SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ‘THE PEOPLE OF THE STATE OF NEW YORK -against- DAVID WEISZER, 1 ELAINE CUTCHIN, TAMARAH ALLEN, PEOPLE’S STATEMENT OF HERMAN EPSTEIN, | Facts Defendants. Indictment Nos. 605/2015, : 606/2015 Introduction 1. Tam an Assistant District Attorney in the New York County District Attorney's Office. I have been cross designated as a Special Assistant District Attorney in ied the Kings County District Attomey’s Office for the purpose of the above-cay matters. 2. The People respectfully submit this letter to assist the Court in making appropriate bail determinations for the defendants listed in the above-captioned indictments, who are expected to appear before the Court for arraignment on February 10, 2015 and February 11, 2015. 3. Over the past two years, the District Attorney's Office has worked jointly with the Department of Investigation (DOD) and the New York City Police Department (NYPD) to investigate and root out corruption within the New York City Department of Buildings (DOB). This investigation began in early 2013 with allegations of bribereceiving by one DOB inspector. It expanded to numerous instances of bribery and bribe receiving involving multiple DOB employees. ‘The investigation included evidence from multiple sources including, court-ordered intercepted phone conversations, surveillances, DOB records, bank and other financial records, cooperating witnesses, and controlled meets. 4, A Brooklyn grand jury has voted to indict two DOB employees, and two unlicensed filing representatives.’ Their crimes include Bribery in the Third Degree (P.L. § 200.00), Rewarding Official Misconduct (P-L. § 200.22), and Receiving Reward for Official isconduct in the Second Degree (P.L. § 200.25). DOB Mission 5. DOB is responsible for ensuring the safe and legal use of over 975,000 buildings throughout New York City, by enforeing the City’s Building Code, Electrical Code, Zoning Resolution, New York State Labor Law, and New York State Multiple Dwelling Law. Among its other responsibilities, DOB issues construction permits, inspects properties, and issues stop work orders and violations when necessary. According to the agency website, DOB aims to “facilitate compliant development with integrity, efficiency and professionalism. 6. DOB and the New York City Conflict of Interest Board (*COIB") prohibit associations between DOB employees and those doing business with DOB, and conduct yearly training sessions for DOB employees. DOB employees may not accept anv benefit from a contractor, expeditor, developer, or other licensee who is doing business with DOB. 1 A New York County grand jury has also voted to indict «total of 23 defendants involved in multiple DOB, bribery schemes 2 Miisioe e Visor, NYC BUILDINGS, (2014), hip: / /www-.aye gov/htenl/dob /ntenl/about/ mission sheen]DOB employees are mandated to report any instance of a bribe offer. This zero tolerance policy applies to all DOB employees, including clerks, inspectors, and chiefs. Despite this policy, this investigation has documented evidence that DOB employees within the Brooklyn office have engaged in bribery schemes. SCHEME INVOLVING DAVID WEISZER, ELAINE CUTCHIN, ‘TAMARAH ALLEN Background of Defendants: 7. Elaine Cutchin (*CUTCHIN”) was born on January 22, 1959, and has worked at DOB since January 22, 2007. She works as a Clerical Associate in the Brooklyn DOB Office located at 210 Joralemon Street. 8. Tamarah Allen (“ALLEN”) was bom on October 13, 1973, and has worked at DOB since January 6, 2003. She works as a Clerical Associate in the Brooklyn DOB Office located at 210 Joralemon Street. 9. David Weiszer (“WEISZ1 ") was born on July 21, 1949. This investigation has shown that WEISZER acted as an unlicensed building expeditor, meaning that property developers hired and paid WEISZER to expedite DOB inspections and construction sign-offs for their new buildings. WEISZER, in tur, paid DOB employees to expedite these jobs for him. WEISZER lived at 1143 North Cedar Crest Boulevard, Allentown, Pennsylvania 18104 until November 2014. After investigators executed a search warrant of his home on October 30, 2014, he fled to Vermont. His criminal history includes a conviction for Arson in the Second Degree (P.L. § 150.15) and Reckless » A Grand Jury in New York County has voted to indict WEISZER for four counts of Baibery in the Second Degree (PL. § 200.03), and one count of Bribery in the Third Degree (PL. § 200.00). ‘These schemes involved four separate DOB employees. One scheme lasted two years, rom 2012 to 2014. The other scheme lasted from June 2014 through October 2014,Endangerment in the First Degree (P-L. § 120.25) on March 11, 1988, where he was sentenced to | to 3 years’ incarceration. In 2008, Weiszer was charged with discharging industrial waste into a Schuylkill River tributary in Pennsylvania, Scheme: 10. Although DOB and COIB rules prohibit associations between DOB employees and those doing business with DOB, this investigation has shown that WEISZER paid CUTCHIN and ALLEN to expedite and process DOB filings for him even when he lacked the required credentials. The evidence against these defendants comes from court-ordered wiretapped conversations, surveillances, interviews, search warrants, and cell phone records. 11. The Brooklyn DOB office utilized a ticket system whereby prospective filing representatives, licensees, and contractors would need a ticket before they could see aclerk. ‘This system was put in place to ensure that DOB handled requests in a neutral and fair manner. Due to the volume of requests, a limited number of tickets were given out each day, and each ticket allowed a limited number of transactions. As such, these tickets were somewhat of a commodity. 12. DOB clerks CUTCHIN and ALLEN were trained to conduct transactions according to the stated guidelines, and to only accept paperwork from those individuals with the proper credentials. Despite this protocol, both CUTCHIN and ALLEN processed. DOB paperwork for WEISZER who did not have a ticket or the proper credentials. In exchange, WEISZER gave CUTCHIN and ALLEN cash. 13. Intercepted calls document some of the instances in which CUTCHIN asked for monetary and other gifts from WEISZER. ALLEN too, asked for $3,000 from WEISZER. Examples taken from these intercepted calls are below:CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: WEISZER: Okay, ean you do me a favor? Yes, yes. 1, have, I need something for television or something. You know what I mean? You need money? Yes sir. Alright, I'm gonna bring it myself. Thave nothing. Okay, Ill bring it myself. I'm coming that way. Um, I need a big favor. A what? Ireally don’t have a paycheck, and I need a, a few groceries. And I was wondering if you could Joan me a couple dollars? Why not? For you, every time. (Call translated from Yiddish, referring to CUTCHIN): WEISZER: SCHWARTZ: WEISZER: SCHWARIZ: WEISZEI SCHWARTZ: WEISZER: WEISZER: ALLEN WEISZER: ALLEN She works in the building department. She works by the window. Oh. And you went to her? Yes. Because she does for me. First of all I don’t have to stand on line. That alone is worth a lot of money. I drop it by her and in 10 to 15 minutes, I have the permit. In addition, she does other things, a lot of things for me. Whatever she can, she does. It is not free. Is she is going to die? What? Is she going to be healthy, or is she going to die? She is not going to die. Probably she will be back to work this week. If she was going to die, I would not be going to visit her. I’m sure you need something, that’s why you called me, right? Can you, but. .. if], it has to stay between us. It looks like you don’t know me. Tneeds, I need to borrow some money, please.WEISZER: ALLEN: WEISZER: WEISZER: ALLE! WEISZER: ALLEN: WEISZER: ALLE! WEISZER: ALLEN: WEISZER: ALLEN: WEISZER: ALLEN: 14. No problems, okay, how much you need? Ineed, need a five thousand or three thousand, which one you could lend me? Wow, wow, wow, wow, wow, wow, wow, but yeah, I can lend it for you, but, it’s gonna take more than a day. How soon do you need it? ‘You want me, you want me bring it to you tomorrow morning? I mean tomorrow night? What thing? What I got to give you. Oh, oh, I'm not gonna be home tomorrow. So, you want, you gonna be downstairs today? You want me to give it to you up there it’s, I don’t want to give it up there. No. You coming down later? Leave it, leave it, leave it there, leave it with, with the girl for me please. Are you kidding? It’s, it’s not.. I could go at 2 o’clock, at 2 o'clock. At2 o'clock, you know what? I'm gonna give it to you with uh, with some kind of a permit and that’s it. Okay then, no problem. Ihave no other choice, I’m not leaving it with you know.. Okay. During the investigation, DOI investigators spoke to CUTCHIN and ALLEN, and both admitted that they let WEISZER skip the line repeatedly, and both admitted taking money from WEISZER. 15, WEISZER is charged with two counts of Rewarding Official Misconduet in the Second Degree (P.L. § 200.22). CUTCHIN and ALLEN are each charged with Receiving Reward for Official Misconduct in the Second Degree (P-L. § 200.25),SCHEME INVOLVING HERMAN EPSTEIN 16. Herman Epstein (“EPSTEIN”) was born on March 12, 1979, and resides in Brooklyn. EPSTEIN works as a property owner and manager. The evidence against EPSTEIN includes the use of court-ordered intercepted phone conversations and physical surveillances. This evidence shows that EPSTEIN paid a DOB inspector a sum of currency in exchange for DOB favors. EPSTEIN is charged with one count of Bribery in the Third Degree (P.L. § 200.00). 17. His criminal record indicates a history of bribery. Specifically, on June 11, 2013, he pleaded guilty to Attempted Bribery in the Third Degree. In that case, EPSTEIN paid $500 to an undercover housing inspector to remove violations. Notably, the conduct for which EPSTEIN is charged, occurred in June 2013 after his 2013 conviction. In addition, a New York County grand jury recently indicted EPSTEIN for Bribery in the Third Degree, and that ease is pending in New York County. Respectfully submitted, Rachana Pathak int District Attorney ce: All CounselSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS THE PEOPLE OF THE STATE OF NEW YORK! -against- DAVID WEISZER, i ELAINE CUTCHIN, TAMARAH ALLEN, PEOPLE’S STATEMENT OF HERMAN EPSTEIN, FACTS Defendants. | Indictment Nos. 605/2015, 606/2015 Introduction de I am an Assistant District Attorney in the New York County District Attomey’s Office, I have been cross designated as a Special Assistant District Attomey in the Kings County District Attomey’s Office for the purpose of the above-captioned matters. 2. The People respectfully submit this letter to assist the Court in making appropriate bail determinations for the defendants listed in the above-captioned indictments, who are expected to appear before the Court for arraignment on February 10, 2015 and February 11, 2015 3. Over the past two years, the District Attorney’s Office has worked jointly with the Department of Investigation (DOI) and the New York City Police Department (NYPD) to investigate and root out corruption within the New York City Department of Buildings (DOB). This investigation began in early 2013 with allegations of bribereceiving by one DOB inspector. It expanded to numerous instances of bribery and bribe receiving involving multiple DOB employees. The investigation included evidence from multiple sources including, court-ordered intercepted phone conversations, surveillances, DOB records, bank and other financial records, cooperating witnesses, and controlled meets 4. A Brooklyn grand jury has voted to indict two DOB employees, and two unlicensed filing representatives. Their crimes include Bribery in the Third Degree (P.L. § 200.00), Rewarding Official Misconduct (P.L. § 200.22), and Receiving Reward for Official Misconduct in the Second Degree (P.L. § 200.25). DOB Mission 5. DOB is responsible for ensuring the safe and legal use of over 975,000 buildings throughout New York City, by enforcing the City’s Building Code, Electrical Code, Zoning Resolution, New York State Labor Law, and New York State Multiple Dwelling Law. Among its other responsibilities, DOB issues construction permits, inspects properties, and issues stop work orders and violations when necessary. According, to the agency website, DOB aims to “facilitate compliant development with integrity, efficiency and professionalism.”? 6. DOB and the New York City Conflict of Interest Board (“COIB”) prohibit associations between DOB employees and those doing business with DOB, and conduct yearly training sessions for DOB employees. DOB employees may not accept any benefit from a contractor, expeditor, developer, or other licensee who is doing business with DOB. SANew York bribery schemes. 2 Masson e> Vision, NYC BUILDIN sty grand jusy has also voted to indict a total of 23 defendants involved in snultiple DOB (2014), hep: / /wsrwnye gow/html/dob/lstel/about/mission shem!DOB employees are mandated to report any instance of a bribe offer. This zero tolerance policy applies to all DOB employees, including clerks, inspectors, and chiefs. Despite this policy, this investigation has documented evidence that DOB employees within the Brooklyn office have engaged in bribery schemes. SCHEME INV! ING DA [NE TAMARAH ALLEN Background of Defendants: 7. Elaine Cutchin (“CUTCHIN”) was born on January 22, 1959, and has worked at DOB since January 22, 2007. She works as a Clerical Associate in the Brooklyn, DOB Office located at 210 Joralemon Street. 8. Tamarah Allen (“ALLEN”) was born on October 13, 1973, and has worked at DOB since January 6, 2003. She works as a Clerical Associate in the Brooklyn DOB Office located at 210 Joralemon Street. 9 Davi Weiszer (“WEISZER”) was bom on July 21, 1949. This investigation has shown that WEISZER acted as an unlicensed building expeditor, meaning that property developers hired and paid WEISZER to expedite DOB inspections and construction sigt offs for their new buildings. WEISZER, in turn, paid DOB employees to expedite these jobs for him.? WEISZER lived at 1143 North Cedar Crest Boulevard, Allentown, Pennsylvania 18104 until November 2014. After investigators executed a search warrant of his home on October 30, 2014, he fled to Vermont. His criminal history includes a conviction for Arson in the Second Degree (P.L. § 150.15) and Reckless A Grand Jury in New York County has voted to indict WEISZER for four counts of Bribery in the Second Degree (P1. § 200.03), and one count of Bribery in the Third Degece (P-L. § 200.00). These schemes involved four separate DOB employees. One scheme lasted two years, from 2012 to 2014, The other scheme lasted from june 2014 through October 2014,Endangerment in the First Degree (P.L. § 120.25) on March 11, 1988, where he was sentenced to 1 to 3 years’ incarceration. In 2008, Weiszer was charged with discharging industrial waste into a Schuylkill River tributary in Pennsylvania, Scheme: 10. Although DOB and COIB rules prohibit associations between DOB employees and those doing business with DOB, this investigation has shown that WEISZER paid CUTCHIN and ALLEN to expedite and process DOB filings for him even when he lacked the required credentials. ‘The evidence against these defendants comes from court-ordered wiretapped conversations, surveillances, interviews, search warrants, and cell phone records. 11. The Brooklyn DOB office utilized a ticket system whereby prospective filing representatives, licensees, and contractors would need a ticket before they could see aclerk. This system was put in place to ensure that DOB handled requests in a neutral and fair manner. Due to the volume of requests, a limited number of tickets were given out each day, and each ticket allowed a limited number of transactions. As such, these tickets ‘were somewhat of a commodity. 12, DOB clerks CUTCHIN and ALLEN were trained to conduct transactions according to the stated guidelines, and to only accept paperwork from those individuals with the proper credentials. Despite this protocol, both CUTCHIN and ALLEN processed DOB paperwork for WEISZER who did not have a ticket or the proper credentials. In exchange, WEISZER gave CUTCHIN and ALLEN cash. 13. Intercepted calls document some of the instances in which CUTCHIN asked for monetary and other gifts from WEISZER. ALLEN too, asked for $3,000 from WEISZER. Examples taken from these intercepted calls are below:CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: WEISZER: CUTCHIN: Okay, can you do mea favor? Yes, yes. I, Ihave, I need something for television or something. You know what I mean? ‘You need money? ‘Yes sir. Alright, I’m gonna bring it myself. Thave nothing. Okay, Ill bring it myself. ’m coming that way. Um, I need a big favor. A what? I really don’t have a paycheck, and I need a, a few groceries. And I was wondering if you could loan me a couple dollars? Why not? For you, every time. (Call translated from Yiddish, referring to CUTCHIN): WEISZER: SCHWARTZ: WEISZER: SCHWARTZ: WEISZER: SCHWARTZ: WEISZER: WEISZER: ALLEN: WEISZER: ALLEN: She works in the building department. She works by the window. Oh. And you went to her? Yes. Because she does forme. First of all { don’t have to stand online. That alone is worth a lot of money. I drop it by her and in 10 to 15 minutes, I have the permit. In addition, she does other things, a lot of things for me. Whatever she can, she does. It isnot free. Is she is going to die? ‘What? Is she going to be healthy, or is she going to die? She is not going to die. Probably she will be back to work this, week. If she was going to die, I would not be going to visit her. I'm sure you need something, that’s why you called me, right? Can you, but. .. if I, it has to stay between us. It looks like you don’t know me, I needs, I need to borrow some money, please.WEISZER: ALLEN: WEISZER: WEISZER: WEISZER: ALLEN: WEISZER: ALLEN WEISZER: ALLEN: cn No problems, okay, how much you need? Ineed, need a five thousand or three thousand, which one you could lend me? Wow, wow, wow, wow, wow, wow, wow, but yeah, I can lend it for you, but, it’s gonna take more than a day. How soon do you need it? You want me, you want me bring it to you tomorrow morning? I mean tomorrow night? What thing? What I got to give you. Oh, oh, I’m not gonna be home tomorrow. So, you want, you gonna be downstairs today? You want me to give it to you up there it’s, I don’t want to give it up there. No. You coming down later? Leave it, leave it, leave it there, leave it with, with the girl for me please. Are you kidding? Its, it’s not... I could go at 2 o’clock, at 2 o’clock. At2 o'clock, you know what? I'm gonna give it to you with uh, with some kind of a permit and that’s it, Okay then, no problem. Thave no other choice, I’m not leaving it with you know. Okay. During the investigation, DOI investigators spoke to CUTCHIN and ALLEN, and both admitted that they let WEISZER skip the line repeatedly, and both admitted taking money from WEISZER. 15 WEISZER is charged with two counts of Rewarding Official Misconduct in the Second Degree (P-L. § 200.22). CUTCHIN and ALLEN are each charged with Receiving Reward for Official Misconduct in the Second Degree (P.L. § 200.25). aSCHEME INVOLVING HERMAN EPSTEIN 16. Herman Epstein (“EPSTEIN”) was born on March 12, 1979, and resides in Brooklyn. EPSTEIN works as a property owner and manager. The evidence against EPSTEIN includes the use of court-ordered intercepted phone conversations and physical surveillances. This evidence shows that EPSTEIN paid a DOB inspector a sum of currency in exchange for DOB favors. EPSTEIN is charged with one count of Bribery in the Third Degree (P.L. § 200.00). 17, His criminal record indicates a history of bribery. Specifically, on June 11, 2013, he pleaded guilty to Attempted Bribery in the Third Degree. In that case, EPSTEIN paid $500 to an undercover housing inspector to remove violations. Notably, the conduct for which EPSTEIN is charged, occurred in June 2013 after his 2013 conviction. In addition, a New York County grand jury recently indicted EPSTEIN for Bribery in the ‘Third Degree, and that case is pending in New York County. Respectfully submitted, Aan Rachana Pathak Assistant District Attorney ce: All Counsel