Last edited on Friday, October 22, 2021, at 10:40 AM.

Welcome to The Blanch Law Firm’s weekly digest of New New York Criminal Cases. Our goal is to keep the public informed as to recent events in federal courts around the country. 

As always, unless otherwise disclosed, none of the defendants mentioned in these summaries are clients of our firm.

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Friday, October 22, 2021

I. Charges Filed Against Two Related to Armed Robbery in Ossining That Led to the Death of a Co-Conspirator

On October 19, 2021, the U.S. Attorney for the Southern District of New York, Damian Williams, announced the Oct. 18 unsealing of a four-count indictment charging Matthew Dusablon, a/k/a “Mateo,” a/k/a “Murk,” 27, and Jahaira Mejia, 35, both from the Bronx, with robbery and obstruction of justice.  The defendants were arrested Oct. 18 and presented to U.S. Magistrate Judge Judith C. McCarthy in White Plains federal court.

As alleged in the Indictment, and other publicly available documents, on December 6, 2020, Dusablon, Mejia, and at least three other co-conspirators committed a gunpoint robbery in Ossining, New York, during which one of the co-conspirators brandished a firearm.  That same co-conspirator died from injuries sustained during the robbery victim’s flight from the scene of the robbery. 

Dusablon and Mejia later concealed a jacket that another co-conspirator was wearing during the robbery and deleted information from their cell phones and social media accounts to obstruct the federal investigation of the December 6, 2020, robbery. Dusablon also directed a co-conspirator to erase information from the co-conspirator’s cellphone and social media accounts to obstruct the federal investigation of the December 6, 2020, robbery.

Source: https://www.justice.gov/usao-sdny/pr/us-attorney-announces-charges-against-two-defendants-relating-armed-robbery-ossining

II. Brooklyn Man Charged with Enticement of Two 14-Year-Old Children

On October 20, 2021, the U.S. Attorney for the Southern District of New York, Damian Williams, announced the arrest of Fabrice Tontisabo, a/k/a “Fabrice Williams,” 33, of Brooklyn, NY for persuading, inducing, enticing and coercing two 14-year-old minors to engage in sexual activity.  Tontisabo was arrested Oct. 20 and was presented later that day before U.S. Magistrate Judge Robert W. Lehrburger in Manhattan federal court.

According to the Complaint, originally filed on September 9, 2021, in Manhattan federal court and unsealed Oct. 20, between at least on or about October 2020, up to and including at least on or about March 2021, Tontisabo persuaded a 14-year-old minor (“Minor Victim-1”) to meet him in person on multiple occasions to engage in sexual activities with TONTISABO in exchange for cash, alcohol, and marijuana. 

In addition, between at least on or about October 2019, up to and including at least on or about January 2020, Tontisabo persuaded another 14-year-old minor (“Minor Victim-2”) to meet him in person on multiple occasions to engage in sexual activities with Tontisabo in exchange for cash, alcohol, and marijuana.

Source: https://www.justice.gov/usao-sdny/pr/brooklyn-man-charged-enticement-two-14-year-old-children

III. Former Pain Management Doctor Charged with Sexually Abusing Patients Across Multiple States Over 15 Years

On October 20, 2021, Damian Williams, the U.S. Attorney for the Southern District of New York, announced that Ricardo Cruciani had been arrested that morning and charged in connection with his sexual abuse of numerous pain management patients over the course of over 15 years.  The Indictment unsealed today alleges that from at least in or about 2002 up to and including at least in or about 2017, Cruciani enticed and induced multiple victims to travel to his medical offices in New York, New York, Hopewell, New Jersey, and Philadelphia, Pennsylvania, to subject them to unlawful sexual abuse.  Cruciani was presented later that same day before U.S. Magistrate Judge Robert W. Lehrburger in Manhattan federal court.  The case is assigned to U.S. District Judge John P. Cronan in the Southern District of New York.

According to the Indictment, Cruciani was a Pain Management Doctor who treated patients from multiple states who suffered from, among other things, severe and chronic pain.  Between at least in or about 2001 and in or about 2014, Cruciani was employed by and affiliated with a prominent medical hospital and medical center located in New York, New York, and maintained medical offices in New York, New York.  

Between at least in or about 2013 and in or about 2016, Cruciani was a practicing pain management doctor employed by and affiliated with a prominent medical hospital and medical center located in Hopewell, New Jersey, and maintained medical offices in Hopewell, New Jersey.  Between at least in or about 2016 and in or about 2017, Cruciani was a practicing pain management doctor employed by and affiliated with a prominent medical hospital and university located in Philadelphia, Pennsylvania, and maintained medical offices in Philadelphia, Pennsylvania. 

For at least approximately 15 years, between at least in or about 2002 and in or about 2017, Cruciani allegedly sexually abused numerous adult female patients who suffered from severe and chronic pain and were under his medical care as a pain management doctor.

Source: https://www.justice.gov/usao-sdny/pr/former-pain-management-doctor-charged-manhattan-federal-court-sexually-abusing-patients

IV. Former Execs of Email Security Company Charged With $50 Million Fraud Scheme

On October 20, 2021, the U.S. Attorney for the Southern District of New York, Damian Williams, along with several prominent law enforcement officials, announced that Robert Bernardi, the founder and former CEO of the Virginia-based email security company GigaMedia Access Corporation, d/b/a GigaTrust (“GigaTrust”), Nihat Cardak, GigaTrust’s former CFO, and Sunil Chandra, GigaTrust’s former Vice President of Business Development, were charged in an Indictment in Manhattan federal court with participating in a scheme to defraud investors and lenders of millions of dollars through false and misleading misrepresentations, including fabricated bank statements and audit reports, and by impersonating a purported customer, auditor, and GigaTrust lawyer.

According to the allegations in the Indictment, from in or about 2016 through at least in or about 2019, GigaTrust was a private company headquartered in Virginia that purported to be a market-leading provider of cloud-based content security solutions.  Bernardi founded GigaTrust and served as its CEO, while Cardak, and Chandra were GigaTrust’s CFO and Vice President of Business Development, respectively.  

All three defendants devised a scheme to defraud investors and lenders by (a) fabricating and disseminating false and misleading bank account statements that overstated GigaTrust’s cash deposits; (b) fabricating and disseminating false and misleading audit materials purporting to have been issued by GigaTrust’s auditors and which overstated GigaTrust’s performance; (c) forging and disseminating a false and misleading letter purporting to be from GigaTrust’s New York-based counsel; and (d) impersonating or causing others to impersonate a purported customer and auditor of GigaTrust on telephone calls with a prospective lender.

Source: https://www.justice.gov/usao-sdny/pr/former-ceo-cfo-and-vp-email-security-company-charged-50-million-fraud-scheme

V. Indictment Charges Former Officers of Moving Company with Payroll Tax Fraud Scheme

On October 20, 2021, the U.S. Attorney for the Southern District of New York, Damian Williams, announced the unsealing of a federal Indictment charging Joseph Eugene LeMay, a/k/a “Gene Lemay,” and Joel Lingat with criminal tax offenses.  LeMay is the former president of a company that provides moving and storage services (Company-1), and Lingat is Company-1’s bookkeeper.  

LeMay and Lingat are alleged to have conspired to perpetrate a long-running scheme to evade more than approximately $7.8 million in federal payroll taxes owed by Company-1 and affiliated companies to the IRS.  LeMay is also alleged to have evaded his personal income taxes.  Lingat was previously arrested in this case; LeMay self-surrendered to the federal courthouse today and is expected to be presented on the charges in the Indictment this afternoon.  The case is assigned to U.S. District Judge Mary Kay Vyskocil. 

According to the allegations in the Indictment unsealed today and the criminal complaint previously filed against Lingat (where LeMay is identified as CC-1), from in or about 2010 through in or about December 2016, LeMay, Lingat, and other co-conspirators perpetrated a scheme to defraud the U.S. government of payroll and income taxes due and owing to the IRS by Company-1 and affiliated companies.  

As part of the criminal scheme, LeMay and Lingat, along with their co-conspirators created sham companies, nominally owned by close associates or family members of LeMay or others at Company-1; assigned (on paper only) foremen and movers working for Company-1 to the sham companies; and fraudulently made it appear that the sham companies were independent contractors, including by creating fake invoices by which the sham companies purportedly billed Company-1 for labor.

Source: https://www.justice.gov/usao-sdny/pr/us-attorney-announces-indictment-charging-former-president-and-bookkeeper-moving