legal — but it is an industry that is overwhelmingly white.

Yes. The disparity is offensive and outrageous, but it’s a fact.

How Do New Yorkers Get Their Pot?

Same as they always did. Despite New York State licensing both clients and clinics, pot offerings are illicit for non-medical marijuana patients. There are thousands of persons working in the illegal pot market.

It’s not unheard of, for instance, for a bicycle livery person to sell an “eighth” for $50.

Jerome ran a bicycle delivery service out of his Lower East Side apartment for years. His clients included well-known corporate types who worked in media and the financial industries. Among his clientele it was an open secret Jerome was also selling pot. He moved pounds of the stuff.

When he was busted, it wasn’t for shoveling around lots of marijuana, but for hawking a single joint to a buddy in the street. His carelessness cost him, and he was caught. But, Jerome is a white guy with a flashy criminal defense lawyer in a Ralph Lauren suit, so he circumvented the charges and walked out of court with a $100 fine.

Legal Pot Supports 150,000 New Yorkers

A new report shows 150,000 Americans are working in the pot industry.

New York took a cocky step in the late 1970s when it passed the Oliveri Statute which authorized a plan to fund a study into the medical use of cannabis. Politicians’ interference undercut the program and left it without funding.

In 2014, New York crafted the Compassionate Care Act which, at first, had hardly any physicians, patients or products.

State officials made changes in 2017. They expanded and improved entree to medical marijuana. New York City attached restricting infirmities like persistent pain and PTSD as well as made it simpler for doctors to get licensed to certify patients. The city also awarded five permits to produce and distribute medical marijuana. The state still does not allow dispensaries to sell cannabis flower — just edibles, tinctures, and a few other modes are allowed.

In Governor Cuomo’s executive budget speech on January 16, the called for a state-funded study on marijuana’s impact in the health, economic and criminal justice arenas. The study will also look at the possible effect of legalization in the states surrounding New York.  Calling for more research was bold — twenty-years ago. Today it is a stalling tactic.

When politicos don’t want to deal with marijuana legalization, they emerge as advocates for science and research.

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Agencies within the United States law enforcement have been clandestinely assisting local, and state law enforcement authorities find, investigate and arrest suspects. The daily activities are performed in ways which are raising basic issues around defendants’ civil rights.

A current study by the Human Rights Watch indicates federal-level law enforcers are hiding the sources of proof and Mossad-like gather of evidence in criminal cases — particularly drug arrests. The intelligence often includes National Security Agency surveillance programs, wiretaps and phone and surveillance.

Often the defendants have no clue about the investigative tactics which have been utilized in garnering evidence to be used in court against them.

Sarah St. Vincent, the report’s lead author, points out hiding the evidence trail clears the path for law enforcement abuse and illicit conduct.

“There could be communication between the state prosecutors and intelligence community which prevents this stuff from seeing the light of day,” St. Vincent said. “Persons could be locked up without ever knowing to challenge the possibly rights-violating actions behind the case against them.”

Cops and prosecutors often manufacture alternative — or parallel — stories to explain how information was uncovered. The concealment practice, called ‘parallel construction,’ frequently includes traffic stops and vehicle searches.

The 9th Circuit Court of Appeals decided this week the government must be more transparent through the Freedom of Information Act about location-monitoring technology, such as surveillance methodologies, used in criminal investigations.

In a statement to the court, the American Civil Liberties Union of Northern California called the ruling “a victory for accountability and transparency.” The ruling ‘prevents the government from maintaining surveillance policies in secrecy,” said Ms. St. Vincent.

Fruit Of The Poisonous Tree

Fruit of the poisonous tree is a juridical trope in the United States used to describe evidence that is gathered illegally. The philosophy behind the language is that if the source (the “tree”) of the evidence or evidence itself is corrupted, then anything gained (the “fruit”) from it is tainted as well.

The report indicates that evidentiary assessment is based on the government’s own lawyers’ interpretation of cases. This tendency gives way to what is called “the fruit of the poisonous tree,” where a judge bars the prosecution from introducing evidence obtained by the government through illegal actions. Essentially, the government could be concealing some investigative activities based on its determination that the evidence isn’t tainted by illicit conduct.

Any Solutions?

St. Vincent argues it’s up to judges and defense lawyers to begin challenging the origins of evidence.  She would like to see defense lawyers using the report to show judges, “my concerns are genuine. The government engages in this practice, and I want to get information from the prosecution.”

“It’s on everyone, including prosecutors,” said Arkady Bukh, a noted New York defense lawyer. “Everyone needs to be asking how agents obtained the evidence.”

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Police in New York City say a man, wanted for bashing a rider after his target was hit by a train, has surrendered.

Benjamin Gonzalez is suspected of punching Francis Christie in the head on a Union Square platform around three in the morning on December 16.

Christie, 41, was pushed to the ground and his head hung over the platform’s edge as an incoming Q train slammed into his head shattering his skull.

Gonzalez, 24, then drew Christie backward from the edge and hit him again. The incident was caught on video and Gonzalez was accused with assault when he turned himself in. The attacker has been released on a $75K bail, and no court date has been set.

What Happened

What has happened to the city’s subway? According to The Atlantic it wasn’t long ago that New York residents could look to cities like Boston and Washington to appreciate the reliability of their subway.

But with fare hikes, overcrowding, frequent breakdowns and rickety tracks, New York’s Metro Transportation Authority sees millions of angry riders and a multi-billion repair job that will take decades.

Meanwhile, crime on the subway system rises to levels that would keep the Caped Crusader busy. METRO authorities point to increased ridership as the primary factor in the increase in underground crime. There are more passengers now than since the 1940s.

The all-time ridership record was established in 1946 with 2 billion passengers. Ridership exceeded 1.7 billion in 2016, breaking records set in 1948. Now, overcrowding is the reason for about one-third of the system’s delays and over 2/3s of the crime.

Pickpockets, Thieves and Public Lewdness

The Metro Transportation Authority points to pickpockets and thieves as the trigger behind the bump in the subway’s crime rate. About 30-percent of the robbery victims were asleep when their iPhones and iPads were stolen.

“I guess you should know not to go to sleep,” rider Freddie Cant told Channel 7 News.

While the MTA extends its “stay awake and alert” strategy of 30-second announcements, many committee affiliates want more than merely more police on patrol. They are struggling for Governor Andrew Cuomo to name a prosecutor to focus on prosecuting subway crime.

Security measures specialist Sal Lifrieri told Channel 7 that regardless what the administration tries to make persons safer, it goes back to the passengers to protect themselves and their property.

“Pay attention where you put your valuables. Don’t flash money or show your billfold. Don’t present yourself as an easy mark,” Lifrieri said.

Gadget thieves aren’t the only culprits. In addition to Gonzalez, NYPD said they were searching for two men in unconnected subway crimes.

One man is sought for taking an upskirt image of a straphanger, and the other is wanted for public lewdness.

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New York City has always been volatile when it comes to crimes. However, reforms in policing and stiffer sentences for all levels of crime have today, made the State and city one of the safest in the country.

For the past few years now, New York City has had a much lower crime rate keeping in mind its high population. The city government has just eased up on some of its judicial rules.

Starting this week, New York City will have new policy rules that will prevent the practice of bringing criminal charges against individuals who are caught drinking alcohol or urinating in public. This a major win for civil right advocates who have fought New York City council to curb the harsh penalties for minor offenses like drinking or urinating in public.

These events will now be considered minor offenses and would be associated with fines rather than being classified as a crime.

A major benefit of this rule is that it will also keep away thousands of individuals out of the city’s criminal courts every year, and relieve the stress on the justice system. These minor offenses will in most cases be treated as civil matters that will be penalized by undertaking community service or a monetary fine. The other benefit of this new law is that it will also prevent many immigrants from being targeted by ICE agents for deportation.

A few months ago, US president Donald Trump signed an order that expanded the focus of Federal agents to include removal of immigrants charged with any type of crime, even before any conviction.

Mayor Bill de Blasio of New York City has not been in agreement with Trump’s approach to immigration policies and the city has refused to cooperate with any federal effort to deport immigrants by not turning them over to federal agents.

Sarah Solon, deputy director of the Mayor’s Council of Criminal Justice, stated that in a civil court case, there is a zero chance of any immigration consequences.

Prior to Tuesday any person caught urinating in public would have ended up with a criminal misdemeanor on their record and even fingerprinted. Because these fingerprints are automatically shared with federal law enforcements agencies and Immigration customs enforcement, these individual immediately gain the attention of these officials.

The Legal Aid Society and the American Civil Liberties Union have always argued that New York Police Department’s earlier focus on non-violent offenses and minors was completely unnecessary and more importantly, it placed a whole segment of immigrant population at risk for deportation.

Just last year, nearly 100,000 people were detained or issued criminal citation for public urination and drinking.  How many of these were illegal immigrants is not known. However police can still issue criminal charges for individuals on parole or those who have been arrested at least twice for felonies in the past 24 months.

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Marcy Wills was charged with felony theft. She met the criteria for pretrial diversion and started to get her life back on track. When she had trouble paying the related fees and court costs, her case was sent to trial, she was found guilty and sent to jail.

There’s the catch in the pretrial diversion concept. Sure, it may keep you out of jail and avoid trial, but if something goes wrong — even if it’s not your fault — the hammer can fall and fall hard.

The pretrial portion of criminal justice processing is unique. For most individuals it is brief, and the outcome can be dingy. It is an opportunity to identify people who could benefit from a path other than incarceration.

Why Pre-Trial Diversion

A process named “pretrial diversion” is meant to help unburden overburdened courts as it permits low-risk offenders to move forward with their lives.

That’s the theory. In reality, it’s not that simple.

You’ve been arrested, and even if you get probation, that criminal conviction could trip you up in unimaginable ways. You could get evicted and even forbidden to volunteer at your kid’s school.

A pretrial diversion is an option that sometimes helps people keep their (criminal) records clean.

There will probably be a fine, classes to take potentially, counseling to attend as well as community service. Accomplish that shopping-list and the case could be dismissed. You may have to make other concessions, though — like forfeiting your right to a jury trial if something goes wrong.

Diversion is considered a privilege — not a right. Eligibility depends entirely on the prosecutor.

How to Decide if Pre-Trial Diversion is Right for You

 If you have been arrested, contact an attorney quickly to determine if a pretrial diversion would be appropriate.

Often, the programs are the ideal choice, as long as you know what the outcome will be once you complete it. Sometimes, pretrial diverse is not a good choice. If you go to trial, you could wind up with more serious consequences, harsher charges or greater penalties.  However, if you have a very strong defense, trial may be the best option.

There are many factors considered when decided on the best option. Work through those face to face with a lawyer who understands the consequences of your choice.

Speak with an attorney even if only for a consultation to learn more about the diversion process.

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When you take the subway in New York, look about. You may recognize a sign of the times, or maybe you won’t.

In the 1980s, “safety zones” were constructed by the New York Transit Authority in an attempt to make taking the subway a bit  less frightening.

Now, those signs are coming down. Homage to security cameras and an increase police presence.

The “Don’t Honk” signs disappeared several years ago. Placards telling dog owners to get the poop vanished from New York City streets soon after.

Recently, another instruction  displayed in the city’s public area is being taken down: where to remain for a  train late at night.

The instructions were unnoticed by many.

He was a lifelong New Yorker and had frequently hopped the subway at Astor Place station. Standing under a sign showing where riders would wait “late at night” Eddie says, “I never saw it. Never noticed it.”

“What does that involve?” he asked.

Eddie, a daily subway commuter, has company. While still appreciated by some, the assigned waiting areas — well-lit areas within view  of a station operator — are foreign to riders today. Soon, the signs will be more obscure.

The Metropolitan Transportation Authority cites increasing night ridership and decreasing crime as the reason for eliminating the waiting area signage while the authorities renovate stations.

In the 1950s, the waiting areas were promoted as a low-cost way to give a sense of safety. They’ve become obsolete relics of an unruly era.

Kevin Ortiz, a spokesperson for the authority, says several high-tech safety features displaced the idea of the waiting areas.  Included in the newer safety methods are thousands of security camera and intercom on platforms.

“Some stations have the signage, but we don’t know how many,” Ortiz said.

While most riders aren’t aware of the waiting areas, some individuals still use them.

Pelumi Adegawa is one. Sitting in the waiting zone in  the Grant Avenue location in Brooklyn, Adegawa said, “It’s cooler up here. You don’t have to see the rats either.”

Vince Coogan, director of the Police Department’s Transit Bureau, said he doesn’t know if the areas are useful in discouraging crime. He did note that crime on city transportation has dropped. Between 1990 and 2014, the transit experienced 87% fewer felonies according to law enforcement data. When at the same time, annual subway ridership was doubling.

A placebo effect may be at work. People may feel more secure because they are in the “safety zone.”

The emotional reassurance might be all that some need.

Christine Zhang was not aware she was occupying the waiting area and did not seek the areas. She does believe the safety zones may give peace of mind to tourists and newcomers.

“Maybe they have the perception that New York is dangerous and need the zones for a sense of security,” Zhang said.

The waiting area signs were installed in the 1980s as a part of a series of security features.

“When I moved here, it was intimidating to take the subway,” said David Gunn, the authority’s president between 1984 and 1990.

Crime was at high levels in the cars and stations. Train breakdowns, graffiti and even cars catching fire were common problems.

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